B.
Permitted accessory use and/or structures. Only the
following accessory uses on the same lot with and customarily incidental
to the foregoing permitted uses:
[Amended 12-18-2006 by Ord. No. 2006-26]
C.
Conditional uses. The following conditional uses shall meet the requirements set forth in § 110-10:
(1)
Churches and other places of worship.
(2)
Utility structures and facilities needed to provide
the direct service of gas, electricity, telephone, water and sewerage,
but not offices, garages, warehouses, maintenance areas, production
facilities, processing facilities or similar commercially or industrially
related operations of such companies.
(3)
Quasi-public buildings and recreation areas.
(4)
Home occupations.
(5)
Bed-and-breakfast facilities.
D.
Area and bulk regulations. The area and bulk regulations
for this District shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[1]
[1]
Editor’s Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
E.
Other regulations. All other regulations of this chapter
shall be applied accordingly.
B.
Permitted accessory uses and/or structures. Only the
following accessory uses and/or structures on the same lot with and
customarily incidental to the foregoing permitted uses:
[Amended 12-18-2006 by Ord. No. 2006-26]
C.
Conditional uses. The following conditional uses shall meet the requirements set forth in § 110-10:
(1)
Churches and other places of worship.
(2)
Utility structures and facilities needed to provide
the direct service of gas, electricity, telephone, water and sewerage,
but not offices, garages, warehouses, maintenance areas, production
facilities, processing facilities or similar commercially or industrially
related operations of such companies.
(3)
Quasi-public buildings and recreation areas.
(4)
Home occupations.
(5)
Bed-and-breakfast facilities.
D.
Area and bulk regulations. The area and bulk regulations
for this District shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[1]
[1]
Editor’s Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
E.
Other regulations. All other regulations of this chapter
shall be applied accordingly.
B.
Permitted accessory uses and/or structures. Only the
following accessory uses and/or structures on the same lot with and
customarily incidental to the foregoing permitted uses:
[Amended 12-18-2006 by Ord. No. 2006-26]
C.
Conditional uses. The following conditional uses shall meet the requirements set forth in § 110-10:
(1)
Churches and other places of worship.
(2)
Utility structures and facilities needed to provide
the direct service of gas, electricity, telephone, water and sewerage,
but not offices, garages, warehouses, maintenance areas, production
facilities, processing facilities or similar commercially or industrially
related operations of such companies.
(3)
Quasi-public buildings and recreation areas.
(4)
Home occupations.
D.
Area and bulk regulations. The area and bulk regulations
for this district shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[1]
[1]
Editor’s Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
E.
Other regulations. All other regulations of this chapter
shall be applied accordingly.
F.
Prohibited uses. Flag lots should be prohibited.
B.
Permitted accessory uses and/or structures. Only the
following accessory uses and/or structures on the same lot with and
customarily incidental to the foregoing permitted uses:
[Amended 12-18-2006 by Ord. No. 2006-26]
C.
Conditional uses. The following conditional uses shall meet the requirements set forth in § 110-10:
(1)
Churches and other places of worship.
(2)
Utility structures and facilities needed to provide
the direct service of gas, electricity, telephone, water and sewerage,
but not offices, garages, warehouses, maintenance areas, production
facilities, processing facilities or similar commercially or industrially
related operations of such companies.
(3)
Quasi-public buildings and recreation areas.
(4)
Home occupations.
D.
Area and bulk regulations. The area and bulk regulations
for this District shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[1]
[1]
Editor’s Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
E.
Other regulations. All other regulations of this chapter
shall be applied accordingly.
F.
Fenestration,
as defined (pursuant to Ordinance No. 2006-25),[2] shall be between 30% and 70% for all building facades
(measured for each facade and story between three feet and nine feet
above the finished floor). Blank lengths of wall greater than 20 linear
feet are prohibited.
[Added 12-18-2006 by Ord. No. 2006-25]
G.
Porches,
as defined (pursuant to Ordinance No. 2005-12),[3] shall be permitted to encroach into the front yard setback
up to seven feet, and stairs are permitted to further encroach into
the front yard up to four feet. All porches and stairs shall be set
back at least one foot from the property line. Porch roofs may contain
a minimum roof slope of two feet of rise per every 12 feet of run.
[Added 12-18-2006 by Ord. No. 2006-25]
H.
Main roof
pitch: minimum 4:12 to maximum 8:12.
[Added 12-18-2006 by Ord. No. 2006-25]
I.
Residential
parking stalls, spaces, areas, and garages are encouraged to be located
in the side and rear yards. Where parking and private garages are
part of the principal building and parking is located in the front
yard, garage facades shall be located a minimum of three feet behind
the front setback line.
[Added 12-18-2006 by Ord. No. 2006-25]
B.
Permitted accessory uses and/or structures. Only the
following accessory uses and/or structures on the same lot with and
customarily incidental to the foregoing permitted uses:
[Amended 12-18-2006 by Ord. No. 2006-26]
C.
Conditional uses. The following conditional uses shall meet the requirements set forth in § 110-10:
(1)
Churches and other places of worship with a minimum
lot area of one acre.
(2)
Utility structures and facilities needed to provide
the direct service of gas, electricity, telephone, water and sewerage,
but not offices, garages, warehouses, maintenance areas, production
facilities, processing facilities or similar commercially or industrially
related operations of such companies.
(3)
Quasi-public buildings and recreation areas.
(4)
Home occupations.
(5)
Public and not-for-profit schools with a minimum lot
area of two acres. Landscaped buffers shall be identical to churches
and other places of worship.
(6)
Marina
and marine-related facility.
[Added 5-2-2011 by Ord. No. 2011-16]
D.
Area and bulk requirements. The area and bulk regulations
for this District shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[1]
[1]
Editor’s Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
E.
Other regulations. All other regulations of this chapter
shall be applied accordingly.
F.
Fenestration,
as defined (pursuant to Ordinance No. 2006-25),[2] shall be between 30% and 70% for all building facades
(measured for each facade and story between three feet and nine feet
above the finished floor). Blank lengths of wall greater than 20 linear
feet are prohibited.
[Added 12-18-2006 by Ord. No. 2006-25]
G.
Porches,
as defined (pursuant to Ordinance No. 2005-12),[3] shall be permitted to encroach into the front yard setback
up to seven feet, and stairs are permitted to further encroach into
the front yard up to four feet. All porches and stairs shall be set
back at least one foot from the property line. Porch roofs may contain
a minimum roof slope of two feet of rise per every 12 feet of run.
[Added 12-18-2006 by Ord. No. 2006-25]
H.
Main roof
pitch: minimum 4:12 to maximum 8:12.
[Added 12-18-2006 by Ord. No. 2006-25]
I.
Residential
parking stalls, spaces, areas, and garages are encouraged to be located
in the side and rear yards. Where parking and private garages are
part of the principal building and parking is located in the front
yard, garage facades shall be located a minimum of three feet behind
the front setback line.
[Added 12-18-2006 by Ord. No. 2006-25]
B.
Permitted accessory uses and/or structures. Only the
following accessory uses and/or structures on the same lot with and
customarily incidental to the foregoing permitted uses:
[Amended 12-18-2006 by Ord. No. 2006-26]
C.
Area and bulk regulations. The area and bulk regulations
for this District shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[1]
[1]
Editor’s Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
A.
Permitted principal uses. In an R-6 Single-Family
Residential District, land shall be used only for the following permitted
uses:
B.
Permitted accessory uses and/or structures. Only the
following accessory uses and/or structures on the same lot with and
customarily incidental to the foregoing permitted uses:
[Amended 12-18-2006 by Ord. No. 2006-26]
C.
Area and bulk regulations. The area and bulk regulations
for this District shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[1]
(1)
The minimum inhabitable floor area shall be at least
900 square feet per dwelling unit.
[1]
Editor’s Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
D.
Conditional uses. The following conditional uses shall meet the requirements set forth in § 110-10:
(1)
Home occupations.
(2)
[2]Apartments over the first floor of commercial uses, provided
that the apartments are restricted to “affordable units”
as defined and regulated by New Jersey Council on Affordable Housing
Rules set forth in N.J.A.C. 5:93-1 et seq. and have sufficient off-street
parking assigned to the residents. The minimum lot size shall be 10,000
square feet, have sufficient off-street parking and adequately buffer
adjoining residential uses.
[2]
Editor's Note: Former Subsection D(2), regarding principal
uses in the C-1 Neighborhood Commercial District, was repealed 3-1-2010
by Ord. No. 2010-1, and again 6-11-2012 by Ord. No. 2012-6, which
ordinances also redesignated former Subsection D(3) and (4) as Subsection
D(2) and (3), respectively.
(3)
Marinas and marine-related facilities.
(4)
Limited
industrial uses, including the following on Block 1405, Lots 1 and
6; and Block 1411, Lots 1, 1.01 and 2:
[Added 5-2-2011 by Ord. No. 2011-15]
(a)
General offices and office buildings.
(b)
Tradesman and artisan shops, offices and showrooms.
(c)
Manufacture, fabrication and assembly of products from previously
processed and prepared materials conducted within completely enclosed
buildings.
(d)
Research and scientific laboratories.
(e)
Computer software development and manufacture.
(f)
Printing.
(g)
Furniture and cabinet making.
(h)
Reupholstering.
(i)
Media production facilities.
E.
Other regulations. All other regulations of this chapter
shall be applied accordingly.
B.
Permitted accessory uses and/or structures. Only the
following accessory uses and/or structures on the same lot with and
customarily incidental to the foregoing permitted uses:
[Amended 12-18-2006 by Ord. No. 2006-26]
C.
Area and bulk regulations. The area and bulk regulations
for this District shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[1] In addition:
(1)
The gross density for single-family dwellings shall
be one dwelling unit per three acres. No public sewers shall be provided
for residential development.
(2)
Residential dwellings must be clustered to preserve
at least 30% of the parcel that is being developed as permanent open
space. An area of at least 300 feet wide traversing along the parcel’s
Rancocas Creek frontage shall be preserved as open space. Public access
shall be provided to the open space.
[1]
Editor’s Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
E.
Other regulations. All other regulations of this chapter
shall be applied accordingly.
B.
Permitted accessory uses and/or structures. Only the
following accessory uses and/or structures on the same lot with and
customarily incidental to the foregoing permitted uses:
[Amended 12-18-2006 by Ord. No. 2006-26]
C.
Area and bulk regulations. The area and bulk regulations
for this District shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[1]
(1)
The gross density for single-family dwellings shall
be one dwelling unit per five acres. No public sewers shall be provided
for residential development.
(2)
Residential dwellings must be clustered to preserve
at least 50% of the parcel that is being developed as permanent open
space. An area at least 300 feet wide traversing along the parcel’s
Rancocas Creek and/or Delaware River frontage shall be preserved as
open space. Public access shall be provided to the open space.
[1]
Editor’s Note: The Schedule of Area and Bulk Requirements is included as an attachment to this chapter.
D.
Other regulations. All other regulations of this chapter
shall be applied accordingly.
A.
Goals and objectives. Delanco Township possesses significant
underutilized or vacant waterfront land along the Delaware River.
In order to promote appropriate development and redevelopment of lands
along the waterfront, a Waterfront Development District is hereby
created to provide a mix of residential and marine-related uses to
enhance the waterfront, to provide public access to the waterfront
and to provide the opportunity for low- and moderate-income housing
under New Jersey's Fair Housing Act.
[Amended 5-1-2017 by Ord.
No. 2017-7]
B.
Minimum requirements for development under WFD/AH
regulations. In order for land to be developed under the WFD/AH regulations
of this article, it must meet the following conditions:
(1)
Comprise an area of not less than 20 contiguous gross
acres. Where the land is less than 20 acres, the underlying zoning
applies.
(2)
Have a minimum of 400 feet of frontage on the Delaware
River.
(3)
Have a minimum of 150 feet of frontage on and have
direct access to or be located on a Township local collector road
as classified by the Delanco Master Plan or a county road.
C.
Permitted uses. In all WFD/AH Districts, the following
uses of lands are permitted:
(1)
Single-family residential use, including, as defined
below:
(a)
SINGLE-FAMILY DETACHED — A single-family
residence which is situated on an individual lot with private yards
on all four sides of the house.
(b)
SINGLE-FAMILY DETACHED, ZERO LOT LINE:
(c)
SINGLE-FAMILY DETACHED, PATIO HOUSE —
A single-family detached unit, with one dwelling unit from ground
to roof, having individual outside access. The lot shall be fully
enclosed by a wall of four feet to six feet in height. All living
spaces, i.e., living rooms, den and bedrooms, shall be open into a
major open area or patio.
(d)
SINGLE-FAMILY DETACHED, ATRIUM HOUSE —
A single-family, semidetached, one-story dwelling unit with individual
outside access. The lot shall be fully enclosed by a wall at least
seven feet high. A private yard, herein called an “atrium,”
shall be included on each lot. All living spaces, i.e., living rooms,
dens and bedrooms, shall open into the atrium. No more than three
such units shall be attached.
[Amended 6-11-2012 by Ord. No. 2012-6]
(2)
Multifamily residential use, including:
(a)
Duplex and fourplex dwellings:
[1]
DUPLEX — A duplex is a semidetached dwelling
unit having only one dwelling unit from ground to roof and only one
wall in common with another dwelling unit.
[2]
FOURPLEX — Four attached dwellings in
one structure in which each unit has two open space exposures and
shares one or two walls with adjoining unit or units.
(b)
TOWNHOUSE — An attached domicile with
one dwelling unit from ground to roof, having individual outside access.
Rows of attached townhouses shall contain no more than eight dwelling
units.
(c)
MULTIPLEX — An attached dwelling. Where
possible, all units should have independent outside access. Units
may be arranged in a variety of configurations: side-by-side, back-to-back
or vertically. The essential feature is the number of residential
units attached in one structure. No more than six units shall be attached
in one structure.
(d)
GARDEN FLATS — Multifamily buildings where
individual dwelling units may 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 flats shall
contain more than three and no more than 16 dwellings in a single
structure.
(e)
LOW-RISE MULTIFAMILY STRUCTURES — Structures
shall contain up to three habitable floors and one floor for parking
and nonhabitable use. A maximum of 60 units per structure. Low-rise
multifamily structures, if provided, opposed to other multifamily
residential uses, shall be oriented toward the water parameter of
the site.
D.
Residential accessory uses shall be permitted as follows:
E.
[1]Area, density and bulk regulations for residential uses.
The following area restrictions and regulations are hereby established
for the WFD/AH Districts:
(1)
Net residential density - number of units contemplated.
Net residential densities shall be as established by following the
bulk, area and design standards set forth below. However, no more
than 320 units shall be approved in a WFD/AH development on the lands
designated in this article.
(2)
Residential bulk and area requirements shall be as
follows:
(j)
Low-rise multifamily structures:
[2]
Maximum number of units: 120 dwelling units.
[3]
Maximum number of units per building: 60 dwelling
units.
[4]
Maximum number of buildings: three buildings.
(NOTE: Each low-rise apartment building must be so designed that the
entire building is contained within an area that is 250 feet on each
side. The total area of the two-hundred-fifty-foot square would be
equal to 62,500 square feet. Where there is more than one such low-rise
apartment building within the total site plan, then each sixty-two-thousand-five-hundred-
square-foot area which determines the maximum dimension of each individual
building shall be separated from any other such square by distance
of at least 50 feet. The maximum land coverage of any low-rise apartment
structure within any two-hundred-fifty-foot square shall not exceed
55% of the total area of said square.)
[5]
Maximum average unit size: 1,300 square feet.
[6]
Building spacing/setbacks: see BOCA Code.
F.
Height and parking requirements. Height and parking
requirements shall be as follows:
|
Unit Type
|
Maximum Height
(feet; stories)
|
Parking
(spaces/unit)
| |
|---|---|---|---|
|
Single-family detached dwellings
|
35; 2 1/2
|
2.0
| |
|
Two - and four-family units
|
35; 2 1/2
|
2.0
| |
|
Townhouse units
|
35; 31
|
2
| |
|
Garden flats
|
40; 3
|
2
| |
|
Low-rise multifamily structures
|
46; 43
|
2
|
|
NOTES:
1. No more than 2
1/2 stories shall be habitable.
2. Parking requirements
for townhouses, garden condominium flats and low-rise multifamily
structures shall be as follows:
|
|
Number of Bedrooms per Dwelling Unit
|
Number of Parking Spaces
| |
|---|---|---|
|
0
|
1.25
| |
|
1
|
1.5
| |
|
2
|
2.0
| |
|
3
|
2.5
|
|
3. No more than three
stories shall be habitable.
|
G.
Area and bulk regulations for marina and marine-related
uses.
(1)
Separate lot or lots for the marina area. The developer
may elect to create a separate lot or lots which shall be devoted
exclusively for all uses in the marina area. However, for the purpose
of all site plan review procedures, determination of residential density
and coverage requirements, as set forth in this chapter, the entire
parcel, including the marina area, shall be considered a single entity.
The marina and marine-related facilities shall be shown in concept
form at the time of preliminary review of the residential development
contemplated herein and need not be simultaneously approved.
(2)
Minimum bulk requirements shall be as follows:
(a)
Lot size: 10,000 square feet.
(b)
Building setback line from residential use:
35 feet.
(c)
Lot width: 75 feet.
(d)
Rear yard: 25 feet.
(e)
Each side yard: eight feet.
(f)
Rear yard requirement of 25 feet shall not restrict
fishing piers, boat docks and boat launches, provided that said rear
yard is contiguous to a waterway.
(3)
Maximum bulk regulations. Maximum building height
shall be 35 feet, 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.
(4)
Maximum lot coverage shall be 70%.
(5)
Additional regulations.
(a)
Parking beneath buildings or structures is permitted.
(b)
Reverse parking for commercial businesses is
encouraged.
(c)
Off-street parking or loading shall not be permitted
within the first 15 feet of any front yard.
(d)
Buffer areas shall be provided between all marina
land uses in the WFD/AH 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.
H.
In any WFD/AH Zone, the developer of multifamily housing
shall make a contribution to meeting Delanco’s current Mt. Laurel
Housing obligation as may be determined from time to time by the Council
on Affordable Housing.
I.
To comply with the substantive rules and regulations
of COAH, the requirements for multifamily attached housing in the
WFD/AH districts shall reflect the requirements established by COAH
as set forth below:
(1)
Bedroom distribution. Developers shall devise and
provide for, within their development, a method which establishes
the following distribution of the number of bedrooms contained within
an inclusionary development.
(2)
Range of affordability for purchased housing.
(a)
Developers must provide housing within the average
price of low- and moderate-income units within an inclusionary development
which will be, as best as practicable, affordable to households at
57.5% of median income as contained in N.J.A.C. 5:92-12.4.
(b)
In devising a range of affordability for purchased
housing, as required in Subsection B(2)(a) above, developers shall
provide, as best as practicable, for the following distribution of
prices for every 20 low- and moderate-income units:
|
Price Stratification
| |||
|---|---|---|---|
|
Income Unit
|
Number of Units
|
Distribution of Price
(percent)
| |
|
Low
|
1
|
40 to 42.5
| |
|
3
|
42.6 to 47.5
| ||
|
6
|
47.6 to 50
| ||
|
Moderate
|
1
|
50.1 to 57.5
| |
|
1
|
57.6 to 64.5
| ||
|
1
|
64.6 to 68.5
| ||
|
1
|
68.6 to 72.5
| ||
|
2
|
72.6 to 77.5
| ||
|
4
|
77.6 to 80
| ||
(c)
For initial occupants, priority shall be given
to households within a particular income category with flexibility
based on New Jersey Housing and Mortgage Finance Agency affordability
controls criteria.
(3)
Affirmative marketing within inclusionary developments.
(a)
Occupancy preference. For all low- and moderate-income
housing units provided in inclusionary developments, developers and/or
sponsors shall establish occupancy such that, initially, 50% of the
units are made available to income-eligible households that reside
in the Township or work in the Township and reside elsewhere.
(b)
Affirmative marketing program. Developers shall
have primary responsibility for developing and implementing an affirmative
marketing program that addresses the occupancy preference requirements
in N.J.A.C. 5:92-15.1 et seq. along with provision of addressing provision
of housing for occupancy by handicapped persons. Developers and/or
sponsors of low- and moderate-income housing are required to market,
screen, offer occupancy and select income-eligible households accordingly.
(4)
Schedule of completion for inclusionary housing. Within
inclusionary developments, low- and moderate-income housing units
shall be built in accordance with the following schedule:
|
Minimum Percentage of Low and Moderate
Income Units Completed
|
Percentage of Market Housing Units Completed
| |
|---|---|---|
|
0
|
25
| |
|
10
|
25 plus 1 unit
| |
|
50
|
50
| |
|
75
|
75
| |
|
100
|
90
|
(5)
Affordability controls.
(a)
Units which shall be offered for sale shall
be sold at maximum price of 80% of the median-income families and
50% of the median income of the region for low-income families, each
figure to be multiplied by 2.5.
(b)
Moderate-income families are those whose incomes
are no greater than 80% and no less than 50% of the median income
of the area, with adjustments for smaller and larger families. “Area”
is defined as the Standard Metropolitan Statistical Area by the regional
office of the Office of the United States Census Bureau. The income
level, identity and family size of the occupants must be submitted
by the developer or owner, prior to occupancy, and be recertified
every year by the owner of the unit.
(c)
A certificate of occupancy shall be required
for all low- and moderate-income housing units. The certificate of
occupancy shall not be issued by the Construction Official until he
or she receives a written statement which confirms that the occupants
of the unit meet the income requirements and affordability controls
of this section. The developer is responsible for proving to the municipality
the identification of each low- or moderate-income unit and the occupant
of said units. A new certificate of occupancy will be required upon
each change of occupancy.
(d)
Units sold must be owner-occupied by qualifying
an owner as set forth above. If said qualifying owner seeks to let
or rent the premises, the unit shall be subject to the income requirement
and affordability controls for rental units as set forth above.
(e)
All such units shall be deed-restricted to occupancy
by qualifying low- or moderate-income persons, and said deed restrictions
shall survive passage of title and conveyance, whether by sale, gift,
inheritance, equitable distribution in a divorce proceeding, foreclosure,
etc., and shall apply to the resale or reletting of the premises for
a period of 20 years.
(f)
If a designated low- and moderate-income housing unit is offered for resale, the maximum price shall not exceed the limits set forth above in Subsection B(2).
(g)
At least half of the low- and moderate-income
housing units built must be affordable by moderate income households,
with the remainder being affordable by low-income households.
(7)
Design requirements.
(a)
The facade and type of unit of the low- and
moderate-income units shall in no way be distinguishable from the
facades of the other units in the development.
(b)
Except for units which are age-restricted, the
low- and moderate-income units shall be dispersed throughout the project
to the greatest extent feasible; however, units need not be located
in each housing type. Thus, for example, there may be no such units
in low-rise multifamily structures and all non-age-restricted units
dispersed in townhouse or garden flats.
J.
Type of contribution.
(1)
Amount of Mt. Laurel contribution. A contribution in the form of either on-site Mt. Laurel housing units or contribution to a Delanco housing trust fund shall be required. The total number of Mt. Laurel dwellings, either built on site or in the form of economic contributions, shall be equal to 16% of the gross number of residential units in the development to be constructed on-site as set forth in Subsection C(2) below.
(2)
On-site and off-site Mt. Laurel requirements. Eleven
percent of the total number of residential units to be constructed
in the residential portion of the development, but no more than 34
units, shall be Mt. Laurel housing units provided on site in accordance
with current COAH requirements as to size, distribution and affordability
of such Mt. Laurel units. The developer shall provide for the maximum
number of these units as age-restricted for senior citizens as is
permitted by COAH regulations. The developer shall also make a cash
contribution to a local housing trust fund for rehabilitation of housing
in Delanco which meets COAH requirements. Such cash contribution shall
be $10,000 per unit payable on a pro rata basis as certificates of
occupancy are given for on-site conventional units. The total number
of units shall be 5% of the total number of residential units to be
constructed on the residential portion of the development, but no
more than 13 units. Thus, for example, assuming 320 residential units
may be built, 34 on-site affordable units shall be built (note 11%
would be 35 but the ceiling is 34) and a one-hundred-thirty-thousand-dollar
($10,000 times 13 units; note 5% would be 16, but the ceiling is 13)
cash contribution made for off-site rehabilitation of Mt. Laurel qualified
housing. There would be 286 conventional units built on-site.
(3)
Management of rehabilitation. Rehabilitation of units
shall be managed and undertaken by the Burlington County Office of
Community Development or, if not available, then the Township Administrator.
K.
Design guidelines for residential use in the WFD/AH
District.
(1)
All residential buildings shall 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.
(2)
No more than five freestanding dwelling units should
be placed in a row with the same building setback from a straight
street line.
(3)
Each detached dwelling unit and multiple dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the development.
(4)
Multifamily dwelling units, where possible, should
be grouped in clusters. Private parking areas should be located near
dwelling unit entrances or may be provided underneath the building.
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 walls 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.
(5)
Where private garages are provided, constructed either
as part of a dwelling unit or on individual lots, the following guidelines
shall be followed:
(a)
All garages shall conform architecturally to,
and be of similar materials as, the principal building.
(b)
Except for single-family detached units (excepting
zero lot line, patio and atrium housing types), garages need not set
back from one side line of an individual lot and may be attached to
a garage on an adjacent individual lot.
(c)
No garage which is not attached to or part of
a dwelling unit on the same individual lot should be closer than 12
feet to said dwelling unit.
(d)
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.
(e)
Alleyways with rear-loaded garages shall be
permitted. Alleyways may be in a twenty-foot easement, with 16 feet
of pavement, no curbs and limited to one-way traffic.
(f)
Private garages may be counted as equal to 1/2
off-street parking space.
L.
Waterfront public access guidelines in the WFD/AH
District. All non-water dependent land use as defined by the Rules
on Coastal Resources and Development shall be set back from the Delaware
River as may be required by NJDEP. Additionally, the following guidelines
are established:
(1)
Waterfront residential areas:
(a)
Provide substantial improved shoreline accessory
parks adjacent to the waterfront to serve the general public and project
residents.
(b)
Provide unobtrusive paths that respect the residents’
privacy to or along the shoreline, to encourage passive public use
where appropriate as part of individual residences.
(c)
Develop 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 generally
provide continuous access along the shoreline with connection to other
public areas or streets.
M.
[3]Open space design standards in the WFD/AH District.
(1)
Open space requirements: No less than 40% of the upland
area on the residential portion of the development shall be pervious
surface. This shall not include parking areas with a pervious surface,
if such surfaces are approved by the appropriate Board. “Upland
area,” for the purposes of this calculation, shall include all
lands within the boundary of the development as surveyed by a licensed
New Jersey surveyor excluding lands devoted to a marina or marine-related
uses, surface water and/or wetlands (exclusive of wetland buffers).
(a)
Open space areas resulting from development
in the WFD/AH District shall weave between structures and periodically
widening out into significant and usable recreation areas.
(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
pool, tennis courts, bicycle paths and playfields but should be carefully
located to avoid problems of noise, lights and similar nuisance elements
affecting residential units.
(d)
The designated open space 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.
(2)
Off-site active recreation contribution. A financial
contribution of $500 per non-low- or moderate-income unit shall be
payable on receipt of each certificate of occupancy. This figure shall
be reduced on a pro rata basis by the cost of on-site active recreation
facilities excluding the marina, marine-related facilities, clubhouse
and pool. The cost shall be determined by the Township Engineer, calculated
by the normal calculation done when assessing the cost of a similar
improvement if to be built off site and if bonding were required.
In no event shall the per-unit contribution be less than $300, regardless
of the cost of on-site active recreation facilities.
[3]
Editor's Note: Former Subsection M, Design guidelines for marina areas in the WFD/AH District, and Subsection N, Marina design standards in the WFD/AH District, were repealed 5-2-2011 by Ord. No. 2011-16, which ordinance also redesignated former Subsections O through R as Subsections L through O, respectively.
N.
Fences in the WFD/AH District. Fences in the WFD/AH
Districts shall be in accordance with the following:
(1)
All fences shall be maintained at a minimum thirty-five-percent
transparency, except fences specifically intended for screening.
(2)
Fences shall not exceed four feet in height unless
utilized for security or screening purposes, in which case said fence
may not exceed seven feet in height. No fences shall be constructed
within the front yard setback.
O.
Signs in the WFD/AH District. Signs in the WFD/AH
Districts shall be in accordance with the following requirements:
(1)
No sign shall be placed or maintained within the WFD/AH
Districts except as herein provided. Traffic and other regulatory
signs, legal notices and the like shall be placed without review and
permit.
(2)
Types of signs prohibited. The following types of
signs are specifically prohibited:
(a)
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.
(b)
Signs attached to the vertical face of the building
which extend above the juncture of the facade and roof of the building.
(c)
Signs attached to any portion of the roof.
(d)
Signs employing flashing, rotating or blinking
lights.
(e)
Revolving signs or beacons, streamers, pennants
and/or whirling devices.
(f)
Portable signs of any type.
(g)
The overall length of a sign attached to or
painted on the wall of a building, but in no case shall the overall
length of said sign exceed 10 feet. The overall height of a sign attached
to or painted on the wall of a building shall not exceed 20% of the
height of the wall of said building, but in no case shall the overall
height of said sign exceed 10 feet.
(3)
Informational and regulatory signs. The following
types of signs displayed for the direction, safety, convenience or
information of the public are permitted:
(a)
Utility signs not over four square feet in area
identifying parking area entrances and exits, off-street loading areas
and the like.
(b)
Memorial plaques, cornerstones, historical markers
and the like.
(c)
Nameplates or address signs not to exceed two
square feet.
(d)
Temporary announcement signs, including contractors,
signs on construction site not to exceed 32 square feet in area indicating
the names of persons associated with or events conducted upon the
premises.
(e)
Sale or rent signs. Sign(s) 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 or 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.
A.
Purpose. The purpose of the PRD District is to provide
for a variety of residential and special needs housing in a cluster
format and appropriate commercial, public and quasi-public uses for
the benefit of the residential development in an effort to accommodate
the provision of affordable housing in accordance with the Fair Housing
Act, N.J.S.A. 52:27D-301 et seq., and the mandates of the Supreme
Court in Southern Burlington County NAACP v. Mount Laurel, 67 N.J.
151 (1975) (“Mount Laurel I”) and Southern Burlington
County NAACP v. Mount Laurel, 92 N.J. 158 (1983) (“Mount Laurel
II”). The standards set forth herein were negotiated and approved
by the New Jersey Council on Affordable Housing (COAH) as a result
of mediation pursuant to N.J.A.C. 5:91:7 et seq.
B.
Permitted uses. The following uses are permitted:
(1)
A maximum of 250 age-restricted single-family market
rate homes that may include single-family detached housing and twins
(two homes per structure). All single-family homes shall be encumbered
by marketing and deed restrictions which shall indicate that no unit
may be occupied by more than three persons, one of whom must meet
the minimum age restriction for “housing for older persons”
in the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.
(FFHA) and none of whom may be younger than 18 years of age. Said
deed restriction shall be subject to the advanced review and approval
of the Township Solicitor and the New Jersey Department of Community
Affairs (DCA), run with the land and be binding in perpetuity and
be filed on record prior to the sale of the first unit in the development.
(2)
In the alternative, one of the following two uses
may be provided within the PRD/AH:
[Amended 9-9-2013 by Ord. No. 2013-9]
(a)
Commercial use designed for the convenience of the residents which
may incorporate such uses as professional offices and neighborhood
retail services such as mail services, banking, medical necessities,
sundries, groceries and prepared foods or drinks. In no event shall
the retail space within the PRD Zone exceed 7,500 square feet nor
all commercial development exceed 15,000 square feet.
(b)
Age-restricted single-family cottage community, subject to the occupancy restrictions described in Subsection B(1) above. This housing must take the form of single-family detached housing on individual lots which shall conform to the bulk standards for cottage lots. This form of development is limited to a maximum of 14 homes.
(4)
In the alternative, one of the following two uses
may be provided within the PRD/AH:
[Amended 9-8-2003 by Ord. No. 2003-13]
(a)
Service-based seniors housing buildings, including
but not limited to assisted living residences and continuing care
communities as defined by the New Jersey Department of Health, congregate
care with common facilities and medically related services provided
as part of the residential service, or independent living with common
services through home care style contractual arrangements. Such facilities
shall provide multifamily living arrangements that incorporate a full
living unit, including separate kitchen or cooking area and bathroom
facilities within each unit and common areas and elements for the
enjoyment for the entire community designed to service the needs of
the elderly as defined by applicable federal law and regulation. Such
facilities may provide housing for people with physical disabilities
and/or services for people with Alzheimer disease or similar forms
of dementia. Such facilities shall provide their own emergency services
or make satisfactory arrangements for such services with the Township
and Emergency Squad.
(b)
Age-restricted single-family semidetached community, subject to the occupancy restrictions described in Subsection B(1) above. This housing may take the form of townhomes or back-to-back townhomes, each providing a one-household dwelling in which each home has its own front access, no home is located above another home and each home is separated from any other home by one or more vertical common walls. This form of development is limited to a maximum of 55 homes.
[Amended 6-11-2012 by Ord. No. 2012-6]
(5)
Agricultural operations and farms on parcels in excess
of 10 acres.
(6)
Community buildings and clubhouses.
C.
Accessory uses. The following accessory uses are permitted:
(1)
Sheds, decks, patios and fences located in a manner that is consistent with a plan approved by the Joint Land Use Board at the time the development receives its development approvals. Only the homeowners' association shall have standing to apply for amendments to the typical design and location of such structures. Sheds, patios and decks shall be located no closer than five feet from the rear and side yard property lines. Patios and decks shall be attached to the principal structure. Fences shall be constructed pursuant to § 110-13. The site was built by the developer with each home or unit built allotted a total of 330 square feet of additional impervious coverage set as of the date of the original construction, which figure is exclusive of the residential structure. When the property that is the subject of the permit or application for an accessory use under this section is subject to the covenants and restrictions of a homeowners' association, a written approval from the association permitting those improvements must be obtained from the association before a zoning permit is issued by the Township. No permit shall be issued hereunder if it is determined that the improvement will negatively impact drainage or existing stormwater flows. The Zoning Officer shall consult with the Township Engineer in making such determination.
[Amended 5-1-2023 by Ord. No. 2023-5]
(2)
Utilities and related public services such as transformers,
pumping stations, meters, etc., necessary for the proper distribution
and monitoring of these services.
(3)
Sales and construction offices and storage of materials
and equipment associated with and necessitated by the development
of the tract for the uses approved by the Joint Land Use Board in
conformance with any phasing requirements set forth by the Board.
D.
Tract requirements. The following tract requirements
shall apply:
(1)
Minimum tract size: 89 acres.
(2)
There shall be a fifty-foot buffer area along any
county road. The buffer area shall incorporate a continuous year-round
screen, 10 feet in height. This screen may be accomplished through
the use of berms and vegetation. If provided, berms shall be naturalistic
in form and not contain straight sections in excess of 20 feet in
length. The screen shall be 75% to a height of six feet and 50% between
six feet and 10 feet. Vegetation shall be selected to provide a variety
of materials and year-round interest. This buffer may only be traversed
by curb cuts and roads providing access to the development. No parking
or structures are permitted in this area. Pedestrianways or sidewalks
may be provided in this area so long as they do not interfere with
the provision of appropriate screening of residential uses from the
road.
(3)
Setbacks from the Rancocas Creek, if applicable, shall be as listed below and shall be measured from the mean high-water line. Land within these setbacks shall be owned and managed as discussed in Subsection D(3).
(4)
Open space requirements.
(a)
No less than 30% of the tract area shall remain
as open space or recreational lands. Small parks with amenities such
as sitting areas, walkways, picnic facilities, bocce courts, etc.,
shall count as open or recreational lands.
(b)
Provision for long-term maintenance of all open
lands and recreational uses must be provided in a manner satisfactory
to the Joint Land Use Board. This shall be accomplished through dedication
of lands to a homeowners' association unless the Township consents
to an alternative means of long-term maintenance such as dedication
of lands to the Township or other governmental agency if such governmental
agency is willing to accept such dedication or dedication to a nonprofit
or for profit organization experienced in the management of open areas
for public purposes.
(c)
Open lands within the setbacks created along
the Rancocas Creek, if applicable, must provide for adequate public
access (limited to pedestrian and similar activities) to the creek
and along the creek through the length of the parcel through trails
and sidewalks.
(d)
Active recreational amenities and opportunities
provided within the two-hundred-fifty-unit residential community known
as Traditions at Newton’s Landing, including but not limited
to the clubhouse, pool, tennis courts, bocce court, horse shoe court,
community garden and farmhouse, are not required to be made available
to nonresidents of the two-hundred-fifty-unit Traditions at Newton’s
Landing community for a fee or otherwise and may be restricted to
the use by residents of Traditions at Newton’s Landing and their
guests only.
[Amended 5-2-2005 by Ord. No. 2005-10]
(f)
Separation between permitted uses.
[1]
There shall be a twenty-five-foot landscaped
buffer provided on any commercial/retail property separating it from
any residential lot line.
[2]
No service-based senior housing structure or
parking area shall be within 100 feet of any single-family detached
age-restricted housing units or 100 feet of any retail or professional
office building or parking area.
[3]
No new community building or the parking for
the community building may be within 100 feet of any single-family
detached age-restricted housing unit.
(5)
The maximum building coverage for the entire tract
shall be 15%.
(6)
The maximum impervious coverage for the entire tract
shall be 30%.
(7)
Landscape design standards set forth in this chapter.
(8)
No merchandise, products, waste, equipment or similar
materials or objects shall be displayed or stored outside.
E.
Bulk requirements.
(1)
Detached single-family age-restricted homes.
(a)
Minimum lot size: 5,000 square feet.
(b)
Minimum lot width at building setback: 50 feet.
(c)
Minimum lot depth: 100 feet.
(e)
Rear yard setback: 25 feet.
(f)
Side yard setback: five feet.
(g)
Side yard setback aggregate on lot: 15 feet.
(h)
Minimum building to building distance: 10 feet.
(i)
Maximum height: two stories or 35 feet.
(1.1)
Age-restricted semidetached single family.
[Added 9-8-2003 by Ord. No. 2003-13;
amended 6-11-2012 by Ord. No. 2012-6]
(a)
Minimum building to building distances:
[1]
Side of building to side of building: 20 feet.
[2]
Rear of building when not attached to rear or side of building: 40
feet.
[3]
All building fronts will be separated by roadways and parking courts
from other building fronts.
[4]
All porches shall be set back from the front curbline at least 17
feet. All garages shall be set back from the front curbline at least
24.5 feet.
(d)
Required parking facilities. All homes will include at least one
parking space within a garage and will provide a driveway at least
20 feet in length as measured from the face of the garage door to
the edge of any sidewalk.
(e)
Wherever age-restricted semidetached single-family homes abut a property
line that serves as a residential lot line within the PRD/AH community,
the setback from such line shall be 25 feet, which is equal to the
rear yard setback requirement of the adjoining lot. There shall be
at least three evergreen plantings along said lot lines.
(f)
All buildings shall have pitched roofs and porches.
(g)
The maximum building height shall be two stories or 35 feet.
(1.2)
Age-restricted single-family cottage.
[Added 9-9-2013 by Ord. No. 2013-9]
(a)
Minimum lot size: 4,500 square feet, of which a minimum of 3,200
square feet must not be subject to any drainage easement.
(b)
Minimum lot width at the minimum building setback for face of
garage: 45 feet.
(c)
Minimum lot width at street right-of-way: 20 feet.
(d)
Minimum lot depth measured through the midpoint of the front
and rear facades of the building: 80 feet.
(f)
Rear yard setback: 25 feet. Note that there is no restriction
against the rear yard being subject to any drainage and/or landscaping
easements.
(g)
Side yard setback: a minimum of five feet on any one side, and
a total of 10 feet aggregating the side yards on both sides of the
same lot. Where a cottage lot abuts the fifty-foot buffer area along
Creek Road, the side yard setback adjacent to the buffer may be reduced
to three feet.
(h)
Minimum building-to-building distance: 10 feet.
(i)
Minimum private deck/porch area: 150 square feet, of which any
portion to be included in the total area must be able to accommodate
a circle six feet in diameter and include at least 50 square feet.
(j)
Maximum height: two stories and 30 feet, provided that the finished, habitable area of the second floor is not larger than 60% of the first floor habitable area. In addition, the facades of any cottage dwelling which face either a single-family lot designed pursuant to Subsection E(1) above or a public right-of-way other than a residential access street providing access to the cottage home shall be limited to a vertical wall face height of one story and 14 feet to the eave line from the finished floor elevation. Penetrations of the roof plane by dormers, gables or other architectural treatments are limited to a maximum of 50% of both the aggregate surface area of the roof and 50% of the length of the roof segment. No half story, habitable attic, loft or other finished space is permitted above the second story.
(k)
Required parking facilities: All homes will include at least
one parking space within a garage and will provide a driveway at least
19 feet in length.
(l)
Reverse frontage buffer: All reverse frontage lots shall be
provided with a naturalized buffer planting within the rear of the
property to provide filtered views between the roadway and the units.
At a minimum, the following shall be provided, in naturalized masses:
(2)
(3)
Service-based seniors housing.
(a)
No building shall exceed three stories or 45
feet in height.
(b)
If subdivided as a separate lot:
[1]
The maximum building coverage shall not exceed
25%.
[2]
The maximum impervious coverage shall not exceed
50%.
[3]
No buildings shall be located within 75 feet
of the proposed property line.
[4]
No parking areas shall be located within 50
feet of the proposed property line.
[5]
No internal streets shall be located within
25 feet of the property line except those streets directly connecting
to higher order streets.
(4)
Retail and professional office uses.
(a)
No building shall exceed two stories and 35
feet in height.
(b)
If subdivided as a separate lot:
[1]
The maximum area of the lot shall be two acres.
[2]
The maximum building coverage of the lot shall
be 25%.
[3]
The maximum impervious coverage, including all
structures and parking and circulation elements, shall not exceed
50%.
[4]
No buildings shall be located within 25 feet
of the proposed property line, and no parking areas shall be located
within 20 feet of the proposed property line.
(5)
Community buildings.
(a)
No building shall exceed two stories or 35 feet
in height except for existing structures which may retain their existing
height after rehabilitation or reconstruction.
(b)
If subdivided as a separate lot:
[1]
The maximum area of the lot shall not exceed
6.2 acres.
[2]
The maximum building coverage on the lot shall
not exceed 25%.
[3]
The maximum impervious coverage, including all
structures and parking and circulation elements, shall not exceed
50%.
[4]
No building shall be within 25 feet of the proposed
property line, and no parking area shall be within 20 feet of the
proposed property line.
(6)
Inclusionary housing implementation.
(a)
The developer is responsible for creating sufficient
low- and moderate-income housing so that the Township receives credit
for a minimum of 45 low- and moderate-income housing units from COAH.
The developer is also responsible for addressing the Township's rental
obligation. None of the low- and moderate-income housing units created
by the developer may be age restricted unless both the Township and
COAH consent to age-restricted units. It shall be a condition of preliminary
approval that the developer receive the Township's and COAH's approval
of a plan that addresses a minimum of 45 units of credit and the Township's
rental obligation.
(b)
In preparing the plan, the developer may choose
to construct the housing on or off site. The developer may address
the 45 units with rooms in a facility providing medical assistance.
The developer may also address the obligation through substantial
rehabilitation or new construction on scattered lots throughout the
Township, subject to the governing body's approval of each development;
sales or rental housing and/or a regional contribution agreement.
If the developer produces rental housing that qualifies for COAH's
rental bonus, the rental bonus may be added to the actual number of
low- and moderate-income units produced to determine if the developer
has addressed the required 45 units of credit. Thus, for purposes
of illustration, the developer may address the obligation with 45
sales units or 31 sales units and seven rentals that qualify for a
one to one bonus.
(c)
Requirements for uses provided under § 110-33B(2).
[Amended 9-9-2013 by Ord. No. 2013-9]
[1]
The developer may file a development application for the retail and professional office section of the development authorized under § 110-33B(2)(a) and receive approval for this nonresidential section without submitting a plan for addressing the 45 units of credit to the Township or COAH. The developer shall pay a six-percent fee on the equalized assessed value of the proposed retail and professional office uses. Half of the fee shall be paid prior to receiving a building permit, and the remaining fee shall be paid prior to receiving certificates of occupancy. This fee shall be paid pursuant to the agreement developed pursuant to COAH's mediation process and the Township's Development Fee Ordinance.[3] There shall be no development fee on any other development
within the PRD Zone.
[2]
Should the developer seek to develop the single-family homes authorized by § 110-33B(2)(b), the developer shall produce, within the Township but off site, an additional three off-site affordable rental housing units, with two being affordable to families of low income and one being affordable to families of moderate income. None of the affordable units may be age-restricted. A plan for the development of the units and provisions for phasing and default consistent with the following requirements, to be implemented in a developers agreement between the developer and the Township, shall be a requirement of subdivision approval.
[a]
The Township will provide a list of preapproved
sites for the location of these "in-fill" sites or market-to-affordable
units. The developer may request this list at any time, and the Township
shall have 45 days to produce the list. The list shall contain at
least three sites and may be prioritized in order of preference by
the Township. The developer may also submit a site for consideration
by the Township for approval. The developer shall use its best efforts
to acquire a suitable site from the list for the production of the
affordable units.
[b]
These units shall be produced within the following
timeline: Within 120 days of the issuance of the last market-rate
certificate of occupancy on the primary development, the developer
shall provide a copy of a deed evincing closure on the property or
properties necessary to produce the three affordable units. At least
120 days before a certificate of occupancy is issued for the affordable
units, the developer shall provide an executed contract with HAS as
administrative agent or with an entity acceptable to the Township.
The actual affordable units must be produced, as evinced by a final
certificate of occupancy, within one year of the issuance of the last
market-rate certificate of occupancy on the primary development.
[c]
As units are sold in the primary development, the
developer shall place at least $11,000 per unit up to a maximum of
$150,000 into a separate escrow account or trust fund. This fund is
intended to be used to implement the development of the required units,
including acquisition, rehabilitation and construction. In the event
that the developer does not identify and close on a property within
the milestone requirements set forth in the developers agreement,
the Township may immediately require the developer to release the
$150,000 to the Township, which funds shall be placed in the Township's
Affordable Housing Trust Fund.
(d)
All low- and moderate-income units created shall comply with
all COAH's rules (at N.J.A.C. 5:97 et seq. as well as with the Uniform
Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq. unless
otherwise exempted by COAH's rules) as outlined in the Township's
Fair Share Plan[4] unless the Township and COAH agree to a waiver or variance.
If off-site units are produced through a market-to-affordable program
per N.J.A.C. 5:97-6.9, there is an exemption from the bedroom distribution
requirements of the Township ordinance or UHAC. If the off-site affordable
units are new construction "in-fill" units, all Township ordinance
and UHAC requirements shall be addressed.
[Amended 9-9-2013 by Ord. No. 2013-9]
(e)
Unless modified by COAH, the developer shall
comply with the following phasing plan:
[1]
The developer may receive building permits for
63 housing units prior to completing any low- and moderate-income
units. The 63 units may be single-family detached age-restricted units,
medically related residential rooms, assisted living units or any
combination of the above.
[2]
Prior to receiving a building permit for the
64th residential unit, the developer shall implement the COAH-approved
plan for at least five units of low- and moderate-income credit.
[3]
Prior to receiving a building permit for the
125th residential unit, the developer shall implement the COAH-approved
plan for at least 23 units of low- and moderate-income credit.
[4]
Prior to receiving a building permit for the
225th residential unit, the developer shall implement the COAH-approved
plan for at least 45 units of low- and moderate-income credit.
(7)
Phasing. The developer shall be permitted to develop
in phases or sections, and phases or sections may be developed at
any time during the development process.
A.
Residential component — base zoning: The base
gross density for the residential component of the PRD/V area shall
be 2.75 dwelling units per acre, provided the following standards
are met:
(1)
At least 40% of the PRD/V area is preserved as permanent
open space along the Rancocas Creek, which is at least 400 feet wide
extending from the high-water line.
[Amended 9-21-2015 by Ord. No. 2015-10]
(2)
Public access should be provided to the waterfront
through the open space.
(3)
The net density for all developed areas should not
exceed 5.00 dwelling units per acre.
(4)
Single-family detached dwellings encumbered by marketing and deed
restrictions which shall indicate that no unit may be occupied by
more than three persons, one of whom must meet the minimum age restriction
for "housing for older persons" in the Federal Fair Housing Act, 42
U.S.C. § 3601 et seq. (FFHA), and none of whom may be younger
than 18 years of age. Said deed restriction shall be subject to the
advanced review and approval of the Township Solicitor and the New
Jersey Department of Community Affairs (DCA), run with the land and
be binding in perpetuity and be filed on record prior to the sale
of the first unit of the development.
[Amended 9-21-2015 by Ord. No. 2015-10]
B.
Accessory uses. The following accessory uses are permitted:
[Amended 6-11-2012 by Ord. No. 2012-6; 9-21-2015 by Ord. No. 2015-10]
(1)
Decks, patios, fences, and porches as approved by the Joint Land
Use Board as part of a major subdivision approval.
(2)
Utilities and related public services such as transformers, pumping
stations, meters, etc., necessary for the proper distribution and
monitoring of these services.
(3)
Sales and construction offices and storage of materials and equipment
associated with and necessitated by the development of the tract for
the uses approved by the Joint Land Use Board in conformance with
any phasing requirements/approvals required by the Board.
(5)
Decks
and patios which were not built as part of the original major subdivision
plan as approved by the Joint Land Use Board (Resolution No. 2016-06).
No patio or deck constructed under this section may exceed a total
square footage of 120 square feet per lot. Patios and decks shall
be located no closer than five feet from the rear and side yard property
lines and shall be attached to the principal structure. When the property
that is the subject of the permit or application for an accessory
use under this section is subject to the covenants and restrictions
of a homeowners' association, a written approval from the association
permitting those improvements must be obtained from the association
before a zoning permit is issued by the Township. No permit shall
be issued hereunder if it is determined that the improvement will
negatively impact drainage or existing stormwater flows. The Zoning
Officer shall consult with the Township Engineer in making such determination.
[Added 5-1-2023 by Ord. No. 2023-5]
D.
Open space component: Regardless of which residential
component is applied, there shall be an open space component consisting
of a buffer along the Rancocas Creek and a village green. The minimum
amount of open space shall be 30% of the gross tract area. The Rancocas
Creek buffer shall be 300 feet from the mean high-water line. The
village green shall be included in the open space calculation and
shall be at least 15,000 square feet and no more than 40,000 square
feet. The green shall be configured so that a circle with a radius
of 75 feet can be circumscribed within the confines of the green and
shall be bounded along at least three sides by streets. All dwellings
shall be situated within 750 feet of the village green or open space
buffer along the Rancocas Creek.
E.
Bulk requirements.
[Amended 9-21-2015 by Ord. No. 2015-10]
(1)
Detached single-family age-restricted dwelling units.
(a)
Minimum lot size: 5,000 square feet.
(b)
Minimum lot width at building setback: 50 feet.
(c)
Minimum lot depth: 100 feet.
(e)
Rear yard setback: 25 feet.
(f)
Side yard setback: five feet.
(g)
Total side yard setback: 10 feet.
(h)
Maximum height: Two stories and 30 feet, provided that the finished
habitable area of the second floor is not larger than 50% of the first
floor habitable area. The facade containing the front door shall be
limited to a vertical wall face height of one story and 14 feet to
the eave line from the finished floor elevation.
F.
Fenestration, as defined (pursuant to Ordinance No. 2005-12),[4] shall be between 30% and 70% for all building facades
(measured for each facade and story between three feet and nine feet
above the finished floor). Blank lengths of wall greater than 20 linear
feet are discouraged.
[Amended 6-11-2012 by Ord. No. 2012-6; 9-21-2015 by Ord. No. 2015-10]
G.
Porches, as defined are required and shall project a minimum of 12
inches and a maximum of eight feet from the adjacent building facade.
Porches shall contain columns of six inches or more in diameter, and
at least 50% of all porches shall provide railings. Porches shall
be a minimum of seven feet in depth and shall extend across a minimum
of 40% of the building facade containing the front entry door.[5]
[Amended 9-21-2015 by Ord. No. 2015-10]
[5]
Editor's Note: Former Subsection H, regarding net density,
Subsection I, regarding residential development, as amended, and Subsection
J, regarding commercial components, which immediately followed this
subsection, were repealed 9-21-2015 by Ord. No. 2015-10.
[Added 12-5-2005 by Ord. No. 2005-29]
A.
Purpose. It is the purpose of this district to provide
an overlay of existing zoning to add certain affordable housing requirements
and regulations in order to satisfy the Third Round obligations promulgated
by the Council on Affordable Housing.
B.
The Affordable Housing Overlay District shall consist
of Block 1802, Lot 2, zoned Residential-3 (R-3) and Block 2100, Lots
3, 3.01, 3.02, 6, 7, 8.01 and 8.02 zoned Planned Residential Development
- Village (PRD-V). These properties will continue to remain part of
those zones and development of those properties shall comport with
said zoning designations unless otherwise set forth below.
C.
Properties within this overlay zone shall provide
a set-aside of low- and moderate- income housing. The minimum set-aside
shall be 20% if the low- and moderate-income units are for sale and
15% if the low- and moderate-income units are for rent.
[Added 3-16-2009 by Ord. No. 2009-4]
A.
Purpose. This zone is intended to provide for a planned community
containing affordable housing opportunities for senior citizens as
well as commercial and place of worship opportunities. It is also
the purpose of this district to provide the opportunity for a compact
village associated with the house of worship centered around Holiday
Lake and the interior of the site that will serve to reduce impervious
coverage, reduce construction costs, increase opportunities for a
higher-quality project in terms of design, materials, amenities such
as landscaping, outdoor gathering spaces and walking paths and increase
pedestrianism.
B.
Zoning standards.
(1)
Permitted principal uses:
[Amended 7-13-2009 by Ord. No. 2009-8]
(a)
Place of worship;
(b)
Planned unit development containing a mix of the following:
[1]
Place of worship.
[2]
No more than 20 units of special needs housing.
[3]
No more than eight units of either age-restricted
two-family or age-restricted single-family attached housing.
[4]
No more than 143 age-restricted multifamily units.
[5]
All units shall be restricted for occupancy by
households that qualify as very low-, low- or moderate-income per
COAH's (New Jersey Council on Affordable Housing) rules at N.J.A.C.
5:97 et seq., except that no more than 17 units may be age-restricted
market rate rental units available for occupancy by Church Founding
Pastors, elders or critical campus staff. At least 90% of all units
shall meet the crediting requirements set forth by COAH at N.J.A.C.
5:97 et seq., most specifically its requirements regarding affirmative
marketing of units and bedroom distribution at N.J.A.C. 5:97 et seq.
[6]
Thirteen percent of all COAH-credit-eligible units
shall be restricted for occupancy by very-low-income households.
[7]
Principal permitted commercial uses.
[a]
Grocery stores and supermarkets.
[b]
Department stores.
[c]
Clothing and jewelry stores.
[d]
Garden centers and nurseries.
[e]
Home appliances and electronics stores and repair
shops.
[f]
Furniture stores.
[g]
Drugstores.
[h]
Stationery and bookstores.
[i]
Florists and flower shops.
[j]
Sporting goods stores.
[k]
Banks and fiduciary institutions.
[l]
Baked-goods stores.
[m]
Funeral homes and mortuaries.
[n]
Barber and beauty shops.
[o]
Dry-cleaning and tailor shops.
[p]
Laundromats.
[q]
Restaurants.
[r]
Professional offices of doctors, lawyers, accountants,
and similar professionals.
[s]
Offices of realtors, travel agents and other personal
and business service providers.
[t]
Planned shopping centers that contain a mix of
the foregoing uses.
[u]
Adult day-care centers.
[Added 5-2-2011 by Ord. No. 2011-17]
(2)
Permitted accessory uses:
(a)
Schools associated with a place of worship that is a principal
use on the site.
(b)
Community center and recreation facilities and amenities.
(c)
Gazebo or sun shelter.
(d)
Bus stop.
(e)
Bank or pharmacy drive-through.
(f)
Private garage.
(g)
Trash enclosure.
(h)
Fences and walls.
(i)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
At least 20,000 square feet of commercial space shall be provided
on the tract.
(4)
Maximum residential density: 4.25 units/gross acre.
(5)
There shall be a perimeter setback of 100 feet on the tract,
except commercial and mixed-use buildings along Route 130 may be set
back 75 feet.
(6)
Residential units, except those in mixed-use buildings along
Route 130, shall be set back at least 250 feet from Route 130.
(7)
Maximum building height shall be 54 feet, however, no building
over 40 feet shall be located less than 250 feet from the front property
line and not less than 150 feet to the rear property line.
(8)
Required open space: 30% of gross tract area. Applicant shall
indicate the ownership and maintenance entity of the open space. Applicant
may donate, sell or otherwise transfer the open space to the Township
or another public entity upon the approval of the Township. Applicant
shall otherwise retain ownership and may not transfer same to a homeowners'
association or another entity without the approval of the Township.
(9)
Required improved open space: 15% of gross tract area. A village
green or similar gathering area shall be provided consisting of 1%
of the overall acreage and is permitted to be included in the open
space calculation.
(10)
Maximum building coverage: 20% of gross tract area.
(11)
Maximum total lot coverage: 30% of gross tract area.
C.
Supplemental design standards.
(1)
The tract shall have a common architectural, streetscape, lighting
and landscaping scheme.
(2)
Commercial buildings should be at least two stories in height.
(3)
Terminal vistas to the Rancocas Creek and any village green
shall be provided.
(4)
There shall be a strong interrelation and pedestrian connection
between the commercial component and the residential component. Commercial
buildings shall be oriented toward the interior of the site and the
residential component and shall also be oriented toward Route 130
or Creek Road.
(5)
Traffic-calming techniques, including but not limited to pedestrian
bumpouts at corners, landscaped medians and islands, sidewalks on
both sides of public streets and driveways shall be required.
(6)
The residential component shall follow a compact, village format
to promote pedestrianism and increase efficiency. Opportunities for
outdoor gathering, including front porches, patios, etc., shall be
provided.
(7)
There shall be a strong pedestrian connection between the county
parkland, site open space, and/or the residential portion of the site,
including landscaped pedestrian paths connecting the site to the public
park that are a minimum of 20 feet wide with a four-foot to five-foot
walkway.
(8)
To the extent feasible, green building practices should be employed
to reduce the project's dependency upon natural resources. These practices
include, but are not limited to, the following:
(a)
Orient buildings to maximize solar gain in the winter and shade
in the summer; include vegetated wind breaks and sun screens;
(b)
Create shaded porches and patios for summertime gatherings.
(c)
Plant indigenous vegetation to minimize water, pesticide and
herbicide usage and to create foraging opportunities for local wildlife.
(d)
Install operable windows, awnings, shading devices and roof
vents to reduce reliance on HVAC units.
(e)
Maximize daylight in living spaces to reduce reliance on artificial
lighting.
(f)
Utilize renewable sources for electricity, heating and cooling.
(g)
Maximize building and window insulation and create anterooms
or foyers between the outdoors and living spaces to increase HVAC
efficiency.
(h)
Utilize recycled building and site materials and recycle construction
debris.
(i)
Create covered parking areas, or heavily shaded parking areas,
to reduce reliance on automotive air conditioning.
(j)
Utilize pervious pavement to increase water infiltration, and
locate parking areas in locations where it can be shared between uses.
(k)
Create opportunities for bicyclists and pedestrianism to reduce
reliance on automobiles, including shaded sidewalks, benches, bike
lanes and bike racks.
(9)
Parking shall be permitted in front of commercial buildings;
however, no more than 50% of proposed parking may be located in front
of the building.
(10)
Parking may be shared between the uses if it is demonstrated
that parking demand for the uses will not exceed the number of spaces
provided.
(11)
If a community center is proposed, a reasonable number of parking
spaces, particularly handicapped accessible spaces, should be located
adjacent to the building.
(12)
In order to effectuate the goals of the Route 130/River Route
Strategic Plan prepared by the county, the site's Route 130 frontage
should be heavily landscaped, and signage square-footage and height
should be kept to a minimum. Utility, service and parking areas shall
be screened from view of Route 130.
(13)
There shall be no buffer required between residential and commercial
uses on the tract, however, utility, service and parking areas shall
be screened from view by a fifteen-foot-wide area planted with a solid
screen of evergreen trees and shrubs, which may also contain a six-foot-high
solid fence.
(14)
Utilities shall be located underground.
(15)
Trash enclosures shall be constructed on three sides of six-foot-high
masonry finished to match the principal building. A gate on the fourth
side shall be provided where appropriate.
(16)
Stormwater control shall be provided in wet basins, vegetated
basins and underground systems to the extent feasible, and aboveground
facilities shall not be located in a front yard. The use of sand infiltration
basins shall be limited.
(17)
Some reduction in the parking requirement for the commercial
uses may be warranted if it can be demonstrated to the Board's satisfaction
that a proportionate percentage of customers are coming from within
the site itself as pedestrians or via shuttle.
D.
Informal submission of a concept plan shall be strongly encouraged
in order for the Board to provide input regarding the plan prior to
full engineering and design. The concept plan submission should contain
the following information:
(1)
A land use plan indicating proposed uses, site layout including
building setbacks, massing, separation, orientation, height, number
of units, unit types, floor area or commercial uses, location of required
passive and active open space, location of parking and shared parking
areas, and interrelations between residential, commercial and house
of worship components.
(2)
Delineation of wetlands, buffers and floodplains and water bodies.
(3)
Proposed stormwater management areas.
(4)
Circulation plan indicating proposed vehicular and pedestrian
routes, ingress/egress, parking areas, transit stops, linkages to
adjacent properties and public streets.
(5)
Affordable housing plan indicating the types of units proposed
and demonstrating compliance with COAH's rules. The number of units
proposed versus the number proposed for COAH crediting shall be provided.
E.
Findings for planned developments. Per N.J.S.A. 40:55D-45, every
ordinance that provides for planned developments shall require that,
prior to approval of such planned developments, the Planning Board
shall find the following facts and conclusions:
(2)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate.
(3)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
is adequate.
(4)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(5)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
[Added 6-29-2015 by Ord.
No. 2015-07]
A.
Purpose. The purpose of the PD-AH-3 District with PAH-100 Overlay
is to provide for a variety of residential and special needs housing
in a compact format in an effort to accommodate the provision of affordable
housing in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301
et seq., the mandates of the New Jersey Supreme Court, the requirements
of the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1
et seq., including phasing, affirmative marketing, pricing, bedroom
distribution, low/mod split, affordability controls and long-term
experienced administration and the 2008 statutory provisions ("Roberts'
Bill") requiring at least 13% of all the affordable units to be affordable
to very low income households.
(1)
The underlying PD-AH-3 Zone shall provide a minimum of 15% of all residential units as low and moderate income rental housing; or 20% of all residential units as low and moderate income for sale housing as defined in Chapter 58.
(a)
Residential unit density. Residential density shall not exceed
eight dwelling units per gross acre.
(2)
The PAH-100 Zoning Overlay shall provide an experienced Administrative Agent to administer the one-hundred-percent affordable housing units; and at least 13% of all the affordable units will be affordable to very low income households. Of the total affordable units, 50% shall be reserved for low income households (inclusive of very low income households); and the remaining 50% may be made available to moderate income households as defined in Chapter 58.
(a)
Residential unit density. Residential density shall not exceed
13 dwelling units per gross acre.
D.
Accessory uses.
(1)
Private and community swimming pools.
(2)
Private garages.
(3)
Private sheds.
(4)
Private and public garage buildings and structures.
(5)
Refuse enclosures.
(6)
Decks and patios.
(7)
Private, public and community recreation such as walking paths,
playgrounds, courts, fields, community greens, and parks.
(8)
Community buildings and structures as approved on a site plan
including but not limited to trash compactors, refuse containers,
garages, sheds, parking, lighting, and landscaping.
E.
Bulk standards.
(1)
Minimum lot area: four acres.
(2)
Maximum lot coverage: 80% of the tract.
(3)
Principal building setbacks. In order to encourage a variety
of building facades, there are permitted encroachments where portion
of the building, including windows, bays, offsets, chimneys, and other
architectural features and including unenclosed porches, stoops, stairs,
decks, fireplaces, and balconies may encroach into all required yard
areas. Permitted encroachments shall be a minimum of 10 feet away
from any curbline.
(4)
There shall be a perimeter setback of 15 feet from the tract
boundary.
(5)
Front-yard and side-yard setbacks from the curblines of internal
streets and parking area curbs: 12 feet.
(6)
Multifamily dwellings and townhouses shall have 20 feet between
buildings.
(7)
Rear yard from any property line: 15 feet.
(8)
Maximum building and parking structure height shall be 45 feet/four
stories.
(9)
Townhouse attached dwellings shall not exceed eight units per
building. Multifamily buildings shall not exceed 24 units each.
(10)
Accessory buildings and structures including shared parking
garages, private garages, sheds, trash enclosures, shall not be located
closer than 12 feet to the principal building and not closer than
10 feet to any perimeter property line.
(11)
Maximum accessory building height, as defined: 22 feet and one
story.
F.
General height exceptions. The maximum building height set forth
above shall not apply to any of the following structures or appurtenances,
provided that no structure or appurtenance as described below shall
extend to a height exceeding 18 feet above the maximum principal building
height:
(1)
Architectural ornamentation including cupolas, domes, monuments,
flagpoles, masts, aerials, and/or equipment and elevator penthouses
and like structures required to be placed above the roof deck/slab
and not intended for human occupancy. Rooftop equipment, air-conditioning
compressors, air handlers, chimneys, smoke stacks, and the materials
and structures used to screen such equipment including parapets, mansards,
louvers, grillage, and ornamental roofing.
G.
Architectural floor plans and building elevations, prepared by a
licensed architect under seal, shall be submitted with the site plans.
H.
Design standards.
(1)
Buildings are envisioned to be at least two stories in height
and not greater than four stories in height. Buildings are envisioned
to relate to the train station and Rancocas Creek with physical pedestrian
improvements.
(2)
At end wall condition, windows, bays, offsets, additional fenestration,
turned gables, and other architectural features shall be used to enhance
the architectural character of the end wall.
(3)
Buildings shall be designed to have an attractive, finished
appearance from all public spaces, waterways, public streets, railroad
rights-of-way, and adjacent residential uses.
(4)
Building facades shall have fenestration and design elements,
including but not limited to decorative windows, operating windows,
louvers, shutters, and/or wide window frames consisting of a minimum
of 10% to 25% of the upper floor facade area to prevent large expanses
of blank walls.
(5)
All pedestrian entryways or lobbies shall be prominent, lighted,
and separate from service entrances.
(6)
Architectural design shall endeavor to minimize the visual impact
of garage doors facing a public or neighborhood street by providing
windows and decorative elements.
(7)
Townhouse widths shall average a minimum width of 18 feet, but
in no case shall any unit be less than 16 feet wide.
(8)
The site plans shall demonstrate the provision of adequate areas
for the storage and collection of trash and recyclables. If trash
and recyclables are to be stored inside units, adequate space shall
be indicated on the floor plans. If common trash areas are to be provided,
a detail of the area shall be provided on the plans. Trash enclosures
shall be properly sized for the number of units served and frequency
of pickup and shall be surrounded on three sides by an enclosure at
least six feet high, finished to match the principal buildings.
(9)
Trash receptacles, compactors, and dumpster storage areas shall
be effectively screened by enclosures designed to complement the principal
building, and should be buffered with landscaping where practical.
(10)
The site plans shall demonstrate the provision of adequate areas
for the storage of personal items such as bicycles, grills and other
outdoor equipment.
(11)
Building and mechanical equipment, including but not limited
to HVAC, meters, grills, elevator cabinets, and satellite dishes,
should be located so as to be visually shielded from the public street
to the extent allowed by utility companies.
(12)
Ganged mail boxes, where deemed necessary by the applicant and/or
Planning Board, shall be located where safe pedestrian and vehicular
access can be provided.
(13)
All exterior yard areas shall be maintained by the homeowners'
association or management entity, not individual property owners.
I.
Parking fields, drive aisles, and streets.
(1)
A five-foot-wide planting strip shall be located along the perimeter
of streets, parking areas and aisles, wherein trees typically planted
as street trees shall be planted 40 feet on center throughout the
project.
J.
Parking.
(1)
Where applicable and available, shared parking arrangements
and shared access drives should be pursued. This should include an
attempt to improve public parking within the New Jersey Transit train
station site and along the access to the site and transit station
for shared parking and shared access.
(2)
Parking requirements for residential uses shall comply with
the New Jersey Residential Site Improvement Standards (RSIS) pursuant
to N.J.A.C. 5:21-1.1 et seq., including waiver provisions. The parking
requirements for all uses may be reduced from 25% to 40% from the
RSIS requirements due to the proximity of public light rail system,
if found to be de minimis exception by the Planning Board. The reduction
shall be based upon a parking study undertaken by the applicant and
in no event shall the overall parking ratio for residential uses be
less than one parking space per unit.
(3)
At least 30% of the parking lot area shall be shaded by shade
trees at tree maturity. The perimeter of parking lots shall be landscaped
at the ends of parking runs where practical.
(4)
Where practical, a two-foot to four-foot-wide green space shall
be provided between curbs and sidewalks to provide for vehicle overhang
and landscaping. Additional sidewalk width not green space shall be
provided in areas where pedestrian or handicapped access is provided.
(5)
Parking facilities are not required for recreational, community
or public facilities serving the area.
K.
Open space and public civic space.
(1)
Areas on site that do not contain buildings, parking areas,
roadways or driveways should be designed as open space areas for the
visual enjoyment and gathering of the private community and should
be contiguous where possible and connect to existing public open space
areas, namely the Rancocas Greenway, to increase usability. Open space
areas should be accessible to residents of the neighborhood.
(2)
A clear pedestrian connection or path shall be provided along
and connecting to the Rancocas Greenway pursuant to approvals and
agreements with Burlington County; and a clear pedestrian connection
shall be provided connecting the development with the New Jersey Transit
Light Rail Station.
(3)
Civic space for the use of property residents is required to
be provided at a ratio of 1,200 feet per acre.
(4)
Recreational play structures, walking paths, bike racks, outdoor
seating and eating areas are required for developments of 40 units
or more.
(5)
Recreational facilities for a type different than those mentioned
above may be proposed for substitution by the developer and submitted
for approval of the Board or requested by the Board.
L.
Green building practices. To the extent feasible, green building
practices should be employed to reduce the project's dependency upon
natural resources. These practices include, but are not limited to,
the following:
(1)
Orient buildings to maximize solar gain in the winter and shade
in the summer; include vegetated wind breaks and sun screens;
(2)
Create shaded porches and patios for summertime gatherings;
(3)
Where practical, plant indigenous vegetation to minimize water,
pesticide and herbicide usage and to create foraging opportunities
for local wildlife;
(4)
Install operable windows, awnings, shading devices and roof
vents to reduce reliance on HVAC units;
(5)
Maximize daylight in living spaces to reduce reliance on artificial
lighting;
(6)
Utilize renewable sources for electricity, heating and cooling;
(7)
Maximize building and window insulation;
(8)
Utilize recycled building and site materials and recycle construction
debris;
(9)
Create shaded parking areas, to reduce reliance on automotive
air conditioning;
(10)
Create opportunities for bicyclists and pedestrians to reduce
reliance on automobiles including shaded sidewalks, benches, bike
lanes and bike racks.
A.
Permitted principal uses. In a C-1 Neighborhood Commercial
District, land shall be used only for the following permitted uses:
(1)
The retail sale of consumable goods and products,
apparel and general and sundry merchandise, excluding sexually oriented
businesses.
(2)
Restaurants and cafes.
(3)
Funeral homes and mortuaries.
(4)
Office of an architect, engineer, land surveyor, planner,
landscape architect or related professional.
(5)
Office of an attorney, accountant, insurance broker,
real estate broker or related professional.
(6)
Studio or facility of an artist, photographer, florist,
teacher, musician or related professional or business.
(7)
Office of a doctor, dentist, chiropractor or related
medical professional or physician.
(8)
Facility of a tailor, dressmaker, cobbler or related
professional or business.
(9)
Facility of a hairdresser, barber, beauty parlor or
related professional or businesses, excluding tattoo parlors and body
piercing facilities.
(10)
Dry-cleaning shops and shoe repair shops.
(11)
Adult day-care and child-care centers.
[Amended 5-2-2011 by Ord. No. 2011-17]
(12)
Single-family detached dwellings pursuant to
the provisions for the R-3 Single-Family Residential District.
(13)
Public parks and recreational facilities.
(14)
Governmental buildings and facilities.
(15)
Financial institutions
(16)
Existing two-family attached and existing single-family semidetached
dwellings subject to the Schedule of Area and Bulk Requirements of
the R-6 Zone District.[1]
[Added 5-2-2011 by Ord. No. 2011-13]
[1]
Editor's Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
B.
Permitted accessory uses. Only the following accessory
uses on the same lot with and customarily incidental to the foregoing
permitted uses:
C.
Conditional uses. The following conditional uses shall meet the requirements set forth in § 110-10:
(1)
Utility structures and facilities needed to provide
the direct service of gas, electricity, telephone, water and sewerage,
but not offices, garages, warehouses, maintenance areas, production
facilities, processing facilities or similar commercially or industrially
related operations of such companies.
(2)
Quasi-public buildings and recreation areas.
(3)
Home occupations.
(4)
Churches and places of worship
(5)
Gasoline service stations and automobile repair shops,
provided such uses have adequate off-street parking and provide sufficient
screening and buffering. The conditional requirements include the
bulk, area, yard and buffering requirements. In addition, no overnight
outside storage of vehicles should be permitted unless the storage
of such vehicles is provided within a fully screened area. Canopies
over fuel dispensing islands are prohibited in order to avoid creating
an obtrusive condition in the C-1 area caused by a structure that
is incompatible with the surrounding residential neighborhoods and
by a structure that generates considerably intensive light which negatively
affects surrounding residences.
(6)
Apartments over the first floor of commercial uses,
provided that the apartments are restricted to “affordable units”
as defined and regulated by New Jersey Council on Affordable Housing
Rules set forth in N.J.A.C. 5:93-1 et seq. and have sufficient off-street
parking assigned to the residents. Front yard setbacks to principal
structures shall be at least 25 feet. Side yard setbacks to principal
structures should be at least 15 feet, and rear yard setbacks to principal
structures should be at least 30 feet.
D.
Area and bulk regulations. The area and bulk regulations
for this District shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[2]
[2]
Editor’s Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
F.
Other regulations. All other regulations of this chapter
shall be applied accordingly.
[Added 5-2-2011 by Ord. No. 2011-13]
A.
Permitted principal uses.
(1)
Single-family detached dwellings.
(2)
Existing two-family dwellings.
(3)
Existing single-family semidetached dwellings.
(4)
Home office of a sole practitioner architect, engineer, land
surveyor, planner, landscape architect, or related professional.
(5)
Home office of a sole practitioner attorney, accountant, insurance
broker, real estate broker, or related professional.
(6)
Home studio or facility of a sole practitioner artist, photographer,
florist, teacher, musician, or related professional or business.
(7)
Home office of a sole practitioner doctor, dentist, chiropractor,
physical therapist, psychologist, psychiatrist, speech therapist,
personal trainer, or elated medical professional practitioner, or
physician.
(8)
Home facility of a sole proprietor hairdresser, yoga studio,
barber, beauty parlor, or related professional or businesses, excluding
tattoo parlors and body-piercing facilities.
(9)
Family day-care home.
(10)
Public parks, active and passive recreational facilities.
(11)
Governmental buildings and facilities.
(12)
Home occupations.
D.
Area and bulk regulations.
(1)
The area and bulk regulations for this district shall be in
accordance with the requirements set forth in the Schedule of Area
and Bulk Requirements.[1]
[1]
Editor's Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
(2)
For structures that convert to live/work buildings, the minimum
required residential living space is 800 square feet or 45% of the
building area, whichever is less.
A.
Permitted principal uses. In a C-2 Downtown Commercial
District, land shall be used only for the following permitted uses:
(1)
The retail sale of consumable goods and products,
apparel and general and sundry merchandise, excluding sexually oriented
businesses.
(2)
Restaurants and cafes.
(3)
Funeral homes and mortuaries.
(4)
Office of an architect, engineer, land surveyor, planner,
landscape architect or related professional.
(5)
Office of an attorney, accountant, insurance broker,
real estate broker or related professional.
(6)
Studio or facility of an artist, photographer, florist,
teacher, musician or related professional or business.
(7)
Office of a doctor, dentist, chiropractor or related
medical professional or physician.
(8)
Facility of a tailor, dressmaker, cobbler or related
professional or business.
(9)
Facility of a hairdresser, barber, beauty parlor or
related professional or businesses, excluding tattoo parlors and body
piercing facilities.
(10)
Dry-cleaning shops and shoe repair shops.
(11)
Adult day-care and child-care centers.
[Amended 5-2-2011 by Ord. No. 2011-17]
(12)
Single-family dwellings pursuant to the provisions
for R-4 bulk, area, and yard requirements.
(13)
Existing two-family and existing single-family semidetached dwellings
pursuant to the provisions for the R-6 bulk, area, and yard requirements.
[Added 5-2-2011 by Ord. No. 2011-13[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
A(13) through (15) as Subsection A(14) through (16), respectively.
(14)
Public parks and recreational facilities.
(15)
Governmental buildings and facilities.
(16)
Financial institutions.
(17)
Where commercial uses occupy the ground floor or the first floor,
residential units are permitted on any floor above the ground or the
first floor at a density of not more than 25 dwelling units per acre.
[Added 5-2-2011 by Ord. No. 2011-13]
B.
Permitted accessory uses. Only the following accessory
uses on the same lot with and customarily incidental to the foregoing
permitted uses:
C.
Conditional uses. The following conditional uses shall meet the requirements set forth in § 110-10:
(1)
Churches, places of worship.
(2)
Nonprofit organizations.
(3)
Utility structures and facilities needed to provide
the direct service of gas, electricity, telephone, water and sewerage,
but not offices, garages, warehouses, maintenance areas, production
facilities, processing facilities or similar commercially or industrially
related operations of such companies.
(4)
Automobile service stations and automotive repair
services and garages.
[Amended 5-2-2011 by Ord. No. 2011-17]
(5)
Quasi-public buildings and recreation areas.
(6)
Home occupations.
(7)
Apartments over the first floor of commercial uses,
provided that the apartments are restricted to “affordable units”
as defined and regulated by New Jersey Council on Affordable Housing
Rules set forth in N.J.A.C. 5:93-1 et seq. and have sufficient off-street
parking assigned to the residents. Front yard setbacks to principal
structures shall be at least 25 feet. Side yard setbacks to principal
structures should be at least 15 feet, and rear yard setbacks to principal
structures should be at least 30 feet.
(8)
Funeral
homes.
[Added 5-2-2011 by Ord. No. 2011-17]
(9)
Laundromats.
[Added 5-2-2011 by Ord. No. 2011-17]
D.
Area and bulk regulations: The area and bulk regulations
for this District shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[2]
[2]
Editor’s Note: The Schedule of Area and Bulk Requirements is included as an attachment to this chapter.
E.
No accessory structures, driveways, parking areas
or loading areas shall be located in the buffer area. Off-street parking
and loading spaces shall be provided for commercial uses.
G.
Other regulations. All other regulations of this chapter
shall be applied accordingly.
[Added 7-5-2023 by Ord. No. 2023-10]
A.
Permitted principal uses. In an I-3 Modified Industrial District,
land shall be used only for the following permitted uses:
(1)
Wholesale trade establishments engaging in wholesale of merchandise
and goods for resale, such as durable nonconsumer and consumer goods,
materials, and supplies.
(2)
Offices for administrative, executive, business, utility, professional
and financial services, insurance, photography, polling, advertising,
public relations, marketing, translation, promoters and managers of
arts, artists and sports, athletes, or other public figures.
(3)
General contractors, building architects or civil engineering, specialty
trade contractors, building equipment manufacturers and suppliers,
finishing contractors, and artisan shops, offices and showrooms. [Any
term not already defined by this Code or the Municipal Land Use Law
shall be governed by the definitions in NAICS (2022)].
(4)
Establishments engaged in manufacturing, including production, processing,
distribution, and wholesale sale of fresh, refrigerated, and frozen
food, (except animal slaughtering), beverages, durable medical goods,
textiles, apparel, printing, machine tools, machinery, computer and
electronic products, electrical equipment, appliances, components,
and furnishings.
(5)
Establishments that provide information technology services including
management, programming, consulting, installation, integration, publishing,
motion picture and sound recording, broadcasting, and internet publishing.
(6)
Providers of educational services, including special education, business
schools, computer and management training, technical and trade schools,
driving schools, life-skills training, educational support services,
except academic tutoring services, exam preparation, and college application
consulting.
(7)
Telecommunications offices and facilities excluding cellular communications
towers.
(8)
Governmental uses, including, but not limited to, municipal buildings,
public works garages, motor vehicle inspection stations and recreational
facilities.
(9)
Adult day-care and child-care centers.
(10)
Publicly accessible EVSE (electric vehicle supply equipment).
(11)
Distribution facilities for building products and services (including
but not limited to lumber, engineered-wood products, railings, decking,
tiding, roofing products, doors and trim) with a maximum cumulative
building size of 275,000 SF across all lots used to operate the distribution
facility.
[Amended 9-11-2023 by Ord. No. 2023-15]
B.
Area and bulk regulations. The area and bulk regulations for this
District shall be in accordance with the requirements set forth in
the Schedule of Area and Bulk Requirements.[1] That Schedule shall be amended such that the section governing
I-1 shall reflect that the requirements govern both I-1 and I-3.
[1]
Editor's Note: Said Schedule is included as an attachment to this chapter.
C.
Other regulations. All other regulations of this chapter shall be
applied accordingly.
D.
Conduct of operations indoors and hours of operation.
(1)
The manufacture, fabrication, assembly, packaging or repair of products,
goods, equipment, or similar shall be conducted entirely indoors.
Indoor and outdoor operations, except as otherwise indicated below,
shall not be permitted between the hours of 11:00 p.m. to 7:00 a.m.
(2)
Any vehicle engaged in a facility's commercial or industrial
operations, which includes but is not limited to mechanical loading/unloading,
backup beepers, onboard auxiliary power units, trailer refrigeration
units, and bulk off-loading apparatus shall not be permitted to operate
between the hours of 11:00 p.m. to 7:00 a.m. Freight trains and customer
and/or employee personal vehicles are exempt from this restriction.
(3)
The receipt, loading or unloading of trucks, tractors, and trailers
shall not be permitted between the hours of 11:00 p.m. to 7:00 a.m.
Trash, refuse and recycling vehicles are exempt from this restriction.
A.
Permitted principal uses. In an I-1 Light Industrial
District, land shall be used only for the following permitted uses:
(1)
Warehouses.
(2)
Wholesale facilities.
(3)
Distribution facilities.
(4)
General offices and office buildings.
(5)
Tradesman and artisan shops, offices and showrooms.
(6)
Manufacture, fabrication and assembly of products
from previously processed and prepared materials conducted within
completely enclosed buildings.
(7)
Research and scientific laboratories.
(8)
Packaging of products.
(9)
Computer software development and manufacture.
(10)
Printing.
(11)
Furniture and cabinet making.
(12)
Reupholstering.
(13)
Telecommunications offices and facilities excluding
cellular communications towers.
(14)
Media production facilities.
(15)
Cafeterias that are part of industrial facilities
and serve only the employees of such facilities.
(16)
Governmental uses, including but not limited to municipal buildings,
public works garages, motor vehicle inspection stations and recreational
facilities.
[Added 5-2-2011 by Ord. No. 2011-17]
(17)
Adult day-care and child-care centers.
[Added 5-2-2011 by Ord. No. 2011-17]
B.
Conditional uses. The following conditional uses shall meet the requirements set forth in § 110-10:
[Amended 3-7-2005 by Ord. No. 2005-5; 5-2-2011 by Ord. No.
2011-17]
(1)
Automobile and truck leasing facilities.
(2)
Construction contractor storage yards, offices and
shops. Registered truck, trailer or motor vehicle for commercial purposes
accessory to a permitted use in the I-1 and I-2 Zones.
(3)
Automobile
service stations and automotive repair services and garages.
(4)
New
and used automobile and truck sales and dealerships.
(5)
Automobile
wash facility.
(6)
Body
shops.
C.
Area and bulk regulations. The area and bulk regulations
for this District shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[1]
[1]
Editor’s Note: The Schedule of Area and Bulk Requirements is included as an attachment to this chapter.
D.
Other regulations. All other regulations of this chapter
shall be applied accordingly.
E.
Conduct of operations indoors and hours of operation.
[Added 2-13-2016 by Ord.
No. 2017-3]
(1)
The manufacture, fabrication, assembly, packaging or repair of products,
goods, equipment, or similar shall be conducted entirely indoors.
Indoor and outdoor operations, except as otherwise indicated below,
shall not be permitted between the hours of 11:00 p.m. to 7:00 a.m.
(2)
Any vehicle engaged in a facility's commercial or industrial operations,
which includes but is not limited to mechanical loading/unloading,
back up beepers, onboard auxiliary power units, trailer refrigeration
units, and bulk off-loading apparatus shall not be permitted to operate
between the hours of 11:00 p.m. to 7:00 a.m. Freight trains and customer
and/or employee personal vehicles are exempt from this restriction.
(3)
The receipt, loading or unloading of trucks, tractors, and trailers
shall not be permitted between the hours of 11:00 p.m. to 7:00 a.m.
Trash, refuse and recycling vehicles are exempt from this restriction.
A.
Permitted principal uses. In an I-2 General Industrial
District, land shall be used only for the following permitted uses:
(1)
Principal uses permitted in the I-1 Zoning District.
(2)
Planned industrial parks. Planned Industrial Parks
should contain at least 50 acres, and lots within the planned industrial
parks should have at least three acres.
(3)
Adult
day-care and child-care centers.
[Added 5-2-2011 by Ord. No. 2011-17]
(4)
Governmental
uses, including but not limited to municipal buildings, public works
garages, motor vehicle inspection stations and recreational facilities.
[Added 5-2-2011 by Ord. No. 2011-17]
B.
Conditional uses:
(1)
Tattoo parlors, body piercing facilities, massage
parlors, nude dancing, cabarets, adult entertainment and sexually
oriented businesses.
(2)
Cellular communications towers.
(3)
Automobile and truck leasing facilities.
[Amended 5-2-2011 by Ord. No. 2011-17]
(4)
Construction contractor storage yards, offices, and
shops. Registered truck, trailer or motor vehicle for commercial purposes
accessory to a permitted use in the I-1 and I-2 Zones.
[Added 3-7-2005 by Ord. No. 2005-5]
(5)
Automobile
wash facility.
[Added 5-2-2011 by Ord. No. 2011-17]
(6)
Body
shops.
[Added 5-2-2011 by Ord. No. 2011-17]
(7)
New
and used automobile and truck sales and dealerships.
[Added 5-2-2011 by Ord. No. 2011-17]
(8)
Sexually
oriented businesses, massage parlors, tattoo parlors, and body-piercing
facilities.
[Added 5-2-2011 by Ord. No. 2011-17]
C.
Area and bulk regulations. The area and bulk regulations
for this District shall be in accordance with the requirements set
forth in the Schedule of Area and Bulk Requirements.[1]
[1]
Editor’s Note: The Schedule of Area and Bulk Requirements is included as an attachment to this chapter.
D.
Other regulations. All other regulations of this chapter
shall be applied accordingly.
[Added 3-5-2018 by Ord.
No. 2018-6]
A.
Purpose. The Specialized Health Overlay District shall be an overlay
district for limited portions of the I-2 and I-3 Industrial Districts.
It shall permit and govern, as conditional uses, residential medical
detoxification centers and behavioral health care facilities, with
related provisions.
[Amended 8-7-2023 by Ord. No. 2023-11]
B.
This district shall be bordered to the north by Coopertown Road,
to the east by the eastern boundary of Lot 11, in Block 2000; to the
south by the southern boundaries of Lots 7, 9, 9.01, 9.02, 9.03, 10,
11, and 11.02 in Block 2000; and to the west by the western boundary
of Lot 7.
Any person who 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 Joint Land Use Board shall, upon conviction thereof before any judicial officer authorized to hear and determine the matter, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. Each and every day any violation continues shall be considered a separate offense, punishable by a like fine and/or penalty.
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.
