Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Township of Florence and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses. In addition to other powers conferred by this chapter and applicable statutes, the municipal agency shall have original jurisdiction pursuant to the procedural requirements established in Part 2 of this chapter to grant a permit for a conditional use under the terms and conditions established by this chapter, and under the following stipulations and guiding principles.
The design, arrangement and nature of the particular
use is such that the public health, safety and welfare will be protected
and reasonable consideration is afforded to the:
A.
Character of the neighborhood and zone.
B.
Conservation of property values.
C.
Health and safety of residents or workers on adjacent
properties and in the surrounding neighborhood.
D.
Potential congestion of vehicular traffic or creation
of undue hazard.
E.
Principles and objectives of this chapter and planned
development of the Township of Florence.
A.
In any instance where the municipal agency is required
or permitted to consider a conditional use or uses, the municipal
agency, among other things, shall require the following:
(1)
That there be submitted to it a complete set of plat
and building plans, showing the location of the property in relation
to the surrounding property and streets within 500 feet of the tract,
both ways; the location of all existing and proposed buildings, structures,
drives, parking areas, streams and loading zones; and the use to be
made of all land areas.
(2)
That the developer submit a complete detailed statement
setting forth all particulars on the operation of the proposed use.
(3)
The developer shall secure a written report from the
Board of Health of the Township or from the Burlington County Department
of Health as to any health or sanitary problems that may develop or
be encountered if the conditional use is granted.
(4)
Assurance that the proposed use is consistent with the spirit, purpose and intent of Part 3 of this chapter.
(5)
A determination that the proposed use will not substantially
injure or detract from the use of the neighboring properties or from
the character of the neighborhood and that the use of the property
adjacent to the area included in the proposed use is adequately safeguarded.
(6)
That the proposed use will serve the best interests
of the Township, the community and the public welfare.
(7)
That no building, structure, facility, active recreation
facility or use of land shall be located or used within the 50 feet
of an adjacent residential property line.
(8)
That adequate off-street parking be provided so that
the traffic hazards or congestion will be caused if the proposed conditional
use is granted.
(9)
That the property proposed to be so occupied by such
use shall have a minimum lot area of one acre and that no more than
25% of the land area be occupied by buildings or structures.
(10)
That adequate and attractive fences or sufficient
landscaping, including shrubs, trees and lawns will be provided in
order to provide a buffer zone sufficient to screen all adjacent residential
zones or properties from the land or premises which is the subject
of the application.
(11)
Provide a public hearing, after due notice,
in strict accordance with the procedures set forth in the statutes
of the State of New Jersey and the ordinances of the Township of Florence.
B.
In addition, such conditional uses shall adhere to the minimum standards specified for the particular use in this section and to such additional conditions and safeguards as in the opinion of the municipal agency will implement the intent and objectives of this Article and Part 2 of this chapter. In addition, in reviewing any application for a conditional use, the municipal agency shall apply the applicable standards set forth in Articles XIV through XX of this chapter.
A.
A home occupation may be permitted in the R, RA and AGR Districts as a conditional use in accordance with the review and approval procedures set forth in Part 2 of this chapter. The reviewing board shall determine that the following standards are met and any other requirements applying have been fulfilled.
B.
The occupation being conducted, in whole or in part,
from a residence or its residential lot is an accessory use. Such
occupation shall be conducted solely by resident occupants of the
residential building, except that no more than one person not a resident
of the building may be employed, and provided, also, that no more
than 900 square feet or the equivalent of the first floor area of
the building, whichever is smaller, shall be used for such purposes;
the minimum area for the residence shall remain at least as large
as that required for residences; no display of products shall be visible
from the street; the residential character of the building will not
be changed; no sign shall be displayed exceeding a maximum of two
square feet on each of the two sides, and the sign shall be placed
either inside or flat against the surface of the building when placed
outside, but not on both; no occupational sounds shall be audible
outside the buildings; no articles shall be offered for sale from
the premises; no machinery or equipment shall be used which will cause
interference with radio and television reception in the neighboring
residences; and the use shall not reduce the parking or yard requirements
of the principal residential use.
Hospitals, philanthropic and charitable uses
may be permitted in the R, RA and AGR Districts as a conditional use,
provided that the reviewing board finds the following:
A.
No building or buildings will occupy more than 25%
of the lot area.
B.
Such use will in no way be detrimental to surrounding
property values and that the structure of proposed use will serve
a useful purpose to the general welfare of the Township.
C.
Signs may be illuminated but nonflashing and limited
in area to not more than 30 square feet on any one side and shall
not be closer than five feet from any street line or 15 feet from
any other property line.
D.
The front, rear and side yards shall be increased
one foot for each foot by which such building exceeds the height limit
herein established for the zone in which it is located. An applicant
seeking to exceed the height limit shall apply for a bulk variance.
E.
The off-street parking requirement standard may be
increased where necessary to provide sufficient parking for the number
of cars anticipated to utilize the proposed use.
F.
That all utilitarian and service areas are adequately
screened in accordance with the standards set forth in this chapter.
Quasi-public buildings, including fire stations and emergency squads, and recreation areas and facilities, including clubhouses, parks, playgrounds, swimming pools, tennis courts and other quasi-public activities operated by nonprofit organizations, may be permitted as a conditional use in the R, RA and AGR Districts in accordance with the review and approval procedures set forth in Part 2 of this chapter. The municipal agency shall determine that the following standards are met:
A.
The application shall be accompanied by a statement
setting forth particulars on the proposed operation of the use and
a complete list of the current officers including names and residents'
addresses.
B.
It is ascertained that the proposed use is a bona
fide nonprofit organization operated solely for recreation and enjoyment
of the members of said organization.
C.
The proposed use in the proposed location will not
adversely affect the safe and comfortable enjoyment of property rights
or otherwise adversely affect the value of adjacent properties, that
the design of any structures erected in connection with such use are
in keeping with the general character of the area and that sufficient
landscaping, including trees, shrubs and lawn, are provided to serve
as a buffer between said use and adjoining residential properties
and to insure an attractive appearance for the use.
D.
That buildings will not occupy more than 25% of the
lot area and that all other requirements as set forth in this chapter
for the zone in which it is to be located are observed and that the
structure or use proposed will serve a useful purpose to the general
welfare of the Township.
E.
The front, rear and side yards shall be increased
one foot for each foot by which such building exceeds the height limit
herein established for the zone in which it is located.
F.
The off-street parking requirement standard may be
increased where necessary to provide sufficient parking for the number
of cars anticipated to utilize the proposed use.
G.
Signs may be illuminated but nonflashing and limited
to an area not more than 15 square feet from a street line or 15 feet
from any property line.
H.
That all utilitarian and service areas are adequately
screened in accordance with the standards set forth in this chapter.
Public utility uses shall be permitted as a conditional use in all districts in accordance with the review and approval procedures set forth in Part 2 of this chapter, provided that the municipal agency shall find the following:
A.
That the proposed use in a specific location is necessary
for the efficiency of the public utility system.
B.
That the design of any building in connection with
such facility shall conform to the general character of the area and
will in no way adversely affect the safe and comfortable enjoyment
of property rights of adjoining property owners or within the neighborhood.
C.
That adequate and attractive fences and other safety
devices shall be provided and sufficient landscaping, including shrubs,
trees and lawns, shall be provided and will be periodically maintained
by the public utility.
D.
That all other requirements and specifications for
the zone district in which such use is located will be met and observed.
Service stations shall be permitted as a conditional use in the NC District in accordance with the review and approval procedures set forth in Part 2 of this chapter, provided that the municipal agency shall find the following:
A.
All storage areas, trash facilities, pits, lifts and
working areas shall be within a building. All lubrication, repair
or similar activities shall be performed in an enclosed building,
and no dismantled parts shall be placed outside.
B.
All gasoline pumps, air pumps and islands upon which
pumps are normally located shall be set back from the street line
at least 60 feet and from any other property line at least 50 feet.
A minimum space of 25 feet shall exist between any two islands and
between any island and the service station building.
C.
No junked motor vehicle or part thereof, no new or
used cars offered for sale, no unregistered motor vehicle or not more
than four motor vehicles incapable of normal operation on the highway
shall be permitted outside an enclosed service station, except that
not more than six motor vehicles may be located outside a building
for a period not to exceed five days for each vehicle, provided that
the owners are awaiting the repair of the motor vehicle.
D.
The exterior display and parking of equipment or vehicles
for rent or sale shall be permitted, provided that the area devoted
to this purpose is in addition to the minimum lot size required for
a service station, the area devoted to this purpose does not exceed
20% of the total area of the entire site, the maximum sign area for
a service station is not exceeded and the location of the equipment
or vehicles being rented or sold does not interfere with the required
off-street parking requirements for the service station and does not
interfere with the on-lot traffic circulation indicated on the approved
site plan.
E.
It is intended that service stations be designed compatible
with other permitted commercial or industrial uses in the zone in
which they are located, that they may be stripped along the available
highway frontage or at each quadrant of a convenient intersection
and that they be located within shopping centers and in office and
industrial complexes as an integral part of the overall design. Ingress
and egress shall be designed to recognize the turning movements generated.
These access points shall be coordinated with the access points required
for the nearby uses, the frequency of intersecting side streets, minimizing
left turns off collector and arterial streets and maintaining building
setbacks compatible with the required setbacks and landscaping.
Hotels and motels may be permitted in the HC District as a conditional use in accordance with the review and approval procedures set forth in Part 2 of this chapter. The municipal agency shall determine that the following standards are met and any other requirements applying have been fulfilled:
A.
Minimum lot area per unit: 1,500 square feet.
B.
Efficiency apartments may be permitted by the Planning
Board, provided that the applicant satisfactorily demonstrates that
they will be utilized primarily for transients for a period not to
exceed 30 days.
C.
Maximum lot coverage: 20%.
D.
No building shall be located closer than 50 feet to
any property line.
E.
Minimum number of units: 20.
F.
No accessory building or parking area shall be located
closer than 20 feet to a residential property line.
G.
No additional parking shall be required for swimming
pools, provided that the pools are not open for use by the general
public but are primarily for use of the guests at the hotel or motel.
Auto sales may be permitted in the HC District as a conditional use in accordance with the review and approval procedures set forth in Part 2 of this chapter. The municipal agency shall determine that:
A.
Vehicles for sale may be displayed out-of-doors within
areas which meet all of the general requirements, including setback
from property lines for parking areas; further provided that the area
set aside for outdoor display shall not exceed an area equal to the
gross floor area of the principal building. In the calculation of
the percentage of the lot occupied by the buildings and required off-street
parking area, the area of outdoor display areas shall be included
in the same manner as the area of the principal building. The area
to be used for any such outdoor display shall be appropriately set
forth at the time of application for a building permit or site plan
approval.
B.
Any outdoor storage of waste materials or supplies
shall be in a shielded location but suitable for containerized collection,
and within an area screened or fenced to a height of not less than
six feet. The area of such enclosure shall not exceed 110 square feet
and shall not be closer than 25 feet to another lot which is within
a residential zone or a street line which is across the street from
a residential zone.
C.
The entire area of the site for the travel or parking
of motor vehicles will be covered by an all-weather, hard surface.
D.
Repair of motor vehicles will be performed in a fully
enclosed building, and no motor vehicle parts or partially dismantled
or inoperative motor vehicles will be stored outside of an enclosed
building.
E.
All necessary steps shall be take to ensure that any
resulting dust, lighting, welding flashes, fumes, gas, noise, odor,
smoke, vapor or vibration does not create a condition more detrimental
to the neighborhood that would result from specifically permitted
use.
Educational uses, including public elementary
or secondary schools, duly licensed by the State of New Jersey, attendance
at which is sufficient compliance with the compulsory education requirements
of the state may be permitted as a conditional use is all zones, provided
that the municipal agency finds the following:
A.
The applicant shall follow all procedures, requirements
and standards for preliminary site plan approval.
B.
The applicant shall submit a statement which shall
indicate the grade levels of the pupils to be housed in the building
or buildings, the planned pupil capacity of such building or buildings
and the contemplated eventual enrollment of the school.
C.
Parking shall be provided in accordance with the municipal
parking standards plus adequate space for buses or delivery vehicles.
These requirements may be increased if, in the judgment of the municipal
agency, the unavailability of bus service, the particular location
or the relatively high percentage of pupils driving or anticipated
to be driving cars to school make such increased requirements desirable.
D.
No driveways shall open onto a public street within
75 feet of an intersection of such street with another public street.
E.
Illumination for night athletic activities shall be
shielded from illuminating adjoining streets and residential areas.
F.
Educational uses shall be screened from adjacent residential
zones or existing residences adjacent to the site in accordance with
municipal buffering studies and/or shall provide fencing along such
property lines as may be deemed adequate by the municipal agency.
G.
Permitted signs. One freestanding sign not larger
than 10 square feet in area and not exceeding eight feet in height
shall be permitted. In addition, facade signage occupying an area
no greater than 5% of the front facade shall be permitted.
H.
Minimum lot size shall be 10 acres.
[Added 10-4-1995 by Ord. No. 1995-24; 2-5-1997 by Ord. No. 1997-2]
Adult uses are permitted in that portion of the HC Highway Commercial District south of the New Jersey Turnpike as a conditional use in accordance with the review and approval procedures set forth in Part 2 of this chapter. The municipal agency shall determine that:
A.
No permitted adult use shall be located within 1,000
feet from any residential district, school, place of worship or park
or within 1,000 feet from any such use in any contiguous municipality.
For purposes of this section, the AGR Agricultural District shall
not be considered a residential district.
B.
No permitted adult use shall be located within 1,000
feet from any other adult use within Florence Township or any contiguous
municipality.
C.
The foregoing distance limitations shall be measured
by a straight line drawn from the nearest point of the lot boundary
on which the proposed adult use is to be located to the nearest point
of the lot or district boundary, as the case may be, of the other
use or district, and those uses, district boundary lines and dimensions
shall be indicated on the submitted site plan.
D.
Every adult use shall be located in a freestanding
building. If the adult use is adjacent to a use patronized by minors
or by families with minor children, the adult use will include an
appropriate buffer to separate and screen it from the adjacent use.
The buffer shall be constructed of either a seven-foot high (minimum),
visually opaque fence or of landscape plantings. If landscape plantings
are utilized, planting materials shall be selected and planted to
form a solid evergreen visual barrier seven-feet high within five
years.
E.
No adult use shall be permitted in a building having
a capacity of 50 or more occupants.
F.
Off-street parking requirements are one space for
every 200 square feet of gross floor area or portion thereof, plus
one space for each viewing booth of from one to three occupants, plus
one space for each additional three occupants or part thereof, plus
one space for each employee. Provided that a minimum of 10 parking
spaces shall be provided.
G.
Signs shall comply with requirements applicable to
retail commercial uses in the HC Highway Commercial Districts; provided,
that no specified anatomical areas or specified sexual activities
shall be shown, described or depicted on any signs, advertisements,
displays or exhibits that are visible from outside the building. Further
provided, that a sign shall be posted giving notice that the premises
are off limits to minors.
H.
All other applicable requirements of the Land Development
Ordinance, including but not limited to those applicable to HC Highway
Commercial District, shall be met.
[Added 9-19-2001 by Ord. No. 2001-22]
A.
Purpose. The following provisions are intended to
provide for the development of housing for an older adult population.
Such development shall be located close to the existing residential
developments of Florence Township and shall be able to be served by
public sewer and water. Flexibility in site layout is encouraged to
promote clustered homesites, preserving open space within the tract
on which the development occurs. Noncontiguous residential duster
development of senior housing utilizing land in the AGR Agricultural
District is also permitted as a means of preserving farmland or providing
for public uses such as recreation, open space or other public use
appropriate to such land.
B.
Lot and area requirements.
(1)
Minimum tract size: 25 acres of contiguous land.
(2)
Maximum density: four units per acre, requiring
use of the noncontiguous residential cluster technique to obtain a
lot yield per tract for senior housing that would exceed the lot yield
if the tract were developed for conventional single-family detached
housing under bulk regulations of the R Low-Density Residential District
applicable to conventional housing. In the noncontiguous residential
cluster technique, all or a portion of the density of residential
development permitted on a separate, noncontiguous site in the AGR
Agricultural District that is owned or controlled by the developer
of the senior housing project is to be utilized on the senior housing
site with the land in the AGR Agricultural District reserved and permanently
deed-restricted for agricultural use and/or such public uses as recreation,
open space over and above that needed to meet the open space requirements
of the senior housing development itself, or other appropriate public
use, provided that in no case shall the density on the senior housing
development site be permitted to exceed four units per acre.
(3)
For the purpose of noncontiguous residential
cluster:
(a)
The density permitted in the AGR Agricultural
District where there is public sewer and water shall be calculated
at one unit per acre. If such lands are dedicated by the developer
and accepted by the Township Council for public use such as a park,
recreation, open space or other appropriate public use, the density
shall be calculated at four units per acre.
(b)
The density permitted in the AGR Agricultural
District where such utilities are not present shall be calculated
at one unit per three acres. If such lands are dedicated by the developer
and accepted by the Township Council for public use such as a park,
recreation, open space or other appropriate public use, the density
shall be calculated as one unit per acre.
(4)
Formula for determining number of noncontinuous
AGR District units required for a given senior housing development.
The difference between the total number of senior housing units proposed
for the development, and 1.2 times the number of gross acres of land
to be developed (including all parcels within the tract) in the R
District, is the number of noncontiguous AGR District units required.
(5)
Minimum requirements for individual senior housing
lots.
(a)
Lot size: 7,500 square feet, exclusive of any
area dedicated or reserved for conservation purposes.
(b)
Lot width: 50 feet.
(c)
Lot depth: 100 feet.
(d)
Front yard setback: 20 feet.
(e)
Side yard setback: 10 feet.
(f)
Rear yard setback: 20 feet. Forty feet shall
be provided for reverse frontage lots adjacent to a county road.
(6)
Maximum height: 35 feet.
(7)
Maximum impervious coverage (per lot): 35%.
(8)
Open space set aside for use by the residents of the senior housing development shall be a minimum of 15% of the total contiguous development tract. Except as provided in Subsection B below, such open space shall be passive open space, left in or returned to a natural state. Detention and retention basins shall be excluded from such required open space.
(9)
Recreation shall be provided pursuant to Article XX, which requirements shall be modified to reflect the age of the projected population of the development. Such recreation shall include tennis courts, bocce courts, swimming pools and/or similar age-appropriate facilities. Recreation areas shall not constitute less than 3% nor more than 5% of the contiguous tract area.
(10)
Buffers shall be as required by § 91-91, except that the planted areas shall be a minimum of 25 feet wide. All yards abutting or adjacent to a county road shall be increased an additional 25 feet in width or depth, as the case may be, over the minimum otherwise required. All yards abutting or adjacent to interstate highways, including the New Jersey Turnpike, shall be increased an additional 100 feet in width or depth, as the case may be, over the minimum otherwise required. There shall be a buffer of 50 feet adjacent to the HC Highway Commercial District and a buffer of 100 feet adjacent to the SM Special Manufacturing and GM General Manufacturing Districts.
(12)
All lots adjacent to county roads shall have
reverse frontage.
C.
Eligibility. Permanent residents of the homes in said
development must be at least 55 years of age, except that the spouse
or an immediate member of the family other than a child of said permanent
residents, or a live-in domestic, companion or nurse, may be a permanent
resident regardless of his or her age. A maximum of one child, age
18 or older, may also reside as a permanent resident with his or her
parent or parents.
D.
Accessory uses.
(1)
Perimeter fences (on individual lots) as approved
by any homeowners' association and provided for in the association
bylaws.
(3)
Community buildings for the entire development.
(4)
Swimming pools for the entire development, but
not on individual lots.
(5)
Tennis court(s) or similar recreational facilities
for the entire development, but not on individual lots.
(6)
Maintenance buildings and storage sheds for
the entire development, but not on individual lots.
E.
Use of land in AGR Agricultural District for noncontiguous
residential cluster.
(1)
All lands located within the AGR Agricultural District may be incorporated into a noncontiguous residential cluster development of senior housing as provided in Subsection B(2) of this section and as defined in this chapter.
(2)
Land in the AGR Agricultural District from which
all of the permitted density has been utilized in a senior housing
development shall be permanently deed-restricted for use only for
the following purposes:
(3)
Land in the AGR Agricultural District from which
less than all of the permitted density has been utilized in a senior
housing development shall be permanently deed-restricted only to the
extent of the permitted density actually utilized in the senior housing
development. If the utilization takes the form of dedication and acceptance
of land for public use, the land thus dedicated and accepted shall
be subdivided from the remainder, which shall not be deed-restricted.
If the utilization takes any other form, the land may be subdivided
into deed-restricted and unrestricted parcels or the entire tract
may be partially deed-restricted.
(4)
Prior to the grant of final approval for any
proposed noncontiguous residential cluster development of senior housing
using lands in and densities assigned to the AGR Agricultural District,
a deed restriction shall have been recorded burdening such lands in
the AGR Agricultural District and reducing the permitted density for
residential development on such lands in the AGR Agricultural District
commensurate with the utilization of the permitted density in the
noncontiguous residential cluster development of senior housing. Such
recorded deed restriction shall be deemed null and void in the event
that the proposed noncontiguous residential cluster development utilizing
the density permitted on said lands in the AGR Agricultural District
does not receive final approval or in the event that such final approval
expires or is implemented without the permitted density having been
utilized, and in such event, the Township of Florence shall execute
whatever documents are necessary to cause such deed restrictions to
be removed of record.
F.
Procedure for applications involving dedication of
lands.
(1)
Any applicant for development of senior housing
who seeks to obtain a higher density by dedication of lands for public
use shall, prior to filing an application for development with a Land
Use Board, make application to Township Council for acceptance of
such lands. The application to Township Council shall be made on forms
available from the Township Clerk and shall include an accurate survey
of the lands proposed for dedication, a statement of the purpose(s)
for which the dedicated lands may be used, an analysis of the suitability
of the dedicated lands for the intended purpose(s), and all other
information required on the forms. There shall be no additional fee
for this application.
(2)
In deciding whether to accept the dedicated
lands, Township Council shall be guided by the following standards:
(a)
The location, size and accessibility of the
lands;
(b)
The usefulness of the lands for the purpose(s)
intended;
(c)
The public need for lands dedicated to such
purpose(s):
(d)
The appropriateness of the proposed public use
in light of alternative uses envisioned in the Master Plan and permitted
by ordinance; and
(e)
Such other and further standards as may be reasonable
and warranted.
(3)
Township Council shall render its decision on
whether or not to accept the proposed dedication of lands within 90
days or within such further time as may be consented to by the applicant.
Should Township Council fail to render a decision within the time
allowed by this section and extensions, if any, the dedication of
lands shall be deemed disapproved.
(4)
Acceptance by Township Council of any proposed
dedication of lands under this procedure shall be conditioned upon
the applicant obtaining approval by a Florence Township Land Use Board
of an application for development of senior housing utilizing the
density provided by such dedication. Preliminary major subdivision
approval or preliminary major site plan approval of such senior housing
development shall be obtained within one year of the date of conditional
acceptance of the dedication by Township Council or within such further
time as may be consented to by the applicant.
(5)
An applicant for development of senior housing
who receives preliminary major subdivision approval or preliminary
major site plan approval of plans utilizing density provided by dedication
of lands shall, as a condition of preliminary approval, be required
to deed over such lands to the Township of Florence at the time such
applicant receives final approval of such application or final approval
of the first section of such application, whichever occurs first.
The Land Use Board having jurisdiction over such application shall
require that the deed(s) to such lands be recorded in the Burlington
County Clerk's office prior to authorizing its Chairman and Secretary
to sign applicant`s final plans.
G.
Sunset provision. The maximum number of units of senior
housing that may be approved for development in the aggregate within
Florence Township is 500 units. At such time as an application for
development containing the 500th and final unit of senior housing
allowable under this section receives final approval from a Florence
Township Land Use Board, the right of any applicant thereafter to
apply for or receive approval of an application for development of
senior housing under this section shall automatically expire and become
null and void and of no further force and effect. At such time, the
provisions of this section shall remain effective only for the purpose
of regulating the units of senior housing then constructed or approved
for development and shall be of no further force and effect for the
purpose of development of additional units of senior housing.
