[Amended 2-15-1983 by Ord. No. 83-1]
A. Permitted uses. The following principal uses shall
be permitted in the R-40 District:
[Amended 7-24-2002 by Ord. No. 2002-10
(1) Single-family detached dwellings.
(2) Municipal parks, playgrounds and other municipal buildings
and uses as are deemed appropriate and necessary by the Borough Council.
B. Permitted accessory uses.
(1) A home occupation or a professional office in a dwelling,
provided that:
(a)
The use is conducted by a resident and does
not employ more than one nonresident of the dwelling.
(b)
The space devoted to such uses does not exceed
25% of the floor area of the structure.
(c)
All off-street parking requirements be met.
(d)
No external alterations inconsistent with the
basic residential nature of the structure shall be permitted.
(e)
There shall be no display of products or storage
of goods or materials visible from outside the building.
(f)
No more than one vehicle associated with the
home occupation or professional office shall be parked or garaged
on the premises or on a public street in the immediate proximity of
the site.
(2) Private parking garages and off-street parking areas
intended for the exclusive use of residents of the premises and visitors
thereto.
(3) Private recreational uses intended for the exclusive
use of residents and their guests; provided, however, that no fee
is charged for their use.
(4) Signs as provided for by Chapter
318, Signs.
(5) Temporary roadside stands may be erected for the sale
of garden products and garden commodities produced on the same property
where offered for sale, provided that no building or structure other
than a portable stand shall be constructed for such sale; such stand
shall be removed during the season when such products are not being
offered for sale, and in no case shall they remain longer than for
a period of six months of any one year; and, such stand shall not
be placed closer than 25 feet to any lot line.
(6) Private residential shed in accordance with §
400-10.
[Added 5-11-2005 by Ord. No. 2005-6]
(7) Other customary accessory uses and buildings, provided
that such uses are incidental to the principal use and do not include
any activity commonly conducted as a business. Any such accessory
building or use shall be located on the same lot as the principal
building.
C. Conditional uses. The following conditional uses may
be permitted when authorized as a conditional use by the Planning
Board:
[Amended 7-11-1990 by Ord. No. 90-10]
(1) Institutional uses. Churches and similar houses of
worship, parish houses, convents, monasteries and cemeteries; elementary
and secondary schools and institutions of higher learning not conducted
as a business; governmental office buildings, libraries, museums and
similar facilities operated for the benefit of the general public;
and public utility installations and facilities, provided that the
following conditions are met:
(a)
Off-street parking shall be provided pursuant to §
400-7E.
(b)
The pedestrian and vehicular circulation shall
be designed to ensure that all parking spaces are usable and are safely
and conveniently arranged, that access to the site from adjacent roads
will interfere to the least extent possible with the free flow of
traffic and shall permit a safe and rapid exit and entrance, that
pedestrians will be able to traverse parking areas to buildings in
safe and efficient manner and that the circulation plan is consistent
with municipal, county and state standards and requirements.
(c)
A twenty-five-foot-wide buffer planting strip, pursuant to the standards and location of §
400-18E(4), shall be provided.
(d)
The design of the building shall consider the
general character of the surrounding area in which it is located or
is to be located in order to achieve harmony with the existing neighborhood
and shall not adversely affect the value of property.
(e)
All structures shall be set back a minimum of
50 feet from any property line.
(f)
The maximum building coverage shall be 25% of
total lot area or the maximum permitted in the district in which it
is located or is to be located, whichever is less.
(g)
Minimum lot size for all conditional uses under
this subsection shall not be less than two acres, with the exception
of public utility facilities or operations, which shall have a minimum
lot size of 900 square feet.
(h)
All area and yard requirements not herein modified
shall apply.
(2) Planned residential developments. Planned residential
developments may be permitted, provided that the following conditions
are met:
(a)
Only single-family detached dwellings with open
space shall be permitted as a principal use.
(b)
Planned residential developments shall have
a minimum tract size of 10 acres.
(c)
All land in a planned residential development
shall be contiguous.
(d)
The maximum number of dwellings permitted in
a planned residential development shall be equal to the gross acreage
of the tract minus any land included in a Conservation District, rounded
to the nearest whole number.
(e)
A minimum of 20% of the gross acreage shall
be in open space, of which no more than 75% shall be in a Conservation
District.
(f)
Planned residential development shall be served
by public sewer and water.
(g)
Area and yard requirements. The following regulations
shall apply to all lots within the planned residential development:
[1]
Minimum lot size: 20,000 square feet, exclusive
of any portion of the lot in a Conservation District.
[2]
Minimum lot frontage at the street line: 60
feet.
[3]
Minimum lot width at the building line: 80 feet.
[4]
Maximum lot coverage: 20% of total lot area.
[6]
Minimum front yard: 50 feet.
[7]
Minimum side yards: 12 feet for one side yard,
30 feet aggregate for both side yards.
(h)
Open space requirement. The open space thereby
established shall be either acceptable for dedication to the Borough
or shall be dedicated to a homeowners' association. The homeowners'
association shall be established by the developer to provide for the
ownership and maintenance of the open space pursuant to N.J.S.A. 40:55D-43
and reviewed and approved as to form by the Planning Board and its
Solicitor. Nothing herein shall be construed as to require the dedication
of the open space for public use nor of the acceptance of such open
space by the municipality.
D. Yard, area and building requirements. Except as modified by §
400-11C, the following standards shall apply to all structures constructed in an R-40 Residential District:
[Amended 7-11-1990 by Ord. No. 90-10]
(1) Minimum lot area: 40,000 square feet, exclusive of
any portion of the lot in a Conservation District.
(2) Minimum lot frontage at the street line: 100 feet.
(3) Minimum lot frontage at the building line: 80 feet.
(4) Maximum building coverage: 15%.
[Added 2-18-2014 by Ord. No. 2014-01]
(5) Maximum lot coverage: 25%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(7) Minimum front yard: 50 feet.
(8) Minimum side yards: 25 feet each.
(9) Minimum rear yard: 75 feet.
[Amended 11-21-1978 by Ord. No. 78-12; 2-15-1983 by Ord. No.
83-1]
A. Permitted principal uses shall be the same as in an
R-40 District.
[Amended 11-12-2012 by Ord. No. 2012-05]
B. Permitted accessory uses shall be as specified for
in an R-40 District.
C. Permitted conditional uses shall be as provided for
in an R-40 District.
D. Yard, area and building requirements. Except as modified by §
400-11C, the following standards shall apply to all structures construed in an R-15 Residential District:
[Amended 7-11-1990 by Ord. No. 90-10]
(1) Minimum lot area: 15,000 square feet, exclusive of
any portion of the lot in a Conservation District.
(2) Minimum lot frontage at street line: 60 feet.
(3) Minimum lot frontage at building line: 80 feet.
(4) Maximum building coverage: 25%.
[Added 2-18-2014 by Ord. No. 2014-01]
(5) Maximum lot coverage: 40%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(7) Minimum front yard: 40 feet.
(8) Minimum side yards: 12 feet for one side yard, 30
feet aggregate for both side yards.
(9) Minimum rear yard: 30 feet.
[Amended 11-21-1978 by Ord. No. 78-12; 2-15-1983 by Ord. No.
83-1]
A. Permitted principal uses shall be the same as in an
R-40 District.
[Amended 11-12-2012 by Ord. No. 2012-05]
B. Permitted accessory uses shall be as specified in
an R-40 District.
C. Conditional uses shall be as specified in an R-40
District.
D. Yard, area and building requirements. Except as modified by §
400-11C, the following standards shall apply to all structures constructed in an R-10 Residential District:
[Amended 7-11-1990 by Ord. No. 90-10]
(1) Minimum lot area: 10,000 square feet, exclusive of
any portion of the lot in a Conservation District.
(2) Minimum lot frontage at street line: 55 feet.
(3) Minimum lot frontage at building line: 75 feet.
(4) Maximum building coverage: 30%.
[Added 2-18-2014 by Ord. No. 2014-01]
(5) Maximum lot coverage: 50%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(7) Minimum front yard: 30 feet.
(8) Minimum side yards: 10 feet for one side yard, 25
feet aggregate for both side yards.
(9) Minimum rear yard: 20 feet each.
[Added 7-21-1987 by Ord. No. 87-11;
amended 9-13-1995 by Ord. No. 95-8; amended 5-11-2005 by Ord. No. 2005-6; 5-10-2006 by Ord. No. 2006-9; 6-28-2006 by Ord. No. 2006-11]
A. Permitted uses.
(1) Single family semidetached dwellings.
B. Accessory uses and structures.
(1) Community building for the use of residents.
(2) Parks and conservation areas; open space.
(3) Indoor and outdoor recreational facilities for the
use of residents.
(4) Community swimming pool for the use of residents with
ancillary services.
(5) Off-street parking, including automobile sheds and
garages.
(7) Gazebos, mail kiosks, ornamental gatehouses and other
street furniture.
(9) Maintenance and storage building.
(10)
Signs as permitted in Chapter
318.
(12)
Accessory uses customarily incidental to a principal
use, but not to include an operational gatehouse or other means of
controlling access to and from streets.
C. Inclusionary development required. At least 15% of
the total number of units in the RLM District shall be affordable
to households of low and moderate income as defined in the Fair Housing
Act of 1985 (N.J.S.A. 52:27D-301 et seq.) and the substantive rules
of the Council on Affordable Housing (N.J.A.C. 5:94-1 et seq.), as
they may be amended or superseded. All portions of the development
that include affordable housing units shall comply with the Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.
D. General district regulations.
(1) Minimum tract size: 40 acres.
(2) Minimum tract frontage: 400 feet on an existing improved
street.
(3) Maximum density: 3.5 units per acre, up to 154 total
units.
(4) Maximum building coverage: 20% of the total tract
area.
(5) Maximum impervious coverage: 60% of total tract area.
(6) Minimum open space: 40% of total tract area, of which
no more than 85% may be land within a Conservation District.
(7) Minimum building setback from tract perimeter: 35
feet.
(8) All development shall be connected to public sewer
and water systems.
E. Community design objectives. The design of a development proposed in the RLM District shall utilize objectives and guidelines as set forth in §§
400-26C,
400-34A and
324-3A of the Code of the Borough of Gibbsboro.
F. Area, yard and building requirements.
(1) Single-family semidetached dwelling.
(a)
Minimum lot area: 3,000 square feet.
(b)
Minimum lot frontage: 30 feet.
(c)
Minimum lot width: 30 feet.
(d)
Minimum front yard: 20 feet.
(e)
Minimum side yard: zero feet, one side; 12 feet,
other side.
(f)
Minimum rear yard: 30 feet.
(g)
Maximum building coverage: 40%.
[Added 2-18-2014 by Ord. No. 2014-01]
(h)
Maximum lot coverage: 60%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(i)
Maximum building height: 35 feet or 2 1/2
stories.
(2) Duplex dwelling.
(a)
Minimum lot area: 4,000 square feet.
(b)
Minimum lot frontage: 30 feet.
(c)
Minimum lot width: 30 feet.
(d)
Minimum front yard: 20 feet.
(e)
Minimum side yard: five feet, one side; 12 feet
other side.
(f)
Minimum rear yard: 30 feet.
(g)
Maximum building coverage: 40%.
[Added 2-18-2014 by Ord. No. 2014-01]
(h)
Maximum lot coverage: 60%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(i)
Maximum building height: 35 feet or 2 1/2
stories.
(3) Townhouses on individual lots.
(a)
Minimum lot area: 2,000 square feet.
(b)
Minimum lot frontage: 20 feet per unit.
(c)
Minimum lot width: 20 feet per unit.
(d)
Minimum front yard: 28 feet for units with garages;
15 feet for units without garages.
(e)
Minimum side yard: zero feet for a common wall;
15 feet otherwise.
(f)
Minimum rear yard: 20 feet.
(g)
Maximum building coverage: 70%.
[Added 2-18-2014 by Ord. No. 2014-01]
(h)
Maximum lot coverage: 80%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(i)
Maximum building height: 35 feet or 2 1/2
stories.
(j)
Maximum number of units per building: eight.
(k)
Townhouse units attached on a single linear
plane shall not exceed a length of 192 feet.
(l)
Each townhouse shall have a rear yard for private
use of at least 200 square feet.
(4) Municipal use standards shall follow the area and
yard requirements of the C-1 District.
(5) Townhouse building separation requirements. Where
fee simple or individual lots are not proposed, the following building
separation requirements shall be required:
(a)
The front of one building to the front of another
building: 50 feet.
(b)
The front of one building to the side of another
building: 45 feet.
(c)
The front of one building to the rear of another
building: 50 feet.
(d)
The side of one building to the side of another
building: 30 feet.
(e)
The side of one building to the rear of another
building: 45 feet.
(f)
The rear of one building to the rear of another
building: 50 feet.
(6) Accessory building requirements.
(a)
Minimum separation distance from another building:
15 feet.
(b)
Maximum height.
[1]
Community or management building: 28 feet.
[2]
Maintenance building: 24 feet.
[3]
All other buildings: 15 feet.
G. Interior streets and parking area requirements. The
following requirements shall apply to any interior street, whether
public or private, and parking areas.
(1) The minimum distance of a principal building to an
interior street (curbline or edge of cartway in the absence of curbs)
shall be 20 feet for the front and rear of the building and 15 feet
each for the sides of the building.
(2) Parking lot setbacks:
(a)
Thirty-five feet from tract perimeter.
(b)
Twenty-five feet from an internal street.
(3) Ten feet from a building and fenced recreation area
with perpendicular stalls, six feet from a building with parallel
stalls. This requirement shall not apply to parking situated within
a building.
(4) Parking requirements shall be as calculated in accordance
with N.J.A.C. 5:21-4.14.
H. Refuse and recyclables. Refuse collection stations,
including provisions for the collection of recyclable materials, shall
be provided. Such stations shall be located for the residents' convenience.
All such structures shall be compatibly designed with the architecture
of the adjacent buildings. A landscaping bed at least four feet wide
shall surround three sides of this structure planted at a height of
at least six feet, with a mature growth of at least eight feet in
height.
I. Community building. Where community rooms are not
provided within principal multifamily buildings, the development shall
include a separate community building that may include, but not be
limited to, cooking and eating facilities, social activity room, management
offices, indoor recreation, locker rooms, mail room, and snack bar.
Where community buildings are required, the following requirements
shall be met:
(1) The community building shall contain a minimum floor
area equal to or greater than 15 square feet per dwelling within the
development.
(2) Parking for the community building shall equal one
space for each 250 square feet of floor area.
(3) The community building shall be open for occupancy
and use prior to the issuance of more than half of the total certificates
of occupancy for dwelling units within the development.
(4) The community building may be used as a sales office
until 90% of the total certificates of occupancy to be issued have
been issued.
J. Facilities for pedestrians and bicyclists.
(1) Pedestrian sidewalks shall be provided throughout
the development, interconnecting all units with community facilities
and active open space and in such locations, including entrances and
exits, where normal pedestrian traffic will occur.
(2) Where appropriate, bikeways may be provided instead
of sidewalks. Provision of bikeways along streets shall be made upon
determination and requirement by the board of jurisdiction and the
Master Plan. The development shall be designed to connect to any existing
bikeway within 400 feet of the proposed development, provided that
access can be obtained via an existing right-of-way or easement.
(3) Bike racks shall be provided where there are 24 or
more units in a building or group of buildings that create a concentration
of dwelling units.
K. Open space requirements. Open space within an RLM
development shall be designed and located according to the following
standards:
(1) Open space should be contiguous wherever possible.
(2) Open space should preserve the natural features of
the site.
(3) Open space should be designed for both active and
passive recreational facilities within easy access and walking distance
of all residents and users of the development. The applicant shall
designate on the submitted plans area(s) for active and passive recreation
and conservation areas.
(4) The applicant shall propose recreational facilities for the RLM development based on its projected population in accordance with §
358-20C(4) of the Code of the Borough of Gibbsboro. Population projections shall be based on accepted planning standards for the type of residential unit proposed. An applicant may submit and the Planning Board may approve an alternative active recreation plan other than that required pursuant to §
358-20C(4) appropriate for the purposes of the RLM development.
L. Additional site and building requirements.
(1) The proposed development shall be designed as, or
as a part of, a unified single architectural scheme and shall minimize
any exterior differences between affordable housing dwellings and
market rate dwellings.
(2) No more than 50% of the units in any one structure
may be designated for low- and moderate-income households, unless
this requirement is specifically waived by the board of jurisdiction
as a condition of site plan or subdivision approval. Regardless of
whether this requirement is waived as to any specific structure, it
is the intent of this section that low- and moderate-income units
shall be evenly dispersed throughout the entire development.
(3) In order to encourage an attractive building arrangement,
variations in the setback or alignment of buildings erected on the
same general plane or attached to one another shall be deemed desirable;
parallel arrangements of buildings shall be avoided, and variation
in such things as the facade, width, color, exterior materials and
rooflines shall be encouraged.
(4) All parking areas and walkways shall be illuminated
at night in accordance with the Borough's promulgated design standards.
M. Phasing. Any phasing schedule shall be approved by
the board of jurisdiction to ensure that the timing of development
shall be consistent with the requirements for the concurrent development
of affordable housing units, development of infrastructure and supporting
services. If a staging or phasing plan is proposed for the development,
the recreation plan shall also be staged to provide adequate active
recreation facilities appropriate for the population or use of each
phase.
N. Development agreement. The implementation of an approved
development plan shall be guaranteed by a municipal development agreement
between the Borough, and the applicant which shall set forth all the
conditions of approval and the rights and obligations of both parties
with respect to the timing, cost, guaranty and responsibility of providing
the required affordable housing, on-tract and off-tract improvements
necessary for the development and the provision of open space.
[Added 5-24-1995 by Ord. No. 95-4]
A. Purpose. The purpose of the Age-Restricted Zoning
District is to provide the opportunity to fulfill the growing needs
of an aging population for smaller, single-family detached housing
on smaller lots, thereby allowing senior citizens to remain in their
community when changing residences, yet reducing housing costs and
maintenance responsibilities.
B. Community design objectives. The design of a development proposed in the AR-1 District shall utilize the objectives and guidelines as set forth in §§
400-26C,
400-34A and
324-3A of the Code of the Borough of Gibbsboro in order to create a neighborhood with a consistent architectural scheme among its buildings and infrastructure, the preservation of natural features, including environmentally sensitive lands, with integrated recreation or open space land within reasonable walking distance of all dwelling units and other considerations of site planning.
C. Permitted uses.
(1) Single-family detached housing within an age-restricted
community.
D. Accessory uses.
(1) Gatehouses, guardhouses or other similar security
buildings as approved by the Planning Board.
(2) Social, cultural or recreational buildings, including
administrative offices associated with the same, primarily for the
use of residents of the age-restricted community.
(3) Storage facilities for maintenance equipment.
(4) Other accessory uses customarily incidental to a principal
use.
E. Yard, area and building requirements.
(1) Minimum tract area: 10 acres of contiguous land.
(2) Maximum tract density: three dwelling units per gross
acre.
(3) Minimum lot size: 5,000 square feet, exclusive of
any area within a Conservation District.
(4) Minimum lot frontage at street line: 30 feet.
(5) Minimum lot width at the building line: 40 feet.
(6) Minimum front yard: 20 feet.
(7) Minimum side yards: five feet for one yard and an
aggregate of 15 feet for both side yards.
(8) Minimum rear yard: 20 feet.
(9) Maximum building coverage: 55%.
[Added 2-18-2014 by Ord. No. 2014-01]
(10)
Maximum lot coverage: 65%.
[Added 2-18-2014 by Ord. No. 2014-01]
(11)
Maximum building height: 35 feet.
(12)
Landscape buffer. All yard areas or setback
lines abutting or adjacent to a county road shall be increased an
additional 25 feet in width or depth, as the case may be. The area
so increased shall be liberally planted with high and low plant material
to create a landscape buffer adjacent to the street line.
F. Recreation and open space. Recreation and open space necessary for the general welfare of the residents of any development in the AR-1 District shall be provided in accordance with §
358-20 of the Code of the Borough of Gibbsboro, except that the percentage of land set aside for such purposes shall be a minimum of 20% of the gross tract acreage.
G. Alternative recreation plan. An applicant may propose
and the Planning Board may approve an alternative plan for recreation
otherwise required suitable for an age-restricted community, including
but not limited to payments in lieu of facilities.
H. No gatehouse, guardhouse or other means of restricting
access to publicly dedicated streets shall be permitted.
[Added 9-13-1995 by Ord. No. 95-8]
A. Purpose. The purpose of the Age-Restricted Zoning
District is to provide the opportunity to fulfill the growing needs
of an aging population, including households of low- and moderate-income,
for smaller, single-family detached housing on smaller lots, thereby
allowing senior citizens to remain in their community when changing
residences, yet reducing housing costs and maintenance responsibilities.
B. General district regulations. Age-Restricted 2 residential
developments shall be permitted as designated on the official Zoning
Map as an overlay district where, if the general regulations are met,
an applicant may file an application for development under the standards
of this section. In the AR-2 Overlay District, the following general
regulations shall apply:
(1) Minimum gross acreage of tract: 10 acres.
(2) Maximum gross residential density: four units per
acre.
(3) Minimum required open space. A minimum of 20% of the
gross acreage of the planned unit development shall be set aside for
common open space and recreation or public open space and recreation.
(4) Public water and sewer. All AR-2 overlay districts
shall be served by public water and public sanitary sewer.
(5) A minimum of 15% of the total number of housing units shall be restricted to persons of low and moderate income pursuant to Article
VI, Affordable Housing Procedural and Eligibility Requirements.
C. Permitted uses. A building or buildings may be erected,
altered or used and a lot may be occupied or used for any of the following
purposes or combination of purposes:
(1) Single-family detached housing within an age-restricted
community.
D. Accessory uses.
(1) Gatehouses, guardhouses or other similar security
buildings as approved by the Planning Board.
(2) Social, cultural or recreational buildings, including
administrative offices associated with the same, primarily for the
use of residents of the age-restricted community.
(3) Storage facilities for maintenance equipment.
(4) Other accessory uses customarily incidental to a principal
use.
E. Yard, area and building requirements.
(1) Minimum tract area: 10 acres of contiguous land.
(2) Maximum tract density: four dwelling units per gross
acre.
(3) Minimum lot size: 5,000 square feet, exclusive of
any area within a Conservation District.
(4) Minimum lot frontage at street line: 30 feet.
(5) Minimum lot width at the building line: 40 feet.
(6) Minimum front yard: 20 feet.
(7) Minimum side yards: five feet for one yard and an
aggregate of 15 feet for both side yards.
(8) Minimum rear yard: 20 feet.
(9) Maximum building coverage: 55%.
[Added 2-18-2014 by Ord. No. 2014-01]
(10)
Maximum lot coverage: 65%.
[Added 2-18-2014 by Ord. No. 2014-01]
(11)
Maximum building height: 35 feet.
(12)
Landscape buffer. All yard areas or setback
lines abutting or adjacent to a county road shall be increased an
additional 25 feet in width or depth, as the case may be. The area
so increased shall be liberally planted with high and low plant material
to create a landscape buffer adjacent to the street line.
F. Alternative recreation plan. An applicant may propose and the Planning Board may approve an alternative plan for recreation otherwise required pursuant to §
358-20 of the Code of the Borough of Gibbsboro suitable for an age-restricted community, including, but not limited to, payments in lieu of facilities.
G. No gatehouse, guardhouse or other means of restricting
access to publicly dedicated streets shall be permitted.
[Added 10-11-2017 by Ord.
No. 2017-09]
A. Purpose. The purpose of the Townhouse Residential District is to
promote the redevelopment of portions of the historic center of Gibbsboro
for housing around Silver Lake thereby strengthening it as the center
of the town where a concentration of population will support economic
development and the creation of new businesses.
B. Permitted principal uses. The following principal uses shall be permitted
in the R-TH Townhouse Residential Zone:
C. Accessory uses and structures. The following accessory uses and structures
shall be permitted as follows:
(1) Community building for the use of residents.
(2) Parks and conservation areas; open space.
(3) Indoor and outdoor recreational facilities for the use of residents.
(4) Community swimming pool for the use of residents.
(5) Off-street parking, including automobile garages for residents' use.
(6) Fences and walls; other streetscape elements.
(7) Gazebos, mail kiosks, ornamental gatehouses and other street furniture.
(9) Maintenance and storage building.
(10)
Signs, as permitted in Chapter
318.
(12)
Accessory uses customarily incidental to a principal use.
D. General District regulations.
(1) Minimum contiguous tract area: 1.5 acres.
(2) Minimum tract frontage: 400 feet on an existing improved street.
(3) Maximum density.
(a)
In the entire zoning district: 12 units per acre.
(b)
Any one contiguous tract: 14 units per acre.
(4) Maximum impervious coverage: 70% of total zoning district area.
(5) Townhouse ratio and location requirements.
(a)
Maximum percentage of townhouses less than 24 feet wide: 40%
of zone total
(b)
No townhouse less than 24 feet wide shall be located southeast
of Silver Lake.
(6) No residential principal or accessory structure shall be located
within 50 feet of the edge of water of Silver Lake.
(7) Access to garages shall be to the rear of the townhouse, except for
townhouses with a width of at least 28 feet.
(8) Accessory buildings shall not be located in a front yard.
(9) Any pathways for the use by the general public and not in a public
right-of-way shall be placed in a public access easement of a width
appropriate for the width of the pathway and reasonable clearances
therefrom.
(10)
All development shall be connected to public sewer and water
systems.
E. Area, yard, coverage regulations for fee simple lots.
(1) Minimum lot area.
(a)
20- to <24-foot-wide townhouses: 800 square feet.
(b)
24- to <28-foot-wide townhouses: 960 square feet.
(2) Minimum lot frontage shall equal the width of the townhouse, and 20 feet for Subsection
C(1),
C(4),
C(8) and
C(9) uses.
(3) Minimum front yard setback:
(a)
From an existing right-of-way.
[1]
Exterior house wall with no porch: 10 feet.
[2]
Exterior house wall with porch: 15 feet.
[3]
Porch setback from right-of-way: 8 feet.
[4]
Stoops shall be permitted to encroach into the front yard setback.
[5]
Other projections into the front yard, including but not limited
to, bay windows, chimneys, cornices, and pent roofs, shall not exceed
two feet in depth.
(b)
From a proposed public or private right-of-way (r.o.w.): 10
feet.
(c)
From the edge of a cartway where no r.o.w. is proposed: 12 feet.
(5) Minimum rear yard: 5 feet, excepting patios, steps and cellar access
doors.
F. Maximum principal building height: 46 feet or 3 1/2 stories.
G. Building separation distances for condominium ownership.
(1) The front of one building to the front of another building:
(a)
Separated by a public or private street: 50 feet.
(b)
Separated by a public or private pedestrian way: 30 feet.
(2) The front of one building to the side of another building: 40 feet.
(3) The front of one building to the rear of another building: 50 feet.
(4) The side of one building to the side of another building: 20 feet.
(5) The side of one building to the rear of another building: 30 feet.
(6) The rear of one building to the rear of another building: 30 feet.
H. Townhouse units attached on a single linear plane shall not exceed
a length of 160 feet, measured along the front facade.
I. Accessory residential building requirements.
(1) Minimum separation distance from principal building: 15 feet.
(2) Minimum separation distance from another accessory building: 6 feet.
(3) Minimum side yard.
(a)
When conjoined to another accessory building: 0 feet.
(b)
When separated from another accessory building: 3 feet.
(4) Minimum distance to rear yard: 5 feet.
J. Accessory common building requirements.
(1) Maximum height.
(a)
Community or management building: 28 feet.
(b)
Maintenance building: 24 feet.
(c)
All other buildings: 15 feet.
K. Interior streets and parking area requirements. The following requirements
shall apply to any interior street, whether public or private, and
parking areas.
(1) In the Townhouse Residential Zone, if a public or private r.o.w.
or cartway with a similar function is located adjacent to Block 7.04,
Lots 19.07 and 19.08, with no intervening residential buildings, an
access easement shall be provided to those lots allowing access to
such public or private r.o.w., provided that an equal sharing of the
costs of maintenance is agreed to by the beneficial owners and that
the use is residential. Locations where no access is required shall
be suitably landscaped to screen the street or alley from the tract
perimeter.
(2) Parking lot requirements.
(a)
Parking lots shall be no closer than 10 feet to the tract perimeter.
Parking lots along the perimeter of a tract shall be screened from
public view by dense landscaping.
(b)
Parking requirements shall be as calculated in accordance with
N.J.A.C. 5:21-4.14, unless approved by the Planning Board as a de
minimis exception to the Residential Site Improvement Standards.
(c)
Standard parking spaces shall be nine feet by 18 feet in dimension.
Barrier-free spaces shall conform to N.J.A.C. 5:21. Construction specifications
shall be as required by Borough standard.
L. Required covenants. Appropriate covenants limiting outdoor storage
shall be proposed by the applicant and approved as determined by the
Planning Board in the course of the general development plan, site
plan, or subdivision approval process.
M. Community building. When a community building for the common use
of residents is proposed, it shall conform to the following criteria:
(1) The community building shall contain a minimum floor area equal to
or greater than 15 square feet per dwelling within the development.
(2) Parking for the community building shall equal one space for each
250 square feet of floor area.
(3) The community building shall be open for occupancy and use prior
to the issuance of more than half of the total certificates of occupancy
for dwelling units within the development.
(4) The community building may be used as a sales office until 90% of
the total certificates of occupancy to be issued have been issued.
N. Facilities for pedestrians and bicyclists.
(1) Pedestrian sidewalks shall be provided throughout the development,
interconnecting all units with community facilities and active open
space and in such locations, including entrances and exits, where
normal pedestrian traffic will occur with specific attention paid
to connecting the internal system to street sidewalks and the Silver
Lake path.
(2) Provision of dual-use pedestrian and bicyclist pathways shall be
developed in accordance with the streetscape standards and bicycle
system of the Borough. The development shall be designed to connect
to any existing or planned pedestrian path system as depicted on the
Borough bikeway system map. The dual-use pathways shall be separated
from the curb, or in the absence of a curb, the edge of cartway, by
a minimum of five feet.
(3) Bike racks shall be provided where there are 24 or more units in
a building or group of buildings that create a concentration of dwelling
units.
O. Open space requirements. Open space within an R-TH District development
shall be designed and located according to the following standards:
(1) Open space should be contiguous wherever possible. Open space should
be arranged in the layout of the development to preserve the natural
features of the site to the extent feasible.
(2) Open space should be designed for passive recreational facilities
within easy access and walking distance of all residents and users
of the development. The applicant shall designate on the submitted
plans area(s) for passive recreation and conservation areas.
(3) Open space that forms the edge of Silver Lake shall be retained in
its natural state with the exception of pedestrian/bicycle interconnections
and necessary stormwater outfall utilities.
P. Additional site and building requirements.
(1) The proposed development shall be designed with a unified single
architectural scheme consistent with the historical standards of the
Borough of Gibbsboro.
(2) In order to encourage an attractive building arrangement, variations
in the setback or alignment of buildings erected on the same general
plane or attached to one another shall be deemed desirable and variation
shall be encouraged with the bounds of the stylistic conventions of
the Gibbsboro Historic District.
(3) All parking areas and walkways shall be illuminated at night in accordance
with the Borough's promulgated design standards.
Q. Phasing. Any phasing schedule shall be approved by the Board of Jurisdiction
to ensure that the timing of development shall be consistent with
the requirements for the provision of infrastructure and supporting
municipal services.
R. Development agreement. The implementation of an approved site plan
or subdivision shall be guaranteed by a municipal development agreement
between the Borough and the applicant which shall set forth all the
conditions of approval and the rights and obligations of both parties
with respect to the timing, cost, guaranty and responsibility of on-tract
and off-tract improvements necessary for the development and the provision
of open space.
[Amended 12-20-1977 by Ord. No. 77-14; 2-15-1983 by Ord. No.
83-1]
A. Purpose. SCO Shopping Center/Office Districts are
designed primarily to make special provision for modern, well planned
and integrated uses such as shopping centers, campus-type office parks,
corporate headquarters and similar attractive large-site, low-density,
moderate-lot-coverage development in areas of the Borough where traditional
small single-use business development would be less appropriate.
B. Permitted uses. The following uses, and no others, shall be authorized in these districts only after approval of site plans by the Planning Board in accordance with the procedures of this chapter, Specifically, no building in an SCO District shall be used for open-area sales operations or open-area service operations such as flea markets, bazaars, open markets, farmers' markets or other markets or areas where sales of two or more kinds of goods or services take place within areas not complying with the requirements for enclosure of this subsection, except by temporary permit as provided in Subsection
C.
(1) A planned shopping center or shopping mall, designed
as a single architectural unit or scheme, with appropriate common
landscaping and parking. Such shopping center or mall may include
retail department stores, other retail stores and personal service
shops customarily identified with shopping centers, restaurants, theaters
and offices uses, provided that the initial construction of such center
shall include at least 16,000 square feet of ground floor area and
a minimum of four separate retail stores or other permitted uses.
Each individual retail sales or personal service use shall be located
in an attached, semidetached or detached structure with a separate
entrance or entrances from the outdoors or from a common area of the
mall, in accordance with the Building Code of the Borough of Gibbsboro, provided that every individual
retail sales or personal service use located within a mall-type structure
or otherwise permissible structure shall not have more than two sides
open nor be constructed of other than fire-resistant partitions from
floor to ceiling.
(2) A single retail department store containing at least
16,000 square feet of ground floor area.
(3) An office building for administrative, executive or
professional offices; corporate headquarters office building or training
center; and a telephone central office, telegraph or other public
utility office.
(4) An insurance company, bank or other financial institution.
(5) A restaurant or cafeteria which is one of a group
of uses in a shopping center or which is part of a retail department
store; and a restaurant, cafeteria or dining room as an accessory
use to a permitted use and which is designed and used primarily for
the employees or occupants of the permitted use. All preparation,
serving and consumption of food or drink shall be done within said
restaurant use, and such use shall not be interpreted to include drive-in
restaurants or refreshment stands where customers and patrons are
served food or drinks for immediate consumption outside the building
in which the business is conducted.
(6) Indoor recreational facilities.
[Added 7-11-1990 by Ord. No. 90-12]
(7) Signs as provided for by Chapter
318, Signs.
(8) Accessory uses on the same lot with and customarily
incidental to any of the above permitted uses, including indoor storage
of inventory items and materials used in permitted operations.
C. Conduct and maintenance. Neither the owner, lessee,
sublessee, assignee, entity charged with operation, management or
maintenance of the premises, occupant or other user of any lands so
used shall cause or permit any of the following upon any part of said
lands:
(1) The sale, display or storage of merchandise or goods,
the performance of any commercial service or any sales or solicitation
of sales on parking lots, parking areas, sidewalks, walkways or otherwise
outside the confines of buildings or enclosures, except as may be
permitted by the Planning Board upon application for same.
(2) Vending machines of any kind installed or operated
out of doors, except such telephone facilities and postal facilities
and devices as may be permitted by the Planning Board on application
for same.
(3) An outdoor public address system, loud speaker and
sound emanating from same, even though located indoors.
(4) Outdoor advertising promotions, including aerial balloons,
except for the following:
(a)
Signs otherwise authorized by this chapter.
(b)
Traditional holiday decorations.
(c)
Such specific outdoor advertising and promotions
as may, in particular cases and on particular occasions, be permitted
by the Planning Board upon application for same.
(5) Any outdoor circus, amusement ride, game, show, exhibit,
fireworks, racing of any type, including model airplanes, and all
other outdoor events except as may be permitted by the Planning Board
upon application for same.
(6) Use of outdoor sidewalks other than exclusively for
pedestrian traffic.
(7) Lack or omission of full maintenance, repair and cleanliness
of all sidewalks, roadways, parking areas, buffer strips, lawns and
other planting areas, all of which are to be kept clean by daily removal
of litter or refuse of any type; every marking designating any parking
area shall be kept in good condition and repainted or remarked regularly
so as to be clear and conspicuous in its entirety; lawns, buffer strips
and other grass areas, except such areas as may be left fully undeveloped
and in a natural state, shall be mowed regularly so that all such
grass is at no time more than five inches in height.
(8) Disrepair of any fence along the perimeter of such
lands and buffer areas.
D. Area and yard requirements.
(1) Except as modified by Article
IX, the following standards shall apply to all structures in an SCO District:
[Amended 2-15-1983 by Ord. No. 83-1]
(a)
Minimum lot area: 1 1/2 acres.
(b)
Minimum lot frontage at street line: 300 feet.
(c)
Minimum lot frontage at building line: 240 feet.
(d)
Maximum building coverage: 40%.
[Added 2-18-2014 by Ord. No. 2014-01]
(e)
Maximum lot coverage: 80%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(g)
Minimum front yard: 50 feet.
(h)
Minimum side yards: 25 feet; if adjacent to
a residential use, twice the height of the main building or 25 feet,
whichever is more.
(i)
Minimum rear yard: 30 feet; if adjacent to a
property in residential use, twice the height of the main building
or 30 feet, whichever is greater.
(3) Except at points of vehicular access, a planting strip
at least 15 feet wide, as measured from street or property lines,
shall be provided.
(4) Along any residence district boundary line, a buffer
yard of not less than 25 feet shall be provided, which shall be used
only as a planting area on which hedge, evergreens, shrubbery or other
suitable plantings shall be provided and maintained. The twenty-foot
portion nearest the residence district shall be planted with material
at least five feet in height at the time of planting and shall constitute
an effective sight and sound screen. The remaining buffer area may
be in lawn or other suitable landscaping. Where a boundary line between
an OTP or SCO District and a residence district is within a street
right-of-way, the required buffer yard shall be provided along the
property line of the OTP or SCO District. The above buffer and landscaping
requirements may be waived or modified by the Planning Board or Board
of Adjustment at the time of site plan review whenever existing barriers,
such as parks, streams or other natural features, serve as an effective
buffer between the two types of districts.
[Amended 6-21-1983 by Ord. No. 83-10]
(5) Where more than one building as a main use is located
on a lot, all such buildings shall be situated on the lot in such
a way that each will comply with area and yard requirements in the
event of subsequent subdivision of the lot. The Planning Board may
waive this requirement where buildings are separate but planned for
use in a coordinated operation under single direction or in other
circumstances where application of this requirement is not practicable
and would not violate the intent of this provision.
E. Height restrictions and regulations. No building shall
exceed 35 feet in height, provided that auxiliary structures, the
use of which is incidental to a permitted use, shall not be subject
to this regulation.
[Added 2-15-1983 by Ord. No. 83-1]
A. Purpose. OTP Office/Technical Park Districts are designed
primarily to make special provision for modern, well planned and integrated
uses such as campus-type office parks, corporate headquarters, research
and development centers and similar attractive large-site, low-density,
moderate-lot-coverage development in areas of the Borough where traditional
small single-use business development would be less appropriate.
B. Permitted uses. A building may be erected or used
and lot may be used or occupied for any of the following permitted
purposes only:
[Amended 8-26-1992 by Ord. No. 92-13; 3-9-2005 by Ord. No.
2005-3]
(1) Business and administrative offices, but not to include medical uses or offices as listed in §
400-8B.
(2) A scientific research, engineering, testing or experimental
laboratory or similar establishment for research product and development,
provided that there is no commercial production of storage of any
commodity, material, or substance, except for incidental indoor storage
for such establishments.
(3) Real estate and insurance offices.
(4) Offices for manufacturer's representatives.
(5) Copying, photographic and reproduction services.
(6) Office equipment sales and services.
(7) Mailing and packaging services.
(8) Data processing and call center.
C. Accessory uses. Any of the following uses may be permitted
when used in conjunction with a principal use or uses:
[Amended 8-26-1992 by Ord. No. 92-13]
(1) Day-care facility, provided that it is duly licensed
by the State of New Jersey.
(2) Indoor recreational facility.
(3) Accessory uses on the same lot and customarily incidental
to the principal use.
D. Conditional uses. The following uses may be permitted when authorized as a conditional use by the Planning Board pursuant to §
400-13 of the Code of the Borough of Gibbsboro:
[Amended 8-26-1992 by Ord. No. 92-13]
(1) Restaurants and taverns, provided that the following
conditions are met:
(a)
The restaurant operates primarily as an establishment
that provides table service to patrons.
(b)
An adequate landscape screen shall be established
that blocks views of loading and unloading areas and trash or garbage
disposal areas from public view.
(c)
Freestanding restaurants and taverns shall conform
to the following area, yard, height and coverage requirements:
[1]
Minimum lot area: 20,000 square feet.
[2]
Minimum lot frontage: 100 feet.
[3]
Maximum building coverage: 40% of the total
lot area.
[4]
Maximum impervious coverage: 75% of the total
lot area.
[5]
Minimum front yard: 30 feet in depth.
[6]
Minimum side yard: 20 feet in width.
[7]
Minimum rear yard: 25 feet in depth.
[8]
Parking area setback: No parking area shall
be permitted within 30 feet of a street line or 10 feet of any other
property line or building.
(2) Retail banking or other financial institution, provided
that the following conditions are met:
(a)
No drive-in facility shall be permitted in a
front yard.
(b)
Each drive-in facility shall have sufficient
room for vehicle stacking such that no vehicle shall block parking
area aisles or intrude into a right-of-way.
(c)
Each drive-in facility shall provide a bypass
lane.
(d)
Automatic teller machines, excluding those in
drive-in facilities, shall be readily visible to passersby.
(e)
Freestanding banks or other financial institutions
shall conform to the following area, yard, height and coverage requirements:
[1]
Minimum lot area: 15,000 square feet.
[2]
Minimum lot frontage: 80 feet.
[3]
Maximum building coverage: 30% of the total
lot area.
[4]
Maximum impervious coverage: 80% of the total
lot area.
[5]
Minimum front yard: 30 feet in depth.
[6]
Minimum side yard: 15 feet in width.
[7]
Minimum rear yard: 20 feet in depth.
[8]
Parking area setback: no parking area shall
be permitted within 30 feet of a street line or 10 feet of any other
property line or building.
(3) Warehousing and distribution of products as accessory
to a principal use, provided that the following conditions are met:
[Added 3-9-2005 by Ord. No. 2005-3]
(a)
No more than 30% of the total floor area of
the use is used for warehousing and distribution.
(b)
At least 75% of the material warehoused or distributed
is produced by the business entity or an affiliated company.
E. Area, yard, height and building coverage requirements. Except as modified by Article
IX or §
400-21D, the following standards shall apply to all buildings in the OTP District:
[Amended 8-26-1992 by Ord. No. 92-13]
(1) Minimum lot area: two acres.
(2) Minimum lot frontage: 200 feet.
(3) Maximum building coverage: 40% of the total lot area.
(4) Maximum impervious coverage: 75% of the total lot
area.
(5) Minimum front yard: 50 feet in depth.
(6) Minimum side yard: 25 feet in width; if adjacent to
a residential use, twice the height of the principal building or 25
feet, whichever is greater.
(7) Minimum rear yard: 30 feet; if adjacent to a residential
use, twice the height of the principal building or 30 feet, whichever
is greater.
(8) Parking area setback: No parking area shall be permitted
within 30 feet of the tract perimeter.
(9) Maximum height: 35 feet, except that a building may
be increased to a maximum of 50 feet, provided that, for each one-foot
increase in height above 35 feet, each required yard shall be increased
by one foot.
F. Each principal building permitted under §
400-21B shall be a minimum of 20,000 gross square feet.
[Added 8-26-1992 by Ord. No. 92-13]
G. Conduct and maintenance shall be provided pursuant to §
400-20C.
[Added 8-26-1992 by Ord. No. 92-13]
H. Any development in the OTP District shall be subject to the requirements of §
400-20D(3) through
(5), inclusive.
[Added 8-26-1992 by Ord. No. 92-13]
[Added 8-21-1984 by Ord. No. 84-20]
A. Permitted uses.
(1) General business or governmental office.
(2) Any use permitted in the R-15 Residential District.
B. Uses permitted as a special exception. Any use permitted by right in an OTP District may be approved by the Zoning Board of Adjustment as a special exception, subject to the provisions of §
400-71, provided that the Board of Adjustment finds that the provision of said use will not adversely affect residential development.
C. Permitted accessory uses.
(1) Off-street parking lots or garages, including such
uses which may be accessory to principal uses located within 500 feet
but not necessarily located within the OR District.
D. Area, yard and building requirements. Except as modified by Article
IX, the following standards shall apply to all structures in an OR District:
(1) Minimum lot area (principal uses):
(a)
Residential uses: 15,000 square feet.
(b)
All other uses: 1/2 acre.
(2) Minimum lot frontage:
(a)
Residential uses: 100 feet.
(b)
All other uses: 150 feet.
(3) Maximum building coverage: 20%.
[Added 2-18-2014 by Ord. No. 2014-01]
(4) Maximum lot coverage: 60%.
[Amended 2-18-2014 by Ord. No. 2014-01]
(5) Maximum building height: 35 feet.
(6) Minimum front yard setback: 40 feet.
(7) Minimum side yard setback.
(a)
Residential uses: 20 feet each.
(b)
All other uses: 30 feet each.
(8) Minimum rear yard setback: 30 feet.
E. Buffer requirements:
(1) Any use, other than a residential use, shall provide
a twenty-foot-wide buffer planting strip along all perimeters adjacent
to a residential use.
(2) The buffer planting strip shall occupy a portion of
the required yard area and shall be landscaped for its full width
so as to provide both a high and low level screen of sufficient density
and height to constitute an effective and immediate visual screen
and to protect abutting property.
(3) The required screen shall be permanently maintained
and shall consist of a planting of dense evergreens or a compact evergreen
hedge.
(4) The high-level screen shall consist of evergreen trees,
or equal, planted with specimens having an initial height of not less
than five feet and planted at intervals of not more than 10 feet on
centers.
(5) The low-level screen shall consist of evergreen shrubs
or equal, planted at an initial height of not less than two feet and
spaced at intervals of not more than five feet on centers. The low-level
screen shall be planted in alternating rows to produce a more effective
screen.
(6) Plantings which do not survive shall be replaced.
(7) Existing perimeter vegetation may be utilized, at
the discretion of the Borough, to satisfy all or a portion of this
requirement.
[Added 8-26-1992 by Ord. No. 92-13]
A. Purpose. The purpose of the PO Professional Office
District is to provide for office and accessory uses on small lots
on county roads which shall provide a transitional zone between residential
uses and the impacts of high volumes of traffic.
B. Permitted uses. A building may be erected or used
and a lot may be used or occupied for any of the following permitted
purposes and no other:
(1) Offices of a recognized profession, including but
not limited to medicine, social services, finance, accounting, real
estate, insurance, law, engineering, architecture and planning.
(2) Offices of a public or quasi-public agency, including
but not limited to local, state or federal administrative offices,
public utility offices or similar use.
(3) General business offices, but not to include exterior
display areas for goods or services or outdoor storage.
(4) Financial institutions chartered under state or federal
law.
(5) Day-care facility, provided that it is duly licensed
by the State of New Jersey.
C. Accessory uses. Any of the following uses may be permitted
when used in conjunction with a principal use.
(1) Signs, when in conformance with Chapter
318 of the Code of the Borough of Gibbsboro.
(2) Accessory uses on the same lot and customarily incidental
to the principal use.
D. Conditional uses. The following uses may be permitted when authorized by the Planning Board pursuant to §
400-12 of the Code of the Borough of Gibbsboro:
(1) News shops, provided that the following conditions
are met:
(a)
The news shop is designed to primarily serve
the office users on site.
(b)
The news shop is not in a freestanding structure
but is an integrated part of an office building.
(2) Snack shops, provided that the following conditions
are met:
(a)
The snack shop is designed to primarily serve
the office users on site.
(b)
No food preparation occurs on site.
(c)
The snack shop is not in a freestanding structure
but is an integrated part of an office building.
E. Area, yard, height and coverage requirements.
(1) Minimum lot size: one acre.
(2) Minimum lot frontage: 120 feet.
(3) Minimum lot width: 100 feet.
(4) Maximum building coverage: 30% of the total lot area.
(5) Maximum impervious coverage: 75% of the total lot
area.
(6) Maximum height: 35 feet or 2 1/2 stories, whichever
is less.
(7) Minimum front yard: 30 feet in depth.
(8) Minimum side yard: 20 feet each side.
(9) Minimum rear yard: 30 feet in depth.
(10)
Parking area setback. No parking area shall
be permitted within 30 feet of a street line or 10 feet of any other
property line or building.
(11)
Maximum building size: 8,000 square feet.
F. Design standards.
(1) All parking areas and pedestrian walkways shall be
adequately lighted during the night without creating glare or other
nuisance.
(2) Access to parking areas from public streets shall
be limited to one per street frontage up to a maximum of two per site,
except that one additional driveway may be permitted for a street
frontage in excess of 300 linear feet, but no more than three total
per site.
(3) Wherever the property line of a lot in the Professional
Office District abuts or is across a public street from a residential
zone, a landscape buffer shall be established that is a minimum width
of 25 feet measured from the property or street line.
(a)
Within the buffer area, only driveways providing access to parking areas and signs, pursuant to Chapter
318, Signs, shall be permitted.
(b)
Excepting front yards, within the landscape
buffer a landscape screen shall be planted and maintained. The landscaping
screen shall consist of massed evergreen and deciduous shrubs of such
species and size as will produce, within two growing seasons, a screen
at least four feet in height and of such density as will obscure 75%
of the glare of automobile headlights emitted from the premises throughout
the full course of the year.
[Added 12-20-1977 by Ord. No. 77-14;
amended 4-15-1986 by Ord. No. 86-6]
A. Intent. The Borough Council of Gibbsboro finds that increasing demands upon natural resources are despoiling or eliminating many of its water systems, wetlands, woodlands and other natural resources. Conservation or preservation of these resources in an undisturbed and natural condition constitutes important physical, aesthetic, recreational, safety, health and economic assets to existing and future residents of the Borough of Gibbsboro. It is the intent of the Borough Council to establish Conservation Districts for the purposes of conserving and protecting wetlands, floodplains, streams, stream corridors, lakes, lakeshores and steep slopes in order to minimize their disturbance; to prevent damage from erosion, floods, siltation and water turbidity; to prevent the loss of vegetation, fish, wildlife and natural habitat; to permit adequate recharge of groundwater aquifers; and to protect the quality of ground- and surface waters. It is the specific intent that the use and area regulations in any Conservation District be applied in conjunction with the zoning regulations of the other listed zone containing the Conservation District to permit only those uses in the Conservation District which are compatible with natural conditions, do not increase existing flood elevations and do not have any significant adverse impacts as defined in Subsection
D(7).
B. Buffer. A transitional buffer 50 feet in width is
hereby established around the perimeter of all lakes and wetlands
and along streams.
C. Permitted uses.
(1) The following uses do not require a permit from the
Borough Council.
(a)
Outdoor recreation, including hiking, swimming, horseback riding, nature study, swimming, camping, boating, trapping, hunting, fishing and ice-skating, where otherwise legally permitted and regulated. The construction of recreational facilities as regulated in Subsection
D(7).
(b)
Maintenance of waterways, lawns and vegetation existing prior to the effective date of this chapter, except to the extent prohibited by Subsection
D below.
(c)
Emergency activities carried out to protect
the public health and safety.
(2) The following uses are permitted in Conservation Districts
on issuance of a zoning permit from the Borough Council.
(a)
Conservation of soil, vegetation, water, fish,
shellfish and wildlife in accordance with recognized conservation
practices as established by the New Jersey State Soil Conservation
Committee, the United States Department of the Interior, Fish and
Wildlife Service and the New Jersey Department of Environmental Protection.
(b)
The creation of foot trails.
(c)
Grazing, farming, gardening, harvesting of crops
and the farming of nurseries, orchards and game farms, except sod
farms.
(d)
Uses accessory to residential or other permitted
primary uses of adjoining lands or waters, provided that they are
consistent with the intent and objectives of this chapter. On-site
septic systems are excluded.
(e)
The maintenance and repair of roads, ditches,
driveways, public utilities and irrigation ditches existing prior
to the effective date of this chapter.
(f)
The maintenance, repair and construction valued
at more than 50% of the market value of the buildings lawfully existing
prior to the effective date of this chapter, but not including improvements
which increase ground coverage. When in doubt, market value shall
be determined by a professional appraiser, who shall perform an appraisal
which cites comparable buildings and construction. The applicant will
reimburse the Zoning Board for the costs incurred for the appraisal.
D. Prohibited activities. Except as may be herein provided,
it shall be unlawful for any person to perform or cause to be performed
any of the following prohibited activities in a Conservation District:
[Amended 7-11-1990 by Ord. No. 90-10]
(1) To place, deposit, store temporarily or permit to
be placed or deposited soil, gravel, sand, de-icing salts, cinders,
leaf and brush compost, debris, solid or liquid waste, fill or any
material, including structures, pilings and containers, into, within
or upon any land in a Conservation District.
(2) To dig, dredge, suck, bulldoze, dragline, blast or
in any other way alter, move or remove any material from a Conservation
District.
(3) To remove, uproot, cut or destroy vegetation in any
manner, directly or indirectly, through alteration in watercourse
or water level.
(4) To create and use trails for motorized vehicles and
to operate such motorized vehicles.
(5) The dumping or discharge of treated or untreated domestic
sewage or industrial waste, liquid or solid, except by a sewage treatment
facility approved by the Borough of Gibbsboro and the Camden County
Municipal Utilities Authority or their agents.
(6) The application of pesticides which slowly degrade
and persist in the environment.
(7) Any activity which has a significant adverse impact,
including but not limited to the following:
(a)
Any change in the present rate of stormwater
runoff discharged into or generated within lands of any Conservation
District, as calculated by acceptable engineering methods.
(b)
An alteration in the seasonal normal level or
flow of surface or groundwater or an increase in the existing flood
stage elevation.
(c)
An increase in soil erosion.
(d)
The pollution of water or land by fertilizers
or toxic chemicals.
(e)
An alteration in the shoreline, floodplain or
watercourse of any water body or wetland.
(f)
An increase in the peak discharge of a one-hundred-year
flood.
(g)
The loss of vegetation or vegetational diversity.
(h)
Any disturbance or loss of area(s) used by indigenous
or migratory wildlife for breeding, nesting, and feeding.
E. Conditional uses. The following conditional uses may
be permitted when authorized as a conditional use by the Planning
Board:
[Amended 7-11-1990 by Ord. No. 90-10]
(1) The Planning Board shall issue conditional use permits
for uses in Conservation Districts only after making the following
findings of fact regarding the use, that the use:
(a)
Requires access to water or wetlands or is water-dependent
as a central element of its basic nature or requires access to steep
slopes or is steep-slope dependent as a central element of its basic
nature;
(b)
Has no prudent alternative site which does not
involve Conservation District areas;
(c)
Will result in minimum feasible alteration or impairment of the natural conditions and minimizes the adverse impacts listed in Subsection
D(7).
(d)
Does not have as its purpose the permanent alteration
of a Conservation District area.
(2) The conditional use permit shall be subject to such
special conditions or safeguards as the Environmental Commission and
Planning Board may deem necessary to fulfill the intent and objectives
of the Conservation District regulations.
(3) The Environmental Commission and the Planning Board
may request the Borough Engineer, planning consultant, county and/or
state environmental and engineering agencies to review the permit
application and make recommendations for approval, disapproval or
conditions of approval.
(4) All uses and operations permitted or approved by conditional
use permit shall be conducted in such a manner as will cause the least
adverse impact.
(5) The valuation placed on Conservation District lands,
for purposes of real estate taxation, shall take into account and
be limited by the limitation on the future use of such land by Conservation
District regulations.
(6) A conditional use permit shall be secured for the
following uses in a Conservation District:
(a)
Maintenance or repair of dams or other water
control devices whose maintenance or repair requires or causes an
alteration in water level or course of a lake, stream or wetland.
(b)
Driveways and roads. This use should be permitted
only when all alternative means of access are proven to be impractical
in the considered judgment of the Planning Board.
F. Conservation district conditional use permits. All
conditional uses in the Conservation District shall be subject to
the following regulations:
(1) The applicant shall present an original and eight
copies of the permit application, together with other required information,
to the Borough Clerk. All applications must be accompanied by the
following information:
(a)
A map showing the land and waters with existing
contour lines at one-foot intervals; the permit area and all land,
streams, lakes, wetlands, steep slopes and floodplains within 200
feet of the permit area; the buffer; and all areas of the permit area
which are in the Conservation District.
(b)
A survey and topographical map with proposed
final contours shown at one-foot intervals and the proposed area of
removal, deposition, use or construction indicated. All maps, plans
and surveys shall be certified by a registered land surveyor licensed
in New Jersey. All engineering plans shall be certified by a registered
professional engineer licensed in New Jersey.
(c)
The applicant shall notify, by certified mail
and public notice in the local newspaper, all property owners within
200 feet of the premises of the hearing date, time and place 10 days
prior to the hearing date.
(d)
A nonrefundable application fee as directed by §
400-84D.
(2) This section does not obviate the necessity for the
applicant to obtain the assent or permit required by any other agency
before proceeding with operations or use under an approved permit.
No operations shall be initiated by the applicant until such other
permits as may be required are issued.
(3) All applications for building permits, filed subdivision maps or any development within a Conservation District shall be reviewed by the Environmental Commission and receive the Commission's approval before the Planning Board approval may be issued. The Planning Board may request the plans be reviewed by other agencies as listed in Subsection
E(3).
G. Compliance with conditions.
(1) Performance bond.
(a)
The conditional use permit applicant, upon approval
of a permit, shall file with the Borough Clerk a performance bond,
if required, in an amount and with sureties and in a form approved
by the Planning Board and its Solicitor.
(b)
The bond and sureties shall be conditioned on
compliance with all provisions of these regulations and conditions
imposed on the permit approval.
(2) The applicant shall certify that he has public liability
insurance (bodily injury and death: $300,000; property damage: $300,000)
against liability which might result from proposed operations or use,
covering any and all damage which might occur within three years of
completion of such operations.
(3) The applicant shall also submit to the Borough Clerk
an affidavit which indemnifies and saves harmless the Borough or any
agent thereof from any claims arising out of operations under the
permit and from all acts, omissions or negligence on the part of the
applicant, his agents or employees.
(4) In the case of removal, deposition, placement of structures,
other operations or uses permitted within the Conservation District,
the Planning Board shall reserve the right to require payments to
the Borough in an amount and in such a manner as the Planning Board
may direct to reimburse the costs of permit review, permit enforcement,
code enforcement and prosecution fees incurred by the Borough.
(5) The Planning Board shall reserve the right to require
a conditional use permit for any operation, use or activity allowed
or permitted in the Conservation District.
H. Penalties and corrective action. Any person, firm,
corporation or entity found violating any provision of this section
or conditions imposed on the permit by the Borough, the Zoning or
Planning Board, Environmental Commission or their agent shall be served
with a written notice at the direction of the Planning Board stating
the nature of the violation and providing 10 days within which the
violation shall cease and satisfactory corrective action shall be
taken by the violator:
(1) Any person, firm, corporation or entity violating this section shall be guilty of an offense and, upon conviction by the Judge, be punished as provided in Chapter
1, Article
I, General Penalty.
(2) Any person, firm, corporation or entity who shall continue such violation beyond the time limit specified by the Planning Board shall be guilty of another offense and, upon conviction by the Judge thereof, be punishable as provided in Chapter
1, Article
I, General Penalty.
(3) Each day of such violation shall constitute a separate
offense under this section.
(4) In the event that any person, firm, corporation or
entity shall continue any violation beyond 10 days after the written
notice of violation by the Planning Board is received, the Planning
Board shall direct its Solicitor to take appropriate actions for prosecution
through the criminal and/or civil legal systems. All costs and expenses
incurred by the Borough in connection with proceedings, including
the actual costs of correction or removal, shall be assessed against
the offender.
(5) Any person, firm, corporation or entity violating the provisions of §
400-25 of this chapter shall become liable to the Borough for any expenses of loss or damage occasioned by the Borough by reason of such violation.