Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Township of Hainesport 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 differentiated from permitted uses and nonpermitted uses by this article and are referred to hereinafter as "conditional uses." In addition to other powers conferred by this chapter and applicable statutes, the reviewing board shall have original jurisdiction pursuant to the procedural requirements established in Article V 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 guidelines:
A.
Specifically authorized. The use for which application for a conditional use permit is being made must be specifically authorized as a conditional use in Article VII of this chapter for the zone in which located.
C.
Standards. It shall be the applicant's responsibility
to demonstrate to the reviewing board that the design, arrangement
and nature of the particular use as supported by development plans
and documentation are such that the public health, safety and welfare
will be protected and:
(1)
The conditional use will not adversely affect the
safe and comfortable enjoyment of property rights or otherwise adversely
affect the value of adjacent properties.
(2)
The development plans provide for structures and site
improvements in keeping with the general character of the zoning district
and sufficient landscaping, including trees, shrubs and lawn areas,
to enhance the area and appropriately buffer the use from adjoining
residential districts or uses.
(3)
The conditional use will serve a useful purpose to
the general welfare of the Township and/or satisfy an established
need in the community.
(4)
The conditional use and development plans will not
constitute any nuisance, safety hazard or health hazard due to site
lighting, noise, odors, sewage disposal, vibration, the nature and
method of storage, use or disposal of materials, parking and traffic
circulation, hours of operation, site signing or pollution of the
environment.
(5)
The conditional use and development plan adhere to the minimum standards for development specified in Article XII of this chapter as well as the special conditions and safeguards as in the opinion of the reviewing board will implement the intent and objectives of this article and the special conditions or restrictions listed in § 104-68 et seq.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
Animal husbandry shall be permitted as a conditional use in the following districts: R-1, R-2 and R-3, subject to the restrictions set forth in § 104-54F of this chapter.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
A cemetery shall be permitted as a conditional
use in the following districts: R-1, R-2 and R-3. The minimum lot
size shall be two acres, and the site shall be fenced, landscaped
and licensed by the State of New Jersey.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
A club or lodge for fraternal or social purposes
shall be permitted as a conditional use in the following districts:
R-1, R-2 and R-3. The minimum lot size shall be one acre; side yard:
two at 30 feet each; and rear yard: 50 feet to building (minimum)
and 25 feet to parking lot or drive (minimum). Buildings shall be
set back not less than 50 feet from the front property line. The club
or lodge shall service local residents and shall not be a tavern,
bar or other establishment requiring a liquor license or admitting
nonmembers on a regular basis.
[Added 4-12-2011 by Ord. No. 2011-2-3]
Self-storage facilities shall be permitted as a conditional
use in the following districts: Industrial-1, Business Park BP, and
Highway Commercial HC, provided that the use does not constitute a
nuisance or hazard for any reason in the neighborhood or for adjacent
properties which promote safety, and a harmonious integration of the
facilities as permitted uses within the Master Plan and the land use
regulations of the Township. Self-storage facilities shall be permitted
subject the certain other specific conditions as follows:
A.
Unless the proposed facility is entirely within a building and all access to individual units is within that building, facilities shall be surrounded by a fence six feet in height of the type permitted by § 104-53G.
B.
All driveways and aisle ways shall be subject to the review and approval
of the Fire Subcode Official.
C.
Storage of motor vehicles, except vehicles which are qualified to
be and licensed as antique vehicles or qualify for insurance purposes
as collectible, is prohibited. It shall be the specific intent of
this provision to prohibit storage of vehicles that are regularly
used and allow only the storage of vehicles that have some extrinsic
value due to age or other consideration and are not used on a regular
basis.
D.
Repairs of motor vehicles, boats or any other machinery (including
antique or collectible vehicles) are prohibited.
E.
Facilities shall be subject to methods of providing twenty-four-hour-per-day
security as approved by the reviewing agency.
F.
Storage of flammable or hazardous materials, as those terms are defined
by the Uniform Fire Code, the United States Environmental Protection
Agency and/or the New Jersey Department of Environmental Protection
(whichever definition is the most stringent), shall be strictly prohibited.
G.
All setback and buffering requirements, especially for areas abutting
residential zones or existing residential uses, shall be strictly
applied.
[1]
Editor's Note: Former § 104-71, Front yard fences, was repealed 2-9-1999 by Ord. No. 1999-2-1. See now § 104-53G(6)(b).
[Amended 4-12-1994 by Ord. No. 1994-4-3]
A home occupation shall be permitted as a conditional
use in the following districts: R-1 and R-2, provided that the use
does not constitute a nuisance or hazard for any reason in the neighborhood
or for adjacent properties. A home occupation or home craft conditional
use is, by definition, an occupation carried on as a subordinate use
to the primary residential use solely by a member(s) of the family
residing on the premises of a residential lot. The residence is not
to appear as a commercial venture, and the use is to be contained
inside of the dwelling and/or garage on site. Outdoor storage or work
areas as an extension of the home occupation will not be permitted
except for gardening. Retail sales shall not be conducted on the site
of a home occupation approved as a conditional use. Pursuant to N.J.S.A.
40:55D-66.4 and 40:55D-66.5,[1] family day-care homes shall be deemed to be a home occupation.
[1]
Editor's Note: N.J.S.A. 40:55D-66.4 and 40:55D-66.5 were repealed
by L. 1998, c. 139.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
A home professional office or studio shall be
permitted as a conditional use in the following districts: R-1 and
R-2, if proposed on a lot containing less than one acre (43,560 square
feet). A home professional office or studio shall be considered an
allowable (not conditional) use in the R-1 and R-2 Districts if located
on a lot containing one acre or more in lot area and provided that
the professional appear before the Planning Board representing his
or her credentials and such other information as may be required by
the Board prior to issuance of an occupancy permit for the home professional
occupation use. The following standards shall be met in addition to
those applied by the reviewing board for a home professional occupation
qualifying as a conditional use:
A.
The home professional occupation shall be carried
on entirely within the principal building and shall not, under any
circumstances, exceed 40% of the total gross habitable floor area
of the principal building.
B.
No such home professional occupation shall require
exterior alterations of the principal structure which will cause the
structure to be at variance or further variance with the schedule
for yard and lot areas for the district in which located.
C.
No home professional occupation shall permit the employment
of more than one employee who is not a permanent resident of the principal
structure. In each case the residence shall be the principal residence
of and occupied by the professional.
D.
No home professional occupation shall permit any advertising
display other than a professional home plate in the front yard (three
square feet maximum) and a nameplate on the building entrance (one
square foot maximum).
[Added 4-12-2011 by Ord. No. 2011-2-3]
Sexually oriented businesses shall be permitted as a conditional
use in the Industrial-1 District and shall be permitted as a conditional
use provided that the use does not constitute a nuisance or hazard
for any reason in the neighborhood or for adjacent properties which
promote safety, and a harmonious integration of the facilities as
permitted uses within the Master Plan and the land use regulations
of the Township. Sexually oriented businesses shall be permitted subject
the certain other specific conditions as follows:
A.
Compliance with all regulations as established in Chapter 150, Sexually Oriented Businesses, of the Code of the Township of Hainesport.
B.
A sexually oriented business shall not be located within 1,000 feet
of the following:
C.
For the purpose of Subsection B, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church or place of religious worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.
D.
Every sexually oriented business shall be surrounded by a perimeter
buffer of at least 50 feet in width with plantings, a fence, and other
physical dividers along the outside of the perimeter sufficient to
impede the view of the interior of the premises in which the business
is located. All such plant material shall be a minimum of six feet
in height at the time of planting along any common property line.
[1]
Editor's Note: Former § 104-74, Personal service
shop, as amended 9-27-1983 by Ord. No. 1983-12 and 4-9-1985 by Ord.
No. 1985-4, was repealed 8-25-1987 by Ord. No. 1987-9-6.
[Amended 8-25-1987 by Ord. No. 1987-9-6]
(Reserved)
[Amended 8-25-1987 by Ord. No. 1987-9-6]
(Reserved)
[Amended 8-25-1987 by Ord. No. 1987-9-6]
Movie theaters, where permitted as a conditional
use, are subject to the following conditions:
A.
There shall be one acre of land for each screen.
B.
The minimum lot size is four acres.
C.
There shall be 400 feet of frontage.
D.
There shall be access to a collector road as well
as a state highway.
E.
There shall be a limit of eight screens in any one
building.
F.
There shall be 2,500 feet between theaters.
[Amended 4-12-1994 by Ord. No. 1994-4-3; 8-24-1999 by Ord. No. 1999-5-7]
Uses, where permitted as a conditional use,
are subject to the following conditions:
A.
Commercial.
(1)
Minimum lot size. The minimum lot size for any commercial
use shall not be less than 15 acres.
(2)
Maximum building size. The maximum gross area of any
single building shall not exceed 55,000 square feet.
(3)
Minimum front yard setback. The minimum front yard
setback of any commercial or office use shall not be less than 150
feet.
(4)
Minimum frontage. The minimum frontage requirement
of any commercial use shall not be less than 1,000 feet.
(5)
Minimum buffer. The minimum buffer to any residential
district or use shall be a minimum of 50 feet.
B.
Assisted living. Assisted living, where permitted
as a conditional use, is subject to the following conditions:
(1)
Minimum five-acre tract.
(2)
Maximum of 60 units.
(3)
Architecture shall be complementary to the area, one
story and residential in character.
(4)
A buffer of 25 feet shall be provided to all adjacent
uses.
(5)
Parking shall be 0.5 space per dwelling unit.
(6)
Green space shall be 25% minimum.
(7)
No detention basins shall be permitted in the front
yard.
(8)
No parking is permitted in the front yard.
(9)
Public sewer is required.
(10)
The facility must provide twenty-four-hour on-site
management and must comply with all licenses required by the state.
(11)
The bulk criteria of the Office Zone shall be
met by this conditional use.
(12)
The conditional use approval shall not be granted
if the total number of persons, other than residential staff, residing
in aggregate at such assisted living units throughout the Township
exceeds 100 persons or 1.0% of the population of the Township, whichever
is greater.
(13)
The owner shall income-qualify all residents
for potential Council on Affordable Housing credits annually and supply
all data necessary for Township certification.
[Amended 4-12-1994 by Ord. No. 1994-4-3; 8-24-1999 by Ord. No. 1999-5-7]
Uses, where permitted as a conditional use,
are subject to the following conditions:
A.
Child-care centers.
(1)
All child-care centers shall be located on the first
floor of a building and may be extended to the second floor of a building;
basements and cellars may only be used for ancillary storage of equipment
and materials.
(2)
A minimum of 100 square feet per child of outdoor
space adjacent the center shall be provided and shall be adequately
fenced or otherwise protected from hazards, traffic and driveways.
(3)
The hours of operation shall be limited to 6:00 a.m.
to 8:00 p.m.
(4)
Child-care centers shall provide one parking space
per employee plus one additional parking space for every eight children.
Adequate space shall be provided for the loading and unloading of
children, which shall take place on site and not in the public right-of-way.
(5)
Location of access driveways, landscaping, signage
and general site plan design shall be compatible with the neighborhood
on which it is to be located. The location of any child-care center
shall be appropriately situated in relation to the use of area it
is intended to serve.
(6)
Where a child-care center is provided as a principal
use as permitted in this chapter, the following area and yard requirements
shall apply:
|
Principal Building Minimum
| |
|---|---|
|
Lot area
|
1 acre
|
|
Lot frontage
|
150 feet
|
|
Lot width
|
150 feet
|
|
Side yard (each)
|
20 feet
|
|
Front yard
|
50 feet
|
|
Rear yard
|
35 feet
|
(7)
Adequate landscape screening shall be provided along
lot lines common with residential uses or districts, where applicable.
(8)
One unlighted sign not exceeding 30 square feet in
area and 10 feet in height is permitted. The sign shall be set back
at least 25 feet from all street and property lines.
(9)
No outside area designated for play or utilized by
the children as a waiting area shall be within the 100-year floodplain,
wetlands or wetlands buffer.
(10)
Any child-care center shall comply with all
state standards and licensing requirements.
(11)
All other applicable requirements of this chapter
shall apply.
[Added 8-24-1999 by Ord. No. 1999-5-7]
Uses, where permitted as a conditional use,
are subject to the following conditions:
A.
General Commercial.
B.
Office.
(1)
Preservation of existing vegetation. Every effort
shall be made to preserve existing vegetation. A maximum of 60% of
all trees within the lot area of development may be removed for purposes
of development.
(2)
Commercial/office dimensional standards. Where
a commercial or office use is proposed as a conditional use, dimensional
and other requirements shall be as follows:
(a)
Maximum lot size. The maximum lot size for any
commercial or office use shall be 2.5 acres, to be located with frontage
along a county road or state highway.
(b)
Maximum impervious coverage limit. The maximum
impervious limit is 60% of the commercial or office area.
(c)
Minimum front yard setback. The minimum front
yard setback of any commercial or office use shall not be less than
150 feet from a county road or state highway. The minimum setback
of any residential structure shall not be less than 300 feet from
County Route 541 (the Mount Holly Bypass).
[Added 8-25-1987 by Ord. No. 1987-9-6]
Catering, where permitted as a conditional use,
is subject to the following conditions:
[Added 8-25-1987 by Ord. No. 1987-9-6]
Fast-food restaurants, where permitted as a
conditional use, are subject to the following conditions:
A.
The Township Committee declares that fast-food restaurants
are inimical to the public health, safety and welfare if located without
due consideration for the factors hereinafter set forth and, therefore,
are deemed to be a conditional use. No premises shall be used as a
fast-food restaurant unless application shall have been duly made
to the appropriate municipal agency which shall, after a public hearing
conducted with the appropriate notice, determine that said premises
may be used if and only if, in its judgment, the use will not by reason
of its location be detrimental to the health, safety and general welfare
of the Township, giving due consideration to the following factors:
(1)
The extent to which noise from the fast-food restaurant
will impair or interfere with or have an adverse effect upon the use
and enjoyment of other real property in the neighborhood.
(2)
The extent to which lighting, glare and reflection
from the fast-food restaurant will impair or interfere with or have
an adverse effect upon the use and enjoyment of other real property
in the neighborhood.
(3)
The extent to which unpleasant or unhealthy odors
from the fast-food restaurant will impair or interfere with the use
or have an adverse effect upon the use and enjoyment of other real
property in the neighborhood.
(4)
The extent to which the flow of traffic out of the
fast-food restaurant will cause unreasonable traffic congestion on
adjoining streets, result in traffic hazards, or impair or interfere
with or have adverse effect upon the use and enjoyment of other real
property in the neighborhood.
(5)
The extent to which a fast-food restaurant will diminish
the value of other real property in the neighborhood.
B.
A fast-food restaurant shall be located in accordance
with the following criteria:
(1)
A fast-food restaurant shall not be located within
2,500 feet of an existing fast-food restaurant. The property line
of the land upon which is located the fast-food restaurant shall not
be located within 175 feet of any residential district. Where the
property line of a fast-food restaurant is not located within 175
feet but is located within 200 feet of a residential district, a buffer
area of a minimum of 25 feet in width shall be established along the
property line which faces the residential district. Said buffer area
shall be landscaped with deciduous and coniferous trees to provide
a year-round visual screen from the fast-food restaurant site to the
residential district. Tree plantings shall be a minimum of three-inch
diameter at breast height (dbh) in caliper at the time of installation.
(2)
The aforementioned distances shall be measured on
a straight line or air line from the outer boundary or property line
of the lot containing the proposed fast-food restaurant to the outer
boundary or property line of the lot containing the residential use
or fast-food restaurant use; provided, however, that, where practicable,
the distance shall be measured along any street or public right-of-way
on the condition that, where there is a center barrier, the aforementioned
distances shall be measured on the same side of the street or right-of-way.
(3)
All outdoor vending machines are prohibited, except
for machines which dispense newspapers or similar publications.
(4)
The first 35 feet of the front setback, measured from
the property line, shall be used exclusively for landscaping.
[Added 8-25-1987 by Ord. No. 1987-9-6]
Motor vehicle fueling stations, where permitted
as a conditional use, are subject to the following conditions:
A.
In considering the approval of such premises as a
conditional use, the Planning Board shall consider the potential impact
of the use at the proposed location on such factors as traffic circulation
and safety, the impact on surrounding businesses and residences and
any potential detrimental effects to the health, safety and welfare
of the citizens of Hainesport Township.
B.
The provisions of appropriate buffers, screening and
aesthetic considerations, fencing, adequate parking and the proper
management of trash and litter shall be provided.
D.
Driveways shall be not less than 25 feet from the
intersection of street right-of-way lines and shall be no wider than
30 feet at any point.
E.
A raised concrete curb, at least eight inches in height
and six inches wide at the top, shall be constructed and maintained
in a good and safe condition along all street property lines, except
driveways.
F.
The entire area of the motor vehicle fueling station
which is traversed by motor vehicles shall be hard surfaced.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G.
Gasoline pump islands shall not be less than 20 feet
from the curbline.
H.
Lots on which motor vehicle fueling stations are located
shall not be used for sale of motor vehicles or for the rental of
trucks or trailers. Motor vehicle fueling stations shall, at all times,
be kept free of paper and rubbish. No abandoned vehicle or vehicle
secured for salvage purposes nor any type of salvage or maintenance
material shall be stored outside any principal or accessory building.
I.
Motor vehicle fueling stations shall not be closer
than 2,500 feet to an adjacent motor vehicle fueling station as measured
from property line to property line.
[Added 8-25-1987 by Ord. No. 1987-9-6]
Hotels and motels, where permitted as a conditional
use, are subject to the following conditions:
[Added 8-25-1987 by Ord. No. 1987-9-6]
Prior to the adoption of this chapter, motor
vehicle and trailer sales were permitted. This section is intended
to provide regulations for motor vehicle and trailer sales uses which
were lawfully permitted prior to the effective date of this section.
Subsequent to the effective date of this section, motor vehicle and
trailer sales shall not be permitted uses.
A.
Restrictions.
(1)
All motor vehicle dealerships shall be limited to
the sale and display of not more than two franchises of motor vehicles
on one parcel of land.
(2)
The motor vehicle lot shall be a minimum of three
acres and a maximum of six acres with no more than five acres of area
dedicated for use in the sale, storage and service of automobiles.
(3)
No motor vehicle dealership shall be closer than 2,500
feet to another motor vehicle dealership.
B.
The setback to a residential property shall be 175
feet horizontally with 100 feet in buffer planting.
C.
There shall be no service doors facing any residential
district.
D.
Decibel levels at the property boundary shall not
exceed 40 dBA.
E.
No glare from night lighting shall be directed toward
any residential lands.
F.
Use of cutoff luminaires throughout shall be required.
G.
There shall be no lighted sales areas within 200 feet
of any residential area.
H.
Maximum footcandles for evening sales shall be 60
footcandles.
I.
Lighting poles shall not exceed 16 feet in height.
J.
Sale of used motor vehicles shall be permitted only
in conjunction with the sale of new motor vehicles.
K.
All camper caps shall be stored indoors.
L.
Use of outdoor loudspeakers for any purpose, except
emergencies, is prohibited.
[Added 8-25-1987 by Ord. No. 1987-9-6]
Printing or publishing houses, where permitted
as a conditional use, shall be subject to the following conditions:[1]
[Added 8-25-1987 by Ord. No. 1987-9-6]
Bars or taverns, where permitted as a conditional
use, shall be subject to the following conditions:
A.
The minimum distance from a school, place of worship
or another bar or tavern shall be 2,000 feet.
[Added 12-31-1988 by Ord. No. 1988-14-6; amended 8-22-1989 by Ord. No. 1989-9-7; 4-12-1994 by Ord. No. 1994-4-3]
A planned development is permitted in areas
set forth on the Zoning Map. This use is provided to encourage a flexibility
of residential housing density, design and type not otherwise allowable
in a residential district. The requirements for planned developments
set forth in N.J.S.A. 40:55D-45 through 40:55D-45.8 must be met prior
to approval.
A.
Design standards. In order to develop within a Planned
Development District, the development plan must:
(1)
Open space. Preserve "sensitive open space," which
is defined as follows:
(a)
Floodplains. Those lands which are defined as
the combination of floodways and floodplains for which the 100-year
storm limits shall be established by the Department of Environmental
Protection, Division of Stream Encroachment.
(b)
Wetlands. Those areas that are inundated or
saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions shall be established by the Department of Environmental
Protection.
(2)
Traffic. Provide internal traffic circulation and
access to major roadways which shall be safe and adequate and which
represent an improvement over potential traffic circulation and access
to major roadways possible if development proceeds according to the
requirements of the base zone.
(3)
Planning. Demonstrate a comprehensively planned community
providing architectural consistency and well-designed recreation for
the future residents of the district.
B.
Development standards. If the reviewing board determines that the conditions of Subsection A are met, the following standards may be employed in the development of a planned development:
(2)
Conditional uses. Where a reviewing board determines that a parcel of land which is subject to development under this section is contiguous with and under the same ownership as lands zoned for the Highway Commercial District, the applicant may submit a comprehensive development plan integrating the residential portion of the property with the commercial portion. The various residential and commercial uses may be relocated within the property as approved by the reviewing board, provided that, in addition to the standards of § 104-67C, the following conditions are satisfied:
(a)
The acreage of the tract devoted to either residential
or commercial uses shall not be increased or decreased in area but
only relocated within the property in a manner which promotes sound
planning practice.
(b)
The relocated commercial component shall be
contiguous to the existing Highway Commercial District and shall not
be located on Creek Road.
(c)
The applicable requirements of the Highway Commercial
District are adhered to in the development of the commercial section
to the extent found reasonable by the reviewing board.
(d)
When a relocated commercial district abuts a
residential district or use, a minimum landscaped buffer of 75 feet
shall be provided.
(3)
Standards of development.
(a)
Minimum area. The minimum gross area for development
shall not be less than 50 contiguous acres. Contiguous land area will
follow R-1 standards where the review board approves additions to
existing PRD, subject to contribution to roads and utilities and their
proposal is integrated into the approved PRD plan, including provisions
for open space, land plan and housing types.
(b)
Public water and sewer facilities. Public water
and sewer facilities shall be provided for every building hereafter
erected or used in whole or in part as a dwelling.
(c)
Required open space. Land equal to not less
than 25% of the gross acreage of any planned unit residential development
shall be devoted exclusively to open space. The open space shall be
50% upland area exclusive of buffers.
(d)
Maximum density. The density in any such development
shall not exceed six dwelling units per total tract acre, exclusive
of natural features such as wetlands, floodplains and natural lakes
and ponds.
(e)
Forms of ownership. There shall be no restrictions
on the form of ownership of any dwelling unit within any such development,
and the same may include, inter alia, fee simple or condominium forms
of ownership, or a combination thereof.
(f)
Homeowners' association. Where lands or improvements
are owned in common, a homeowners' association shall be created to
hold title to such common lands or improvements. This association
shall also provide common services such as improvement maintenance,
road repair, trash collection and snow clearance. This association
shall maintain and regulate its property in accordance with the provisions
of this chapter.
(g)
Fair share housing. At least 20% of all units
shall be set aside for low- and moderate-income residents, 10% for
low-income housing and 10% for moderate-income housing pursuant to
COAH rules.
(h)
Height. No residential building or structure
shall exceed 35 feet in height.
(i)
Buffer. A minimum seventy-five-foot buffer shall
be provided to any existing residential use.
(j)
Schedule of development. A schedule of development
shall be reviewed and approved by the reviewing board. The developer
shall review his development schedule with the reviewing board annually.
(k)
Design standards.
[1]
Where single-family detached homes are proposed,
dimensional and other requirements shall be as follows:
[2]
For all townhomes and condominium units, the standards of § 104-48A(1) and (2) shall apply.
[Added 12-31-1988 by Ord. No. 1988-14-6; amended 8-22-1989 by Ord. No. 1989-9-7; 8-24-1999 by Ord. No. 1999-5-7; 5-24-2005 by Ord. No.
2005-11-4[1]]
The Senior Citizen District as set forth on
the Zoning Map is established to encourage a flexibility of housing
density, design and type not otherwise allowable in a residential
district, to provide greater convenience and efficiency in meeting
the needs of the population, tailored to meet the needs of older residents,
to conserve the value of land and natural resources, and to lessen
traffic burdens.
A.
Conditions to conditional use. In order to utilize
the development option permitted by this section, the developer's
development plan must:
(1)
Open space. Preserve "sensitive open space," which
is defined as follows:
(a)
Floodplains. Those lands which are defined as
the combination of floodways and floodplains for which the 100-year
storm limits shall be established by the Department of Environmental
Protection, Division of Stream Encroachment.
(b)
Wetlands. Those areas that are inundated or
saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions shall be established by the Department of Environmental
Protection.
(2)
Traffic. Provide internal traffic circulation and
access to major roadways which shall be safe and adequate and which
represent an improvement over potential traffic circulation and access
to major roadways possible if development proceeds according to the
requirements of the base zone.
(3)
Planning. Demonstrate a comprehensively planned community
providing architectural consistency and well-designed recreation for
the future residents of the district.
(4)
Fair share housing. Provide provisions for low- and
moderate-income housing which is indistinguishable from market-rate
units, both in architectural style and materials, and integrated into
the residential design of the district.
B.
Development standards. Within the Senior Citizen District,
the following dimensional requirements shall apply:
(2)
Standards of development.
(a)
Age restricted. All units within the development
shall be age restricted to at least one older resident meeting the
allowable minimum age restriction as permitted by federal law at the
time of occupancy.
(b)
Minimum area. The minimum gross area for development
shall not be less than 10 contiguous acres.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(c)
Required open space. Land equal to or not less
than 10% of the gross acreage of any senior citizen residential development
shall be set aside as open space. Said lands shall be developed into
recreational facilities to meet the needs of the residents within
the community.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(d)
Maximum density. The density in any such development
shall not exceed six dwelling units per total tract acre.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(e)
Fair share housing. A minimum percentage of
all units shall be set aside for low- and moderate-income residents
pursuant to the rules as established by the Council on Affordable
Housing.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(f)
Height. No residential building or structure
shall exceed 35 feet in height.
(g)
Public water and sewer facilities. Public water
and sewer facilities shall be provided for every building hereafter
erected or used in whole or in part as a dwelling.
(h)
Buffer. A minimum perimeter buffer of 25 feet
shall be provided in areas of dissimilar housing types and along any
area adjacent to a rail line. The buffer area shall be exclusive of
fencing and individual property lot areas.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(i)
Homeowners' association. Where lands or improvements
are owned in common, a homeowners' association shall be created to
hold title to such common lands or improvements. This association
shall also provide common services such as improvement maintenance,
road repair, trash collection and snow clearance. This association
shall maintain and regulate its property in accordance with the provisions
of this chapter.
(j)
Schedule of development. A schedule of development
shall be reviewed and approved by the reviewing board. The developer
shall review his development schedule with the reviewing board annually.
(k)
Single-family dimensional standards. Where single-family
detached homes are proposed, dimensional and other requirements shall
be as follows:
[Amended 4-12-2011 by Ord. No. 2011-2-3]
[1]
Lot size: the minimum lot size of any single-family
detached building shall be 5,500 square feet.
[2]
Frontage: 50 feet.
[3]
Front yard: 20 feet.
[4]
Side yard: five feet minimum, 10 feet aggregate.
[5]
Rear yard: 20 feet.
[6]
Impervious coverage limit: 55%.
[7]
Mix: see Subsection B(2)(l)[1] below.
(l)
Attached housing dimensional standards. Where
attached units are proposed, dimensional and other requirements shall
be as follows:
[1]
Mix. The maximum number of all attached units
shall not exceed 40% of the total number of units to be developed.
[2]
Lot size. The minimum lot size of any single-family
attached building shall be 4,000 square feet.
[3]
Frontage: 40 feet.
[4]
Front yard: 35 feet.
[6]
Rear yard: 20 feet.
[7]
Impervious coverage limit: 65%.
[8]
Units per building. The maximum number of units
shall not exceed eight units per building.
[9]
Side yard between buildings. The minimum side
yard distance between buildings shall not be less than 30 feet.
[10]
Side yard to roadway. The minimum
side yard distance from a building to any roadway or parking area
shall not be less than 20 feet.
[11]
Rear yard between buildings. The
minimum rear yard distance between buildings shall not be less than
50 feet.
[1]
Editor's Note: This ordinance also repealed
former § 104-88.1, Senior citizen noninclusionary development
option, added 8-24-1999 by Ord. No. 1999-5-7, which immediately followed
this section.
[Added 8-22-1989 by Ord. No. 1989-9-7; amended 7-19-2004 by Ord. No. 2004-9-6]
Within the RR-5 District, a developer shall
be permitted to develop land under a residential detached cluster
option under the following conditions:
A.
Conditions to conditional use. Prior to permitting development under this option, the reviewing board shall determine, in addition to the standards set forth in § 104-67C, that the proposed method for developing land creates desirable open spaces, conservation areas, floodplains, school sites, recreation areas and parks by permitting the reduction of lot sizes without increasing the number of lots which would otherwise be allowed in the development.
B.
Development standards. If the reviewing board determines
that the above standard is met, the developer may employ the following
standards in developing its land:
(1)
The minimum size tract shall be 50 acres.
(2)
All dwelling units shall be connected to approved
and functioning central water and sanitary sewer systems.
(3)
The common or public open space shall be landscaped,
planted or left wooded in accordance with the plan as approved by
the approving authority.
(4)
The overall density, minimum buildable lot sizes and
dimensional requirements shall be as follows:
(a)
As a result of clustering, the lot size in any
such development may be 20,000 square feet or more, provided that
the other development standards set forth in this section of this
chapter have been met or appropriate variances or exceptions granted.
The dimensional requirements shall be as follows:
(b)
As a result of clustering, the overall density
may be increased up to a maximum of 25% of the base density permitted
within the zone (based on the yield of units), provided that:
[1]
Land equal in area to a minimum of 60% of the
tract's total land area is set aside for agriculture or open space,
except that land utilized for streets, parking, drives and required
yards shall not be included as part of the 60%.
[2]
One hundred percent of the land created as a
result of clustering shall be deed restricted for farming purposes
or open space. This deed restriction will accrue to the Township in
the event that farming no longer becomes a viable use.
[3]
Eighty percent of the open space created as
a result of clustering shall be upland open space.
[4]
All open space or agricultural lands created
as a result of clustering shall be contiguous and should be located
adjacent to existing farmland or open space parcels wherever possible.
[Added 11-20-2007 by Ord. No. 2007-9-10; amended 12-13-2016 by Ord. No.
2016-14-11]
The right to farm shall be permitted in Hainesport Township
in the following manner:
A.
Permitted in all zones. The right to farm all qualified farmland
within the Township is recognized to exist as a natural right, and
those farms presently in existence are recognized as a permitted use
throughout the Township, regardless of zoning designation and regardless
of the specified uses and prohibited uses set forth elsewhere in this
chapter or in the separate land use pamphlet.
B.
Right to use all farming equipment and procedures. The right to farm
shall include the use of large irrigation pumps and equipment, aerial
and ground seeding, spraying, large tractors, numerous farm laborers
and the application of chemical fertilizers, insecticides and herbicides,
all for the purpose of producing from the land agricultural products,
such as vegetables, grains, hay, fruits, fibers, wood, trees, plants,
shrubs, flowers and seeds. The right to farm shall also include the
use of land for grazing by animals.
C.
Farming permitted at all times; farming shall not constitute a nuisance.
The foregoing uses and activities included in the right to farm may
occur on holidays, Sundays and weekdays, in the evening and during
the day, and the noise, odors, dust and fumes that are caused by such
uses are also specifically permitted as part of the exercise of this
right to farm when reasonable and necessary for those particular farming,
livestock or fowl production procedures and when conducted in accordance
with generally accepted agricultural practices.
D.
Exceptions. The above rights are subject only to the restrictions
and regulation for intensive fowl or livestock farms and subject to
state and Township health and sanitary codes.
E.
Industrial uses detrimental to farming prohibited. A use shall not
be allowed in the Industrial Zone if it is determined by either the
Planning Board or the Township Committee that the discharges from
any industrial operation will adversely affect the environment, particularly
the farming operations in existence within the Township.
