[1]
Editor's Note: The Zoning Map labeled "Zoning
Map 9/2 5/80" was adopted as the Zoning Map of the Township
of Hillsborough and was incorporated into this chapter and made a
part hereof 9-25-1980 by Ord. No. 80-14. Said Zoning Map can be found
on file at the Township offices.
[Amended 7-14-1981 by Ord. No. 81-11; 12-22-1981 by Ord. No. 81-21]
A.
All uses not expressly permitted are prohibited.
B.
No land or building shall be used or occupied for
a use which will in any manner create an unreasonable potential hazard
to the general public, health, safety and welfare, as, for example,
but not by way of limitation, any dangerous, injurious, noxious or
otherwise objectionable fire, explosive, radioactive or other hazardous
conditions; noise or vibration; smoke, dust, odor or other form of
air pollution; heat, cold, dampness, movement of air, electrical or
other disturbances; glare; or liquid or solid wastes in a manner or
amount not conforming to the appropriate performance standards of
this chapter.
C.
Without limiting the foregoing sections, or being
limited thereby, the following uses are specifically prohibited:
(1)
Motor freight terminals, motor and truck transfer
stations, motor and truck depots, motor and truck storage sites, truck
stops and truck repair facilities.
(2)
Storage, manufacturing, purifying, packaging, repackaging,
selling or supplying of toxic or highly flammable chemicals or gases,
as a primary use, regardless of quantities involved.
(3)
Aboveground tank farms or storage of gasoline, fuel
oils, gases or chemicals or other flammable, corrosive or toxic substances
as a primary use or in total on-site quantities exceeding 30,000 liquid
gallons or equivalent.
(4)
Adult bookstores, businesses showing X-rated movies
or live acts, massage parlors and other businesses dealing primarily
with indecent or obscene materials, acts or paraphernalia.
(5)
All classes of cannabis establishments, cannabis distributors or
cannabis delivery services as said terms are defined in N.J.S.A. 24:6I-33.
Licensed cannabis delivery services situated outside the geographic
boundaries of the Township may deliver cannabis items and related
supplies within the Township as permitted by the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, N.J.S.A. 24:6I-31 et seq.
[Added 5-25-2021 by Ord.
No. 2021-07]
[Added 3-28-2017 by Ord.
No. 2017-02]
A.
Applicability. This section applies to basic, minor, and major utility facilities as defined in § 188-3B. It does not apply to wireless telecommunications facilities as provided for in Article IX of this chapter, or solar energy systems and small wind energy systems as provided for in § 188-76. This section does not supersede any applicable design and performance standards found in §§ 188-75, 188-94, or 188-95.
B.
Locations and standards.
(1)
Basic utility facilities are permitted in all zones subject
to any applicable private or public easements or other contractual
agreements. They are not subject to any of the bulk standards of the
host zone but must be appropriately screened from residential properties
whenever possible and must conform to any site plan or subdivision
requirements if the utility is to be installed as part of a development
application.
(2)
Minor utility facilities are permitted as a conditional use
in all zones in accordance with the following standards:
(a)
Unless the utility is located in a public right-of-way, the
following conditions shall apply:
[1]
The minimum lot area shall be one acre.
[2]
No structure shall be permitted within 50 feet
of any property line except that in the TC Zone the setback shall
be 100 feet from existing Route 206 (Main Street) or Amwell Road.
[3]
Total impervious coverage shall not exceed 25%.
[4]
A minimum twenty-five-foot buffer is required from
any residential use with adequate landscaping, berms or fencing to
conceal the utility to the extent possible.
(b)
The maximum height of any structure shall be 20 feet.
(c)
All mechanical equipment shall be housed in a building(s) that
is designed to be visually compatible with any surrounding structures
or landscapes.
(d)
If the utility is located in a residential zone or the Mountain
or Agricultural Zones, and the standard for a principal residential
use is more restrictive than the conditional standard, the more restrictive
standard shall apply.
(3)
Major utility facilities are permitted as a principal permitted
use in a consolidated district formed by the contiguous portions of
the GI General Industrial, I-2 Light Industrial, and ED Economic Development
Zones located north of the Norfolk Southern railroad tracks and west
of United States Highway Route 206 in accordance with the following
standards:
(a)
Minimum lot area: 10 acres.
(b)
Minimum lot width: 300 feet.
(c)
Minimum lot depth: 300 feet.
(d)
Minimum front yard: 150 feet.
(e)
Minimum side yard: 100 feet.
(f)
Minimum rear yard: 100 feet.
(g)
Maximum impervious coverage: 50%.
(h)
Maximum building height: 60 feet.
(i)
Minimum buffer to a residential use or zone: 100 feet.
(j)
Minimum distance to a park or school measured from property
line to property line: 1,000 feet.
[Amended 6-12-1979 by Ord. No. 79-1; 9-25-1980 by Ord. No. 80-14; 7-14-1981 by Ord. No. 81-11; 11-24-1981 by Ord. No. 81-20; 10-12-1982 by Ord. No.
82-13; 9-24-1985 by Ord. No. 85-14; 6-28-1988 by Ord. No. 88-10; 8-14-1990 by Ord. No. 90-14; 6-22-1993 by Ord. No. 93-21; 5-23-2001 by Ord. No. 2001-25; 12-30-2002 by Ord. No. 2002-48; 12-30-2002 by Ord. No. 2002-49; 7-10-2007 by Ord. No. 2007-25; 4-28-2020 by Ord. No. 2020-08]
A.
Purpose. The purpose of the RA, RS, R, R1, R2, CR,
AH, RCA, PD and R8A Residential Districts is to establish a distribution
of population density throughout the Township in relation to existing
and prospective facilities, a convenient street system, employment
areas and reasonable predictability of population growth. The standards
are intended to offer maximum flexibility in site design and the selection
of dwelling unit types in order to offer a balanced housing pattern
attractive to all income and age segments of the community as part
of the Township's fair share of meeting the region's low- and moderate-income
housing need. In each of these districts, development design may follow
either standard subdivision of lots or cluster zoning or, in the RS,
R, R1, R2, CR, AH, RCA and PD Districts, utilize the planned development
provisions of this chapter.
B.
Permitted principal uses.
(1)
Dwellings, in accordance with the schedule at the
end of this chapter.
(2)
Libraries, parks and playgrounds, cemeteries, community
center (noncommercial) and golf courses.
(3)
Neighborhood convenience center in conjunction with
planned developments containing more than 300 dwelling units. The
center shall contain not less than four and not more than eight retail
outlets and/or offices. The center shall be located in relation to
the entire development and a convenient street network and shall also
be served by a comprehensive pedestrian and bikeway system serving
the entire project. The lot area shall not be less than two acres
nor more than six acres, with minimum lot width and depth; minimum
front, side and rear yards; maximum building coverage, impervious
surface coverage and building height; and minimum buffer width, all
as set forth in the C-1 District.
(4)
All farm and agricultural activities, including nurseries,
poultry and livestock raising, provided that:
(a)
The keeping or raising of swine shall not be
allowed except as part of a general farming operation on a property
of not less than 25 acres. No more than 100 swine shall be kept on
any property.
(b)
No building, fenced run or other enclosure for
the shelter of swine shall be closer to any property line or zone
boundary than 200 feet.
(c)
No building erected entirely or partially for
the storage of hay or other flammable material shall be closer than
100 feet to any property line.
(d)
No building for the shelter of fowl or farm
livestock, other than swine, shall be closer to any side or rear property
line or residential zone boundary than 100 feet, except that no range
shelter or other building used to house a backyard flock shall be
closer to any side or rear property line than 50 feet.
(5)
Home occupations.
(6)
Volunteer
fire companies and first-aid or rescue squads.
[Added 3-10-2009 by Ord. No. 2009-08]
C.
Accessory uses.
(1)
Garages, storage sheds, tennis courts and swimming
pools for single family homes, and uses customarily associated with
the above uses, provided that such accessory uses are subordinate
to the principal use, do not change the character of the principal
use and serve only the principal use.
(2)
Accessory uses are allowed in all yards but the front yard, except as provided in § 188-66D(5).
[Amended 10-9-2012 by Ord. No. 2012-29]
(3)
Height limitations. No accessory use, structure or
building shall exceed the height limitations for the principal building
on the lot, except that one private radio tower may be erected on
a lot in a residential zone as an accessory to the principal use with
a maximum height of 50 feet or such lower height based on a required
setback equal to the height of the tower. Such tower may be either
freestanding or attached to the principal building. The tower shall
be set back from any street right-of-way a distance equal to the minimum
requirement of the principal building.
D.
Conditional uses.
[Amended 5-23-2001 by Ord. No. 2001-25; 3-10-2009 by Ord. No. 2009-08; 6-23-2009 by Ord. No.
2009-23]
(1)
Boardinghouses and nursing homes.
(a)
Nursing homes shall be on a minimum lot size of five acres.
(b)
The minimum number of off-street parking spaces for nursing
homes shall be 0.33 space per patient/resident.
(c)
Boardinghouses are only permitted in the RS District, provided
that the operation meets the requirements of the definition of a boardinghouse
with no more than two boarders permitted to occupy the boardinghouse
at any time, and the owner of the home must also be a resident of
the structure.
(d)
The minimum lot size for a boardinghouse shall be at least 1.5
acres.
(e)
The minimum amount of off-street parking spaces required for
a boardinghouse is two for the resident owner and family plus one
for each boarding room. These additional spaces for boarders should
be located and designed so vehicles can enter and exit each space
without requiring any other vehicle to be moved.
(2)
Church, nursery school, public/private school and child-care center.[1]
(a)
Minimum lot area: two acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard: 100 feet.
(e)
Minimum side yard: 50 feet.
(f)
Minimum rear yard: 75 feet.
(g)
Maximum building height: 35 feet, except for religious symbols
affixed to the roof, including steeples, which shall not exceed 20
feet above the highest point on the roof.
[1]
Editor's Note: Former Subsection D(2), regarding utility facilities,
was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated
former Subsection D(3) through (6) as Subsection D(2) through (5),
respectively.
(3)
(4)
(5)
Planned residential cluster and farmland/open space preservation
development option in the RS District, in accordance with the following
standards:
(a)
Purpose of planned residential cluster and farmland/open space
preservation development. In order to preserve open space, farmland
and the rural characteristics of the landscape in the RS Zone, the
planned residential cluster option, a planned residential form of
development, may be used to receive dwelling units transferred from
properties elsewhere in the RS District with the preserved land to
be dedicated to the Township of Hillsborough or permanently deed-restricted
for farmland preservation, open space or public park use.
(b)
General conditions for a planned residential cluster development.
[1]
Dedication or evidence of a permanent deed restriction for farmland
preservation, open space or public use of 70% of the gross tract area,
including sending and receiving parcels.
[2]
Minimum area of receiving tract: 75 acres.
[3]
Maximum density on receiving tract: one dwelling unit per acre.
The maximum density shall be calculated by taking the acreage of the
receiving tract and dividing that number by the number of proposed
dwelling units.
[4]
Direct access to a collector or primary local road system.
[5]
Maximum permitted gross density of receiving parcel: one dwelling
unit per acre, including both the base tract and transfer unit densities.
(e)
Minimum open space requirements for receiving parcel.
[1]
In a planned residential cluster development, a minimum of 20%
of the receiving parcel shall be set aside for open space.
[2]
Twenty-five percent of the 20% required in Subsection E(1)(10)(e)[1]
above, or a minimum of 3,500 square feet of open space for each dwelling
unit, whichever is greater, shall be set aside in the form of developed
parks, greens, commons and/or informal play fields. This open space
shall be owned and maintained by a homeowners' association established
in conformance with this chapter.
[3]
Up to 25% of the total open space in a planned residential cluster
development can be set aside as estate lots of 10 acres or greater,
so long as these lots may no longer be further subdivided and shall
be permanently restricted by a conservation easement.
(f)
Area, yard and bulk regulations for single-family detached dwellings
served by a community wastewater treatment facility.
(g)
Design requirements for a planned residential cluster development.
[1]
Layout. Planned residential cluster developments may be designed
in an interconnected pattern of blocks and streets, defined by buildings,
street furniture, pedestrianways and sidewalks.
[2]
Greens and commons are to be spatially defined and distributed
within the planned residential cluster development. They shall be
designed to serve a variety of outdoor leisure and assembly needs
of residents and to enhance the form and appearance of the development.
Benches are encouraged. Twenty-five percent of the green or common
area shall be landscaped with trees and/or shrubs. Landscape design
shall be approved by the appropriate land use board.
[3]
Streets.
[a]
Street patterns shall form a broadly rectilinear
network, with variations as needed for topographic, environmental
and other design considerations.
[c]
In order to calm traffic speeds, the use of T-intersections
is encouraged.
[d]
All streets shall have public sidewalks. Sidewalks,
informal walkways and footpaths shall be no less than four feet wide.
Paths in open space shall be constructed using mulch or stone. A planned
residential cluster development shall create a completely linked neighborhood
of walkways connecting all uses with parks and other open space areas.
[4]
Building design.
[a]
All properties shall accommodate a garage for automobiles.
Garages may be attached or detached. Side-entry garages are more preferable
than front-entry garages that front on the street and shall be encouraged.
Detached garages shall be set behind the dwelling and shall resemble
the principal structure in architecture, including roof peak and color.
[b]
Covered front porches shall be encouraged.
[c]
A diversity of housing styles shall be encouraged
to avoid the same models being next door or directly across the street
from one another.
[5]
Community wastewater treatment facility (CWTF).
[a]
The CWTF shall be located within the development
while providing efficient functionality. The property on which the
CWTF is located shall be owned and maintained by the homeowners' or
condominium association established for the development.
[b]
The CWTF property shall be adequately landscaped,
bermed and/or fenced to conceal the CWTF and appurtenances to the
extent possible and shall contribute to noise reduction.
[c]
The CWTF mechanical equipment shall be housed in
a building that shall be aesthetically pleasing and shall blend with
the architecture of the surrounding properties.
E.
Densities, lot size, bulk, setbacks, height and dwelling
unit mix.
(1)
The maximum standards shall be as outlined in the
schedule at the end of this chapter.
(2)
Any area used for preexisting public streets and any
area proposed for commercial uses under the planned development provisions
shall be excluded from the acreage uses in calculating the number
of permitted dwelling units.
(3)
Transfer of development credits. The development density on any parcel in the RS, R1, R2, CR and PD Districts may be increased as outlined in the schedule by transferring credit from other lot(s) in the Township. This increased density on the receiving lot can be accommodated in accordance with all the standards of this chapter. The increased number of units permitted and the procedures to be followed in processing an application for any proposed transfer of development credits shall be as set forth in § 188-93, Transfer of development credits, in Article IV.
F.
Minimum open space.
(1)
Any lot on which cluster development or planned unit
residential development is proposed and in which detached single-family
dwellings, patio homes and duplexes are proposed and where the development
has less than 30% of the dwelling units comprised of other housing
types, a minimum of 20% of the tract shall be set aside as common
property and/or offered to the Township for public purpose(s).
(2)
In any lot on which cluster or planned unit development
design is proposed and in which multiplexes, townhouses, atrium houses
and/or apartments comprise more than 30% of the dwelling units, a
minimum of 40% of the tract shall be set aside as common property
and/or offered to the Township for public purpose.
(3)
All open spaces, whether common property or offered
to the Township, and all land offered to the Township shall be usable
for their intended purpose(s) and have public street, pedestrian and
bikeway access from at least two directions, with appropriate parking
facilities, on- or off-site and be located to conform to an overall
plan for open spaces, floodplain preservation, recreation areas and
public uses or adjoining tracts, where such plans exist.
G.
In the event of a partial or total destruction of
a single-family dwelling, to the extent that the dwelling is uninhabitable,
by resolution of the Township Committee, the Zoning Officer may issue
a zoning permit allowing the temporary use of the mobile home on the
affected lot for a period not to exceed eight months. Placement of
the mobile home will be subject to inspection and approval by the
Chief Construction Official. The Township Committee, by separate resolution,
may extend such temporary use for one additional six-month period.
H.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
the proposed improvements to the off-site road infrastructure are
completed as provided in the Master Plan or until such time as the
Township Engineer and the Planning Board by majority vote certify
to the Township Committee that then-current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the area to be developed as compared to the district as a whole.
Funds in the escrow account shall be expended by the Township for
their intended purpose within five years of deposit or shall be returned
with interest to the developer.
I.
Additional requirements for the R8A District.
[Added 4-28-2020 by Ord.
No. 2020-08]
(1)
The affordable housing obligation for the R8A District is 88 units,
which shall be provided in accordance with the settlement agreement
dated October 15, 2019, between Hillsborough Township and M&M
Realty Partners, LLC.
(2)
The total number of dwelling units constructed in the R8A District
shall not exceed 380.
(3)
In addition to the accessory uses permitted in § 188-98C, clubhouses, swimming pools, tennis or other sport courts, sitting or picnic areas, walking, cycling or exercise trails and other appropriate active and passive recreational facilities are permitted. Accessory structures shall not exceed 15 feet in height with the following exceptions: cabanas shall not exceed 20 feet in height; a community clubhouse shall comply with the bulk standards for a detached single-family house.
(4)
Fences are limited to six feet in height in side and rear yards and
four feet in front yards. Solid fences are prohibited in the front
yard. Fences shall not be located in any required sight triangle.
(5)
The regular and customary maintenance of vegetation and facilities
within any required conservation areas including but not limited to
flood hazard areas, watercourses, water bodies, stream corridors,
wetland areas, wetland buffer areas, and detention basins, shall be
conducted by a private association. Maintenance activities include
but are not limited to: lawn maintenance; planting and mulching of
landscape beds; tree maintenance; removal of dead or diseased trees
or limbs; removal of invasive plant species; pond and stormwater facility
maintenance; cleaning, improvement, and protection of drainage systems;
site stabilization measures; and similar improvements to keep the
conservation areas appropriately clean and maintained. All maintenance
activities located within designated conservation areas shall be subject
to and comply with NJDEP and DRCC rules, regulations and restrictions.
(6)
Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83G, unless otherwise noted below:
(a)
There shall be a consistent sign design theme throughout the
district related to style of lettering, construction material, size
proportion, and lighting.
(b)
A comprehensive signage plan shall be provided covering overall
project identification, traffic regulations, pedestrian crossing,
street identification, parking and directional instructions.
(c)
The district may have one permanent project/entry sign on each
of the following roads: Sunnymeade, Hamilton, and Falcon Roads, with
a maximum area of 20 square feet each and not exceeding four feet
in height. The signs shall not be located in any sight triangles nor
closer than 20 feet from a public right-of-way.
(7)
Any phasing of the project shall be subject to approval of a phasing
plan by the applicable Board.
[1]
Editor's Note: Former § 188-99, Senior Citizen Housing
Council, added 12-8-1992 by Ord. No. 92-25, was repealed 3-13-2012
by Ord. No. 2012-06.
[Added 12-18-2002 by Ord. No. 2002-46]
A.
Residency restrictions. Residency in the RC-Retirement
Community District shall be restricted by bylaws, rules, regulations
and restrictions of record to use by permanent residents 55 years
of age or older with the following exceptions:
(1)
A husband or wife under the age of 55 years
who is residing with his/her spouse who is 55 years of age or over.
(2)
Unemancipated children 19 years old or over
residing with their parents or parent where one of the parents with
whom the child or children are residing is 55 years of age or over.
(3)
One adult under 55 years of age will be admitted
as a permanent resident if it is established that the presence of
such person is essential to the physical care of one of the adult
occupants who shall be 55 years of age or over.
B.
Permitted principal uses in the RC-Retirement Community
District.
(1)
Permitted uses. Permitted uses in the RC Retirement Community District may include uses permitted under Subsection B(1)(a) or (b):
(a)
Detached single-family residential dwellings and/or duplex residential dwellings as per Subsection D and recreational and community facilities. "Duplex residential dwellings" shall be defined as a building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
(c)
Recreational or community facilities for the
collective use of the residents and their guests may include, but
shall not be limited to, the following: swimming pools, tennis or
other sport courts, clubhouses, sitting or picnic areas, walking,
cycling or exercise trails and other appropriate active and passive
recreational facilities.
(d)
The number of units by type shall be provided
within the following minimum and maximum percentages of total units:
|
Minimum Percent of Total Units
|
Maximum Percent of Total Units
| ||
|---|---|---|---|
|
Detached single-family dwellings
|
15%
|
20%
| |
|
Duplex residential dwellings
|
30%
|
35%
| |
|
Townhouses
|
20%
|
30%
| |
|
Multifamily for sale or rental unit buildings
|
20%
|
30%
|
C.
Dimensional requirements for the RC-Retirement Community
District. The minimum and maximum dimensional requirements for the
overall tract shall be in accordance with the following schedule:
(1)
Minimum tract size: 50 acres.1
(2)
Maximum tract density: 3.5 units per acre.
(3)
Maximum number of units in tract: 185.
(4)
Minimum number of low- and moderate-income unit:
27.
D.
Dimensional requirements for the detached single-family
residential dwellings and duplex residential dwellings. The minimum
and maximum dimensional requirements for the detached single-family
residential dwellings and the duplex residential dwellings shall be
in accordance with the following schedule:
|
Detached Single-Family Residential Dwellings
|
Duplex Residential Dwellings
| |||
|---|---|---|---|---|
|
Minimum lot size
|
5,000 square feet
|
3,500 square feet
| ||
|
Minimum lot width1
|
50 feet
|
35 feet
| ||
|
Minimum lot depth
|
100 feet
|
100 feet
| ||
|
Minimum yard setback: principal building
| ||||
|
Front
|
20 feet
|
20 feet
| ||
|
Side, one
|
5 feet
|
5 feet
| ||
|
Side, other2
|
5 feet
|
5 feet
| ||
|
Rear
|
20 feet
|
20 feet
| ||
|
Minimum yard setback: accessory structure3
| ||||
|
Side, one
|
5 feet
|
0 feet4
| ||
|
Side, other
|
5 feet
|
5 feet
| ||
|
Rear
|
5 feet
|
5 feet
| ||
|
Maximum building coverage
|
45%
|
55%
| ||
|
Maximum impervious coverage
|
60%
|
70%
| ||
|
Maximum permitted height: principal building
| ||||
|
Stories
|
2 1/2
|
2 1/2
| ||
|
Feet
|
35
|
35
| ||
|
Maximum permitted height: accessory structure
| ||||
|
Stories
|
1
|
1
| ||
|
Feet
|
10
|
10
| ||
|
Minimum parking requirements
| ||||
|
2-bedroom5
|
1.5/unit
|
1.5/unit
| ||
|
3-bedroom
|
2.0/unit
|
2.0/unit
| ||
|
NOTES:
| |
|
1 The lot width shall
be measured at the required front yard setback. The minimum lot width
may be reduced by up to 25% for lots fronting on culs-de-sac and curved
roads.
| |
|
2 Where a side yard
setback is provided, no principal structure on one lot shall be located
closer than 10 feet to a principal structure on the adjacent lot.
No accessory structure shall be located closer than 10 feet to a principal
structure on an adjacent lot or closer than five feet to an accessory
structure on an adjacent lot.
| |
|
3 No accessory structures
shall be permitted in the front yard. No accessory structures shall
be located closer than five feet to the principal building.
| |
|
4 One side yard setback
for an accessory structure may be zero feet; however, such a setback
may only be provided where the principal building has a zero feet
side yard setback. Where a setback is provided, a minimum of five
feet shall be required.
| |
|
5 Pursuant to RSIS
requirements as of the date of adoption of this section, one of the
required parking spaces may be provided in a driveway, provided the
driveway has minimum dimensions of 20 feet in depth and 10 feet in
width.
|
E.
Dimensional requirements for townhouses and multifamily
for sale or rental units buildings.
|
Townhouses
|
Multifamily For Sale or Rental Units Buildings
| ||
|---|---|---|---|
|
Maximum number of units per building
|
6 units
|
22 units
| |
|
Maximum length of building
|
200 feet
|
200 feet
| |
|
Maximum setback of buildings to internal streets1
|
18 feet
|
15 feet
| |
|
Minimum setback of buildings to off-street parking
areas
|
10 feet
|
10 feet
| |
|
Minimum distance between buildings on the lot2
|
20 feet
|
40 feet
| |
|
Maximum permitted height
| |||
|
Principal buildings:
| |||
|
Stories
|
2 1/2
|
3
| |
|
Feet
|
35
|
45
| |
|
Accessory buildings:
| |||
|
Stories
|
1 story
|
1 story
| |
|
Feet
|
10 feet
|
10 feet
| |
|
Minimum width of internal streets2
|
25 feet
|
25 feet
| |
|
Minimum required parking:3
| |||
|
1-bedroom
|
1.8 spaces
|
1.8 spaces
| |
|
2-bedroom
|
2.3 spaces
|
2.0 spaces
| |
|
3-bedroom
|
2.4 spaces
|
2.1 spaces
|
|
NOTES:
| |
|
1. For townhouses, setbacks for buildings and
measurement of driveway and parking spaces shall be measured to the
edge of paving for all internal streets. Parking spaces for driveways
shall be measured from the internal edge of any sidewalk.
| |
|
2. For internal streets which provide on-street
parallel parking spaces, the following shall apply: for parking on
one side of the street, a minimum cartway width of 28 feet shall be
provided; for parking on both sides of the street, a minimum cartway
width of 30 feet shall be provided. The minimum length of such on-street
parking space shall be 24 feet.
| |
|
3. Pursuant to RSIS requirements as of the date
of adoption of this section, one parking space in the driveway in
front of an enclosed garage shall be counted towards the minimum parking
requirement, provided a space is a minimum of 20 feet deep by 10 feet
wide.
|
F.
Affordable housing requirements.
(1)
A set-aside of 27 affordable housing units shall
be provided for low-and moderate-income families as defined in accordance
with the regulations promulgated by the Council on Affordable Housing
(COAH).
(2)
Not more than seven of the affordable units
shall be included in the multifamily for sale or rental unit buildings,
and not less than seven of the affordable units shall be included
in the townhouse or duplex residential dwellings interspersed throughout
the project.
(3)
The affordable housing units so provided shall
be consistent with COAH substantive rules (N.J.A.C. 5-93.1 et seq.)
with respect to affordability ranges and bedroom mix.
G.
Open space, recreational and drainage requirements
(1)
No less than 40% (excluding existing and proposed
road rights-of-way) shall be devoted to conservation, open space,
drainage and/or recreational purposes, which space may include one-hundred-year-flood
hazard areas and delineated freshwater wetland areas and wetland buffer
areas and detention basins. Individual residential lots or portions
thereof shall not be construed as common open space. Such designated
common open space shall be in major contiguous parcels and shall be
interconnected with common open space areas upon abutting parcels
having adequate access to the public and/or private roads and consisting
of land developed for specific recreational and drainage purposes.
Open space, recreational and drainage areas for purposes of this calculation
shall not include, among other things, courtyards and cul-de-sac islands.
(2)
The design and use of common open space areas
shall protect the natural resources and qualities of the site, including
the natural terrain, woodlands, significant views and any unique or
unusual features. Open space, recreational and drainage areas other
than that preserved for its natural values shall be suitably landscaped.
All structures within open space areas shall be sited so as to retain
their visual appeal. Grading, planting, walkways, fencing, lighting
and such other improvements may be provided in the open spaces, recreational
and drainage areas as may be necessary to enhance the intended open
space, drainage and recreational uses.
(3)
Within common open space areas, site preparation
improvements, including the following, may be required: preservation
and/or relocation of existing trees; removal of dead or diseased trees;
thinning of trees or other growth to encourage more desirable growth;
removal of trees in areas planned for ponds, lakes or active recreational
facilities; grading and seeding; improvement or protection of the
natural drainage system with the use of the protective structures,
stabilization measures and similar improvement and landscaping of
ponds and lakes to afford appropriate use and enjoyment by the residents;
and generally cleaning up the site by removing trash, debris and any
hazardous materials.
(4)
Fencing requirements. Fencing may be provided
on the perimeter of the tract, or within the tract, provided the fencing
is of an architecturally compatible design and consistent throughout
the tract. No fence shall exceed a height of four feet above grade
except in such instances where such fencing separates patios or decks
or adjacent duplex residential units or townhouse units wherein a
fence of six feet in height may be provided.
[Added 12-18-2002 by Ord. No. 2002-45]
A.
ARPDG permitted. There is hereby permitted and authorized
the establishment of a planned ARPDG for Block 141, Lots 2.01, 7.01,
30 and a portion of 31.02 and Block 140, Lot 1, and as shown on Exhibit
C to the settlement agreement described below and same shall be an
amendment to the Official Zoning Map of the Township of Hillsborough,
County of Somerset, State of New Jersey, and as herein defined, in
accordance with the provisions and requirements of this section. The
provisions of this section shall only apply to the ARPDG and further
encompass all conditions as set forth in the settlement agreement
of P.E.C. Builders, Inc., and SKP Lands, Inc., vs. Township of Hillsborough,
et al, Docket No. HNT-L-411-98 as approved by the Honorable Roger
F. Mahon, J.S.C.
B.
Residency restrictions. Residency in the ARPDG Age
Restricted Planned Development Gateway District shall be restricted
by bylaws, rules, regulations and restrictions of records to use by
permanent residents 55 years of age or older with the following exceptions:
(1)
A husband or wife under the age of 55 years
who is residing with his/her spouse who is 55 years of age or over.
(2)
Unemancipated children 19 years old or over
residing with their parents or parent where one of the parents with
whom the child or children are residing is 55 years of age or over.
(3)
One adult under 55 years of age will be admitted
as a permanent resident if it is established that the presence of
such person is essential to the physical care of one of the adult
occupants who shall be 55 years of age or over.
C.
Permitted principal uses in the ARPDG Age Restricted
Planned Development Gateway District.
(1)
Permitted uses. Permitted uses in the ARPDG
Age Restricted Planned Development Gateway District are as follows:
(a)
Detached single-family, duplex and triplex resident dwellings as per Subsection E and recreational and community facilities. "Duplex residential dwellings" shall be defined as a building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof. "Triplex residential dwellings" shall be defined as a building containing three single-family dwellings units totally separated one from the other by unpierced walls extending from ground to roof.
(b)
Townhouses and multifamily dwelling units as per Subsection F and recreational and community facilities.
(c)
Recreational or community facilities for the
collective use of the residents and their guests may include, but
shall not be limited to, the following: swimming pools, tennis or
other sport courts, clubhouses, sitting or picnic areas, walking,
cycling or exercise trails and other appropriate active and passive
recreational facilities.
(d)
The number of units by type shall be provided
within the following minimum and maximum percentages of total units:
|
Minimum Percent of Total Units
|
Maximum Percent of Total Units
| ||
|---|---|---|---|
|
Detached single-family dwellings
|
40%
|
75%
| |
|
Duplex and triplex residential dwellings
|
0%
|
35%
| |
|
Townhouses
|
0%
|
30%
| |
|
Multifamily dwelling units for sale or rental
|
25%
|
50%
|
(e)
Affordable units shall be proportionally distributed
among the multifamily buildings.
(2)
Permitted accessory structures.
(a)
Storage sheds for single-family detached homes
and uses customarily associated with the above uses, provided that
such accessory uses are subordinate to the principal use, do not change
the character of the principal use and serve only the principal use.
(b)
Storage and maintenance facilities are to be
utilized by the residents and its homeowners' association for the
purpose of proper maintenance of the community. Additional storage
and maintenance facilities are to be utilized by the owner of the
multifamily dwelling units for the purpose of proper maintenance of
that portion of the community.
[Amended 3-28-2017 by Ord. No. 2017-02]
(c)
Decks, patios, porches, fences, retaining walls
and off-street parking spaces.
D.
Dimensional requirements for the ARPDG Age-Restricted
Planned Development Gateway District. The minimum and maximum dimensional
requirements for the overall tract shall be in accordance with the
following schedule. For purposes of this section, a "tract" shall
be defined as an area of land comprised of one or more lots adjacent
to one another having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The original land area may be divided by existing street(s) and still
be considered one tract, provided that the frontages on both sides
of the street are opposite one another for a sufficient distance to
enable a convenient, safe street system from one side to the other.
The land area of the existing streets shall not be included in calculating
the area of the tract.
(1)
Minimum tract size: 190 acres.
(2)
Maximum tract density: 3.67 units per acre.
(3)
Maximum number of units in tract: 698.
(4)
Minimum number of low- and moderate-income units:
15% of approved number of units for the project and in any event no
less than 58 units.
(5)
Minimum tract perimeter buffer: 25 feet.
E.
Dimensional requirements for the detached single-family,
duplex and triplex residential dwellings. The minimum and maximum
dimensional requirements for the detached single-family, the duplex
and triplex residential dwellings shall be in accordance with the
following schedule:
|
Detached Single-Family Residential Dwellings
(per unit)
|
Duplex Residential Dwellings
(per unit)
|
Triplex Residential Dwellings
(per unit)
| ||
|---|---|---|---|---|
|
Minimum lot size
|
4,500 square feet
|
3,500 square feet
|
2,500 square feet
| |
|
Minimum lot width1
|
45 feet
|
35 feet
|
25 feet
| |
|
Minimum lot depth
|
90 feet
|
90 feet
|
90 feet
| |
|
Minimum yard setback: principal building
| ||||
|
Front2
|
20 feet
|
20 feet
|
20 feet
| |
|
Side, one
|
5 feet
|
0 feet
|
0 feet
| |
|
Side, other3
|
5 feet
|
5/0 feet (interior)
|
5/0 feet (interior)
| |
|
Rear
|
15 feet
|
15 feet
|
15 feet
| |
|
Minimum yard setback: accessory structure4
| ||||
|
Side, one
|
5 feet
|
0 feet5
|
0 feet
| |
|
Side other
|
5 feet
|
5 feet
|
5 feet
| |
|
Rear
|
5 feet
|
5 feet
|
5 feet
| |
|
Maximum building coverage
|
50%
|
55%
|
55%/60% int.
| |
|
Maximum impervious coverage
|
65%
|
70%
|
70%
| |
|
Maximum permitted height: principal building
| ||||
|
Stories
|
2 1/2
|
2 1/2
|
2 1/2
| |
|
Feet
|
35
|
35
|
35
| |
|
Maximum permitted height: accessory structure
| ||||
|
Stories
|
1
|
1
|
1
| |
|
Feet
|
10
|
10
|
10
| |
|
Minimum parking requirements (see RSIS/N.J.A.C.
5:91-4.14 et. seq.)
| ||||
|
2-bedroom
|
1.5/unit
|
1.5/unit
|
1.5/unit
| |
|
3-bedroom
|
2.0/unit
|
2.0/unit
|
2.0/unit
|
F.
Dimensional requirements for townhouses and multifamily
for sale or rental units buildings
|
Townhouses
|
Multifamily For Sale or Rental Units Building
| ||
|---|---|---|---|
|
Maximum number of units per building
|
6 units
|
80 units
| |
|
Maximum length of building
|
200 feet
|
275 feet on any one plane
| |
|
Minimum setback of buildings to internal streets6
|
18 feet
|
50 feet
| |
|
Minimum setback of buildings to off-street parking
areas
|
10 feet
|
10 feet
| |
|
Minimum distance between buildings on the lot
|
20 feet
|
40 feet except for side to side, 15 feet or 1/2
combined height of adjacent buildings, whichever the greater
| |
|
Maximum permitted height:
| |||
|
Principal buildings:
| |||
|
Stories
|
2 1/2
|
3
| |
|
Feet
|
35
|
457
| |
|
Permitted accessory structure8
| |||
|
Stories
|
1
|
1
| |
|
Feet
|
10
|
10
| |
|
Maximum width of internal streets9
|
25 feet
|
25 feet
| |
|
Minimum required parking (see RSIS/N.J.A.C.
5:91-4.14 et seq.10
| |||
|
1-bedroom
|
1.8 spaces
|
1.8 spaces
| |
|
2-bedroom
|
2.3 spaces
|
2.0 spaces
| |
|
3-bedroom or more
|
2.4 spaces
|
2.1 spaces
|
|
1 The lot width shall
be measured at the required front yard setback. The minimum lot width
may be reduced by up to 25% for lots fronting on culs-de-sac and curved
roads.
| |
|
2 Front yard: 20
feet from curb face and further provided that no driveway shall be
less than 20 feet in length, measured from the garage door to the
closest edge of the sidewalk or curb, whichever is closer.
| |
|
3 Where a side yard
setback is provided, no principal structure on one lot shall be located
closer than 10 feet to a principal structure on the adjacent lot.
No accessory structure shall be located closer than 10 feet to a principal
structure on an adjacent lot or closer than five feet to an accessory
structure on an adjacent lot.
| |
|
4 No accessory structures
shall be permitted in the front yard. No accessory structures shall
be located closer than five feet to the principal building.
| |
|
5 One side yard setback
for an accessory structure may be zero feet; however, such a setback
may only be provided where the principal building has a zero feet
side yard setback. Where a setback is provided, a minimum of five
feet shall be required.
| |
|
6 For townhouses,
setbacks for buildings and measurements of driveway and parking spaces
shall be measured from the closest point of the building to the closest
edge of the sidewalk or curb, whichever is closer, along all internal
streets. Parking spaces for driveways shall be measured from the closest
internal edge of the sidewalk or curb, whichever is closest.
| |
|
7 Height may be increased
to not more than 50 feet if necessary to achieve a minimum roof pitch
of six feet vertical for every 12 feet horizontal.
| |
|
8 Not to exceed 20
feet for the maintenance garage for the project.
| |
|
9 Not to exceed twenty
(20) feet for the maintenance garage for the project.
| |
|
10 For internal streets
which provide on-street parallel parking spaces, the following shall
apply: for parking on one side of the street, a minimum cartway width
of 28 feet shall be provided; for parking on both sides of the street,
a minimum cartway width of 30 feet shall be provided. The minimum
length of such on-street parking space shall be 24 feet.
|
G.
Affordable housing requirements. A set-aside of 15%
of the total units approved shall be provided for low- and moderate-income
families as defined in accordance with the regulations promulgated
by the New Jersey Council on Affordable Housing (COAH); however, in
no event shall less than 58 affordable units be provided. The affordable
housing units so provided shall be consistent with COAH's substantive
rules (N.J.A.C. 5-93.1 et seq.) effective at the time of the issuance
of the judgment of repose with respect to affordability ranges and
bedroom mix. All low- and moderate-income units above the required
minimum of 58 shall also be placed under affordability controls as
specified in this subsection.
H.
Open space, recreational and drainage requirements.
(1)
No less than 40% of the tract (excluding existing
and proposed road rights-of-way) shall be devoted to conservation,
open space, drainage and/or recreational purposes, which space shall
include one-hundred-year-flood hazard areas and delineated freshwater
wetland areas and wetland buffer areas, detention basins and Delaware
and Raritan Canal Commission stream corridor buffer areas. Individual
single-family, duplex and triplex residential lots or portions thereof
shall not be construed as conservation, open space, drainage and/or
recreational purposes. Open space, recreational and drainage areas
for purposes of this calculation shall not include courtyards and
cul-de-sac islands.
(2)
The design and use of open space areas shall
protect the natural resources and qualities of the site, including
the natural terrain, woodlands, significant views and any unique or
unusual features. Open space, recreational and drainage areas other
than that preserved for their natural values shall be suitably landscaped.
All structures within open space, recreational and drainage areas
shall be sited so as to retain their visual appeal. Grading, drainage,
planting, walkways, fencing, lighting and such other improvements
may be provided in the open spaces, recreational and drainage areas
as may be necessary to enhance the intended open space, drainage and
recreational uses.
(3)
Within open space, recreational and drainage
areas, site preparation improvements, including the following, may
be required: preservation of existing trees; removal of dead or diseased
trees; thinning of trees or other growth to encourage more desirable
growth; removal of trees in areas planned for ponds, lakes or active
recreational facilities; grading and seeding; improvement or protection
of the natural drainage system with the use of protective structures,
stabilization measures and similar improvement; improvement and landscaping
of ponds and lakes to afford appropriate use and enjoyment by the
residents; and generally cleaning up the site by removing trash, debris
and any hazardous materials.
(4)
Fencing requirements. Fencing may be provided
on the perimeter of the tract, or within the tract, provided the fencing
is of an architecturally compatible design and consistent throughout
the tract. No fence shall exceed a height of four feet above grade
except in such instances where such fencing separates patios or decks
or adjacent duplex residential units or townhouse units wherein a
fence of six feet in height may be provided.
I.
General development plan for ARPDG District. The following
subsection shall apply in the event of the filing of a GDP application:
(1)
General development plan; duration.
(a)
The general development plan shall set forth
the permitted number of dwelling units, the residential density and
support facilities, in its entirety, according to a schedule which
sets forth the timing of the various sections of the development.
The planned development shall be developed in accordance with the
general development plan approved by the Planning Board notwithstanding
any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or
an ordinance or regulation adopted pursuant thereto after the effective
date of the approval.
(b)
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection I(2) of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the development. Upon the expiration of the initial term and for good cause, the Planning Board may grant extensions of the term up to the maximum term permitted by N.J.S.A. 40:55D-49.
(c)
In making its determination regarding the duration
of the effect of approval of the general development plan, the Planning
Board shall consider the number of dwelling units, prevailing economic
conditions, the timing schedule to be followed in completing the development
and the likelihood of its fulfillment, the developer's capability
of completing the proposed development and the contents of the general
development plan and any conditions which the Planning Board attaches
to the approval thereof.
(2)
Contents of a general development plan applications.
A general development plan application shall include such information
as is reasonably necessary to disclose the following:
(a)
The location and size of the site and the nature
of the landowner's interest in the land to be developed;
(b)
A general land use plan indicating the tract
area and general locations of the land uses to be included in the
development. The total amount of support adult resident facilities
to be provided shall be set forth. The density of the entire development
shall be set forth;
(c)
A circulation plan showing the general location
and types of transportation facilities, including facilities for pedestrian
access, within the planned development and any proposed improvements
to the existing transportation system outside the planned development;
(d)
An open space plan showing the proposed land
area and general location of parks and any other land areas to be
set aside for conservation and recreational purposes and a general
description of improvements proposed to be made thereon, including
a statement of the operation and maintenance of parks and recreational
lands;
(e)
A utility plan indicating the need for and showing
the proposed location of sewage and water lines, any drainage facilities
necessitated by the physical characteristics of the site, proposed
methods for handling solid waste disposal, and a plan for the operation
and maintenance of proposed utilities;
(f)
A general stormwater management plan setting
forth the proposed method of controlling and managing stormwater on
the site;
(g)
A housing plan outlining the number units to
be provided;
(h)
A site service plan indicating those public
services which the applicant proposes to provide and which may include,
but not be limited to, water, sewer, cable and solid waste disposal;
(i)
A community facility plan indicating the impact
of the project on community facilities such as, but not limited to,
cultural facilities, libraries, emergency medical, fire and police
protection; and
(j)
A proposed timing schedule in the case of a
planned development whose construction is contemplated over a period
of years, including any terms or conditions which are intended to
protect the interests of the public and of the residents who occupy
any section of the planned development prior to the completion of
the development in its entirety; and
(3)
General development plan approval procedure.
(a)
A developer seeking approval of a planned active
adult village development may submit a general development plan to
the Planning Board prior to the granting of preliminary approval of
the development or a section of the development by the Planning Board.
(b)
The Planning Board shall grant or deny the general
development plan within 95 days after submission of a complete application
to the administrative officer, or within such further time as may
be consented by the applicant. Failure of the Planning Board to act
within the period prescribed shall constitute general development
plan approval of the planned development.
(4)
General development plan; timing schedule; modification.
In the event that the developer seeks to modify the proposed timing
schedule, such modification shall require the approval of the Planning
Board. The Planning Board shall, in deciding whether or not to grant
approvals of the modification, take into consideration prevailing
economic and market conditions, anticipated and actual needs for residential
units and nonresidential space within the municipality and the region,
and the availability and capacity of public facilities to accommodate
the proposed development.
(5)
General development plan hearing on modifications
required.
(a)
Except as provided hereunder, the developer
shall be required to gain the prior approval of the Planning Board
if, after approval of the general development plan, the developer
wishes to make any variation in the location of land uses within the
planned development or to increase the density of residential development
or the floor area ratio of nonresidential development in any section
of the planned development.
(b)
Any variation in the location of land uses or
increase in density or floor area ratio proposed in reaction to a
negative decision of or condition of development approvals imposed
by the Department of Environmental Protection pursuant to P.L. 1973,
c. 185 (N.J.S.A. 13:19-1 et seq.) shall be approved by the Planning
Board if the developer can demonstrate to the satisfaction of the
Planning Board that the variation being proposed is a direct result
of such determination by the Department of Environmental Protection.
(6)
General development plan on modification not
required.
(a)
Except as provided hereunder, once a general
development plan has been approved by the Planning Board, it may be
amended or revised only upon application by the developer and approved
by the Planning Board.
(b)
A developer, without violating the terms of
the approval pursuant to this act, may, in undertaking any section
of the planned development, reduce the number of residential units
by no more than 15% or reduce the residential density by no more 15%
in any section and increase the number of residential units by no
more than 15% or increase the residential density by no more than
15% in a subsequent section or sections, provided the resulting total
number of residential units and provided pursuant to P.L. 1985, c.
222 (N.J.S.A. 52:27D-301 et al.) without prior municipal approval.
J.
Other requirements and/or exemptions.
(1)
Clubhouse: facility or facilities providing
pool, tennis and other activities, including game rooms and general
multipurpose space. A minimum of 10 square feet of floor area per
dwelling unit shall be provided.
(2)
Minimum grading standard for lawn/landscaped
area: 1 to 1.5%.
(3)
Shade trees: minimum of 2 1/2 inches caliber
dbh.
(4)
Landscaping maintenance guarantee: two year
guarantee for trees to begin at time of CO, or the same guarantee
with all trees to be planted in the appropriate planting season prior
to acceptance of the project.
(5)
Applicable schedule for residential zone footnotes:
only Footnotes 2, 3, 7 and 8 of the schedule for residential zones
shall apply.
(6)
The developer shall adhere to the following requirements of § 160-5 (Environmental Impact Statement) as directed by the court-ordered settlement and adherence to N.J.A.C. 5:93-10. The following shall be provided:
(a)
The location of the project and a description
of the project, specifying what is to be carried out, including:
(b)
An inventory of existing environmental conditions
at the project site which shall describe contours, air quality, water
quality, water supply, hydrology, geology, soils, topography, vegetation,
wildlife, aquatic organisms, ecology, demography, land use, aesthetics
and history. Wildlife data may be as outlined by the New Jersey Landscape
Project through the Endangered and Nongame Species Program of the
New Jersey Department of Environmental Protection.
(c)
A listing of all licenses, permits or other
approvals required by municipal, county or state law and the status
of each.
(d)
A description of the steps to be taken during
and after construction, at the project site, to minimize the adverse
environmental effects.
(e)
A reference list of pertinent published information
relating to the project site.
(f)
Particular data is required as to:
[1]
Sewerage facilities. Applicant
must show:
[a]
Compliance with state and local
health regulations.
[3]
Drainage. Applicant must show:
[a]
Volume of stormwater runoff now
existing from the site and volume to be generated by new improvements.
[b]
Any increase in rate of velocity
of runoff and change in drainage patterns. Plans for disposition of
stormwater, whether by retention on site or by means of channeling
so as to protect downstream property.
[c]
Floodplains description of potential
flood conditions or damages, including a summary of flood stages from
state and federal sources.
[d]
Submission of an erosion and sedimentation
control plan reviewed by the local Soil Conservation District.
[4]
Solid waste disposal. Applicant
must submit a plan for disposal.
(7)
The developer shall adhere to the requirements of Article IX, Tree Preservation, with the following substitutions as directed by the court-ordered settlement and adherence to N.J.A.C. 5:93-10:
(a)
TREE
CALIPER
CRITICAL FOOTPRINT AREA
Definitions:
A woody plant having one or more self-supporting stems or
trunks.
The diameter of a trunk measured at a point two inches above
the collar.
Shall not be applicable.
(b)
Applicability: Shall not be applicable to this
agreement.
(c)
Exemptions. The following activities are exempt
from the provisions of the article:
[1]
Removal of trees in areas of proposed
buildings, roads, parking lots and detention basins and within 20
feet of such improvements.
(d)
A tree removal and landscaping plan shall be
submitted to the Board for its review and approval.
(e)
The location and species of all trees with a
diameter at breast height of six inches or greater to be removed on
a surveyed drawing.
(f)
The location and species of each tree within
the dripline of each tree to be removed.
(g)
The quality, quantity and limits of vegetation
on the remainder of the site and within 200 feet of the property line.
(h)
The location of existing and proposed buildings,
including parking areas, detention basins and other stormwater facilities.
(i)
Existing contours and proposed grading.
(j)
Proposed preservation methods of trees to remain.
(k)
The location of replacement trees, including a replacement schedule indicating species, quantities and size in accordance with Subsection J(7)(l) below.
(l)
Mitigation. The landscaping plan shall adhere
to the following:
[1]
Replacement trees shall be required
at rate of one per two. For every two trees removed, one shall be
replaced.
[2]
Replacement species. Trees shall
be replaced with the same species. In the case where the species is
known to be disease-prone or is otherwise not ecologically or aesthetically
appropriate, other species shall be permitted.
[3]
Planting standards. All replacement
trees by nursery growth, certified and guaranteed and deciduous trees
shall have a minimum caliper 2.5 inches or the industry standard equivalent
for the species if ornamental. Coniferous trees shall have an average
height of seven feet at the time of planting. All trees shall be balled
and burlapped and planted as per Township of Hillsborough standards.
[Added 12-30-2002 by Ord. No. 2002-48; amended 9-9-2003 by Ord. No. 2003-14]
A.
Purposes. The purposes of the Agricultural District
are to:
(1)
Encourage land use patterns and development
practices which enhance Township, county and state efforts to retain
farmland and protect and preserve agricultural activity within the
Township.
(2)
Protect the substantial public investments in
farmland preservation by limiting the extent of nonfarm development
in the Agricultural District.
(3)
Promote the continuation of farming in the Agricultural
District as a valuable component of the local economy.
(4)
Protect prime soils, soils of statewide importance
and soils of local importance for their long-term value as an essential
natural resource in any agricultural or horticultural pursuit.
(5)
Permit limited nonfarm residential development
in a manner and at locations that will be consistent with the continuation
of farming.
(6)
Support the preservation of existing farm operations
and limit conflicts between agricultural and nonagricultural uses
by encouraging the separation of residential development from active
farms.
(7)
Impose lot suitability requirements upon residential
lots in order to accommodate individual well and septic disposal systems,
which are required in the Agricultural District.
(8)
Advance the goals of the Master Plan for the
Agricultural District by protecting agricultural lands and promoting
agriculture as a valuable component of the local economy.
B.
Permitted principal uses:
(1)
Agricultural uses and farms, provided that:
(a)
The keeping or raising of swine shall not be
allowed except as part of a general farming operation on a property
of not less than 25 acres. No more than 100 swine shall be kept on
any property.
(b)
No building, fenced run or other enclosure for
the shelter of swine shall be closer to any property line or zone
boundary than 200 feet.
(c)
No building erected entirely or partially for
the storage of hay or other flammable material shall be closer than
100 feet to any property line.
(d)
No building for the shelter of fowl or farm
livestock, other than swine, shall be closer to any side or rear property
line or residential zone boundary than 100 feet.
(2)
Detached, single-family dwellings.
(3)
Public parks.
(4)
Farm-based businesses.
C.
Accessory uses:
(1)
Off-street parking and loading.
(2)
Farm stands located on a farm and conforming
to the following requirements:
(a)
The sale of manufactured, processed or refined
food product or products packaged off site shall not be permitted,
except for:
(b)
The sale of manufactured, processed or refined
nonfood products, chemical fertilizers and sprays, equipment and similar
items shall not be permitted.
(c)
The farm stand shall not exceed 2,000 square
feet in size.
(d)
Outside sales or display areas for the display
of produce, live plant material and other products grown or otherwise
produced on the farm management unit shall not exceed the building
coverage of the farm stand, and shall be subject to the same setback
and parking requirements of the farm stand.
(e)
Access shall be controlled, and driveways shall
not exceed 30 feet in width.
(f)
An adequate, nonpaved parking area shall be
provided. Parking shall be provided at a minimum ratio of one space
for every 200 square feet of gross floor area of farm stand and associated
permitted outside sale or display area, but in no case shall there
be fewer than three parking spaces for any farm stand.
(g)
One unlighted nonseasonal sign, no larger than
15 square feet shall be permitted; a freestanding sign shall not exceed
eight feet in height and shall be located at least 10 feet from the
street line. Seasonal agricultural signs shall be permitted totaling
20 square feet, not exceeding two signs per lot frontage along each
street.
(h)
Minor site plan approval by the Planning Board
shall be required for a permanent farm stand that exceeds 250 square
feet; otherwise a zoning permit is required.
(3)
Agricultural uses and farms, provided that:
(a)
The keeping or raising of swine shall not be
allowed except as part of a general farming operation on a property
of not less than 25 acres. No more than 100 swine shall be kept on
any property.
(b)
No building, fenced run or other enclosure for
the shelter of swine shall be closer to any property line or zone
boundary than 200 feet.
(c)
No building erected entirely or partially for
the storage of hay or other flammable material shall be closer than
100 feet to any property line.
(d)
No building for the shelter of fowl or farm
livestock, other than swine, shall be closer to any side or rear property
line or residential zone boundary than 100 feet, except that no range
shelter or other building used to house a backyard flock shall be
closer to any side or rear property line than 50 feet.
(4)
Garages, storage sheds, tennis courts and swimming
pools for single-family homes, and uses customarily associated with
the above uses, provided that such accessory uses are subordinate
to the principal use, do not change the character of the principal
use and serve only the principal use.
D.
Conditional uses:
(1)
Veterinary hospitals.
(2)
Churches, nursery schools, public and private
schools and child-care centers.
(4)
Volunteer fire companies and first-aid or rescue
squads.
(5)
Horse boarding stables.
(6)
Farm labor housing facilities for farm workers
employed on the farm where such housing facilities are located, provided
that:
(a)
The minimum size of the farm shall be 15 acres.
(b)
Such housing facilities shall only be occupied
during the period of time when workers are engaged in agricultural
activities.
(c)
Such facilities shall comply with all existing
statutes, law, rules and regulations of the federal government and
State of New Jersey concerning farm labor housing.
(d)
Such facilities shall comply with all applicable
rules and regulations governing provision of water supply and sanitary
waste disposal facilities.
(e)
Such housing shall be set back at least 100
feet from any public street and at least 100 feet from any property
line.
(f)
Such facilities shall be removed upon the permanent
cessation of any farm operation.
E.
Area, yard and bulk regulations.
|
Minimum Lot
|
Minimum Yard
|
Maximum
| ||||||
|
Permitted
and
Accessory
Uses
|
Area1
(acres)
|
Width
(feet)
|
Depth
(feet)
|
Front
(feet)
|
Side
(feet)
|
Rear
(feet)
|
Height
(feet)
|
Total Ratio
Impervious
|
|
Agricultural use and farm
|
5
|
300
|
300
|
NA
|
NA
|
NA
|
60
|
8%
|
|
Detached
|
102
|
400
|
400
|
150
|
75
|
75
|
35
|
8%
|
|
Single-family dwelling
|
23
|
150
|
250
|
75
|
50
|
50
|
35
|
12%
|
|
Farm-based business
|
50
|
300
|
300
|
150
|
100
|
100
|
60
|
8%
|
|
Farm stand
|
5
|
300
|
300
|
25
|
50
|
50
|
35
|
8%
|
|
Conditional uses
| ||||||||
|
Vet hospital
|
5
|
300
|
300
|
100
|
100
|
100
|
20
|
8%
|
|
Firehouse, church, school, nursery
school, first aid, child-care
|
2
|
200
|
200
|
100
|
50
|
100
|
30
|
12%
|
|
Farm labor housing
|
15
|
300
|
300
|
75
|
50
|
60
|
35
|
8%
|
|
Utility facilities
|
2
|
200
|
200
|
100
|
50
|
50
|
20
|
12%
|
|
Club pools, horse boarding stable
|
10
|
400
|
400
|
150
|
75
|
75
|
35
|
8%
|
|
Notes:
| ||||||||
|
1All residential lots shall meet "lot suitability" requirements as defined in § 188-3
| ||||||||
|
2For conventional
subdivisions
| ||||||||
|
3For lot-size
averaging or open lands subdivisions.
| ||||||||
F.
Buffers.
(1)
Any open lands lot created by a subdivision pursuant to § 188-99.3G(2)(b) of this chapter shall have a buffer fence located within five feet of the residential lot line adjacent to lands that are deed-restricted for agricultural purposes. Such buffer fence shall consist of a board or split-rail fence.
G.
Land development options.
(1)
Conventional zoning. Zoning permitted as a matter
of right in the Agricultural District. Requirements shall be as follows:
(a)
Minimum residential lot area: 10 acres.
(b)
Each lot created by conventional subdivision
shall satisfy lot suitability requirements.
(c)
Neighborhood tree conservation buffers measuring
at least 100 feet in width shall be established around the perimeter
of any tract proposed for conventional residential subdivision. No
existing tree with a diameter at breast height (DBH) in excess of
four inches shall be removed from the neighborhood tree conservation
buffer. In addition to existing trees located within the neighborhood
tree conservation buffer, this buffer shall be planted with a dense
mix of deciduous and coniferous trees, ornamental and flowering trees
and shrubs, indigenous to the area. The buffer shall be planted at
a density of 25 trees/acre and 25 shrubs/acre and shall not be bermed.
All plant materials shall be nursery quality, balled and burlapped,
and planted in accordance with Township standards. Deciduous trees
shall be at least 2 1/2 inches to three inches caliper, conifers shall
be at least six feet to eight feet in height, ornamental trees shall
be at least eight feet to 10 feet in height, and shrubs shall be at
least 24 inches to 36 inches in height at the time of planting. Neighborhood
tree conservation buffers shall be placed in a conservation easement.
The conservation easement shall be subject to review and approval
by the Township Engineer and Township Attorney and shall be recorded
prior to the applicant recording any subdivision map or deed. Existing
structures located within a neighborhood tree conservation buffer
as of the date of adoption of this section may remain within the buffer;
however, additions or expansions to the nonconforming structure are
not permitted within the buffer.
(2)
Permitted zoning options. The following additional
zoning options are permitted in the Agricultural District and are
encouraged to be utilized in lieu of conventional zoning.
(a)
Lot-size averaging subdivision option. This
option is provided to promote the retention of larger parcels for
agricultural uses and/or conservation of woodlands or other environmentally
sensitive lands, and to encourage and promote flexibility, economy
and environmental soundness in subdivision layout and design. The
following standards shall apply to such lot-size averaging subdivisions:
[1]
Minimum tract size shall be 40
acres.
[3]
Maximum dwelling unit density shall
be 0.1 unit/acre.
[4]
Maximum dwelling unit yield shall
be based on the design of a fully conforming, variance-free conventional
subdivision layout.
[5]
At least 50% of the lots created
in a lot-size averaging subdivision shall be no larger than 2.5 acres
in area.
[6]
All lots created under this subdivision
option shall be deed-restricted against further subdivision.
[7]
Notwithstanding the minimum tract
requirement above, a landowner may create up to two small lots containing
two to three acres each, provided that the portion of the required
10 acres per unit that is not included in the small lot(s) but is
included in lands remaining, shall be deed-restricted against further
residential development.
[8]
Prior to submission of a formal subdivision application, the applicant shall submit a concept plan of the lot-size averaging plan to the Planning Board for review and comment in accordance with § 188-99.3H of this chapter.
[9]
The overall site design of the
development utilizing this option shall foster the following objectives:
retention of large contiguous farmland and woodland areas; stream
corridor and wetlands preservation; steep slope protection; reduction
of impervious coverage; efficient traffic circulation; and sensitivity
to the site's natural features, topography and relationship to open
lands on neighboring parcels.
[10]
Natural features such as trees,
hilltops, meadows, natural terrain, open waters and natural drainage
ridge lines shall be preserved wherever possible in designing any
development containing such features. As part of the subdivision or
site plan review process, development should be designed to preserve
scenic vistas and views of agricultural fields, cultural/historic
landmarks and unique geographic and topographic features. On hillsides,
development shall be sited below the ridgeline, and the height and
location of development should protect unobstructed views of the ridges
from public roadways. In open fields, development shall be sited near
the edges of fields, adjacent to existing treelines wherever possible.
(b)
Open lands ratio subdivisions. This option is
provided to promote retention of large farm tracts and the aggregation
of smaller farm parcels through the granting of density incentives
to those who comply with the requirements set forth below. It is also
intended to encourage and promote flexibility, economy and environmental
soundness in subdivision layout and design. The following standards
shall apply to such open lands subdivisions:
[1]
At least 65% of the tract shall be designated as "open lands" and shall, as a condition of approval of the development, be deed-restricted for agricultural use in accordance with the requirements of § 188-99.3J of this chapter. All lots qualifying as open lands shall be permitted a primary residence and other permitted accessory buildings and uses, as provided in this chapter.
[2]
At least 50% of designated open
lands shall be some combination of unconstrained land area, prime
farmland soils, soils of statewide importance, soils of local importance
and/or mature woodlands.
[3]
Minimum residential lot area shall be two acres for the non-open lands residential lots created by the subdivision. (See Subsection E.)
[4]
Minimum open lands lot area shall
be 10 acres.
[5]
Maximum residential dwelling unit
density shall be 0.15 unit per acre for the entire tract.
[6]
Prior to submission of a formal subdivision application, the applicant shall submit a concept plan of the open lands ratio subdivision plan to the Planning Board for review and comment in accordance with § 188-99.3H of this chapter.
[7]
For tracts of 100 acres or less,
the open lands shall be contained in one deed-restricted contiguous
parcel; for tracts of larger than 100 acres, the open lands may be
composed of noncontiguous parcels, provided that each open lands parcel
shall contain at least 50 contiguous acres.
[8]
All lots created under this subdivision
option shall be deed-restricted against further subdivision.
[9]
The overall site design of the
development utilizing this option shall foster the following objectives:
retention of large contiguous farmland and woodland areas; stream
corridor and wetlands preservation; steep slope protection; reduction
of impervious coverage; efficient traffic circulation; and the site's
natural features, topography and relationship to open lands on neighboring
parcels.
[10]
Natural features such as trees,
hilltops, meadows, natural terrain, open waters and natural drainage
ridge lines shall be preserved wherever possible in designing any
development containing such features. As part of the subdivision or
site plan review process, development should be designed to preserve
scenic vistas and views of agricultural fields, cultural/historic
landmarks and unique geographic and topographic features. On hillsides,
development shall be sited below the ridgeline and the height and
location of development should protect unobstructed views of the ridges
from public roadways. In open fields, development shall be sited near
the edges of fields, adjacent to existing or proposed tree lines or
hedgerows wherever possible.
H.
Concept plan review. An applicant for a lot-size averaging or open lands subdivision shall submit a concept plan of the subdivision to the Planning Board for review and comment in accordance with § 188-99.3H(1)(b) of this chapter. At the request of a developer, the Planning Board shall grant a concept review of a plan for which the developer intends to submit a formal application for development.
(1)
Procedure.
(a)
The developer shall not be required to submit any application fees for informal concept plan review; however, no professional review(s) shall be undertaken unless the developer agrees to pay for said review(s) and files the escrow fees specified for concept plan review in § 188-28.
[1]
The developer shall not be bound
by any plan for which concept review is requested, and the approving
authority shall not be bound by any such review.
[2]
A developer desiring to have a
concept plan reviewed by the approving authority shall so notify the
administrative officer at least three weeks prior to a regularly scheduled
meeting of the approving authority at which the concept review is
requested. The administrative officer shall thereafter notify the
developer of the time and place, which has been scheduled by the approving
authority for concept review.
(b)
Concept plan required details. The following
information shall be provided for concept plan review:
[1]
A plan at a scale of not less than
one inch equals 100 feet, clearly and legibly drawn.
[2]
A key map at a scale of not less
than one inch equals 800 feet showing the entire development and its
relation to surrounding areas.
[3]
Existing structures and uses.
[4]
Existing and proposed street and
lot layout in conformance with ordinance bulk standards, showing that
portion proposed for development in relation to the entire tract.
[5]
Area of original tract.
[6]
Zoning district and North arrow.
[7]
Block and lot number for the tract.
[8]
Proposed method of water supply
and sewage treatment.
[9]
Proposed access points and roadways.
[10]
Existing topography and contours
based on United States Geological Survey (USGS) data, unless more
detailed data is available, illustrating areas with slopes of 15%
or greater.
[11]
Natural resources and features,
such as forested areas, wetlands, major rock outcroppings, lakes,
ponds, streams, drainage ditches, impoundments and watercourses.
[12]
Soil mapping and interpretations
based on the United States Department of Agriculture (USDA) Soil Survey
for Somerset County.
[13]
Location of flood hazard areas
and floodways.
[14]
Existing easements, deed restrictions
and covenants.
[15]
A written summary of how the concept plan meets the goals and objectives of § 188-99.3G(2)(a) or 188-99.3G(2)(b), as appropriate.
[16]
Certification that the applicant
is the owner of the land or the owner's duly authorized agent, or
that the owner has given his consent under an option agreement or
a contract to purchase.
I.
Undersized lots.
(1)
Any lot of at least five acres located in the Agricultural Zoning District, which was lawfully created before September 9, 2003, and which is used as a farm, may contain a farm building, located in accordance with requirements of Subsection E; any farm building on such lot may be enlarged, and any farm building thereon which shall accidentally be destroyed may be replaced in the same location as it occupied on the lot immediately prior to said accidental destruction, and shall not constitute a nonconforming structure.
(2)
Any lot containing a single-family dwelling
and having a lot area of less than 10 acres but containing at least
three acres located in the Agricultural Zoning District, lawfully
created before September 9, 2003, may continue to be used for one
single-family dwelling as a principal use without such lot being deemed
to have merged with any adjoining land in the same ownership. Any
single-family dwelling or accessory structure on such lot may be enlarged,
and any single-family dwelling or accessory structure thereon which
shall accidentally be destroyed may be replaced in the same location
as it occupied on the lot immediately prior to said accidental destruction,
and shall not constitute a nonconforming use or structure, provided
that the following shall apply:
(a)
Where the lot has a lot area of at least three
acres, the following requirements shall apply:
J.
Agricultural deed restriction. For purposes of complying
with the requirements of this subsection, any requirement imposing
an agricultural deed restriction or a deed restriction for agricultural
purposes or uses means that the landowner shall deed restrict his/her
land in accordance with the following requirements:
[Amended 10-9-2012 by Ord. No. 2012-27]
(1)
The deed restriction is in perpetuity and binds
the landowner, and his/her heirs, personal representatives, successors,
and assigns.
(2)
Only agricultural use and production is permitted
on the deed-restricted lands. "Agricultural use" shall mean the use
of deed-restricted lands for common farmsite activities, including
but not limited to production, harvesting, storage, grading, packaging,
processing and the wholesale and retail marketing of crops, plants,
animals and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease and pest control, disposal of farm waste, irrigation,
drainage and water management and grazing.
(3)
All nonagricultural uses, if any, existing on
this deed-restricted land may be continued and any structure may be
restored or repaired in the event of partial destruction thereof,
subject to the following:
(a)
No new structures or the expansion of preexisting
structures for nonagricultural use is permitted;
(b)
No change of the preexisting nonagricultural
use is permitted;
(c)
No expansion of the preexisting nonagricultural
use is permitted; and
(d)
In the event that the preexisting nonagricultural
use is abandoned, its use is extinguished.
(4)
No sand, gravel, loam, rock or other minerals
shall be deposited on or removed from the deed-restricted lands, except
only those materials required for the agricultural purposes for which
it is used.
(5)
No dumping or placing of trash or waste materials
shall be permitted on the deed-restricted lands.
(6)
No activity shall be permitted on the deed-restricted
lands which would be detrimental to drainage, flood control, water
conservation, erosion control, or soil conservation, nor shall any
other activity be permitted which would be detrimental to the continued
agricultural use of the deed-restricted lands.
(7)
A landowner may use the deed-restricted lands
to derive income from certain recreational activities, such as hunting,
fishing, cross-country skiing and ecological tours, only if such activities
do not interfere with the actual use of the deed-restricted lands
for agricultural production and that the activities only utilize the
deed-restricted land in its existing condition.
(8)
A landowner may use, maintain and improve existing
buildings on the deed-restricted lands for agricultural, residential
and recreational uses subject to the following conditions:
(a)
Improvements to agricultural buildings shall
be consistent with agricultural uses;
(b)
Improvements to residential buildings shall
be consistent with agricultural or single-family and extended family
residential uses. Improvements to residential buildings for the purpose
of housing agricultural labor are permitted only if the housed agricultural
labor is employed on the deed-restricted lands; and
(c)
Improvements to recreational buildings shall
be consistent with agricultural or recreational uses.
(9)
A landowner may construct any new buildings
for agricultural purposes. The construction of any new buildings for
residential use shall be prohibited, except as follows:
(a)
To provide structures for housing of agricultural
labor employed on the property, but only with the approval of the
entity holding the deed restriction.
(b)
To construct a single-family residential building
anywhere on the property in order to replace any single-family residential
building in existence at the time of the deed restriction, but only
with the approval of the entity holding the deed restriction.
(10)
The deed restriction shall be enforceable by
the Township of Hillsborough through its duly appointed zoning and
planning enforcement official.
(11)
It is the intention of this chapter that the
agricultural deed restriction be substantially in the form utilized
in the New Jersey Agricultural Retention and Development Program.
Consequently, the agricultural deed restriction shall be modified
and augmented as required to follow the form utilized by such program.
In any event, the deed restriction shall be in recordable form and
shall be submitted to and approved by the Township Attorney as a condition
of the involved development approval.
K.
Right to farm. Some lands within the Agricultural
District are used for commercial agricultural production. Adjoining
landowners and other users of property may be subjected to inconvenience,
discomfort, and the possibility of injury to property and health arising
from normal and accepted agricultural practices and operations, including
but not limited to noise, odors, dust, the operation of machinery
of any kind, including aircraft, the storage and disposal of manure,
the application of fertilizers, herbicides, and pesticides. Owners,
residents and users of property in the Agricultural District are hereby
put on official notice that the New Jersey Right to Farm Act, N.J.S.A.
4:1C-1 et seq., may bar them from obtaining a legal judgment against
such normal agricultural operations. Any commercial farm that conforms
to agricultural management practices recommended by the State Agricultural
Development Committee and adopted pursuant to the provisions of the
"Administrative Procedure Act," P.L. 1968, c. 410 (N.J.S.A. 52:14B-1
et seq.), or whose specific operation or practice has been determined
by the Somerset County Agricultural Board to constitute a generally
accepted agricultural operation or practice, and which complies with
all relevant federal or state statutes or rules and regulations adopted
pursuant thereto, and which does not pose a direct threat to public
health and safety may:
(1)
Produce agricultural and horticultural crops,
trees and forest products, livestock, and poultry and other commodities
as described in the Standard Industrial Classification for agriculture,
forestry, fishing and trapping;
(2)
Process and package the agricultural output
of the commercial farm;
(3)
Provide for the operation of a farm market,
including the construction of building and parking areas in conformance
with municipal standards;
(4)
Replenish soil nutrients and improve soil tilth;
(5)
Control pests, predators and diseases of plants
and animals;
(6)
Clear woodlands using open burning and other
techniques, install and maintain vegetative and terrain alterations
and other physical facilities for water and soil conservation and
surface water control in wetland areas;
(7)
Conduct on-site disposal of organic agricultural
wastes;
(8)
Conduct agriculture-related educational and
farm-based recreational activities, provided that the activities are
related to marketing the agricultural or horticultural output of the
commercial farm; and
(9)
Engage in any other agricultural activity as
determined by the State Agriculture Development Committee and adopted
by rule or regulation pursuant to the provisions of the Administrative
Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.).
[Added 12-30-2002 by Ord. No. 2002-49]
A.
Purpose. The purpose of the Mountain Conservation
District is to preserve and protect the fragile ecosystem and preserve
the rural character of the Sourland Mountain. The district is designed
to prevent the overuse of limited water resources and respect the
ability of the soils and ground water to sustain on-lot disposal systems
without degrading or impairing surface or ground water quality. Rugged
terrain, rocky soils, extensive wetlands and mature forests typify
this environment, which is poorly suited to accommodate residential
or other development that will require reliable water supplies. Due
to these natural limitations, it is important to limit impervious
cover in order to foster maximum recharge and sustainable yields in
the district and regional watersheds dependent on the limited groundwater
supply. The Mountain Conservation District is also designed to preserve
biological diversity and environmental integrity through the maintenance
of large contiguous tracts of forest.
C.
Accessory uses.
(1)
Off-street parking and loading.
(2)
Home occupations associated with detached single-family
dwellings, provided they do not generate a demand for water in excess
of the normal water demands of a detached single-family dwelling.
(3)
Garages, storage sheds, tennis courts and swimming
pools for single-family homes, and uses customarily associated with
the above uses, provided that such accessory uses are subordinate
to the principal use, do not change the character of the principal
use and serve only the principal use.
[Amended 5-14-2013 by Ord. No. 2013-14]
D.
Conditional uses shall be as follows:
(2)
Agricultural uses subject to the following conditions:
(a)
Maximum percentage of clearing shall be 10%
or one acre, whichever is less (except those farms in existence at
the time of passage of this section).
(b)
Clearing shall require certification that the
property owner consulted with the USDA-SCS and presentation to the
Planning Board of a plan to utilize best agricultural management practices
appropriate to the mountain environment.
(c)
Existing stands of trees parallel with the slopes
shall be maintained as buffers at the property boundary at least 100
feet in width.
(3)
Farm stands in conjunction with an agricultural
or farm use only.
E.
Area, yard and bulk regulations.
|
Minimum Lot
|
Minimum Yard
|
Maximum
| ||||||
|---|---|---|---|---|---|---|---|---|
|
Area1
(acres)
|
Width
(feet)
|
Depth
(feet)
|
Front
(feet)
|
Side
(feet)
|
Rear
(feet)
|
Height
|
Total Ratio Impervious
(percent)
| |
|
Agricultural use
|
15
|
300
|
300
|
NA
|
NA
|
NA
|
60
|
0.05%
|
|
Single- family dwelling
|
152
|
250
|
250
|
150
|
50
|
50
|
35
|
0.05%
|
|
Public utility
|
15
|
250
|
250
|
150
|
50
|
50
|
20
|
0.05%
|
|
Antique shop
|
15
|
150
|
100
|
75
|
0.05%
| |||
|
Accessory building
|
100
|
20
|
20
|
20
|
0.05%
| |||
|
Firehouse
|
3
|
200
|
200
|
150
|
50
|
50
|
20
|
0.05%
|
|
NOTES:
1 All residential lots shall meet "lot suitability" requirements as defined in § 77-3.
2 See also
§ 77-91.5G(2) for lot-size averaging.
|
G.
Land development options.
(2)
Lot size averaging. This option is provided
to enhance environmental sensitivity in subdivision layout and design,
and shall be permitted at the Planning Board's discretion, subject
to a finding by the Planning Board that lot size averaging promotes
a greater level of resource protection than a conventional subdivision
arrangement.
(a)
Requirements for lot size averaging shall be
as follows:
[1]
Minimum residential lot area shall
be five acres.
[2]
Maximum dwelling unit density shall
be 0.066 unit per acre.
[3]
All lots created under this subdivision
option shall be deed restricted against further subdivision.
[4]
The applicant is strongly encouraged to submit a concept plan of the lot size averaging plan to the Planning Board for review and comment in accordance with Subsection H.
[5]
The design of the development utilizing
this option shall foster the following objectives: retention of large
contiguous forest areas; stream corridor and wetlands preservation;
steep slope protection; improved overall site design; reduction of
impervious coverage; and protection of the site's natural features,
topography and relationship to open lands on neighboring parcels.
H.
Concept plan review. The applicant is strongly encouraged to submit a concept plan of any proposed lot size averaging subdivision plan to the Planning Board for review and comment in accordance with Subsection H(1)(b) of this section. At the request of a developer, the approving authority shall grant a concept review of a plan for which the developer intends to submit a formal application for development.
(1)
Procedure.
(a)
The developer shall not be required to submit
any application fees for such concept review; however, no professional
review(s) shall be undertaken unless the developer agrees to pay for
said review(s) and files the escrow fees specified for concept plan
review in this chapter.
[1]
The developer shall not be bound
by any plan for which concept review is requested, and the approving
authority shall not be bound by any such review. However, concept
plan review is strongly encouraged for all subdivisions to minimize
unnecessary engineering expenses.
[2]
A developer desiring to have a
concept plan reviewed by the approving authority shall so notify the
administrative officer at least three weeks prior to a regularly scheduled
meeting of the approving authority at which the concept review is
requested. The administrative officer shall thereafter notify the
developer of the time and place which has been scheduled by the approving
authority for concept review.
(b)
Concept plan required details. The following
information shall be provided for concept plan review:
[1]
A plan at a scale of not less than
one inch equals 100 feet, clearly and legibly drawn.
[2]
A key map at a scale of not less
than one inch equals 800 feet showing the entire development and its
relation to surrounding areas.
[3]
Existing structures and uses.
[4]
Existing and proposed street and
lot layout in conformance with ordinance bulk standards, showing that
portion proposed for development in relation to the entire tract.
[5]
Area of original tract.
[6]
Zoning district and North arrow.
[7]
Block and lot number for the tract.
[8]
Basic intent for water and sewage
treatment.
[9]
Proposed access points and parking
areas.
[10]
Existing topography and contours
based on United States Geological Survey data unless a local survey
is available, in which case contours should be shown with a maximum
contour interval of two feet where slopes are not greater than 10%
and a maximum contour interval of five feet where slopes are greater
than 10%.
[11]
Natural resources and features,
such as forested areas, wetlands, major rock outcroppings, lakes,
ponds, streams, drainage ditches, impoundments and watercourses, shall
be shown.
[12]
Soil mapping and interpretations
based on the USDA Soil Survey for Somerset County.
[13]
Location of flood hazard areas
and floodways.
[14]
Existing easements, deed restrictions
and covenants.
[15]
A written summary of how the concept
plan meets the goals and objectives of the Hillsborough Township Master
Plan.
[16]
Certification that the applicant
is the owner of the land or the owner's duly authorized agent, or
that the owner has given his consent under an option agreement or
a contract to purchase.
I.
Any lot in the MZ Mountain Conservation Zone District, which was previously conforming at the time of the enactment of the amended MZ Zone regulations on 12-30-2002, may have a building permit issued without an appeal to the Zoning Board of Adjustment subject to the requirements of § 188-66.
[Amended 7-11-2006 by Ord. No. 2006-17]
[Added 12-30-2002 by Ord. No. 2002-49]
A.
Purpose. The MVH Millstone Valley Historic District
has been established to include public lands owned by Hillsborough
Township, Somerset County and State of New Jersey, as well as lands
within the Millstone Valley Agricultural Historic District.
B.
Principal permitted uses. In the Millstone Valley
Historic District, no structure shall be erected, altered or occupied
for any purpose except the following:
(1)
Public parks and recreation.
(2)
Open space.
(3)
Conservation uses.
(4)
Public schools.
(5)
Municipal uses.
(6)
Public recreation facility.
(7)
Environmental education center.
(8)
Historical interpretation center.
(9)
Historic District Uses, including:
(a)
All existing uses in the Millstone Valley Agricultural
Historic District as adopted by the Hillsborough Planning Board on
April 5, 2001, in the Historic Preservation Element. (This district
is listed in the National and State Register of Historic Places since
August 10, 1977, and February 10, 1977).
C.
Accessory uses permitted.
(1)
Accessory uses customarily incidental to the
permitted principal uses.
[Added 4-27-2004 by Ord. No. 2004-07]
A.
Purposes. The purposes of the OS-CL Open Space - Cultural
Landscape District are to preserve the character of historic estate
landscapes by promoting compatible uses of property within the district
for public benefit, public visitation, long-term environmental sustainability;
to support and encourage the continued use of the property within
the district for educational and cultural activities, open space,
recreation, environmental conservation and agriculture; and to provide
for the continued financial viability of the stated purposes by allowing
related revenue-generating activities, including visitor services,
amenities and facilities, all in keeping with the intent, scale and
character of the district. Accomplishment of the stated purposes for
the district is enhanced by establishing a separate zoning district
and regulations controlling the future development and alteration
of such lands and by encouraging the development of uses and facilities
consistent with these purposes.
B.
Principal permitted uses. These uses include one or
a combination of the following:
(1)
Preservation and conservation of open space
lands and environmental resources.
(2)
Nature preserves.
(3)
Dedicated parklands.
(4)
Arboreta, botanical gardens, horticultural displays,
greenhouses, horticultural nurseries and other ornamental landscapes.
(5)
Adaptive reuse of existing buildings and structures
for permitted uses as enumerated herein.
(6)
Preservation and conservation of agricultural
and horticultural uses.
(7)
Educational and cultural program use related
to natural resource and agricultural conservation, historic preservation
and the arts. Program use may include, but not necessarily be limited
to, classes, demonstrations, workshops, research, conferences, events,
tours, exhibitions, performances, lectures and presentations, and
may include the sale of retail goods incidental to said program use.
(8)
Active and passive recreation, including but
not necessarily limited to walking, running and bicycle paths, athletic
fields, golf course, tennis courts, picnicking, boating, fishing and
horseback riding.
(9)
Visitor centers.
(10)
Education centers and research facilities.
(11)
Professional and business offices.
(12)
Restaurant.
(13)
Cafe.
(14)
Caretaker, staff or tenant residences.
(15)
Overnight and extended accommodations for artists,
scholars, lecturers, seminar participants and consultants.
(16)
Conference and meeting facilities.
(17)
Studio and performance space.
(18)
Fund-raising events.
(19)
Private events.
(20)
Farm stand.
(21)
Inn or other overnight visitor accommodations.
(22)
Gift shop.
C.
Accessory uses. These uses shall be permitted only
in connection with a permitted principal use.
(3)
Noncommercial structures incidental to permitted
principal educational, recreational and agricultural programs, including
but not limited to stables, barns, storage sheds, greenhouses and
gatehouses.
D.
Design standards for the Open Space - Cultural Landscape
District.
(1)
The development of this district shall be considered
as a single entity requiring coordination of building locations, access
drives, parking areas, buffers, loading and all other design elements.
All new facilities and reconstruction of substantial portions (more
than 50% of the gross floor area) of existing facilities shall be
subject to site plan approval by the Planning Board or Zoning Board
as appropriate.
(2)
Renovation and reuse of existing structures.
(a)
Existing structures may be renovated or repaired, and utilized, to their existing height/stories for uses permitted in the OS-CL Open Space - Cultural Landscape District. All new and expanded portions of existing structures and buildings shall comply with the maximum height/stories requirement as set forth in the schedule of regulations for this district as provided in § 188-99.6E.
(b)
If any existing or renovated building shall be destroyed by any means, it may be restored to its former condition. Alternatively, it may be replaced by a building or buildings that conform to the requirements as set forth in the schedule of regulations for this district as provided in § 188-99.6E.
(3)
Construction of new structures: New structures may be erected or constructed only for uses permitted in the OS-CL Open Space - Cultural Landscape District. All new structures and buildings shall comply with the maximum height/stories requirements as set forth in the schedule of regulations for this district as provided in § 188-99.6E. Clustering of any new permitted residential dwellings is encouraged as appropriate.
(5)
For educational and cultural program use, not
less than two spaces for each 1,000 square feet of gross floor area.
(6)
For office use, not less than one space for
each 350 square feet of gross floor area.
(7)
For restaurant or cafe use, not less than one
space for every three seats.
(8)
For all other uses, see § 188-68.
(a)
The Planning Board (or Zoning Board, as appropriate)
may decrease the amount of parking required up to 50% and/or vary
the design and location of such parking in the course of site plan
review based upon the anticipated utilization and/or joint usage of
the spaces, provided that the minimum required spaces are shown as
future parking on the site plan and found to be buildable by the Planning
Board (or Zoning Board, as appropriate).
E.
Schedule of regulations.
(1)
Minimum setback. Any new structure built in
the OS-CL District shall be set back a minimum of 150 feet from all
public roadways, adjoining properties and zone lines, except for entrance
features and security structures related to access drives and consistent
with the purpose of the OS-CL District.
(2)
Maximum building height. No new structure shall
be constructed that exceeds 60 feet in height.
(3)
Maximum impervious coverage: 5%.
(4)
Maximum residential density: 0.1 dwelling unit
per acre (10 acres per dwelling unit).
[Added 7-27-2010 by Ord. No. 2010-22]
A.
Purpose. The purpose of the Amwell Road West (ARW) District is to
establish a mixed-use zone district that provides for multifamily
affordable housing, and single-family and multifamily market-rate
housing. The standards are intended to offer maximum flexibility for
site design and selection of dwelling unit types in order to offer
a balanced housing pattern attractive to all income and age segments
of the community as part of the Township's fair share housing plan
for meeting the region's low- and moderate-income housing needs.
C.
Accessory uses.
(1)
Garages, storage sheds, tennis courts, maintenance office and
storage buildings, swimming pools and other community recreational
facilities (noncommercial) associated with planned residential communities
are allowed in all yards but the front yard.
(2)
Trash and garbage collection areas which are fully screened
except for detached, single-family dwellings and townhouses.
(4)
Recreational facilities, including tot lots and sitting and
picnic areas with grills.
(5)
Signage.
(6)
Retaining walls.
(7)
Other subordinate structures customarily incidental and subordinate
to the principal building or use on the lot.
E.
Yard and bulk regulations for detached, single-family dwellings.
(1)
Maximum tract area: A maximum of 6.382 acres of the overall
tract area for the entire mixed-use development may be utilized for
the construction of detached, single-family dwellings.
(2)
Minimum lot size: 4,500 square feet.
(3)
Minimum lot frontage: 20 feet.
(4)
Minimum lot width: 30 feet.
(5)
Minimum lot depth: 90 feet.
(6)
Minimum front yard setback: 25 feet from public or private drive
edge of pavement or curb, as appropriate.
(7)
Minimum rear yard setback: 20 feet.
(8)
Minimum side yard setback: six feet.
(9)
Maximum impervious coverage: 50%.
(10)
Maximum building coverage: 35%.
(11)
Maximum density: 7.06 dwelling units per acre for the portion
of the overall tract utilized for the construction of detached, single-family
dwellings.
(12)
Maximum building height: 35 feet or 2 1/2 stories.
F.
Yard and bulk regulations for townhouses.
(1)
Maximum tract area: A maximum of 2.7109 acres of the overall
tract area for the entire mixed-use development may be utilized for
the construction of townhouses.
(2)
Maximum lot size: maximum 3,000 square feet per dwelling unit.
(3)
Minimum lot depth: 90 feet measured from public or private drive
edge of pavement or curb, as appropriate.
(4)
Minimum front yard setback: 25 feet from public or private drive
edge of pavement or curb, as appropriate.
(5)
Minimum rear yard setback: 25 feet.
(6)
Minimum building-to-building distance: 20 feet.
(7)
Maximum impervious coverage: 55%.
(8)
Maximum building coverage: 35%.
(9)
Maximum density: 14.76 dwelling units per acre for the portion
of the overall tract utilized for the construction of townhouses.
(10)
Maximum building height: 38 feet or three stories.
G.
Yard and bulk regulations for multifamily dwellings/affordable housing.
(1)
Minimum lot size: 1.5 acres.
(2)
Minimum lot frontage: 200 feet.
(3)
Minimum lot width: 200 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Minimum front yard setback: 20 feet.
(6)
Minimum rear yard setback: 20 feet.
(7)
Minimum side yard setback: 20 feet.
(8)
Maximum impervious coverage: 55%.
(9)
Maximum building coverage: 35%.
(10)
Maximum building height: 35 feet or 2 1/2 stories.
(11)
Maximum building length: 230 feet.
(12)
Maximum density: 13.34 dwelling units per acre within the portion
of the overall tract area utilized for the construction of multifamily
dwellings/affordable housing.
(13)
Twenty affordable multifamily units are required to be provided
within the portion of the overall tract for the mixed-use development
utilized for multi-family dwellings/affordable housing.
H.
Yard and bulk regulations for affordable special needs/alternative
living arrangement facilities.
(1)
Minimum lot size: 1.79 acres.
(2)
Minimum lot frontage: 200 feet.
(3)
Minimum lot width: 200 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Minimum front yard setback: 20 feet.
(6)
Minimum rear yard setback: 20 feet.
(7)
Minimum side yard setback: 20 feet.
(8)
Maximum impervious coverage: 55%.
(9)
Maximum building coverage: 35%.
(10)
Maximum building height: 35 feet or 2 1/2 stories.
(11)
Maximum building length: 230 feet.
(12)
Maximum density: 13.41 dwelling units per acre within the portion
of the overall tract area utilized for the construction of affordable
special needs/alternative living arrangement facilities.
(13)
Twenty-four two-bedroom affordable special needs/alternative
living arrangement facilities units are required to be provided within
the portion of the overall tract for the mixed-use development utilized
for affordable special needs/alternative living arrangement facilities
housing.
I.
Site perimeter requirements.
(1)
Buffer requirements. There shall be a minimum twenty-foot buffer
adjacent to any residential district or existing residential use included
as part of this requirement, unless otherwise indicated. Such buffer
shall be reviewed by the proper approving board to determine if the
existing vegetation provides a sufficient year-round screen or if
the existing vegetation needs to be enhanced by additional plantings
and/or a fence or berm. Once all screening/landscaping improvements
are completed, a conservation easement shall be established by the
applicant for the buffer area.
(2)
Fencing requirements. Fencing may be included on the perimeter
of the tract, or within the tract, provided the fencing is of an architecturally
compatible design and consistent throughout the tract. No fence shall
exceed a height of five feet above finished grade.
J.
Parking requirements.
(1)
Detached, single-family dwellings: Three-bedroom units require
2.0 spaces per unit. An additional 0.5 parking spaces per single-family
dwelling are required.
(2)
Townhouses: Two-bedroom units require 2.3 spaces per unit.
(3)
Multi-family dwellings/affordable housing: One-bedroom units
require 1.8 spaces per unit; two-bedroom units require 2.0 spaces
per unit; three-bedroom units require 2.1 spaces per unit.
(4)
Affordable special needs/alternative living arrangement facilities:
Two-bedroom units require 0.5 parking spaces per unit.
K.
Supplemental regulations.
(1)
Buildings and site improvements shall be designed to minimize
changes to existing topography and mature vegetation.
(2)
Shared driveways that serve more than one property may be provided
where deemed appropriate by the Planning Board or Board of Adjustment.
Cross access shall be required between adjoining properties.
(3)
A landscape plan shall be provided for the entire site and shall
be prepared by a licensed landscape architect.
(4)
Exterior building design shall be coordinated with regard to
color, types of materials, architectural form, and detailing. Multiple
buildings on the same site shall be designed to create a cohesive
relationship between the buildings.
(5)
A permanent entry sign shall be permitted with a maximum area
of 20 square feet and shall not exceed a height of six feet. The permanent
sign shall be located near the entrance drive but shall not be located
within any required sight triangles.
(6)
Phasing, if the applicant proposes to phase the development,
shall be subject to approval of a phasing plan with the site plan
application.
(7)
Recreation will be limited to only tot lots, picnic and sitting
areas.
(8)
When other provisions in the Hillsborough Township Land Development
Ordinance conflict with this section, this section will govern the
development of this district.
A.
Purpose. The purpose of the C-1 Neighborhood Shopping
Center District is to recognize areas of existing retail characteristics
and provide the opportunity for new areas near existing and proposed
population centers for the location of commercial services, limited
entertainment facilities and employment opportunities. Their geographic
distribution is intended for convenient access by the residents of
the immediate area and to discourage unnecessary traffic from major
streets.
B.
Permitted principal uses.
(1)
Retail sales of goods and personal service establishments.
[Amended 6-7-2010 by Ord. No. 2010-14]
(2)
Offices, fiduciary institutions, medical centers
and veterinary hospitals.
(3)
Freestanding restaurants and restaurants located in multi-use buildings, which may contain drive-through facilities with buffer requirements pursuant to Subsection E(4).
[Amended 6-23-2009 by Ord. No. 2009-23; 6-22-2010 by Ord. No.
2010-16]
(4)
Theaters, bowling alleys, gymnasiums, tennis
courts and pools.
(5)
Libraries and museums.
(6)
Child-care and adult day-care centers. Child-care
and adult day-care centers shall be subject to site plan approval.
Site plan approval is also required where the original site plan does
not anticipate use of all or a part of the premises as a child-care
or adult day-care center but such use subsequently occurs. No building
permit shall be issued for modification of all or part of the premises
for use as a child-care or adult day-care center until revised site
plan approval has been obtained from the Planning Board or Board of
Adjustment, as appropriate.[1]
[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]]
[1]
Editor's Note: Former Subsection B(6), utilities, was repealed
3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former
Subsection B(7) through (9) as Subsection B(6) through (8), respectively.
(7)
Commercial
instructional activities.
[Added 3-23-2010 by Ord. No. 2010-05]
(8)
Health
club/fitness center.
[Added 2-26-2013 by Ord. No. 2013-04]
D.
Conditional uses.
[Amended 6-10-1986 by Ord. No. 86-8; 6-23-2009 by Ord. No.
2009-23]
(1)
Gasoline service stations.
(a)
Must be located at least 100 feet from any residence or residential
zone.
(b)
Any outdoor storage of wrecked, damaged or dissembled vehicles waiting
for repairs must be provided in a screened-in area in the rear yard
at least 250 feet from any residence or residential zone.
(c)
There is one parking space required for each employees plus two spaces
for each service bay.
(d)
A retail convenience store may be provided in conjunction with a
gasoline service station, provided that the following standard is
followed:
[1]
A minimum of 3.5 parking spaces are provided for each 1,000 feet
of gross floor area.
(e)
Vehicle repair may be provided in conjunction with a gasoline service
station, provided that all repairs are conducted in an enclosed building.
(f)
A screened trash enclosure must be located at least 30 feet any property
line.
E.
Area, yard and bulk regulations.
(3)
Buffer areas shall be at least 15 feet wide
and are required along all property lines abutting any residential
district, around loading and trash collection points and along street
lines where residences or residential zoning is across the street.
(4)
For
any freestanding restaurant or restaurant located in a multi-use building
with a drive-through facility, there shall be a minimum sixty-foot
buffer adjacent to any residential zone boundary or residential lot
line, unless otherwise indicated. Such buffer shall be reviewed by
the appropriate board to determine if the existing vegetation is sufficient
to provide a year-round screen or if the existing vegetation needs
to be enhanced by additional plantings and/or fencing, and/or a berm,
as appropriate. A conservation easement shall be established by the
applicant to include the required buffer area subject to the approval
of the Township Attorney and recorded prior to the issuance of a certificate
of occupancy.
[Added 6-22-2010 by Ord. No. 2010-16]
F.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
the proposed improvements to the off-site road infrastructure are
completed as provided in the Master Plan or until such time as the
Township Engineer and the Planning Board by majority vote certify
to the Township Committee that then-current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the area to be developed as compared to the district as a whole.
Funds in the escrow account shall be expended by the Township for
their intended purpose within five years of deposit or shall be returned
with interest to the developer.
[Added 10-12-1982 by Ord. No. 82-13]
[Added 9-25-1980 by Ord. No. 80-14]
A.
Purpose. This zone is established to provide a mixture
of retail and office uses to serve the high density residential area
in this vicinity. The design standards require a plan for the entire
district, whether designed at one time or in stages, in order to emphasize
controlled access to Route 206 and highway safety at the intersection
of two major roads.
B.
Permitted principal uses.
(1)
Retail sales of goods and personal service establishments.
[Amended 6-7-2010 by Ord. No. 2010-14]
(2)
Offices, fiduciary institutions, medical centers.
(3)
Freestanding restaurants and restaurants located
in multi-use buildings, not including drive-through facilities.
[Amended 6-23-2009 by Ord. No. 2009-23]
(4)
Libraries and museums.
(5)
Child-care and adult day-care centers. Child-care
and adult day-care centers shall be subject to site plan approval.
Site plan approval is also required where the original site plan does
not anticipate use of all or a part of the premises as a child-care
or adult day-care center but such use subsequently occurs. No building
permit shall be issued for modification of all or part of the premises
for use as a child-care or adult day-care center until revised site
plan approval has been obtained from the Planning Board or Board of
Adjustment, as appropriate.[1]
[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]
[1]
Editor's Note: Former Subsection B(5), utilities, was repealed
3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former
Subsection B(6) through (7) as Subsection B(5) through (6), respectively.
(6)
Commercial
instructional activities.
[Added 3-23-2010 by Ord. No. 2010-05]
D.
Conditional uses.
[Amended 6-10-1986 by Ord. No. 86-8; 6-23-2009 by Ord. No.
2009-23]
(1)
Gasoline service stations.
(a)
Must be located at least 100 feet from any residence or residential
zone.
(b)
Any outdoor storage of wrecked, damaged or dissembled vehicles waiting
for repairs must be provided in a screened-in area in the rear yard
at least 250 feet from any residence or residential zone.
(c)
There is one parking space required for each employees plus two spaces
for each service bay.
(d)
A retail convenience store may be provided in conjunction with a
gasoline service station, provided that the following standard is
followed:
[1]
A minimum of 3.5 parking spaces are provided for each 1,000 feet
of gross floor area.
(e)
Vehicle repair may be provided in conjunction with a gasoline service
station, provided that all repairs are conducted in an enclosed building.
(f)
A screened trash enclosure must be located at least 30 feet any property
line.
E.
Area, yard and bulk regulations.
(1)
The development of this district shall be done
as a single entity requiring coordination of building locations, access
drives, parking, buffers, loading and all other design elements among
the individual lots comprising this district. Controlling access to
Route 206 is essential, and primary access shall be from Triangle
Road.
(2)
Minimums:
(a)
Lot area: two acres.
(b)
Lot width: 200 feet.
(c)
Lot depth: 250 feet from any proposed right-of-way,
as shown on the Master Plan.
(d)
Front yard: 90 feet from any proposed right-of-way,
as shown on the Master Plan.
(e)
Side yards: 50 feet.
(f)
Rear yard: 50 feet.
(g)
Maximum height: 35 feet.
[Added 7-14-1981 by Ord. No. 81-11; amended 6-22-1993 by Ord. No. 93-21]
(4)
Buffer areas shall be at least 25 feet wide
and are required along all property lines abutting any residential
district, around loading and trash collection points and along street
lines where residences or residential zoning is across the street.
F.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
the proposed improvements to the off-site road infrastructure are
completed as provided in the Master Plan or until such time as the
Township Engineer and the Planning Board by majority vote certify
to the Township Committee that then-current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the area to be developed as compared to the district as a whole.
Funds in the escrow account shall be expended by the Township for
their intended purpose within five years of deposit or shall be returned
with interest to the developer.
[Added 10-12-1982 by Ord. No. 82-13]
[Added 11-24-1992 by Ord. No. 92-20]
A.
Purpose. The purpose of this P/R (Professional/Retail)
district is to provide a reasonable transition between residential
properties and commercially zoned properties abutting collector roadways
where limited mixed professional and retail use of an integrated residential
design would provide neighborhood convenience and help reduce the
traffic moving from residential properties and major heavily traveled
intersections, thus promoting public safety.
B.
Permitted principal uses shall be as follows:
(1)
Retail sales of goods and personal service establishments.
[Amended 6-7-2010 by Ord. No. 2010-14]
(2)
Offices, fiduciary institutions and medical
centers.
(3)
Restaurants.
(4)
Child-care and adult day-care centers. Child-care
and adult day-care centers shall be subject to site plan approval.
Site plan approval is also required where the original site plan does
not anticipate use of all or a part of the premises as a child-care
or adult day-care center but such use subsequently occurs. No building
permit shall be issued for modification of all or part of the premises
for use as a child-care or adult day-care center until revised site
plan approval has been obtained from the Planning Board or Board of
Adjustment, as appropriate.
[Amended 9-22-2009 by Ord. No. 2009-31]
(5)
Attached single-family dwellings at a density
of not more than six units per acre.
(6)
Commercial
instructional activities.
[Added 6-23-2009 by Ord. No. 2009-23; amended 3-23-2010 by Ord. No.
2010-05]
E.
Area, yard and bulk regulations shall be as follows:
(1)
Minimums.
(a)
Attached single-family:
[1]
Total tract area (prior to subdivision): five
acres.
[2]
Individual lot area: 4,000 square feet.
[3]
Individual front yard: 20 feet.
[5]
Individual lot rear yard (exclusive of buffer
requirements): 25 feet.
[6]
Individual lot width at setback: 40 feet.
[7]
Setback of building from arterial road: 70 feet.
[8]
Setback of buildings from other existing roads:
50 feet.
[9]
Buffer from arterial road: 40 feet.
[10]
Buffer from other existing roads:
20 feet.
(b)
All other uses:
[1]
Lot area: five acres.
[2]
Lot width: 400 feet.
[3]
Lot depth: 250 feet from any proposed right-of-way
as shown on the Master Plan.
[4]
Front yard: 90 feet from any proposed right-of-way
as shown on the Master Plan.
[5]
Side yards: 50 feet each.
[6]
Rear yard: 50 feet.
[7]
The total distance between any two adjacent
buildings shall be at least equal to the height of the taller building
but in no case less than 25 feet.
(3)
Buffering. Except as specifically provided above,
buffer areas shall be 25 feet wide and are required along all property
lines. Buffering design and materials within the prescribed buffer
area shall be determined by the approving authority at the time of
the application.
F.
Design standards for nonresidential uses.
(1)
Multiple buildings shall be encouraged. The
largest size of any individual building shall be 7,500 square feet.
(2)
All sides of all buildings shall be finished
similarly to the front facade.
(3)
Residential style, details, finishes, roof pitches
and similar design elements shall be used.
(4)
The use of central pedestrian areas, courts
and plazas shall be encouraged with special emphasis given outside
dining areas.
(5)
Clearance of land shall be limited to that phase
for which a building permit is obtained. Clearance of land on subsequent
phases shall not occur until design standards on the prior phase are
completed. Notwithstanding the foregoing, limited land clearance or
disturbance shall be permitted in project areas reserved or approved
for subsequent phases to permit installation, construction and/or
maintenance of improvements to service phases under development, including
but not limited to underground utility lines or stormwater detention
facilities. Such limited clearance or disturbance of land shall be
restored to its prior condition to the extent practicable.
(6)
Retail use on the entire site shall be limited
to 50%.
G.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
the proposed improvements to the off-site road infrastructure are
completed as provided in the Master Plan or until such time as the
Township Engineer and the Planning Board by majority vote certify
to the Township Committee that then-current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the road area to be developed as compared to the district as a
whole.
[Amended 12-26-1978 by Ord. No. 78-23; 3-25-1980 by Ord. No. 80-3; 9-25-1980 by Ord. No. 80-14; 7-13-1999 by Ord. No. 99-30]
A.
Purpose. The purpose of the O-2 Office District is
to provide particular areas along Route 206 for small employment centers
of a nonmanufacturing or nonassembly nature and/or encourage comprehensively
planned community shopping centers that will offer a variety of conveniences
to Hillsborough residents including greater opportunities for employment.
Further intent of this ordinance is to encourage a variety of mixed
uses.
B.
Permitted principal uses.
(1)
Offices and office buildings; research laboratories.
(2)
Fiduciary institutions.
(3)
Hospitals, medical center and veterinary hospital.
(4)
Mortuaries.
(5)
Farms and agricultural uses, as allowed in § 188-98B(4).
(6)
Freestanding restaurants and restaurants located
in multi-use buildings, not including drive-through facilities.[1]
[Amended 6-23-2009 by Ord. No. 2009-23]
[1]
Editor's Note: Former Subsection B(6), utilities, was repealed
3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former
Subsection B(7) through (9) as Subsection B(6) through (8), respectively.
(7)
Child-care and adult day-care centers. Child-care
and adult day-care centers shall be subject to site plan approval.
Site plan approval is also required where the original site plan does
not anticipate use of all or a part of the premises as a child-care
or adult day-care center but such use subsequently occurs. No building
permit shall be issued for modification of all or part of the premises
for use as a child-care or adult day-care center until revised site
plan approval has been obtained from the Planning Board or Board of
Adjustment, as appropriate.
[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]
(8)
Community shopping center including retail sales of goods and personal service establishments, freestanding restaurants, outdoor garden centers, theaters, dinner theaters, theatrical play houses for live performances, bowling alleys, ice and roller skating rinks, gymnasiums, juvenile exercise facilities, offices, catering and banquet facilities; public facilities including, but not limited to, government offices, auditoriums, meeting halls, libraries, museums, cultural facilities, parks, and park and ride facilities, provided that the development meets the bulk and design standards set forth in Subsection F.
[Amended 6-7-2010 by Ord. No. 2010-14]
E.
Area, yard and bulk regulations. (For community shopping centers see Subsection F.)
(1)
Minimum lot area. The minimum lot area shall
be two acres, except that where buildings over two stories are to
be erected, the minimum lot area shall be five acres.
(2)
Minimum lot dimensions. For lots less than five
acres the minimum lot depth shall be 300 feet and the minimum lot
width shall be 200 feet. For lots five acres and larger the minimum
lot depth shall be 500 feet and the minimum lot width shall be 400
feet.
(3)
Minimum front yard: 150 feet.
(4)
Minimum side yards. The minimum distance between
each side yard line and building shall be 20 feet, except that the
two side yards shall equal the equivalent of at least 30% of the lot
width. Buildings erected higher than two stories shall have a minimum
setback of five times the building height when adjoining a residential
zone and the equivalent of 1.5 times the building height when abutting
a nonresidential zone or 30 feet, whichever is greater.
(5)
Minimum rear yards. The minimum rear yard shall
be 50 feet. Where the building is erected higher than two stories,
the setback shall be five times the building height from any adjoining
residential zone and at least the equivalent of 1.5 times the building
height from any adjoining nonresidential zone or 50 feet, whichever
is greater.
(6)
Maximum height: 40 feet (absolute).
[Amended 6-22-1993 by Ord. No. 93-21]
(7)
Maximum lot coverage. The maximum lot coverage
by buildings and impervious surfaces shall be 50%.
(8)
Maximum floor area ratio. The maximum floor
area ratio (FAR) shall be 0.3. The floor area occupied in any such
building or structure as a child-care center shall be excluded in
calculating the permitted density allowable for that building or structure.
[Amended 8-14-1990 by Ord. No. 90-14]
(9)
Buffers. Buffer areas shall be at least 25 feet
wide and are required along all property lines abutting any residential
district, around loading and trash collection points, around parking
lots abutting streets and along street lines where residences or residential
zoning is across the street.
[Amended 7-14-1981 by Ord. No. 81-11]
F.
Area, yard and bulk for community shopping centers.
(1)
Area, yard and bulk regulations (minimums).
(a)
Lot area: 60 acres, except that the tract will
be considered one contiguous parcel if subdivided by future public
road rights-of-way.
(b)
Lot width: 500 feet.
(c)
Lot depth: 500 feet from any proposed right-of-way
as shown on the Master Plan.
(d)
Front yard setback on internal drives shall
be 30 feet.
(e)
Rear yard setbacks shall be 50 feet.
(f)
Front and side yard setbacks shall be 50 feet
from any public right-of-way, except there shall be 125 feet from
any residentially zoned property or residential use other than where
land fronts Route 206.
(g)
Not withstanding the front and side yard setback
requirements of this section, the minimum distance between buildings
shall be 1 1/2 times the height of the buildings, except that
where buildings of unequal height are involved the minimum distance
shall be computed using the highest building. Building adjoined by
a full width canopy or roof connection shall be no less than 25 feet
apart.
(h)
The minimum size of individual tenant or use
shall be 2,000 square feet.
(2)
Area, yard and bulk regulations (maximums).
(a)
Total impervious surface coverage shall not
exceed 60% on the entire tract.
(b)
Building height shall not exceed 45 feet.
(c)
Outdoor garden center(s) attached to a building(s) with an aggregate area not exceeding 3% of the permitted gross floor area pursuant to Subsection F(2)(d) shall not be credited against the permitted gross floor area. To the extent the area of outdoor garden center(s) exceeds 3% of the permitted gross floor area pursuant to Subsection F(2)(d), said excess shall be credited against the permitted gross floor area in calculating the total area under roof of all tenants and uses.
(d)
Floor area ratio shall not exceed 10% excluding
outdoor garden centers attached to a building.
(e)
The maximum single building size shall not exceed
50% of the total floor area ratio (FAR) permitted by this section
unless by use of varied architecture or staggered facades or pedestrian
spaces such as plazas and walkways the appearance of multiple buildings
is achieved. In that event the maximum building size may be increased
to 75% of the floor area ratio (FAR) permitted by this section.
(f)
The maximum size of any individual tenant or use may not exceed 125,000 square feet under roof. An individual tenant or use may have an attached outdoor garden center, which may exceed 3% of the permitted gross floor area without reducing the size of the individual tenant or use under roof provided there is the appropriate credit elsewhere in the development against the permitted gross floor area as provided in Subsection F(2)(c) above, and subject to the other limiting regulations of this chapter.
G.
Design standards for community shopping centers.
(1)
A comprehensive design for the entire tract
must be approved as a single development. Phasing, although permitted,
must be shown on the preliminary plan.
(2)
Planned commercial development must be located
along Route 206 and at the intersection with at least one major collector
road.
(3)
The design of the planned commercial development
must be based upon a unified comprehensive architectural and landscaping
theme.
(4)
The comprehensive design must have a sign manual
as a part of the architectural concept in accordance with the existing
ordinance.
(5)
Exterior materials shall be selected for suitability
to the type of buildings and the design in which they are used and
use of masonry construction materials shall be encouraged. Buildings
within the site which are visible from multiple vantage points within
the site shall have all sides finished as facades, of matching architectural
appearance, including a finished roof line and shielded heating and
air conditioning units. The sides of buildings which are only visible
from outside the site shall be treated with building materials, roof
styles and colors which are visually compatible with the building's
facade and shall incorporate architectural elements which approximate
the facade treatment while not necessarily including windows or doors.
(6)
Mechanical equipment and other utility hardware
shall be properly screened from public view if placed on the roof.
(7)
Ground level utility cabinets shall be properly
screened with fence or landscaping or both.
(8)
Exterior building lighting if any shall be part
of the architectural concept.
(9)
Public water and public sewer must be available.
(10)
A minimum of 40% of the entire tract shall be
used for open space, either landscaped or left in its natural condition.
This shall include up to 16% of the entire tract which must be functional
space not encumbered by wetlands, open waters or easements and which
shall be reserved for public access and public purposes. If these
lands are dedicated to the Township they shall be dedicated in proprietary
fashion.
(11)
Except for the standards cited, the planned community shopping center shall conform to Article IV, Design and Performance Standards, of this chapter. To the extent of any conflict between this section and said Article IV, this section shall control and supersede Article IV. Where conflicts arise, this section shall prevail.
(12)
Buffer areas shall be at least 50 feet wide
and are required along all property lines abutting any residential
zone or residential use, and along street lines where residences or
residential zoning is across the street. A ten-foot buffer shall be
required around loading areas and trash collection points that do
not abut a residential zone or residential use. Buffers shall be included
as part of the setback standard.
(13)
Included in the natural features of the site
not utilized for construction may be, if requested by the Township,
an outdoor pedestrian plaza suitable for public gathering which may
include any combination of paved or natural pathway or lawn suitable
for pedestrian use and shall include such appurtenances as seating,
landscaping and lighting.
(14)
Up to 10% of the total parking required in § 188-68 shall be designated available for park-and-ride use.
(15)
Cross easements shall be reasonably made available
to allow for vehicles and pedestrian access to adjoining lots fronting
U.S. Route 206 or collector roadways.
(16)
There shall be a comprehensive pedestrian access
plan approved by the Planning Board. Such plan should encourage pedestrian
activity, promote pedestrian safety and provide linkage to off-site
sidewalks and paths.
(17)
The plan must incorporate a mixture of uses
to provide a variety of services in one of two options to be selected
by the applicant as follows. Percentages shall be based on the floor
area ratio (FAR).
[Amended 4-9-2002 by Ord. No. 2002-9]
(a)
Option A. Under Option A, the plan may have
a maximum of up to 89% retail use and, must also have at least 4%
for the sale of prepared food products, including restaurants and
fast-food establishments, and must also have at least 5% office uses
and must also have at least 2% of any combination of food services,
office or entertainment/recreation.
(b)
Option B. Under Option B, the plan may have
a maximum of up to 94% retail use and must also have at least 4% for
the sale of prepared food products, including restaurants and fast-food
establishments, and must also have at least 2% of any combination
of food services, offices, or entertainment/recreation.
(c)
Under Option B, the applicant shall set aside and dedicate for public use an additional 2% of the gross tract area, in addition to the open space requirement under § 188-103G(10), for an area of contiguous usable open space not encumbered by wetlands, open waters or easements to be reserved for public access and purpose. Any such open space area shall be accessible to the general public through a right-of-way or easement dedication. The Township shall first be given the opportunity to obtain said open space by way of dedication from the applicant. Should the Township accept the dedication, the Township may use the open space for any permitted public purpose. Should the Township decline the dedication of the open space, ownership and maintenance of said open space shall be the responsibility of the property owner, and use of the open space shall be limited to passive or active recreational use or other uses consistent with the dedication for public access and purpose which shall be accomplished by way of a recorded deed restriction in a form approved by the Board Attorney.
(18)
The developer must mitigate any municipal services
which burden the development and are imposed upon the Township, not
limited to police, fire and/or rescue squad.
H.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
the proposed improvements to the off-site road infrastructure are
completed as provided in the Master Plan or until such time as the
Township Engineer and the Planning Board by majority vote certify
to the Township Committee that then-current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the area to be developed as compared to the district as a whole.
Finds in the escrow account shall be expended by the Township for
their intended purpose within five years of deposit or shall be returned
with interest to the developer.
[Added 10-12-1982 by Ord. No. 82-13]
I.
Subdivision of community shopping centers.
[Added 4-9-2002 by Ord. No. 2002-9]
(1)
For the purposes of individual building and associated accessory use ownership, subdivision of approved community shopping centers in accordance with applicable Township ordinances and regulations, and other applicable law shall not be prohibited by the terms of this chapter. Any such subdivision shall be subject to Planning Board approval and submission and approval of the appropriate cross-easements as set forth in Subsection I(2) below. Any resolution of subdivision approval and any cross-easements shall provide that the type of use to be conducted on the subdivided area shall be such that the percentages of uses established for the entire community shopping center as set forth in § 188-1033G(17) will not be altered. The Planning Board shall consider subdivision of community shopping centers only after final site plan approval is granted.
(2)
The board of jurisdiction shall condition final
subdivision approval upon submission by the applicant, and approval
by the Board Attorney, of a declaration of covenants and restrictions
or other suitable instrument in recordable form setting forth the
mechanisms by which issues common to the community shopping center
will be addressed. Common issues may include, and by way of example
and not limitation, access, security, outside cleaning and other routine
external maintenance, external repainting, maintenance of the common
areas and common open space, garbage collection and snow removal.
(3)
Modifications to any improvements in an approved
community shopping center shall require amended site plan approval
for the entire community shopping center tract, regardless of any
subdivisions of land that are made subsequent to site plan approval.
Zoning and design standards that are in place for the entire community
shopping center tract shall govern individual lots if so subdivided.
No action to amend any previously approved site plan shall be taken
by the Planning Board or by any other municipal body with jurisdiction
until such time as evidence of consent to the application for amended
site plan approval by all owners currently within the community shopping
center is submitted to the Planning Board.
[Added 9-25-1980 by Ord. No. 80-14; amended 7-14-1981 by Ord. No. 81-11; 10-12-1982 by Ord. No. 82-13; 6-24-1990 by Ord. No. 90-12]
A.
Purpose. The purpose and intent of creating the Home
Occupation Office District is to provide for home occupations and
offices of small employment nature along portions of Route 206, Amwell
Road and Hamilton Road. This zone is intended to act as a transition
or buffer between large traffic volumes on Route 206 and Amwell Road
and the high activity around and within the Township center area and
present single-family uses. Strip retail and highway commercial uses
and uses with extensive lighting, signing, art and traffic requirements
are specifically not intended.
B.
Permitted principal uses: existing dwellings:
(1)
Single-family detached dwellings.
(3)
Conversion of existing residential structures
to office uses, subject to site plan review and the following special
requirements:
(a)
The conversion of an existing residential structure
to an office use shall only be permitted where the character of the
existing structure is maintained and where all off-street parking
and other requirements contained in this chapter are met.
(b)
There shall be no physical evidence of said
office use from the exterior of the building.
(c)
The remodeling of any residential building in
order to create an impression of business activity is prohibited.
(e)
At the time of site plan review, placement of
an access drive shall be determined so as to allow for a future common
drive with an adjacent residential parcel at one side yard. In addition,
reservation of an access easement to allow for such a possibility
at the opposite side yard may be required. Similarly, depending on
lot configuration, rear yard cross-easements to permit for interconnection
of parking areas may be required.
(f)
No parking shall be permitted in the existing
front yard of the dwelling.
(g)
Rear and side yards shall be a minimum of 10
feet with adequate landscaping and/or screening to shield parking
areas from adjoining lots.
(4)
Child-care and adult day-care centers. Child-care
and adult day-care centers shall be subject to site plan approval.
Site plan approval is also required where the original site plan does
not anticipate use of all or a part of the premises as a child-care
or adult day-care center but such use subsequently occurs. No building
permit shall be issued for modification of all or part of the premises
for use as a child-care or adult day-care center until revised site
plan approval has been obtained from the Planning Board or Board of
Adjustment, as appropriate
[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]
C.
Accessory uses.
(1)
Parking areas are required and shall be designed
to be coordinated with adjoining lots with the ultimate goal of controlling
the number of access points to Route 206 and Amwell Road. Toward this
goal, access drives may be granted temporary approval to be removed
when alternate access becomes available in the future.
(2)
Trash and garbage collection areas.
(3)
Loading areas.
D.
Conditional uses.
(1)
Vacant lots.
(a)
Vacant lots in the HOO Zone may be developed for professional office
use, subject to site plan review and the following standards:
[1]
Minimum lot area: two acres.
[2]
Minimum front yard: the minimum front yard shall
be the lesser of 125 feet or the average setback of existing buildings
on the same side of the street within 200 feet on each side of the
lot, provided that no building shall be erected nearer than 50 feet
to the street right-of-way line.
[3]
Minimum side yards: 30% of the lot width but
not less than 20 feet.
[4]
Minimum rear yard: 50 feet.
[5]
Maximum height: 35 feet.
[Amended 6-22-1993 by Ord. No. 93-21]
[6]
Minimum lot width: 200 feet.
[7]
Maximum lot coverage: 30%.
[8]
Maximum floor area ratio: The maximum floor
area ratio (FAR) shall be 4%.
(b)
Additional standards for professional office use on any existing
vacant lots:
[1]
The professional office development shall be
planned and designed as a single complex according to a comprehensive
site development plan with internal site, building design and maintenance
controls.
[2]
Individual offices shall have a minimum floor
area of one thousand square feet. No individual office building shall
exceed a maximum floor area of 4,000 square feet. The average floor
area for office buildings shall not exceed 2,000 square feet.
[3]
The distance, at the closest point, between
any two office buildings shall not be less than 20 feet.
[4]
A comprehensive signage plan shall be provided
which covers the overall project identification and the individual
building/tenant identification. All signage must be consistent with
the small-scale professional office character. A signage hierarchy
shall be established which allows for the largest signage for the
project identification and the smallest signage for individual tenant
identification.
[5]
All office buildings shall be designed and constructed
to provide architectural and land use consistency to reflect the character
of the surrounding neighborhood.
(2)
Nurseries and garden centers with ancillary
uses, including the sale and repair of lawn and garden equipment,
the sale of hardware and parts for lawn and garden equipment, the
sale of landscape supplies and equipment and the sale of propane,
subject to the following standards:
[Added 3-8-2011 by Ord. No. 2011-03]
E.
Buffer areas: At least 35 feet along all property
lines abutting any residential district and at least 20 feet wide
around parking lots abutting streets and around all loading and trash
collection points.
F.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
the proposed improvements to the off-site road infrastructure are
completed as provided in the Master Plan or until such time as the
Township Engineer and the Planning Board by majority vote certify
to the Township Committee that then-current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the area to be developed as compared to the district as a whole.
Funds in the escrow account shall be expended by the Township for
their intended purpose within five years of deposit or shall be returned
with interest to the developer.
[Amended 12-26-1978 by Ord. No. 78-23; 9-25-1980 by Ord. No. 80-14]
A.
Purpose. The purpose of the O-5 Office/Research District
is to provide employment opportunities of a light manufacturing and
office nature which are compatible with a transition area between
industrial uses, major transportation routes and residential neighborhoods.
[Amended 7-14-1981 by Ord. No. 81-11]
B.
Permitted principal uses.
(1)
Offices and office buildings.
(2)
Research laboratories.
(3)
Fiduciary institutions.
(4)
Hospitals, medical centers and veterinary hospitals.
(6)
Light manufacturing which involves processing,
assembly or packaging of material completely within an enclosed building
but which does not involve refinement of bulk raw material. Outside
storage is prohibited.
(8)
Freestanding restaurants and restaurants located
in multi-use buildings, not including drive-through facilities.
[Amended 6-23-2009 by Ord. No. 2009-23]
(9)
Child-care and adult day-care centers. Child-care
and adult day-care centers shall be subject to site plan approval.
Site plan approval is also required where the original site plan does
not anticipate use of all or a part of the premises as a child-care
or adult day-care center but such use subsequently occurs. No building
permit shall be issued for modification of all or part of the premises
for use as a child-care or adult day-care center until revised site
plan approval has been obtained from the Planning Board or Board of
Adjustment, as appropriate.
[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]
D.
Area, yard and bulk regulations.
(1)
Minimum lot area. The minimum lot area shall
be five acres.
(2)
The minimum lot depth and width shall be 300
feet.
(3)
Minimum front yard. The minimum building setback
for all principal permitted uses, except light manufacturing, shall
be 125 feet. The light manufacturing front yard shall be 175 feet.
(4)
Minimum side yards. The minimum side yards for
all principal permitted uses except light manufacturing shall be 100
feet. The light manufacturing side yard shall be a minimum of 125
feet, except that the two side yards shall equal the equivalent of
at least 30% of the lot width. Buildings erected higher than two stories
shall have a minimum setback of five times the building height when
adjoining a residential zone.
[Amended 7-14-1981 by Ord. No. 81-11]
(5)
Minimum rear yard: 125 feet. Where the building
is erected higher than two stories, the setback shall be five times
the building height from any residential zone.
(6)
Maximum height shall be 40 feet (absolute).
[Amended 6-22-1993 by Ord. No. 93-21]
(7)
Maximum lot coverage by buildings and impervious
surfaces shall be 50%.
(8)
Maximum floor area ratio (FAR) shall be 0.3.
The floor area occupied in any building or structure as a child-care
center shall be excluded in calculating the permitted density allowable
for that building or structure.
[Amended 8-14-1990 by Ord. No. 90-14]
(9)
Buffer areas shall be at least 100 feet wide
along all property lines abutting any residential district and along
street lines where residences or residential zoning is across the
street. Buffer areas at least 20 feet wide shall be required around
loading and trash collection points and around parking lots abutting
streets.
(10)
Office parks. Office parks shall be 50 acres
or more, and the average lot size shall be not less than five acres.
No lot shall be less than two acres, and for those lots less than
five acres in size, an equivalent number of lots greater than five
acres shall be developed so that the average lot size shall not be
less than five acres. No lot of less than five acres shall be approved
unless the application includes one or more lots greater than five
acres to maintain the required average lot size. No lot less than
five acres shall have less than 300 feet of street frontage on a street
improved to the Township specifications, and each lot shall be served
by water, sewerage and drainage improvements, all improved to Township
specifications.
E.
Conditional uses.
[Amended 6-10-1986 by Ord. No. 86-8; 12-10-1991 by Ord. No. 91-28; 6-23-2009 by Ord. No. 2009-23]
(2)
Conditional uses as set forth in Subsection C(1)(a), (b), (c), (d) and (h) [excluding Subsection C(1)(e), (f) and (g)] of § 188-113, CDZ Corporate Development Zone, shall be permitted in the O-5 Office/Research District, provided that any such conditional use from the CDZ District to be erected in the O-5 District and not already erected in the O-5 District shall be designed in accordance with the CDZ regulations and design concepts.
F.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
the proposed improvements to the off-site road infrastructure are
completed as provided in the Master Plan or until such time as the
Township Engineer and the Planning Board by majority vote certify
to the Township Committee that then-current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the area to be developed as compared to the district as a whole.
Funds in the escrow account shall be expended by the Township for
their intended purpose within five years of deposit or shall be returned
with interest to the developer.
[Added 10-12-1982 by Ord. No. 82-13]
A.
Purpose.
[Amended 8-10-1982 by Ord. No. 82-11]
(1)
The purpose of the I-1 and I-2 Light Industrial
Districts is to create zoning districts recognizing the existing pattern
of small industrially oriented facilities, allowing the remaining
vacant lots in the same areas to be developed with similar uses and
providing areas for modest industrial operations.
(2)
The purpose of the I-3 Light Industrial District
is to create a zoning district with a mix of high quality uses. The
zone shall encourage innovative building and design and extraordinary
uses of topography and landscape within the prescribed standards of
the zone. Of extreme importance will be considerations of the effects
of one building upon another and upon abutting residential zones.
Use of berms, changes of grade, intense use of landscaping and use
of earthtone building materials shall be required.
B.
Principal permitted uses.
(1)
Offices and office buildings.
(3)
Assembling finished products completely within
an enclosed building.
(4)
Research.
(5)
Lumberyards.
(6)
Freestanding restaurants and restaurants located
in multi-use buildings, not including drive-through facilities.[2]
[Amended 6-23-2009 by Ord. No. 2009-23]
[2]
Editor's Note: Former Subsection B(6), utilities, was repealed
3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former
Subsection B(7) through (13) as Subsection B(6) through (12), respectively.
(7)
Child-care and adult day-care centers. Child-care
and adult day-care centers shall be subject to site plan approval.
Site plan approval is also required where the original site plan does
not anticipate use of all or a part of the premises as a child-care
or adult day-care center but such use subsequently occurs. No building
permit shall be issued for modification of all or part of the premises
for use as a child-care or adult day-care center until revised site
plan approval has been obtained from the Planning Board or Board of
Adjustment, as appropriate.
[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]
(8)
Contractor facilities.
[Added 9-9-2008 by Ord. No. 2008-29;
amended 6-23-2009 by Ord. No. 2009-25]
(9)
Indoor
recreation facilities.
[Added 12-22-2009 by Ord. No. 2009-42]
(10)
Medical offices and veterinary hospitals.
[Added 12-22-2009 by Ord. No. 2009-42]
(11)
Retail sales of goods and services limited to products manufactured
by that company, such as a service center for office computers or
copying machines, or the retail sale of secondhand, damaged or rejected
products produced by the company, such as an outlet store, and which
shall not exceed 5% of the gross floor area.
[Added 12-22-2009 by Ord. No. 2009-42]
(12)
Fiduciary institutions.
[Added 12-22-2009 by Ord. No. 2009-42]
D.
Conditional uses.
[Amended 12-26-1978 by Ord. No. 78-23; 10-12-1982 by Ord. No. 82-13; 6-10-1986 by Ord. No. 86-8; 6-23-2009 by Ord. No. 2009-23]
(1)
Vehicle service facility.
(a)
All lubrication, repair or similar activities shall be performed
within a building or enclosed structure, and no dismantled parts shall
be stored or displayed outside of a building or enclosed structure.
(b)
No junked motor vehicle or part thereof, or such vehicles incapable
of normal operation on a roadway, shall be permitted on the premises
of the vehicle service facility.
(c)
There is one parking space required for each employee plus two spaces
for each service bay.
(d)
The minimum building setback is 75 feet to any residential zone boundary
or residential lot line.
(e)
A minimum sixty-foot buffer shall be provided to any adjoining property
line. Such buffer shall be reviewed by the appropriate land use board
to determine if the existing vegetation is sufficient to provide a
year-round screen or if the existing vegetation needs to be enhanced
by additional plantings and/or a fence and/or a berm, as appropriate.
A conservation easement shall be established by the applicant to include
the required buffer area, subject to approval by the Township Attorney
and recorded prior to the issuance of a certificate of occupancy.
(2)
Heliports in the I-2 District only, subject to compliance with the applicable requirements contained in § 188-53.
(4)
Dispatch
services.
[Added 9-22-2009 by Ord. No. 2009-29]
(a)
Minimum lot size: two acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum front yard: 50 feet.
(d)
Minimum side yard: 25 feet.
(e)
Minimum rear yard: 150 feet.
(f)
Maximum impervious coverage: 60%.
(g)
Maximum building height: 35 feet.
(h)
Minimum buffer: 20 feet, except that a minimum fifty-foot buffer
is required where located adjacent to a residential zone boundary
or to an existing residence lot line.
(i)
The minimum number of off-street parking spaces for dispatch services
shall be 3.5 spaces per 1,000 square feet of usable floor area.
(5)
Internet
vehicle processing facility is permitted in the I-1 District only.
Except as modified by the specific conditional use standards as provided
below, the general area, bulk and yard requirements for the I-1 District
shall apply.
[Added 9-14-2010 by Ord. No. 2010-26]
E.
Area, yard and bulk regulations.
[Amended 8-10-1982 by Ord. No. 82-11]
(1)
Minimums.
|
District
| ||||
|---|---|---|---|---|
|
Regulation
|
I-12
|
I-2
|
I-32
| |
|
Lot area1
|
1 acre
|
2 acres
|
2 acres
| |
|
Lot width
|
200 feet
|
300 feet
|
200 feet
| |
|
Lot depth1
|
200 feet
|
300 feet
|
300 feet
| |
|
Front yard1
|
50 feet
|
75 feet (125 feet fronting Route 206)
|
50 feet (125 feet fronting Route 206)
| |
|
Side yard
|
25 feet each
|
50 feet each
|
25 feet each3
| |
|
Rear yard
|
50 feet
|
100 feet
|
150 feet
| |
|
NOTES:
| |
|
1 None of these dimensions
shall include any of that portion of the lot included in either any
existing street or any proposed street widening shown on the Master
Plan.
| |
|
2 Any lot having
frontage on Route 206 shall conform to the I-2 standards.
| |
|
3 Any lot having
frontage on major collector roads shall have side yards of 50 feet
each.
|
(2)
The maximum lot coverage by buildings and impervious
surfaces shall be 60%.
(3)
The maximum building height shall be 35 feet.
[Amended 6-22-1993 by Ord. No. 93-21]
(4)
Buffer areas.
(a)
For I-1 and I-2 Districts, buffer areas shall
be at least 20 feet wide and are required along all property lines
abutting residential districts, around loading and trash collection
points visible from abutting residences or residential zoning districts
or public streets, around parking lots abutting streets and along
street lines where residences or residential zoning is across the
street, except that no buffer shall be required along a lot line or
zoning district line abutting an active railroad.
(b)
For I-3 Districts, buffer areas shall be at
least 100 feet wide and are required along all property lines abutting
residential districts, around loading and trash collection points
visible from abutting residences or residential zoning districts,
around parking lots abutting streets and along street lines where
residences or residential zoning is across the street.
(5)
Each lot shall have frontage on an improved
public street, and no lot shall contain more than one principal use.
F.
Performance standards. Standards shall be the same as those in § 188-107G.
[Added 12-22-1981 by Ord. No. 81-21]
G.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
the proposed improvements to the off-site road infrastructure are
completed as provided in the Master Plan or until such time as the
Township Engineer and the Planning Board by majority vote certify
to the Township Committee that then-current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the area to be developed as compared to the district as a whole.
Funds in the escrow account shall be expended by the Township for
their intended purpose within five years of deposit or shall be returned
with interest to the developer.
[Added 10-12-1982 by Ord. No. 82-13]
H.
Multifamily
Inclusionary Overlay District.
[Added 12-10-2019 by Ord. No. 2019-20]
(1)
Purpose, applicability, and affordable housing obligation.
(a)
The purpose of the Multifamily Inclusionary Overlay District
is to provide an incentive for the construction of affordable multifamily
housing in the I-3 District. The standards are intended to offer maximum
flexibility for site design and selection of dwelling unit types in
order to offer a balanced housing pattern attractive to all income
and age segments of the community as part of the Township's fair share
housing plan for meeting the region's low- and moderate-income housing
needs.
(b)
This overlay district applies to Lot 1.05 in Block 58 on the
Hillsborough Township Tax Map, which must be planned and developed
as a single tract to qualify for the overlay option. For the purposes
of this section, a "tract" is defined as an area of land comprised
of one or more adjacent lots which together have sufficient dimension
and area to make one parcel of land meeting the requirements of this
section for the uses intended.
(c)
A minimum of 24% of the total number of residential units shall be low- and moderate-income units in accordance with applicable affordable housing regulations, including but not limited to Article VII of this chapter, and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this subsection, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income). In no case shall there be less than 23 low- and moderate-income units provided on the tract, regardless of the total number of units constructed.
(2)
Permitted principal uses in the overlay district: Multifamily
residential buildings. The total number of dwelling units on the tract
shall not exceed 96 units.
(3)
Permitted accessory uses in the overlay district.
(4)
Tract requirements. The minimum tract size shall be 13 acres.
(5)
Yard and bulk requirements for multifamily buildings.
(a)
Minimum lot size: 13 acres.
(b)
Minimum lot frontage: 300 feet on Campus Drive.
(c)
Minimum lot depth: 400 feet.
(d)
Minimum building setback: 50 feet from tract boundary; 12 feet
from the closest point of the building to the curb along all internal
streets.
[Amended 2-11-2020 by Ord. No. 2020-01]
(e)
Maximum total impervious coverage (entire tract): 30%.
(f)
Maximum building height.
(g)
Maximum building length: 150 feet.
(h)
Minimum building-to-building distance requirements: 20 feet,
except for accessory structures/buildings.
(6)
Parking requirements.
(a)
Parking shall be provided in accordance with the Residential
Site Improvement Standards (RSIS).
(b)
All parking areas shall be set back at least 15 feet from a
property line. In addition, parking that is potentially visible from
a residential or institutional use shall be appropriately screened
by a combination of landscaping, berms and/or fencing that is acceptable
to the applicable reviewing board.
(c)
The interior of parking lots shall be landscaped to provide
shade and visual relief. Each row of 10 adjacent spaces shall be separated
from the next space by a five-foot-wide, ten-foot-long tree peninsula,
which shall contain, at a minimum, one deciduous street tree and appropriate
ground cover.
(7)
Signs. A signage program shall be established as part of the development review and approval process, pursuant to the requirements contained in § 188-83G, unless otherwise noted below.
(a)
There shall be a consistent sign design theme throughout the
development. A unifying design theme shall include style of lettering,
method of attachment, construction material, size, proportion and
lighting. Signs shall be a subordinate, rather than a predominant,
feature of any building.
(b)
A comprehensive signage plan shall be provided which covers
overall project identification, individual building identification,
traffic regulations, pedestrian crossing, street identification, parking
and directional instructions.
(c)
The tract may have one permanent entry sign with a maximum area
of 20 square feet and shall not exceed a height of four feet. The
permanent sign shall be located near the entrance drive, but shall
not be located within any sight triangles nor closer than 20 feet
from a public right-of-way.
(8)
Open space requirements.
(a)
No less than 40% of the total tract area shall be devoted to
a contiguous, uninterrupted conservation and/or open space area. Required
open space may include natural areas such as forests, fields, flood
hazard areas, watercourses, water bodies, stream corridors, wetland
areas, wetland buffer areas, and detention basins.
(b)
No land disturbance, improvements, structures, and/or installations
of any kind shall be permitted within the required open space. No
trash, waste, and/or any other materials shall be deposited or stored,
or allowed to be deposited or stored, anywhere within the open space
area. No buildings or structures of any description shall be located
or erected within the open space other than the improvements and drainage
facilities permitted herein.
(c)
Bicycle and pedestrian trails, fencing, security lighting, and
utilities servicing the development (both above and below ground)
may be provided in the required open space.
(d)
The regular and customary maintenance of vegetation and facilities
within the open space shall be conducted by a private association,
including, but not limited to: lawn maintenance; planting and mulching
of landscape beds; tree maintenance; removal of dead or diseased trees
or limbs; removal of invasive plant species; pond and stormwater facility
maintenance to preserve or improve water quality; cleaning, improvement,
and protection of drainage systems; site stabilization measures; and
similar improvements to keep the open spaces fully clean and maintained.
All maintenance activities located within designated wetland areas
shall be subject to and comply with all NJDEP rules, regulations and
restrictions.
(9)
Supplemental regulations.
(a)
A landscape plan shall be provided for the entire site and shall
be prepared by a licensed landscape architect.
(b)
Multiple buildings on the same site shall be designed to create
a cohesive relationship between the buildings. Exterior building design
shall be coordinated with regard to color, types of materials, architectural
form, modulated facades, and detailing.
(c)
There shall be a minimum 100-foot buffer adjacent to any residential
district or any existing residential use. Such buffer shall be reviewed
by the applicable approving board to determine if the existing vegetation
provides a sufficient year-round screen or if the existing vegetation
needs to be enhanced by a combination of additional plantings, fencing
and berms. Once all screening and landscaping improvements are completed,
a conservation easement shall be established by the applicant for
the buffer area and delineated with signage according to Township
regulations.
(d)
Fencing may be included on the perimeter of the tract, or within
the tract, provided that the fencing is of an architecturally compatible
design and consistent throughout the tract. Solid fences are prohibited
except when used for screening purposes. No fence shall exceed a height
of five feet above finished grade unless otherwise indicated herein.
(e)
An internal pedestrian circulation system shall be provided.
Appropriate sidewalks, pavement treatments, crosswalks, and signage
shall be provided. A pedestrian walkway and enhanced crosswalks shall
connect the internal pedestrian system to the on-site community facilities.
(f)
The following standards shall apply to trash enclosures:
[1]
All trash and recycling storage areas shall be screened from
the public view at the ground level using brick or masonry walls,
solid wooden fences or simulated wooden (e.g., PVC) fences and perimeter
landscaping on three sides and a compatible gate design on the fourth
side. All dumpsters shall have a secure lid.
[2]
Masonry walls shall be textured to blend into the overall design
of the project. Wood fencing shall be constructed of cedar or high-grade
pressure-treated pine. The height of the screening walls shall be
six feet.
[3]
Trash enclosures shall be located at least 20 feet from any
property line.
(g)
Any phasing of the project shall be subject to approval of a
phasing plan by the applicable board submitted with the site plan
application.
(h)
There shall be a fifty-foot buffer for the stream corridor that
is located on the property. The Township's Stream Corridor Ordinance,
which provides for a 150-foot buffer, shall not be applicable.
[Added 7-13-2021 by Ord.
No. 2021-12]
(i)
There shall not be any obligation on the developer of the project
to provide a downstream drainage study with respect to the viability
of the forty-two-inch pipe that is located under Dukes Parkway.
[Added 7-13-2021 by Ord.
No. 2021-12]
[Amended 12-26-1978 by Ord. No. 78-23; 9-25-1980 by Ord. No. 80-14; 5-25-1999 by Ord. No. 99-25]
A.
Purpose. The purpose of the GI Industrial District
is to provide areas where a wide range of industrial uses are permitted
within the limits of design and environmental regulations. This district
is located conveniently to the Route 206/Reading Railroad corridor,
where some scattered industry now exists but where the potential for
industrial growth is good due to convenient transportation routes,
utility services and population proximity. Additionally, portions
of the GI Industrial District within the identified Town Center and
in or abutting the identified Main Street core can provide for small
scale age restricted planned development where access to U.S. Route
206 and retail services is available within convenient walking distance
and where compatible with adjacent uses.
B.
Principal permitted uses.
(1)
Offices and office building.
(3)
Research.
(4)
The manufacturing, finishing and assembly of
products.
(5)
Outside manufacturing operations, provided that their location conforms to the setbacks for a principal structure and that they are buffered or screened according to the provisions of § 188-69, Outdoor storage, including non-motor vehicles, in Article IV.[2]
[Amended 3-10-2009 by Ord. No. 2009-07]
[2]
Editor's Note: Former Subsection B(5), utilities, was repealed
3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former
Subsection B(6) through (14) as Subsection B(5) through (13), respectively.
(6)
Hotels, motels and restaurants.
(8)
Child-care and adult day-care centers. Child-care
and adult day-care centers shall be subject to site plan approval.
Site plan approval is also required where the original site plan does
not anticipate use of all or a part of the premises as a child-care
or adult day-care center but such use subsequently occurs. No building
permit shall be issued for modification of all or part of the premises
for use as a child-care or adult day-care center until revised site
plan approval has been obtained from the Planning Board or Board of
Adjustment, as appropriate.
[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]
(9)
Contractor facilities.
[Added 6-23-2009 by Ord. No. 2009-25]
(10)
Indoor recreation facilities.
[Added 12-22-2009 by Ord. No. 2009-42]
(11)
Medical offices and veterinary hospitals.
[Added 12-22-2009 by Ord. No. 2009-42]
(12)
Retail sales of goods and services limited to products manufactured
by that company, such as a service center for office computers or
copying machines, or the retail sale of secondhand, damaged or rejected
products produced by the company, such as an outlet store, and which
shall not exceed 5% of the gross floor area.
[Added 12-22-2009 by Ord. No. 2009-42]
(13)
Fiduciary institutions.
[Added 12-22-2009 by Ord. No. 2009-42]
F.
Area, yard and bulk regulations. Principal permitted
uses.
(2)
Maximums.
(a)
The maximum building and impervious surface
coverage shall be 50%.
(b)
The maximum building height shall be 60 feet
but not higher than the equivalent of 1/5 the setback from any
residential zone boundary, whichever results in the lower structure.
(c)
The maximum floor area ratio shall be 0.3. The
floor area occupied in any building or structure, as a child-care
center shall be excluded in calculating the permitted density allowable
for that building or structure.
[Amended 8-14-1990 by Ord. No. 90-14]
(3)
Buffer areas shall be at least 100 feet wide
and are required along all property lines abutting any residential
district and along street lines where residences or residential zoning
is across the street. Buffer areas shall be at least 40 feet around
loading and trash collection points and around parking lots abutting
streets.
(4)
Each lot shall have frontage on an improved
public street, and no lot shall contain more than one principal use.
(5)
Industrial or office park.
(a)
An industrial or office park is a total tract
comprehensively planned, designed and approved for industrial or office
uses, whether or not the buildings are erected in one development
stage or over a period of time, but where the streets, utilities and
lots and/or tenants' parcels are set forth on a plan for the entire
tract prior to construction on any portion of the tract. As development
takes place in accordance with the approved plans, changes may be
made in the plans for the undeveloped sections to accommodate subsequent
land needs in the undeveloped sections, provided that the modifications
conform to logical extensions of installed segments of streets, drainage,
utilities and other facilities and are consistent with the intent
and restrictions of the original approval.
(b)
Industrial parks in the GI District shall be 25 acres or more. The average lot size for the park shall not be less than three acres. No lot shall be less than one acre. Lots of one acre must meet the area, yard, and bulk requirements of § 188-106 for the I-1 District. The minimum lot area for lots of two acres or larger will be a lot width of 175 feet, a front yard setback of 50 feet and a rear yard setback of 25 feet.
[Amended 7-14-1981 by Ord. No. 81-11]
(6)
The following area and bulk standards shall
apply to the Town Center age-restricted planned development:
(a)
Maximum impervious surface (tract): 50%.
(b)
Minimum lot dimensions (tract): neither the
width, nor the depth shall be less than 500 feet.
(c)
Minimum front yard (tract): 100 feet.
(d)
Minimum side yard (tract): 50 feet.
(e)
Minimum rear yard (tract): 50 feet.
(f)
Maximum building height: 2 1/2 stories
or 35 feet, whichever is less.
(g)
Maximum units/building: six.
(h)
Minimum distance between buildings: 30 feet.
G.
Performance standards. Prior to the issuance of any
building permit or certificate of occupancy for any use in this district,
the applicant shall submit sufficient evidence to the Zoning Officer,
and to the approving authority in connection with site plan review,
showing compliance with the applicable approval procedures of all
authorized governmental agencies and with all of the following regulations:
[Added 12-22-1981 by Ord. No. 81-21]
(1)
Fire and explosion hazards. All activities shall
be carried on only in structures which conform to the standards of
the National Board of Fire Underwriters or the Township Construction
Code and Fire Prevention Code,[5] whichever is more restrictive. All operations shall be
carried on, and all combustible raw materials, fuels, liquids and
finished products shall be stored, in accordance with the standards
of said Board of Fire Underwriters.
(2)
Radioactivity. Any activity which emits radioactivity
at any point outside the confines of a building is prohibited.
(3)
Smoke. There shall be no emission of visible
smoke at any point from any chimney or otherwise.
(4)
Fly ash, dust, fumes, vapors, gases. There shall
be no emission which can cause damage to health, to animals or vegetation
or other loss of property or which can cause any excessive soiling
at any point. Emission of any solid or liquid particles in concentrations
exceeding 0.2 grains per cubic foot of the conveying gas or air at
any point is prohibited. For measurement of the amount of particles
in gases resulting from combustion, correction shall be applied to
a standard stack temperature of 500º F. and 50% excess air.
(5)
Liquid or solid wastes.
(a)
No industrial operation shall discharge untreated
industrial wastes of any kind into any reservoir, pond, lake or detention
or retention system. The discharge of untreated industrial wastes
into a stream shall be prohibited. All methods of sewage and industrial
waste treatment and disposal shall be approved by the Township and
New Jersey State Health Departments. Effluents shall at all times
comply with the following standards:
[1]
Maximum five-day biochemical oxygen demand:
five parts per million.
[2]
Maximum quality of effluent: 10% of minimum
daily stream flow.
[3]
Maximum five-day biochemical oxygen demand after
dilution (BOD of effluent, multiplied by quantity of effluent, divided
by quantity of stream flow): 0.25 part per million.
[4]
Maximum total solids: 5,000 parts per million.
[5]
Maximum phenol: 0.01 part per million.
(b)
No effluent shall contain any other acids, oils,
suet, toxic metals, corrosive or other toxic substance in solution
or suspension which would create odors or discolor, poison or otherwise
pollute the stream in any way. The discharge and disposal of solid
and liquid wastes into an underground drainage field shall be in accordance
with plans and specifications as approved by the Township Engineer
and state and local Boards of Health.
(6)
Vibration. Air-induced vibration shall be limited
to the sound-pressure levels permitted under the section below. No
ground-transmitted vibration shall be generated which is discernible
to the human sense beyond the immediate site on which such use is
conducted.
(8)
Conformance to standards of other governmental
agencies. The standards herein set forth are additional and supplemental
to such other governmental agencies and standards as may be applicable
in any given situation. Whenever a development is subject to regulation
by the New Jersey State Department of Health, New Jersey State Department
of Environmental Protection, United States Environmental Protection
Agency, United States Department of Labor Occupational Safety and
Health Administration, United States Department of Transportation
hazardous materials transport regulations or any other board, body
or agency, the regulations and requirements of such other agency must
also be met, and proof of permit or approval of such other agency
shall be submitted to the approving agency of this Township.
(9)
In acting upon any application for site plan in this district, the approving authority shall have the authority to order independent inspection, evaluations and reports; shall have the right, in addition to other terms and conditions of approval, to require periodic monitoring, inspections and reporting of and by the developer to ensure, not only that the performance standards of this chapter are met at the time of application but that same shall continue to be met and not violated; and that the operation is not and does not become a prohibited use as set forth in § 188-97. See also § 188-25E.
H.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
the proposed improvements to the off-site road infrastructure are
completed as provided in the Master Plan or until such time as the
Township Engineer and the Planning Board by majority vote certify
to the Township Committee that then current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the area to be developed as compared to the district as a whole.
Funds in the escrow account shall be expended by the Township for
their intended purpose within five years of deposit or shall be returned
with interest to the developer.
[Added 10-12-1982 by Ord. No. 82-13]
[Added 3-10-2009 by Ord. No. 2009-10]
A.
Purpose. The purpose of the LI Light Industrial District is to provide
areas where a wide range of office, industrial and other nonresidential
uses are permitted within the limits of design and environmental regulations.
This district is located conveniently to the Route 206/freight rail
corridor, where some industrial parks and scattered industry now exists
but where the potential for industrial growth is good due to convenient
transportation routes, utility services and population proximity.
Transportation routes into and out of this district will improve because
of the planned construction of the Route 206 Bypass with intersections
at Hillsborough Road and at existing Route 206 and Mountain View Road.
B.
Permitted principal uses. All uses shall be provided at a scale and
size that is appropriate for the district. There may be more than
one permitted principal use or structure on a lot, subject to compliance
with § 107.1B to H below.
(1)
Research and product development laboratories mainly devoted
to research, design, and testing or experimentation, including processing
or fabricating that is clearly subordinate to the principal uses,
and specifically excluding the manufacturing, distribution or fabricating
on the premises of materials or finished products for sale directly
to the general public.
(2)
Offices, including medical offices and veterinary hospitals.
(3)
Computer centers, data processing and communications facilities.
(4)
Pharmaceutical research and development operations, which includes
discovery through clinical trials.
(5)
Pilot plants, which are facilities used to test concepts and
ideas and to secure other information prior to full-scale production.
(6)
Solar, wind and other alternative energy research and development
facilities.
(8)
The manufacturing, processing, finishing and assembly of products
completely within an enclosed building.
(9)
Child-care and adult day-care centers. Child-care and adult
day-care centers shall be subject to site plan approval. Site plan
approval is also required where the original site plan does not anticipate
use of all or a part of the premises as a child-care or adult day-care
center but such use subsequently occurs. No building permit shall
be issued for modification of all or part of the premises for use
as a child-care or adult day-care center until revised site plan approval
has been obtained from the Planning Board or Board of Adjustment,
as appropriate.
[Amended 9-22-2009 by Ord. No. 2009-31]
(10)
Public playgrounds, conservation areas, parks and other public
gathering places.[2]
[2]
Editor's Note: Former Subsection B(10), regarding utilities,
was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated
former Subsection B(11) through (22) as Subsection B(10) through (21),
respectively.
(11)
Agriculture support service, subject to site plan review and
the following specific requirements:
(a)
Any fertilizers, pesticides, soil conditioners or other bulk
chemicals not in individual containers or bags shall be housed in
a secure, dry storage facility.
(b)
Any mixing of dry agricultural chemicals and a solvent shall
take place in a structure sufficiently large to securely contain the
maximum amount to be mixed.
(12)
Garden centers or plant nurseries.
(13)
Home improvement centers.
(14)
Farm markets.
(15)
Contractor facilities.
[Amended 6-23-2009 by Ord. No. 2009-25]
(16)
Industrial or office park, subject to site plan review and the
following special requirements:
(17)
Commercial instructional activities.
(18)
Retail sales of goods and services limited to products manufactured
by that company, such as a service center for office computers or
copying machines, or the retail sale of secondhand, damaged or rejected
products produced by the company, such as an outlet store, and which
shall not exceed 5% of the gross floor area.
[Added 12-22-2009 by Ord. No. 2009-42]
(19)
Fiduciary institutions.
[Added 12-22-2009 by Ord. No. 2009-42]
(20)
Indoor recreation facilities and wellness centers.
[Added 8-10-2010 by Ord. No. 2010-25]
(21)
Freestanding restaurants and restaurants located in multi-use buildings,
not including drive-through facilities.
[Added 12-18-2012 by Ord. No. 2012-28]
(22)
Large-format supermarkets.
[Added 10-11-2022 by Ord. No. 2022-17]
C.
Permitted accessory uses and structures.
(1)
Uses customarily associated with the above permitted uses, provided
that such uses are subordinate to the principal use, do not change
the character of the principal use and serve only the principal use.
(2)
Restaurants or cafeterias supplying meals only to employees
and guests of a permitted use; as well as newsstands, post offices,
health clubs, copy centers, credit unions and banking facilities and
similar conveniences serving only employees and guests of the permitted
uses.
(3)
Conference center and in-service training school for on-site
employees.
(4)
Indoor and outdoor corporate recreation facilities, such as
tennis courts, basketball courts, jogging paths and exercise stations
and ball fields, provided that such uses, including any accessory
buildings associated therewith, shall be planned as an integral part
of the site and as a direct support to the permitted principal uses.
(5)
Maintenance, utility and storage facilities subordinate to any
permitted use.
(6)
Surface parking and loading provided in conjunction with a permitted
use.
(7)
Bus stop shelters, bike racks, mailboxes, phone booths, waste
receptacles, gatehouses, benches, kiosks, drinking fountains, art
sculptures, plazas, water features and other pedestrian and transit
amenities.
(8)
Trash and garbage collection areas which are fully screened
and constructed of materials that are compatible with the structure
to which they are associated.
(9)
Loading areas which are fully screened such that the screening
materials are compatible with the structure to which they are associated.
(10)
Outdoor storage may be provided in the side and/or rear yard
in conjunction with a permitted use, such that a minimum twenty-foot
buffer is required, except that a minimum sixty-foot buffer is required
where located adjacent to any residential zone boundary or residential
lot line. Such buffer shall be reviewed by the appropriate Board to
determine if the existing vegetation is sufficient to provide a year-round
screen or if the existing vegetation needs to be enhanced by additional
plantings and/or fencing and/or a berm, as appropriate. A conservation
easement shall be established by the applicant to include the required
buffer area, subject to approval by the Township Attorney and recorded
prior to the issuance of a certificate of occupancy.
D.
Conditional uses. Any buffer, bulk and parking requirements not specifically enumerated in this section for any conditional use shall be as required in Subsections E and F below.
(1)
Automobile service facility.
(a)
All lubrication, repair or similar activities shall be performed
within a building or enclosed structure, and no dismantled parts shall
be stored or displayed outside of a building or enclosed structure.
(b)
No junked motor vehicle or part thereof, or such vehicles incapable
of normal operation upon a roadway, shall be permitted on the premises
of the automobile repair facility.
(c)
There is one parking space required for each employee plus two
spaces for each service bay.
(d)
The minimum building setback is 75 feet to any residential zone
boundary or residential lot line.
(e)
A minimum sixty-foot buffer from any land disturbance shall
be provided to any adjoining property line. Such buffer shall be reviewed
by the appropriate Board to determine if the existing vegetation is
sufficient to provide a year-round screen or if the existing vegetation
needs to be enhanced by additional plantings and/or fencing and/or
a berm, as appropriate. A conservation easement shall be established
by the applicant to include the required buffer area, subject to approval
by the Township Attorney and recorded prior to the issuance of a certificate
of occupancy.
(3)
Gasoline service stations.
(a)
Must be located at least 75 feet from any residential zone boundary
or residential lot line.
(b)
A minimum sixty-foot buffer from any land disturbance shall
be provided to any adjoining property line. Such buffer shall be reviewed
by the appropriate Board to determine if the existing vegetation is
sufficient to provide a year-round screen or if the existing vegetation
needs to be enhanced by additional plantings and/or fencing and/or
a berm, as appropriate. A conservation easement shall be established
by the applicant to include the required buffer area, subject to approval
by the Township Attorney and recorded prior to the issuance of a certificate
of occupancy.
(c)
There is one parking space required for each employee plus two
spaces for each service bay.
(d)
A retail convenience store may be provided in conjunction with
a gasoline service station, provided that the following standards
are followed:
(e)
All lubrication, repair or similar activities shall be performed
within a building or enclosed structure, and no dismantled parts shall
be stored or displayed outside of a building or enclosed structure.
(f)
No junked motor vehicle or part thereof, or such vehicles incapable
of normal operation upon a roadway, shall be permitted on the premises
of the gasoline service station.
(g)
Auto repair may be provided in conjunction with a gasoline service
station, provided that all repairs are conducted inside a building.
(6)
Self-service storage facilities.
(a)
One ten-foot-wide parking and loading zone shall be provided
adjacent to each bay of storage buildings, exclusive of required aisle
widths.
(b)
The minimum aisle width for access to storage units shall be
a minimum of 24 feet for two-way travel and 15 feet for one-way travel,
exclusive of parking and loading zones.
(c)
An on-site office for the management of the facility is provided.
(d)
Off-street parking shall be provided in the vicinity of the
office at a ratio of one space per 50 units or part thereof.
(e)
The storage facility shall not exceed one story in height or
15 feet, whichever is less.
(f)
The storage facility shall be so designated so that no entryway
into a storage unit shall face a public right-of-way.
(g)
A minimum sixty-foot buffer is required to any adjoining property
line. Such buffer shall be reviewed by the appropriate Board to determine
if the existing vegetation is sufficient to provide a year-round screen
or if the existing vegetation needs to be enhanced by additional plantings
and/or fencing and/or a berm, as appropriate. A conservation easement
shall be established by the applicant to include the required buffer
area, subject to approval by the Township Attorney and recorded prior
to the issuance of a certificate of occupancy.
(7)
Off-street parking in multistory structures, subject to the
following standards:
(a)
A parking structure no taller than 20 feet (i.e., on grade plus
one elevated level) shall be a permitted conditional use if such structure
is set back at least 100 feet from any tract boundary line. The parking
garage may be higher in order to accommodate a roof with solar energy
panels.
(b)
Parking structures shall be architecturally compatible with
primary on-site buildings and structures. The location of parking
structures shall be limited by minimum setback requirements to assure
adequate shielding from off-site views from surrounding residential
neighborhoods. Ample landscape screening shall be provided by the
applicant to soften visual impacts associated with the construction
of parking structures.
(c)
Parking structures shall be included as part of the building
coverage calculation but shall not be included in the calculation
of floor area ratio.
(d)
The development phasing schedule shall include the construction
of parking structures in one of the early phases and prior to the
issuance of a certificate of occupancy for any of the last 50% of
the associated land uses.
(8)
Freestanding restaurants with drive-through facilities, subject
to the following conditions:
[Amended 6-7-2010 by Ord. No. 2010-15; 10-11-2022 by Ord. No. 2022-17]
(a)
A drive-through service window shall not be located on the street
side of the building or in front of the front building line and shall
not encroach on any required buffers.
(b)
A drive-through facility shall be limited to two service lanes
and one bypass lane.
(c)
A drive-through facility and associated signage shall be provided
with landscaping to visually enhance views of the facility, signage
and driveway as seen from the surrounding area.
(d)
The stacking driveway for the drive-through window shall provide
room for at least five automobiles and shall be separated from any
off-street parking areas and their access aisles, loading areas or
trash enclosures.
(e)
A drive-through facility shall not adversely impede or conflict with
pedestrian and/or vehicular circulation in the area.
(f)
A drive-through service window shall be set back a minimum distance
of 50 feet from the property line of any adjoining residential use
or zone.
(g)
Minimum parking shall be one space per three seats.
(9)
Dispatch services.
[Added 9-22-2009 by Ord. No. 2009-29]
(a)
Minimum lot size: two acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum front yard: 50 feet.
(d)
Minimum side yard: 25 feet.
(e)
Minimum rear yard: 150 feet.
(f)
Maximum impervious coverage: 60%.
(g)
Maximum building height: 35 feet.
(h)
Minimum buffer: 20 feet, except that a minimum fifty-foot buffer
is required where located adjacent to a residential zone boundary
or to an existing residence lot line.
(i)
The minimum number of off-street parking spaces for dispatch
services shall be 3.5 spaces per 1,000 square feet of usable floor
area.
(10)
Retail sales of goods and personal service establishments not otherwise permitted in § 188-107.1B, subject to the following conditions:
[Added 10-11-2022 by Ord. No. 2022-17]
(a)
The building(s) housing the retail sales and personal service establishments must be associated with and built in conjunction with a large-format supermarket as defined in § 188-3 and have direct pedestrian and vehicular connections to the supermarket.
(b)
The maximum gross floor area of space dedicated to retail sales and
personal service establishments shall be 20,000 square feet.
(c)
The building(s) housing the retail sales and personal service establishments
must have direct access to and/or frontage on Route 206.
(d)
Minimum parking shall be three spaces per 1,000 square feet of gross
floor area.
E.
Area, yard, bulk and site perimeter requirements.
(1)
Buffer requirements. A minimum twenty-foot buffer is required,
except that a minimum sixty-foot buffer is required where adjacent
to any residential district or existing residential use included as
part of this requirement, unless otherwise indicated. Such buffer
shall be reviewed by the appropriate Board to determine if the existing
vegetation provides a sufficient year-round screen or if the existing
vegetation needs to be enhanced by additional plantings and/or a fence
or berm. Once all screening/landscaping improvements are completed,
a conservation easement shall be established by the applicant for
the buffer area, subject to approval by the Township Attorney and
recorded prior to the issuance of a certificate of occupancy.
(2)
Fencing requirements. Fencing may be provided on the perimeter
of the tract, or within the tract, provided that the fencing is of
an architecturally compatible design and consistent throughout the
tract. No fence shall exceed a height of five feet above finished
grade.
F.
Off-street parking requirements.
(1)
The minimum number of required off-street parking spaces for
the permitted uses in the LI District is as follows:
(a)
Office: three spaces per 1,000 square feet of usable floor area.
(b)
Medical office, veterinary hospital: four spaces per 1,000 square
feet of usable floor space.
(c)
Child-care center: one space per employee plus one space per
10 children enrolled.
(d)
Public uses, including municipal, county and state-owned facilities:
four spaces per acre or portion thereof.
(e)
Research and development facilities, computer centers, data
processing and communications facilities and pilot plants: 2.5 spaces
per 1,000 square feet of usable floor area.
(f)
Catering facilities: four spaces per 1,000 square feet of usable
floor area.
(g)
Indoor recreation/wellness facilities and private recreation
complexes: 3.5 spaces per 1,000 square feet of usable floor area.
(h)
Contractor facilities: 2.5 spaces per 1,000 square feet of usable
floor area.
(i)
Manufacturing uses: one space per 1,500 square feet of usable
floor area.
(k)
Large-format supermarkets shall have four spaces per 1,000 square
feet of gross floor area.
[Added 10-11-2022 by Ord. No. 2022-17]
G.
Supplemental regulations to the LI District.
(2)
Site building standards.
(a)
Building placement, front setback.
[1]
Service areas and any new parking shall be located
in the side or rear yards with the exception that a portion of the
required parking for a large-format supermarket may be located in
the front yard. The maximum amount of front-yard parking will be determined
by the reviewing board during the site plan review process based on
circulation patterns and the project's adherence with other applicable
Architectural and Site Design Overlay standards.
[Amended 10-11-2022 by Ord. No. 2022-17]
(b)
Building placement, orientation.
[1]
Buildings and site improvements shall be designed
to minimize changes to existing topography and mature vegetation.
[2]
The primary entrance of each building shall accommodate
pedestrian access from the streets as well as from the parking lots.
[3]
Secondary public entrances, if provided, shall
be designed in a manner consistent with primary entrances if visible
from public streets or parking lots.
(c)
Vehicular and pedestrian access.
[1]
A maximum of one curb cut shall be allowed for
lots with street frontage less than or equal to 500 feet. One pair
of one-way curb cuts shall count as one curb cut.
[2]
For lots with street frontage greater than 500
feet, one additional driveway opening per 250 feet of street frontage
shall be allowed.
[3]
The maximum width of curb cuts shall be 12 feet
for one-way drives and 24 feet for two-way drives. Wider curb cuts
with landscaped medians may be allowed for multidirectional traffic
on lots with street frontage greater than 250 feet or for shared driveways.
[4]
Shared driveways that serve more than one property
may be provided where deemed appropriate by the Planning Board or
Board of Adjustment. Cross-access shall be required between adjoining
properties.
[5]
Bicycle connections to the primary public entrance
of the building shall be provided where a public sidewalk or bikeway
is adjacent to the property.
[6]
To the greatest extent possible, all portions of
the development shall be linked via a sidewalk and pathway network
as approved by the Planning Board or Board of Adjustment; the site
shall be pedestrian-oriented, with a design that enables and encourages
pedestrian and bicycle circulation, with linkages to surrounding areas.
The applicant shall utilize the Master Plan in developing a pedestrian
and bicycle pathway network. Bicycle storage facilities shall be provided.
(3)
Route 206 right-of-way. The following are specific requirements
for the property fronting along Route 206:
(4)
Landscaping.
(a)
A landscape plan shall be provided for the entire site and shall
be prepared by a licensed landscape architect.
(b)
All trees planted in front of the front building line shall
be at least three inches in diameter for single-stemmed trees, or
10 to 12 feet in height for multistemmed trees, at the time of planting.
All other trees shall be 2 1/2 inches in diameter at the time
of planting, unless otherwise provided by these standards.
(c)
Existing trees having a DBH (diameter at breast height, measured
at 4 1/2 feet above ground level) over six inches shall be preserved
unless removal is approved by the Planning Board or Zoning Board of
Adjustment. If a preserved tree dies, it must be replaced with a two-and-one-half-inch-diameter
tree of the same or similar tree species, subject to approval by the
Township Planning Department.
(d)
Impervious materials shall not be placed over the critical root
zone of a preserved tree. The critical zone is a ratio of one inch
DBH to one foot radius around the tree.
(e)
All exposed soil areas shall be covered with bark, mulch, or
other weed-control measures.
(f)
A single row of canopy trees shall be planted along property
lines abutting a street at a ratio of one tree for every 40 linear
feet within a minimum ten-foot-wide planting strip.
(g)
Canopy trees shall be planted within the front yard setback
area.
(h)
In addition to the required street trees, the front yard of
any nonresidential or mixed property shall be landscaped with appropriate
plantings in order to provide a green strip along the Route 206 frontage.
This shall include appropriate plantings as part of any stormwater
management facility that may be located in the front yard. The use
of stone similar to that incorporated into the wall found along the
Route 206 frontage of the Duke Estate is encouraged to be likewise
utilized as part of any low screening wall, fence, sign base or similar
feature intended to supplement the landscaping in the front yard,
as appropriate.
(5)
Off-street parking site design.
(a)
Parking areas shall be designed as a series of smaller lots
that provide space for no more than 20 cars for double-sided parking
and 10 cars for single-sided parking. The small parking lots shall
be separated by minimum five-foot-wide internal planting areas that
feature trees planted in grass or other approved landscape material.
(b)
Parking areas shall be located in the side or rear yards and
not in front of the buildings.
(c)
All parking areas, where visible from a public street, shall
be screened by a five-foot-high solid wall, architectural fence and/or
solid evergreen hedge.
(d)
One canopy tree shall be provided at a ratio of one tree to
every four parking spaces in that area.
(e)
Each parking space shall be within 50 feet of the trunk of a
planted or retained tree.
(f)
Where slopes over 5% exist, parking bays shall be terraced,
with planting between changes in level.
(g)
Where over 50 parking spaces are provided, pedestrian pathways
identified with smaller-scale pavement (pavers or scoring) oriented
toward the principal building entrances shall be provided.
(h)
Each separate planting area shall have a minimum of 150 square
feet per tree and shall have a minimum dimension of at least five
feet.
(i)
In addition to required trees, planting areas shall be landscaped
with shrubs, ground cover, or other approved landscaping material
not exceeding 3 1/2 feet in height.
(j)
Where parking is adjacent to a public right-of-way, a ten-foot-wide
landscape buffer shall be provided between the edge of the right-of-way
and the edge of the parking lot. In addition to the required trees,
the buffer shall consist of one of the following:
(k)
Parking areas shall be designed to be interconnected with adjacent
properties and shall utilize common entrances and exits where feasible
to minimize access points to the street. Such interconnections shall
be established through an appropriate cross-access easement. The use
of rear lanes or commercial service roads is encouraged to avoid individual
curb cuts onto Route 206.
(l)
Shared parking shall be encouraged. The Planning Board or Board
of Adjustment, as appropriate, may approve an equivalent parking ratio
based upon shared parking and use of cross-access easements with the
off-street parking of an adjacent tract within the ASD Overlay Zone.
(m)
Large undivided parking areas are prohibited. Large parking
areas should be functionally divided by internal circulation corridors
or aisles to establish several smaller lots to prevent random or high-speed
movements and to provide for the planting of street trees and other
landscaping. The recommended maximum number of spaces within such
a sublot, or lots separated by an island or planting strip, shall
be 100 spaces, with 50 or fewer preferred. End aisles should be delineated
by a landscaped island, not by painted asphalt.
(n)
There shall be a comprehensive network of sidewalks and front,
sides and rear of the buildings. The sidewalks and passageways shall
be linked to other off-site pedestrian connections where appropriate
based on proximity to existing residential areas, proposed intended
use of the building, and provision of existing or planned pedestrian
or bicycle improvements.
(o)
Pedestrian passageways shall connect rear parking lots between
buildings with textured walking surfaces, street furniture and landscaping.
In addition, the design of the building may incorporate window displays,
side door entrances, or other interesting features along the passageway.
Lighting should be provided for all parking facilities and sidewalks.
(6)
Pedestrian circulation.
(a)
Paving materials shall identify pedestrian circulation areas
within the parking lots.
(b)
Pedestrian walkways, at least five feet in width, shall be provided
from public sidewalks adjoining the property to a principal public/customer
entrance.
(c)
Along facades with a public/customer entrance and along any
facade abutting public parking areas, sidewalks, at least five feet
in width, shall be provided along the full length of the facade.
(e)
Common areas shall be accessible from all buildings and connected
by a comprehensive, on-site pedestrian circulation system. Clearly
defined buffers enhance the attractiveness of the streetscape and
promote pedestrian safety. Sidewalks and plazas should be made comfortable
for use by pedestrians through the use of landscaping, overhangs and
canopies in order to provide shade and non-heat-absorbing materials.
Pedestrian circulation layout on any development site should take
into account on-site generators of pedestrian movement, such as open
spaces, schools, retail centers, and bus stops.
(7)
Decorative walls, fences and screening design.
(a)
Decorative walls and fencing may be required by the Planning
Board or Board of Adjustment, as appropriate, to compliment the structure
style, type and design of the principal structure.
(b)
Walls and fencing are allowed only in side and rear yards and
in the front yard behind the front building line, with the exception
of outdoor eating and play areas.
(c)
Walls and fencing shall be constructed of durable high-quality
materials and shall display a high quality in finish and detail; made
of masonry, ornamental metal, wood, stucco, or a combination of these
materials.
(d)
Walls and fencing greater than 50 feet in length shall have
a change in plane, height, material, or material texture, or significant
landscape massing.
(e)
Planting shall be considered as part of any wall or fence plan.
(f)
Walls, hedges, and picket fences in front yards shall be limited
to a maximum of 3 1/2 feet in height. Wrought-iron fences may
be up to five feet in height. Entrances, gates, and corners should
be specifically treated to define their function.
(8)
Loading, outdoor storage, and service areas.
(a)
Where these areas face adjacent residential uses or public rights-of-way,
an earthen berm, no less than six feet in height, containing, at a
minimum, evergreen trees planted at intervals of 20 feet on center
and seven evergreen shrubs per tree, shall be provided.
(b)
No areas for outdoor storage, trash collection or compaction,
loading, or other such uses shall be located within 35 feet of any
public street or public sidewalk.
(c)
Materials, colors, and design of screening walls and/or fences
shall conform to those used as predominant materials and colors on
the principal building.
(d)
Service functions shall be incorporated into the overall design
of the building and landscaping, so that they are fully contained
and out of view from adjacent properties and rights-of-way.
(e)
Truck delivery and circulation routes shall be separated from
customer circulation where possible.
(9)
Affordable housing shall be provided in accordance with the
New Jersey Council on Affordable Housing (COAH) Round 3 Regulations
for Nonresidential Development.
H.
Architectural standards.
(1)
Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements in the Architectural and Site Design Overlay Zone, as contained in §§ 188-167 to 188-175L shall apply, except as otherwise provided in the LI District requirements, as indicated herein.
(2)
Building orientation should respect climatic conditions by minimizing
heat gain and considering the impact of shade on adjacent land uses
and areas. Buildings should maximize public comfort by providing shaded
public outdoor areas, minimizing glare, and facilitating breezes.
(3)
Buildings should be oriented to allow for the use of common
driveways, where a reduction in the number of curb openings will enhance
the streetscape and promote traffic safety.
(4)
Buildings on corner lots and end buildings shall be considered
significant structures, because they have at least two facades exposed
to the street. As such, specialized facade treatments and appropriate
embellishments, such as corner towers, shall be integrated into the
design to mark their prominence. Additionally, pedestrian flow can
be emphasized by arcades or chamfered corners.
(5)
Focal points or points of visual termination along the corridor
shall generally be occupied by more-prominent structures that employ
enhanced height, massing, distinct architectural treatments or other
distinguishing features.
(6)
Backs of buildings may face a parking lot. However, the rear
of the building shall be treated to be compatible with the overall
design of the building. Access from the front and rear of buildings
is encouraged.
(7)
Buildings shall avoid long, monotonous, uninterrupted walls
and/or roof planes. Individual buildings within the ASD Overlay Zone
shall not exceed 100 feet in length along any wall, roof or footprint
plane. Building fronts wider than 40 feet as viewed from the public
realm shall be modulated to break the facade to give the appearance
of several buildings or through the use of building wall offsets,
including projections, recesses and changes in cap line, wall height,
and floor level. The total measurement of such offsets shall equal
a minimum of 10% of the building wall length. The minimum projection
or depth of any individual offset shall be not less than four feet.
(8)
Roofline offsets, cross-gables and dormers shall be provided
along any roofline measuring longer than 75 feet, in order to provide
interest and variety to the massing of the building roofline.
(9)
Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83K.
(a)
There shall be a consistent sign design theme throughout the
development. A unifying design theme shall include style of lettering,
method of attachment, construction, material, size, proportion, lighting,
position and day/night impacts. Color of letters and background shall
be carefully considered in relation to the color of the material of
the building(s) or where the signs are proposed to be located. Signs
shall be a subordinate rather than predominant feature of any building.
The lettering and sign shall be compatible with the architecture of
the building.
(b)
A comprehensive signage plan shall be provided which covers
overall project identification, window signage and lettering, individual
building/tenant identification, traffic regulations, pedestrian crossing,
street identification, parking and directional instructions. A signage
hierarchy shall be established governing the above signage categories.
(c)
All permanent signage shall be affixed to a building facade,
canopy, arcade or freestanding structure and be visible to both pedestrians
and drivers.
[Added 3-22-2011 by Ord. No. 2011-08]
A.
Purpose. The purpose of the TECD Transitional Economic Development
District is to provide transitional employment generating development
between the high-intensity light industrial and corporate development
districts and the existing nearby residential development.
B.
Permitted principal uses. All uses shall be provided at a scale and
size that is appropriate for the district. There may be more than
one permitted principal use or structure on a lot subject to compliance
with § 107.2B to G below:
(1)
Research and product development laboratories mainly devoted
to research, design, and testing or experimentation, including processing
or fabricating that is subordinate to the principal uses, and specifically
excluding the sale of finished products directly to the general public.
(2)
Offices, including medical offices.
(3)
Computer centers, data processing and communications facilities.
(4)
Solar, wind and other alternative energy research and development
facilities.
(6)
The manufacturing, processing, finishing and assembly of products
completely within an enclosed building.
(7)
Child-care and adult day-care centers. Child-care and adult
day-care centers shall be subject to site plan approval. Site plan
approval is also required where the original site plan did not anticipate
use of all or a part of the premises as a child-care or adult day-care
center but such use subsequently occurs. No building permit shall
issue for modification of all or part of premises for use as a child-care
or adult day-care center until revised site plan approval has been
obtained from the Planning Board or Board of Adjustment, as appropriate.
(8)
Farm markets.
(10)
Commercial instructional activities.
(11)
Agricultural uses.
(12)
Indoor recreation and fitness/wellness centers.
C.
Permitted accessory uses and structures.
(1)
Uses customarily associated with the above permitted uses, provided
that such uses are subordinate to the principal use, do not change
the character of the principal use and serve only the principal use.
(2)
Restaurants or cafeterias supplying meals only to employees
and guests of a permitted use, as well as newsstand, post office,
health clubs, copy centers, credit unions and banking facilities and
similar conveniences serving only employees and guests of the permitted
uses.
(3)
Conference center and in-service training school for on-site
employees.
(4)
Indoor and outdoor corporate recreation facilities such as tennis
courts, basketball courts, jogging paths and exercise stations and
ball fields, provided that such uses, including any accessory buildings
associated therewith, shall be planned as an integral part of the
site and as a direct support to the permitted principal uses.
(5)
Maintenance and storage facilities subordinate to any permitted
use.
[Amended 3-28-2017 by Ord. No. 2017-02]
(6)
Surface parking and loading provided in conjunction with a permitted
use.
(7)
Bus stop shelters, bike racks, mailboxes, phone booths, waste
receptacles, gatehouses, benches, kiosks, drinking fountains, art
sculptures, plazas, water features and other pedestrian and transit
amenities.
(8)
Trash and garbage collection areas which are fully screened
and constructed of materials that are compatible with the structure
to which it is associated.
(9)
Loading areas which are fully screened such that the screening
materials are compatible with the structure to which it is associated.
D.
Area, yard, bulk and site perimeter requirements.
(1)
Buffer requirements. A minimum twenty-foot buffer is required,
except that a minimum one-hundred-foot buffer is required where adjacent
to any residential district. Such buffer shall be reviewed by the
appropriate board to determine if the existing vegetation provides
a sufficient year-round screen or if the existing vegetation needs
to be enhanced by additional plantings and/or a fence or berm. Once
all screening/landscaping improvements are completed, a conservation
easement shall be established by the applicant or property owner for
the buffer area, subject to approval by the Township Attorney and
recorded prior to the issuance of a certificate of occupancy. There
shall be no buffer required along any property line that is adjacent
to the rail line.
(2)
Fencing requirements. Fencing may be provided on the perimeter
of the tract, or within the tract, provided that the fencing is of
an architecturally compatible design and consistent throughout the
tract. No fence shall exceed a height of six feet above finished grade.
(3)
Area, yard and bulk regulations.
(a)
Minimums.
[1]
Lot area: five acres.
[2]
Lot width: 200 feet.
[3]
Lot depth: 250 feet.
[4]
Front yard: The minimum front yard shall be 40
feet.
[5]
Side yard: The minimum side yard shall be 20 feet,
except where adjacent to a residential zone or existing dwelling,
it shall be 150 feet. There shall be no internal side yard setback
between buildings where multiple buildings occur on one lot.
[6]
Rear yard: 75 feet, except where adjacent to a
residential zone or existing dwelling, it shall be 150 feet.
E.
Off-street parking requirements. The minimum number of required off-street
parking spaces for the permitted uses in the TECD District are as
follows:
[Amended 4-25-2023 by Ord. No. 2023-04]
|
Uses
|
Required Parking Spaces
| |
|---|---|---|
|
Office
|
3 spaces per 1,000 square feet of usable floor area
| |
|
Medical office
|
4 spaces per 1,000 square feet of usable floor space
| |
|
Child-care and adult day-care center
|
1 space per employee plus 1 space per 10 children or adults
enrolled
| |
|
Research and development facilities, computer centers, data-processing
and communications facilities
|
2.5 spaces per 1,000 square feet of usable floor area
| |
|
Manufacturing
|
1 space per 1,500 square feet of usable floor area
| |
|
Commercial instructional
|
3 spaces per 1,000 square feet of usable floor area
| |
|
Indoor recreation and fitness/wellness center
|
3.5 spaces per 1,000 square feet of usable floor area
|
F.
Supplemental regulations to TECD District.
(1)
Site building standards.
(a)
Building placement, orientation.
[1]
Buildings and site improvements shall be designed
to minimize changes to existing topography and mature vegetation.
[2]
The primary entrance of each building shall accommodate
pedestrian access from the streets as well as from the parking lots.
[3]
Secondary public entrances, if provided, shall
be designed in a manner consistent with primary entrances if visible
from public streets or parking lots.
(b)
Vehicular and pedestrian access.
[1]
A maximum of one curb cut shall be allowed for
lots with street frontage less than or equal to 500 feet. One pair
of one-way curb cuts shall count as one curb cut.
[2]
For lots with street frontage greater than 500
feet, one additional driveway opening per 250 feet of street frontage
shall be allowed.
[3]
Width of curbs.
[4]
Shared driveways that serve more than one property
may be provided where deemed appropriate by the Planning Board or
Board of Adjustment. Cross access shall be required between adjoining
properties.
[5]
Bicycle connections to the primary public entrance
of the building shall be provided where a public sidewalk or bikeway
is adjacent to property.
[6]
All portions of the development shall be linked
via a sidewalk and pathway network as approved by the Planning Board
or Board of Adjustment; the site shall be pedestrian-oriented, with
a design that enables and encourages pedestrian and bicycle circulation,
with linkages to surrounding areas. The applicant shall utilize the
Master Plan in developing a pedestrian and bicycle pathway network.
Bicycle storage facilities shall be provided.
(2)
Landscaping.
(a)
A landscape plan shall be provided for the entire site and shall
be prepared by a licensed landscape architect.
(b)
All trees planted in front of the front building line shall
be at least three inches in diameter for single-stemmed trees or 10
feet to 12 feet in height for multistemmed trees at the time of planting.
All other trees shall be 2 1/2 inches in diameter at the time
of planting, unless otherwise provided by these standards.
(c)
Existing trees having a DBH (diameter at breast height, measured
at 4 1/2 feet above ground level) over six inches shall be preserved
unless removal is approved by the Planning Board or Zoning Board of
Adjustment. If a preserved tree dies, it must be replaced with a two-and-one-half-inch-diameter
tree of the same or similar tree species, subject to approval by the
Township Planning Department.
(d)
Impervious materials shall not be placed over the critical root
zone of a preserved tree. The critical root zone is a ratio of one
inch DBH to one foot radius around the tree.
(e)
All exposed soil areas shall be covered with bark, mulch, or
other weed-control measures.
(f)
A single row of canopy trees shall be planted along property
lines abutting a street at a ratio of one tree for every 40 linear
feet within a minimum ten-foot-wide planting strip.
(3)
Off-street parking site design.
(a)
All parking areas abutting a residential zone or existing dwelling
must be screened by a berm, a solid evergreen buffer, and/or other
similar screening mechanism.
(b)
All parking areas, where visible from a public street, shall
be screened by a five-foot-high solid wall, architectural fence, solid
evergreen hedge, berm and/or other similar screening mechanism.
(c)
One canopy tree shall be provided at a ratio of one tree to
every four parking spaces in the area.
(d)
Where slopes over 5% exist, parking bays shall be terraced,
with planting between changes in level.
(e)
Where over 50 parking spaces are provided, pedestrian pathways
identified with smaller-scale pavement treatment (pavers or scoring)
oriented toward the principal building entrances shall be provided.
(f)
Each separate planting area shall have a minimum of 150 square
feet per tree and shall have a minimum dimension of at least five
feet.
(g)
In addition to required trees, planting areas shall be landscaped
with shrubs, ground cover, or other approved landscaping material
not exceeding 3 1/2 feet in height.
(h)
Where parking is adjacent to a public right-of-way, a ten-foot-wide
landscape buffer shall be provided between the edge of the right-of-way
and the edge of the parking lot. In addition to the required trees,
the buffer shall consist of one of the following:
(i)
Parking areas shall be designed to be interconnected with adjacent
properties and shall utilize common entrances and exits where feasible
to minimize access points to the street. Such interconnections shall
be established through an appropriate cross-access easement.
(j)
Shared parking with adjacent or nearby properties shall be encouraged,
as appropriate.
(k)
Parking areas containing more than 100 spaces should be functionally
divided by internal circulation corridors or aisles to establish several
smaller lots to prevent random or high-speed movements and to provide
for the planting of street trees and other landscaping. End aisles
should be delineated by a landscaped island, not by painted asphalt.
(l)
There shall be a comprehensive network of sidewalks around the
front, sides and rear of the buildings. The sidewalks and passageways
shall be linked to other off-site pedestrian connections where appropriate
based on proximity to existing residential areas, proposed intended
use of the building, and provision of existing or planned pedestrian
or bicycle improvements.
(4)
Pedestrian circulation.
(a)
Paving materials shall identify pedestrian circulation areas
within the parking lots.
(b)
Pedestrian walkways, at least five feet in width, shall be provided
from public sidewalks, adjoining the property to a principal pedestrian
entrance.
(c)
Along any facade with a pedestrian entrance and along any facade
abutting public parking areas, sidewalks, at least five feet in width,
shall be provided along the full length of the facade.
(e)
Common areas shall be accessible from all buildings and connected
by an on-site pedestrian circulation system. Sidewalks and plazas
should be made comfortable for use by pedestrians through the use
of landscaping, overhangs and canopies in order to provide shade.
(5)
Decorative walls, fences and screening design.
(a)
Decorative walls and fencing may be required by the Planning
Board or Board of Adjustment, as appropriate, to complement the structure
style, type and design of the principal structure.
(b)
Walls and fencing are allowed only in side and rear yards and
in the front yard behind the front building line, with the exception
of outdoor eating and play areas.
(c)
Walls and fencing shall be constructed of durable high-quality
materials and shall display a high quality in finish and detail, made
of masonry, ornamental metal, wood, stucco, or a combination of these
materials.
(d)
Walls and fencing greater than 50 feet in length shall have
a change in plane, height, material, or material texture, or significant
landscape massing.
(e)
Planting shall be considered as part of any wall or fence plan.
(f)
Walls, hedges, and picket fences in front yards shall be limited
to a maximum of 3 1/2 feet in height. Wrought iron fences may
be up to five feet in height. Entrances, gates, and corners should
be specifically treated to define their function.
(6)
Loading, outdoor storage, and service areas.
(a)
Where these areas are adjacent to residential uses or public
rights-of-way, an earthen berm, no less than four feet in height,
containing, at a minimum, evergreen trees planted at intervals of
20 feet on center and seven evergreen shrubs per tree, shall be provided.
A decorative wall with appropriate landscaping may be substituted
at the discretion of the Planning Board or Board of Adjustment, as
appropriate.
(b)
No areas for outdoor storage, trash collection or compaction,
loading, or other such uses shall be located within 35 feet of any
public street or public sidewalk.
(c)
Materials, colors, and design of screening walls and/or fences
shall conform to those used as predominant materials and colors on
the principal building.
(d)
Service functions shall be incorporated into the overall design
of the building and landscaping, so that they are fully contained
and out of view from adjacent properties and rights-of-way.
(e)
Truck delivery and circulation routes shall be separated from
employee and customer circulation where possible.
(7)
Affordable housing shall be provided in accordance with the
applicable law and regulations.
G.
Architectural standards.
(1)
Exterior building design shall be coordinated with respect to
color, types of materials, architectural form, and detailing. Multiple
buildings on the same site shall be designed to create a cohesive
relationship between the buildings.
(2)
Building orientation should respect climatic conditions by minimizing
heat gain and considering the impact of shade on adjacent land uses
and areas. Buildings should maximize public comfort by providing shaded
public outdoor areas, minimizing glare, and facilitating breezes.
(3)
Buildings should be oriented to allow for the use of common
driveways, where a reduction in the number of curb openings will enhance
the streetscape and promote traffic safety.
(4)
Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83K.
(a)
There shall be a consistent sign design theme throughout the
development. A unifying design theme shall include style of lettering,
method of attachment, construction, material, size, proportion, lighting,
position and day/night impacts. Color of letters and background shall
be carefully considered in relation to the color of the material of
the building(s) or where the signs are proposed to be located. Signs
shall be a subordinate rather than predominant feature of any building.
The lettering and sign shall be compatible with the architecture of
the building.
(b)
A comprehensive signage plan shall be provided which covers
overall project identification, window signage and lettering, individual
building/tenant identification, traffic regulations, pedestrian crossing,
street identification, parking and directional instructions.
(c)
All permanent signage shall be affixed to a building facade,
canopy, arcade or freestanding structure and be visible to both pedestrians
and drivers.
[Amended 5-9-1978 by Ord. No. 78-3]
A.
Purpose. It is the purpose of the M Mining and Q Quarry
Districts to allow present quarrying and mining to continue as a permitted
use rather than as a nonconforming use. These zoning districts recognize
the unique operations within the Township due to the presence of a
natural resource suitable for mining, but at the same time recognize
the unique necessity for public regulations brought about by the existence
and excavation of these natural resources. These district regulations
are intended to provide for the continued excavation of natural resources
and their processing in those areas which are currently being actively
mined and used for processing. The provisions of these districts are
also intended to require the site to be used in a manner that is reasonable
to the operator(s) and at the same time require the site to be safe,
healthful, as aesthetic as possible and be usable subsequent to the
completion of the excavating process. The limits of the districts
are intended to be oriented to the specific conditions of excavating,
such as eliminating erosion, avoiding drainage problems, leaving the
site useful, reducing dangers associated with steep operating faces
and recognizing these industrial uses in the environs of a rural but
growing residential community.
C.
Accessory uses.
(1)
Customary accessory uses, such as truck parking,
open storage of the raw materials, storage buildings, guardhouses,
stone crushing, screening, milling, mixing and batching.
D.
Area, yard and bulk regulations in the Quarry District.
(1)
The maximum building height shall be 60 feet
or 1/5 the setback from any residential boundary, whichever results
in the lower building height, except that new buildings with a foundation
located at a higher elevation than an existing structure exceeding
60 feet may be permitted a height that does not exceed an elevation
above sea level equivalent to the existing structure or 60 feet, whichever
is greater.
(2)
The operating face of an area being quarried
shall not be closer to the property line than 100 feet, such limit
to also extend vertically into the earth for any subterranean excavations.
(3)
No buildings, open storage of raw materials
or other structures used in processing or handling the material shall
be located closer than 400 feet to any property line or street right-of-way.
(4)
When the floor of any quarry is more than five
feet below the average grade of a private street at any point within
50 feet of the private street, an effective and approved barrier shall
be erected by the employer for an approved distance to provide protection
against the drop or fall of persons or vehicles. No excavating shall
take place below the grade of any public street within 100 feet of
the public street.
(5)
The operator shall maintain a protective buffer
zone which shall consist of a strip of land a minimum of 50 feet in
width measured from the property lines of adjoining properties. This
buffer zone shall be maintained throughout the life of the quarry
operation and shall be in addition to the cleared area required below,
except that no buffer area shall be required along a lot line or zoning
district line abutting an active railroad.
(6)
Along the top edge of any quarry with an operating
face higher than 20 feet, the trees, shrubbery and other growth shall
be removed for a distance of not less than 40 feet from such edge
to permit a clear view of the slope. Appropriate warning signs of
a permanent type shall be posted in the vicinity, citing danger.
(7)
Upon termination of a quarry operation, the
property shall be left in a condition where no dangerous holes or
other hazards exist and so that there is proper drainage to prevent
the accumulation of stagnant water on the property. The resulting
land surface shall be graded and drained in such a manner that stormwaters
shall not collect on the property and so that stormwaters draining
from the property shall not create flooding, erosion, siltation or
hazardous conditions on or beyond the properties. All areas where
the excavation is completed, except areas of exposed traprock, shall
be landscaped with conifers and/or deciduous trees, spaced on center
no more distant than 30 feet, as well as planted and maintained with
perennial rye at a quantity of 25 pounds per 6,000 square feet.
(8)
The operational face may be worked in a multiple-bench
method with the height of the face of each bench not exceeding 50
feet and the horizontal step with each bench not less than 1/2
the height; provided, however, that in circumstances where the surface
topography influences the height of the uppermost bench, the height
of the uppermost bench shall not exceed 65 feet. Where one or more
benches or levels are used in a pit or quarry, each bench shall have
a separate face. No slope of an operating face where the depth of
the quarry operation is less than 50 feet shall be greater than two
vertical to one horizontal upon termination of the quarry operation.
Where the operation is being worked in a multiple bench method, the
operating face of each bench shall not exceed a slope of four vertical
to one horizontal nor shall the slope from the ledge of each bench
to the ledge of the next higher or lower bench exceed a slope of 1 1/3
vertical to one horizontal to make allowance for the required horizontal
step from one operating face to another as outlined above.
E.
Area, yard and bulk regulations in the Mining District.
(1)
All mining operations conducted in the Mining
District shall conform to the Federal Metal and Non-Metallic Mine
Safety Act, the New Jersey Mine Safety Act[1] and all rules, regulations and standards duly promulgated
thereunder by the appropriate federal and state agencies.
[1]
Editor's Note: See N.J.S.A. 34:6-98.1 et seq.
(2)
The maximum building height shall be 60 feet
or the equivalent of 1/5 the setback of the building from any
residential boundary, whichever results in the lower building height.
(3)
The operating face of any area being mined shall
not be closer than 100 feet to any property line, public street, boundary
of the Mining District or any building, except that mining operations
may be conducted within this one-hundred-foot setback in connection
with any landfill operation conducted and approved by the Township
of Hillsborough, provided that adequate measures are taken for promptly
filling in and properly grading the landfill area.
(4)
No building shall be located closer than 150
feet to any public street, or closer than 150 feet to the boundary
of the Mining District, except that any addition to or extension of
a building in existence prior to April 1, 1978, shall be no closer
to the public street than the existing building. No open storage of
raw materials or equipment, excluding motor vehicles designed and
used primarily for operation on the public highways, shall be located
within 400 feet of any property line or public street.
(5)
Along the top edge of any mine pit with an operating
face of 20 feet or more, trees, shrubbery and other growth shall be
removed as necessary to provide a clear view of the slope, but, in
any event, there shall be a cleared area of at least 40 feet from
the edge.
(6)
The operator shall maintain a protective buffer zone which shall consist of a strip of land a minimum of 40 feet in width, measured from the property lines of adjoining properties. This buffer zone shall be maintained in accordance with § 188-38 throughout the life of the mining operation and shall be in addition to the cleared area required above, except that no buffer area shall be required along a lot line or zoning district abutting an active railroad and except further that any lot line abutting any nonresidential zoning district may have a buffer zone reduced to 25 feet.
(7)
Upon termination of a mine operation, the property
shall be left in a condition where no dangerous holes or other hazards
exist and so that there is proper drainage to prevent accumulation
of stagnant water on the property. The resulting land surface shall
be graded and/or drained in such a manner that stormwater is not collected
on the property and so that stormwater draining from the property
shall not create flooding, erosion, siltation and/or hazardous conditions
on or beyond the buffer zone on areas where the excavations are completed.
It shall be landscaped and maintained with 2,000 seedlings per acre,
each measuring 15 to 24 inches above the roots as well as planted
and maintained with perennial rye, at a quantity of 25 pounds per
6,000 square feet. A plan for termination shall be submitted to the
Planning Board and the Somerset Union Soil Conservation District for
approval before operations are terminated.
F.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
the proposed improvements to the off-site road infrastructure are
completed as provided in the Master Plan or until such time as the
Township Engineer and the Planning Board by majority vote certify
to the Township Committee that then-current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the area to be developed as compared to the district as a whole.
Funds in the escrow account shall be expended by the Township for
their intended purpose within five years of deposit or shall be returned
with interest to the developer.
[Added 10-12-1982 by Ord. No. 82-13]
[Amended 10-12-1989 by Ord No. 82-13; 8-14-1990 by Ord No. 90-15]
A.
Purpose. The purpose of this section is to create
within this chapter in and for the Township of Hillsborough a commission
to be known as the "Historic Preservation Commission." In adopting
this section, it is the intention of the Hillsborough Township Committee
to create an agency which will regulate on its own to the extent permitted
by law and work with and advise the Hillsborough Township Planning
Board to the extent permitted by law on the administration of a system
of preservation rules which are based on objective criteria and which
will complement existing land use construction codes. The controls
established, while compatible with both the Municipal Land Use Act,
N.J.S.A. 40:55D-1 et seq., and the Uniform Construction Code Act,
N.J.S.A. 52:27D-119 et seq., should be viewed as having an independent
basis under N.J.S.A. 40:48-2 and N.J.S.A. 40:55D-107 et seq.
B.
Permitted uses. Uses permitted in Historic Zones and
on historic sites shall be those designated by the Zoning Map.
C.
The historic zones or districts are bounded and defined
as shown by the predecessor Historic Commission through inclusion
and identification in its map of historic districts or by the Township
Committee through inclusion and identification in the official Zoning
Map of the Township, all of which maps are hereby made a part of this
chapter. The historic sites are as delineated in the Master Plan,
or as have been included and identified in the official Zoning Map
of the Township of Hillsborough as an historic site or are listed
in the federal or state historical registers as a historic site or
have been included and identified in the predecessor Historic Commission's
register and list of historic sites, all of which maps and lists are
hereby made a part of this chapter.
[Amended 12-11-1990 by Ord. No. 90-25]
D.
General conditions and procedures.
(1)
It shall be the duty of the Building Inspector to review all plans for construction, alteration, repair, moving or demolition of buildings, landmarks and structures within the historic zones, districts, sites and landmarks and to submit to the Planning Board or Board of Adjustment, as the case may be, those use and development applications which would not otherwise be referred to the Historic Preservation Commission for its written report and recommendation to the Construction Official in accordance with § 188-109J. All such applications shall be entitled "Historic Zone Plans" and shall be processed in the same manner as site plans. The approving authority may include any appropriate recommendations concerning the application. The applicant, if he so desires, may make modifications to his plan based on such recommendations and shall have the right to resubmit his application at any time after doing so. The provisions of this subsection shall not apply where the application is only for the issuance of a permit pertaining to historic sites or property in historic districts which are to be referred to the Historic Preservation Commission in accordance with § 188-109J.
(2)
No building or structure shall hereafter be erected, reconstructed, altered, restored or demolished within an historic zone, district, site or landmark unless and until an application for a building permit shall have been approved in accordance with § 188-109J or, if that subsection is not applicable, then in accordance with § 188-109D(1).
(3)
In reviewing historic zone plans submitted to the Zoning Board of Adjustment or Planning Board in accordance with § 188-109D(1), consideration shall be given to:
(a)
The historic or architectural value and significance
of the building or structure and its relationship to the historic
value of the surrounding area.
(b)
The general compatibility of exterior design,
arrangement and materials proposed to be used.
(c)
Any other factor, including aesthetics, which
it deems pertinent.
(4)
The Planning Board or Zoning Board of Adjustment shall not disapprove applications entitled "Historic Zone Plans" except in regard to considerations as set forth in Subsection D(3), (4), (5) and (12)(d). It is the intent of this subsection that alterations of, repairs on and additions to historic and architecturally significant buildings, landmarks and structures be made in the spirit of their architectural style. Criteria for evaluation of historic buildings, landmarks and structures shall be those developed by the National Trust for Historic Preservation and/or the Hillsborough Township Historic Preservation Commission. The Planning Board or Zoning Board of Adjustment shall have the power to engage experts to aid in the deliberation as well as use representatives of the Historic Preservation Commission in accordance with § 188-109I. A building permit shall not be issued until the historic zone plan has been approved by such municipal agency. Nothing in this subsection shall in any way limit the power of the Historic Preservation Commission or the criteria it deems pertinent in making its written reports and recommendations to the Construction Official in accordance with those applications for permits which fall under its authority under § 188-109J.
(5)
Demolition.
(a)
Demolition of historic and architecturally significant buildings, landmarks and structures shall be discouraged. Demolition or removal may be forbidden or postponed for a period of six months (after public hearing granted to the applicant if requested), and the Planning Board or Zoning Board of Adjustment shall then consult civic groups and public agencies to ascertain how the Township may preserve the buildings, structures and/or premises. The approving authority is empowered to work out with the owner feasible plans for preservation of buildings and structures where demolition or removal thereof would cause notable loss to the public and to the Township. Moving of such buildings and structures shall be encouraged as an alternative to demolition. Nothing in this subsection shall limit the municipality's ability under § 188-109M.
(b)
In regard to an application to demolish an historic
landmark or structure or any improvement within an historic district,
the following matters should be considered:
[1]
Its historic, architectural, cultural or scenic
significance.
[2]
If it is within an historic district, its significance
to the district as a resource and the probable impact of its removal
on the district.
[3]
Its potential for use for those purposes currently
permitted by the Zoning Ordinance.
[4]
Its structural condition and the economic feasibility
of alternatives to the proposal.
[5]
Its importance to the municipality and the extent
to which its historical architectural value is such that its removal
would be detrimental to the public interest.
[6]
The extent to which it is of such old, unusual
or uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty
and expense.
[7]
The extent to which its retention would promote
the general welfare by maintaining and increasing the real estate
values, generating business, creating new jobs, attracting tourists,
students, writers, historians, artists and artisans, attracting new
residents, encouraging study and interest in American history, New
Jersey history and the history of Hillsborough Township; stimulating
interest in the study of architecture and design, educating citizens
in American cultural heritage or making the municipality a more attractive
and desirable place in which to live.
(6)
Movement to another site.
(a)
If it is necessary to move an historic or architecturally
significant building or structure to another site within the Township
in order to preserve it but a variance from normal yard requirements
may be necessary, such variance may be granted, provided that it will
not adversely affect neighboring properties and will maintain the
historic appearance of the zone. The Zoning Board of Adjustment shall
have the authority to determine whether such variance from standard
yard requirements is to be made.
(b)
In regard to an application to move any historic
landmark or structure or move any improvement within an historic district,
the following matters shall be considered:
[1]
The historic loss to the site of original location
and the historic district as a whole.
[2]
The compelling reasons for not retaining the
landmark or structure at its present site.
[3]
The compatibility, nature and character of the
current and of the proposed surrounding areas as they relate to the
protection of interest and values referred to in this chapter.
[4]
The probability of significant damage to the
landmark or structure itself.
[5]
If it is to be removed from Hillsborough Township,
the proximity of the proposed new location to the Township, including
the accessibility to the residents of the municipality and other citizens.
[6]
If the proposed new location is within a district,
visual compatibility factors.
(7)
New uses.
(a)
Any new use within an historic zone shall require the approval of an historic zone plan by the approving authority, certifying that such use or construction will not detract from the character of and is in harmony with the nature of said historic zone. It is the intent of this section that the compatibility of plans for such new use be considered in general terms. Recommendations from the Historic Preservation Commission in accordance with § 188-109I shall be considered by the approving authority in making its determination.
(b)
Any new construction within an historic zone or on an historic site shall require the favorable recommendation of the Historic Preservation Commission in accordance with § 188-109J, certifying that such construction will not detract from the character of and is in harmony with the nature of said historic zone, and such favorable recommendation shall be a condition precedent to the issuance of a building permit. Plans and specifications shall be used to support the application. It is the intent of this subsection that the compatibility of plans for such new construction be considered in general terms.
(8)
Nothing in this section shall prohibit repair
or rebuilding of any historic building or structure on an historic
site in order to maintain or return said building or structure to
its original condition prior to its deterioration or destruction nor
to prevent the alteration, repair or demolition of any recent building,
structure or addition out of keeping with the architectural character
of said area.
(9)
If the approving authority shall fail to take
action on any application within the required time, the application
shall be deemed to be approved, except where a mutual agreement has
been reached for an extension of the time limit.
(10)
Any building, landmark, structure and/or premises
of historical or architectural significance within the Township may
be considered for designation as an historic site and placed under
the protection of this chapter upon written application to the Historic
Preservation Commission by the owner or owners of said property.
(11)
The Historic Preservation Commission shall, as part of its ongoing responsibilities under § 188-109H(1) and (6), review the designation of historic sites and historic districts.
[Amended 12-11-1990 by Ord. No. 90-25]
(a)
If, after such review, it deems buildings, structures, premises and/or districts not so designated to be worthy of such designation, it shall proceed in accordance with § 188-109K.
(b)
If, after such review or pursuant to the application
of a property owner, it deems buildings, structures, premises or areas
so designated as historic sites or historic districts no longer worthy
of such designations, it shall proceed in the following manner. All
applications for issuance of dedesignation certificates pertaining
to historic sites or historic districts shall be submitted to the
Construction Official or the Zoning Officer and referred by them to
the Historic Preservation Commission. A favorable recommendation by
the Historic Preservation Commission shall be required before a dedesignation
certificate may be issued by the aforementioned administrative official.
(c)
Upon a declaration by the Historic Preservation
Commission that the application is complete, the matter will be set
down for hearing. If the Historic Preservation Commission finds that
an adjacent property may be affected by the actions for which a favorable
recommendation for dedesignation has been requested, the Commission
may order that the applicant send certified mail notices of the matter
pending before it to the adjacent property owner. Such owners shall
have 15 days within which to file a written objection to the request
for dedesignation. If written objection is received, the Commission
shall hear the objection on the record prior to rendering its decision.
The objector shall have full rights to present evidence and to cross-examine
witnesses. The applicant shall have the right to present all evidence
in favor of dedesignation and to cross-examine any witnesses presented
by the objector against dedesignation. Prior to the hearing, the applicant
shall submit a certificate to the Commission that all properties within
200 feet of the lot lines for the historic site or district have been
sent certified mail notices of the application not less than 10 days
before it is to be heard. The applicant shall also present proof of
publication of a notice of the application in the official newspaper
not less than 10 days before it is to be heard. The Commission shall
reach a decision on the application within 45 days after the Secretary
has declared an application to be complete. Nothing herein shall prohibit
an extension of time by mutual agreement of the applicant and the
Commission.
(d)
The Commission shall set forth its decision
on each application in resolution form with findings of fact and conclusions.
If an application for dedesignation is approved, the Commission shall
forthwith issue a favorable recommendation to the appropriate administrative
official, who shall cause a dedesignation certificate to issue and
provide the same to the applicant along with a certified copy of the
resolution. In case of a negative recommendation, the Commission shall
notify the applicant in writing of such resolution and provide the
applicant with a certified copy thereof. A summary of the Commission's
actions shall be published in the official newspaper. The Commission
shall provide its report and resolution to such administrative officer
within 45 days of the conclusion of the hearing. If the recommendation
to the administrative officer is against the issuance of a dedesignation
certificate or recommends conditions to the dedesignation certificate,
the administrative officer shall deny issuance of the dedesignation
certificate or include the conditions in the certificate, as the case
may be. The administrative officer is bound by the recommendations
it receives from the Commission.
(e)
Any applicant aggrieved by the action of the administrative official who is bound to follow the recommendations of the Historic Preservation Commission may appeal that determination and action of the administrative official to the Township Zoning Board of Adjustment in accordance with § 188-6I(1). If such appeal is taken and a hearing held, the Historic Preservation Commission shall advise the Zoning Board of its analysis and recommendation through the testimony of a representative of the Commission, who shall testify orally at the hearing and explain any written report which may have been submitted. Such testimony shall be considered by the Zoning Board of Adjustment as a factor in its overall decision, but such testimony shall not be dispositive of the issue on appeal.
(12)
In regard to an application for any approval
of proposed action as set forth in this chapter, the following matters
shall be considered:
(a)
If an historic landmark or a structure in an
historic district is involved:
[1]
The impact of the proposed change
on its historic or architectural significance.
[2]
Its importance to the municipality
and the extent to which its historic or architectural interest would
be adversely affected to the detriment of the public interest.
[3]
The extent to which there would
be the involvement of textures and materials that could not be reproduced
or could be reproduced only with great difficulty and expense.
(b)
The use of any structure involved.
(c)
The extent to which the proposed action would
adversely affect the public's view of a landmark or structure within
an historic district from a public street.
(d)
If the application deals with a structure within
an historic district, the impact the proposed change would have on
its character and ambiance and the structure's visual compatibility
with the buildings, places and structures to which it would be visually
related in terms of the visual compatibility factors set forth herein.
In assessing the effect of any proposed change on an application concerning
any landmark, the following visual compatibility factors shall be
used to analyze the effect that the change applied for would have
on the landmark and on those structures to which the landmark is visually
related. In the event that an historic district has such unique features
that the general guidelines below are not appropriate criteria, regulations
shall be adopted for each such district which are consistent with
the generally applicable visual compatibility factors set forth below:
[1]
Height. The height of the proposed
building shall be visually compatible with adjacent buildings.
[2]
Proportion of the building's front
facade. The relationship of the width of the building to the height
of the front elevation shall be visually compatible with buildings
and places to which it is visually related.
[3]
Proportion of openings within the
facility. The relationship of the width of windows to the height of
windows in a building shall be visually compatible with the buildings
and places to which it is visually related.
[4]
Relationship of solids to voids
on facades fronting on public places. The relationship of solids to
voids on such facades of a building shall be visually compatible with
the buildings and places to which it is visually related.
[5]
Relationship of spacing of buildings
on streets. The relationship of the buildings to the open space between
it and the adjoining buildings shall be visually compatible with the
buildings and places to which it is visually related.
[6]
Relationship of entrance and/or
porch projections. The relationship of entrance and porch projections
to the street to which it is visually related.
[7]
Roof shape. The roof shape of a
building shall be visually compatible with the buildings to which
it is visually related.
[8]
Walls of continuity. Appurtenances
of a building, such as walls, open-type fencing, evergreen and landscape
masses, shall form cohesive walls of enclosure along the street to
the extent necessary to maintain any visual compatibility of a building
with the buildings and places to which it is visually related.
[9]
Scale of building. The size of
a building, the mass of a building in relationship to open spaces,
the windows, door openings, porches and balconies shall be compatible
with the buildings and places to which it is visually related.
[10]
Directional expression of front
elevation. A building shall be visually compatible with the buildings
and places to which it is visually related in its dimensional character,
whether this be vertical character, horizontal character or nondirectional
character.
[11]
Exterior features. A structure's
related exterior features, such as lighting, fences, signs, sidewalks
and driveways, shall be compatible with the features of those structures
to which it is visually related and shall be appropriate for the historic
period for which the building is significant.
E.
Administration.
(1)
There is hereby established pursuant to P.L.
1985 c. 516[1] in the Township of Hillsborough an Historic Preservation
Commission, replacing the present Historic Commission, which shall
be disbanded upon adoption of this subsection. It shall consist of
seven members and two alternate members all of whom shall be appointed
by the Mayor of the Township. The Historic Preservation Commission
shall have the authority to designate and regulate landmarks, historic
sites and/or historic districts. The Commission shall consist of the
following:
[Amended 5-23-2001 by Ord. No. 2001-21]
(a)
Class A. This class shall contain one member
who shall be a person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality.
(b)
Class B. This class shall contain two members
who shall be persons who are knowledgeable or with a demonstrated
interest in local history and who may reside outside the municipality.
(c)
Class C. This class shall contain four members
who shall be citizens of the municipality who shall hold no other
municipal office, position or employment, except for membership on
the Planning Board or Board of Adjustment.
(d)
Alternate members. Alternate members shall meet
the qualifications of Class C members and shall be appointed as Alternate
No. 1 and Alternate No. 2.
[1]
Editor's Note: See N.J.S.A. 40:55D-107 et
seq.
(2)
Terms; vacancies; membership.
(a)
The terms of the members first appointed under
this subsection shall be so determined that to the greatest practicable
extent, the expiration of the term shall be distributed, in the case
of regular members, evenly over the first four years after their appointment,
and in the case of alternate members, evenly over the first two years
after their appointment; provided that the initial term of no regular
member shall exceed four years and that the initial term of no alternate
member shall exceed two years. Thereafter, the term of a regular member
shall be four years; and the term of an alternate member shall be
two years.
(b)
A vacancy occurring otherwise than by expiration
of term shall be filled for the unexpired term only.
(c)
Notwithstanding any other provision herein,
the term of any member common to the Historic Preservation Commission
and the Planning Board shall be for the term of membership on the
Planning Board; and the terms of any member common to the Historic
Preservation Commission and the Board of Adjustment shall be for the
term of membership on the Board of Adjustment.
(d)
The Historic Preservation Commission shall elect
a Chairman and Vice Chairman from its members and select a Secretary,
who may or may not be a member of the Historic Preservation Commission
or a municipal employee.
(e)
Alternate members may participate in discussions
of the proceedings but may not vote, except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
(f)
No member of the Historic Preservation Commission
shall be permitted to act on any matter in which he has, either directly
or indirectly, any personal or financial interest.
(g)
A member of the Historic Preservation Commission
may, after public hearing, if he requests it, be removed by the Township
Committee.
F.
Appropriations to fund, employment of experts and
staff.
[Added 8-14-1990 by Ord. No. 90-15]
(1)
The Township Committee shall make provisions
in its budget and appropriate funds for the expenses of the Historic
Preservation Commission.
(2)
The Historic Preservation Commission may employ,
contract for and fix the compensation of experts and other staff and
services as it shall deem necessary. The Commission shall obtain its
legal counsel from the Municipal Attorney at the rate of compensation
determined by the Township Committee. Expenditures pursuant to this
subsection shall not exceed, exclusive of gifts or grants, the amount
appropriated by the Township Committee for the Commission's use.
G.
Responsibilities. The Historic Preservation Commission
shall have the responsibility to:
(1)
Prepare a survey of historic sites, districts
and landmarks of the Township pursuant to criteria identified in the
survey report and this chapter.
(2)
Make recommendations to the Planning Board on
the historic preservation plan element of the Master Plan and on the
implications for preservation of historic sites and landmarks of any
other Master Plan elements.
(3)
Advise the Planning Board on the inclusion of
historic sites and landmarks in the recommended capital improvement
program.
(4)
Advise the Planning Board and Board of Adjustment on applications for development pursuant to § 188-109H as contained in this chapter.
(5)
Provide written reports and make recommendations as to permits pursuant to Subsection I of this section on the application of the Zoning Ordinance provisions concerning historic preservation.
(6)
Carry out such other advisory, educational and
informational functions as will promote historic preservation in the
municipality.
H.
Development in historic districts or sites; informational
copies of application; transmittal by Planning Board or Board of Adjustment;
testimony at hearing; conditions and procedures.
(1)
The Planning Board and Board of Adjustment shall
make available to the Historic Preservation Commission an informational
copy of every application submitted to either Board for development
in historic districts designated as such either by the predecessor
Historic Commission through inclusion and identification in its map
of historic districts or by the Township Committee through inclusion
and identification in the official Zoning Map of the Township or for
development on historic sites designated as such in the Master Plan
or included and identified in the official Zoning Map of the Township
as an historic site or listed in the federal or state historical register
as an historic site or included and identified in the predecessor
Historic Commission's Register and list of historic sites. Failure
to make the informational copy available shall not invalidate any
hearing or proceeding. The Historic Preservation Commission may provide
its advice which shall be conveyed through its delegation of one of
its members or staff to testify orally at the hearing on the application
and explain any written report which may have been submitted. The
Commission must be represented at the hearing in order for its advice
to be considered by the Board. The testimony of the representative
of the Historic Preservation Commission, while not dispositive of
the issues before the Planning Board or Board of Adjustment, shall
nevertheless be considered by the Board as an additional source of
information in making its decisions relative to the application.
[Amended 12-11-1990 by Ord. No. 90-25]
I.
Designation and regulation of historic sites or districts
by ordinance; reference of application for issuance of permits to
Commission; report for grant; conditional grant or denial.
(1)
All applications for issuance of permits pertaining
to historic sites designated as such in the Master Plan or included
and identified in the official Zoning Map of the Township as an historic
site or listed in the federal or state historical registers as an
historic site or included and identified in the predecessor Historic
Commission's register and list of historic sites or pertaining to
property in historic districts designated as such either by the predecessor
Historic Commission through inclusion and identification in its map
of historic districts or by the Township Committee through inclusion
and identification in the official Zoning Map of the Township shall
be referred by the Building Inspector and/or the Zoning Officer to
the Historic Preservation Commission for a written report of the application
of the Zoning Ordinance provisions concerning historic preservation
to any of those aspects of the change proposed, which aspects were
not determined by approval of an application for development by either
the Planning Board or Zoning Board of Adjustment pursuant to the Municipal
Land Use Law. By way of example, after the Historic Preservation Commission
has advised either the Planning Board of the site plan, subdivision
or conditional use or the Board of Adjustment on a variance or zoning
interpretation, the same project may again be referred to the Commission,
but this time by an administrative officer for recommendation on aspects
involved which were not considered by the prior approval of the Planning
Board or Board of Adjustment. Alternatively, such referrals may come
to the Historic Preservation Commission from the appropriate administrative
officer concerning property which was not required to come before
the Planning Board or Zoning Board of Adjustment for the relief enumerated
hereinabove.
[Amended 12-11-1990 by Ord. No. 90-25]
(2)
The Historic Preservation Commission shall submit
its report to the referring administrative officer. The Commission
shall report to such administrative officer within 45 days of that
officer's referral of the application to the Historic Preservation
Commission. If, within the forty-five-day period, the Historic Preservation
Commission recommends to the administrative officer against the issuance
of a permit or recommends conditions to the permit to be issued, the
administrative officer shall deny issuance of the permit or include
the conditions in the permit, as the case may be. Failure to report
within the forty-five-day period shall be deemed to constitute a report
in favor of issuance of the permit and without the recommendations
of conditions to the permit. If the administrative officer receives
a timely report, he is bound by its recommendations.
(3)
Any applicant aggrieved by the action of the administrative officer who is bound to follow the recommendations of the Historic Preservation Commission may appeal that determination and action of the administrative officer to the Township Zoning Board of Adjustment in accordance with § 188-6I(1). If such appeal is taken and a hearing held, the Historic Preservation Commission shall advise the Zoning Board of Adjustment of its analysis and recommendation through the testimony of a representative of the Commission who shall testify orally at the hearing and explain any written report which may have been submitted. Such testimony shall be considered by the Zoning Board of Adjustment as a factor in its overall decision, but said testimony shall not be dispositive of the issue on appeal.
J.
Designation of historic sites, historic districts
and landmarks.
(1)
In accordance with § 188-109G(1) and (2), the Commission shall make a comprehensive survey of the Township of Hillsborough for the purposes of identifying future historic districts, historic sites and landmarks which are worthy of protection and preservation.
(2)
Based on the survey, or upon the recommendation
of concerned citizens, the Commission shall document the importance
and historical significance to the municipality, state or nation of
each landmark designation in terms of the purposes and criteria referred
to in this chapter. Thereafter, the Commission, by certified mail,
shall:
(a)
Notify each owner that his property has been
tentatively designated as a historic landmark, site or district and
the reasons therefor.
(b)
Advise each owner of the significance of and
consequences of such tentative designation and advise him of his opportunity
and rights to challenge or contest such designation.
(3)
The tentative list and map shall thereafter
be submitted at a public meeting for examination and comment by the
public. Interested persons shall be entitled to present their opinions,
suggestions and objections at this public hearing. A list and map
showing all proposed historic districts, sites and landmarks shall
be published together with notice of the hearing on the same in the
official newspaper of the municipality or a newspaper of general circulation
in the municipality not less than 10 days before such hearing is to
be held.
(4)
After full consideration of the evidence brought
forth at the special hearing, the Commission shall make its final
decisions on the designations and shall issue its final report to
the public, stating reasons in support of its actions with respect
to each landmark, site and historic district designation. The list
shall be submitted thereafter as part of the recommendations to be
made to the Planning Board in accordance with § 188-109H(2).
(5)
Copies of the designation list as referred to
the Planning Board shall be submitted to the Township Clerk, made
public and distributed to all municipal agencies reviewing development
applications and all building and housing permits. A certificate of
designation shall be served by certified mail upon the owner of each
site included in the final list.
K.
Procedure for issuance of building permits where recommendation
of Historic Preservation Commission is necessary under § 188-1091
of this chapter.
(1)
A favorable recommendation by the Historic Preservation
Commission shall be required before a permit is issued for the following
or in the event that no other type of permit is otherwise required
or any other type of Planning Board or Board of Adjustment approval
is required before work can commence on any of the following activities
on any of the properties within any historic site designated as such
in the Master Plan or included and identified in the official Zoning
Map of the Township as an historic site or listed in the federal or
state historical registers as an historic site or included and identified
in the predecessor Historic Commission's register and list of historic
sites or within any historic district designated as such either by
the predecessor Historic Commission through inclusion and identification
in its map of historic districts or by the Township Committee through
inclusion and identification in the official Zoning Map of the Township.
[Amended 12-11-1990 by Ord. No. 90-35]
(a)
Demolition of a landmark or of any improvement
within any historic district.
(b)
Relocation of any historic landmark or of any
improvement within any historic district.
(c)
Change in the exterior appearance of any existing
landmark or of any improvement within any historic district by additional
alteration or replacement.
(d)
Any new construction of a principal or accessory
structure.
(2)
Favorable recommendation shall be provided for
any repainting, repair or exact replacement of any existing improvement.
In the event that the color or exterior surface material of the improvement
shall be changed as a result of such repainting, repair or exact replacement,
a favorable report shall be provided if the color or exterior surface
is one that has been previously approved by regulations duly promulgated
by the Commission for similar improvement in that district or as to
that landmark.
(3)
All applicants under this subsection shall complete
and submit a preapplication form as promulgated by the Commission
not less than 10 days before a Commission meeting. The Commission
shall review the preapplication form and classify the application
in accordance with the relief requested.
(a)
If the action for which the favorable recommendation
is requested will substantially affect those characteristics of the
landmark listed on its landmark designation or, in the case of a structure
within an historic district, will substantially affect the characteristics
of the district listed on the district's landmark designation, the
Commission shall classify the application as a major application and
write the applicant to submit a full application as described in the
Commission's regulations.
(b)
If the action for which the favorable recommendation
is requested will not substantially affect the landmark or district,
then the Commission shall classify the application as a minor application.
(4)
Major and minor applications.
(a)
Minor applications may be heard and decided
immediately upon classification. Such immediate hearing shall be at
the Commission's discretion if it feels there is sufficient evidence
on the record at that point. If the Commission finds that an adjacent
property may be affected by the action for which a favorable recommendation
has been requested, the Commission may order as a condition subsequent
to the approval of a minor application that the applicant send certified
mail notices of the Commission's actions to such owners of the adjacent
property that the Commission believes might be affected by its action.
Such owners shall have 30 days to file a written objection, absent
which a favorable recommendation shall be forthcoming for the minor
application. If written objection is received, the Commission shall
hear the objector on the record prior to reconsidering its decision.
The objector shall have full rights to present evidence and to cross-examine
prior witnesses. The Commission shall hear and decide any objection
within 45 days of its receipt.
(b)
An applicant seeking a favorable recommendation
of a major application shall submit the following items:
[1]
A complete application form as required by the
rules and regulations of the Commission.
[2]
A certificate that all properties within 200
feet of the lot lines for the landmark property have been sent certified
mail notice of the application not less than 10 days before it is
to be heard.
[3]
Proof of publication of a notice of the application
in the official newspaper not less than 10 days before it is to be
heard.
(5)
Decision; issuance.
(a)
The Commission shall reach a decision on the
application within 45 days after the Secretary has declared an application
to be complete; otherwise, the application shall be deemed to have
been approved. Nothing herein shall prohibit an extension of time
by mutual agreement of the applicant and the Commission. The Commission
may advise the applicant and make recommendation in regard to the
appropriateness of the proposed action and provide a favorable recommendation
upon such conditions as it deems appropriate within the intended purposes
of this chapter. The Commission shall set forth its decision on each
application in resolution form with findings of fact and conclusions.
(b)
If an application is approved, the Commission
shall forthwith issue a favorable recommendation to the appropriate
administrative official and provide the same to the applicant, along
with a certified copy of the resolution. In case of a negative recommendation,
the Commission shall notify the applicant in writing of such resolution
and provide the applicant with a certified copy thereof. A summary
of the Commission's actions shall be published in the official newspaper.
(c)
In the event that an applicant alleges that
compliance with the requirements of this section would be an unreasonable
hardship and that the nature of his application is such that the minor
change sought neither justifies the time and expense of the plenary
proceeding nor will impact negatively on the public good nor specifically
on the historic qualities sought to be preserved, the Commission,
by a two-thirds affirmative vote of its full authorized membership,
may grant such relief from the requirements of this section as it
deems consistent with the public good and the purposes of this chapter.
(6)
An applicant may allege that a favorable recommendation
should be granted without his fulfilling of the application requirements
set forth herein because the addition or alteration contemplated will
not be visible to any place to which the public normally has access
and therefore that said additional alteration cannot adversely affect
the public interest. In that event, the Commission, by a majority
vote of its full authorized membership, upon a finding that the applicant's
claim is accurate, may forthwith grant a favorable recommendation
on that basis.
L.
Violations and penalties.
(1)
If any person shall undertake any activity concerning a landmark or improvement within an historic district designated as such either by the predecessor Historic Commission through inclusion and identification in its map of historic districts or by the Township Committee through inclusion and identification in the official Zoning Map of the Township or concerning a landmark or improvement within an historic site designated as such in the Master Plan or included and identified in the official Zoning Map of the Township of Hillsborough as an historic site or listed in the federal or state historical register as an historic site or included and identified in the predecessor Historic Commission's register and list of historic sites without first having obtained a favorable recommendation under § 188-109I or J, such person shall be deemed to be in violation of this chapter.
[Amended 12-11-1990 by Ord. No. 90-25]
(2)
Upon learning of the violation, the Zoning Officer
shall personally serve upon the owner of the lot whereon the violation
is occurring a notice describing the violation, in detail, and give
the owner 10 days to abate the violation by restoring the landmark
or improvement to its status quo ante. If the owner cannot be personally
served within the municipality with said notice, a copy shall be posted
on the site and a copy sent certified mail, return receipt requested,
to the owner at his last known address as it appears on the municipal
tax rolls.
(3)
In the event that the violation is not abated
within 10 days of service or posting on site, whichever is earlier,
the Zoning Officer shall cause to be issued a summons and complaint
returnable to the Municipal Court charging violation of this chapter.
(5)
If any person shall undertake any activity concerning
a landmark or improvement within an historic district or within an
historic site without first having obtained the necessary municipal
approvals, he shall be required to restore the same.
[Amended 12-11-1990 by Ord. No. 90-25]
(6)
In the event any action which would permanently
change adversely the landmark within the historic district or within
the historic site, such as demolition or removal, is about to occur
without a favorable recommendation from the Commission or approval
from the Planning Board or the Board of Adjustment, the Zoning Officer
is hereby authorized to apply to the Superior Court of New Jersey
for such injunctive relief as is necessary to prevent a destruction
of any such landmark.
[Amended 12-11-1990 by Ord. No. 90-25]
M.
Abatement of violations.
(1)
Recognizing the need for preventive maintenance
to ensure the continued useful life of landmarks and structures in
historic districts and on historic sites, the municipal governing
body hereby declares that the code enforcement concerning landmarks
and structures in historic districts and on historic sites is a high
municipal priority.
(2)
In the event that any landmark or improvement
in an historic district designated as such either by the predecessor
Historic Commission through inclusion and identification in its map
of historic districts or by the Township Committee through inclusion
and identification in the official Zoning Map of the Township or on
an historic site designated as such in the Master Plan, or included
and identified in the official Zoning Map of the Township of Hillsborough
as an historic site or listed in the federal or state historical register
as an historic site or included and identified in the predecessor
Historic Commission's register and list of historic sites deteriorates
to the point that in the best estimate of the Building Department,
the cost of correcting the outstanding violations equals more than
25% of the cost of replacing the entire improvement on which the violations
occur, the Department shall serve personally or by certified mail,
return receipt requested, a notice on the owner of the landmark listing
the violations, the estimate for the abatement and the replacement
cost of the improvement and stating that if the owner does not take
the necessary remedial action within 90 days or such extensions as
the Department for good cause grant, the municipality, through a decision
by the Township Committee, may, at the expiration of 90 days, enter
upon the property and abate such violations itself and cause the cost
thereof to become a lien on the property, provided that the Township
Committee receives a recommendation in this regard from the Historic
Preservation Commission. This provision shall not apply to owner-occupied
dwellings.
[Amended 12-11-1990 by Ord. No. 90-25]
(3)
Upon receipt of such notice, the owner may, within 10 days after such receipt, notify the Building Department of his wish to have a hearing as to the allegations and estimates set forth in the Department's notice. Such hearing shall be conducted by the Historic Preservation Commission and shall, so far as possible, be a formal adversary proceeding in which the Building Department shall establish the matters alleged in the notice by preponderance of the evidence. If the owner does not request a hearing, the procedures set forth in Subsection M(2) above shall apply. If a hearing is requested, the Construction Official will, within 10 days following the hearing, serve on the owner an opinion in writing setting forth the reasons therefor. Such opinions shall be deemed to be a first notice pursuant to Subsection M(2).
(4)
Thereafter, if the owner does not comply, the
Department may enter upon the premises and, by use of municipal labor
or outside contractors, or both, perform such work as is necessary
to abate all violations.
(5)
The head of the Department shall then certify
to the municipal governing body the cost of such work plus all administrative,
clerical and legal costs in overhead attributable thereto and shall
present the same to the municipal governing body.
(6)
The municipal governing body may, by resolution,
vote to cause the sum so certified to become a lien upon the landmark
property, payable with the next quarter's property taxes and, if not
then paid, bearing interest at the same rate as delinquent taxes.
A.
Purposes. The purposes of this article are to provide
a method of development pursuant to the authority granted by and in
accordance with the purposes of the Municipal Land Use Law in order
to provide procedures and standards that will encourage development
resulting in the more efficient use of land for and the provision
of public service to housing; innovations in type, design and layout
of buildings; changes in technology; more efficient use of open space;
preservation of agricultural land and other critical areas; the best
features of modern design; and the conservation of the value of land.
The provisions of this article are intended to allow development according
to the above purposes and in a manner that coordinates the design
standards with the applicable portions of this article and other sections
of this chapter in accordance with the purposes of those provisions.
B.
Statement of objectives. It is the intent of the Township
of Hillsborough, through the use of planned developments, to coordinate
development in accordance with the adopted Master Plan and the following
objectives:
(1)
Critical areas and common open space. It is
intended that the preservation of open space for active and passive
recreational facilities, of wetlands for ecological and safety purposes,
and of steep slopes and areas of erodible soils, to prevent siltation
and erosion and that the creation of greenways serving as neighborhood
dividers and visual breaks and of tot-lots and playground facilities
to serve the residents, and that portions of tracts having the best
soils for agricultural use shall be incorporated as areas for landscaping
or agricultural use. Open space locations shall be convenient to the
population they serve, as well as in locations assisting in the improved
design of these developments.
(2)
Innovative housing types. It is intended through
this chapter that innovative land use and mixtures of housing types
be allowed within an individual development. Flexible land use standards,
within the established zone density, should allow optimum use of the
site while preserving critical areas and common open space as outlined
above. Patio houses, atrium homes, clustered single family homes,
townhouses, etc., as well as mixtures of these types, are all encouraged;
provided, however, that they are located so as to be compatible with
surrounding existing uses, and provided further that an integrated
theme of layout, architecture and construction be used throughout
the development.
(3)
Mixed land use for various purposes. Where developments
are of sufficient land area and population, a mixture of residential,
commercial and office uses is encouraged, provided that the service
area for nonresidential uses is primarily for the development itself.
Different uses should be separated though coordinated, and different
uses should be related through an overall design.
(4)
Other factors relevant to authorizing planned
developments. It is intended that the location and design standards
for streets will incorporate the objectives of the adopted Master
Plan and that many of the development pressures expected to occur
will be better handled through planned development legislation, such
as assuring the protection of open spaces, floodplains and wetlands,
landscaping to control erosion and siltation and to encourage an aesthetic
quality in new developments, housing diversification to provide a
wider choice of housing for all age and income groups as well as to
encourage employment opportunities, reduced street and utility mileage
to reduce construction costs as well as long-term maintenance costs,
coordinated overall design and the ability to control the staging
of development, each stage with balanced terms and conditions to protect
the interests of the public, the residents and owners within the planned
development.
(5)
Industrial uses in planned developments. It
is an express objective of these planned development provisions that
industrial manufacturing uses not be allowed in a planned development
unless that portion of the property falls within the designated industrial
zones. In no case shall access to industrial operations be solely
through a residential area.
C.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
the proposed improvements to the off-site road infrastructure are
completed so provided in the Master Plan or until such time as the
Township Engineer and the Planning Board by majority vote certify
to the Township Committee that then current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the area to be developed as compared to the district as a whole.
Funds in the escrow account shall be expended by the Township for
their intended purpose within five years of deposit or shall be returned
with interest to the developer.
[Added 10-12-1982 by Ord. No. 82-13]
A.
It is recognized that there are planned unit developments
which were granted final approval and tentative approval under the
Planned Unit Development Ordinances in effect prior to the adoption
of this chapter, in which higher density residential units per acre
were permitted, and that, under the provisions of the Municipal Planned
Unit Development Act (1967), N.J.S.A. 40:55-54 et seq., in effect
at that time, such approvals have granted to the applicants certain
rights to such higher densities which have survived the adoption of
this chapter. It is further recognized, however, that it may be to
the advantage of the Township of Hillsborough to permit lower densities
than those previously granted, although higher than the limitation
set forth in this article. Accordingly, the approving authority is
hereby given the authority to permit amendment of any application
which has heretofore received tentative and/or final approval and
which approval permitted an average residential unit density greater
than eight units per acre, upon the following terms:
(1)
That the development, as amended, will not exceed
eight units per gross site acre exclusive of flooding and flood hazard
areas.
(2)
That the development, as amended, will not exceed
the density or intensity of land use as computed under Section 2406-A
of the ordinance superseded hereby.[1]
|
Type of Construction
|
Person Per Unit
| |
|---|---|---|
|
Single-family house
|
4
| |
|
Three-bedroom townhouse
|
4
| |
|
Two-bedroom townhouse, apartment or condominium
unit
|
3
| |
|
Garden apartment, condominium unit or townhouse
having one bedroom
|
2.5
| |
|
Medium-rise apartment or condominium unit or
efficiency apartment
|
2
| |
|
However, each housing type shall also be limited
by the separate density requirements specified hereunder.
| ||
[1]
Editor's Note: The ordinance referred to was
adopted 8-14-1973 as Ord. No. 73-13, which amended the former Zoning
Ordinance adopted 5-8-1973 as Ord. No. 73-5. Section 2406-A read as
follows: “2406-A. Pursuant to New Jersey Statutes 40:55-57(b)(1),
the following standards are hereby established governing the density,
or intensity of land use, in a planned unit development: in any project,
the average population density of residential land including Community
Facilities Areas as required hereunder shall not exceed 25 persons
per acre for such residential land. For the purposes of this computation,
the following schedule shall be adhered to:”
(3)
That the housing types and mix shall conform
to Section 2406 of the ordinance superseded hereby[2] or to that as permitted in this article.
[2]
Editor's Note: The following is the text of
Section 2406: “2406. Proportion and Timing of Development. The
express purpose of the PUD option is to provide a balance and variety
of housing types along with commercial uses, while providing for a
more efficient use of land within the Township. Accordingly, specific
guidelines for housing types and mix are not given, provided, however,
that the following general guidelines for residential dwellings shall
hold: (a) Not more than 20% single-family detached dwellings. (b)
Not more than 75% townhouses. (c) Not more than 50% garden and medium
rise apartment units. “Townhouses with one bedroom or less shall
be considered as garden apartment units. Construction of commercial
and office or research centers serving both the residents of the PUD
and the Township at large will be encouraged where compatible with
Township needs. Construction of all uses shall proceed as nearly simultaneously
as possible and such construction schedule shall be reported monthly
to the Planning Board by the site developers for review by the Board.”
(4)
That the proposed amendment shall otherwise
be in substantial compliance with the terms of the prior final and/or
tentative approval, as substantial compliance was defined in N.J.S.A.
40:55-63b, or, if not in such substantial compliance, then a public
hearing shall be required.
(5)
That any prior final approval shall expire two
years from January 1, 1977, as contained in N.J.S.A. 40:44D-52 unless
the final subdivision plat is filed with the county recording officer
and, for a site plan, the building permit(s) have been issued by December
31, 1978. This time may be extended by the Planning Board upon request
of the developer under the conditions contained in N.J.S.A. 40:55D-52.
(6)
That any prior tentative approval shall expire
three years from January 1, 1977, as contained in N.J.S.A. 40:55D-49
unless the final plat is submitted by December 31, 1979. The three
year-period may be extended by the Planning Board upon request of
the developer under the conditions contained in N.J.S.A. 40:55D-49.
B.
Any application made pursuant to this section for
modification or amendment to a preexisting final and/or tentative
approval shall be without prejudice to the existing rights of the
applicant under said act, and denial of application for amendment
shall not affect the preexisting rights of said applicant.
C.
The purpose of this section is to give the approving
authority the right, authority and opportunity to encourage and permit
the reduction of densities from those heretofore permitted and to
encourage a greater mix as to types of housing than has resulted from
preexisting applications which have attained vested rights under the
Act. Nothing herein, however, shall give any such applicant the right
to any such amendment, and the approving authority shall have the
discretion to grant any such amendment subject to the limitations
of this article and in accordance with the purposes and objectives
of the planned unit development area as a whole.
D.
Except as may be amended or modified pursuant to Subsection A above, approvals granted for planned unit developments under the ordinance superseded hereby shall continue in effect in accordance with the terms of such prior approvals as the same may be hereafter amended, and shall be governed as to substantive matters (such as density and housing mix) by the provisions of the ordinance superseded hereby.
[Added 7-14-1981 by Ord. No. 81-11; amended 10-12-1982 by Ord. No. 82-13]
A.
Purpose. The purpose of this district is to recognize
the interrelationships between industrial and office park development
and limited retail uses. The district is intended to generate an employment
area designed and developed according to a plan as a single entity
containing one or more structures with appurtenant common areas to
accommodate the permitted uses and to promote on-site coordination
of buildings, parking, circulation, landscaping and other design criteria
and economic development in this district as well as the I-1, I-2
and GI Districts.
B.
Permitted principal uses.
(1)
Offices and office buildings.
(2)
Corporate conference center.
(3)
Restaurants.
(4)
Theaters, gymnasiums, tennis and pool facilities.
(5)
Fiduciary institutions.
(6)
Libraries and museums.
(7)
Medical centers.
(8)
Hotels/motels.
(9)
Retail sales of goods and services limited to
products manufactured by that company, such as a service center for
office computers or copying machines, or the retail sale of secondhand,
damaged or rejected products produced by the company, such as an outlet
store, shall not exceed 5% gross floor area.
(10)
Child-care and adult day-care centers. Child-care
and adult day-care centers shall be subject to site plan approval.
Site plan approval is also required where the original site plan does
not anticipate use of all or a part of the premises as a child-care
or adult day-care center but such use subsequently occurs. No building
permit shall be issued for modification of all or part of the premises
for use as a child-care or adult day-care center until revised site
plan approval has been obtained from the Planning Board or Board of
Adjustment, as appropriate.
[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]
(11)
Schools.
[Added 2-11-1997 by Ord. No. 97-06]
C.
Conditional uses.
(1)
Light manufacturing which involves processing, assembly, packaging and storage of the finished product, provided that all material is kept completely within an enclosed building and provided that uses are in conformance with the requirements of § 188-97, Prohibited uses, and § 188-72, Performance standards.
E.
Area, yard and bulk regulations.
(1)
The development shall be designed as a single
entity requiring coordination of building locations, access drives,
parking, buffers, loading and all other design elements and shall
be approved by the approving authority whether or not the buildings
are erected in one development stage or over a period of time. The
streets, utilities, lots and/or tenant's parcels must be set forth
on a plan for the entire tract prior to construction on any portion
of the tract. As development takes place in accordance with the approved
plans, changes subject to the review of the approving authority may
be made in the plans for the undeveloped sections to accommodate subsequent
land needs in the undeveloped sections, provided that the modifications
conform to logical extensions of installed segments of streets, drainage,
utilities and other facilities and are consistent with the intent
of any restrictions imposed on the original approval.
(2)
Maximum lot coverage: 60%.
(3)
Maximum building height: 60 feet, except that
no building shall exceed 20 feet unless set back from all property
lines a distance equal to five times the building height.
(4)
Maximum floor area ratio shall be 0.3. The floor
area occupied in any building or structure as a child-care center
shall be excluded in calculating the permitted density allowable for
that building or structure.
[Amended 8-14-1990 by Ord. No. 90-14]
(5)
A minimum buffer area of 50 feet shall surround the perimeter of the overall tract. An intensive buffer design will be required where abutting an existing residence per § 188-38D.
(7)
Standards.
(a)
Lot area: 25 acres minimum, except schools for
which the lot area shall be 10 acres minimum.
[Amended 2-11-1997 by Ord. No. 97-06; 3-13-2012 by Ord. No. 2012-08]
(b)
Setbacks. All building must be set back not
less than 100 feet, except that no building may be closer than 150
feet to a property line fronting on a collector street.
F.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
the proposed improvements to the off-site road infrastructure are
completed as provided in the Master Plan or until such time as the
Township Engineer and the Planning Board by majority vote certify
to the Township Committee that then-current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the area to be developed as compared to the district as a whole.
Funds in the escrow account shall be expended by the Township for
their intended purpose within five years of deposit or shall be returned
with interest to the developer.
[Added 8-12-1986 by Ord. No. 86-13]
A.
Purpose. The purpose of this district is to provide
and promote suitable corporate development opportunities, promote
improved land use which is compatible with residential areas and existing
and proposed transportation facilities and protect one of the Township's
more valuable land masses by ensuring its proper development. It is
also the intention to encourage architecture of a quality that is
consistent with quality corporate office development. Flexibility
of various ownership patterns (i.e., condo, rental) and land development
concepts is encouraged so that the resultant overall development creates
a positive image in this quadrant of Hillsborough. Additionally, it
is intended that development within this zone be encouraged to reduce
single occupant work trips so as to minimize impacts on major roadways.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Corporate office developments.
(2)
Corporate conference centers.
(3)
Offices and office buildings.
(4)
Farms.
(5)
Fiduciary institutions.
(6)
Libraries and museums.
(7)
Medical centers.
(8)
Hotels/motels.
(9)
Transportation centers.
(10)
Child-care and adult day-care centers. Child-care
and adult day-care centers shall be subject to site plan approval.
Site plan approval is also required where the original site plan does
not anticipate use of all or a part of the premises as a child-care
or adult day-care center but such use subsequently occurs. No building
permit shall be issued for modification of all or part of the premises
for use as a child-care or adult day-care center until revised site
plan approval has been obtained from the Planning Board or Board of
Adjustment, as appropriate.
[Amended 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]
(11)
Restaurants.
[Added 6-23-2009 by Ord. No. 2009-23]
C.
Conditional uses.
[Amended 12-10-1991 by Ord. No. 91-28; 6-23-2009 by Ord. No.
2009-23]
(1)
Research and development.
(a)
Minimum lot area: five acres.
(b)
Minimum lot width: 300 feet.
(c)
Minimum lot depth: 300 feet.
(d)
Minimum front yard: 100 feet.
(e)
Minimum side yard: 75 feet.
(f)
Minimum rear yard: 100 feet.
(g)
Maximum impervious coverage: 50%.
(h)
Maximum building height: three stories/40 feet.
(i)
Minimum buffer: 50 feet around side and rear lot lines where
abutting an existing residential dwelling or residential zone.
(2)
Heliports and airports, subject to compliance with the applicable requirements contained in § 188-53.[1]
[1]
Editor's Note: Former Subsection C(2), regarding utility facilities,
was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated
former Subsection C(3) through (6) as Subsection C(2) through (5),
respectively.
(5)
Light industrial or office development on tracts less than 50
acres, which may be located in a corporate development park or as
an isolated tract.
(a)
Minimum lot area: five acres.
(b)
Minimum lot frontage: 300 feet.
(c)
Minimum front yard: 100 feet.
(d)
Minimum side yard: 75 feet.
(e)
Minimum rear yard: 100 feet.
(f)
Maximum impervious coverage: 50%.
(g)
Maximum building height: three stories/40 feet.
(h)
Minimum buffer: 50 feet around side and rear lot lines where
abutting an existing residential dwelling or residential zone.
D.
Area, yard and bulk regulations. Area, yard and bulk
regulations shall be as follows:
(1)
The development shall be designed as a single
entity requiring coordination of building locations, access drives,
parking, buffers, loading and all other design elements and shall
be approved by the approving authority whether or not the buildings
are erected in one development stage or over a period of time. The
streets, utilities, lots and/or tenant's parcels must be set forth
on a plan for the entire tract prior to construction on any portion
of the tract. As development takes place in accordance with the approved
plans, changes subject to the approval of the approving authority
may be made in the plans for the undeveloped sections to accommodate
subsequent land needs in the undeveloped sections, provided that the
modifications conform to logical extensions of installed segments
of streets, drainage, utilities and other facilities and are consistent
with the intent of any restrictions imposed on the original approval.
(2)
Maximum lot coverage: 60%.
(3)
Maximum building height 60 feet, except that
no building shall exceed 20 feet unless set back from all property
lines a distance equal to five times the building height.
(4)
Maximum floor area ratio shall be 0.3. The floor
area occupied in any building or structure as a child-care center
shall be excluded in calculating the permitted density allowable for
that building or structure.
[Amended 8-14-1990 by Ord. No. 90-14]
(5)
A minimum buffer area of 50 feet shall surround the perimeter of the overall tract. An intensive buffer design will be required where abutting an existing residence per § 188-38D.
(6)
Minimum tract size: 50 acres.
(7)
Setbacks. All buildings must be set back not
less than 100 feet from all lot lines, except that no building may
be closer than 150 feet to a property line fronting on a collector
street. The minimum lot width at setback shall be 300 feet.
E.
Surface access requirements. Neither principal nor
conditional uses shall be permitted in any zone until such time as
then-proposed improvements to the off-site road infrastructure are
completed as provided in the Master Plan or until such time as the
Township Engineer and the Planning Board, by a majority vote, certify
to the Township Committee that then-current alternate surface roadways
will safely and adequately handle the projected traffic entering and
exiting the development proposed for the district, except that those
uses provided may be permitted if the developer places a pro rata
share in an escrow fund to be administered by the Township and used
for completion of off-site road improvements. Each developer's pro
rata share of the total road improvement cost will be in proportion
to the area to be developed as compared to the district as a whole.
F.
Corporate development park (CDP).
(1)
An "industrial or office park" is a total tract
comprehensively planned, designed and approved for industrial or office
uses, whether or not the buildings are erected in one development
stage or over a period of time, but where the streets, utilities and
lots and/or tenant's parcels are set forth on a plan for the entire
tract prior to construction on any portion of the tract. As development
takes place in accordance with the approved plans, changes may be
made in the plans for the undeveloped sections to accommodate subsequent
land needs in the undeveloped sections, provided that the modifications
conform to logical extensions of installed segments of streets, drainage,
utilities and other facilities and are consistent with the intent
and restrictions of the original approval.
(2)
Corporate parks in the CDZ District shall be
50 acres or more. The average lot size for the park shall not be less
than 25 acres. No lot shall be less than 10 acres. All lots in the
corporate parks shall have a minimum lot width of 175 feet, a front
yard setback of 100 feet and side and rear yard setbacks of 50 feet.
G.
Zoning Map. The Zoning Map attached to and made a
part of this chapter be and the same is hereby amended in accordance
with the revisions contained therein.[2]
[2]
Editor's Note: The Zoning Map is on file at
the Township offices. Ordinance No. 86-13 amended the Zoning Map to
rezone certain lands from GI to CDZ, GI to O5 and RA to O5.
[Added 6-13-2006 by Ord. No. 2006-19]
A.
Purpose. The purpose of the Gateway A District is
to promote land uses along Route 206, New Amwell Road and Amwell Road
next to the Town Center development area that are compatibly designed
and function as a transition between the highway and the emerging
Town Center development. The Gateway A District is delineated on the
revised zoning map referred to herein and provided as part of this
ordinance.
B.
Principal permitted uses. All uses shall be provided at a scale and size that is appropriate for the district. There may be more than one principal permitted use or structure on a lot subject to compliance with § 188-113.1C through H as contained below.
[Amended 11-12-2007 by Ord. No. 2007-38]
(1)
Retail sales of goods and personal service establishments.
[Amended 6-7-2010 by Ord. No. 2010-14]
(2)
Offices, medical centers and veterinary hospitals.
(3)
Indoor and outdoor recreation facilities, including
fitness centers, gymnasiums, tennis courts and pools.
(4)
Banks, fiduciary institutions and insurance
offices.
(5)
Business services.
(6)
Restaurants, including sit-down and carryout
as long as food and/or drink shall not be served directly to patrons
in motor vehicles.
(7)
Public playgrounds, conservation areas, parks
and other public gathering places.[1]
[1]
Editor's Note: Former Subsection B(7), regarding utilities,
was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated
former Subsection B(8) through (11) as Subsection B(7) through (10),
respectively.
(8)
Mixed used development, including the permitted
principal uses indicated above, shall be permitted where a property
located in the Gateway A District directly abuts the Town Center and
any existing residential development, such that the residential component
shall not exceed a density of four dwelling units per acre and shall
be located as a buffer between existing residential development and
commercial development in the Town Center.
(9)
Art studios, for the creation, assembly or production
of works of art including, but not limited to, paintings and sculpture;
art education and instruction; and art galleries where works of art
are exhibited to the public and sold.
[Added 10-14-2008 by Ord. No. 2008-37]
(10)
Commercial instructional activities.
[Added 10-14-2008 by Ord. No. 2008-37]
(11)
Extended care facilities.
[Added 8-8-2017 by Ord.
No. 2017-08]
C.
Accessory uses.
(1)
Street furniture such as benches, street lamps,
bicycle racks, trash receptacles, tree grates, bus shelters, landscape
planters and hanging baskets and similar items shall be provided.
The Planning Board or Board of Adjustment may require that street
furniture shall be permanently secured to the sidewalk.
(2)
All streets, alleys, sidewalks and pathways
shall connect to other streets within the same development and connect
to existing streets outside the development, as appropriate. Dead-end
streets are not permitted within any new developments unless such
condition is unavoidable, subject to the granting of a waiver as part
of Planning Board or Board of Adjustment approval.
(3)
Parking areas are required and shall be designed
to be coordinated with adjoining lots to control the number of access
points to Route 206. However, access drives may be granted temporary
approval to be removed when alternate access becomes available.
(4)
Trash and garbage collection areas which are
fully screened.
(5)
Loading areas which are fully screened.
D.
Area, yard and bulk regulations:
(1)
Minimums:
(a)
Lot area: two acres.
(b)
Lot width: 200 feet.
(c)
Lot depth: 250 feet from any proposed right-of-way
as shown on the Master Plan.
(d)
Front yard setback: The minimum front yard shall
be 10 feet.
(e)
Side yard setback: The minimum side yard shall
be five feet, unless abutting a residential zone or use, in which
case the side yard shall be 10 feet. There shall be no internal side
yard setback where multiple buildings occupy one lot.
(f)
Rear yard setback: The minimum rear yard shall
be 25 feet, unless abutting a residential zone or use, in which case
the rear yard set back shall be 50 feet.
(g)
Floor area ratio: 0.175.
[Amended 11-22-2011 by Ord. No.
2011-22]
(h)
Building height: two stories or 30 feet.
(3)
Buffer areas shall be at least 15 feet wide
and are required along all property lines abutting any residential
zone or use, around loading and trash collection points and along
street lines where residences or residential zoning is across the
street.
E.
Off-street parking requirements.
(1)
On-street parking, where provided within 500
feet of any proposed use, shall count towards the off-street required
parking.
(2)
The minimum number of required off-street parking
spaces for the permitted uses in the GA District are as follows:
(a)
Retail at 3.5 spaces per 1,000 square feet of
gross floor area.
(b)
Office, bank, fiduciary institution at three
spaces per 1,000 square feet of usable floor area.
(c)
Medical office, veterinary hospital at four
spaces per 1,000 square feet of usable floor area.
(d)
Theater, bowling alley and indoor/outdoor recreation
facility at 3.5 spaces per 1,000 square feet of gross floor area.
(e)
Business service at 3.5 spaces per 1,000 square
feet of gross floor area.
(f)
Restaurant at four spaces per 1,000 square feet
of gross floor area.
(g)
Public uses at four spaces per acre or portion
thereof.
(h)
Residential at 1.5 spaces per dwelling unit.
(i)
Extended care facilities at one space for every three beds plus
one space for each employee.
[Added 8-8-2017 by Ord.
No. 2017-08]
F.
Supplemental regulations.
(1)
Site relationships.
(b)
Building placement, orientation:
[1]
A minimum 40% of the front facade
of any new building shall be located 10 feet from the front property
line.
[2]
Buildings and site improvements
shall be designed to minimize changes to existing topography and mature
vegetation.
[3]
The primary entrance of each building
shall accommodate pedestrian access from the streets as well as from
the parking lots.
[4]
Secondary public entrances, if
provided, shall be designed in a manner consistent with primary entrances
if visible from public streets or parking lots.
(c)
Vehicular and pedestrian access.
[1]
A maximum of one curb cut shall
be allowed for lots with street frontage less than or equal to 500
feet. One pair of one-way curb cuts shall count as one curb cut.
[2]
For lots with street frontage greater
than 500 feet, one additional driveway opening per 250 feet of street
frontage shall be allowed.
[4]
Shared driveways that serve more
than one property are encouraged to be provided where deemed appropriate
by the Planning Board or Board of Adjustment. Cross access shall be
required between adjoining properties.
[5]
Pedestrian and/or bicycle connections
to the primary public entrance of the building shall be provided.
[6]
To the greatest extent possible,
all portions of the development site shall be linked via a sidewalk
and pathway network as approved by the Planning Board or Board of
Adjustment; the site shall be pedestrian-oriented, with a design that
enables and encourages pedestrian and bicycle circulation, with linkages
to surrounding areas. The applicant shall utilize the Master Plan
in developing a pedestrian and bicycle pathway network. Adequate bicycle
storage facilities shall be provided.
[7]
Where a service or commercial lane
or access drive is incorporated into the design, the Planning Board
or Board of Adjustment may further restrict the number of curb cuts.
(2)
Route 206 right-of-way. The following are specific
requirements for property fronting along Route 206:
(a)
The right-of-way shall be at least 97 feet.
An illustrative cross section is provided.[2]
[2]
Editor's Note: Illustration is included at the end of this chapter.
(b)
A minimum five-foot-wide sidewalk and ten-foot-wide
planting strip with street trees and curbing shall be provided along
Route 206 property frontage.
(c)
Future reservation should be provided for an
eight-foot-wide parallel on-street parking strip when existing Route
206 is changed in function due to the completion of the Route 206
bypass or equivalent.
(d)
Future reservation should be provided for a
six-foot-wide bike lane when existing Route 206 is changed in function
due to the completion of the Route 206 bypass or equivalent.
(3)
Landscaping.
(a)
A landscape plan shall be provided for the entire
site and shall be prepared by a licensed landscape architect.
(b)
All trees planted in front of the front building
line shall be at least three inches in diameter for single-stemmed
trees, or 10 to 12 feet in height for multistemmed trees at the time
of planting. All other trees shall be 2 1/2 inches in diameter
at the time of planting, unless otherwise provided by these standards.
(c)
Existing trees having a DBH (diameter-at-breast-height,
measured at 4 1/2 feet above ground level) over six inches shall
be preserved unless removal is approved by the Planning Board or Board
of Adjustment. If a preserved tree dies, it must be replaced with
a two-and-one-half-inch-diameter tree of the same or similar tree
species, subject to approval by the Township Planning Department.
(d)
Impervious materials shall not be placed over
the critical root zone of a preserved tree. The critical zone is a
ratio of one inch DBH to one foot radius around the tree.
(e)
All exposed soil areas shall be covered with
bark, ground cover, or other weed control measures.
(f)
A single row of canopy trees shall be planted
along property lines abutting a street at a ratio of one tree for
every 40 linear feet within a minimum ten-foot-wide planting strip.
(4)
Off-street parking site design.
(a)
Parking areas shall be designed as a series
of smaller lots that provide space for no more than 20 cars for double-sided
parking and 10 cars for single-sided parking. The small parking lots
shall be separated by minimum five-foot-wide internal planting areas
that feature trees planted in grass or other approved landscape material.
(b)
Parking areas shall be located behind or on
the side of buildings and subject to appropriate screening requirements
as provided in this section. Parking areas shall not be located between
the roadway and the fronts of buildings.
(c)
All parking areas, where visible from a public
street, shall be screened by a five-foot-high solid wall, architectural
fence and/or solid evergreen hedge.
(d)
One canopy tree shall be provided at a ratio
of one tree to every four parking spaces in the parking area.
(e)
Each parking space shall be within 50 feet of
a planted or retained tree trunk.
(f)
Where slopes over 5% exist, parking bays shall
be terraced, with planting between changes in level.
(g)
Where over 100 parking spaces are provided,
pedestrian pathways identified with smaller scale pavement (pavers
or scoring) oriented toward the principal building entrances shall
be provided.
(h)
Each separate planting area shall have a minimum
of 150 square feet per tree and shall have a minimum dimension of
at least five feet.
(i)
In addition to required trees, planting areas
shall be landscaped with shrubs, ground cover, or other approved landscaping
material not exceeding 3 1/2 feet in height.
(j)
Where parking is adjacent to a public right-of-way,
a ten-foot-wide landscape buffer shall be provided between the edge
of the right-of-way and the edge of the parking lot. In addition to
the required trees and screening, the buffer shall consist of one
of the following:
(5)
Pedestrian circulation.
(a)
Paving materials shall identify pedestrian pathways
within parking lots.
(b)
Pedestrian walkways at least five feet in width
shall be provided from public sidewalks adjoining the property to
a principal public/customer entrance.
(c)
Along facades with a public/customer entrance
and along any facade abutting public parking areas, sidewalks at least
five feet in width shall be provided along the full length of the
facade.
(6)
Decorative walls, fences and screening design.
(a)
Decorative walls and fencing may be required
by the Planning Board or Board of Adjustment to compliment the structure
style, type and design of the principal structure.
(b)
Walls and fencing are allowed only in side and
rear yards and behind the front building line, with the exception
of outdoor eating and play areas.
(c)
Walls and fencing shall be constructed of durable
high-quality materials and shall display a high quality in finish
and detail and shall be made of masonry, ornamental metal, wood, stucco,
or a combination of these materials.
(d)
Walls and fencing greater than 50 feet in length
shall have a change in plane, height, material, or material texture,
or significant landscape massing.
(e)
Planting shall be considered as part of any
wall or fence plan.
(7)
Loading, outdoor storage, and service areas.
(a)
Where these areas face adjacent residential
uses or public rights-of-way, an earthen berm, no less than six feet
in height, containing, at a minimum, evergreen trees planted at intervals
of 20 feet on center and seven evergreen shrubs per tree, shall be
provided.
(b)
No areas for outdoor storage, trash collection
or compaction, loading, or other such uses shall be located within
35 feet of any public street or public sidewalk.
(c)
Materials, colors, and design of screening walls
and/or fences shall conform to those used as predominant materials
and colors on the principal building.
(d)
Service functions shall be incorporated into
the overall design of the building and landscaping, so that they are
fully contained and out of view from adjacent properties and rights-of-way.
(e)
Truck delivery and circulation routes shall
be separated from customer circulation.
(8)
Supplemental affordable housing requirements.
(a)
For permitted nonresidential uses, a minimum
of one affordable unit is required for every 20 new jobs created,
subject to all applicable affordable housing requirements as contained
in this chapter.
(b)
For permitted residential uses, a minimum of
20% of the total dwelling units shall be affordable, subject to all
applicable affordable housing requirements as contained in this chapter.
G.
Architectural standards.[3]
(1)
General. Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements in the Architectural and Site Design Overlay Zone, as contained in §§ 188-167 to 188-175, shall apply, except as otherwise provided in the Gateway A District requirements, as indicated herein.
(2)
Requirements for establishments with drive-through
windows.
(a)
A drive-through facility shall be architecturally
integrated into the principal building.
(b)
A drive-through facility shall not be located
on the street side of the building or in front of the front building
line.
(c)
A drive-through facility shall be permitted
only at locations where such facility is not a dominant visual element
within the Gateway A District.
(d)
A drive-through facility shall be limited to
two service lanes.
(e)
A drive-through facility, accompanying driveway
and associated signage shall be set back a minimum distance of 50
feet from any land zoned for residential development.
(f)
A drive-through facility and associated signage
shall be provided with landscaping to visually enhance views of the
facility, signage and driveway as seen from the surrounding area.
(g)
A drive-through facility shall not adversely
impede or conflict with pedestrian and/or vehicular circulation in
the area.
(h)
The Planning Board or Board of Adjustment shall
be satisfied that the on-site and off-tract traffic circulation is
capable of accommodating the proposed traffic volume associated with
such facility, particularly during peak hours. The stacking driveway
for the drive-through window shall provide room for at least five
automobiles and shall be separated from any off-street parking areas
and their access aisles, loading areas or trash enclosures.
H.
Signs.
(1)
There shall be a consistent design theme throughout
the development. A unifying design theme shall include style of lettering,
method of attachment, construction, material, size, proportion, lighting,
position and day/night impacts. Color of letters and background shall
be carefully considered in relation to the color of the material of
the building(s) or where the signs are proposed to be located. Signs
shall be a subordinate rather than predominate feature of any building.
The lettering and sign shall be compatible with the architecture of
the building.
(2)
A comprehensive signage plan shall be provided
which covers overall project identification, window signage and lettering,
individual building/tenant identification, traffic regulations, pedestrian
crossing(s), street identification, parking and directional instructions.
A signage hierarchy shall be established governing the above signage
categories.
(3)
All permitted signage shall consist of the following:
(c)
Wall, canopy and awning signs.
[1]
Each permitted use may have one
wall sign, provided that the sign shall not exceed an area equal to
10% of the area of the ground floor facade or 30 square feet, whichever
is less.
[Amended 11-22-2011 by Ord. No.
2011-23]
[2]
Corner uses may have a second wall
sign, provided that such sign is located on the secondary street facade
and does not exceed an area equal to 1/2 of the area of the primary
street facade wall sign or 20 square feet, whichever is less.
[Amended 11-22-2011 by Ord. No.
2011-23]
[3]
Each permitted use may have one
canopy sign or one awning sign; however, such signs shall not exceed
an area equal to 10% of the area of the ground floor facade or 30
square feet, whichever is less, and such signs shall be located on
the valence area only.
[Amended 11-22-2011 by Ord. No.
2011-23]
[4]
Any sign hanging underneath a canopy
or awning shall not extend beyond the outer dimensions of the canopy
or awning and shall not exceed six square feet in area.
[5]
Permitted uses with an additional
public entry from a rear facade may have one additional wall sign
on such facade; however, such sign shall not exceed 10 square feet
in area.
[6]
Wall, canopy and awning signs shall
be located no higher than the bottom sills of second-story windows,
and be visible to both pedestrians and motorists.
(d)
In addition to the above signs, each developed
parcel of land may be permitted one freestanding sign for each street
frontage, with each sign not to exceed 30 square feet in area and
not to exceed eight feet in height, and shall contain the name of
the project and the street number and may contain a directory of occupants
occupying no more than 85% of the total sign area.
[1]
The street number shall not count
towards the total permitted sign area, but may not exceed three square
feet and must be within the envelope of the permitted sign.
[2]
The directory-of-occupants portion
of the freestanding sign may have the name of the project in letters
up to 16 inches high and include any number of tenant names that fit
using, at a minimum, eight-inch letters with two-inch spaces between
lines. Logos may appear on a directory-of-occupants sign.
(e)
Permanent door and window signs are permitted;
however, such signs shall not exceed a total of 20% of the glass area
of any door or window. Permitted wall signs may be painted or affixed
to windows or doors.
(f)
Temporary window signs may be located and displayed
on the inside of ground floor windows of business uses. Such signs
shall not exceed 50% of each window area and shall not be displayed
for more than a forty-five-day period of time.
(g)
Banks may display, in addition to the above
applicable signs, one wall or ground sign not exceeding four square
feet in area, indicating the availability of an automated teller machine.
(h)
Sidewalk and A-frame signs are permitted on
a sidewalk or walkway in any commercial development, but shall not
be placed in any public right-of-way or impede vehicular or pedestrian
traffic in any way. Such signs shall not exceed eight square feet
per sign face.
I.
Conditional
uses.
[Added 6-23-2009 by Ord. No. 2009-23]
(1)
Age-restricted planned development.
(a)
Minimum lot area: 15 acres.
(b)
Maximum lot area: 20 acres.
(c)
Provide for 20% COAH moderate-income, age-restricted housing,
which may also be satisfied with a fifteen-percent set-aside of qualified
moderate-income senior housing rental units.
(d)
Shall have frontage on Route 206, and it shall be adjacent to
or in proximity with existing retail development.
(e)
Must be in the GA Gateway A District.
(f)
Vehicular access and egress to and from the planned development
shall be via a street system that intersects with Route 206 at a signalized
intersection.
(g)
Maximum density: six dwelling units per net acre.
(h)
Minimum buffer to any property line: 50 feet.
(i)
Shall have at least two points of ingress and egress for pedestrians
and emergency vehicles.
(j)
Shall incorporate not less than 15 square feet of floor space
of clubhouse or community building per dwelling unit, but not less
than 1,500 square feet.
(k)
Shall have direct pedestrian linkage to retail services.
(l)
Minimum number of units: 80.
(m)
Maximum number of units: 110.
(o)
Shall include an on-site ADA-compliant network of walkways,
parking areas, and common land amenities, such as benches and gardens,
and shall follow any and all applicable architectural guidelines,
including the architectural guidelines for senior housing and/or cluster
housing in § 188:113.1G(1), Architectural standards, as
applicable.
(p)
Footnotes 1, 2, 3, 5, 7, 8, 11 and 22 of the Schedule for Residential
Zones shall apply.[5]
[5]
Editor's Note: The Schedule for Residential Zones is included at the end of this chapter.
(q)
Through its corporation, association or owners, said age-restricted
planned development shall be restricted by bylaws, rules, regulations
and/or restrictions of record to use by permanent residents 55 years
of age or older pursuant to the Federal Fair Housing Act (42 U.S.C.
§ 3607), with the exception that a husband or wife under
the age of 50 years may reside with his/her spouse who is 55 years
of age or older.
J.
Multifamily
Inclusionary Overlay District.
[Added 12-12-2017 by Ord.
No. 2017-20]
(1)
Purpose, applicability, and affordable housing obligation.
(a)
The purpose of the Multifamily Inclusionary Overlay District
is to provide an incentive for the construction of affordable multifamily
housing in the Gateway A District. The standards are intended to offer
maximum flexibility for site design and selection of dwelling unit
types in order to offer a balanced housing pattern attractive to all
income and age segments of the community as part of the Township's
fair share housing plan for meeting the region's low- and moderate-income
housing needs.
(b)
This overlay district applies to the following properties: Block
200.01; Lots 4, 5 and 6 on the Hillsborough Township Tax Map, which
must be planned and developed as a single tract to qualify for the
overlay option. For the purposes of this section, a "tract" is defined
as an area of land comprised of one or more adjacent lots which together
have sufficient dimension and area to make one parcel of land meeting
the requirements of this section for the uses intended.
(c)
A minimum of 24% of the total number of residential units shall be low- and moderate-income units in accordance with applicable affordable housing regulations, including but not limited to Article VII of this chapter, but in no case shall there be less than 31 low- and moderate-income units provided on the tract, regardless of the total number of units constructed.
(2)
Permitted principal uses in the overlay district: multifamily
residential buildings.
(3)
Permitted accessory uses in the overlay district.
(4)
Tract requirements. The minimum tract size shall be 9.3 acres
with a minimum of 430 feet of frontage on Amwell Road.
(5)
Yard and bulk requirements for multifamily buildings.
(a)
Minimum lot size: 9.3 acres.
(b)
Minimum lot frontage: 430 feet on Amwell Road.
(c)
Minimum lot width: 430 feet.
(d)
Minimum lot depth: 945 feet.
(e)
Minimum front yard setback: 80 feet from Amwell Road; 100 feet
from Steinmetz Road.
(f)
Minimum side yard setback: 20 feet from tract or lot boundary.
(g)
Maximum total impervious coverage: 60%.
(i)
Maximum building length: 220 feet (see supplemental regulations
regarding building length).
(j)
Minimum building-to-building distance requirements: 25 feet,
except for accessory structures/buildings.
(6)
Maximum residential units. The total number of dwelling units
on the tract shall not exceed 126 units.
(8)
Signs. The tract in question may have one permanent entry sign with a maximum area of 20 square feet and shall not exceed a height of six feet. The permanent sign shall be located near the entrance drive but shall not be located within any sight triangles nor closer than 10 feet from a public right-of-way or within any sight triangles. The sign shall otherwise meet the requirements of §§ 188-113.1H and 188-83.
(9)
Supplemental regulations.
(a)
To the extent that the regulations contained herein conflict
with any other portion of the Zoning Ordinance, the regulations herein
shall control any development in this overlay district.
(b)
Buildings and site improvements shall be designed to minimize
changes to existing topography and mature vegetation to the extent
reasonably appropriate. A landscape plan shall be provided for the
entire site and shall be prepared by a licensed landscape architect.
(c)
Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements contained in §§ 188-167 to 188-175 of the Architectural and Site Design (ASD) Overlay Zone shall apply, except as otherwise provided in the Gateway A District or this subsection. In addition, residential buildings in this overlay district may exceed the 100-foot maximum wall length established in § 188-175.B(5) of the ASDO if it can be demonstrated that the appropriate design features have been employed to modulate the facade to give the appearance of several buildings and otherwise comply with that section.
(d)
No rear walls or blank walls shall face Amwell Road.
(e)
There shall be a minimum twenty-foot buffer adjacent to any
residential district or existing residential use. Such buffer shall
be reviewed by the proper approving board to determine if the existing
vegetation provides a sufficient year-round screen or if the existing
vegetation needs to be enhanced by additional plantings and/or a fence
or berm. Once all screening/landscaping improvements are completed,
a conservation easement shall be established by the applicant for
the buffer area.
(f)
Fencing may be included on the perimeter of the tract, or within
the tract, provided the fencing is of an architecturally compatible
design and consistent throughout the tract. Solid fences are prohibited.
No fence shall exceed a height of five feet above finished grade.
No fencing is permitted closer to the street than the front-most building
wall on the tract.
(g)
An internal pedestrian circulation system shall be provided in accordance with § 188-113.1F(1)(c)[5] and [6]. Appropriate sidewalks, pavement treatments, crosswalks, and signage shall be provided. A pedestrian walkway at least five feet in width shall connect the internal pedestrian system to the public sidewalk along Amwell Road.
(h)
To the extent feasible, opportunities for future pedestrian,
bicycle, and vehicular cross-access to adjoining commercial properties
should be designed into the project. Shared driveways that serve more
than one property may be provided where deemed appropriate by the
applicable Board.
(i)
There is no floor area ratio requirement in the overlay district.
(j)
Any phasing of the project shall be subject to approval of a
phasing plan by the applicable Board submitted with the site plan
application.
K.
Mixed-Use
Inclusionary Overly District.
[Added 5-28-2019 by Ord. No. 2019-10]
(1)
Purpose, applicability, and affordable housing obligation.
(a)
The purpose of the Mixed-Use Inclusionary Overlay District is
to provide an incentive for the construction of affordable multifamily
housing in the Gateway A District in concert with new and existing
commercial uses. The standards are intended to offer maximum flexibility
for site design and selection of dwelling unit types in order to offer
a balanced housing pattern attractive to all income and age segments
of the community as part of the Township's fair share housing plan
for meeting the region's low- and moderate-income housing needs.
(b)
This overlay district applies to the following properties: Block
155.01, Lots 66 and 67, on the Hillsborough Township Tax Map, which
must be planned and developed as a single tract to qualify for the
overlay option. For the purposes of this section, a "tract" is defined
as an area of land comprised of one or more adjacent lots which together
have sufficient dimension and area to make one parcel of land meeting
the requirements of this section for the uses intended.
(c)
A minimum of 24% of the total number of residential units shall be low- and moderate-income units in accordance with applicable affordable housing regulations, including but not limited to Article VII of this chapter; but in no case shall there be fewer than 29 low- and moderate-income units provided on the tract regardless of the total number of units constructed.
(2)
Permitted principal uses in the overlay district. In addition
to principal uses permitted in the underlying GA District, single-use
multifamily dwellings and drive-through restaurants may be constructed
as part of a planned mixed-use inclusionary development on a single
tract in accordance with the standards provided herein.
(3)
Permitted accessory uses and structures in the overlay district.
In addition to accessory uses and structures permitted in the underlying
GA District, garages, storage sheds, maintenance offices, property
management offices, and noncommercial community recreational facilities
associated with residential communities shall be permitted.
(4)
Tract requirements. The minimum tract size shall be 10 acres.
The tract may be subdivided into no more than two lots.
(5)
(6)
Maximum residential units and minimum commercial square footage.
(a)
The total number of dwelling units on the tract shall not exceed 118 units inclusive of the affordable housing obligation in § 188-113.1K(1)(c).
(b)
The combined tenantable commercial space on the tract shall
be maintained at no less than 50,000 square feet.
(7)
Additional requirements for single-use multifamily buildings.
(a)
Multifamily buildings shall be located to the rear of or in
line with an existing mixed-use or retail/commercial building on the
tract, regardless of the existing front yard setback. In no case shall
a single-use multifamily building front on Route 206.
(b)
Multifamily buildings shall be designed as an integral component
of the overall development with pedestrian connections such as sidewalks,
plazas, and enhanced crosswalks providing direct access to the commercial
uses on the tract.
(c)
Multifamily buildings shall be appropriately screened from nonresidential
service areas, including but not limited to loading and trash collection
areas.
(8)
Additional requirements for drive-through restaurants.
(a)
Exterior building design shall be coordinated with other commercial
buildings on the tract with regard to color, types of materials, architectural
form, and detailing, creating a cohesive relationship among the buildings.
The drive-through facility shall not represent the dominant visual
element on the tract.
(b)
A drive-through service window shall not be located on the street
side of the building.
(c)
A drive-through facility shall be limited to one service lane
and one bypass lane.
(d)
A drive-through service window shall be set back a minimum distance of 50 feet from the property line of any adjoining residential use or zone. The accompanying service and bypass lanes shall not encroach on any required buffers, including but not limited to the buffers required in Subsection K(10)(e) below.
(e)
A drive-through facility shall not adversely impede or conflict
with pedestrian and/or vehicular circulation on the tract.
(f)
The Planning Board or Board of Adjustment shall be satisfied
that the on-site and off-tract traffic circulation is capable of accommodating
the proposed traffic volume associated with such facility, particularly
during peak hours. The stacking driveway for the drive-through window
shall provide room for at least five automobiles and shall be separated
from any off-street parking areas and their access aisles, loading
areas or trash enclosures.
(9)
Parking requirements.
(a)
Residential parking shall be provided in accordance with the
Residential Site Improvement Standards (RSIS).
(b)
Commercial parking shall be provided in accordance with § 188-113.1E(2).
(10)
Supplemental regulations.
(a)
To the extent that the regulations contained herein conflict
with any other portion of the Zoning Ordinance, the regulations herein
shall control any development in this overlay district.
(b)
A landscape plan prepared by a licensed landscape architect
shall be provided for the entire tract.
(c)
Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements contained in §§ 188-167 to 188-175 of the Architectural and Site Design (ASD) Overlay Zone shall apply, except as otherwise provided in the Gateway A District or this subsection. In addition, residential buildings in this overlay district may exceed the 100-foot maximum wall length established in § 188-175B(5) of the ASDO if it can be demonstrated that the appropriate design features have been employed to modulate the facade to give the appearance of several buildings and otherwise comply with that section.
(d)
No rear walls or blank walls shall face a public right-of-way.
(e)
There shall be a minimum twenty-foot buffer adjacent to any
residential district or existing residential use. The buffer may be
reduced to 10 feet when abutting a parking lot. Such buffer shall
be reviewed by the proper approving board to determine if the existing
vegetation provides a sufficient year-round screen or if the existing
vegetation needs to be enhanced by additional plantings and/or a fence
or berm. Once all screening/landscaping improvements are completed,
a conservation easement shall be established by the applicant for
the buffer area.
(f)
Walls and fencing may be included on the perimeter of the tract, or within the tract, in accordance with § 188-113.1F(6) with the following exceptions. Solid fences are prohibited except where used to screen a parking lot from an abutting residential use or zone or to screen a trash enclosure. No fence or wall shall exceed a height of five feet above finished grade unless it is abutting a residential use or zone, or screening a trash enclosure, in which case the maximum height shall be six feet.
(g)
An internal pedestrian circulation system shall be provided in accordance with § 188-113.1F, and appropriate sidewalks, pavement treatments, crosswalks, and signage shall be provided. A pedestrian walkway at least five feet in width shall connect the internal pedestrian system to a public sidewalk along Andria Avenue.
(h)
Any phasing of the project shall be subject to approval of a
phasing plan by the applicable board submitted with the site plan
application. The required commercial space shall be included in the
first phase of the development on the tract.
[Added 6-13-2006 by Ord. No. 2006-19]
A.
Purpose. The purpose of the GB Gateway B District
is to establish a transition zone between the Gateway A District and
adjacent areas along major roads. The essence of this district is
to save existing residential structures, allow new structures and
uses that have a residential look and are compatible with adjoining
residential uses, and to create a linear entry zone set in a heavily
street-treed, medianed boulevard. The Gateway B District is delineated
on the revised zoning map referred to herein and provided as part
of this ordinance.
B.
Principal permitted uses. All uses shall be provided at a scale and size that is appropriate for the district. There may be more than one principal permitted use or structure on a lot subject to compliance with Subsections C through H as contained below.
[Amended 11-12-2007 by Ord. No. 2007-38]
(1)
Single-family detached dwellings.
(2)
Offices, medical centers and veterinary hospitals.
(3)
Theaters, bowling alleys, indoor and outdoor
recreation uses, including gymnasiums, tennis courts and pools.
(4)
Banks, fiduciary institutions, financial and
insurance offices.
(5)
Business services.
(6)
Conversion of existing residential structures
to permitted nonresidential uses, subject to site plan review and
the following requirements:
(a)
The conversion of an existing residential structure
shall only be permitted where the character of the existing structure
is maintained and where all off-street parking and other requirements
contained in this section are met.
(b)
There shall be no physical evidence of said
nonresidential use from the exterior of the building.
(c)
The remodeling of any residential building in
order to create an impression of business activity is prohibited.
(d)
A freestanding sign shall be subject to § 188-83J(5).
(e)
At the time of site plan review, placement of
an access drive shall be determined so as to allow for a future common
drive with an adjacent parcel at one side yard. In addition, reservation
of an access easement to allow for such a possibility at the opposite
side yard may be required. Similarly, depending on lot configuration,
rear yard cross-easements to permit for interconnection of parking
areas may be required.
(f)
No parking shall be permitted in the existing
front yard of the dwelling.
(g)
Rear and side yards shall be a minimum of 10
feet with adequate landscaping and/or screening to shield parking
areas from adjoining lots.
(h)
There shall be no minimum lot size on which
a conversion may be permitted, however, no lot existing at the time
of adoption of this amendment on which a conversion is subsequently
proposed shall be further reduced in size.
(8)
Live/work dwelling units.
(9)
Bed-and-breakfast establishments, including
restaurants.
(10)
Child-care and adult day-care centers. Child-care
and adult day-care centers shall be subject to site plan approval.
Site plan approval is also required where the original site plan does
not anticipate use of all or a part of the premises as a child-care
or adult day-care center but such use subsequently occurs. No building
permit shall be issued for modification of all or part of the premises
for use as a child-care or adult day-care center until revised site
plan approval has been obtained from the Planning Board or Board of
Adjustment, as appropriate.
[Amended 9-22-2009 by Ord. No. 2009-31]
(11)
Public playgrounds, conservation areas, parks
and other public gathering places.[1]
[1]
Editor's Note: Former Subsection B(11), regarding utilities,
was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated
former Subsection B(12) through (16) as Subsection B(11) through (15),
respectively.
(12)
Art studios, for the creation, assembly or production
of works of art including, but not limited to, paintings and sculpture;
art education and instruction; and art galleries where works of art
are exhibited to the public and sold.
[Added 10-14-2008 by Ord. No. 2008-37]
(13)
Commercial instructional activities.
[Added 10-14-2008 by Ord. No. 2008-37]
(14)
Personal service establishments.
[Added 6-7-2010 by Ord. No. 2010-14]
(15)
Freestanding restaurants and restaurants located in multi-use buildings,
not including drive-through facilities.
[Added 12-18-2012 by Ord. No. 2012-28]
C.
Accessory uses.
(1)
Street furniture such as benches, street lamps,
bicycle racks, trash receptacles, tree grates, bus stops, landscape
planters and hanging baskets and similar items shall be provided.
The Planning Board or Board of Adjustment may require that street
furniture shall be permanently secured to the sidewalk.
(2)
All streets, alleys, sidewalks and pathways
shall connect to other streets within the same development and connect
to existing streets outside the development, as appropriate. Dead-end
streets are generally not permitted within any new developments unless
such condition is unavoidable, subject to Planning Board or Board
of Adjustment approval.
(3)
Parking areas are required and shall be designed
to be coordinated and have access with adjoining lots to control the
number of access points to Route 206. However, access drives may be
granted temporary approval, to be removed when alternate access becomes
available.
(4)
Trash and garbage collection areas which are
fully screened.
(5)
Loading areas which are fully screened.
D.
Area, yard and bulk regulations.
(1)
Minimums.
(a)
Lot area: two acres.
(b)
Lot width: 200 feet.
(c)
Lot depth: 250 feet from any proposed right-of-way
as shown on the Master Plan.
(d)
Front yard: The minimum front yard shall be
50 feet.
(e)
Side yard: The minimum side yard shall be 20
feet. There shall be no internal side yard setback where multiple
buildings occur on one lot.
(f)
Rear yard: 75 feet.
(3)
Buffer areas shall be at least fifteen-feet-wide
and are required along all property lines abutting any residential
district, around loading and trash collection points and along street
lines where residences or residential zoning is across the street.
E.
Off-street parking requirements.
(1)
The minimum number of required off-street parking
spaces for the permitted uses in the GB District are as follows:
(a)
Office, bank, fiduciary institution, insurance
office at three spaces per 1,000 square feet of usable floor area.
(b)
Medical office, veterinary hospital at four
spaces per 1,000 square feet of usable floor area.
(c)
Indoor/outdoor recreation facility at 3.5 spaces
per 1,000 square feet of gross floor area.
(d)
Business service at 3.5 spaces per 1,000 square
feet of gross floor area.
(e)
Home occupation at two spaces per dwelling plus
two spaces per employee.
(f)
Bed-and-breakfast establishment at one space
per guest room plus one space per employee plus four spaces per 1,000
square feet of gross floor area for any restaurant.
(g)
Live/work dwelling unit at two spaces per dwelling
plus two spaces per employee.
(h)
Child-care center at one space per employee
plus one space per 10 children enrolled.
(i)
Public uses at four spaces per acre or portion
thereof.
(j)
Residential at two spaces per dwelling unit.
F.
Supplemental regulations.
(1)
Site relationships.
(b)
Building placement, orientation:
[1]
A minimum of 40% of the front facade
shall be located 50 to 65 feet from the front property line.
[2]
Buildings and site improvements
shall be designed to minimize changes to existing topography and mature
vegetation.
[3]
The primary entrance of each building
shall accommodate pedestrian access from the streets as well as from
the parking lots.
[4]
Secondary public entrances, if
provided, shall be designed in a manner consistent with primary entrances
if visible from public streets or parking lots.
(c)
Vehicular and pedestrian access.
[1]
A maximum of one curb cut shall
be allowed for lots with street frontage less than or equal to 500
feet. One pair of one-way curb cuts shall count as one curb cut.
[2]
For lots with street frontage greater
than 500 feet, one additional driveway opening per 250 feet of street
frontage shall be allowed.
[4]
Shared driveways that serve more
than one property are encouraged to be provided where deemed appropriate
by the Planning Board or Board of Adjustment. Cross access shall be
required between adjoining properties.
[5]
Bicycle connections to the primary
public entrance of the building shall be provided where a public sidewalk
or bikeway is adjacent to property.
[6]
To the greatest extent possible,
all portions of the development site shall be linked via a sidewalk
and pathway network as approved by the Planning Board or Board of
Adjustment; the site shall be pedestrian-oriented, with a design that
enables and encourages pedestrian and bicycle circulation, with linkages
to surrounding areas. The applicant shall utilize the Master Plan
in developing a pedestrian and bicycle pathway network. Adequate bicycle
storage facilities shall be provided.
(2)
Route 206 right-of-way. The following are specific
requirements for property fronting along Route 206:
(a)
The right-of-way shall be at least 86 feet.
An illustrative cross section is provided.
(b)
A five-foot-wide sidewalk and ten-foot-wide
planting strip with street trees and curbing shall be provided along
property frontage.
(c)
On-street parking is prohibited.
(d)
Future reservation should be provided for a
six-foot-wide bike lane when existing Route 206 is changed in function
due to the completion of the Route 206 bypass or equivalent.
(e)
Twenty-foot-wide curbed grass medians with left
turn lanes shall be provided for at each major intersection.
(3)
Landscaping.
(a)
A landscape plan shall be provided for the entire
site and shall be prepared by a licensed landscape architect.
(b)
All trees planted in front of the front building
line shall be at least three inches in diameter for single-stemmed
trees, or ten to twelve feet in height for multistemmed trees at the
time of planting. All other trees shall be 2 1/2 inches in diameter
at the time of planting, unless otherwise provided by these standards.
(c)
Existing trees having a DBH (diameter-at-breast-height,
measured at 4 1/2 feet above ground level) over six inches shall
be preserved unless removal is approved by the Planning Board or Board
of Adjustment. If a preserved tree dies, it must be replaced with
a two-and-one-half-inch-diameter tree of the same or similar tree
species, subject to approval by the Township Planning Department.
(d)
Impervious materials shall not be placed over
the critical root zone of a preserved tree. The critical zone is a
ratio of one inch DBH to one-foot radius around the tree.
(e)
All exposed soil areas shall be covered with
bark, mulch, or other weed control measures.
(f)
A double row of canopy trees shall be planted
along property lines abutting a street at a ratio of one tree for
every 40 linear feet within a minimum ten-foot-wide planting strip.
(g)
Canopy trees shall be planted within the front
yard setback area.
(4)
Off-street parking site design.
(a)
Parking areas shall be designed as a series
of smaller lots that provide space for no more than 20 cars for double-sided
parking and 10 cars for single-sided parking. The small parking lots
shall be separated by minimum five-foot-wide internal planting areas
that feature trees planted in grass or other approved landscape material.
(b)
Parking areas shall be located behind the front
yard setback line and not in front of the buildings.
(c)
All parking areas, where visible from a public
street, shall be screened by a five-foot-high solid wall, architectural
fence and/or solid evergreen hedge.
(d)
One canopy tree shall be provided at a ratio
of one tree to every four parking spaces in the parking area.
(e)
Each parking space shall be within 50 feet of
a planted or retained tree trunk.
(f)
Where slopes over 5% exist, parking bays shall
be terraced, with planting between changes in level.
(g)
Where over 100 parking spaces are provided,
pedestrian pathways identified with smaller scale pavement (pavers
or scoring) oriented toward the principal building entrances shall
be provided.
(h)
Each separate planting area shall have a minimum
of 150 square feet per tree and shall have a minimum dimension of
at least five feet.
(i)
In addition to required trees, planting areas
shall be landscaped with shrubs, ground cover, or other approved landscaping
material not exceeding 3 1/2 feet in height.
(j)
Where parking is adjacent to a public right-of-way,
a ten-foot-wide landscape buffer shall be provided between the edge
of the right-of-way and the edge of the parking lot. In addition to
the required trees, the buffer shall consist of one of the following:
(5)
Pedestrian circulation in parking lots.
(a)
Paving materials shall identify pedestrian pathways
within parking lots.
(b)
Pedestrian walkways at least five feet in width
shall be provided from public sidewalks, adjoining the property to
a principal public/customer entrance.
(c)
Along facades with a public/customer entrance
and along any facade abutting public parking areas, sidewalks at least
five feet in width shall be provided along the full length of the
facade.
(6)
Decorative walls, fences and screening design.
(a)
Decorative walls and fencing may be required
by the Planning Board or Board of Adjustment to complement the structure
style, type and design of the principal structure.
(b)
Walls and fencing are allowed only in side and
rear yards and behind the front building line, with the exception
of outdoor eating and play areas.
(c)
Walls and fencing shall be constructed of durable
high-quality materials and shall display a high quality in finish
and detail, and shall be made of masonry, ornamental metal, wood,
stucco, or a combination of these materials.
(d)
Walls and fencing greater than 50 feet in length
shall have a change in plane, height, material, or material texture,
or significant landscape massing.
(e)
Planting shall be considered as part of any
wall or fence plan.
(7)
Loading, outdoor storage, and service areas.
(a)
Where these areas face adjacent residential
uses or public rights-of-way, an earthen berm, no less than six feet
in height, containing, at a minimum, evergreen trees planted at intervals
of 20 feet on center and seven evergreen shrubs per tree, shall be
provided.
(b)
No areas for outdoor storage, trash collection
or compaction, loading, or other such uses shall be located within
35 feet of any public street or public sidewalk.
(c)
Materials, colors, and design of screening walls
and/or fences shall conform to those used as predominant materials
and colors on the principal building.
(d)
Service functions shall be incorporated into
the overall design of the building and landscaping, so that they are
fully contained and out of view from adjacent properties and rights-of-way.
(e)
Truck delivery and circulation routes shall
be separated from customer circulation where possible.
(8)
Supplemental affordable housing requirements.
(a)
Residential. For permitted residential uses,
a minimum of 15% of the total dwelling units constructed must be affordable
subject to the applicable affordable housing requirements contained
in this chapter.
(b)
Nonresidential. For permitted nonresidential
uses, a minimum of one affordable unit must be provided for every
20 new jobs created subject to the applicable affordable housing requirements
as contained in this chapter.
G.
Architectural standards.
(1)
General. Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements in the Architectural and Site Design Overlay Zone, as contained in §§ 188-167 to 188-175.12 shall apply, except as otherwise provided in the GB District requirements, as indicated herein.
(2)
Requirements for establishments with drive-through
windows.
(a)
A drive-through facility shall be architecturally
integrated into the principal building.
(b)
A drive-through facility shall not be located
on the street side of the building or in front of the front building
line.
(c)
A drive-through facility shall be permitted
only at locations where such facility is not a dominant visual element
with the Gateway B District.
(d)
A drive-through facility shall be limited to
two service lanes.
(e)
A drive-through facility, accompanying driveway
and associated signage shall be set back a minimum distance of 50
feet from any land zoned for residential development.
(f)
A drive-through facility and associated signage
shall be provided with landscaping to visually enhance views of the
facility, signage and driveway as seen from the surrounding area.
(g)
A drive-through facility shall not adversely
impede or conflict with pedestrian and/or vehicular circulation in
the area.
(h)
The Planning Board or Board of Adjustment shall
be satisfied that the on-site and off-tract traffic circulation is
capable of accommodating the proposed traffic volume associated with
such facility, particularly during peak hours. The stacking driveway
for the drive-through window shall provide room for at least five
automobiles and shall be separated from any off-street parking areas
and their access aisles, loading areas or trash enclosures.
H.
Signs.
(1)
There shall be a consistent design theme throughout
the development. A unifying design theme shall include style of lettering,
method of attachment, construction, material, size, proportion, lighting,
position and day/night impacts. Color of letters and background shall
be carefully considered in relation to the color of the material of
the building(s) or where the signs are proposed to be located. Signs
shall be a subordinate rather than predominate feature of any building.
The lettering and sign shall be compatible with the architecture of
the building.
(2)
A comprehensive signage plan shall be provided
which covers overall project identification, window signage and lettering,
individual building/tenant identification, traffic regulations, pedestrian
crossing(s), street identification, parking and directional instructions.
A signage hierarchy shall be established governing the above signage
categories.
(3)
All permitted signage shall consist of the following:
(c)
Wall, canopy and awning signs.
[1]
Each permitted use may have one
wall sign, provided that the sign shall not exceed an area equal to
10% of the area of the ground floor facade or 30 square feet, whichever
is less.
[Amended 11-22-2011 by Ord. No.
2011-23]
[2]
Corner uses may have a second wall
sign, provided that such sign is located on the secondary street facade
and does not exceed an area equal to 1/2 of the area of the primary
street facade wall sign or 20 square feet, whichever is less.
[Amended 11-22-2011 by Ord. No.
2011-23]
[3]
Each permitted use may have one
canopy sign or one awning sign, however, such signs shall not exceed
an area equal to 10% of the area of the ground floor facade or 30
square feet, whichever is less, and such signs shall be located on
the valence area only.
[Amended 11-22-2011 by Ord. No.
2011-23]
[4]
Any sign hanging underneath a canopy
or awning shall not extend beyond the outer dimensions of the canopy
or awning and shall not exceed six square feet in area.
[5]
Permitted uses with an additional
public entry from a rear facade may have one additional wall sign
on such facade; however, such sign shall not exceed 10 square feet
in area.
[6]
Wall, canopy and awning signs shall
be located no higher than the bottom sills of second-story windows,
and be visible to both pedestrians and motorists.
(d)
In addition to the above signs, each developed
parcel of land may be permitted one freestanding sign for each street
frontage, with each sign not to exceed 30 square feet in area and
not to exceed eight feet in height, and shall contain the name of
the project and the street number and may contain a directory of occupants
occupying no more than 85% of the total sign area.
[1]
The street number shall not count
towards the total permitted sign area, but may not exceed three square
feet and must be within the envelope of the permitted sign.
[2]
The directory-of-occupants portion
of the freestanding sign may have the name of the project in letters
up to 16 inches high and include any number of tenant names that fit
using, at a minimum, eight-inch letters with two-inch spaces between
lines. Logos may appear on a directory-of-occupants sign.
(e)
Permanent door and window signs are permitted;
however, such signs shall not exceed a total of 20% of the glass area
of any door or window. Permitted wall signs may be painted or affixed
to windows or doors.
(f)
Temporary window signs may be located and displayed
on the inside of ground floor windows of business uses. Such signs
shall not exceed 50% of each window area and shall not be displayed
for more than a forty-five-day period of time.
(g)
Banks may display, in addition to the above
applicable signs, one wall or ground sign not exceeding four square
feet in area, indicating the availability of an automated teller machine.
(h)
Sidewalk and A-frame signs are permitted on
a sidewalk or walkway in any commercial development, but shall not
be placed in any public right-of-way or impede vehicular or pedestrian
traffic in any way. Such signs shall not exceed eight square feet
per sign face.
(i)
Movie theaters may display, in addition to the
above applicable signs, one marquee sign attached to the front building
facade and not exceeding 100 square feet in area.
[Added 6-24-2008 by Ord. No. 2008-20]
A.
Purpose. The purpose of the HS Highway Service District
is to create a special land use transition into and out of both the
gateway and town center development areas of the Township along Route
206. The district defines how the land will be developed and redeveloped
in an attractive manner. The essence of this district is to create
offices and other compatible uses of a modest employment nature along
portions of Route 206 and to provide planned mixed-use development
and for home occupations. Strip retail and uses with extensive lighting,
signage and traffic requirements are not intended in this district.
The Highway Service District is delineated on the revised zoning map
referred to herein and provided as part of this section.[1]
[1]
Editor's Note: Said map is on file in the
Township offices.
B.
Permitted principal uses. All uses shall be provided at a scale and size that is appropriate for the district. There may be more than one permitted principal use or structure on a lot subject to compliance with Subsections C through I below.
(1)
Offices, including medical offices and veterinary
hospitals.
(2)
Fiduciary institutions.
(3)
Business services.
(4)
Restaurants, including sit-down and carryout,
provided food and/or drink shall not be served to patrons in drive-through
facilities.
(5)
Conversion of existing residential structures
to permitted nonresidential uses, subject to site plan review and
the following special requirements:
(b)
A freestanding sign shall be subject to the provisions contained in § 188-83J(5).
(c)
At the time of site plan review, depending on
lot configuration, placement of an access drive shall be located to
allow for a future common drive with an adjacent parcel at one side
yard. In addition, reservation of an access easement to allow for
such a possibility at the opposite side yard may be required. Similarly,
depending on lot configuration, rear yard cross easements to permit
for interconnection of parking areas may be required.
(d)
No parking shall be permitted in the existing
front yard of the dwelling.
(f)
There shall be no minimum lot size on which
a conversion of the existing residential structure to a permitted
nonresidential use may be permitted, however, no lot existing at the
time of adoption of this amendment, on which such conversion is subsequently
proposed, shall be further reduced in size.
(7)
Bed-and-breakfast establishments, which may
include a restaurant.
(8)
Child-care and adult day-care centers. Child-care
and adult day-care centers shall be subject to site plan approval.
Site plan approval is also required where the original site plan does
not anticipate use of all or a part of the premises as a child-care
or adult day-care center but such use subsequently occurs. No building
permit shall be issued for modification of all or part of the premises
for use as a child-care or adult day-care center until revised site
plan approval has been obtained from the Planning Board or Board of
Adjustment, as appropriate.
[Amended 9-22-2009 by Ord. No. 2009-31]
(9)
Public playgrounds, conservation areas, parks
and other public gathering places.[3]
[3]
Editor's Note: Former Subsection B(9), regarding utilities,
was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated
former Subsection B(10) through (18) as Subsection B(9) through (17),
respectively.
(10)
Mortuaries.
(11)
Commercial instructional activities.
(12)
Garden centers or plant nurseries.
(13)
Performing arts and cultural facilities, including
museums, galleries and studios for creating, teaching, display and
sale of art-related products.
(14)
Public and semipublic facilities for the purpose
of conducting meetings and related activities in support of the organization.
(15)
Single-family detached dwellings.
(16)
Personal service establishments.
[Added 6-7-2010 by Ord. No. 2010-14]
(17)
Live/work dwelling units.
[Added 6-22-2010 by Ord. No. 2010-17]
C.
Permitted accessory uses and structures.
(2)
Uses customarily associated with the above permitted
uses in a planned mixed-use development, provided that such accessory
uses are subordinate to the principal use, do not change the character
of the principal use and serve only the principal use.
(a)
Utility facilities, such as transformers and
pumping stations, required to provide the direct service of the utility
to a mixed-use development.
(b)
Storage and maintenance facilities are to be
utilized by the permitted nonresidential uses and by the residents
and any homeowners' association for the purpose of proper maintenance
of the community. Additional storage and maintenance facilities are
to be utilized by the owner of any multifamily dwelling units for
the purpose of proper maintenance. No outside storage trailers or
bins are permitted.
(c)
Decks, patios, porches and retaining walls set
back at least five feet from front lot line and not to exceed six
feet in height. These site features shall be uniform in size and materials
and complement the architectural style and design of the dwelling
units and the overall project design.
(d)
Where appropriate, entrance gatehouses, provided
such structures are located along entrance roadways to the property,
are located outside of any required site triangles, and are designed
to complement the architectural style and design of the dwelling units
and the overall project design.
(e)
Recreational or community facilities to be provided
at a minimum of 2.5 acres per 100 dwelling units, or fraction thereof,
for the collective use of the residents and their guests may include,
but not be limited to, the following: swimming pools, tennis or other
sport courts, clubhouses, sitting or picnic areas, walking, cycling
or exercise trails and other appropriate active and passive recreational
facilities. This does not include stormwater facilities or critical
areas.
(3)
Street furniture such as benches, streetlamps,
bicycle racks, trash receptacles, tree grates, bus stops, landscape
planters and hanging baskets and the like shall be provided, as appropriate.
(4)
All streets, alleys and sidewalks and pathways
shall connect to other streets within the same development and connect
to existing streets outside the development, as appropriate. Dead-end
streets are generally not permitted within any new developments unless
such condition is unavoidable, subject to Planning Board or Board
of Adjustment approval.
(5)
Parking areas are required and shall be designed
to be coordinated and have access with adjoining lots to control the
number of access points to Route 206. Toward this goal, access drives
may be granted temporary approval to be removed when alternate access
becomes available in the future.
(6)
Trash and garbage collection areas which are
fully screened.
(7)
Loading areas which are fully screened.
D.
Conditional uses.
(1)
Planned mixed-use developments, subject to the required transfer of residential development potential, which is a form of noncontiguous clustering, from properties in the AG, Agricultural Zoning District, the MZ, Mountain Zoning District, the CDZ, Corporate Development Zoning District, and farmland-assessed properties in other residential districts, and which meet the requirements as provided in Subsection D(1)(b)[3] below, to sites incorporating residential development in the HS Highway Service District, and subject to the following requirements:
(a)
Permitted uses in planned mixed-use developments
shall consist of residential dwellings, and at least one of the nonresidential
components, as permitted below:
[1]
Residential dwellings as provided
in this section.
[2]
Offices, retail sales of goods
and services that do not incorporate drive-through facilities, and
restaurants that do not incorporate drive-through facilities, limited
to a maximum of 12,000 square feet of gross floor area for each 100
residential dwellings provided or any portion thereof.
[3]
Hotels.
[4]
Mixed-use buildings, incorporating
office and/or retail sales of goods and services and/or restaurants
on the first floor and residential dwellings on the second floor,
subject to the provisions contained in § 113.1D(1)(a) through
(d).
(b)
Transfer of residential development potential from the AG, MZ and CDZ Districts, as well as farmland-assessed property in other residential districts which meet the requirements, as provided in Subsection D(1)(b)[3] below. The transfer of residential development potential is intended to provide an opportunity to create residential development potential that advances the goals of resource conservation and protection in the Township, while supporting the goals and policies of the Master Plan, subject to the following requirements:
[1]
Residential dwellings shall only be permitted on a one-for-one basis from residential development potential transferred from a property or properties in the AG, MZ and CDZ Districts or farmland-assessed property in other residential districts which meet the requirements contained in Subsection D(1)(b)[3] below.
[2]
The development tract (receiving
tract) on which the planned mixed-use development is proposed shall
be joined in a single application with the preservation tract(s) [sending
area(s)].
[3]
Allocation of standards for the
transfer of residential development potential to planned mixed-use
developments are as follows:
[a]
Land in the AG District is allocated
one dwelling unit per 6.25 acres.
[b]
Land in the MZ District is allocated
one dwelling unit per 15 acres.
[c]
Farmland-assessed property in other
residential districts which exceed 20 acres is allocated one dwelling
unit per two acres.
[d]
Although the CDZ District does
not permit residential development, the development potential that
exists can be reallocated at a density of one dwelling unit per 6.25
acres.
[4]
The owner of the land from which
residential development potential has been obtained shall deed restrict
the use of that land in perpetuity to those resource conservation
uses authorized and enumerated in the sale or conveyance of the residential
development potential.
(c)
Definitions and bulk standards for a tract upon
which a planned mixed-use development may be developed:
[1]
For the purposes of a planned mixed-use
development, a "tract" shall be defined as an area of land comprised
of one or more adjacent lots which together have sufficient dimensions
and area to make one parcel of land meeting the requirements of this
section for the use(s) intended.
[2]
The minimum tract size shall be
15 acres. The land area of any existing streets shall not be included
in calculating the area of the tract.
[3]
The maximum tract residential density shall be four dwelling units per gross acre less any critical areas determined pursuant to § 188-46A.
[4]
The maximum building height is
35 feet, except for hotels, which may not exceed five stories or 70
feet.
[5]
The maximum impervious coverage
is 60%.
[6]
The minimum building setback from
the lot line fronting on any public road shall be 40 feet and the
minimum building setback from a hotel to any residential zone boundary
or residential lot line shall be 150 feet.
[Amended 9-9-2008 by Ord. No. 2008-30]
[7]
Any bulk requirement not specifically enumerated in this section shall be as provided in Subsection H.
[8]
There shall be a minimum sixty-foot
buffer provided adjacent to any residential zone boundary or to any
existing residential lot, except for hotels which shall require a
minimum one-hundred-foot buffer provided adjacent to any residential
zone boundary or to any residential lot line. Such buffer shall be
reviewed by the appropriate board to determine if the existing vegetation
is sufficient to provide a year-round screen or if the existing vegetation
needs to be enhanced by additional plantings and/or fencing and/or
a berm, as appropriate. A conservation easement shall be established
by the applicant to include the required buffer area, subject to approval
by the Township Attorney and recorded prior to the issuance of a certificate
of occupancy.
[Amended 9-9-2008 by Ord. No. 2008-30]
(d)
Permitted forms of residential dwellings shall
include:
[1]
Detached single-family, duplex,
and triplex dwellings as per Table 1.[4]
[a]
A duplex residential dwelling shall
be defined as a building containing two single-family dwelling units
totally separated from each other by an unpierced wall extending from
ground to roof.
[b]
A triplex residential dwelling
shall be defined as a building containing three single-family dwelling
units totally separated from each other by unpierced walls extending
from ground to roof.
[4]
Editor's Note: Table 1 is included at the end of this chapter.
[2]
Townhouses and multifamily dwellings
as per Table 2.[5]
[5]
Editor's Note: Table 2 is included at the end of this chapter.
(e)
No more than 400 dwelling units shall be permitted
within all planned mixed-use developments located in the HS Highway
Service District.
(f)
Green technology requirements. Currently, the
most widely adopted "green" rating system in the country is the Leadership
in Energy and Environmental Design (LEED) Green Building Rating System,
as developed by the U.S Green Building Council (USGBC). According
to the USGBC, LEED evaluates environmental performance from a whole
building prospective over a building's life cycle, providing a definitive
standard for what constitutes a "green building." It is based on accepted
energy and environmental principles and strikes a balance between
known established practices and emerging concepts. LEED is a performance-oriented
system in which scoring points are earned for satisfying performance
criteria in the categories of sustainable site development, water
savings, energy efficiency, materials selection and indoor environmental
quality. Different levels of green building certification are awarded
by the USGBC based on the total points earned.
[1]
All new development located within
the planned mixed-use development option, except for additions which
are 50% or less than the existing gross floor area, shall meet a minimum
LEED certification under the LEED rating system and shall be so certified
by the USBGC or equivalent.
[2]
All building projects using the
green technology requirements shall have a LEED-accredited professional
or equivalent as a principal member of the design team from the beginning
of the project.
[3]
Energy Star. For multifamily residential
projects using the green technology requirements, appliances and fixtures
must meet the United States Environmental Protection Agency's (EPA's)
standards. Projects must include Energy Star compliant clothes washers;
dishwashers; refrigerators; ceiling fans; ventilation fans (including
kitchen and bathroom fans); light fixtures (halls and common areas);
and exit signs. To further enhance energy efficiency, the project
must also choose and install two of the following Energy Star components:
programmable thermostats (in residential units); residential light
fixtures; windows and doors; and HVAC systems.
[4]
All new building projects using
the green technology requirements must meet the following additional
requirements:
[a]
All lighting fixtures located in
parking lots must utilize LED lighting systems. The freestanding light
fixtures shall not exceed 12 feet in height.
[b]
No less than 35% of the property
(excluding existing and proposed road right-of-ways) shall be devoted
to conservation, open space, drainage and/or recreation purposes and
may include vegetated roofs and pedestrian plazas. Individual duplex,
triplex and townhouses are exempt from this requirement.
[5]
Applicants using the green technology
requirements must submit to the Township the following information
at the time of site plan application:
[a]
The name of the LEED-accredited
professional, or equivalent, working on the project.
[b]
A LEED scorecard, or equivalent,
must be submitted as part of the plan. The scorecard shall be accompanied
by an explanation of how each credit will be achieved or why the specific
credit cannot be achieved for the project.
(2)
Other permitted conditional uses. Any bulk requirement not specifically enumerated in this section for any conditional use shall be as provided in Subsection H.
(a)
Hotels, including ancillary uses, which may
include conference centers, banquet halls or facilities, restaurants,
bars and nightclubs:
[1]
Minimum lot size: four acres.
[2]
Minimum lot width: 250 feet.
[3]
Maximum impervious coverage: 60%.
[4]
Maximum building height: five stories/70
feet.
[5]
Hotels and any permitted ancillary
uses, including conference centers, restaurants, bars and nightclubs
attached to or part of a hotel must have a minimum buffer of 100 feet
to any adjacent residential zone boundary or residential lot line.
Such buffer shall be reviewed by the appropriate board to determine
if the existing vegetation is sufficient to provide a year-round screen
or if the existing vegetation needs to be enhanced by additional plantings
and/or fencing and/or a berm, as appropriate. A conservation easement
shall be established by the applicant to include the required buffer
area subject to approval by the Township Attorney and recorded prior
to the issuance of a certificate of occupancy.
[Amended 9-9-2008 by Ord. No. 2008-30]
[6]
Minimum building setback to any
residential zone boundary or residential lot line: 150 feet.
[Added 9-9-2008 by Ord. No. 2008-30]
(b)
Catering facilities/banquet halls and indoor
recreation facilities/wellness centers:
(c)
Gasoline service stations:
[1]
Must be located at least 100 feet
from any residence or residential zone.
[2]
Any outdoor storage of wrecked,
damaged or disassembled vehicles awaiting repairs must be provided
in a screened in area in the rear yard at least 250 feet from any
residence or residential zone.
[3]
There is one parking space required
for each employee plus two spaces per service bay.
[4]
A retail convenience store may
be provided in conjunction with a gasoline service station provided
that the following standards are followed:
(d)
Drive-through facilities in conjunction with
other permitted uses in the HS District. There shall be a minimum
sixty-foot buffer adjacent to any residential zone boundary or residential
lot line, unless otherwise indicated. Such buffer shall be reviewed
by the appropriate board to determine if the existing vegetation is
sufficient to provide a year-round screen or if the existing vegetation
needs to be enhanced by additional plantings and/or fencing, and/or
a berm, as appropriate. A conservation easement shall be established
by the applicant to include the required buffer area subject to the
approval of the Township Attorney and recorded prior to the issuance
of a certificate of occupancy.
[Amended 6-7-2010 by Ord. No. 2010-15]
(g)
Dispatch services.
[Added 9-22-2009 by Ord. No. 2009-29]
[1]
Minimum lot size: two acres.
[2]
Minimum lot width: 200 feet.
[3]
Minimum front yard: 50 feet.
[4]
Minimum side yard: 25 feet.
[5]
Minimum rear yard: 150 feet.
[6]
Maximum impervious coverage: 60%.
[7]
Maximum building height: 35 feet.
[8]
Minimum buffer: 20 feet, except that a minimum fifty-foot buffer
is required where located adjacent to a residential zone boundary
or to an existing residence lot line.
[9]
The minimum number of off-street parking spaces for dispatch
services shall be 3.5 spaces per 1,000 square feet of usable floor
area.
E.
Site perimeter requirements.
(1)
Buffer requirements. There shall be a minimum
sixty-foot buffer adjacent to any residential boundary or residential
lot line, unless otherwise indicated. Such buffer shall be reviewed
by the appropriate board to determine if the existing vegetation is
sufficient to provide a year-round screen or if the existing vegetation
needs to be enhanced by additional plantings and/or fencing and/or
a berm, as appropriate. A conservation easement shall be established
by the applicant to include the required buffer area subject to approval
by the Township Attorney and recorded prior to the issuance of a certificate
of occupancy.
[Amended 9-9-2008 by Ord. No. 2008-30]
(2)
Fencing requirements. Fencing may be provided
on the perimeter of the tract, or within the tract, provided the fencing
is of an architecturally compatible design and consistent throughout
the tract. No fence shall exceed a height of five feet above finished
grade.
F.
G.
Off-street parking requirements. The minimum number
of required off-street parking spaces for the permitted uses in the
HS District are as follows:
(1)
Office at three spaces per 1,000 square feet
of usable floor area.
(2)
Medical office, veterinary hospital at four
spaces per 1,000 square feet of usable floor area.
(3)
Restaurant at four spaces per 1,000 square feet
of usable floor area.
(4)
Business service at 3.5 spaces per 1,000 square
feet of gross floor area.
(5)
Home occupation at two spaces per dwelling plus
one space per employee and one space per visitor.
(6)
Bed-and-breakfast establishment at one space
per guest room plus one space per employee plus four spaces per 1,000
square feet of gross floor area for any restaurant.
(7)
Child-care center at one space per employee
plus one space per 10 children enrolled.
(8)
Public and semipublic uses and facilities, including
municipal, county and state-owned facilities, at four spaces per acre
or portion thereof.
(9)
Hotels at one space per guest room plus one
space per employee plus four spaces per 1,000 square feet of usable
restaurant, bar, nightclub and conference floor area.
(10)
Retail and service establishments at 3.5 spaces
per 1,000 square feet of gross floor area.
(11)
Catering facilities at four spaces per 1,000
square feet of usable floor area.
(12)
Indoor recreation facilities/wellness centers
and private recreation complexes at four spaces per 1,000 square feet
of usable floor area.
(13)
Fiduciary institutions at three spaces per 1,000
square feet of usable floor area.
(14)
Mortuary at 15 spaces per 1,000 square feet
of gross floor area plus one space per employee.
(15)
Commercial instructional activity at 3.5 spaces
per 1,000 square feet of usable floor area.
(16)
Extended care facilities at 0.30 space per bed/unit
plus one space per employee at the maximum shift.
(17)
Residential dwellings at two spaces per dwelling
unit.
(18)
Performing arts and cultural facilities at four
spaces per 1,000 square feet of usable floor area.
H.
Supplemental regulations.
(2)
Site building standards.
(b)
Building placement, orientation:
[1]
Buildings and site improvements
shall be designed to minimize changes to existing topography and mature
vegetation.
[2]
The primary entrance of each building
shall accommodate pedestrian access from the streets as well as from
the parking lots.
[3]
Secondary public entrances, if
provided, shall be designed in a manner consistent with primary entrances
if visible from public streets or parking lots.
(c)
Vehicular and pedestrian access.
[1]
A maximum of one curb cut shall
be allowed for lots with street frontage less than or equal to 500
feet. One pair of one-way curb cuts shall count as one curb cut.
[2]
For lots with street frontage greater
than 500 feet, one additional driveway opening per 250 feet of street
frontage shall be allowed.
[3]
Width of curb cuts.
[4]
Shared driveways that serve more
than one property may be provided where deemed appropriate by the
Planning Board or Board of Adjustment. Cross access shall be required
between adjoining properties.
[5]
Bicycle connections to the primary
public entrance of the building shall be provided where a public sidewalk
or bikeway is adjacent to property.
[6]
To the greatest extent possible,
all portions of the development shall be linked via a sidewalk and
pathway network as approved by the Planning Board or Board of Adjustment;
the site shall be pedestrian-oriented, with a design that enables
and encourages pedestrian and bicycle circulation, with linkages to
surrounding areas. The applicant shall utilize the Master Plan in
developing a pedestrian and bicycle pathway network. Adequate bicycle
storage facilities shall be provided.
(d)
Route 206 right-of-way. The following are specific
requirements for the property fronting along Route 206:
(e)
Landscaping. A landscape plan shall be provided
for the entire site and shall be prepared by a licensed landscape
architect.
[1]
All trees planted in front of the
front building line shall be at least three inches in diameter for
single-stemmed trees, or 10 feet to 12 feet in height for multistemmed
trees at the time of planting. All other trees shall be 2 1/2
inches in diameter at the time of planting, unless otherwise provided
by these standards.
[2]
Existing trees having a DBH (diameter-at-breast-height,
measured at 4 1/2 feet above ground level) over six inches shall
be preserved unless removal is approved by the Planning Board or Board
of Adjustment. If a preserved tree dies, it must be replaced with
a two-and-one-half-inch diameter tree of the same or similar tree
species, subject to approval by the Township Planning Department.
[3]
Impervious materials shall not
be placed over the critical root zone of a preserved tree. The critical
zone is a ratio of one inch DBH to one foot radius around the tree.
[4]
All exposed soil areas shall be
covered with bark, mulch, or other weed control measures.
[5]
A single row of canopy trees shall
be planted along property lines abutting a street at a ratio of one
tree for every 40 linear feet within a minimum ten-foot-wide planting
strip.
[6]
Canopy trees shall be planted within
the front yard setback area.
[7]
In addition to the required street
trees, the front yard of any nonresidential property shall be landscaped
with appropriate plantings in order to provide a green strip along
the Route 206 frontage. This shall include appropriate plantings as
part of any stormwater management facility that may be located in
the front yard. The use of stone similar to that incorporated into
the wall found along the Route 206 frontage to the Duke Estate is
encouraged to be likewise utilized as part of any low screening wall,
fence, sign base or similar feature intended to supplement the landscaping
in the front yard, as appropriate.
(f)
Off-street parking site design.
[1]
Parking areas shall be designed
as a series of smaller interconnected lots. Large undivided parking
areas are prohibited.
[a]
Large parking areas shall be functionally
divided by internal circulation corridors or aisles to establish several
smaller lots to prevent random or high-speed movements and to provide
for the planting of street trees and other landscaping.
[b]
Rows shall contain no more than
20 cars for double-sided parking and 10 cars for single-sided parking.
[c]
The small parking lots shall be
separated by minimum five-foot-wide internal planting areas that feature
trees planted in grass or other approved landscape material.
[d]
The recommended maximum number
of spaces within lots separated by an island or planting strip shall
be 100 spaces, with 50 or fewer preferred.
[e]
End aisles should be delineated
by a landscaped island, not by painted asphalt.
[2]
Parking areas shall be located
in the side or rear yards and not in front of the buildings.
[3]
All parking areas, where visible
from a public street, shall be screened by a five-foot-high solid
wall, architectural fence and/or solid evergreen hedge.
[4]
One canopy tree shall be provided
at a ratio of one tree to every four parking spaces in that area.
[5]
Each parking space shall be within
50 feet of a planted new or remaining tree.
[6]
Where slopes over 5% exist, parking
bays shall be terraced, with planting between changes in level.
[7]
Where over 50 parking spaces are
provided, pedestrian pathways identified with smaller-scale pavement
(pavers or scoring) oriented toward the principal building entrances
shall be provided.
[8]
Each separate planting area shall
have a minimum of 150 square feet per tree and shall have a minimum
dimension of at least five feet.
[9]
In addition to required trees,
planting areas shall be landscaped with shrubs, ground cover, or other
approved landscaping material not exceeding 3 1/2 feet in height.
[10]
Where parking is adjacent to a
public right-of-way, a ten-foot-wide landscape buffer shall be provided
between the edge of the right-of-way and the edge of the parking lot.
In addition to the required trees, the buffer shall consist of one
of the following:
[11]
Parking areas shall be designed
to be interconnected with adjacent properties and shall utilize common
entrances and exits where feasible to minimize access points to the
street. Such interconnections shall be established through an appropriate
cross-access easement. The use of rear lanes or commercial service
roads is encouraged to avoid individual curb cuts onto Route 206.
[12]
Shared parking shall be encouraged.
The Planning Board or Board of Adjustment, as appropriate, may approve
an equivalent parking ratio based upon shared parking and use of cross-access
easements with the off-street parking of an adjacent tract within
the ASD Overlay Zone.
[13]
There shall be a comprehensive
network of sidewalks and pedestrian passageways that connect the parking
lots with the front, sides and rear of the buildings. The sidewalks
and passageways shall be linked to other off-site pedestrian connections
where appropriate based on proximity to existing residential areas,
proposed intended use of the building, and provision of existing or
planned pedestrian or bicycle improvements.
[14]
Pedestrian passageways shall connect
rear parking lots between buildings with textured walking surfaces,
street furniture and landscaping. In addition, the design of the building
may incorporate window displays, side door entrances, or other pedestrian-friendly
features along the passageway. Lighting should be provided for all
parking facilities and sidewalks, as well as along pedestrian passageways.
(g)
Pedestrian circulation.
[1]
Paving materials shall identify
pedestrian circulation areas within the parking lots.
[2]
Pedestrian walkways, at least five
feet in width, shall be provided from public sidewalks, adjoining
the property to a principal public/customer entrance.
[3]
Along facades with a public/customer
entrance and along any facade abutting public parking areas, sidewalks,
at least five feet in width, shall be provided along the full length
of the facade.
[5]
Common areas shall be accessible
from all buildings and connected by a comprehensive, on-site pedestrian
circulation system. Clearly defined buffers that enhance the attractiveness
of the streetscape and promote pedestrian safety shall be used. Sidewalks
and plazas should be made comfortable for use by pedestrians through
the use of landscaping, overhangs and canopies in order to provide
shade and non-heat-absorbing materials. The pedestrian circulation
layout on any development site should take into account on-site generators
of pedestrian movement, such as open spaces, schools, retail centers,
and bus stops, in designing walkways, lighting and other related improvements.
(h)
Decorative walls, fences and screening design.
[1]
Decorative walls and fencing may
be required by the Planning Board or Board of Adjustment to complement
the structure style, type and design of the principal structure.
[2]
Walls and fencing are allowed only
in side and rear yards and in the front yard behind the front building
line, with the exception of outdoor eating and play areas.
[3]
Walls and fencing shall be constructed
of durable high-quality materials and shall display a high quality
in finish and detail; made of masonry, ornamental metal, wood, stucco,
or a combination of these materials.
[4]
Walls and fencing greater than
50 feet in length shall have a change in plane, height, material,
or material texture, or significant landscape massing.
[5]
Planting shall be considered as
part of any wall or fence plan.
[6]
Walls, hedges, and picket fences
in front yards shall be limited to a maximum of 3 1/2 feet in
height. Wrought iron fences may be up to five feet in height. Entrances,
gates, and corners should be specifically treated to define their
function.
(i)
Loading, outdoor storage, and service areas.
[1]
Where these areas face adjacent
residential uses or public rights-of-way, an earthen berm, no less
than six feet in height, containing, at a minimum, evergreen trees
planted at intervals of 20 feet on center and seven evergreen shrubs
per tree, shall be provided.
[2]
No areas for outdoor storage, trash
collection or compaction, loading, or other such uses shall be located
within 35 feet of any public street or public sidewalk.
[3]
Materials, colors, and design of
screening walls and/or fences shall conform to those used as predominant
materials and colors on the principal building.
[4]
Service functions shall be incorporated
into the overall design of the building and landscaping, so that they
are fully contained and out of view from adjacent properties and rights-of-way.
[5]
Truck delivery and circulation
routes shall be separated from customer circulation where possible.
I.
Architectural standards.
(1)
Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements in the Architectural and Site Design (ASD) Overlay Zone contained in §§ 188-167 to 188-175 shall apply, except as otherwise provided in the HS District requirements, as indicated herein.
(2)
Building orientation should respect climatic
conditions by minimizing heat gain and considering the impact of shade
on adjacent land uses and areas. Buildings should maximize public
comfort by providing shaded public outdoor areas, minimizing glare,
and facilitating breezes.
(3)
Buildings should be oriented to allow for the
use of common driveways, where a reduction in the number of curb openings
will enhance the streetscape and promote traffic safety.
(4)
Buildings on corner lots and end buildings shall
be considered significant structures, because they have at least two
facades exposed to the street. As such, specialized facade treatments
and appropriate embellishments, such as corner towers, shall be integrated
into their design to mark their prominence. Additionally, pedestrian
flow can be emphasized by arcades or chamfered corners.
(5)
Focal points or points of visual termination
along the corridor shall generally be occupied by more prominent structures
that employ enhanced height, massing, distinct architectural treatments
or other distinguishing features.
(6)
Backs of buildings may face a parking lot. However,
the rear of the building shall be treated to be compatible with the
overall design of the building. Access from the front and rear of
buildings is encouraged.
(7)
Buildings shall avoid long, monotonous, uninterrupted
walls and/or roof planes. Individual buildings within the ASD Overlay
Zone shall not exceed 100 feet in length along any wall, roof or footprint
plane. Building fronts wider than 40 feet as viewed from the public
realm shall be modulated to break the facade to give the appearance
of several buildings or through the use of building wall offsets,
including projections, recesses and changes in cap line, wall height,
and floor level. The total measurement of such offsets shall equal
a minimum of 10% of the building wall length. The minimum projection
or depth of any individual offset shall be not less than four feet.
(8)
Roofline offsets, cross gables and dormers shall
be provided along any roofline measuring longer than 75 feet, in order
to provide interest and variety to the massing of the building roof
line.
(9)
Requirements for establishments with drive-through
facilities.
(a)
A drive-through facility shall be architecturally
integrated into the principal building.
(b)
A drive-through facility shall not be located
on the street side of the building nor in front of the front building
line.
(c)
A drive-through facility shall be permitted
only at locations where such facility is not a dominant visual element
within the HS District.
(d)
A drive-through facility shall be limited to
a maximum of three service lanes and a required bypass lane.
(e)
A drive-through facility, accompanying driveway
and associated signage shall be set back a minimum distance of 50
feet from any land zoned for residential development.
(f)
A drive-through facility and associated signage
shall be provided with landscaping to visually enhance views of the
facility, signage and driveway as seen from the surrounding area.
(g)
A drive-through facility shall not adversely
impede or conflict with pedestrian and/or vehicular circulation in
the area.
(h)
The Planning Board or Board of Adjustment shall
be satisfied that the on-site and off-tract traffic circulation is
capable of accommodating the proposed traffic volume associated with
such facility, particularly during peak hours. The stacking driveway
for the drive-through window shall provide room for no more than three
lanes for patrons plus a bypass lane and shall be separated from any
off-street parking areas and their access aisles, loading areas or
trash enclosures.
(10)
Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83J.
(a)
There shall be a consistent sign design theme
throughout the development. A unifying design theme shall include
style of lettering, method of attachment, construction, material,
size, proportion, lighting, position and day/night impacts. Color
of letters and background shall be carefully considered in relation
to the color of the material of the building(s) or where the signs
are proposed to be located. Signs shall be a subordinate rather than
predominant feature of any building. The lettering and sign shall
be compatible with the architecture of the building.
(b)
A comprehensive signage plan shall be provided
which covers overall project identification, window signage and lettering,
individual building/tenant identification, traffic regulations, pedestrian
crossing, street identification, parking and directional instructions.
A signage hierarchy shall be established governing the above signage
categories.
(c)
All permanent signage shall be affixed to a
building facade; canopy or arcade; and be visible to both pedestrians
and drivers.
[Added 5-11-2010 by Ord. No. 2010-11]
A.
Purpose, applicability, and affordable housing obligation.
[Amended 3-26-2019 by Ord. No. 2019-06]
(1)
The purpose of the Green Village (GV) Zone District is to establish
a mixed-use zone that provides for affordable housing, multifamily
housing, and hotel, retail, office and restaurant uses at a location
that provides access to employment areas through adjacency to major
roadways and/or public transportation. The standards are intended
to offer maximum flexibility for site design and selection of dwelling
unit types in order to offer a balanced housing pattern attractive
to all income and age segments of the community as part of the Township's
fair share housing plan for meeting the region's low- and moderate-income
housing needs.
(2)
The standards contained herein shall apply to the entire tract
unless otherwise specified.
(3)
The tract shall contain a minimum of 146 low- and moderate-income units in accordance with applicable affordable housing regulations, including but not limited to Article VII of this chapter. If there is a conflict between Article VII of this chapter and the Uniform Housing Affordability Controls (UHAC), the UHAC shall control, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).
[Amended 7-14-2020 by Ord. No. 2020-16]
C.
Accessory uses.
(1)
Garages, storage sheds, tennis courts, maintenance office and
storage buildings, swimming pools and other community recreational
facilities (noncommercial) associated with planned residential communities
are allowed in all yards but the front yard.
(2)
Restaurants accessory to a hotel use.
(3)
Trash and garbage collection areas which are fully screened.
D.
Minimum tract area and location.
E.
Yard and bulk regulations for tract development.
[Amended 3-26-2019 by Ord. No. 2019-06]
(1)
Tract frontage: minimum of 300 feet on a major arterial roadway.
(2)
Front yard setback: minimum of 100 feet from Route 206.
(3)
Side yard setback: minimum of 50 feet from the tract boundary.
(4)
Rear yard setback: minimum of 50 feet from the tract boundary.
(5)
Building coverage: maximum of 40%.
(6)
Total impervious coverage: maximum of 65%.
(7)
Building height.
(8)
Building-to-building distance requirements: minimum of 25 feet.
F.
Site perimeter requirements.
(1)
Buffer requirements. There shall be a minimum twenty-five-foot
buffer adjacent to any residential district or existing residential
use included as part of this requirement, unless otherwise indicated.
Such buffer shall be reviewed by the appropriate board to determine
if the existing vegetation provides a sufficient year-round screen
or if the existing vegetation needs to be enhanced by additional plantings
and/or a fence or berm. Once all screening/landscaping improvements
are completed, a conservation easement shall be established by the
applicant for the buffer area.
(2)
Fencing requirements. Fencing may be included on the perimeter
of the tract, or within the tract, provided the fencing is of an architecturally
compatible design and consistent throughout the tract. No fence shall
exceed a height of five feet above finished grade.
G.
Maximum build-out of tract.
[Amended 3-26-2019 by Ord. No. 2019-06]
(1)
Residential: a maximum of 602 dwelling units inclusive of the low- and moderate-income obligation outlined in § 188-113.4A(3). The approval of any dwelling units on the tract in excess of 472 units shall be contingent upon the approval of the hotel provided for in Subsection G(2) by the applicable Township board.
[Amended 7-14-2020 by Ord. No. 2020-16]
(2)
Hotel: a minimum of 100 guest units, but not to exceed 130 guest
units.
(3)
Retail, office, restaurants and fiduciary institutions: not
to exceed a combined total of 20,000 square feet.
H.
Parking requirements.
(1)
Residential: as per the R.S.I.S.
(2)
Retail: 3.5 spaces per 1,000 square feet of gross floor area.
(3)
Office: three spaces per 1,000 square feet of usable floor area.
(4)
Restaurant: four spaces per 1,000 square feet of useable floor
area.
(5)
Fiduciary/banks: three spaces per 1,000 square feet of useable
floor area.
(7)
Shared parking among nonresidential uses is permitted in accordance
with the following standards, subject to approval by the Planning
Board or Board of Adjustment, as appropriate:
(a)
If a hotel shares parking with any combination of retail, restaurant,
office or fiduciary uses, the parking requirements for the retail,
restaurant, office and fiduciary uses may be reduced by a total of
20%.
(b)
The establishments for which the application is being made for
shared parking shall be located within 500 feet of the parking facility.
(c)
Any application that includes shared parking must provide a
shared parking plan. Such a plan shall be included as an addendum
to a site plan and shall be drawn to the same scale. The shared parking
plan must include the following:
[1]
A site plan showing parking spaces intended for
shared parking and their proximity to the uses they will serve.
[2]
A signage plan that directs drivers to the most
convenient parking areas for each particular use or group of uses,
if such distinctions can be made.
[3]
A pedestrian circulation plan that shows connections
and walkways between parking areas and land uses.
I.
Supplemental regulations.
(1)
Buildings and site improvements shall be designed to minimize
changes to existing topography and mature vegetation.
(2)
Shared driveways that serve more than one property may be provided
where deemed appropriate by the Planning Board or Board of Adjustment.
Cross access shall be required between adjoining properties.
(3)
A landscape plan shall be provided for the entire site and shall
be prepared by a licensed landscape architect.
(4)
Where loading, outdoor storage, and service areas are located
within 50 feet of residential uses or public rights-of-way, an earthen
berm, no less than six feet in height, containing, at a minimum, evergreen
trees planted at intervals of 20 feet on center and seven evergreen
shrubs per tree, shall be provided.
(5)
Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements in the Architectural and Site Design (ASD) Overlay Zone contained in §§ 188-167 to 188-175 shall apply, except as otherwise provided in the GV District requirements, as indicated herein.
(6)
Requirements for establishments with drive-through facilities.
(a)
A drive-through facility shall be architecturally integrated
into the principal building.
(b)
A drive-through facility shall not be located on the street
side of the building nor in front of the front building line.
(c)
A drive-through facility shall be limited to a maximum of three
service lanes and a required bypass lane.
(d)
A drive-through facility, accompanying driveway and associated
signage shall be set back a minimum distance of 50 feet from any land
zoned for residential development.
(e)
A drive-through facility shall not adversely impede or conflict
with pedestrian and/or vehicular circulation in the area.
(f)
The Planning Board or Board of Adjustment shall be satisfied
that the on-site and off-tract traffic circulation is accommodating
the proposed traffic volume associated with such facility, particularly
during peak hours. The stacking driveway for the drive-through window
shall provide room for no more than three lanes for patrons plus a
bypass lane and shall be separated from any off-street parking areas
and their access aisles, loading areas or trash enclosures.
(7)
Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83J, except as provided for in Subsection I(7)(d) below.
[Amended 3-26-2019 by Ord. No. 2019-06]
(a)
There shall be a consistent sign design theme throughout the
development. A unifying design theme shall include style of lettering,
method of attachment, construction, material, size proportion, lighting,
position and day/night impacts. Color of letters and background shall
be carefully considered in relation to the color of the material of
the building(s) or where the signs are proposed to be located. Signs
shall be a subordinate rather than predominant feature of any building.
The lettering and sign shall be compatible with the architecture of
the building.
(b)
A comprehensive signage plan shall be provided which covers
overall project identification, window signage and lettering, individual
building/tenant identification, traffic regulations, pedestrian crossing,
street identification, parking and directional instructions. A signage
hierarchy shall be established governing the above signage categories.
(c)
All permanent signage shall be affixed to a building facade,
canopy or arcade and be visible to both pedestrians and drivers.
(d)
The following standards shall apply to hotels:
[1]
A freestanding sign may be placed on a lot separate from the hotel but must be on the original tract cited in § 188-113.4D.
[2]
Hotels may have one facade sign displaying the
corporate logo on each of two sides, one being the front facade and
the second on a facade that is directly visible from Route 206. The
sign on the front wall shall not exceed 75 square feet, or 5% of the
facade face, whichever is less. The secondary sign shall not exceed
60 square feet, or 5% of the facade face, whichever is less. The size
of the sign shall be determined by a geometric shape encompassing
all letters, symbols and graphics on the sign. The location of the
signs relative to the height and massing of the building shall be
subject to the approval of the applicable reviewing board during the
site planning process.
[Added 7-10-2007 by Ord. No. 2007-25]
A.
Purpose. The purpose of the TC Town Center District
is to encourage mixed land uses as well as compact development patterns
that are sensitive to the environmental characteristics of the land
and that facilitate and promote the efficient use of public and private
services. This type of development is consistent with the adopted
recommendations of the Township's Master Plan Amendment — Phase
2, dated October 2005. A town center district diversifies and integrates
land uses within close proximity to each other and it permits land
uses that provide for the daily recreational and shopping needs of
Township residents. The TC Town Center District is designed to ensure
the development of land as a traditional neighborhood similar to other
existing villages and town centers in New Jersey. Its physical design
adopts the village and town center settlement patterns which were
the norm in the United States from colonial times until the 1940s.
More specifically, the TC Town Center District is characterized by
the following design elements:
(1)
Traditional neighborhoods that are limited in
size and oriented toward predominantly local vehicular traffic, pedestrian
and bicycle activity, tree-lined streets and mixed land uses;
(2)
A variety of housing types, job opportunities,
shopping, services, and public facilities;
(3)
Residences, shops, workplaces, civic buildings
and civic spaces and places interwoven within the town center area,
all within close proximity to each other;
(4)
A network of interconnecting streets and blocks
that maintains respect for both the physical and natural landscape;
(5)
Natural features and undisturbed areas that
are incorporated into the planned open space system of the town center
area;
(6)
A coordinated transportation system with a hierarchy
of appropriately designed facilities for pedestrians, bicycles, public
transit, and automotive vehicles;
(7)
Well-configured squares, plazas, greens, landscaped
streets, natural preserves, greenways, and parks woven into the pattern
and fabric of the town center area and dedicated to the collective
social activity, recreation, and visual enjoyment of the populace;
(8)
Civic buildings and spaces, open spaces, and
other visual features that act as landmarks, symbols, and focal points
for community identity;
(9)
Compatibility of buildings and other improvements
as determined by their arrangement, bulk, form, character, and landscaping
to establish a livable, harmonious, and diverse environment;
(10)
The creation of a main street with wide sidewalks
and associated public spaces and amenities, providing access to a
variety of commercial, civic, residential, recreational and pedestrian
uses and activities;
(11)
The provision for and incorporation of the Township's
fair share of the regional need for low- and moderate-income housing
and to encourage the provision of a diversity of housing types and
lot sizes;
(12)
Integrate "green" technologies into public spaces
and private development parcels in order to achieve flood control,
stormwater recharge and water filtration, reduce energy consumption,
promote renewable energy resources and improve indoor and outdoor
air quality;
(13)
The potential inclusion of additional development
through transfer of development rights in an effort to preserve the
remaining rural historic and agricultural character of the Township;
(14)
The development of buildings that form a consistent,
distinct edge and define the border between the public street space
and the private block interior;
(15)
Architectural variety and a streetscape that
responds to the unique characteristics of the history of the Township;
and
(16)
Preservation and respect of the land use integrity
of adjacent residential neighborhoods and sites.
B.
Permitted principal uses. All uses shall be provided at a scale and size that is appropriate for the District. There may be more than one permitted principal use or structure on a lot subject to compliance with the applicable provisions as contained in Subsections B to H.
(1)
Mixed-use buildings with residential and/or
office uses permitted only above the first floor. The only permitted
use that shall front onto existing Route 206 (Main Street) and Amwell
Road in the TC District is a mixed-use building.
[Amended 9-22-2020 by Ord. No. 2020-24]
(2)
Retail sales of goods and services on the ground
and second floors only.
(3)
Freestanding offices and medical centers may
not be located within 100 feet of existing Route 206 (Main Street)
or Amwell Road.
(4)
Banks and fiduciary institutions, which must
be located at least 250 feet from any other bank or fiduciary institution.
(5)
Business services.
(6)
Restaurants, including sit-down and carry-out
as long as food and/or drink shall not be served or sold directly
to patrons in motor vehicles.
(7)
Personal service establishments, including tailor,
barbershop or beauty salon, laundry/cleaners.
(8)
Live/work dwelling units.
(9)
Elder-care centers may not be located within
100 feet of existing Route 206 (Main Street) or Amwell Road.
(10)
Child-care centers may not be located on the
ground floor of a mixed-use building.
(a)
Child-care centers shall be subject to site
plan approval as well as a revised site plan approval where the original
site plan did not anticipate use of all or a part of the premises
as a child-care center but such other use subsequently occurs.
(b)
No building permit shall be issued for modification
of all or part of premises for use as a child-care center until a
revised site plan approval has been obtained from the Planning Board.
(11)
Public buildings that are generally designed
for public access, including but not limited to post office, community
center, fire, emergency and police station facilities. Public facilities
shall be permitted only if they are pedestrian-oriented.
(12)
Farm and open-air markets.
(13)
Theaters for motion pictures and live performances.
(14)
Public transportation stations and shelters.
(15)
Civic buildings, including museums, art galleries,
and other cultural facilities of a similar nature which may incorporate
outside display areas in civic spaces.
(16)
Commercial instructional activities.
(17)
Recreational and/or open space facilities, including
but not limited to walkways, courtyards, plazas, squares, community
gardens and parks.[1]
[1]
Editor's Note: Former Subsection B(17), regarding utilities,
was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated
former Subsection B(18) through (21) as Subsection B(17) through (20),
respectively.
(18)
Existing shopping centers located south of Amwell
Road and east of Route 206.
(19)
Residential uses.
[Amended 8-10-2010 by Ord. No. 2010-24; 3-8-2011 by Ord. No.
2011-05; 5-22-2018 by Ord. No. 2018-05; 9-22-2020 by Ord. No. 2020-24]
(a)
Residential flats or lofts, located above the first floor in
a residential-commercial mixed-use building, provided that the minimum
number of dwelling units shall be two units per 1,000 square feet
of commercial space on the ground floor.
(b)
Single-use multifamily dwellings constructed as part of a planned
mixed-use inclusionary development on a single tract that includes
a minimum of 10,000 square feet of commercial space. All single-use
multifamily buildings shall be located to the rear of the mixed-use
buildings. In no case shall any single-use multifamily building front
on either Route 206 or Amwell Road.
(c)
The maximum residential density shall be based on the combined
number of dwelling units in both mixed-use and single-use multifamily
buildings as applied to the total acreage of the tract as follows:
less than three acres, 14 dwelling units per acre; three to five acres,
16 dwelling units per acre; greater than five acres, 18 dwelling units
per acre.
(d)
Where five or more dwelling units are created, a minimum affordable
housing set-aside of 20% shall be provided. Affordable units shall
be proportionally distributed among the residential units.
(e)
The residential uses cited above shall otherwise conform to
all other applicable TC District standards.
(f)
The provisions included herein at § 188-113.5B(19)(c) and (d) for single-use multifamily buildings do not apply to existing shopping centers as identified in Subsection B(18) and further regulated by Subsection D(3); or to any inclusionary overlay zones within the TC District.
(20)
Art studios, for the creation, assembly or production
of works of art including, but not limited to, paintings and sculpture;
art education and instruction; and art galleries where works of art
are exhibited to the public and sold.
[Added 10-14-2008 by Ord. No. 2008-37]
C.
Accessory uses and structures.
(1)
Street furniture such as benches, street lamps,
bicycle racks, trash receptacles, tree grates, bus stops, landscape
planters and hanging baskets shall be provided, as appropriate.
(2)
All streets, alleys, sidewalks and pathways
shall connect to other streets within the development and connect
to existing streets outside the development, as appropriate. Dead-end
streets are not permitted within developments in the TC District.
(3)
Surface parking lots are required and shall
be designed to be coordinated and have access to adjoining lots to
control the number of access points to Amwell Road, Route 206 and
all proposed Master Plan roads. Toward this goal, access drives may
be granted temporary approval to be removed when alternate access
becomes available in the future. All off-street parking areas shall
be located behind existing and/or proposed buildings.
(4)
Carports for residential uses only.
(5)
One-story garages for duplex, triplex and townhouses,
and which are accessed from the side or rear yards only.
(7)
Kiosks, sidewalk displays, stalls or merchandise
stands for the outdoor sale of goods in conjunction with and along
the street frontage of retail stores and/or shops and located such
that a minimum of five feet of clear public access is provided along
the sidewalk.
(8)
Fences and walls which shall be uniform in size
and materials and complement the architectural style, type and design
of the building and overall project design, as established during
the site plan review and approval process. All fences and walls shall
be constructed when the development is constructed or design standards
shall be prepared by the applicant, subject to Planning Board or Board
of Adjustment approval.
(9)
Porches, decks, patios and terraces which complement
the architectural style and design of the building and the overall
project design established during the site plan review and approval
process. All decks, patios and terraces shall be constructed when
the development is constructed or design standards shall be prepared
by the applicant, subject to Planning Board or Board of Adjustment
approval. Patios or decks shall not be constructed closer than five
feet to the side of or rear property line for duplexes, triplexes
or townhouses.
(10)
All residential accessory storage structures
shall be attached to the principal dwelling or a detached garage.
Such structure shall be no taller than one story and shall be designed
as an integral part of the structure to which it is attached, including
the same exterior materials and color. No freestanding structures
of this type shall be permitted. The yard setback requirements for
such structure shall be the same as the structure to which it is attached.
(11)
All swimming pools and spas shall be in-ground
type and shall be located at least 10 feet from all property lines
and five feet from a dwelling. Spas, however, may be allowed above
ground if incorporated into an attached house deck, to be addressed
in design standards which shall be subject to Planning Board or Board
of Adjustment approval.
(12)
Other accessory structures (e.g., gazebo, arbor/trellis)
not otherwise enumerated above shall be addressed in design standards
prepared by the applicant, which shall be subject to Planning Board
or Board of Adjustment review and approval.
(13)
Trash and garbage collection areas which are
fully screened and constructed of materials that are compatible with
the structure to which it is associated.
(14)
Loading areas which are fully screened such
that the screening materials are compatible with the structures to
which they are associated.
(15)
No outside storage trailers or bins are permitted.
(16)
Community recreational facilities for the use of residents and
their guests.
[Added 5-22-2018 by Ord.
No. 2018-05]
D.
Conditional uses.
(1)
Duplex, triplex and townhouse dwelling units
subject to the required transfer of residential development potential,
which is a form of noncontiguous clustering, from properties in the
AG Agricultural Zoning District, the MZ Mountain Zoning District,
the CDZ Corporate Development Zoning District and farmland assessed
properties in other residential districts which meet certain requirements
to sites incorporating residential developments in TC Town Center
District and subject to the following requirements:
[Amended 8-10-2010 by Ord. No. 2010-24; 9-22-2020 by Ord. No. 2020-24]
(a)
Duplex and triplex dwellings, pursuant to Tables
1 and 2,[2] respectively, as freestanding non-mixed-use(s), and only
when such proposed use(s) are located wholly within 150 feet of an
existing residential district or directly across the street from such
a district.
[1]
A duplex residential dwelling shall
be defined as a building containing two single-family dwelling units
totally separated from each other by an unpierced wall extending from
ground to roof.
[2]
A triplex residential dwelling
shall be defined as a building containing three single-family dwelling
units totally separated from each other by an unpierced walls extending
from ground to roof.
[2]
Editor's Note: Tables 1 and 2 are included
at the end of this chapter.
(b)
Townhouses, pursuant to Table 3,[3] as freestanding non-mixed-use(s), and only when such proposed
use(s) are located wholly within 150 feet of an existing residential
district or directly across the street from such a district.
[3]
Editor's Note: Table 3 is included at the end of this chapter.
(c)
The transfer of residential development potential
is intended to provide an opportunity to create residential development
potential that advances the goals of resource conservation and protection
in the Township while supporting the goals and policies of the Master
Plan, subject to the following requirements:
[1]
Residential units shall only be
permitted on a one-for-one basis from residential development potential
transferred from a property or properties in the AG, MZ and CDZ Districts
or farmland assessed property in other residential districts which
meet certain requirements as contained in Subsection D(2)(c)[3] below.
[2]
The development tract (receiving
tract) on which town center development is proposed shall be joined
in a single application with the preservation tract(s) [sending area(s)].
[3]
Allocation of standards for the
transfer of residential development potential to town center developments
is as follows:
[a]
Land in the AG District is allocated
one dwelling unit per 6.25 acres.
[b]
Land in the MZ District is allocated
one dwelling unit per 15 acres.
[c]
Farmland assessed property in other
residential districts which exceeds 20 acres is allocated one dwelling
unit per two acres.
[d]
Although the CDZ District does
not permit residential development, the development potential that
exists can be reallocated and transferred at a density of one dwelling
unit per 6.25 acres.
[e]
The owner of the land from which
residential development potential has been obtained shall deed restrict
the use of that land in perpetuity to those resource conservation
uses authorized and enumerated in the sale or conveyance of the residential
development potential.
[f]
An applicant to build a fully conforming development on the
current site of the Hillsborough Elementary School, who provides the
land for, and either fully funds or constructs a new public school
on that land (subject to the approval of the Board of Education) will
receive a bonus of three additional dwelling units, to be constructed
in the Town Center District, for each acre of land provided for the
new school.
(d)
An affordable housing set-aside of 10% shall
be provided where five or more residential units are created. Affordable
units shall be proportionally distributed among the permitted dwelling
types.
(e)
No more than 150 dwelling units may be transferred
into the TC District utilizing the transfer of residential development
potential.
(2)
Other permitted conditional uses. Any bulk requirements not specifically enumerated in Subsection D(2) for any other permitted conditional use shall be as provided in Subsection E.
(a)
A drive-through facility for shopping center pad sites only, subject to the architectural standards located in Subsection H(2) below. Up to four pad-site buildings shall be permitted in an existing permitted shopping center which shall be located along the frontage of Route 206. A pad-site building shall not exceed 15,000 square feet of gross floor area, nor shall such building exceed 150 feet along its longest length.
(b)
Off-street parking in elevated structures, subject
to the following standards:
[1]
A parking structure no taller than
15 feet (i.e., on grade plus one elevated level) shall be a permitted
conditional use if such structure(s) is/are located behind the associated
principal building(s) and is/are well screened thereby from the existing
public right-of-way.
[2]
Parking structures shall be architecturally
compatible with primary on-site buildings and structures. The location
of parking structures shall be limited by minimum setback requirements
to assure adequate shielding from off-site views from surrounding
residential neighborhoods. Ample landscape screening shall be provided
by the applicant to soften visual impacts associated with the construction
of parking structures.
[3]
Parking structures shall be included
as part of the building coverage calculation.
[4]
The development phasing schedule
shall include the construction of parking structures in one of the
early phases and prior to the issuance of a certificate of occupancy
for any of the last 50% of the associated land uses.
(c)
Off-street parking located underneath buildings
and fully screened from the existing public right-of-way(s).
(3)
A single-use multifamily building constructed as part of an existing shopping center as identified in Subsection B(18) above in accordance with the following conditions.
[Added 5-22-2018 by Ord.
No. 2018-05; amended 9-22-2020 by Ord. No. 2020-24]
(a)
There shall be a minimum of 90,000 square feet of existing retail/commercial
space in the shopping center at the time of application to the Planning
Board, which shall not be reduced to less than 86,000 square feet
following the construction of the multifamily building.
(b)
The single-use multifamily building shall be located to the
rear of or in line with an existing mixed-use or retail/commercial
building on the tract, regardless of the existing front yard setback.
In no case shall a single-use multifamily building front on either
Route 206 or Amwell Road.
(c)
The maximum number of dwelling units in the multifamily building
shall be 44.
(d)
A minimum of 25% of the total number of residential units on the tract shall be low- and moderate-income units in accordance with applicable affordable housing regulations, including but not limited to Article VII of this chapter.
(e)
The single-use multifamily building shall be designed as an
integral component of the shopping center with pedestrian connections,
green areas, and plazas providing direct access to the retail/commercial
uses.
(f)
The single-use multifamily building shall otherwise conform
to all other applicable TC standards.
E.
Area, yard and bulk regulations.
(1)
Minimums.
(a)
Lot area: two acres.
(b)
Lot width: 150 feet.
(c)
Lot depth: 250 feet.
(d)
Front yard setback: zero feet.
(e)
Side yard setback: zero feet, unless abutting
a residential zone or an existing building, in which case the side
yard setback shall be 10 feet.
(f)
Rear yard setback: the minimum rear yard shall
be 25 feet, unless abutting an existing residential zone, in which
case the rear yard setback shall be 50 feet.
(g)
Accessory structures shall be located in the
rear yard with no minimum rear yard setback, unless abutting an existing
residential zone, in which case the minimum rear yard setback shall
be 10 feet.
(h)
Building height: two stories of usable floor
area and not less than 85% of the usable first floor area. In no event
shall a one-story building be permitted in the TC District.
(i)
No less than 15% of the property (excluding existing and proposed
road rights-of-way) shall be devoted to conservation, open space,
drainage and/or recreational purposes and may include vegetated roofs
and pedestrian plazas. Individual duplex, triplex, and townhouses
are exempted from this requirement.
[Added 9-22-2020 by Ord.
No. 2020-24]
(2)
Maximums.
(a)
Impervious coverage: 85%.
(b)
Front yard: five feet for nonresidential and
mixed-use buildings and 10 feet for multifamily buildings.
(c)
Building height: three stories or 45 feet permitted
throughout the TC Town Center District except for architectural features
which enhance the appearance of Town Center and where otherwise indicated
for duplex, triplex and townhouse dwellings, but do not contain usable
floor area, and which may not exceed 55 feet in height. Architectural
features include, but are not limited to: cupolas, towers and other
roofline projections.
(3)
Buffer areas shall be at least 25 feet wide
and are required along all property lines abutting any residential
district, around loading and trash collection points and along street
lines where residences or residential zoning is located across the
street.
(4)
The building square footage associated with
an enclosed second- or third-floor breezeway or exterior hallway connection
between mixed-use and nonresidential buildings shall be permitted
and the proposed size shall not be included in the impervious coverage
or floor area calculations.
(5)
Nonresidential and mixed-use building size limitation:
No individual nonresidential or mixed-use building footprint shall
exceed 20,000 square feet nor shall any single nonresidential or mixed-use
building exceed 200 feet along its greatest length.
F.
Parking requirements.
(1)
On-street parking, where provided within 250
feet of any permitted uses, may count towards the required number
of nonresidential off-street parking spaces. The Planning Board or
Board of Adjustment may, in its discretion, elect to give such spaces
on-street parking credit; deny any credit for such spaces; give partial
credit for such spaces depending on the use of the property upon which
they front and the uses of intervening properties located between
the property seeking to apply the spaces toward its parking need and
the spaces themselves. Creation and maintenance of public transportation
options may be used in lieu of some parking needs where such a program
is proposed and reviewed by the Planning Board or Board of Adjustment
as to the short- and long-term viability of any such plan.
(2)
The overall intent for the provision of parking
in the TC Town Center District is to balance the mix of uses with
available parking opportunities both on and off street. The minimum
number of required off-street parking spaces for the permitted uses
in the TC Town Center District is as follows:
(a)
Retail and service establishments at three spaces
per 1,000 square feet of gross floor area.
(b)
Office, bank, fiduciary institution at three
spaces per 1,000 square feet of usable floor area.
(c)
Medical office at four spaces per 1,000 square
feet of usable floor area.
(d)
Business service and personal service establishments
at three spaces per 1,000 square feet of gross floor area.
(e)
Public and civic uses at three spaces per 1,000
square feet of usable floor area.
(f)
Theater at three spaces per 1,000 square feet
of usable floor area.
(g)
Residential in accordance with the Residential
Site Improvement Standards.
[Amended 5-22-2018 by Ord. No. 2018-05]
(h)
Restaurant at four spaces per 1,000 square feet
of usable floor area.
(i)
Live/work dwelling units at two spaces per dwelling
plus one space per employee.
(j)
Child-care and elder-care centers at one space
per employee plus one space per 10 persons enrolled.
(k)
Commercial instructional activity at three spaces
per 1,000 square feet of usable floor area.
(3)
If the applicant can demonstrate that not all
of the required parking spaces are necessary at the time of initial
occupancy and operation of the use(s), then the additional required
parking which is demonstrated as not needed may be "banked" or reserved
for future parking on a space-per-space basis. The location of future
parking areas shall be indicated on the site plan and left and maintained
as landscaped areas. The methodology used by the developer to calculate
the reduced number of parking spaces shall take into consideration
the methods recommended in "Shared Parking," published by the Urban
Land Institute (1984), or other recognized standards acceptable to
the Planning Board or Board of Adjustment.
(4)
The number of required parking spaces may be
reduced on a space-per-space basis if the applicant can demonstrate
that suitable alternative parking spaces are located within close
proximity to the subject property or site, through a shared parking
arrangement with an adjoining use and/or land area. Those spaces,
to be counted towards this shared parking arrangement, must be demonstrated
to be available during the hours of operation of the affected uses,
and access to those spaces must be provided for vehicles and pedestrians
in a safe and efficient manner, including shared driveways and interconnected
walkways where possible. A minimum twenty-five-year lease shall be
provided. A site plan shall be submitted to the Planning Board or
Board of Adjustment and shall be subject to its approval.
(5)
The Township Zoning Officer shall conduct site
visits to confirm that the parking remains sufficient to meet the
needs of the development. If the Zoning Officer determines, after
three separate site visits, that the parking is inadequate, the applicant
shall be so informed. The applicant shall then have 45 days to submit
to the Planning Board or Board of Adjustment either a technical report
prepared by a New Jersey-licensed engineer who is an expert in traffic
substantiating that additional parking is not now needed or a site
plan delineating which of the land-banked parking will be constructed
along with a specific timeline for the construction of same. Either
submission shall be subject to approval by the Planning Board or Board
of Adjustment.
G.
Supplemental regulations.
(1)
Definitions and standards for a tract upon which
a town center development may be developed:
(a)
For the purpose of town center development, a "tract" shall be defined as an area of land comprised of one or more adjacent lots which together have sufficient dimensions and area to make one parcel of land meeting the requirements of Subsection G for the use(s) intended.
(b)
The original land area may be divided by existing
street(s), except for Route 206, and still be considered one tract,
provided that the frontages on both sides of the street are opposite
one another for a sufficient distance to enable a convenient, safe
street system from one side to the other.
(c)
The land area of any existing streets shall
not be included in calculating the area of the tract.
(2)
General procedures. The requirements in the Architectural and Site Design Overlay Zone, as contained in §§ 188-167 to 188-175,[4] shall apply, except as otherwise provided in the TC Zone
District requirements.
(a)
Any development application in the TC Town Center
District shall be informally submitted, initially, as a concept plan
showing proposed buildings, roads, parking and other site improvements
and how the proposed development is in keeping with the concepts enunciated
in the Township's Master Plan Amendment — Phase 2, dated October
2005, and how the proposed plan would work with the future development
of adjoining or otherwise affected land parcels.
(b)
Following this initial conceptual review and
discussion with the Planning Board, the development application shall
be formally submitted as either a planned development or, in the nature
of a site plan and/or subdivision application. Such application shall
describe the relationship to and support of the adopted Township Master
Plan Amendment as well as any phasing of the proposal together with
any on-site and off-tract improvements needed to support such phases.
The application for preliminary site plan approval may also include
a request for final approvals with respect to such phase or phases.
(c)
In the event any single property owner or consortium
of property owners owns properties consisting of two acres or more,
it or they may apply to the Planning Board for general development
plan approval for its or their portions of the town center. Those
property owners or consortium of property owners who do not obtain
a general development plan approval for their property shall be required
to obtain site plan and/or subdivision approval as may be required
by law in addition to complying with the conditions of this TC Town
Center District.
(d)
All applications for development of any subsection
of the TC Town Center District shall be required to submit a phasing
schedule unless said application is for a single property of less
than two acres. In the event the application consists of approval
for a site consisting of property of at least two acres and the plan
pertaining to said area consists of both residential and nonresidential
uses, the phasing schedule shall incorporate the specific mechanism
for residential development in conjunction with the build-out of the
nonresidential portion of the applicable site so as to ensure the
balanced development of the property for both residential and nonresidential
purposes.
(e)
A planned town center development shall be subject
to the requirements of this Zone and to the mandatory findings for
a planned development as required by the Municipal Land Use Law at
N.J.S.A. 40:55D-45.
(f)
A town center development shall conform to a
general development plan approved by the Planning Board pursuant to
the applicable provisions contained in the Township's Land Development
Ordinance and in accordance with the bulk requirements for permitted
uses.
(3)
General design requirements and phasing.
(a)
A town center development shall be conceived,
designed, subdivided, site planned and approved by the Planning Board
or Board of Adjustment as a single complex according to a comprehensive
site development plan. In addition, site landscaping, building design,
and common area maintenance guideline control standards shall be established
by the applicant and approved by the Planning Board or Board of Adjustment.
(b)
The entirety of a town center development shall
be developed with a common architectural theme which shall be part
of the site plan approval process by the Planning Board or Board of
Adjustment. The architectural theme shall include buildings, signing,
fencing, lighting, paving, curbing, landscaping and other similar
and related physical features. Each applicant should carefully review
the Township Master Plan Amendment — Phase 2, dated October
2005, for guidance in this effort.
(c)
Residential uses shall not be permitted on either
the first floor or the same floor as office or commercial space in
mixed-use buildings with the exception of access points such as lobbies
and hallways, and amenities such as community rooms and gyms, servicing
the residential units.
[Amended 9-22-2020 by Ord. No. 2020-24]
(d)
The Planning Board or Board of Adjustment shall
review and approve a phasing plan prepared by the applicant. The phasing
plan shall ensure that development in the TC Town Center District
shall be consistent with the development of infrastructure and supporting
services and the sound management of growth in the Township. The phasing
plan shall indicate the approximate date(s) when construction of the
town center development and phases thereof, including the mix of residential
and commercial, will be initiated and completed.
(4)
Building design and use.
(a)
The treatment of side and rear walls of any
proposed building in terms of building materials and colors shall
be similar to and consistent with the treatment of the front facade
of that building.
(b)
Nonresidential, mixed-use, multifamily and/or
duplex, triplex and townhouse buildings shall reflect the following
design elements:
[Amended 9-22-2020 by Ord. No. 2020-24]
[1]
Exterior elevations shall have
vertical and/or horizontal offsets to create visual breaks on the
exterior.
[2]
A variety of building setbacks,
rooflines, color schemes, elevations, and heights shall be required
in the development to avoid an overly repetitious and monotonous streetscape.
[3]
The exteriors of all buildings
in the development, including any permitted accessory buildings, shall
be architecturally compatible and be constructed of complementary
materials. Design guidelines for future building improvements shall
be prepared by the applicant to ensure the ongoing design integrity
of the development.
[4]
Architectural detail, style, color,
proportion, and massing shall reflect the features of a traditional
town center development.
[5]
Natural materials such as stone,
wood and masonry are recommended. High quality man-made siding materials,
such as "Hardi-Plank," are permitted. Stucco, vinyl, aluminum or similar
materials are prohibited. Aluminum may be used for flashing and wall
opening trims.
[6]
A minimum of 6:12 pitched roofs
along all facades are required and steeper roofs, where feasible,
are recommended. Roof pitches shall generally be consistent throughout
the development. Peak roofs are encouraged. Mansard-type roofs are
prohibited. Interior flat roof treatments may be allowed if the applicant
is able to show that all observable facades have pitched roofs and
that all rooftop equipment is completely screen from public view.
[7]
Dormers, gables and articulated
windows across a building facade, and other similar design features
are strongly encouraged as is an orderly relationship among all windows,
doors, porches, and roof forms.
[8]
Roof materials shall be standing-seam
metal, artificial slate, wood shingles (but not hand-split wood shakes)
and architectural fiberglass shingles.
[9]
Windows shall comprise at least
25%, but no more than 50% of upper facades visible from public rights-of-way
and shall reflect a rhythm, scale and proportion compatible with the
overall building design.
[10]
Buildings located at corners of
road intersections shall serve as gateways distinguishable from the
rest of the buildings. As such, heights at corners shall be allowed
greater flexibility as long as architectural design elements reinforce
the corner location and are pedestrian-friendly. The roof design shall
emphasize the corner.
[11]
All buildings along existing Route
206 (Main Street) shall incorporate a traditional storefront design
with large display windows of clear glass, recessed entries (where
appropriate), transom windows, and suitable locations for signs at
their ground levels.
[12]
Multiple storefronts within the
same building shall be visually compatible in terms of scale, alignment,
color and materials.
[a]
Minimum distances between nonresidential
and mixed-use buildings shall be measured horizontally in feet and
shall be measured away from the front, side and rear of each building.
The distance, at the closest point, between any two buildings shall
not be less than 20 feet. In the case of two or more buildings being
connected through the use of a breezeway or similar feature, the minimum
distance between buildings may be reduced but shall not be less than
10 feet.
[b]
The front facade of a duplex, triplex
or townhouse unit shall reflect a traditional town center character.
Awnings, open and usable porches (minimum eight-foot depth), stoops,
bay windows and/or balconies and other decorative entries are required
and may encroach into building setback lines. The rear elevations
of these structures shall have substantial architectural features
to preclude flat and monotonous elevations. Compliance with these
requirements shall be subject to approval by the Planning Board or
Board of Adjustment.
[c]
Garages are prohibited along the
main front facade of duplex, triplex or townhouse units. Garages may
be in the side or rear yards only. Windows are encouraged in the walls
of such garages to admit light and eliminate blank walls. Sufficient
storage area to accommodate tools, auto accessories, trash/recyclable
materials storage, lawn and garden maintenance equipment shall be
considered in sizing the garage so that an additional accessory storage
structure will not be necessary. Individual bay overhead garage doors
are strongly encouraged. Detached garages shall be offered as a permitted
option.
[d]
All duplex, triplex and townhouse
units are encouraged to have clearly defined front yards using hedging,
fencing, brick or stone wall, none of which shall exceed three feet
in height.
[e]
All duplex, triplex and townhouse
dwelling units shall have private outdoor space, which may include
a deck, patio and/or terrace. Such outdoor space shall be enclosed,
as appropriate, by a decorative wall or fence, evergreen hedge, or
combination thereof.
[f]
Townhouse buildings shall consist
of no more than eight townhouse dwelling units in order to prevent
the development of long and monotonous buildings. There shall be different
roofline heights and vertical offsets in each overall townhouse building.
No more than two adjacent townhouse units shall have the same building
offset, which shall vary by at least four feet.
(5)
Site design.
(a)
When appropriate and feasible, the TC Town Center
District shall be divided into blocks, streets, lots and open space,
and the scale and massing of buildings on any given street shall be
harmonious.
[Amended 9-22-2020 by Ord. No. 2020-24]
(b)
Buildings and site improvements shall be designed
to minimize changes to existing topography and loss of or damage to
existing mature trees.
(c)
All permitted uses shall be conducted within
completely enclosed buildings, unless otherwise specified herein.
(d)
Nonresidential and mixed-use buildings shall
be oriented to the street which shall include, as a minimum, their
front facades.
(e)
Buildings on corner lots with frontage on existing
Route 206 (Main Street) shall orient their longest facade along existing
Route 206 (Main Street). In all instances, these buildings shall have
at least one principal pedestrian entrance on the primary street serving
the site.
(f)
The location of nonresidential, multifamily,
and mixed-use building entrances and orientation of buildings shall
minimize the walking distances from building to building. Buildings
with more than one facade facing a public street, parking lot, open
space area, or plaza and square, shall provide front facade treatments
for each such facade.
[Amended 9-22-2020 by Ord. No. 2020-24]
(g)
The layout of nonresidential, mixed-use, and
residential buildings and parking areas shall be designed so as to
provide an aesthetically pleasing and efficient arrangement.
[Amended 5-22-2018 by Ord. No. 2018-05]
(h)
Nonresidential, multifamily, and mixed-use buildings
shall be arranged to substantially eliminate public visibility of
service areas from streets, customer parking areas and adjacent properties.
[Amended 9-22-2020 by Ord. No. 2020-24]
(i)
Nonresidential, multifamily, and mixed-use buildings
shall be provided with off-street loading and service areas separate
from parking areas and shall be situated as much as possible to the
rear of the building to the extent practicable and out of the general
traffic flow.
[Amended 9-22-2020 by Ord. No. 2020-24[
(j)
The primary entrances to each building shall
accommodate pedestrian access from both public streets and off-street
parking lots.
(k)
Secondary public entrances, if provided, shall
be designed in a manner consistent with primary entrances if visible
from public streets and/or parking lots.
(l)
Street-level storefronts and building entrances
shall be open and inviting to pedestrians and shall feature no less
than four of the following:
[1]
Canopies or porticos.
[2]
Substantial overhangs.
[3]
Prominent recess(es)/projection(s).
[4]
Arcades.
[5]
Raised corniced parapets over the
door.
[6]
Display windows.
[7]
Peaked roof forms.
[8]
Arches.
[9]
Outdoor patios.
[10]
Architectural details such as
tile work and moldings which are integrated into the building.
[11]
Integral planters or wing walls
that incorporate landscaped areas and/or places for sitting.
[12]
Walls or windows facing the street
which open onto the sidewalk enabling open air dining in conjunction
with eating establishments that otherwise may or may not have sidewalk
seating.
(m)
Buildings located and oriented around open space
shall have awnings, canopies and/or colonnades. Stationary aluminum
or metallic awnings shall be prohibited.
(n)
Eating and drinking establishments shall be permitted to operate outdoor cafes as provided in Subsection C(6).
(o)
Special raised-ground-texture treatment shall
be required for pedestrian crossings in streets.
(p)
Air-conditioning units, heating, ventilation
and air-conditioning (HVAC) systems, exhaust pipes or stacks, satellite
dishes and other telecommunications sending-and-receiving devices
shall be fully screened or otherwise specially treated so as to be
substantially inconspicuous as viewed from the public right-of-way,
parking lots and adjacent properties.
(q)
The Planning Board or Board of Adjustment may
limit hours of operation, hours when trucking and deliveries occur,
and other characteristics of the nonresidential uses in order to enhance
the compatibility with residential uses.
(r)
Design methods to reduce energy consumption
are encouraged. Energy conservation methods may include, but not be
limited to, natural ventilation of structures, location or placement
of structures in relation to prevailing breezes and sun angles, insulation
of structures, use of landscape materials for shade and transpiration,
and orientation.
(6)
Central town center features.
(a)
Each town center development shall contribute
to the establishment or enhancement of community and public spaces
by providing at least three of the following:
[1]
Patio/seating area.
[2]
Pedestrian plaza with benches.
[3]
Transportation center or shelter.
[4]
Public art display.
[5]
Outdoor playground area.
[6]
Kiosk area.
[7]
Water feature.
[8]
Tower.
[9]
Other such deliberately shaped
area and/or focal feature or amenity that, in the judgment of the
Planning Board or Board of Adjustment, adequately enhances such community
and public spaces.
(b)
Any such area shall have direct access to the
public sidewalk network, and such features shall not be constructed
of materials that are inferior to the principal materials of the building
and landscape.
(c)
A pedestrian plaza shall be constructed as an
integral part and serve as the visual focus of the development as
well as providing a site-organizing element for the development. Pedestrian
connections to and through the plaza shall be provided.
(d)
A pedestrian plaza shall include a street on
at least one side and be surrounded by nonresidential and mixed-use
buildings.
(e)
Design elements in pedestrian plazas, such as
patterns in pavement, a fountain, gazebo, sculpture, bollards, sitting
areas and landscaping shall be incorporated into the design of the
plaza.
(7)
Transportation.
(a)
The applicant shall be required to submit a
detailed traffic study that addresses all forms of transportation,
including bicycle and pedestrian access, in showing the project's
impact on the existing surrounding roadway network which includes,
but is not necessarily limited to, the Route 206/Amwell Road and the
Route 206/New Amwell Road intersection and the above road cartways
themselves. The applicant's traffic study shall incorporate ingress
and egress features that minimize the impact of traffic from the development
onto the existing, surrounding roadway network. An off-site contribution
shall be assessed for any off-site improvements needed to maintain
an acceptable level of service, with review input from the Township
Engineer.
(b)
Vehicular access to and from a town center development
to a public street shall be limited to the fewest necessary number
of curb cuts as is generally depicted in the Township's Master Plan
Amendment — Phase 2, dated October 2005.
(c)
Culs-de-sac, gated or dead-end streets are not
permitted.
(d)
Shared driveways that serve more than one property
shall be provided where appropriate. Cross-access documentation shall
be required between adjoining properties.
(e)
Pedestrian and/or bicycle connections to the
primary public entrance of the building shall be provided.
(f)
Site planning shall address the need for bicycle
racks and/or lockers, i.e., location, number and design.
(g)
All portions of the development site shall be
linked via a sidewalk and pathway network as approved by the Planning
Board or Board of Adjustment; the site shall be pedestrian-oriented,
with a design that enables and encourages pedestrian and bicycle circulation,
with linkages to surrounding areas.
(h)
Where a service or commercial lane or access
drive is incorporated into the design, the Planning Board or Board
of Adjustment may further restrict the number of curb cuts.
(i)
Alleys are permitted and encouraged at appropriate
locations.
(j)
The applicant shall actively pursue public transportation
service in conjunction with bus stops and/or shelters to be planned
for the entire town center development. Bus stop locations shall be
coordinated with New Jersey Transit. The Planning Board or Board of
Adjustment may require shelters, benches, lighting, trash receptacles,
signage and landscaping.
(8)
Route 206 right-of-way.
(b)
A minimum fifteen-foot-wide sidewalk area with
a single row of street trees and curbing shall be provided along property
frontage.
(c)
Future reservation shall be provided for an
eight-foot-wide parallel on-street parking strip when existing Route
206 is changed in function as a result of the completion of the Route
206 bypass or its equivalent.
(d)
Future reservation shall be provided for a six-foot-wide
bike lane when existing Route 206 is changed in function as a result
of the completion of the Route 206 bypass or its equivalent.
(e)
Fourteen-foot-wide curbed grass medians with
left turn lanes at each major intersection shall be provided.
(9)
Amwell Road right-of-way.
(10)
(11)
(12)
Landscaping.
(a)
A landscape plan shall be provided for the entire
site and shall be prepared by a licensed landscape architect.
(b)
All trees planted in front of buildings shall
be at least three to 3 1/2 inches in caliper and single-stemmed
street trees at the time of planting. All other trees shall be 2 1/2
to three inches in caliper or multistemmed and at least 10 to 12 feet
tall at the time of planting, unless otherwise provided by these standards.
(c)
Existing trees having a DBH (diameter-at-breast-height,
measured at 4 1/2 feet above ground level) over six inches shall
be preserved unless removal is approved by the Planning Board or Board
of Adjustment. If a preserved tree dies, it must be replaced with
a minimum four-plus-inch caliper tree of the same or similar tree
species, subject to approval by the Township Planning Department.
(d)
Impervious materials shall not be placed over
the critical root zone of a preserved tree. The critical zone is at
least a ratio of one-inch DBH to one-foot radius around the tree or
three feet beyond the dripline of the outermost branches of the tree,
whichever is larger. Man-made pervious materials other than mulch,
shrubs, flowers or ground covers shall be approved by the Planning
Board or Board of Adjustment.
(e)
All exposed soil areas shall be covered with
bark, mulch, ground cover, or other weed-control measures as approved
by the Planning Board or Board of Adjustment.
(f)
A single row of canopy trees shall be planted
along property lines abutting a street at a ratio of one tree for
every 40 linear feet within a minimum ten-foot-wide planting strip.
(g)
Canopy trees shall be planted within the front
yard setback area.
(h)
Detention basins, headwalls, outlet structures,
concrete flow channels, riprap channels, and other drainage improvements
shall be screened with plant materials and/or berms. Such drainage
structures, as appropriate, shall be situated in the least visible
location or, if visible, incorporated into the natural curves of the
land. Detention basin embankments and the basin itself shall be extensively
landscaped with wet site tolerant plant material, with the intention
of recreating a seasonal and high water wet ecosystem. The detention
facility shall be sized to accommodate the future growth of vegetation
planted in the basin.
(13)
Off-street parking design.
(a)
Parking areas shall be designed as a series
of small lots that provide space for no more than 20 cars for double-sided
parking and 10 cars for single-sided parking. The small parking lots
shall be separated by minimum five-foot-wide (exclusive of curbing)
internal planting areas that feature trees planted in grass or other
Planning Board- or Board of Adjustment-approved landscape material,
as appropriate.
(b)
Parking areas shall be located behind or on the side of buildings and subject to appropriate screening requirements as provided in Subsection G(13). Parking areas shall not be located between the roadway and front of any buildings.
(c)
All parking areas, where visible from a public
street, shall be screened by a five-foot-high solid wall, architectural
fence and/or solid evergreen hedge as approved by the Planning Board
or Board of Adjustment.
(d)
One canopy tree shall be provided at a ratio
of one tree to every four parking spaces in the parking area.
(e)
Each parking space shall be within 50 feet of
a planted or retained tree.
(f)
Where slopes of 5% or greater exist, parking
bays shall be terraced, with planting between changes in level.
(g)
Where over 100 parking spaces are provided,
clearly demarcated pedestrian pathways identified with small-scale
pavement (pavers or scoring) oriented toward the principal building
entrances shall be provided.
(h)
Each separate planting area shall have a minimum
of 150 square feet per tree and shall have a minimum dimension of
at least five feet.
(i)
In addition to required trees, where approved
by the Planning Board or Board of Adjustment, as appropriate, planting
areas shall be landscaped with low shrubs, ground cover, or other
approved landscaping materials that will not exceed 3 1/2 feet
in height at maturity.
(j)
Where parking is adjacent to a public right-of-way,
a ten-foot-wide landscape buffer shall be provided between the edge
of the right-of-way and the edge of the parking lot. In addition to
the required trees and screening, the buffer shall consist of one
of the following:
[1]
A solid wall or architectural fence
five feet high.
[2]
Landscaping of at least one shrub
every three linear feet in the form of an evergreen hedge five feet
high.
[3]
Berming at least three feet high.
Berms shall be planted with ground covers, shrubs, and trees so as
to provide a substantially solid screen five feet high.
(k)
Parking areas shall be designed to be interconnected
with adjacent properties and shall utilize common entrances and exits
where feasible to minimize access points to the street. Such interconnections
shall be established through an appropriate cross-access easement.
The use of rear lanes or commercial service roads is encouraged to
avoid individual curb cuts onto Route 206, Amwell Road and any new
Master Plan road or street.
(l)
Shared parking shall be required on site for
multiple-use properties and is encouraged between properties. The
appropriate board shall approve a reduced parking ratio subject to
a parking utilization study prepared by the applicant.
(m)
Large undivided parking lots are prohibited.
Large parking areas shall be functionally divided by internal circulation
corridors or aisles to establish several smaller lots to prevent random
or high-speed movements and to provide for the planting of street
trees and other landscaping. The recommended maximum number of spaces
within such a sublot, or lots separated by an island or planting strip,
shall be 100 spaces, with 50 or fewer preferred. End aisles should
be delineated by a landscaped island not by painted asphalt.
(n)
There shall be a comprehensive network of sidewalks
and pedestrian passageways that connect the parking lots with the
front, sides and rear of the buildings. The sidewalks and passageways
shall be linked to other off-site pedestrian connections where appropriate,
based on proximity to existing residential areas, proposed intended
use of the building, and provision of existing or planned pedestrian
or bicycle improvements.
(o)
Pedestrian passageways shall connect rear parking
lots between buildings with textured walking surfaces, street furniture
and landscaping. In addition, the design of the building may incorporate
window displays, side door entrances, or other interesting features
along the passageway. Lighting should be provided for all parking
facilities and sidewalks.
(p)
All lighting fixtures located in parking lots must utilize LED
lighting systems. The freestanding light fixtures shall be similar
to the Teardrop Model TF3 by HADCO. The height of such lights shall
not exceed 12 feet.
[Added 9-22-2020 by Ord.
No. 2020-24]
(14)
Pedestrian circulation.
(a)
Paving materials shall identify pedestrian circulation
areas within the parking lot.
(b)
Pedestrian walkways, at least five feet in width,
shall connect public sidewalks to parking areas, public and civic
spaces and other locations where public sidewalks are not otherwise
provided.
(c)
Along building facades with a public customer
entrance and along any facade abutting public parking areas, public
sidewalks at least five feet in width shall be provided along the
full length of the facade, except that sidewalks at least 12 feet
in width shall be provided along existing Route 206 (Main Street)
and Amwell Road.
(d)
The following features should be addressed in
conjunction with walkways and sidewalks as follows:
[1]
Landscaped areas may be provided
along at least 30% of the length of the property frontage.
[2]
Use of smaller scale pavement (pavers
or scoring); along the first five feet in from the curb is required,
subject to the approval of the Architectural and Site Design (ASD)
Subcommittee.
[3]
Pedestrian-scale lighting is required
in alleys and pedestrian plazas.
[4]
Rain protection (awnings, arcades)
is encouraged.
[5]
Street trees are required to be
planted along the first five feet in from the curb.
(e)
Common areas shall be accessible from all buildings
and connected by a comprehensive, on-site pedestrian circulation system.
Clearly defined buffers that enhance the attractiveness of the streetscape
and promote pedestrian safety shall be used. Sidewalks and plazas
should be made comfortable for use by pedestrians through the use
of landscaping, overhangs and canopies in order to provide shade and
non-heat-absorbing materials. Pedestrian circulation layout on any
development site should take into account on-site generators of pedestrian
movement such as open spaces, schools, retail centers, and bus stops.
(15)
Decorative walls, fences and screening design.
(a)
Decorative walls and fencing may be required
by the Planning Board or Board of Adjustment to complement the structure
style, type and design of the principal structure.
(b)
Walls and fencing are allowed only in side and
rear yards and behind the front building line, with the exception
of outdoor eating and play areas.
(c)
Walls and fencing shall be constructed of durable
high-quality materials and shall display a high quality in finish
and detail; made of masonry, ornamental metal, wood, or a combination
of these materials.
(d)
Walls and fencing greater than 50 feet in length
shall have a change in plane, height, material, or material texture,
or significant landscape massing.
(e)
Planting shall be considered as part of any
wall or fence plan.
(16)
Loading, outdoor storage, and service areas.
(a)
Where these areas face adjacent residential
uses or public rights-of-way, architectural walls or fences no less
than six feet in height shall be provided.
(b)
No areas for outdoor storage, trash collection
or compaction, loading, or other such uses shall be located within
10 feet of any public sidewalk or 25 feet from any public right-of-way
and said 25 or 10 feet shall be landscaped with trees, shrubs and
grounds covers so as to provide a buffer area between the public right-of-way
or sidewalk.
(c)
Materials, colors, and design of screening walls
and/or fences shall conform to those used as predominant materials
and colors on the principal building.
(d)
Service functions shall be incorporated into
the overall design of the building and landscaping so that they are
fully contained and out of view from adjacent properties and rights-of-way.
(e)
Truck delivery and circulation routes shall
be separated from customer circulation. Pullover or lay-by short-term
pickup and dropoff areas may be provided as long as they do not substantially
interfere with either vehicular or pedestrian traffic flow.
(f)
No delivery, loading, trash removal or compaction,
or other such operations shall be permitted between the hours of 10:00
p.m. and 7:00 a.m. unless the applicant or developer submits evidence
that sound barriers between all areas for such operations or use effectively
reduce noise emissions to a level of 45 dB or less, as measured at
the lot line of any adjoining residential property of zone district.
(17)
All utilities shall be installed underground
where feasible, or relocated to a less visible location at the rear
of buildings fronting on existing Route 206 (Main Street) and Amwell
Road, and all uses shall be connected to approved and functioning
public water and sanitary systems. Prior to approval, an applicant
must obtain a certificate from the appropriate agency allocating capacity
in the system to the development.
(18)
Each permitted use shall provide for the orderly
deposit and pickup of refuse which is concealed from adjoining properties,
customer parking areas, and nearby roadways. No trash shall be allowed
to extend above or beyond the enclosure. This area shall be visually
screened by a decorative wall and landscaping. The overall design,
including materials and colors, shall be architecturally compatible
with the principal building and shall not be located within landscaped
buffer areas. Also, the applicant shall provide an effective litter
management plan, subject to Township review and approval. Such management
plan shall be submitted with an application for final site plan approval.
H.
Architectural standards.
(1)
Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements in the Architectural and Site Design Overlay Zone, as contained in §§ 188-167 to 188-175, shall apply, except as otherwise provided in the TC Town Center District requirements.
(2)
Requirements for establishments with drive-through
facilities.
(a)
A drive-through facility shall be architecturally
coordinated with and integrated into the principal building.
(b)
A drive-through facility shall only be permitted
if the permitted principal use it serves does not have direct vehicular
access to a public street.
(c)
A drive-through facility shall only be permitted
for a pad site associated with a permitted town center shopping center
with direct vehicular access thereto.
(d)
A drive-through facility shall not be located
on the street side of the building or in front of the front building
line.
(e)
A drive-through facility shall be permitted
only at locations where such facility is not a dominant visual element
within the TC Town Center District.
(f)
A drive-through facility shall be limited to
two service lanes.
(g)
A drive-through facility, accompanying driveway
and associated signage shall be set back a minimum distance of 50
feet from any land zoned for residential development.
(h)
A drive-through facility and associated signage
shall be provided with landscaping to visually enhance views of the
facility, signage and driveway as seen from the surrounding area.
(i)
A drive-through facility may be permitted, provided
that such facility does not adversely impede or conflict with pedestrian
and/or vehicular circulation in the area.
(j)
The Planning Board or Board of Adjustment shall
be satisfied that the on-site and off-tract traffic circulation is
capable of accommodating the proposed traffic volume associated with
such facility, particularly during peak hours. The stacking driveway
for the drive-through window shall provide room for at least five
automobiles and shall be separated from any off-street parking areas
and their access aisles, loading areas or trash enclosures.
(4)
Streetscape elements.
(a)
Lighting.
[1]
Lighting shall be the minimum required
for safety and shall be provided in the least intrusive manner. Traditional
freestanding light fixtures shall be required in parking lots and
along streets and pedestrian pathways. By way of example, a streetlight
and parking lot light fixture shall be similar to the Teardrop Model
TF3 by HADCO, which is a high quality freestanding light fixture appropriate
to a town center environment.
[2]
Streets, parking lots, intersections,
points where various types of circulation systems merge, intersect
or split, stairways, sloping or rising paths, and building entrances
and exits shall require illumination. Lighting shall be provided where
buildings are set back or offset if access is provided at such points.
[3]
Freestanding lights shall be located
and protected to avoid being easily damaged by vehicles or vandalized.
The height of such lights shall in no case be greater than 12 feet.
All lighting shall be serviced under ground.
[4]
The source of the illumination
for freestanding and building-mounted lights shall be shielded and
the style of the light and light standard shall be consistent with
the architectural style of the proposed structures. Diffusers and
refractors shall be installed to reduce unacceptable glare, particularly
adjacent to residential areas. Luminaires shall be translucent or
glare-free, using opaque glass or acrylic lenses.
[5]
Spotlight fixtures attached to
buildings and visible to the public are prohibited. Where lights along
property lines are visible from adjacent properties, the lights shall
be appropriately shielded and/or the mounting heights shall be reduced.
[6]
All lights under a canopy structure
shall be ceiling-mounted and recessed so the lens does not extend
beyond the ceiling so as not to produce glare.
[7]
Sidewalks and pathways may be lit
with low bollard-type standards, not to exceed two feet in height.
[8]
All proposed lighting plans shall
be accompanied by a point-by-point plan indicating numerical illumination
levels. The plan shall indicate the average, minimum, maximum and
minimum-to-maximum illumination levels for maintained footcandles.
(c)
Seating, benches and bus shelters.
[1]
Shall be grouped together as much
as possible and be placed at busier pedestrian nodes or gathering
places.
[2]
Shall be designed and placed appropriately
to provide an amenity to the public.
[3]
Can be manifested in permanent
planter edges.
[4]
Shall not obstruct views for vehicles,
sidewalks for pedestrians, or signs and displays for businesses.
[5]
Shall blend in with the surroundings
or be specified in a complementary accent color.
[6]
Bus shelter locations shall be
coordinated with streetscape design and shall include appropriate
signage, lighting, trash receptacles, benches, landscaping and access.
(e)
Kiosks.
[1]
Shall be used for retail purposes,
limited to the sale of non-food items, or to impart community information
to the public.
[2]
Shall be positioned to complement
and respect other street furnishings such as benches and lighting.
[3]
Shall be accessible and attractive
from all sides and well illuminated.
[4]
Shall be flexible to allow for
up-to-date information.
[5]
Shall consider fixed kiosks to
project a sense of permanence with other fixed surroundings.
[6]
Are not required to be fixed and
may be mobile to allow for flexibility in public areas.
(f)
Tree grates.
[1]
Shall be used wherever a tree is
placed within a high-traffic area.
[2]
Shall allow for tree growth and
be made of ductile iron; should also be factory painted.
[3]
Electrical outlets shall be provided
within the grate area to allow for lighting opportunities.
[4]
Shall be designed to support up-lighting.
(g)
Planting pots and planters.
[1]
Used in addition to landscape planting
areas to complement the surrounding streetscape by adding color and
variety.
[2]
Can be placed anywhere pedestrian
or vehicular traffic is not disturbed, but may function as a separation
between pedestrians and vehicles.
[3]
Large pots are preferred to fixed
boxes to allow for maintenance or service access.
[4]
Ideal near seating areas, but plant
materials shall not interfere with circulation or comfort.
(h)
Trash receptacles.
[1]
Shall be located conveniently for
pedestrian use and service access in significant areas and gathering
places.
[2]
Shall be permanently attached to
deter vandalism and have sealed bottoms with sufficient tops to keep
contents dry and out of pedestrian view.
[3]
Restaurants with outdoor seating
shall provide additional trash receptacles in appropriate locations.
[4]
Should blend in with the surroundings
or be specified in a complementary style or accent color.
(i)
Bicycle racks.
[1]
Shall be permanently mounted and
placed in convenient locations throughout public spaces to encourage
bicycle use.
[2]
Shall be placed so as not to obstruct
views or cause hazards to pedestrians or drivers.
[3]
Shall exhibit a simple and easy
design that allows for convenient and safe use by the public.
(j)
Bollards.
[1]
Shall integrate with and aesthetically
complement the overall streetscape concept.
[2]
Shall be set back from curbs to
allow unobstructed opening of parked car doors.
[3]
May be chained or cabled together
to ensure pedestrian safety or define areas for public functions.
[4]
Removable bollards shall be used
where service vehicles need access and for street closures in the
event of festivals or community events.
(k)
Utility accessories.
[1]
Includes utility boxes, meters,
manhole covers and fire hydrants; shall be coordinated with other
streetscape accessories.
[2]
Readily accessible and placed so
as not to obstruct pedestrian movement.
[3]
Minimize visual and physical impact
as much as possible.
[4]
Shall blend in with the surroundings
or enhance the area.
(l)
Newspaper racks.
(m)
Residential gazebos, arbor, trellis or pergolas.
[1]
Maximum height of gazebos shall
not exceed 12 feet above adjacent grade, excluding rooftop ornaments.
Gazebos shall be constructed of wood and shall have a maximum size
of 150 square feet.
[2]
Gazebos shall be located no closer
than five feet from a principal structure and side and rear property
lines.
[3]
Trellises, arbors and gate arbors
are permitted in the side and rear yards.
[4]
Trellises, arbors and gate arbors
shall be proportionately sized for the overall area of the yard and
shall not exceed eight feet in height, five feet in width and three
feet in depth. They shall be constructed of wood and complement the
architectural style, type and design of the fence or structure.
[5]
Location of arbors, trellises and
pergolas shall be located no closer the five feet to the side and
rear property lines.
I.
Green technology requirements.
[Amended 5-22-2018 by Ord. No. 2018-05; 9-22-2020 by Ord. No. 2020-24]
(1)
The concept of a "green development" is based on accepted energy
and environmental principles and strikes a balance between known established
practices and emerging concepts. Performance criteria relate to sustainable
site development, water savings, energy efficiency, materials selection,
and indoor environmental quality.
(2)
All applications for new development in the Town Center District,
except for additions which are 50% or less than the existing gross
floor area, shall demonstrate to the Hillsborough Township Planning
and Zoning Department how the proposed development could incorporate
green technology into the proposed design. Attempts should be made
to meet minimum accreditation levels found in the LEED (Leadership
in Energy & Environmental Design) Green Building Rating System,
the Enterprise Green Communities Criteria, or an equivalent rating
system.
(3)
At a minimum, applicants shall submit the following information
to the Planning & Zoning Department at the time of site plan application:
(a)
A summary of green technology utilized in the building design
similar to a LEED scorecard, or equivalent rating schedule, accompanied
by an explanation of how each credit would be achieved or why the
credit cannot be achieved for the project; and
(b)
For multifamily residential projects, the degree to which appliances
and fixtures will meet the United States Environmental Protection
Agency's (EPA's) ENERGY STAR® Standards.
J.
Signs.
[Amended 10-14-2008 by Ord. No. 2008-36[10]]
(1)
Permanent signs.
(a)
There shall be a consistent sign design theme
throughout the development. A unifying design theme shall include
style of lettering, method of attachment, construction, material,
size, proportion, lighting, position and day/night impacts. Color
of letters and background shall be carefully considered in relation
to the color of the materials of the building(s) or where the signs
are proposed to be located. Signs shall be a subordinate rather than
predominant feature of any building. The lettering and sign shall
be compatible with the architecture of the building.
(b)
A comprehensive signage plan shall be provided
which covers overall project identification, window signage and lettering,
individual building/tenant identification, traffic regulations, pedestrian
crossing, street identification, parking and directional instructions.
A signage hierarchy shall be established governing the above signage
categories.
(c)
All permanent signage (except for traffic, parking
and directional instructions) shall be affixed to a building facade,
canopy or arcade, be located no higher than the sills of second-story
windows, and be visible to both pedestrians and drivers.
(d)
The maximum sign area in the TC Town Center
District for permitted nonresidential uses shall be 10% of the first
floor facade of each tenant or use, but in no event greater than 20
square feet.
(e)
Blinking and flashing signs are prohibited.
(f)
Signs painted on the exterior walls of any building
are prohibited.
(g)
Neon signs and other tube-type signs, all flashing,
intermittent, moving or fluttering signs, such as banners, flags or
pennant signs, signs producing glare or using bare bulbs, such as
fluorescent signs, and signs that obstruct pedestrian traffic are
prohibited.
(h)
In addition to all other signage, restaurants,
cafes, luncheonettes and delicatessens may be permitted the following:
one wall-mounted display sign per business, featuring the actual menu,
but not to exceed three square feet in area and one sandwich board
sign not to exceed three square feet per sign face which shall not
obstruct pedestrian traffic.
(i)
The area, brilliance, character, color, degree,
density, intensity, location and type of illumination of any sign
shall be the minimum necessary to provide for the readability of the
proposed sign by the public without shedding further illumination
on nearby buildings. All sources of illumination shall be shielded
or directed in such a manner that the direct rays therefrom are not
cast upon any property other than the lot on which such illumination
is situated. Illumination shall be steady in nature, not flashing,
moving or changing in brilliance, color or intensity.
(j)
Special mounting standards shall be used for
traffic directional, handicapped parking and other similar on-site
signage.
(k)
All signs shall be produced using professional
methods.
(l)
An effective signage and wayfinding program
shall be instituted by the Township and implemented through the development
approval process by developers in the TC Town Center District, as
appropriate, to guide visitors to parking facilities and mass transit
connections.
(m)
Temporary freestanding signs not to exceed 30 square feet in area
and 10 feet in height are permitted until a Town Center development
is approved by the Planning Board or Board of Adjustment using the
regulations contained in this section. Any temporary freestanding
sign in Town Center must be removed at the issuance of a building
permit for the approved development.
[Added 8-10-2010 by Ord. No. 2010-24]
(2)
Window lettering and signs.
(a)
All window lettering and signs shall be inside
the window and shall be considered interior signs.
(b)
Window lettering or signs, including temporary
and permanent, shall be permitted only if the rectangle or square
which encloses the area around such lettering or sign does not exceed
30% of the total window area. Any painted area of any window shall
be construed as window lettering or signs, whether or not such area
actually contains lettering or advertising.
(c)
The window lettering or sign shall pertain only
to the establishment occupying that portion of the premises where
the window is located.
(d)
The following window lettering and signs are
specifically prohibited: those having an exterior source of illumination
and signs which include moving or animated images or text.
(e)
All window lettering and signs shall be kept
in good repair.
(3)
Signs on awnings, canopies or similar structures
or attachments.
(a)
Awnings, including awnings with a sign(s), shall
be architecturally compatible with the building to which they are
attached. All awnings shall be reviewed and approved by the Planning
Board or Board of Adjustment during the site plan review and approval
process. Alternatively, design standards relating to awnings, with
or without signage, shall be prepared by the applicant for review
and approval by the Planning Board or Board of Adjustment.
(b)
Awnings must be kept in good repair; clean and
unfaded.
(c)
Awnings must be substantially attached to the
main building structure.
(d)
Awning lettering and numbers as well as the
style and colors must aesthetically blend with the building.
(e)
Letter height shall not exceed 1/3 of the awning
height and in no event shall exceed eight inches.
(f)
Where applicable, awnings shall contain street
numbers.
(g)
Awnings shall not contain phone numbers, product
advertising, or product logos.
K.
Mixed-Use
Inclusionary Overlay District.
[Added 5-22-2018 by Ord.
No. 2018-05]
(1)
Purpose, applicability, and affordable housing obligation.
(a)
The purpose of the Mixed-Use Inclusionary Overlay District is
to provide an incentive for the construction of affordable multifamily
housing in the Town Center District as part of the Township's fair
share housing plan for meeting the region's low- and moderate-income
housing needs.
(b)
This overlay district applies to the following properties: Block
178; Lots 4, 5, 6, 7, 8, 9, 10, and 11 on the Hillsborough Township
Tax Map, which must be planned and developed as a single tract to
qualify for the overlay option. For the purposes of this section,
a "tract" is defined as an area of land comprised of one or more adjacent
lots which together have sufficient dimension and area to make one
parcel of land meeting the requirements of this section for the uses
intended.
(c)
A minimum of 24% of the total number of residential units shall be low- and moderate-income units in accordance with applicable affordable housing regulations, including but not limited to Article VII of this chapter, but in no case shall there be less than 46 low- and moderate-income units provided on the tract, regardless of the total number of units constructed.
(2)
Permitted principal uses in the overlay district. In addition
to principal uses permitted in the underlying Town Center District,
single-use multifamily dwellings constructed as part of a planned
mixed-use inclusionary development on a single tract in accordance
with the following standards.
(a)
The minimum tract size shall be 8.5 acres with a minimum frontage
of 790 feet on Route 206.
(b)
There shall be a minimum of 28,000 square feet of retail space
located in mixed-use buildings fronting on Route 206 that are fully
conforming to Town Center bulk and design standards unless otherwise
stated in this section. The mixed-use buildings shall be included
in the first phase of the development on the tract.
(c)
All single-use multifamily buildings shall be located to the
rear of the mixed-use buildings and establish a clear internal village
community with the majority of such structures fronting on green areas
or plazas. In no case shall any single-use multifamily building front
on either Route 206 or Amwell Road.
(d)
The maximum number of dwelling units on the tract shall be 191
with at least 37% of those units located on the upper floors of mixed-use
buildings. The maximum number of dwelling units in any single-use
multifamily building shall be 15. The minimum number of dwelling units
in a mixed-use building shall be 2.3 units per 1,000 square feet of
retail space on the ground floor. The maximum number of dwelling units
in a mixed-use building shall be 2.6 dwelling units per 1,000 square
feet of retail space on the ground floor.
(e)
The overall development shall otherwise conform to all other
applicable TC standards.
(3)
Permitted accessory uses and structures: in addition to accessory
uses and structures permitted in the underlying Town Center District,
community recreational facilities for the use of residents and their
guests.
L.
Multifamily Age-Restricted Inclusionary Overlay District.
[Added 7-14-2020 by Ord.
No. 2020-16]
(1)
Purpose, applicability, and affordable housing obligation.
(a)
The purpose of the Multifamily Age-Restricted Inclusionary Overlay
District is to provide an opportunity for the construction of affordable
multifamily housing in the Town Center District as part of the Township's
fair share housing plan for meeting the Township's low- and moderate-income
housing needs.
(b)
This overlay applies to Lot 12 in Block 178 on the Hillsborough
Township Tax Map, which shall be planned and developed as a single
tract to qualify for the overlay option. For the purposes of this
section, a "tract" is defined as an area of land comprised of one
or more adjacent lots that together have sufficient dimension and
area to make one parcel of land meeting the requirements of this section
for the uses intended.
(c)
A minimum of 33% of the units in the overlay district shall be low- and moderate-income units in accordance with applicable affordable housing regulations including but not limited to Article VII of this chapter; and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).
(2)
Permitted principal uses in the overlay district: single-use
multifamily dwellings constructed as part of an age- restricted inclusionary
development. The age-restricted development shall be restricted by
bylaws, rules, regulations and/or restrictions of record to occupancy
by permanent residents 55 years of age or older pursuant to the Federal
Fair Housing Act (42 U.S.C. § 3607). The overall development
shall otherwise conform with all applicable TC District standards
with the following exceptions.
(a)
Minimum lot size: four acres.
(b)
Minimum and maximum front yard setback: 20 feet provided that the setback is sufficient to accommodate the Amwell Road right-of-way requirements found at § 188-113.5G(9) of the Township Code.
(c)
Maximum dwelling units: 42 age-restricted dwelling units.
(d)
Maximum total impervious coverage: 35%.
(4)
Signs. The tract in question may have one permanent entry sign with a maximum area of 20 square feet and shall not exceed a height of six feet. The permanent sign shall be located near the entrance drive but shall not be located within any sight triangles nor closer than 10 feet from a public right-of-way or within any sight triangles. The sign shall otherwise meet the requirements of §§ 188-113.1H and 188-83 of the Township Code.
(5)
Supplemental regulations.
(a)
The requirements contained in §§ 188-167 to 188-175 of the Architectural and Site Design (ASD) Overlay Zone shall apply, except as otherwise provided in the Town Center District or this subsection. In addition, residential buildings in this overlay district may exceed the 100-foot maximum wall length established in § 188-175B(5) of the ASDO if it can be demonstrated that the appropriate design features have been employed to modulate the facade to give the appearance of several buildings and otherwise comply with that section.
(b)
No rear walls or blank walls shall face Amwell Road.
(c)
The number and dimensions of all residential on-site parking
shall be governed by the New Jersey Residential Site Improvement Standards
(RSIS). Parking is prohibited between the forward-most building and
Amwell Road. Any parking that is visible from Amwell Road shall be
appropriately screened.
(d)
Fencing may be included on the perimeter of the tract, or within
the tract, provided the fencing is of an architecturally compatible
design and consistent throughout the tract. Solid fences are prohibited,
except as required for trash enclosures. No fence shall exceed a height
of five feet above finished grade. No fencing is permitted closer
to the street than the front-most building wall on the tract.
(e)
All portions of the site shall be linked via a sidewalk and
pathway network that enables and encourages pedestrian and bicycle
circulation with linkages to adjoining retail services. Appropriate
sidewalks, pavement treatments, crosswalks, and signage shall be provided.
A pedestrian walkway at least five feet in width shall connect the
internal pedestrian system to the public sidewalk along Amwell Road.
(f)
To the extent feasible, opportunities for future pedestrian, bicycle, and vehicular cross-access to adjoining commercial properties should be designed into the project. Shared driveways that serve more than one property may be provided where deemed appropriate by the applicable Board [see § 188-113.5G(13)(l) of the Township Code for provisions regarding shared parking arrangements].
(g)
Any phasing of the project shall be subject to approval of a
phasing plan by the applicable Board submitted with the site plan
application.
[Added 6-23-2015 by Ord.
No. 2015-10]
A.
Purpose. The purpose of the GC Gateway C District is to provide a
mix of residential, limited retail and other office commercial uses
adjacent to a transit facility in order to create a complete, pedestrian-friendly
neighborhood with additional commercial and standalone residential
uses nearby to support the transit facility and provide employment
opportunities. The GC District is delineated on the revised Zoning
Map referred to herein and provided as part of this ordinance.
B.
Permitted principal uses. All uses shall be provided at a scale and size that is appropriate for the district. There may be more than one permitted principal use or structure on a lot, subject to compliance with § 188-113.6C through G as contained below.
(1)
Mixed-use buildings shall be limited with retail sales of goods
and services only permitted on the first floor and with residential
and/or office uses permitted above the first floor. Mixed-use buildings
shall only be permitted within a reasonable walking distance from
the transit facility, which is to be located within the GC Zone. (As
of the date of adoption of this ordinance, such transit facility is
planned to be located on Block 200.10, Lot 3). Mixed-use buildings
may only proceed with construction when said transit facility is in
existence.
(2)
Personal service establishments.
(3)
Freestanding offices, including medical offices and medical
centers.
(4)
Business services.
(5)
Child-care and adult day-care facilities.
(6)
Mass transit facilities, which may include retail, and related
maintenance/storage facilities.
(7)
Recreational and/or open space facilities, including, but not
limited to, walkways, courtyards, plazas, squares, community gardens
and parks.[1]
[1]
Editor's Note: Former Subsection B(7), regarding utilities,
was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated
former Subsection B(8) through (19) as Subsection B(7) through (18),
respectively.
(8)
Fiduciary institutions (without drive-through facilities).
(9)
Restaurants, including sit-down and carry-out, as long as food
and/or drinks shall not be served or sold directly to patrons in motor
vehicles.
(10)
Commercial instructional facilities.
(11)
Corporate conference centers.
(12)
Hotel/motel.
(13)
Residential uses in planned mixed-use developments:
(a)
Shall comply with tract standards under § 188-113.6I(1).
(b)
May only proceed with construction when the said transit facility
within the GC Zone is in existence.
(c)
Residential flats or lofts, which shall only be located above
the first floor in a mixed-use building.
[1]
The maximum number of permitted residential flats
or lofts in a mixed-use building shall be one dwelling unit for each
1,000 square feet of nonresidential gross floor area. All residential
flats or lofts must be provided in the same mixed-use building that
is used to determine the permitted number of residential flats or
lofts.
(d)
Freestanding residential units, which shall be limited to townhouses
and multifamily buildings, and which may only be developed within
a planned mixed use development.
[1]
Townhouses shall not exceed eight dwelling units
per acre.
[2]
Multifamily units shall not exceed 10 dwelling
units per acre.
[3]
Total freestanding residential uses shall not exceed
100 dwelling units within the entire GC District.
[4]
Bulk requirements, as specified in 188 Attachment
11, Table 2, Bulk Requirements for Townhouses and Multifamily in Planned
Mixed-Use Developments, shall be met.
[5]
Freestanding residential units shall not exceed
70% of the total residential units in a planned mixed use development.
The remaining units, being residential flats or lofts, shall be located
only within mixed-use buildings.
(14)
Extended care facilities.
(15)
Health club/fitness centers.
(16)
All farm and agricultural uses, including nurseries, poultry
and livestock raising, provided that:
(a)
The keeping or raising of swine shall not be allowed except
as part of a general farming operation on a property of not less than
25 acres. No more than 100 swine shall be kept on any property.
(b)
No building, fenced run or other enclosure for the shelter of
swine shall be closer to any property line or zone boundary than 200
feet.
(c)
No building erected entirely or partially for the storage of
hay or other flammable material shall be closer than 100 feet to any
property line.
(d)
No building for the shelter of fowl or farm livestock, other
than swine, shall be closer to any side or rear property line or residential
zone boundary than 100 feet; except that no range shelter or other
building used to house a backyard flock shall be closer to any side
or rear property line than 50 feet.
(17)
Research and development.
D.
Accessory uses and structures.
(1)
Street furniture such as benches, street lamps, bicycle racks,
trash receptacles, tree grates, bus stops, landscape planters and
hanging baskets shall be provided, as appropriate.
(2)
All streets, alleys, sidewalks and pathways shall connect to
other streets within the development and connect to existing streets
outside the development, as appropriate. Dead-end streets are not
permitted within developments in the GC District, unless such condition
is unavoidable as determined by the Planning Board or Board of Adjustment.
(3)
Surface parking lots are required and shall be designed to be
coordinated and have access to adjoining lots to control the number
of access points to Amwell Road, existing roads and all proposed Master
Plan roads. Toward this goal, access drives may be granted temporary
approval to be removed when alternate access becomes available in
the future. All off-street parking areas shall be located behind existing
and/or proposed buildings.
(4)
Carports for residential uses only.
(5)
Fences and walls which shall be uniform in size and materials
and complement the architectural style, type and design of the building
and overall project design, as established during the site plan review
and approval process.
(6)
Porches, decks, patios and terraces, which complement the architectural
style and design of the building and the overall project design established
during the site plan review and approval process.
(7)
All residential accessory storage structures shall be attached
to the principal dwelling or a detached garage. Such structures shall
be no taller than one story and shall be designed as an integral part
of the structure to which it is attached, including the same exterior
materials and color. No freestanding structures of this type shall
be permitted. The yard setback requirements for such structure shall
be the same as the structure to which it is attached.
(8)
All swimming pools and spas shall be in-ground type and shall
be located at least 10 feet from all property lines and five feet
from a dwelling. Spas, however, may be allowed above ground if incorporated
into an attached house deck.
(9)
Other accessory structures (e.g., gazebo, arbor/trellis) not
otherwise enumerated above shall be addressed during the site plan
review and approval process.
(10)
Trash and garbage collection areas which are fully screened
and constructed of materials that are compatible with the structure
to which they are associated.
(11)
Loading areas which are fully screened such that the screening
materials are compatible with the structure with which they are associated.
(12)
No outside storage trailers or bins are permitted.
E.
Conditional uses.
(1)
Off-street parking in elevated structures subject to the following
standards:
(a)
A parking structure no taller than the associated principal
building(s), shall be a permitted conditional use if such structure(s)
is/are located behind the associated principal building(s) and is/are
well screened thereby from the existing public right-of-way.
(b)
Parking structures shall be architecturally compatible with
primary on-site buildings and structures. The location of parking
structures shall be limited by minimum setback requirements to assure
adequate shielding from off-site views from surrounding residential
neighborhoods. Ample landscape screening shall be provided by the
applicant to soften visual impacts associated with construction of
parking structures.
(c)
Parking structures shall be included as part of the building
coverage calculation.
(2)
Off-street parking located underneath buildings and fully screened
from existing public rights-of-way.
F.
Area, yard and bulk regulations.
(1)
Minimums.
(a)
Lot area: two acres.
(b)
Lot width: 200 feet.
(c)
Lot depth: 250 feet.
(d)
Front yard setback: zero feet.
(e)
Side yard setback: zero feet, unless abutting a residential
zone or an existing building, in which case the side yard setback
shall be 10 feet. There shall be no internal side yard setback where
multiple buildings occupy one lot.
(f)
There shall be a minimum distance of 40 feet between buildings,
except side to side, which will be 15 feet or 1/2 the combined height
of adjacent buildings, whichever is greater.
(g)
Rear yard setback: The minimum rear yard setback shall be 25
feet, unless abutting an existing residential zone, in which case
the rear yard setback shall be 50 feet.
(h)
Accessory structures shall be located in the rear yard with
no minimum rear yard setback, unless abutting an existing residential
zone, in which case the minimum rear yard setback shall be 10 feet.
(i)
Minimum height: two stories.
(j)
Minimum tract size for planned mixed-use development: 10 acres.
(2)
Maximums.
(a)
Impervious coverage: 85%.
(b)
Front yard setback: 10 feet.
(c)
Building height: three stories or 45 feet permitted throughout
the GC District except for architectural features which enhance the
appearance of the GC District but do not contain usable floor area,
and which may not exceed 55 feet in height. Architectural features
include, but are not limited to: cupolas, towers and other roofline
projections.
(3)
Buffer areas shall be at least 25 feet wide and are required
along all property lines abutting any residential district, around
loading and trash collection points and along street lines where residences
or residential zoning is located across the street.
(4)
The building square footage associated with an enclosed second
or third floor breezeway or exterior hallway connection between mixed-use
and nonresidential buildings shall be permitted, and the proposed
size shall not be included in the impervious coverage or floor area
calculations. No individual nonresidential or mixed-use building footprint
shall exceed 20,000 square feet, nor shall any single nonresidential
or mixed use building exceed 200 feet along its greatest length.
G.
Parking requirements.
(1)
On-street parking, where provided within 250 feet of any permitted
uses, may count towards the required number of nonresidential off-street
parking spaces. The Planning Board or Board of Adjustment may, in
its discretion, elect to give such spaces on-street parking credit
or deny any credit for such property upon which they front and the
uses of intervening properties located between the property seeking
to apply the spaces toward its parking need and the spaces themselves.
Creation and maintenance of public transportation options may be used
in lieu of some parking needs where such a program is proposed and
reviewed by the Planning Board or Board of Adjustment as to the short-
and long-term viability of any such plan.
(2)
The overall intent for the provision of parking the GC District
is to balance the mix of uses with available parking opportunities
both on and off the street. The minimum numbers of required off-street
parking spaces for permitted uses in the GC District are as follows:
(a)
Retail and personal service establishments at 3.5 spaces per
1,000 square feet of gross floor area.
(b)
Office, bank, or fiduciary institution at three spaces per 1,000
square feet of usable floor area.
(c)
Medical office and medical center at four spaces per 1,000 square
feet of usable floor area.
(d)
Business services establishments at three spaces per 1,000 square
feet of gross floor area.
(e)
Corporate conference centers at four spaces per 1,000 square
feet of usable floor area.
(f)
Hotel/motel at one space per guest unit plus one space per employee
plus four spaces per 1,000 square feet of restaurant or conference
center space.
(g)
Residential at two spaces per dwelling unit, unless otherwise
indicated herein.
(h)
Restaurant at four spaces per 1,000 square feet of usable floor
area.
(i)
Child-care and elder-care centers at one space per employee
plus one space per 10 persons enrolled.
(j)
Commercial instructional activity at three spaces per 1,000
square feet of usable floor area.
(3)
If the applicant can demonstrate that not all of the required
parking spaces are necessary at the time of initial occupancy and
operation of the use(s), then the additional required parking which
is demonstrated as not needed may be "banked" or reserved for future
parking on a space-per-space basis. The location of future parking
areas shall be indicated on the site plan and left and maintained
as landscaped areas. The methodology used by the developer to calculate
the reduced number of parking spaces shall take into consideration
the methods of recommended in "Shared Parking," published by the Urban
Land Institute (1984), or other recognized standards acceptable to
the Planning Board or Board of Adjustment.
(4)
The number of required parking spaces may be reduced on a space-per-space
basis if the applicant can demonstrate that suitable alternative parking
spaces are located within close proximity to the subject property
or site, through a shared parking arrangement with an adjoining use
and/or land area. Those spaces, to be counted towards this shared
parking arrangement, must be demonstrated to be available during the
hours of operation of the affected uses, and access to those spaces
must be provided for vehicles and pedestrians in a safe and efficient
manner, including shared driveways and interconnected walkways where
possible. A minimum twenty-five-year lease shall be provided. A site
plan shall be submitted to the Planning Board or Board of Adjustment
and shall be subject to their approval.
(5)
The Township Zoning Officer shall conduct site visits to confirm
that the parking remains sufficient to meet the needs of the development.
If the Zoning Officer determines, after three separate site visits,
that the parking is inadequate, the applicant shall be so informed.
The applicant shall then have 45 days to submit to the Planning Board
or Board of Adjustment either a technical report prepared by a New
Jersey licensed engineer who is an expert in traffic substantiating
that additional parking is not now needed or a site plan delineating
which of the land banked parking will be constructed along with a
specific time line for the construction of same. Either submission
shall be subject to approval by the Planning Board or Board of Adjustment.
H.
Supplemental regulations for affordable housing.
(1)
For permitted residential uses, a minimum of 20% of the total
dwelling units shall be deed restricted, in accordance with applicable
Township and state regulations.
(2)
Affordable units shall be proportionally distributed among the
permitted dwelling types to be provided, in accordance with applicable
Township and state regulations.
I.
Supplemental regulations.
(1)
Definitions and standards for a tract upon which a planned mixed-use
development may be developed:
(a)
The mixed-use development shall be permitted only on Block 200.10,
Lots 12.01, 12.02, 13, 14 and 22 as being adjacent to the mass transit
facility.
(b)
For the purpose of the GC District development, a "tract" shall be defined as an area of land comprising one or more adjacent lots which together have sufficient dimensions and area to make one parcel of land meeting the requirements of Subsection F for the use(s) intended.
(c)
The original land area may be divided by existing streets, and
still be considered one tract, provided that the frontages on both
sides of the street are opposite one another for a sufficient distance
to enable a convenient, safe street system from one side to the other.
(d)
The land area of any existing streets shall not be included
in calculating the area of the tract.
(2)
General procedures.
(a)
Any development application in the GC District shall be informally
submitted, initially, as a concept plan showing proposed buildings,
roads, parking and other site improvements and how the proposed development
is in keeping with the concepts enunciated in the Township's Master
Plan amendment, dated March 14, 2013, and how the proposed plan would
work with the future development of adjoining or otherwise affected
land parcels.
(b)
Following this initial conceptual review and discussion with
the Planning Board, the development application shall be formally
submitted as either a planned development or in the nature of a site
plan and/or subdivision application. Such application shall describe
the relationship to and support of the adopted Township Master Plan
amendment as well as any phasing of the proposal, together with any
on-site and off-tract improvements needed to support such phases.
The application for preliminary site plan approval may also include
a request for final approvals with respect to such phase or phases.
(c)
In the event any single property owner or consortium of property
owners owns properties consisting of two acres or more, it or they
may apply to the Planning Board for general development plan approval
for its or their portions of the GC District. Those property owners
or a consortium of property owners who do not obtain a general development
plan approval for their property shall be required to obtain site
plan and/or subdivision approval as may be required by law in addition
to complying with the conditions of this GC District.
(d)
All applications for development of any subsection of the GC
District shall be required to submit a phasing schedule unless said
application is for a single property of less than two acres. In the
event the application consists of approval for a site consisting of
property of at least two acres, and the plan pertaining to said area
consists of both residential and nonresidential uses, the phasing
schedule shall incorporate the specific mechanism for residential
development in conjunction with the build out of the nonresidential
portion of the applicable site so as to ensure the balanced development
of the property for both residential and nonresidential purposes.
(e)
A GC District planned development shall be subject to the requirements
of this zone and to the mandatory findings for a planned development
as required by the Municipal Land Use Law at N.J.S.A. 40:55D-45.
(f)
A GC District development shall conform to a General Development
Plan approved by the Planning Board pursuant to the applicable provisions
contained in the Township's Land Development Ordinance and in accordance
with the bulk requirements for permitted uses.
(3)
General site design requirements and phasing.
(b)
A GC District development shall be conceived, designed, subdivided,
site planned and approved by the Planning Board or Board of Adjustment
as a single complex according to a comprehensive site development
plan. In addition, site landscaping, building design, and common area
maintenance guideline control standards shall be established by the
applicant and approved by the Planning Board or Board of Adjustment.
(c)
The entirety of a GC District development shall be developed
with a common architectural theme which shall be part of the site
plan approval process by the Planning Board or Board of Adjustment.
The architectural theme shall include buildings, signing, fencing,
lighting, paving, curbing, landscaping and other similar and related
physical features.
(d)
Mixed-use buildings may include residential units on the second
and third stories above retail or office uses, with the exception
that residential uses shall not be permitted on the same floor as
office or retail space.
(e)
The Planning Board or Board of Adjustment shall review and approve
a phasing plan prepared by the applicant. The phasing plan shall ensure
that development in the GC District shall be consistent with the development
of infrastructure and supporting services and the sound management
of growth in the Township. The phasing plan shall indicate the approximate
date(s) when construction of the GC District development and phases
thereof, including the mix of residential and commercial, will be
initiated and completed.
(4)
Building design and use.
(a)
The treatment of side and rear walls of any proposed nonresidential
and mixed-use building in terms of building materials and colors shall
be similar to and consistent with the treatment of the front facade
of that building.
(b)
Minimum distances between nonresidential and mixed-use buildings
shall be measured horizontally in feet and shall be measured away
from the front, side and rear of each building. The distance, at the
closest point, between any two buildings shall not be less than 20
feet. In the case of two or more buildings being connected through
the use of a breezeway or similar feature, the minimum distance between
buildings may be reduced but shall not be less than 10 feet.
(c)
Garages are prohibited along the main front facade of apartment
or townhouse units facing an existing or proposed street. Garages
may be in the side or rear yards only. Windows are encouraged in the
walls of such garages to admit light and eliminate blank walls. Sufficient
storage area to accommodate tools, auto accessories, trash/recyclable
materials storage, and lawn and garden maintenance equipment shall
be considered in sizing the garage so that an additional accessory
storage structure will not be necessary. Individual bay overhead garage
doors are strongly encouraged. Detached garages shall be offered as
a permitted option.
(d)
All apartment and townhouse dwelling units shall have private
outdoor space, which may include a deck, patio and/or terrace. Such
outdoor space shall be enclosed, as appropriate, by a decorative wall
or fence, evergreen hedge, or combination thereof.
(e)
Townhouse buildings shall consist of no more than eight townhouse
dwelling units in order to prevent the development of long and monotonous
buildings. There shall be different roofline heights and vertical
offsets in each overall townhouse building. No more than two adjacent
townhouse units shall have the same building offset, which shall vary
by at least four feet.
(5)
Site design.
(a)
Buildings and site improvements shall be designed to minimize
changes to existing topography and loss of or damage to existing mature
trees.
(b)
All permitted uses shall be conducted within completely enclosed
buildings, unless otherwise specified herein.
(c)
Nonresidential and mixed-use buildings shall be oriented to
the street, which shall include, as a minimum, their front facades.
(d)
The location of nonresidential and mixed-use building entrances
and orientation of buildings shall minimize the walking distances
from building to building. Buildings with more than one facade facing
a public street, parking lot, open space area, or plaza and square
shall provide front facade treatments for each such facade.
(e)
Nonresidential and mixed-use buildings shall be provided with
off-street loading and service areas separate from parking areas and
which shall be situated as much as possible to the rear of the building
to the extent practicable and out of the general traffic flow, with
appropriate screening.
(f)
The primary entrances to each building shall accommodate pedestrian
access from both public streets and off-street parking lots.
(g)
Secondary public entrances, if provided, shall be designed in
a manner consistent with primary entrances if visible from public
streets and/or parking lots.
(h)
Eating and drinking establishments shall be permitted to operate outdoor cafes as provided in § 188-78F, as appropriate.
(i)
The Planning Board or Board of Adjustment may limit hours of
operation, hours when trucking and deliveries occur, and other characteristics
of the nonresidential uses in order to enhance the compatibility with
residential uses.
(j)
Design methods to reduce energy consumption are encouraged.
Energy conservation methods may include, but not be limited to, natural
ventilation of structures, location or placement of structures in
relation to prevailing breezes and sun angles, insulation of structures,
use of landscape materials for shade and transpiration, and orientation.
(6)
Transportation.
(a)
The applicant shall be required to submit a detailed traffic
study that addresses all forms of transportation, including bicycle
and pedestrian access. An off-site contribution shall be assessed
for any off-site improvements needed to maintain an acceptable level
of service, with review input from the Township Engineer.
(b)
Vehicular access to and from a GC District development to a
public street shall be limited to the fewest necessary number of curb
cuts.
(c)
Culs-de-sac and gated or dead-end streets are not permitted,
unless determined to be unavoidable by the Planning Board or Board
of Adjustment, as appropriate.
(d)
Shared driveways that serve more than one property shall be
provided where appropriate. Cross-access documentation shall be required
between adjoining properties.
(e)
Pedestrian and/or bicycle connections to the primary public
entrance of the building shall be provided.
(f)
Site planning shall address the need for bicycle racks and/or
lockers, i.e., location, number, and design.
(g)
All portions of the development site shall be linked via a sidewalk
and pathway network as approved by the Planning Board or Board of
Adjustment; the site shall be pedestrian-oriented, with a design that
enables and encourages pedestrian and bicycle circulation, with linkages
to surrounding areas.
(h)
Where a service or commercial lane or access drive is incorporated
into the design, the Planning Board or Board of Adjustment may further
restrict the number of curb cuts.
(i)
Alleys are permitted and encouraged at appropriate locations.
(7)
Amwell Road right-of-way.
(b)
A minimum fifteen-foot sidewalk with a single row of street
trees and curbing shall be provided along property frontage in the
mixed-use development closest to the transit facility.
(c)
On-street parking is encouraged, where appropriate.
(d)
Fourteen-foot-wide curbed grass medians with left turn lanes
at each major intersection shall be provided.
(8)
(9)
(11)
Off-street parking design.
(a)
Parking areas shall be located behind or on the side of buildings
and subject to appropriate screening requirements. Parking areas shall
not be located between the roadway and front of any buildings.
(b)
All parking areas, where visible from a public street, shall
be screened by a five-foot-high solid wall, architectural fence and/or
solid evergreen hedge as approved by the Planning Board or Board of
Adjustment.
(c)
One canopy tree shall be provided at a ratio of one tree to
every four parking spaces in the parking area.
(d)
Parking areas shall be designed to be interconnected with adjacent
properties and shall utilize common entrances and exits where feasible
to minimize access points to the street. Such interconnections shall
be established through an appropriate cross-access easement.
(e)
Shared parking shall be required on-site for multiple-use properties
and is encouraged between properties. The appropriate board shall
approve a reduced parking ratio subject to a parking utilization study
prepared by the applicant.
(f)
There shall be a comprehensive network of sidewalks and pedestrian
passageways that connect the parking lots with the front, sides and
rear of the buildings. The sidewalks and passageways shall be linked
to other off-site pedestrian connections where appropriate based on
proximity to existing residential areas, proposed intended use of
the building, and provision of existing or planned pedestrian or bicycle
improvements.
(g)
Pedestrian passageways shall connect rear parking lots between
buildings with textured walking surfaces, street furniture and landscaping.
In addition, the design of the building may incorporate window displays,
side door entrances, or other interesting features along the passageway.
Lighting should be provided for all parking facilities and sidewalks.
(12)
Loading, outdoor storage, and service areas.
(a)
Where these areas face adjacent residential uses or public rights-of-way,
architectural walls or fences, no less than six feet in height, shall
be provided.
(b)
No areas for outdoor storage, trash collection or compaction,
loading, or other such uses shall be located within 10 feet of any
public sidewalk or 25 feet from any public right-of-way, and said
25 feet or 10 feet shall be landscaped with trees, shrubs and ground
covers so as to provide a buffer area between the public right-of-way
or sidewalk.
(c)
Materials, colors, and design of screening walls and/or fences
shall conform to those used as predominant materials and colors on
the principal building.
(d)
Service functions shall be incorporated into the overall design
of the building and landscaping, so that they are fully contained
and out of view from adjacent properties and rights-of-way.
(e)
Truck delivery and circulation routes shall be separated from
customer circulation. Pullover or lay-by short-term pickup and dropoff
areas may be provided as long as they do not substantially interfere
with either vehicular or pedestrian traffic flow.
(f)
No delivery, loading, trash removal or compaction, or other
such operations, shall be permitted between the hours of 10:00 p.m.
and 7:00 a.m., unless the applicant or developer submits evidence
that sound barriers between all areas for such operations or use effectively
reduce noise emissions to a level of 45 dB or less, as measured at
the lot line of any adjoining residential property or zone district.
(13)
All utilities shall be installed underground, where feasible,
or relocated to a less visible location at the rear of buildings,
and all uses shall be connected to approved and functioning public
water and sanitary systems. Prior to approval, an applicant must obtain
a certificate from the appropriate agency allocating capacity in the
system to the development.
(14)
Each permitted use shall provide for the orderly deposit and
pickup of refuse which is concealed from adjoining properties, customer
parking areas, and nearby roadways. No trash shall be allowed to extend
above or beyond the enclosure. This area shall be visually screened
by a decorative wall and landscaping. The overall design, including
materials and colors, shall be architecturally compatible with the
principal building and shall not be located within landscaped buffer
areas. Also, the applicant shall provide an effective litter management
plan, subject to Township review and approval. Such management plan
shall be submitted with an application for final site plan approval.
(15)
All provisions and facilities for storage, other than pickup
of refuse and recyclable materials, shall be contained within a principal
building.
J.
Signs.
(1)
Permanent signs.
(a)
There shall be a consistent sign design theme throughout the
development. A unifying design theme shall include style of lettering,
method of attachment, construction, material, size, proportion, lighting,
position and day/night impacts. Color of letters and background shall
be carefully considered in relation to the color of materials of the
building(s) or where the signs are proposed to be located. Signs shall
be a subordinate rather than predominant feature of any building.
The lettering and sign shall be compatible with the architecture of
the building.
(b)
A comprehensive signage plan shall be provided which covers
overall project identification, window signage and lettering, individual
building/tenant identification, traffic regulations, pedestrian crossing,
street identification, parking and directional instructions. A signage
hierarchy shall be established governing the above signage categories.
(c)
All permanent signage (except for traffic, parking and directional
instructions) shall be affixed to a building facade, canopy or arcade,
be located no higher than the sills of second-story windows, and be
visible to both pedestrians and drivers.
(d)
The maximum sign area in the GC District for permitted nonresidential
uses shall be 10% of the first floor facade of each tenant or use,
but in no event greater than 20 square feet.
(e)
Blinking and flashing signs are prohibited.
(f)
Signs painted on the exterior walls of any building are prohibited.
(g)
Neon signs and other tube-type signs, all flashing, intermittent,
moving or fluttering signs, such as banners, flags or pennant signs,
signs producing glare or using bare bulbs, such as fluorescent signs,
and signs that obstruct pedestrian traffic are prohibited.
(h)
In addition to all other signage, restaurants, cafes, luncheonettes
and delicatessens may be permitted the following: one wall-mounted
display sign per business, featuring the actual menu, but not to exceed
three square feet in area, and one sandwich board sign not to exceed
three square feet per sign face, which shall not obstruct pedestrian
traffic.
(i)
The area, brilliance, character, color, degree, density, intensity,
location and type of illumination of any sign shall be the minimum
necessary to provide for the readability of the proposed sign by the
public without shedding further illumination on nearby buildings.
All sources of illumination shall be shielded or directed in such
a manner that the direct rays therefrom are not cast upon any property
other than the lot on which such illumination is situated. Illumination
shall be steady in nature, not flashing, moving or changing in brilliance,
color or intensity.
(j)
Special mounting standards shall be used for traffic directional,
handicapped parking and other similar on-site signage.
(k)
All signs shall be produced using professional methods.
(l)
An effective signage and wayfinding program shall be instituted
by the Township and implemented through the development approval process
by developers in the GC District, as appropriate, to guide visitors
to parking facilities and mass transit connections.
(2)
Window lettering and signs.
(a)
All window lettering and signs shall be inside the window and
shall be considered interior signs.
(b)
Window lettering or signs, including temporary and permanent,
shall be permitted only if the rectangle or square which encloses
the area around such lettering or sign does not exceed 30% of the
total window area. Any painted area of any window shall be construed
as window lettering or signs, whether or not such area actually contains
lettering or advertising.
(c)
The window lettering or sign shall pertain only to the establishment
occupying that portion of the premises where the window is located.
(d)
The following window lettering and signs are specifically prohibited:
those having an exterior source of illumination and signs which include
moving or animated images or text.
(e)
All window lettering and signs shall be kept in good repair.
(3)
Signs on awnings, canopies or similar structures or attachments.
(a)
Awnings, including awnings with a sign(s), shall be architecturally
compatible with the building to which they are attached. All awnings
shall be reviewed and approved by the Planning Board or Board of Adjustment
during the site plan review and approval process. Alternatively, design
standards relating to awnings, with or without signage, shall be prepared
by the applicant for review and approval by the Planning Board or
Board of Adjustment.
(b)
Awnings must be kept in good repair, clean and unfaded.
(c)
Awnings must be substantially attached to the main building
structure.
(d)
Awning lettering and numbers as well as the style and colors
must aesthetically blend with the building.
(e)
Letter height shall not exceed 1/3 of the awning height and
in no event shall exceed eight inches.
(f)
Where applicable, awnings shall contain street numbers.
(g)
Awnings shall not contain phone numbers, product advertising,
or product logos.
K.
Streetscape elements.
(1)
Lighting.
(a)
Lighting shall be the minimum required for safety and shall
be provided in the least intrusive manner. Traditional freestanding
light fixtures shall be required in parking lots and along streets
and pedestrian pathways. By way of example, a streetlight and parking
lot light fixture shall be similar to the Teardrop Model TF3 by HADCO,
which is a high-quality freestanding light fixture appropriate to
a town center environment.
(b)
Streets, parking lots, intersections, points where various types
of circulation systems merge, intersect or split, stairways, sloping
or rising paths, and building entrances and exits shall require illumination.
Lighting shall be provided where buildings are set back or offset
if access is provided at such points.
(c)
Freestanding lights shall be located and protected to avoid
being easily damaged by vehicles or vandalized. The height of such
lights shall in no case be greater than 12 feet. All lighting shall
be serviced under ground.
(d)
The source of the illumination for freestanding and building-mounted
lights shall be shielded, and the style of the light and light standard
shall be consistent with the architectural style of the proposed structures.
Diffusers and refractors shall be installed to reduce unacceptable
glare, particularly adjacent to residential areas. Luminaries shall
be translucent or glare-free, using opaque glass or acrylic lenses.
(e)
Spotlight fixtures attached to buildings and visible to the
public are prohibited. Where lights along property lines are visible
from adjacent properties, the lights shall be appropriately shielded
and/or the mounting heights shall be reduced.
(f)
All lights under a canopy structure shall be ceiling-mounted
and recessed so the lens does not extend beyond the ceiling so as
not to produce glare.
(g)
Sidewalks and pathways may be lit with low bollard-type standards,
not to exceed two feet in height.
(h)
All proposed lighting plans shall be accompanied by a point-by-point
plan indicating numerical illumination levels. The plan shall indicate
the average, minimum, maximum and minimum-to-maximum illumination
levels for maintained footcandles.
(3)
Tree grates.
(a)
Shall be used wherever a tree is placed within a high traffic
area.
(b)
Shall allow for tree growth and be made of ductile iron; they
should also be factory painted.
(c)
Electrical outlets shall be provided within the grate area to
allow for lighting opportunities.
(d)
Shall be designed to support up-lighting.
(4)
Planting pots and planters.
(a)
Used in addition to landscape planting areas to complement the
surrounding streetscape by adding color and variety.
(b)
Can be placed anywhere pedestrian or vehicular traffic is not
disturbed, but may function as a separation between pedestrians and
vehicles.
(c)
Large pots are preferred to fixed boxes to allow for maintenance
or service access.
(d)
Ideal near seating areas, but plant materials shall not interfere
with circulation or comfort.
(5)
Trash receptacles.
(a)
Shall be located conveniently for pedestrian use and service
access in significant areas and gathering places.
(b)
Shall be permanently attached to deter vandalism and have sealed
bottoms with sufficient tops to keep contents dry and out of pedestrian
view.
(c)
Restaurants with outdoor seating shall provide additional trash
receptacles in appropriate locations.
(d)
Should blend in with the surroundings or be specific in a complementary
style or accent color.
(6)
Bicycle racks.
(a)
Shall be permanently mounted and placed in convenient locations
throughout public spaces to encourage bicycle use.
(b)
Shall be placed so as not to obstruct views or cause hazards
to pedestrians or drivers.
(c)
Shall exhibit a simple and easy design that allows for convenient
and safe use by the public.
(7)
Bollards.
(a)
Shall integrate with and aesthetically complement the overall
streetscape concept.
(b)
Shall be set back from curbs to allow unobstructed opening of
parked car doors.
(c)
May be chained or cabled together to ensure pedestrian safety
or define areas for public functions.
(d)
Removable bollards shall be used where service vehicles need
access and for street closures in the event of festivals or community
events.
(8)
Utility accessories.
(a)
Includes utility boxes, meters, manhole covers and fire hydrants;
shall be coordinated with other streetscape accessories.
(b)
Shall be readily accessible and placed so as not to obstruct
pedestrian movement.
(c)
Shall minimize visual and physical impact as much as possible.
(d)
Shall blend in with the surroundings or enhance the area.
(9)
Newspaper racks.
(10)
Residential gazebos, arbors, trellises or pergolas.
(a)
Maximum height of gazebos shall not exceed 12 feet above adjacent
grade, excluding rooftop ornaments. Gazebos shall be constructed of
wood and shall have a maximum size of 150 square feet.
(b)
Gazebos shall be located no closer than five feet from a principal
structure and side and rear property lines.
(c)
Trellises, arbors and gate arbors are permitted in the side
and rear yards.
(d)
Trellises, arbors and gate arbors shall be proportionately sized
for the overall area of the yard and shall not exceed eight feet in
height, five feet in width and three feet in depth. They shall be
constructed of wood and complement the architectural style, type and
design of the fence or structure.
(e)
Location of arbors, trellises and pergolas shall be located
no closer than five feet to the side and rear property lines.
[Added 9-12-2017 by Ord.
No. 2017-07]
A.
Purpose, applicability, and affordable housing obligation.
(1)
The purpose of the Mixed-Use Inclusionary District is to establish
a mixed-use zone that provides for affordable housing, multifamily
housing, retail, office and restaurant uses at a location that provides
access to employment areas through adjacency to major roadways and/or
public transportation. The standards are intended to offer maximum
flexibility for site design and selection of dwelling unit types in
order to offer a balanced housing pattern attractive to all income
and age segments of the community as part of the Township's fair share
housing plan for meeting the region's low- and moderate-income housing
needs.
(2)
This zone applies to the following properties: Block 202, Lot
4, on the Hillsborough Township Tax Map.
(3)
A minimum of 24% of the total number of residential units in
the zone shall be low- and moderate-income units in accordance with
applicable affordable housing regulations; but in no case shall there
be less than 42 low- and moderate-income units provided in the zone
regardless of the total number of units constructed.
C.
Permitted accessory uses.
(1)
Clubhouse for the use of residents and their guests.
(2)
Garages, storage sheds, maintenance offices, leasing offices,
swimming pools and other community recreational facilities (noncommercial)
associated with residential communities.
(3)
All other uses customarily incidental and accessory to multifamily
residential communities.
D.
Yard and bulk requirements.
(1)
Minimum lot size: 28 acres.
(2)
Minimum lot frontage: 500 feet on Route 206.
(3)
Minimum front yard building setback: 40 feet from Route 206.
(4)
Minimum side yard building setback: 50 feet from tract boundary.
(5)
Minimum rear yard building setback: 20 feet from the tract boundary.
(6)
Maximum building coverage: 20%.
(7)
Maximum total impervious coverage: 45%.
(9)
Minimum building-to-building distance requirements: 35 feet
except for accessory structures/buildings.
(10)
Minimum buffer to adjacent properties: 20 feet.
E.
Maximum residential units and minimum/maximum commercial square footage.
(1)
The total number of dwelling units shall not exceed 175 units.
Any application for residential development shall include no less
than the minimum commercial square footage required in § 188-113.7.E(2).
(2)
The combined total of retail, office, restaurants and fiduciary
institutions shall be no less than 12,500 square feet and no more
than 20,000 square feet.
F.
Parking requirements.
(1)
Residential: in accordance with the R.S.I.S.
(2)
Retail: 3.5 spaces/1,000 square feet of gross floor area.
(3)
Office: three spaces/1,000 square feet of useable floor area.
(4)
Restaurant: four spaces/1,000 square feet of useable floor area.
(5)
Fiduciary/banks: three spaces/1,000 square feet of useable floor
area.
(6)
Shared parking among nonresidential uses is permitted in accordance
with the following standards subject to approval by the Planning Board
or Board of Adjustment, as appropriate.
(a)
Shared parking shall be located within 500 feet of the building
it serves.
(b)
Any application that includes shared parking must provide a
shared parking plan. Such a plan shall be included as an addendum
to a site plan and shall be drawn to the same scale. The shared parking
plan must include the following:
[1]
A site plan showing parking spaces intended for
shared parking and their proximity to the uses they will serve.
[2]
A signage plan that directs drivers to the most
convenient parking areas for each particular use or group of uses,
if such distinctions can be made.
[3]
A pedestrian circulation plan that shows connections
and walkways between parking areas and buildings.
G.
Supplemental regulations.
(1)
Buildings and site improvements shall be designed to minimize
changes to existing topography and mature vegetation.
(2)
Shared driveways that serve more than one property may be provided
where deemed appropriate by the Planning Board or Board of Adjustment.
Cross-access shall be required between adjoining properties.
(3)
A landscape plan shall be provided for the entire site and shall
be prepared by a licensed landscape architect.
(4)
Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements contained in §§ 188-167 to 188-175 of the Architectural and Site Design (ASD) Overlay Zone shall apply, except as otherwise provided in the MUID-1 requirements, as indicated herein. In addition, residential buildings in the MUID-1 may exceed the one-hundred-foot maximum wall length established in § 188-175B(5) of the ASDO if it can be demonstrated that the appropriate design features have been employed to modulate the facade to give the appearance of several buildings and otherwise comply with that section.
(5)
Requirements for establishments with fiduciary/bank uses with
drive-through facilities.
(a)
A drive-through facility shall be architecturally integrated
into the principal building.
(b)
A drive-through facility shall not be located on the street
side of the building nor in front of the front building line.
(c)
A drive-through facility shall be limited to a maximum of two
service lanes and a required bypass line.
(d)
A drive-through facility shall not adversely impede or conflict
with pedestrian and/or vehicular circulation in the area.
(e)
The Planning Board or Board of Adjustment shall be satisfied
that the on-site and off-tract circulation is accommodating the proposed
traffic volume associated with such facility, particularly during
peak hours. The stacking driveway for the drive-through window shall
provide room for no more than two lanes of patrons plus a bypass lane
and shall be separated from any off-street parking areas and their
access aisles, loading areas or trash enclosures.
(6)
Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83J, unless as otherwise noted below:
(a)
There shall be consistent sign design theme throughout the development.
A unifying design theme shall include style of lettering, method of
attachment, construction material, size proportion, lighting, position
and day/night impacts. Signs shall be a subordinate rather than a
predominant feature of any building.
(b)
A comprehensive signage plan shall be provided which covers
overall project identification, window signage and lettering, individual
building/tenant identification, traffic regulations, pedestrian crossing,
street identification, parking and directional instructions. A signage
hierarchy shall be established governing the above signage categories.
(c)
Freestanding sign setback: minimum of 20 feet from a public
right-of-way.
(7)
Route 206 right-of-way. The following are specific requirements
for property fronting along Route 206.
[Added 7-14-2020 by Ord.
No. 2020-16]
A.
Purpose, applicability, and affordable housing obligation.
(1)
The purpose of the MFID-1 Zone is to establish a multifamily
residential zone that provides for affordable housing including housing
for the special needs population. The standards are intended to offer
maximum flexibility for site design and selection of dwelling unit
types in order to offer a balanced housing pattern attractive to all
income and age segments of the community as part of the Township's
fair share housing plan for meeting the Township's low- and moderate-income
housing needs.
(2)
This zone applies to Lot 227 in Block 151.09 on the Hillsborough
Township Tax Map, which is to be planned and developed as a single
tract.
(3)
A minimum of 34 units in the zone shall be low- and moderate-income units in accordance with applicable affordable housing regulations including but not limited to Article VII of this chapter; and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income) proportionally distributed across each bedroom size. In addition to the 34 affordable units, there shall be a minimum of 27 supportive housing bedrooms meeting the definition of "alternative living arrangements" found at N.J.A.C. 5:93-1.3. These 27 supportive housing bedrooms may be located entirely within apartment units, or alternatively, up to 10 of the 27 supportive housing bedrooms may be placed in up to two stand-alone houses on two separate lots with each house counting as one unit towards the 223 total units provided for in Subsection D(2)(a) below.
C.
Permitted accessory uses.
(1)
Recreational or community facilities for the collective use
of the residents and their guests such as but not limited to: clubhouses,
swimming pools, sitting or picnic areas, playgrounds, walking, cycling
or exercise trails, and other appropriate active and passive recreational
facilities associated with residential communities.
(2)
Management and maintenance facilities such as but not limited
to: garages, storage sheds, maintenance facilities, and leasing offices
that may include partial, noninhabitable model units.
(3)
All other uses customarily incidental and accessory to multifamily
residential communities.
D.
Yard and bulk requirements.
(1)
Minimum tract size: 42 acres. (See § 188-113.8K for subdivision requirements.)
(2)
Maximum residential units in the zone:
(a)
Total units: 223 inclusive of the affordable housing obligations in § 188-113.8A(3) above.
(b)
Market units: 181.
(3)
Maximum impervious coverage: 30%.
(4)
Minimum principal building setback from railroad right-of-way:
100 feet.
(5)
Minimum principal building setback from external tract boundary:
townhomes, 50 feet; multifamily buildings, 100 feet.
(6)
Minimum accessory building setback from external tract boundary:
50 feet.
(7)
Minimum landscaped buffer from adjoining residential uses or zones: 25 feet. Buffers must conform to the design standards in § 188-38 of the Township Code.
(8)
Minimum internal building setbacks. Setbacks for buildings shall
be measured from the closest point of the building to the nearest
edge of the sidewalk or curb, whichever is closer, along all internal
streets.
(9)
Maximum building height. "Building height" shall be defined
as the vertical distance from the average grade at the ground level
adjoining the front wall to the top of the highest gable, slope of
a hip roof or otherwise the highest point on the roof.
E.
Yard and bulk requirements for single-family detached special needs
homes on a subdivided lot.
(1)
Maximum number of lots: two lots (see § 188-113.8K of the Township Code for subdivision requirements).
(2)
Minimum lot size: 12,500 square feet.
(3)
Minimum front yard: 30 feet.
(4)
Minimum side yard: 15 feet.
(5)
Minimum rear yard: 35 feet.
(6)
Minimum building setback from railroad right-of-way: 100 feet.
(7)
Maximum building height: 2 1/2 stories/35 feet.
(8)
Maximum impervious coverage: 43%.
(9)
Minimum accessory building setback from a side or rear property
line: 10 feet (accessory buildings are prohibited in the front yard).
(10)
Maximum accessory building height: 15 feet.
(11)
Employee parking spaces are prohibited in the front yard.
F.
Parking requirements.
(1)
The number and dimensions of all residential on-site parking
shall be governed by the New Jersey Residential Site Improvement Standards
(RSIS).
(2)
The clubhouse shall require one space per 300 square feet of
building area.
(3)
All parking areas shall be set back at least 20 feet from a
tract boundary. In addition, parking that is potentially visible from
an off-site residential use shall be appropriately screened by a combination
of landscaping, berms and/or fencing that is acceptable to the applicable
reviewing board.
(4)
The interior of parking lots shall be landscaped to provide
shade and visual relief. Each row of 15 adjacent spaces shall be separated
from the next space by a five-foot-wide, ten-foot-long tree peninsula,
which shall contain, at a minimum, one deciduous street tree and appropriate
ground cover.
G.
Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83 of the Township Code unless otherwise noted below.
(1)
There shall be a consistent sign design theme throughout the
development. A unifying design theme shall include style of lettering,
method of attachment, construction material, size proportion, lighting,
position and day/night impacts.
(2)
A comprehensive signage plan shall be provided with a site plan
or subdivision application that covers overall project identification,
individual building identification, traffic regulations, pedestrian
crossing, street identification, parking and directional instructions.
A signage hierarchy shall be established governing the above signage
categories.
(3)
One monument sign measuring no greater than 20 square feet and
four feet high is permitted at each major entrance from Valley Road.
The sign shall be set back at least 20 feet from the public right-of-way.
H.
Open space requirements.
(1)
No less than 40% of the total tract area shall be devoted to
a contiguous, uninterrupted conservation and/or open space area. Required
open space may include natural areas such as forests, fields, flood
hazard areas, watercourses, water bodies, stream corridors, wetland
areas, wetland buffer areas, and detention basins.
(2)
No land disturbance, improvements, structures, or installations
shall be permitted within the required open space. No trash, waste
or any other materials shall be deposited or stored or allowed to
be deposited or stored within the open space area. No buildings or
structures of any description shall be located or erected within the
open space other than the improvements and drainage facilities permitted
herein.
(3)
Bicycle and pedestrian trails, fencing, security lighting, and
utilities servicing the development (both above and below ground),
may be provided in the required open space.
(4)
The regular and customary maintenance of vegetation and facilities
within the open space shall be conducted by a private association
including but not limited to: lawn maintenance; planting and mulching
of landscape beds; tree maintenance; removal of dead or diseased trees
or limbs; removal of invasive plant species; pond and stormwater facility
maintenance to preserve or improve water quality; cleaning, improvement,
and protection of drainage systems; site stabilization measures; and
similar improvements to keep the open spaces clean and maintained.
All maintenance activities located within designated wetland areas
shall be subject to and comply with all NJDEP rules, regulations and
restrictions
I.
Green technology requirements. All applications for new development
in the zone shall demonstrate to the applicable municipal board or
approving authority how the development will incorporate green building
practices found in the LEED (Leadership in Energy & Environmental
Design) Green Building Rating System, the Enterprise Green Communities
Criteria, or an equivalent rating system.
J.
Supplemental regulations.
(1)
Multiple permitted principal and accessory structures shall
be permitted on the same lot.
(2)
A comprehensive landscape plan prepared by a licensed landscape architect shall be provided for the entire site including a restoration and maintenance plan for all open space areas in accordance with § 188-113.8H(4) above.
(3)
Exterior building design shall be coordinated with regard to
color, types of materials, architectural form, and detailing. Multiple
buildings on the same site shall be designed to create a cohesive
relationship between the buildings. Unless bordering the railroad,
multifamily buildings should be located on the interior of the site
with townhomes forming the outside border of the site.
(4)
An internal pedestrian circulation system shall be provided.
Appropriate sidewalks, pavement treatments, crosswalks, and signage
shall be provided. A pedestrian walkway and enhanced crosswalks shall
connect the internal pedestrian system to any on-site community facilities.
(5)
Fencing may be included on the perimeter of the tract, or within
the tract, provided that the fencing is of an architecturally compatible
design and consistent throughout the tract. Solid fences are prohibited
except when used for screening purposes. No fence shall exceed a height
of five feet above finished grade unless otherwise indicated herein.
(6)
All trash and recycling storage areas shall be screened from
the public view at the ground level using brick or masonry walls,
solid wooden fences or simulated wooden (e.g., PVC) fences and perimeter
landscaping on three sides with a compatible gate design on the fourth
side. Masonry walls shall be textured to blend into the overall design
of the project. The height of the screening walls shall be six feet.
All dumpsters shall have a secure lid.
(7)
If the applicant proposes to phase the development, the phasing
plan shall be subject to approval with the site plan or subdivision
application.
K.
Subdivision requirements. A tract may be subdivided to accommodate
certain documented financing arrangements in accordance with the following
provisions:
(1)
The tract shall not be subdivided into more than three separate lots with the exception that two additional lots may be subdivided off for the construction of two single-family detached special needs homes, which shall front on Valley Road and conform to the requirements in § 188-113.8E of the Township Code.
(2)
The minimum lot size shall be 10 acres.
(3)
Lot lines shall follow traditional boundaries such as roadway
centerlines and curb lines.
(4)
All lots shall abut and have direct access to either a public
or private street.
(5)
Lot lines shall not bisect or otherwise split buildings, parking
spaces, parking rows, recreation facilities, or other functional structures.
(6)
Permanent cross-access easements shall provide all lots with
access to Valley Road, shared community and recreation facilities,
parking lots, and school bus stops.
(7)
All required maintenance of the tract including but not limited
to landscaping, community buildings and facilities, utilities, street
repairs and snow plowing, shall continue to be the responsibility
of a single entity.
(8)
The applicant must demonstrate how the subdivided tract would
be completed in its entirety in compliance with the approved site
plan.
[Added 8-11-2020 by Ord.
No. 2020-17]
A.
Purpose, applicability, and affordable housing obligation.
(1)
The purpose of the Royce Brook Planned Residential District
(RBPRD) is to permit a comprehensively designed golf course community
while providing for a more flexible placement of buildings, allowing
for the grouping of green spaces, preservation of critical open spaces,
and providing for flexibility in architectural design.
(2)
This zone applies to the following properties: Block 183, Lot
38.01 and Block 183.01, Lot 1 on the Hillsborough Township Tax Map.
(3)
Residential development in the district is subject to an affordable
housing fee in the amount of $120,000 per unit equal to 24% of the
total number of market rate units constructed in the district. Non-residential
development is subject to the New Jersey Non-Residential Development
Fee (N.J.S.A 40:55D-8.1).
B.
Permitted principal uses.
(1)
Golf course.
(2)
Restaurants and banquet facilities associated with a golf course
(drive-through restaurants are prohibited).
(3)
Temporary lodging facilities without cooking facilities associated
with and located on a golf course.
(4)
Telecommunication towers in existence at the time this section
was adopted.
(5)
Detached single-family dwellings located within a comprehensively
planned residential tract.
C.
Permitted accessory uses.
(1)
Gatehouses, garages, storage sheds, maintenance facilities,
and leasing offices.
(2)
Recreational or community facilities for the collective use
of the residents and their guests such as but not limited to: clubhouses,
swimming pools, tennis or other sport courts, sitting or picnic areas,
walking, cycling or exercise trails and other appropriate active and
passive recreational facilities.
(3)
Golf driving range, golf academy, and mini golf, when accessory
to a regulation-size golf course.
(4)
All other uses customarily incidental and accessory to residential
communities and/or golf courses.
D.
Residential tract requirements. For the purposes of this section
a "tract" is defined as an area of land comprised of one or more adjacent
lots which together have sufficient dimension and area to make one
parcel of land meeting the requirements of this section for the uses
intended. All residential structures and any other structures that
generate wastewater within the tract shall be located within the sewer
service area in existence at the time this ordinance was adopted.
There shall be no more than one residential tract in the district.
(1)
Maximum tract size: 180 acres.
(2)
Minimum area reserved for recreation and open space (entire
tract): 30%.
(3)
Maximum number of residential units (entire tract): 174. Up
to six additional units may be constructed if the existing two-acre
telecommunication tower site is abandoned.
(4)
Maximum building coverage (entire tract): 35%.
(5)
Maximum impervious coverage (entire tract): 45%.
(6)
All residential development shall be serviced by both public
water and sewer facilities.
E.
Yard and bulk requirements for detached single-family dwellings.
(1)
Minimum lot size: 6,000 square feet.
(2)
Minimum lot width at setback: 55 feet. The minimum required
lot width may be reduced by up to 25% for lots fronting on cul-de-sac
and curved roads.
(3)
Minimum lot depth: 110 feet.
(4)
Minimum yard setbacks - principal building:
(a)
Front yard: 20 feet.
(b)
Side yard, any: six feet. Eaves, cornices, overhangs, bay windows,
porches, stairs, and chimneys are permitted to protrude into the side
yard setback up to 12 inches, provided a minimum clear area of five
feet is maintained between all structures on a lot and all side property
lines.
(c)
Rear yard: 20 feet.
(6)
Maximum height - principal building: 2 1/2 stories/35 feet.
(7)
Maximum height - accessory structures: 14 feet.
F.
Yard and bulk requirements for nonresidential buildings.
(1)
Golf course.
(2)
(3)
Overnight lodging facilities associated with and located on
a golf course.
(a)
Overnight lodging is permitted in the form of freestanding cottages,
as a component of the club house, or as some combination of the two
lodging types, but not to exceed a total of 20 bedroom units.
(b)
A total of five cottages are permitted on the golf course with
a maximum of four bedroom units per cottage.
(c)
Cottages shall have a maximum building height of 35 feet and
two stories.
(d)
A cottage structure shall have a minimum setback from adjacent
cottage structures of 15 feet and 25 feet from all other structures.
H.
Open space and recreational requirements.
(1)
No less than 30% of the total residential tract area (excluding
existing road rights-of-way) shall be devoted to conservation, open
space, and/or recreational purposes. Required open space may include
golf course areas, flood hazard areas, watercourses, water bodies,
stream corridors, wetland areas, wetland buffer areas, and detention
basins. Individual residential lots or portions thereof shall not
be included in common open space.
(2)
At least 50% of the gross area of the district must be used
as a golf course, open space or combination thereof.
(3)
Grading, landscaping, planting, walkways, cart paths, trails,
fencing, lighting, drainage structures, utilities servicing the development
(both above and below ground), pump houses, irrigation facilities,
ponds, basins, and other related improvements may be provided in the
required open spaces.
(4)
The regular and customary maintenance of vegetation and facilities
within any common open space shall be conducted by a private association
(unless otherwise conducted by a golf course), including but not limited
to: lawn maintenance; planting and mulching of landscape beds; tree
maintenance; removal of dead or diseased trees or limbs; removal of
invasive plant species; pond and stormwater facility maintenance to
preserve or improve water quality; cleaning, improvement, and protection
of drainage systems; site stabilization measures; and similar improvements
to ensure appropriate use and enjoyment by the residents and generally
keep the open spaces clean and maintained.
I.
Signs.
(1)
A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83J.
(2)
A comprehensive signage plan shall be provided with each site
plan or subdivision application that establishes a hierarchy for overall
project identification, individual building/tenant identification,
traffic regulations, pedestrian crossing, street identification, parking
and directional instructions. The sign plan shall present a consistent
design theme throughout the development including but not limited
to style of lettering, method of attachment, construction material,
size proportion, lighting, position and day/night impacts.
J.
Supplemental regulations.
(1)
Gatehouse(s) are permitted at the entrance to the residential
development, provided they are designed comprehensively as part of
a community identification package. Gatehouse structures shall be
set back a minimum of 80 feet from existing public roads and shall
provide for resident access as well as visitor and emergency access,
to the reasonable satisfaction of the Township.
(2)
Location, design, and control of fences, lighting, public and
private landscaping (including street trees), community buildings
and related parking, bikeways and pathways, entrance structures, signage,
and private roads, to the extent that they are proposed, shall be
incorporated in the subdivision and/or site plan submitted for approval.
(3)
An internal pedestrian and bicycle circulation system shall
be provided with appropriate sidewalks, pavement treatments, crosswalks,
and signage. Opportunities to connect to existing and proposed trail
systems outside of the district shall be provided.
(4)
If the applicant proposes to phase the development, the phasing
plan shall be subject to approval with the site plan or subdivision
application.
(5)
A buffer area with a minimum width of 75 feet shall be provided wherever the boundaries of the Royce Brook Planned Residential District abut a residential zone in existence at the time of the adoption of this section. In areas where insufficient natural buffering exists, additional trees shall be planted to provide the required visual or safety barrier. Buffers shall otherwise be designed in accordance with § 188-38.
