In the MFR District, no lot or structure shall
have as a principal use, and no structure shall be located, relocated,
erected, constructed, reconstructed, enlarged or structurally altered
for the purpose of any principal use, except the following:
A.
Multifamily dwelling or dwellings, which shall consist
of townhouses or garden apartments, defined as follows:
B.
C.
Conditional uses permitted by § 100-44, subject to the regulations for such uses set forth in § 100-44 (and not subject to the requirements for this article).
[Amended 7-6-2010 by Ord. No. 2010-12A[2]]
[2]
Editor's Note: This ordinance also repealed original Subsection
H, regarding retail food, drug and sundries store as a special exception
use, and original Subsection I, regarding tavern or bar as a special
use, which immediately followed this subsection.
Accessory uses and structures to any of the
foregoing permitted uses are permitted, including:
A.
[1]On lots whose principal use is for multifamily dwelling
purposes, structures not exceeding 25 feet in height shall be permitted
for the purpose of providing recreational or maintenance services
to the residents on said lot. Such structures may include swimming
pools, locker rooms, community buildings, maintenance buildings, communal
parking structures and the like, provided that all such structures
conform to the requirements of this Part 1 and to the general site
plan and design character of the multifamily dwelling development.
A minimum lot area of 15 acres shall be required.
A minimum lot width of 500 feet shall be required.
No principal or accessory building shall be
closer than 100 feet to the nearest lot line.
No structure shall exceed 35 feet in height.
There shall not be situated on the lot more
than a total of eight dwelling units per acre of lot area.
The following standards shall apply:
A.
The total floor area of all principal and accessory
structures shall not exceed 20% of the lot area.
B.
The total area of all lot area not covered by buildings
or structures and not suitable or designed for parking or vehicular
traffic shall be not less than 65% of the lot area.
C.
Not less than 20% of the lot area shall be devoted
to recreational purposes, designed for recreation of the lot residents;
except that this may be reduced to 10%, provided that an equal area
is used for agricultural purposes or if such recreational development
would require substantial clearing of woodlands.
D.
Two off-street parking spaces shall be provided for
each dwelling unit on the lot.
A.
In order to promote diversity of development and to
ensure that the proposed MFR District shall meet the needs of a broad
segment of the population, not less than 20% nor more than 50% of
the dwelling units on any lot shall be townhouses. The remainder shall
be garden apartments.
B.
Insofar as the purpose of the MFR Zone is to meet
the needs of a broad cross section of the population not currently
being accommodated by single-family dwellings, and insofar as the
nature of potential MFR District households may not only impose economic
limitations but will also be such that small dwelling units will be
desired (particularly for the elderly and young single individuals
or couples), the following requirements are established:
In order to facilitate efficient traffic circulation
within the site and to prevent traffic congestion, access and traffic
control shall be provided for each lot in the following manner:
A.
Not more than two accessways per lot shall be permitted.
B.
Each accessway shall be not less than 15 feet in width
for one-way traffic and not less than 20 feet nor greater than 35
feet in width for two-way traffic.
C.
All accessways shall be paved with an asphaltic or
concrete material so as to be hard surfaced, dust free, well drained
and safe for ingress and egress of motor vehicles.
D.
Curb cuts shall not exceed 50 feet in width.
E.
No accessway shall be closer than 75 feet to another
accessway or 25 feet to a side lot line or closer than 250 feet to
any intersection of street lines.
F.
Speed-change lanes (acceleration and declaration)
may be required by the Planning Board when, in the judgment of the
Township Engineer, sufficient vehicular volume is generated by the
activity and traffic-flow volume and patterns on the primary access
street justify such requirement. Required speed-change lanes shall
be designed in accordance with A Policy on Geometric Design of Rural
Highways, Chapter VII, pages 341 through 358, copyright 1966, published
by American Association of State Highway Officials general offices,
917 National Press Building, Washington, D.C., and be subject to approval
of the Township Engineer.
G.
Access to the street shall be physically separated
by a curb, planting strip or other suitable barrier against unchanneled
traffic.
H.
All two-way accessways shall have appropriate lane
markings and directional indicators.
I.
Lighting facilities shall be installed to light accessways
adequately and shall be installed so as to reflect light downward
and away from any adjoining lots and from any street.
J.
Traffic-directing signs may be required by the Planning
Board where large traffic volumes would create congestion and unsafe
conditions.
Signs, other than those relating to the principal use described in § 100-55H, shall conform to the provisions of Article IX, § 100-52, of this Part 1, except that in lieu of a sign identifying any individuals, one sign not exceeding 10 square feet in area may be erected at each access point giving the name of the development.
A.
Existing trees on the lot shall be preserved wherever
possible. The protection of trees six inches or more in diameter (measured
at a height 4 1/2 feet above the original grade) shall be a factor
in determining the location of open space, structures, underground
utilities, walks and paved areas. Areas in which trees are preserved
shall remain at original grade level and undisturbed wherever possible.
B.
Where extensive natural tree cover and vegetation
does not exist and cannot be preserved on the lot, landscaping shall
be regarded as an essential feature of the lot. In these cases, extensive
landscaping shall be undertaken in order to enhance the appearance
of the lot, to aid in erosion control, to provide protection from
wind and sun, to screen streets and parking areas and to enhance the
privacy of dwelling units.
C.
A minimum of 15% of the area of all special flood
hazard areas as designated on the applicable Federal Insurance Administration
Flood Hazard Boundary Map shall be planted with a coverage of trees
or shrubs designed to prevent erosion in the event of flooding. The
remaining area within such floodplains shall be planted with grass
or other suitable ground cover or left in a state of natural vegetation.
D.
A landscaping plan shall be submitted to the Planning
Board for approval prior to any lot being used for multifamily dwelling
purposes, and no certificate of occupancy for any multifamily dwelling
on the lot shall be issued before such landscaping is substantially
complete.
A.
Sanitary sewer. Every sanitary sewer disposal system
on each lot shall be connected to and discharge its sanitary sewage
into an adequate public sewage system acceptable to the Township Engineer
as well as the New Jersey State Department of Environmental Protection,
and approved by the Township Board authorized to grant site plan approval.
[Amended 12-30-1981 by Ord. No. 81-23]
B.
Storm sewer. Every lot shall contain a stormwater
system designed to prevent stormwater runoff to adjacent lots and
streets at rates greater than rates prior to construction. Additional
runoff may be directed to adjacent streams upon approval of runoff
calculations and designs acceptable to the Township Engineer.
(1)
Retention ponds may be approved by the Township Engineer,
provided that such ponds shall be completely enclosed by fencing at
least four feet high with maximum openings of 15 square inches and
not more than two operable openings which are to be kept locked when
not in use. Such fencing is to be screened by planting when visible
from streets or adjacent residential areas.
(2)
In the event that a storm sewer line shall cross a
sanitary sewer line, the storm sewer line shall be above.
C.
Water. All water for dwelling units, swimming pools,
maintenance, etc., shall be secured from a public water system acceptable
to the Township Engineer and to any applicable requirement of the
New Jersey Department of Environmental Protection, and approved by
the Township Board authorized to grant site plan approval.
[Amended 12-30-1981 by Ord. No. 81-23]
D.
All telephone, electric and cable television utility
lines shall be installed underground.
E.
Lighting.
(1)
All streets, off-street parking areas and areas of
intensive pedestrian use shall be adequately lighted. All such lighting
shall be designed and located so as to direct light away from adjacent
residences.
(2)
Adequate lighting shall be provided after dark. Appropriate
lighting fixtures shall be provided for walkways and to identify steps,
ramps and signs. Such lighting shall be designed and located so as
to direct light away from adjacent residences.
The following provisions shall apply to all
lands on the lot not part of individual dwelling units or a use permitted
by § 100-55H or maintained by the lot owner or his agent,
which lands are called common open space:
A.
All improvements of the common open space(s), including
recreational facilities, buildings and landscaping, shall be completed
before any certificate of occupancy is granted for a building on the
lot.
B.
The lot owner shall provide for and establish an organization
for the ownership, maintenance and preservation of common open space,
which shall conform to the following standards and procedures:
(1)
The organization shall be established by the lot owner
before the sale or rent of dwelling units and before the issuance
of a certificate of occupancy for the dwelling unit.
(2)
The form, financial capability, rules of membership
and methods of cost assessment of the organization shall be devised
so as to ensure the successful fulfillment of the maintenance, preservation
and improvement responsibilities of the organization.
(3)
The organization shall have or hire adequate staff
to administer common facilities and maintain the common open space
for the primary benefit of the residents of the lot. Such organization
shall not be dissolved and shall not dispose of any common open space,
by sale or otherwise, except to an organization conceived and established
to own and maintain the common open space for the benefit of the development,
thereafter such organization shall not be dissolved or dispose of
any of its common open space without first offering to dedicate the
same to the Township.
(4)
Common open space shall be reserved by grant of easement, deed or covenant setting them aside for the benefit of the residents of the lot; however, the method of reserving such lands to such use shall be approved by the Planning Board and the legal documents to be used in connection therewith shall be subject to review by the Planning Board Attorney and as required in Subsection B(5) hereof.
(5)
All documents pertaining to any organization and to
the common open space shall be subject to review of the Township Attorney,
shall be countersigned by the Chairman of the Planning Board and the
Mayor and shall be recorded before a certificate of occupancy for
any dwelling unit on the lot is issued.
D.
The uses authorized for the common open space must
be appropriate to the scale and character of the development, considering
its natural features, size, land use intensity, potential population
and the number and types of dwelling units to be located thereon.
Whenever possible, common open space shall be designed as a contiguous
area interspersed with residential areas with pedestrian and visual
access available to all residents of the development.
E.
Significant natural features, such as woodland areas,
large trees, natural watercourses and bodies of water, rock outcroppings
and scenic views, shall be incorporated into common open space areas
whenever possible.
F.
Development of a site must be planned so as to coordinate
the establishment of common open space areas and the construction
of dwelling units.
G.
In the event that the aforesaid organization shall
fail to maintain the open space in reasonable order and condition,
the Township Committee may serve written notice upon such organization
or upon the owners of the development setting forth the manner in
which the organization has failed to maintain the open space in reasonable
condition, and said notice shall include a demand that such deficiencies
of maintenance be cured within 35 days thereof and shall state the
date and place of a hearing thereon which shall be held within 15
days of the notice. At such hearing, the Township Committee may modify
the terms of the original notice as to deficiencies and may give a
reasonable extension of time, not to exceed 65 days, within which
they shall be cured. If the deficiencies set forth in the original
notice or in the modification thereof shall not be cured within said
35 days or any permitted extension thereof, the Township, in order
to preserve the open space and maintain the same for a period of one
year, may enter upon and maintain such land. Said entry and maintenance
shall not vest in the public any rights to use the open space except
when the same is voluntarily dedicated to the public by the owners.
Before the expiration of said year, the Township Committee shall,
upon its initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, call a public hearing
upon 15 days' written notice to such organization and to the owners
of the development, to be held by the Township Committee, at which
hearing such organization and the owners of the development shall
show cause why such maintenance by the Township shall not, at the
election of the Township, continue for a succeeding year. If the Township
Committee shall determine that such organization is ready and able
to maintain said open space in reasonable condition, the Township
shall cease to maintain said open space at the end of said year. If
the Township Committee shall determine such organization is not ready
and able to maintain said open space in reasonable condition, the
Township may, in its discretion, continue to maintain said open space
during the next succeeding year, subject to a similar hearing and
determination in each year thereafter. The decision of the Township
Committee in any such case shall constitute a final administrative
decision subject to judicial review.
H.
The cost of such maintenance by the Township shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
assessed value at the time of imposition of the lien, and shall become
a lien and tax on said properties and be added to and be a part of
the taxes to be levied and assessed thereon, and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
A.
The natural features of the site shall be a factor in determining the siting of dwelling unit structures. The results of the natural features analysis in § 100-71 shall be considered in the siting of all dwelling unit structures.
B.
Dwelling unit structures shall be located and sited
so as to promote pedestrian and visual access to common open space
wherever possible.
C.
Dwelling unit structures shall be located and arranged
so as to promote privacy for residents within the development and
maintain privacy for residents adjacent to the development.
D.
Dwelling unit and other structures located within
200 feet of the perimeter of the lot must be set back by a distance
sufficient to protect the privacy of adjacent existing uses.
E.
The design of all dwellings, accessory structures,
lighting standards, signs and other improvements shall generally conform
in character with each other. Innovative design which relates to the
character of landscape and topography shall particularly be encouraged.
F.
Overall or component building lengths.
(1)
No townhouse dwelling unit shall be less than 16 feet
wide. Apartment buildings may consist of any configuration that meets
the prescribed area and yard requirements and does not exceed the
following overall or component building lengths:
 |
(2)
Buildings measured along the center line shall provide
one opening at ground level at least every 250 feet. This opening
shall be a minimum of 15 feet in clear width and height and be at
an elevation enabling emergency vehicle access through the opening.
G.
Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the development, which shall
include consideration of landscaping techniques, building orientation
to the site and to other structures, topography, natural features
and individual dwelling unit design such as varying unit widths, staggering
unit setbacks, providing different exterior materials, changing rooflines
and roof designs, altering building heights and changing types of
windows, shutters, doors, porches, colors and vertical or horizontal
orientation of the facades, singularly or in combination for each
dwelling unit. Any overall structure of attached townhouses shall
provide that no more than two adjacent dwelling units have the same
setback.
H.
Sufficient area and equipment shall be made available
within each building for the laundering and artificial drying of laundry
of occupants of each building.
I.
Each residential building shall contain a single master
television antenna system which shall serve all dwelling units within
the building.
J.
Courts bounded on three or more sides by the wings
of a single building or by the walls of separate buildings shall have
a minimum court width of two feet for each one foot in height of the
tallest adjacent building.
K.
No garden apartment building or attached group of
townhouses shall be located within 25 feet of another structure.
L.
Every apartment building or attached group of townhouses
shall have a minimum setback of 20 feet from any and all streets,
interior roads, driveways and parking areas.
M.
Garages or carports not a part of a garden apartment
dwelling structure but intended for use of the residents of a multiple-family
dwelling structure and all other accessory buildings shall be located
at least 15 feet from the nearest wall of any garden apartment dwelling
structure.
N.
Open space adjacent to, around or between buildings
not surfaced as walkways, driveways, parking areas, utility areas
or other required improvements shall be graded and seeded to provide
a thick stand of grass or other plant material. Approaches to apartment
and townhouse dwelling structures and entrance areas shall be attractively
shrubbed and properly maintained.
O.
Each apartment dwelling unit or townhouse shall contain
complete kitchen facilities and toilet, bathing and sleeping facilities
and shall have a habitable floor area in accordance with the following:
(1)
An efficiency apartment shall contain a minimum of
600 square feet.
(2)
A one-bedroom apartment or townhouse shall contain
a minimum of 700 square feet.
(3)
An apartment or townhouse with more than one bedroom
shall contain the minimum square footage of habitable floor area required
for a one-bedroom apartment plus 250 square feet for each bedroom
above one bedroom.
P.
In addition to the required habitable floor area,
there shall be a minimum storage area in each residential building
for bicycles, perambulators, furniture and similar types of equipment
of 50 square feet in area and a minimum of seven feet in height per
dwelling unit. Storage areas for each dwelling shall be separate and
designed for individual access by dwelling unit residents.
Q.
Garbage pickup and other utility areas must be provided
and shall be located with a view both to convenience and to minimizing
the detrimental effect on the aesthetic character of the building(s)
and shall be enclosed and shielded from view by fencing, walls or
shrubbery of at least six feet in height around the perimeter. Fencing
and walls shall be not more than 50% open on the vertical surface.
In order to determine which specific areas of
a lot are best suited for high-density development, which areas are
best suited for lower-density development and which areas should be
preserved in their natural state as open space areas, a thorough analysis
of the natural features of the lot will be required. The following
subject categories must be included in this analysis:
A.
Hydrology. Analysis of natural drainage patterns and
water resources, including an analysis of streams, natural drainage
swales, ponds or lakes, wetlands, floodplain areas, permanent high
water table areas and seasonal high water table areas throughout the
site.
B.
Geology. Analysis of characteristics of rock formations
underlying the site, including defining aquifers (particularly those
locally subject to pollution), shallow bedrock areas and areas in
which rock formations are unstable.
C.
Soils. Analysis of types of soils present in the site
area, including delineation of prime agricultural soil areas, aquifer
recharge soil areas, unstable soils, soils most susceptible to erosion
and soils suitable for urban development.
D.
Topography. Analysis of terrain of the lot of elevation
and delineation of slope areas over 20%, between 10% and 20%, and
under 10%.
E.
Vegetation. Analysis of tree and plant cover of the
lot emphasizing the location of woodland and meadowland areas. Dominant
tree and plant species should be identified and the characteristics
of each understood.
F.
Microclimate. Analysis of seasonal temperatures, seasonal
precipitation, seasonal prevailing winds and daily hours of sunlight
in specific areas of the site.
In order to determine the impact of the development
upon the municipality, an analysis of the potential effects of the
development upon public facilities, utilities and public street systems
will be required. A comparison of the costs to the municipality versus
the revenues to the municipality produced by the development will
be included in the analysis. Market analysis data which estimates
potential market demand for various types of housing in the area of
the proposed site may also be required.
Prior to using any land or to erecting, altering or occupying any structure for any use permitted in § 100-55A of this Part 1, site plan approval pursuant to Chapter 100, Part 2, Development Regulations, shall be obtained.
B.
Following site plan approval as above described, a
certificate of occupancy shall be issued by the Zoning Officer, provided
that all improvements required by such site plan approval have been
installed or constructed and the building, structure or use is ready
for occupancy.
E.
Each site plan submitted to the Planning Board for
approval shall be accompanied by an environmental impact statement
which shall address the following issues and items:
(1)
The anticipated impact of the proposed project on
the environment in terms of traffic, population, noise, water supply,
water runoff, sewage, electrical demand and aesthetics.
(2)
The compatibility of the proposed development with
the development goals as expressed in the Township Master Plan.
(3)
The commitment of natural resources such as water,
gas and electricity as a result of the proposed development. Signed
statements from the managers of the various utilities affected must
be included stipulating that the proposed development will:
(4)
If the proposed development requires the clearing
of a forested area, the damage to select stands of native trees be
damaged and the serious effect of natural wild life in the area.
(5)
All changes in natural water runoff and the ultimate
disposal of the stormwaters collected within the proposed site described
in detail. The environmental effects of the runoff and the location
of the stormwater discharge points must be discussed to ensure that
no substantial increases in flooding will occur as a result of the
development.
(6)
All changes in air pollution, noise levels and other
environmental quality indices which may result from the proposed development
must be specifically discussed in the report.
(7)
All methods of construction to be used during the
building phase outlined and specific restraints specified to avoid
any adverse affects upon the surrounding area, including effects of
traffic, noise and soil erosion.
F.
Prior to the issuance of final approval on any development, proof must be submitted to the Planning Board by the applicant that the standards contained in this Part 1 will be complied with. If there is any reasonable doubt that the intended use will conform to any of said standards, the Planning Board shall request from the applicant a fee, as established in Chapter 83, Fees, for each section in doubt, which will be used to defray the cost of a special report to the Planning Board by an expert consultant qualified to advise on conformance to the required standard, and any portion of such fee not necessary to defray such cost shall be returned to the applicant. Said report shall be made within 30 days of the request and copies of it made available to the applicant.[1]
G.
Prior to the issuance of final site plan approval
for any planned development, the Planning Board shall find the following
facts and conclusions:
(1)
Departures by the proposed development from zoning
regulations otherwise applicable to the subject property conform to
the standards in this Part 1.
(2)
The proposals for maintenance and conservation of
the common open space are reliable and the amount, location and purpose
of the common open space are adequate.
(3)
Provision through the physical design of the proposed
development for public services, control over vehicular and pedestrian
traffic and the amenities of light and air, recreation and visual
enjoyment are adequate.
(4)
The proposed development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(5)
In the case of a proposed development which contemplates
construction over a period of years, the terms and conditions intended
to protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
H.
If, with respect to the development requiring site
plan approval, water is to be supplied (either through a private,
semiprivate or public system) to the site from a well or wells, the
site plan submitted to the Planning Board for approval shall be accompanied
by the following, and approved only on compliance with the following:
[Added 12-30-1981 by Ord. No. 81-23]
(1)
Water supply budget.
(a)
(b)
The above-mentioned budget shall show the total
water demand served by the water supply system providing water to
the proposed development, including any water demand generated by
already existing development served by such water supply system. The
budget shall also show that the applicant owns, or has obtained, the
right to withdraw groundwater from, or a release as to withdrawal
of groundwater from, an area of land which is sufficient in acreage
to provide a water supply necessary to meet the total water demand
served by the said water supply system, and based on such supply withdrawing
groundwater by such wells at a rate not exceeding the safe sustained
yield of applicable aquifers calculated from Appendix C.[5] The area of land referred to shall encompass said wells
and, as to each such well, shall be contiguous or separated only by
streets or roads.
[5]
Editor's Note: Appendix C is located at the
end of this chapter.
(2)
As to any use of any new well in connection with furnishing
such water supply and which, according to such approved water supply
budget, would require a water supply capacity exceeding 25 gallons
per minute, pump-test data shall be supplied for such well. Such data
shall arise from an aquifer pump test of such well as follows:
(a)
The test shall be of at least 12 hours duration
and until either a steady state of drawdown is reached or a point
as nearly as practicable to such state is reached.
(b)
The discharge area from such test well shall
be suitably distant from the pumping of observation wells.
(c)
As to the pumping or test well, there shall
be furnished measurement of the static water level, drawdown levels,
recovery levels, discharge rate and discharge volume, as well as one
set of chemical samples taken during the test.
(d)
An observation well to the test well, or observation
wells if more than one is appropriate to furnish adequate test results,
shall be utilized. As to such observation well(s), there shall be
furnished measurement of static, drawdown and recovery water levels.
Such observation well(s) shall be in hydrologic continuity with the
test well and a suitable distance (approximately 0.5 to 1.5 of the
depth of the test well) from it. Notification shall be given by the
applicant to the Township Engineer at least 48 hours prior to any
time when it is proposed to obtain measurements from such observation
well(s), and such Engineer shall be permitted, if he desires to do
so, to observe the operations during which the measurements are taken.
(3)
Substantiation and determination by the Planning Board
that the use of the proposed new or expanded well for the development
will not have a significant adverse effect on other existing water
supplies. A depletion of more than 50% of the original available drawdown
(as revealed by original well completion test data or other such source)
of such existing wells arising during the operation of the proposed
new or expanded well shall be deemed a significant adverse effect
as referred to above.
(4)
A description disclosing the identity of the owner
and the location of the involved well, and a description of the involved
pumping apparatus and distribution system.
(5)
Use of wells.
(a)
As to any development involving the use of a
well or wells in connection with furnishing such water supply and
which, according to such approved water supply budget, would require
a capacity of such water supply in excess of 25 gallons per minute,
the applicant shall be permitted, upon submission of pump-test data
for the involved well(s) as is required above, as well as any additional
data which may reasonably be required by the Planning Board, to attempt
to establish to the satisfaction of the Planning Board that:
[1]
With the water supply system involved withdrawing
groundwater by such wells at a rate not exceeding the safe sustained
yield of the applicable aquifer (such yield being an amount which
will not, considering climatic abnormalities such as drought, on a
sustained basis exceed the available groundwater recharge of the aquifer).
(b)
The Planning Board may consider in reaching its decision competent evidence supplied by any consultant retained by the Board, as well as such evidence supplied by the applicant and other interested parties. The Planning Board shall approve such smaller land area only if the validity of using such smaller land area, rather than that required by a calculation under Subsection H(1), is established by a preponderance of the substantial credible evidence.
I.
If, with respect to the development requiring site
plan approval, water is to be supplied to the site from a well which
is an already existing well serving as a water supply for a public
water supply system, the site plan submitted to the Planning Board
or Board of Adjustment, as the case may be, for approval shall be
accompanied by a description identifying the owner and location of
the water supply system, the location of the existing distribution
point to which the proposed development would be connected and documentary
proof that the water supply facility has available excess capacity
in terms of its allowable diversion and equipment to supply the proposed
development and is willing to do so.
[Added 12-30-1981 by Ord. No. 81-23]
