[Amended 3-19-1979; 7-9-1979; 11-19-1983 by Ord. No. 83-9; 7-9-1984 by Ord. No. 84-8]
[Amended 10-5-1987 by Ord. No. 87-18; 12-11-1990 by Ord. No.
90-14[1]; 7-29-1991; 10-14-1997 by Ord. No. 97-12; 10-13-1998 by Ord. No. 98-6; 11-10-1998 by Ord. No. 98-4; 6-16-2003 by Ord. No. 03-9]
For the purpose of this chapter, the Township
is hereby divided into the following types of zones, differentiated
according to use and area regulation, to be known and designated as:
|
AR10
|
Agricultural-Residential Zone
|
|
R-1
|
Residential Zone
|
|
R-2
|
Residential Zone
|
|
R-1/2
|
Residential Zone
|
|
R-3
|
Residential Zone
|
|
R-4
|
Residential Zone
|
|
PRD-SC
|
Planned Residential Development — Senior
Citizen
|
|
PRD-4
|
Planned Residential Development (Four Units
Per Acre) Zone
|
|
PRD-1H
|
Planned Residential Development Inclusionary
Housing Zone
|
|
PSCRD
|
Planned Senior Citizen Residential Development
Zone
|
|
RM
|
Residential Multiple-Dwelling Zone
|
|
B
|
Business Zone
|
|
COM/PROF
|
Commercial/Professional Zone
|
|
IL
|
Industrial Light Zone
|
|
I
|
Industrial Zone
|
|
O/IL
|
Office/Light Industrial Zone
|
|
B/IL/WT
|
Business/Light Industrial — Warehousing
Terminal Zone
|
|
OR
|
Office Research Zone
|
[1]
Editor's Note: The provisions of this ordinance
supersede those of the former PRD-5 Planned Residential Development
(Five Units Per Acre) Zone, added 12-30-1985 by Ord. No. 85-6.
A.
The boundaries of the zone districts are hereby established
as shown on the map entitled "Zone District Map of Independence Township,
Warren County, New Jersey," dated 2003, subtitled "Zone District —
A," which map accompanies and is hereby declared to be a part of this
chapter.[1]
[Amended 6-16-2003 by Ord. No. 03-9]
[1]
Editor's Note: The Zoning Map is included
in the pocket part at the end of this volume.
B.
Interpretation of zoning boundaries. Where uncertainty
exists as to any of said boundaries as shown on said map, the following
rules shall apply:
(1)
Zone boundary lines are intended to follow the center
line of the streets, railroads, rights-of-way, streams and lot or
property lines as they exist on plats of record at the time of the
passage of this chapter, where practicable, unless such zone boundary
lines are fixed by dimensions as shown on the Zoning Map.
(2)
Where such boundaries are not fixed by dimensions
and where they approximately follow lot lines, and where they do not
scale more than 10 feet distance therefrom, such lot lines shall be
construed to be such boundaries unless specifically shown otherwise.
(3)
In unsubdivided land and where a zone boundary divides
a lot, the location of such boundary, unless the same is indicated
by dimensions shown on the map, shall be determined by the use of
the scale appearing thereon.
A.
Use regulations. Except as herein provided, no building or structure or part thereof and no lot or land or part thereof shall hereafter be used or occupied except in conformity, as stated below, with the uses specified as permitted principal uses, permitted accessory uses or conditional uses in each of the various zones by Article XII, zone regulations, of this chapter.
(1)
Permitted principal uses are permitted by right upon
proper application to the Zoning Officer, provided that said use is
a use in conformance with the requirements of this chapter in the
zone district in which the lot is located and, for uses so requiring,
subject to the review and approval of a site plan pursuant to this
chapter, where required.
(2)
Accessory uses are permitted upon proper application
to and approval by the Zoning Officer. The Zoning Officer shall rely
upon the following rules for determining the right of the applicant
to establish the proposed accessory use:
(a)
The proposed accessory use shall be customarily
associated with or provided with the permitted primary use existing
on the lot.
(b)
The extent, size and intensity of such proposed
accessory use shall be in keeping with the scale, nature and characteristics
of the permitted primary use on the lot.
(c)
Furthermore, any proposed accessory use or structure
which is contrary to the intent of the zone district in which the
lot is located shall be prohibited.
(3)
Conditional uses. It is hereby recognized that innovations
in and changes in the technology of land development can be beneficial
to the future well-being of the Township, but that such benefits are
unlikely to be realized through the uniform treatment of area, yard
and building requirements on a lot-by-lot basis, and it is also recognized
that certain uses are necessary to serve the needs and convenience
of the Township, but which uses may or become inimical to the public
health, safety and general welfare by reason of their inherent nature
and/or operation and, therefore, require special and proper consideration
of existing and probable future conditions and characteristics of
the surrounding area. Such uses are hereby declared to be conditional
uses and may be permitted in the zones where specified upon application
to and approval by the proper municipal agency and subject to the
special regulations of this chapter governing the procedures for considering
conditional uses, all other applicable regulations of this chapter
and such other conditions and requirements as may be stipulated in
the approval of the conditional use.
B.
Area regulations. Except as herein provided, no building
or structure or part thereof shall hereafter be erected and no existing
building or structure shall be moved, structurally altered, enlarged
or rebuilt except in conformity with the requirements as set forth
by the Schedule of Limitations and the requirements of all other applicable
regulations of this chapter.
The included Schedule of Limitations is made
a part of this article.[1]
[1]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
A.
Continuance. Except as otherwise provided herein,
lawful structures or lawful uses existing on the effective date of
this chapter or a subsequent amendment thereto may be continued even
though such structure or uses do not comply with the regulations specified
by this chapter or the amendment thereto for the zone in which such
structure or use is located; provided, however that:
B.
Abandonment. A nonconforming use that has been abandoned
shall not thereafter be reinstated. A nonconforming use shall be adjudged
to have been abandoned:
(1)
When it is changed to a conforming use.
(2)
In cases where such nonconforming use is a building
or structure designed for such use, when it has been voluntarily discontinued
for a period of 24 consecutive months.
(3)
In cases where such nonconforming use is of a building
or structure not designed for such use or is of a lot or land whereon
there is no consequential building or structure devoted to such use,
when it has been voluntarily discontinued for a period of 12 consecutive
months.
C.
Restoration.
[Amended 6-23-2008 by Ord. No. 2008-09]
(1)
If a nonconforming structure or use is partially destroyed
by any cause whatsoever to an extent of 50% or more, it shall not
be rebuilt or reestablished except in conformity with the regulations
of the zone in which it is located, unless site plan approval is first.
For purposes of determining extent of destruction, basements and cellars
shall be excluded.
(2)
If a nonconforming structure as defined herein is
either partially or totally destroyed by any cause whatsoever, it
may be rebuilt or reestablished in accordance with the size, dimension
or location of which was lawful prior to the adoption, revision or
amendment of any land development regulations without the necessity
of receiving any variance relief therefor, provided that the reconstruction
or reestablishment occurs on the foundation or footprint which existed
at the time of the destruction.
D.
Waiver. Nothing in this chapter shall prevent the
strengthening or restoring to a safe condition any wall, floor or
roof which has been declared unsafe by the Building Inspector or other
competent legal authority having jurisdiction. A nonconforming structure
may be repaired or refurbished but not enlarged or extended.
E.
Unlawful uses. No unlawful structure or unlawful use
of a building or structure, lot or land existing at the effective
date of this chapter shall be deemed to be a nonconforming structure
or use.
F.
Nonconforming lots.
(1)
Any
parcel of land with an area or width less than prescribed for in the
zone in which such lot is located, which parcel was under one ownership
prior to the date of this chapter, may be used as a lot for any purpose
permitted in the zone, provided that the minimum area requirements
for such lot shall be 15,000 square feet of lot size, and said lot
complies with the minimum requirements as to setback, side line and
rear yard as same applied to said parcel of land as set forth in the
schedule of limitations to the Land Development Ordinance which existed
immediately prior to the enactment of this chapter. This subsection
shall not apply to any parcel of land that was not lawfully subdivided
or lawfully in existence prior to the effective date of this chapter.
(2)
Legal,
nonconforming lots located within the R-Residential Districts shall
be permitted to be developed with a single-family dwelling and permitted
additions all in accordance with 255 Attachment 1:1 Schedule of Limitations.
[Added 5-9-2017 by Ord.
No. 2017-04]
A.
Existing natural features, such as trees, brooks,
drainage channels and views, shall be retained. Whenever such features
interfere with the proposed use of such property, a retention of the
maximum amount of such features consistent with the use of the property
shall be required.
B.
Streams and streambeds. No structure shall be built
on a lot any side of which fronts on a natural watercourse unless
a permit or certificate of exemption has been issued by the New Jersey
Department of Environmental Protection or its successor agency as
required by the Floodplain Act (N.J.S.A. 58:16A-50 et seq.).
[Amended 2-13-2007 by Ord. No. 2007-01]
C.
Topsoil. No person, firm or corporation shall strip,
excavate or otherwise remove topsoil for other than reuse on the same
lot except as permitted in other ordinances.
[Added 6-8-87 by Ord. No. 87-11; amended 12-11-1989 by Ord. No.
89-27]
A.
Identification of critical areas. Land or water falling
in the following classifications are to be considered critical areas:
(1)
Flood hazard and wetlands.
(a)
Flood hazard areas. The stream or river channel
and the predominately level area abutting the channel of a watercourse
which has been inundated or covered by floodwater, including, but
without limitation, all areas composed of soils designated as having
extreme flood hazard potential as shown by the soil survey and any
areas within the one-hundred-year flood line as shown on the latest
map designating flood hazard areas within the Township of Independence
and prepared by the United States Department of Housing and Urban
Development. The flood hazard areas shall not be restricted to only
those areas which are designated on said map but shall include any
areas which fit within the definition herein and/or which are located
on the aforementioned maps.
(b)
Critical wetlands areas. Marsh, swampland and
areas saturated with water, including, but without limitation, all
areas composed of soils having a seasonal high-water table at the
surface or as delineated by the New Jersey Department of Environmental
Protection regulations.
(c)
Transitional wetlands areas. All areas composed
of soils having a seasonal high-water table 1.5 feet or less below
the surface or as defined by New Jersey Department of Environmental
Protection regulations for buffer or transitional wetlands.
(d)
Stream area. Any body of continuously or intermittently
flowing water whether designated as a stream, brook, river or otherwise
and consisting of a bed and banks.
(e)
Pond or lake area. Any nonflowing body of water
with a mean depth of four feet and a surface area greater than one
acre, including any such areas created for retention or detention
purposes.
(2)
Slope areas.
(a)
Critical slopes area. Any slope having a grade
of 30% or greater.
(b)
Shallow depth to bedrock area. All areas composed
of soils having four feet depth to bedrock or less, as indicated by
on-site logs.
(c)
Slopes shall be determined from Township contour
maps available through the Clerk's office.
B.
Regulations for flood hazard and critical wetlands
area. Notwithstanding any other provision of the Zoning Ordinance,
no building or on-lot sewage disposal facility shall be erected or
constructed, either above or below ground level, within any flood
hazard area, critical wetlands area or critical slope area in the
Township of Independence, except for buildings actively used in connection
with the production of agricultural products. Nothing herein contained,
however, shall be construed to prohibit the use of any flood hazard
area or wetlands area for farming, grazing, plant nurseries, horticulture,
truck farming, forestry, wild crop harvesting, parking, open recreation
uses, hunting, fishing or the like, provided that such use is permitted
in the zone in which the premises are located.
C.
Application of constraints calculations. All areas
which display any of the preceding physical development characteristics
will be assigned density adjustment factors in accordance with the
following tables. Land without constraints shall have a density adjustment
factor of 1.0.
(1)
Flood hazard wetlands:
|
Critical Area
|
Density Adjustment Factor
| |
|---|---|---|
|
Flood hazard area
|
0.0
| |
|
Critical wetlands area
|
0.0
| |
|
Transitional wetlands area
|
0.5
| |
|
Stream, pond or lake
|
0.0
|
(2)
Slope areas:
|
Area Type
|
Density Adjustment Factor
| |
|---|---|---|
|
30% or greater
|
0.30
| |
|
25% to 29.99%
|
0.50
| |
|
15% to 24.99%
|
0.80
| |
|
Shallow depth to bedrock area (Unless serviced
by sanitary sewers, then no adjustment factor for shallow depth to
bedrock)
|
0.50
|
(3)
Hypothetical application of critical area regulations.
(a)
Distribution of constraints:
|
Type of Land
|
Area
(acres)
| |
|---|---|---|
|
30% or greater slope area
|
23
| |
|
25% to 29.99% slope area
|
16
| |
|
15% to 24.99% slope area
|
10
| |
|
Shallow depth to bedrock
|
7
| |
|
Stream and flood hazard area
|
5
| |
|
Critical wetland area
|
7
| |
|
Marginal wetland area
|
2
| |
|
Land without constraints
|
30
| |
|
Tract size
|
100
|
(b)
Application of density adjustment factors:
|
Type of Land
|
Area
(acres)
|
Density Adjustment Factor
|
Developable Land
(acres)
| |||
|---|---|---|---|---|---|---|
|
30% or greater slope area
|
23
|
x
|
0.30
|
=
|
6.90
| |
|
25% to 29.99% slope area
|
16
|
x
|
0.50
|
=
|
8.00
| |
|
15% to 24.99% slope area
|
10
|
x
|
0.80
|
=
|
8.00
| |
|
Shallow depth to bedrock
|
7
|
x
|
0.50
|
=
|
3.50
| |
|
Stream and flood hazard area
|
5
|
x
|
0.00
|
=
|
0.00
| |
|
7
|
x
|
0.00
|
=
|
0.00
| ||
|
Critical wetland area
|
2
|
x
|
0.50
|
=
|
1.00
| |
|
Land without constraints
|
30
|
x
|
1.00
|
=
|
30.00
| |
|
Developable land
|
57.40
|
(c)
"Developable land" shall mean the effective
area of the lot in question. Each lot in a development shall contain
a developable land area equal to or greater than the minimum lot area
for the respective zone, after application of the constraint calculations.
The terms of this section shall apply separately to each proposed
lot from either a major or minor subdivision.
[Amended 2-13-2007 by Ord. No. 2007-01]
D.
Regulations for pond and lake area. Notwithstanding
any other provisions of this Zoning Ordinance, no building or structure
or on-lot sewage facility shall be erected or constructed, whether
above or below ground level, within 50 feet of the edge of any pond,
lake or stream. Nothing herein contained, however, shall be construed
to prohibit the construction and maintenance of dams or other structures
for the impoundment or retention of water in any such stream, pond
or lake or of dug ponds or reservoirs, provided that all applicable
requirements and approvals of any public authority having jurisdiction
over such matters are met and obtained. The following shall be permitted
uses or activities in lake, pond or stream areas, provided that they
do not disturb the natural indigenous character of the areas:
E.
Critical area regulations to take precedence. Within
the boundaries of the critical areas, the regulations concerning these
critical areas shall take precedence over any conflicting laws, ordinances
and codes.
F.
Maximum lot size. The maximum lot size as required
by the application of this chapter shall be no larger than five acres.
A.
Buffer strips. Wherever a buffer strip has been specified
by this chapter or as may be required by the Land Use Board or governing
body, such buffer strip shall be of the width so specified or required
and shall:
[Amended 2-13-2007 by Ord. No. 2007-07]
(1)
Be landscaped by the planting of grass and/or ground
cover, shrubs and trees. Two shrubs and one tree shall be provided
for each 500 square feet of area, or fraction thereof, of the buffer
strip. If the buffer strip is naturally wooded in its entire width,
it shall remain in its natural condition in place of the required
shrubs and trees.
(2)
Not contain parking area or driveways, unless specifically
permitted elsewhere in this chapter, or other accessory structures
or uses except for decorative purposes or passive recreational purposes.
B.
Screening. Wherever screening has been specified by
this chapter or as may be required by the Land Use Board, such screening,
unless otherwise required, shall extend to the lesser of the required
minimum front yard setbacks of the lots to be screened and shall,
as a minimum, consist of dense hedges or deciduous and at least 50%
evergreen shrubbery, planted at 30 inches on center in a single row
or at five feet on center in each of two staggered rows, provided
that if all evergreens are used, they may be planted at five feet
on center in a single row or at 10 feet on center in each of two staggered
rows. Plants shall be a minimum of six feet tall at the time of planting
or, if the Land Use Board so approves, a solid fence of naturally
durable material, such as cedar, cypress or redwood, not less than
five feet tall and open to the ground not more than four inches above
ground level or a landscaped earth berm not less than five feet in
height may be used.
[Amended 2-13-2007 by Ord. No. 2007-07]
C.
Landscaping. All areas of any lot not occupied by
buildings, pavement or other surfacing or otherwise improved or used
in accordance with an approved site plan or subdivision shall be landscaped
by the planting of grass and/or ground cover, shrubs and trees. The
placement of the plant material shall be appropriate to enhancement
of the property. Continuous maintenance shall be practiced on all
such areas. In all parking for other than single-family detached housing,
no less than 5% of any parking area shall be landscaped with plantings.
No fewer than one tree for each 10 parking spaces shall be installed.
[Amended 12-28-1989 by Ord. No. 89-28]
D.
Waiver. Notwithstanding any provision of this chapter,
the reviewing board may waive or permit deviations from the strict
requirements of this chapter or any other ordinance requiring buffer
strips or screening if, in the opinion of the reviewing board, it
determines that all or part of the buffer strip or screening requirements
are not necessary given the activities proposed by the applicant or
the nature of the surrounding uses on adjoining properties.
A.
Only one single-family dwelling unit per lot. No lot
shall have erected upon it more than one detached single-family dwelling
unit. This subsection shall not apply to permitted multifamily use
or planned development, in which case the provisions of this chapter
governing multifamily use or planned development shall control if
the applicant is seeking approval pursuant to the provisions of those
ordinances.
B.
Provision of yard space. No yard or other open space
provided about any structure for the purpose of complying with the
provisions of this chapter shall be considered to provide a yard or
open space for any other structure. This subsection shall not apply
to permitted multifamily use or planned development, in which case
the provisions of this chapter governing multifamily use or planned
development shall control if the applicant is seeking approval pursuant
to the provisions of those ordinances.
C.
Required areas to be on lot where required. All yards,
open space, off-street parking areas and required buffer strips must
be located on the lot upon which the use to be served thereby is located.
D.
Street frontage required. Primary structures shall
be built only upon lots having frontage upon a street improved to
meet the Township's requirements.
E.
Yards affected by Master Plan or Official Map. Where
a lot has frontage on a street which the Master Plan or Official Map
of the Township indicates is proposed for right-of-way widening, the
required yard area shall be measured from the proposed street line.
F.
In any residential zone, the minimum front yard depth
as required by this article may be modified according to the following:
(1)
Twenty-five percent of the lots within 200 feet are
developed with structures.
(2)
The average front yard of the two nearest buildings
within 200 feet shall be the minimum front yard for the proposed structure.
(3)
In no case shall such front yard have a depth less
than 15 feet unless conditions on surrounding lots make this requirement
unreasonable.
G.
H.
Attached garages. Nothing contained herein shall prevent
the construction of a private garage as a structural part of a main
dwelling, provided that when so constructed, the garage walls shall
be regarded as the walls of the main dwelling in applying the front,
rear and side yard regulations of this chapter.
I.
Open and unobstructed yards.
(2)
Every part of a required yard shall be open to the
sky unobstructed except for accessory buildings, flora or foliage
and except for the ordinary projection of sills and belt courses and
except for ornamental features projecting not to exceed four inches
and cornices and eaves not projecting more than two feet.
J.
Parking or storage in front yards. Unless otherwise
permitted or required by the off-street parking regulations of this
chapter, no trailers, campers or boats shall be parked or stored in
any required front yard.
[Amended 2-13-2007 by Ord. No. 2007-01]
K.
Display of goods for sale in yards. The display of
goods for sale or the location of coin-operated vending machines of
any type in a manner which would infringe upon the required yard areas
specified in this chapter is prohibited.
L.
Corner clearance. On a corner lot, within the triangular
area determined as provided in this section, no wall or fence or other
structure shall be erected which would obstruct the view to a height
in excess of one foot, and no vehicle, object or any other obstruction
of a height in excess of one foot shall be parked or placed, and no
hedge, shrub or other growth shall be maintained at a height in excess
of one foot, except that trees whose branches are trimmed away to
a height of at least 10 feet above the curb level shall be permitted.
Such triangular area shall be determined by the intersecting street
curblines and a diagonal connecting two points, on each street center
line; the point on the major (through) street curbline shall be in
accordance with the table below from the near side minor (stop) street
curbline, and the point on the minor street curbline shall be 30 feet
from the near side major street curbline.
|
Arterial Street Distance Design
| ||
|---|---|---|
|
Speed
(mph)
|
Distance
(feet)
| |
|
30 or less
|
200
| |
|
40
|
275
| |
|
50
|
350
| |
M.
Keeping and raising of horses.
[Added 7-13-1993 by Ord. No. 93-4]
(1)
On parcels of less than six acres, horses, provided
the property is not deed restricted, will be permitted with the following
conditions:
(2)
For the purpose of this section only, ponies, donkeys
or other equine family members shall be considered horses.
(3)
Nothing herein shall be deemed or construed to prohibit
property owners to continue to keep and raise the number of horses
currently quartered or raised on parcels owned by them on the effective
date of this section and to that extent, the following additional
provisions shall apply:
(a)
A survey shall be taken under the supervision
of the Township Committee to determine each property owners' name(s),
address and the number of horses currently kept or quartered on each
parcel within Independence Township.
(b)
The number of horses declared in the survey
shall be permitted as long as the current owner(s) or that owners'
heirs maintain ownership of the parcel.
(c)
Whenever any parcel is sold, the exemption as
herein referred to shall extend to the new owner(s), provided that
at least one horse is placed on the property within two years of the
date of sale.
(d)
The parcel as herein referred to shall be defined
as a separately existing tax lot as shown on the official records
of the Township.
N.
Fences and walls.
[Added 7-13-1993 by Ord. No. 93-5]
(1)
Fences and walls shall be subject to the following
limitations:
(a)
No wall or fence shall be erected within five
feet of a street right-of-way.
(b)
Perimeter fences erected in the front yard shall not exceed six feet in height and shall be at least 50% open. Walls, other than retaining walls, erected in the front yard shall not exceed four feet in height. The provisions of this Subsection N(1)(b) shall not apply in the case of a flag lot.
(c)
Walls or fences erected in the side or rear
yards shall not exceed six feet in height.
(d)
The good side of a fence facade shall face outward.
(2)
The foregoing regulations shall not apply to fences
or walls required by the Land Use Board in connection with site plan
approval.
[Amended 2-13-2007 by Ord. No. 2007-07]
(3)
The foregoing regulations shall not apply to farm-type
fences used in connection with agricultural uses, provided that the
same do not obstruct vision for purposes of traffic safety.
O.
Accessory structures and uses. No accessory structure
or use shall be constructed, except in conformance with the following:
[Added 7-13-1993 by Ord. No. 93-6]
(1)
All accessory structures and uses shall be located
on the same lot as the principal use they are intended to serve unless
otherwise permitted by this chapter.
(2)
No construction permit shall be issued for any accessory
structure or use prior to the issuance of a construction permit for
the principal building to be located on the same lot.
(3)
Accessory structures shall be located to the rear
of the front of the principal structure.
(4)
An accessory structure (building) on a single-family residential
parcel shall have a side yard and rear yard setbacks in accordance
with the following schedule. An accessory structure in a nonresidential
parcel shall meet the side and rear yard requirements of the principal
building.
[Added 5-9-2017 by Ord.
No. 2017-04; amended 6-13-2017 by Ord. No. 2017-08]
|
Less than 1 acre to 3 acres
|
3 to 4 acres
|
Greater than 4 acres
| |
|---|---|---|---|
|
Side yard
|
10 feet
|
30 feet
|
40 feet
|
|
Rear yard
|
10 feet
|
30 feet
| |
|
Note: Pools (above- and in-ground) shall be accessory structures
as are any associated decks or patios.
| |||
(5)
Accessory structures shall be at least 10 feet from a principal building
and at least six feet from another accessory building. Residential
pools and associated decks and patios are exempt from this provision.
[Amended 6-13-2017 by Ord. No. 2017-08]
(6)
Accessory structures, except those used in connection with agricultural uses as described in § 255-3, shall not exceed the square footage or quantity in accordance with the following schedule:
[Amended 6-13-2017 by Ord. No. 2017-08]
|
Existing lots less than 1 acre
|
Lots 1 to 3 acres
|
Lots 3 to 4 acres
|
Lots 5 acres or greater
| |
|---|---|---|---|---|
|
Square footage
|
500
|
750
|
950
|
Not greater than principal building
|
|
Number of buildings
|
2
|
2
|
2
|
3
|
|
Note: Where the accessory buildings are deemed to be ancillary of a farm, Subsection O(6) shall not apply.
| ||||
(7)
Storage trailers shall not be permitted as an accessory
structure or use in any zone.
(8)
No accessory structure shall be used as a dwelling.
[Amended 7-8-1997 by Ord. No. 97-8]
A.
Height of principal buildings.
[Amended 2-13-2007 by Ord. No. 2017-07; 6-13-2017 by Ord. No. 2017-08]
(1)
In a residential zone (except on a farm), no principal building shall
exceed 35 feet in height and 2.5 stories with one side being the maximum
height of 28 feet from grade to the eave of the maximum height roof.
(2)
In all zones there shall be established a clear zone at the perimeter
of any principal or accessory structure such that emergency service
(fire and rescue) may obtain access to the roof by ground-based ladder.
Such access shall be available from at least one such clear zone access
point for one exterior wall of the said building. In the case of a
nonresidential building, the Land Use Board may waive this requirement,
provided that the building is serviced by an approved fire suppression
sprinkler system.
B.
Height of accessory structures. Except on a farm, no accessory building
shall exceed 18 feet in height and 1.5 stories. On a farm, the height
limitation of accessory structures shall be the same as the principal
building or 35 feet.
[Amended 6-13-2017 by Ord. No. 2017-08]
C.
Waiver.
(1)
Nothing herein contained shall restrict the height
of a barn or silo on a farm, a church spire or similar structure.
(2)
No structure erected pursuant to this section to a
height in excess of the height limit for the zone in which it is situated
shall be used for residential or tenancy purposes.
D.
Clear zone. A "clear zone" shall mean that area adjacent
to and surrounding a building such that emergency service personnel
(fire-fighting and rescue) can approach a building for the purpose
of gaining access thereto. The clear zone shall extend from the foundation
of the building to a distance of 15 feet from the base of the foundation
of the building. Said area shall be generally flat and graded so that
a ground-based ladder can be safely set, and free access shall be
provided to such clear zone area. A location within the said "clear
zone" shall be available for the placement of a ground-based ladder
for gaining access to the roof or upper levels of the building. This
location, which shall be at least eight feet in width, shall be the
"clear zone access point."
A.
Cleanup requirements. No person shall permit rubble,
abandoned scrap metal, machinery, building materials, dismantled or
unlicensed or junk motor vehicles to remain on any premises for more
than 30 days.
B.
Dumping. Dumping of refuse, waste material and other
substances is prohibited in all zones in the Township except in areas
as may be designated as a Township sanitary landfill by the governing
body or except for the purpose of filling to established grades, for
which a permit must be obtained from the appropriate officials.
C.
Swimming pools. In-ground and other permanent swimming
pools are considered to be structures and, as such, shall require
a building permit.
D.
Only one permitted use is permitted on a tract of
land or lot in either an R-1/2, R-1 or R-2 Residential Zone District.
[Added 7-14-1986 by Ord. No. 86-11]
E.
Kennels, pet shops, shelters or pounds are hereby
designated to be specifically prohibited uses in all zones.
[Added 12-10-1996 by Ord. No. 96-9]
[Amended 10-24-1985 by Ord. No. 85-10]
A.
Off-street parking required. Off-street parking areas,
open-air or indoor, shall be provided with all new construction or
the creation of new uses as specified in this chapter on the same
lot as the use in which they are intended to serve and shall be furnished
with necessary passageways and driveways. All such space shall be
deemed to be required space on the lot on which the use it serves
is situated and shall not be encroached upon or reduced in any manner.
All parking spaces, passageways and driveways shall be in accordance
with areas clearly marked for car spaces (except when provided in
connection with one-family dwelling units) and shall be adequately
drained and subject to the approval of the Township Engineer. The
provision of off-street parking in accordance with the standards of
this section shall accompany any rebuilding, reconstruction, alteration
or remodeling of any building or premises.
B.
Separate from streets. Off-street parking shall be
separate and distinct from streets and other traveled rights-of-way.
C.
Collective provision. The collective provision of
off-street parking areas by two or more buildings or uses located
on adjacent lots is permitted, provided that the total of such facilities
shall not be less than the sum required of the various buildings or
uses computed separately.
D.
Parking areas may be located in any side or rear yard
area, except that parking areas, including driveways, may not extend
into any required buffer strip or be located less than 25 feet from
any lot line. Parking areas may not be located in any minimum front
yard area except in business centers in the B Zone, provided that
where a frontage road is proposed, no impervious surface shall be
closer than 25 feet to the property line. Where such frontage road
is proposed, no impervious surface shall be no closer than 25 feet
to the frontage road and not permitted between the frontage road and
the public street serving the site.
[Amended 12-28-1989 by Ord. No. 89-28]
E.
Size and number of parking spaces, aisles and roadways.
All uses permitted by this chapter shall provide parking spaces in
numbers specified herein. Uses not specifically listed shall utilize
standards for similar uses wherever possible. All other uses shall
provide parking on the basis of one space for every 200 square feet
or fraction thereof.
|
Use
|
Standard Gross Building Area per Space
(square feet)
|
Special Requirements
| |
|---|---|---|---|
|
Auto body
|
300
| ||
|
Auto car wash
|
300
|
20 stacking spaces
| |
|
Auto repair
|
200
| ||
|
Auto sales/rental
|
300
|
Display space extra
| |
|
Auto supply
|
300
| ||
|
Banks/credit unions
|
300
| ||
|
Bowling alley
|
—
|
6 per alley
| |
|
Building material sales
|
500
| ||
|
Churches
|
—
|
1 per seat
| |
|
Counter service food establishments
|
50
| ||
|
Diner/Restaurant
|
—
|
1 for each 3 seats
| |
|
Fraternal organizations/lodges, cocktail lounges
|
150
| ||
|
Funeral house
|
150
| ||
|
Garden apartments/townhouses
|
—
|
1.5 per dwelling unit, plus 0.5 per bedroom
| |
|
Gasoline service station
|
250
| ||
|
Grocery/food retail
|
150
| ||
|
Health spa
|
250
| ||
|
Hotel/motel
|
—
|
1 per unit
| |
|
Laboratory and research
|
250
| ||
|
Laundry/dry cleaning
|
200
| ||
|
Manufacturing
|
500
| ||
|
Medical offices, including dentist, optometrist
|
150
| ||
|
Nursery school
|
—
|
4 per class
| |
|
Offices
|
200
| ||
|
Retail sales
|
200
| ||
|
Schools
|
300
| ||
|
Single-family home
|
2
| ||
|
Tavern
|
—
|
1 for each 3 seats
| |
|
Theater
|
—
|
1 for each 3 seats
| |
|
Truck terminal
|
—
|
1 per employee, plus truck spaces
| |
|
Warehousing
|
1,000
|
F.
Site plan parking. Where site plan approval is required
for a development, the following shall apply:
(1)
A site plan shall show off-street parking facilities
required under the provisions of this article in connection with the
uses for which application is being made. Surfacing, landscaping,
the location and design of entrances, exits, marking and lighting
of parking areas shall be in accordance with the standards established
in this chapter and shall be subject to the approval of the reviewing
Board to ensure adequate relation to traffic safety and protection
of adjacent areas.
(2)
Not more than two curb openings on any one lot frontage
of 1,500 feet or less shall be permitted, except that for a lot frontage
over 1,500 feet one additional opening shall be allowed for each additional
750 feet or less.
G.
Waiver of parking improvement. When it is documented
to the satisfaction of the reviewing Board that any of the parking
requirements herein would result in unneeded parking, the requirement
for paved parking area may be reduced. Sufficient area shall be reserved
and graded and drained, however, to meet these requirements in full,
and the reviewing Board may require partial or complete enlargement
up to these standards as conditions indicate such enlargement is warranted,
and upon failure to comply with the request of the reviewing Board
within 120 days, the certificate of occupancy shall be revoked.
A.
Off-street loading berths for the pickup and discharge
of merchandise, goods, supplies and the like shall be provided in
conjunction with any structure or usable space having an aggregate
floor area (or other usable space) in excess of 6,000 square feet
at the rate of one berth for each 30,000 square feet, or part thereof,
of gross floor area of nonresidential uses.
B.
For the purposes of this section, an off-street loading
berth shall be held to be at least 55 feet long, 12 feet wide and
14 feet high, not including driveways or entrances and exits maneuvering
areas or loading platforms.
C.
Off-street loading berths may be enclosed within the
building which they serve.
D.
Off-street loading berths shall be subject to the
requirements of access, entrances and exits and screening set forth
for off-street parking.
B.
In addition to such permit(s) as may be required by
Independence Township, a permit shall be required for any sign having
an area greater than four square feet.
C.
It shall be unlawful for any person, firm or corporation
to erect, alter, locate or relocate, reconstruct or change in any
manner any sign or advertising structure greater than four square
feet in area without first having in force and effect a sign permit
from the Zoning Officer for such sign. A change of the sign content
only shall not be deemed an alteration unless it violates a specific
provision of this chapter.
D.
Any person, firm or corporation desiring to procure
a permit to maintain a sign in the Township of Independence shall
file with the Zoning Officer a written application which shall contain
an accurate description of the proposed location where said sign is
to be erected and a diagram of each sign applied for. Such application
shall be signed by the applicant, who shall also indicate his office
address and supply any and all information that the Zoning Officer
and Land Use Board may reasonably require in order to determine properly
whether such application complies with the provisions of this section
and other applicable provision of this chapter and other ordinances.
[Amended 2-13-2007 by Ord. No. 2007-07]
A.
The limitation of signs set forth for the various
zones by this chapter shall not apply to any sign or directional devices
erected by the federal, state, county or local government or agency
thereof.
B.
The limitations of sign area as set forth by this
chapter for the nonresidential zones shall not apply to parking lot
markers, directional signs, entrance and exit signs and other such
signs which are erected on the premises, provided that such signs
do not exceed four square feet in area and do not contain any advertising
of the use on the premises.
C.
No flashing, oscillating or animated sign of any type
may be erected within the Township.
D.
No signs shall be so placed, colored or lighted as
to impede or interfere in any way with the operation of a traffic
light, traffic direction signal or general traffic vision.
E.
No freestanding sign shall be erected in the Township which exceeds a height of five feet, except that in a service station such sign shall comply with § 255-97B(9).
F.
Under no circumstances shall any sign be located on
the roof of any building, and no exceptions within this chapter shall
be interpreted as applying thereto or creating such permission.
G.
Billboards shall not be permitted within the Township.
The following signs shall be permitted in all
zones:
A.
One nonflashing, nonilluminated, temporary sign offering
the lease, rental or sale of the same lot or building upon which it
is placed and not exceeding nine square feet in area, provided that
such sign is erected or displayed not less than 10 feet inside of
property line or within the building. This sign must be removed from
the premises within seven days after the property is sold or rented.
B.
For churches or similar religious establishments,
an ecclesiastical changeable-letter sign which may be illuminated,
not over 10 square feet in area, referring to services and events
to be held on the premises, provided that such sign is located not
less than 10 feet inside of the property lines.
C.
One illuminated nonflashing sign identifying a school,
park or public building, located not less than 10 feet inside the
property line and not exceeding 10 square feet in area.
D.
One personal nameplate sign for each permitted dwelling
unit, situated within the property lines and not exceeding one square
foot in area, which may be illuminated, provided that the direct source
of light is not visible from the exterior of the sign.
E.
There shall be permitted in all zones one portable
sign advertising the business located thereon or special or seasonal
sales conducted by such business for each separate business entity
on any lot. A "portable sign" shall be defined as one that is not
permanently affixed to or supported in the ground and is capable of
being immediately picked up and placed down, subject to the following
restrictions:
[Added 11-7-1994 by Ord. No. 94-11]
(1)
No sign shall exceed a maximum total of six square
feet per side, with each sign being permitted a maximum of two sides,
upon which advertising or messages may appear.
(2)
All such signs shall be located inside the property
line of the lot right-of-way where the same is placed and shall in
no event be placed within a highway, street or road right-of-way.
(3)
No such sign shall be placed in any location such
that sight visibility is obstructed or impaired.
(4)
Such signs shall be constructed of wood, metal, plastic
material or composite materials, but shall in no event be illuminated
or of the flashing type.
(5)
No permit shall be required for any portable business
sign.
A.
Signs in the residential zone districts. In all residential
and agricultural districts, only the following signs shall be permitted:
(1)
A sign deemed necessary to the public welfare by the
governing body.
(2)
None of the signs permitted in the residential district shall be erected nearer any street or road than half the existing setback of principal building erected on said plot, provided that a nameplate sign not more than 72 square inches in area as regulated in § 255-96D may be placed anywhere within the front yard, and those signs as allowed in § 255-96A are permitted within the road right-of-way.
(3)
Notwithstanding any other provisions of this article,
one sign no larger than eight square feet is permitted as accessory
to each multiple-family or apartment development within a residential
zone.
(4)
Permitted farming uses may display one freestanding
identification sign not exceeding eight square feet in area designating
the name of the farming use and the address and name of the owner.
The sign may be placed in the front yard but not closer than 15 feet
to any street right-of-way line as designated on the adopted street
plan.
B.
Signs in the nonresidential and industrial and office
research zones. In the nonresidential zones, B, I, IH and OR, no sign
other than customary "no-trespassing" signs shall be permitted which
is not attached to the face of the building and which is not accessory
to the business conducted on the property. Such signs may be erected
on any entrance wall or the wall facing on a street, provided that
all of the following requirements are met. This restriction shall
apply in the event of a change of use or where for any reason a sign
is relocated, in which cases the sign must comply with the provisions
of this chapter. Such relocation must comply with state statutes concerning
highway signs and all requirements of any previous Land Use Board
site plan approval.
[Amended 2-13-2007 by Ord. No. 2007-07]
(1)
No sign facade shall extend more than 15 inches from
the face of the building upon which it is attached.
(2)
No sign shall be lighted by means of flashing or intermittent
illumination.
(3)
Roof signs are prohibited.
(4)
The total sign area for all signs permitted on the
face of the building shall not exceed one square foot of sign area
for each foot of street frontage, provided that the total sign area
for any lot shall not exceed 100 square feet.
(5)
Silhouetted or three-dimensional signs, i.e., signs
lacking a background and having letters, figures or devices silhouetted
against the sky or other open space not a part of the sign, and/or
signs in which objects or representational devices are present in
the round or other than in a plane are prohibited.
(6)
Signs in which the colors red and green are used either
in direct illumination or in high reflection by the use of special
preparation such as fluorescent paint or glass are prohibited.
(7)
Any sign visible from the public right-of-way using
an arrow or the word "stop" is prohibited.
(8)
All bare bulbs and tubes and immediately adjacent
reflecting surfaces must be shielded from view from the public right-of-way
and from adjacent residential lots. Bare bulbs and tubes are prohibited.
Illumination of any kind visible from the public right-of-way, such
as signs, buildings and display windows, must be such that the light
intensity or surface brightness does not exceed 50 candles per square
foot as read on a standard Weston photographic light meter held three
feet from the source. Nothing in this section shall apply to any bulb,
lamp or light source used for municipal streetlighting at public expense.
(9)
Gasoline stations only may display, in addition to
the foregoing signs, the following special signs which are deemed
customary and necessary to their respective businesses:
(a)
One freestanding sign advertising the name of
the station and/or the principal products sold on the premises, including
any special company or brand name, insignia or emblem, provided that
each such sign shall not exceed 30 square feet in area and shall be
hung within the property line and not less than 10 nor more than 30
feet above the ground.
(b)
Directions, signs or lettering displays over
individual entrance doors or bays consisting only of the words "washing,"
"lubrication," "repairs," "mechanic on duty" or other words closely
similar in import, provided that there shall be not more than one
such sign over each entrance or bay, the letters thereof shall not
exceed 12 inches in height, and the total of each sign shall not exceed
three square feet.
(c)
Customary lettering on or other insignia which
are a structural part of gasoline sold, lead warning sign, a price
indicator and any other sign required by law, and not exceeding a
total of three square feet on each pump; and if illuminated, such
signs shall be nonflashing and shall not in any manner constitute
a traffic hazard with respect to adjacent streets or intersection.
(d)
A nonilluminated credit card sign not exceeding
two square feet in area may be placed on or near the gasoline pump.
(e)
One temporary sign located inside the property
line and specifically advertising special seasonal servicing of automobiles,
provided that each sign does not exceed seven square feet in area.
(10)
Notwithstanding any other provisions of this
chapter, in all nonresidential districts, each principal use may display
one illuminated or nonilluminated freestanding sign of permanent construction
and deemed accessory to the principal use, provided that:
(a)
Said building sets back at least 50 feet from
the front street right-of-way line as designated on the adopted Street
Plan and is located on a lot 150 feet or more in width.
(b)
Said sign complies with the side yard requirements
of the principal building and is set back at least 15 feet from any
street right-of-way line as designated on the adopted Street Plan
and is perpendicular to said street line.
(c)
The area of such signs may not be larger than
one square foot for each linear foot of setback of the principal building
but no more than 75 square feet on one side.
(11)
No permit shall be issued to erect an exterior
sign on property containing a nonconforming sign or signs, until such
time as the nonconforming sign or signs have been removed. When the
owner or lessee of a nonconforming sign vacates the premises upon
which the sign is located, the sign must be removed, or the lettering
removed in such a way that the frame and background do not remain
in an unsightly condition within 30 days of such vacation. If the
owner or lessee of said sign does not remove the sign, the owner of
the building or property shall be held responsible for the removal
of the sign. If the owner or lessee fails to remove the sign, the
Township of Independence shall remove the sign and charge the owner
or lessee for doing so.[1]
The following regulations shall apply in the
AR Agricultural-Residential Zone:
A.
Permitted principal uses shall be as follows:
(1)
One-family dwellings.
(2)
Customary agricultural and horticultural uses, including
farms, greenhouses and nurseries, and including such shelter as may
be required for seasonal farm labor. Customary agricultural and horticultural
uses shall include the raising, hauling or sale of feed or bedding
customarily used in a farming operation and the retail sale of farm
products.[1]
[1]
Editor's Note: Former Subsection A(3), regarding
auxiliary one-family residences on a farm, was repealed 8-14-1989
by Ord. No. 89-12.
B.
Permitted accessory uses shall be as follows:
(1)
Home occupations.
(2)
Home professional offices.
(3)
Roadside stands selling farm produce.
(4)
Private garages.
(5)
Customary residential storage structures.
(6)
Other customary residential structures, such as private
swimming pools, fireplaces, trellises, lampposts and other similar
structures.
(7)
On farms only, customary farm buildings for the housing
of livestock and storage of farm products or equipment.
(8)
Housing provided to permanent and/or seasonal farm
employees. There shall be permitted one additional single-family dwelling
of a temporary nature meeting the following requirements:
[Amended 8-14-1989 by Ord. No. 89-12]
(a)
The building may be either a single-story dwelling, trailer, mobile home or modular home. Trailers, as permitted under this definition, shall not be construed to conflict with regulations governing the general prohibition of trailers within the Township except in a duly licensed trailer park as provided in § 361-2.
[Amended 7-10-1990 by Ord. No. 90-8]
(b)
The building shall be for the sole use of a
full-time employee and that employee's directly related family occupying
that dwelling in connection with farm employment on the tract which
comprises that farm.
(c)
The farm tract on which said single-story dwelling
is located shall comprise not less than 50 acres of land.
(d)
The single-story dwelling shall meet all state,
county and municipal health codes, including but not limited to a
separate sewage disposal system and water service connections to a
common or individual water supply.
(e)
The single-story dwelling shall be removed if
the farm is no longer actively used as a working farm or, in the event
that the employee is no longer actively employed on a full-time basis
by the owners or operators of the said farm.
(f)
A building permit and certificate of occupancy
are required for these single-family dwellings.
(g)
All single-story dwellings shall be located
at a distance of at least 200 feet from any public street and must,
in any event, be completely nonvisible from said street and must further
be located at least 150 feet from any adjoining property line.
(h)
No single-story dwelling shall be located in
any front yard area and shall further, to all extents possible, use
the same driveway as the principal farm or residence on the property.
(i)
The number of single-story dwellings permitted
on any farm under these provisions shall not exceed a total of three
single-story dwellings per farm for farms of less than 100 acres or
a total of five single-story dwellings for farms of greater than 100
acres, whichever results in the smaller number.
(j)
Any single-story dwellings provided under this
section shall be removed from the property within six months of the
date that eligible occupancy ceases or the property no longer qualifies
as an operating farm.
(9)
Family day-care home.
[Added 10-8-1991 by Ord. No. 91-6]
[Amended 7-14-1986 by Ord. No. 86-11]
The following regulations shall apply in the
R-2 Residential Zone:
A.
Permitted principal uses shall be as follows:
(1)
One-family dwellings.
(2)
Farms: customary agricultural and horticultural uses,
including farms, greenhouses and nurseries, and including such shelter
as may be required for farm labor as permitted in the Agricultural-Residential
Zone. Customary agricultural and horticultural uses shall include
the raising, hauling or sale of feed or bedding customarily used in
a farming operation and the retail sale of farm products.
(3)
Cluster development.
[Added 7-8-2003 by Ord. No. 03-11]
B.
Permitted accessory uses shall be as follows:
(1)
Home occupations.
(2)
Home professional offices.
(3)
Roadside stands selling farm produce.
(4)
Private garages.
(5)
For public and nonprofit private schools, customary
school structures, such as sports and recreation structures and temporary
and permanent grandstands.
(6)
Family day-care home.
[Added 10-8-1991 by Ord. No. 91-6]
[Added 7-29-1991]
There is hereby created the R-3 Residential
Zone.
A.
Principal permitted uses shall be as follows:
(1)
One-family dwellings.
(2)
Farms: customary agricultural and horticultural
uses, including farms, greenhouses and nurseries, and including such
shelter as may be required for farm labor as permitted in the Agricultural-Residential
Zone. Customary agricultural and horticultural uses shall include
the raising, hauling or sale of feed or bedding customarily used in
a farming operation and the retail sale of farm products.
(3)
Cluster development.
[Added 7-8-2003 by Ord. No. 03-11]
C.
D.
Property in county or state farmland preservation
program.
[Added 10-14-2003 by Ord. No. 03-18]
(1)
An individual building lot on any property which,
on or before June 16, 2003, was approved for enrollment in a county
or state farmland preservation program shall be subject to the minimum
lot size requirement existing as of that date for the zoning district
in which the property was located, which shall only become effective
upon conveyance of the development rights for the lands so improved
for enrollment.
(2)
The lot or lots shall be used or may have a
structure erected thereon for a use permitted for that zoning district
as of June 16, 2003, provided that the building coverage limitation
is not exceeded and parking requirements are adhered to. Other than
lot area requirements, all other bulk standards which apply to the
lots which were previously zoned R-2 shall continue to apply to the
lands now zoned R-3.
(3)
In all other respects, the applicable provisions
of this chapter are hereby ratified.
[Added 6-16-2003 by Ord. No. 03-9]
There is hereby created the R-4 Residential
Zone.
A.
Principal permitted uses shall be as follows:
(1)
One-family dwellings.
(2)
Farms: customary agricultural and horticultural
uses, including farms, greenhouses and nurseries, and including such
shelter as may be required for farm labor as permitted in the Agricultural-Residential
Zone. Customary agricultural and horticultural uses shall include
the raising, hauling or sale of feed or bedding customarily used in
a farming operation and the retail sale of farm products.
(3)
Cluster development.
[Added 7-8-2003 by Ord. No. 03-11]
[Amended 7-14-1986 by Ord. No. 86-11]
The following regulations shall apply in the
R-1 and R-1/2 Residential Zones:
A.
Permitted principal uses shall be as follows:
(1)
One-family dwellings.
(2)
Farms: customary agricultural and horticultural
uses, including farms, greenhouses and nurseries, and including such
shelter as may be required for farm labor. Customary agricultural
and horticultural uses shall include the raising, hauling or sale
of feed or bedding customarily used in a farming operation and the
retail sale of farm products.
C.
Conditional uses (see § 255-116) shall be as follows:
(1)
Public and semiprivate buildings, such as libraries,
museums, other private schools, nonprofit recreation clubs, fraternal
organizations, charitable uses and other nonprofit uses similar in
nature and scale to those permitted above.
(2)
Public and nonprofit private schools.
(3)
Churches, Sunday schools and other places of
worship.
(4)
Municipal buildings.
[Amended 7-14-1986 by Ord. No. 86-11]
The following regulations shall apply in the
RM Residential Multiple-Dwelling Zone:
C.
Conditional uses (see § 255-116) shall be as follows:
(1)
Public and semiprivate buildings, such as libraries,
museums, other private schools, nonprofit recreation clubs, fraternal
organizations, charitable uses and other nonprofit uses similar in
nature and scale to those permitted above.
(2)
Senior citizen housing according to § 255-116D(8).
(3)
Municipal buildings.
(4)
Churches, Sunday schools and other places of
worship.
(5)
Public and nonprofit private schools.
The following regulations shall apply in the
B Business Zone:
A.
Permitted principal uses shall be as follows:
(1)
Single-family dwellings.
(2)
Retail business goods establishments which are
clearly of a community service character, such as but not limited
to the following:
(a)
Stores selling groceries, meats, baked goods
and other such food items.
(b)
Pharmacies.
(c)
Stationery, tobacco, newspaper and flower shops.
(d)
Restaurants, luncheonettes and confectionary
stores; taverns.
(e)
Hardware, plant, dry goods, small appliance
and furniture stores.
(f)
Clothing, accessory and jewelry stores.
(3)
Personal service establishments which are clearly
of a community service character, such as but not limited to the following:
(4)
Municipal buildings, public schools, parks,
playgrounds and recreation areas deemed necessary and appropriate
by the Township.
(5)
Churches and other similar places of worship,
parish homes, convents and other such facilities of recognized religious
groups.
(6)
Farms.
(7)
Professional offices.
(8)
Specific conditional uses set forth in Subsection C of this section and conditional uses existing and operating at the time of enactment of this chapter.
(9)
Child-care center.
[Added 10-8-1991 by Ord. No. 91-6]
(10)
Senior housing.
[Added 2-11-2003 by Ord. No. 03-2]
(11)
Assisted-living housing.
[Added 2-11-2003 by Ord. No. 03-2]
B.
Permitted accessory uses shall be as follows:
(1)
Private garage space for the storage of business
vehicles used in conjunction with a permitted business use.
(2)
Facilities and services which are customarily
accessory to the operation of a permitted use.
(3)
Dwelling units accessory to a principal business
use provided such dwelling is located in the same building with the
principal use.
C.
Conditional uses (see § 255-116) shall be as follows:
D.
Special provisions and requirements applicable in
the B Zone.
(1)
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines, of all nonresidential uses developed in this zone except as herein provided. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 255-88.
[Amended 4-14-1992 by Ord. No. 92-3]
(2)
Adjoining parking lots. A buffer strip is not
required along a lot line between parking lots of business uses within
this zone, provided that passage between the parking lots is permitted,
and further provided that, where the combined width of the two parking
lots exceeds 120 feet, a landscaped island, minimum 10 feet in width,
shall be located within the parking lot and running the depth of the
parking lot except for vehicular aisles.
(3)
Screening. Whenever a nonresidential use in this zone abuts a residential zone or use or whenever a conditional use abuts a principal use, the buffer strip required shall also contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 255-88.
[Amended 4-14-1992 by Ord. No. 92-3]
E.
Senior housing area, height and bulk requirements:
[Added 2-11-2003 by Ord. No. 03-2]
(1)
Minimum tract size: five acres.
(2)
Senior housing maximum density 6.0 dwelling
units per acre. Subsidized senior housing maximum density 9.0 dwelling
units per acre.
(6)
Rear yard distance between house buildings:
90 feet.
(7)
Minimum distance between house buildings not
defined above: 40 feet.
(8)
Maximum building height: 24 feet or two stories.
(9)
Maximum attached townhouse units in one building:
six.
(10)
Minimum townhouse unit width: 24 feet.
(11)
Maximum subsidized apartment units in one building:
eight.
(12)
All senior housing shall be served by public
sewer and public water.
(15)
Maximum tract lot coverage: 50%.
F.
Assisted-living housing area height and bulk requirements.
[Added 2-11-2003 by Ord. No. 03-2]
(1)
Minimum tract size: two acres.
(2)
Maximum density: 20 beds per acre.
(4)
Maximum building height: 24 feet or two stories.
(5)
Parking: one space per two beds.
(6)
Maximum tract lot coverage: 50%.
(7)
All assisted-living housing shall be served
by public sewer and public water.
(8)
Minimum distance between buildings: 40 feet.
[Added 7-29-1991]
There is hereby designated a new zone district
within the Township of Independence to be known as the "Commercial/Professional
Zone," which involves the rezoning of areas previously zoned R-2 and
B Business (generally from U.S. Route 46 to the river). The purpose
of this zone will be to concentrate commercial and professional services
in an area which will have excellent highway accessibility and proximity
to Hackettstown services and will further serve to entice small commercial
and professional business developments.
A.
Principal permitted uses shall be as follows:
(1)
Retail sales and services similar in nature and scope as provided in § 255-104A(2).
(2)
Office buildings for professional, executive
and/or administrative purposes.
(3)
Farms.
[Added 2-11-2003 by Ord. No. 03-1]
(4)
Educational farm.
[Added 2-11-2003 by Ord. No. 03-1]
(5)
Educational farm and farm.
[Added 2-11-2003 by Ord. No. 03-1]
B.
Permitted accessory uses shall be as follows:
C.
Conditional uses (to be permitted in accordance with the guidelines and criteria as provided in § 255-116) shall be as follows:
E.
Special provisions and requirements in the Commercial/Professional
Zone:
(1)
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines, of all uses developed in this zone. Such buffer strip shall consist of trees or other screening, such as dense hedges, decorative fencing or a landscaped earth berm as prescribed in § 255-88, which buffer strips shall be a minimum of 75 feet in width.
The following regulations shall apply in the
I and IL Industrial Zones:
A.
Permitted principal uses shall be as follows:
(1)
Farms: same as § 255-98A(2).
(2)
Industrial park developments.
(3)
Warehouse and distribution centers.
(4)
Industry which involves only the processing,
assembly, packaging or storage of previously refined materials, such
as, but not limited to, the following industries:
(5)
Electronic products manufacturing.
(6)
Photofinishing operations.
(7)
Fabrication of light metal products, including
metal furniture, toys and similar products.
(8)
Office buildings for professional, executive
and/or administrative purposes.
(9)
Child-care center.
[Added 10-8-1991 by Ord. No. 91-6]
B.
Permitted accessory uses shall be as follows:
(1)
Private garage space for the storage of industrial
vehicles used in conjunction with a permitted industrial use.
(2)
Facilities and services which are customarily
accessory to the operation of a permitted use.
(3)
For farm use only, accessory uses as permitted
in the Agricultural-Residential Zone.
D.
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines created within an industrial park development developed in this zone. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 255-88.
E.
Screening. Whenever a permitted use (except farms) abuts any residential zone or use, the buffer strip required shall also contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 255-88.[1]
[Added 4-14-1992 by Ord. No. 92-3]
[1]
Editor's Note: Former § 116-96,
Regulations in IH Industrial Heavy Zone, as amended, was repealed
10-14-1997 by Ord. No. 97-12, and subsequently former § 116-96,
Regulations in C Commercial Zone, added 10-13-1998 by Ord. No. 98-6,
was repealed 6-16-2003 by Ord. No. 03-9.
[Added 7-29-1991]
There is hereby created a new zone district
to be known as the "O/IL Zone." The following regulations shall apply
in the O/IL Office/Light Industrial Zone.
A.
Principal permitted uses shall be as follows:
(1)
Office buildings for executive, professional
and/or administrative purposes.
(2)
Light warehousing consisting of the storage
of light manufactured goods.
(3)
Light manufacturing consisting of the processing, assembly, packaging or storage of previously refined materials as set forth in § 255-106A(4), (5), (6) and (7).
(4)
Farms as allowed in § 225-98A(2).
B.
Permitted accessory uses shall be as follows:
(1)
Private garage space for the storage of industrial
vehicles used in conjunction with a permitted business use.
(2)
Facilities and services which are customarily
accessory to the operation of a permitted use.
(3)
For farm use only, accessory uses as permitted
in the Agricultural-Residential Zone.
C.
Conditional uses (see § 255-116 for guiding principles and criteria) shall be as follows:
(1)
Public and semiprivate buildings such as libraries,
museums, other private schools, nonprofit recreation clubs, fraternal
organizations, charitable uses and other nonprofit uses similar in
nature and scale to those permitted above.
E.
Special provisions and requirements applicable in
the O/IL Zone are as follows:
(1)
Buffer strip. A landscape buffer strip shall be established and maintained along all lot lines, other than street lines, of all uses developed in this zone. Such buffer strip shall consist of trees or other screening, such as dense hedges, decorative fencing or a landscaped earth berm as prescribed in § 255-88, which buffer strips shall be a minimum of 75 feet in width.
(2)
No parking shall be permitted in any front yard
setback.
[Added 7-29-1991]
There is hereby created a new zone district
to be known as the "B/IL/WT Zone." The following regulations shall
apply in the B/IL/WT Business/Light Industrial — Warehousing
Terminal Zone.
A.
Principal permitted uses shall be as follows:
(1)
Retail business goods establishments and personal service establishments as provided in § 255-104A(2) and (3).
(2)
Light warehousing consisting of the storage
of light manufactured goods.
(3)
Light manufacturing consisting of the processing, assembly, packaging or storage of previously refined materials as set forth in § 255-106A(4), (5), (6) and (7).
(4)
Warehousing and trucking terminal uses, "warehousing"
being defined as a building used primarily for the storage of goods
and materials, and "trucking terminal" being defined as an area and
building where cargo is stored and where trucks load and unload cargo
on a regular basis. The storage of goods and materials or loading
or unloading of cargo which are defined as hazardous substances, hazardous
waste or extraordinarily hazardous substances by the New Jersey Department
of Environmental Protection pursuant to N.J.S.A. 13:1K-8 and N.J.S.A.
13:1K-21 shall be strictly prohibited.
(5)
Farms as allowed in § 255-98A(2).
B.
Permitted accessory uses shall be as follows:
(1)
Private garage space for the storage of business
or industrial vehicles used in conjunction with a permitted business,
light industrial or warehousing/terminal use.
(2)
Facilities and services which are customarily
accessory to the operation of a permitted use.
(3)
For farm use only accessory uses as permitted
in the Agricultural-Residential Zone.
F.
Special provisions and requirements applicable in
the B/IL/WT Zone are as follows:
(1)
Buffer strip. A landscape buffer strip shall be established and maintained along all lot lines, other than street lines, of all uses developed in this zone. Such buffer strip shall consist of trees or other screening, such as dense hedges, decorative fencing or a landscaped earth berm as prescribed in § 255-88, which buffer strips shall be a minimum of 75 feet in width.
The following regulations shall apply in the
OR Office Research Zone:
A.
Permitted principal uses shall be as follows:
(1)
Office buildings for professional, executive
and/or administrative purposes.
(2)
Scientific, engineering and/or research laboratories
devoted to research, design and/or experimentation and processing
and fabricating incidental thereto, provided that no materials or
finished products shall be manufactured, processed or fabricated on
the premises for the purpose of sale except such as may be incidental
to the research or design operations.
(3)
Medical service and care facilities, such as
offices and clinics of physicians and dentists, and nursing and convalescent
homes.
(4)
Farms: customary agricultural and horticultural
uses, including farms, greenhouses and nurseries, and including such
shelter as may be required for farm labor as permitted in Agricultural-Residential
Zone. Customary agricultural and horticultural uses shall include
the raising, hauling or sale of feed or bedding customarily used in
a farming operation and the retail sale of farm products.
(5)
Child-care center.
[Added 10-8-1991 by Ord. No. 91-6]
B.
Permitted accessory uses shall be as follows:
(1)
Private garage space for the storage of business
vehicles used in conjunction with a permitted business use.
(2)
Facilities and services which, in the opinion
of the Land Use Board, are essential to the operating of a permitted
use.
[Amended 2-13-2007 by Ord. No. 2007-07]
(3)
Signs in accordance with this article.
(4)
Off-street parking in accordance with this article.
[Amended 11-12-1985 by Ord. No. 85-12; 7-14-1986 by Ord. No.
86-11]
The following regulations shall apply in the
Planned Residential Development — Senior Citizen Zone:
A.
Permitted principal uses shall be as follows:
(1)
One-family dwellings according to R-1/2 Zone
regulations.
(2)
Farms: customary agricultural and horticultural
uses, including such shelter as may be required for seasonal farm
labor. Customary agricultural and horticultural uses shall include
the raising, hauling or sale of feed or bedding customarily used in
a farming operation and the retail sale of farm products.
B.
Permitted accessory uses shall be as follows:
(1)
Home occupation in a single-family detached
dwelling.
(2)
Home professional office in a single-family
detached dwelling.
(3)
Roadside stands.
(4)
Private garages.
(5)
For public and nonprofit private schools, customary
school structures, such as sports and recreation structures and temporary
and permanent grandstands.
C.
Conditional uses shall be as follows:
(1)
Public and semiprivate buildings, such as libraries,
museums, transportation stations, other private schools, nonprofit
recreation clubs, fraternal organizations, eleemosynary uses and other
nonprofit uses similar in nature and scale to those permitted above.
(2)
Municipal buildings.
(3)
Public and nonprofit private schools.
(4)
Churches, Sunday schools and other places of
worship.
D.
Townhome requirements.
[Added 8-10-1987 by Ord. No. 87-15]
(1)
Maximum coverage, building and paving: 50%.
(2)
Minimum lot width: 18 feet.
(3)
Minimum lot depth: 50 feet.
(4)
Minimum yard to street: 30 feet.
(5)
Minimum yard to parking, aisles or driveway:
25 feet.
(6)
Minimum distance between buildings or structures:
same as building height.
(7)
Minimum and maximum number of bedrooms: one.
(8)
Maximum height: 30 feet.
(9)
Maximum net density: 16 dwelling units per acre.
(10)
Maximum number of units per structure or building:
eight.
(11)
Minimum number of parking spaces: 1.75 per dwelling
unit.
(12)
Minimum dwelling unit size: 648 square feet.
(13)
A PRD project shall not contain more than 16%
townhouses.
(14)
Minimum distance between townhome structure
and other types of housing lots: 50 feet.
(15)
Minimum distance between townhome structure
and other types of housing structure: 75 feet.
E.
Garden condominium requirements.
[Added 7-13-1993 by Ord. No. 93-8]
(1)
Maximum coverage, building and paving: 50%.
(2)
Minimum yard to street: 30 feet.
(3)
Minimum yard to parking, aisles or driveway:
25 feet.
(4)
Minimum distance between buildings or structures:
same as building height.
(5)
Maximum number of bedrooms: 1.5 bedrooms per
1.0 apartment unit. No more than 90 garden apartment units shall be
two-bedroom units.
(6)
Maximum height: 30 feet.
(7)
Maximum net density: 16 dwelling units per acre.
(8)
Maximum number of units per structure or building:
16.
(11)
A PRD project shall not contain more than 33%
garden condominiums.
(12)
Minimum distance between a garden condominium
structure and other types of housing lots: 50 feet.
(13)
Minimum distance between a garden condominium
structure and other types of housing structures: 75 feet.
[Added 12-11-1990 by Ord. No. 90-14[1]]
A.
The purpose of a PRD-4 Planned Residential Development
(Four Units Per Acre) Zone District is to permit the creation of single-family
attached housing but at a lesser density than permitted in a PRD Planned
Residential Development Zone District. This lesser-density district
will serve to balance the Township and regional housing needs with
the ecological and environmental concerns for this area.
[1]
Editor's Note: The provisions of this ordinance
supersede former § 116-99.1, Regulations in PRD-5 Planned
Residential Development (Five Units Per Acre) Zone, added 12-30-1985
by Ord. No. 85-6.
[Added 10-5-1987 by Ord. No. 87-18]
The following regulations apply in the PRD-IH
Planned Residential Development — Inclusionary Housing
Zone:
D.
Development standards and requirements shall be those of the PRD planned residential development standards, § 255-115, unless as otherwise required herein according to the following:
(1)
Inclusionary housing: a minimum of 27 low- and
moderate-income housing units shall be developed.
(2)
Height: 35 feet or three stories.
(3)
Parking: spaces for low- and moderate-income
housing are as follows: 1.50 per efficiency; 1.75 per one bedroom;
2.00 per two bedrooms; and 2.50 per three bedrooms.
(4)
Multifamily dwelling requirements:
(a)
The minimum lot coverage (impervious surface,
i.e., paving and structures) shall not exceed 60% of the tract.
(b)
A maximum number of 12 residential dwelling
units shall be permitted in each building.
(c)
The maximum building length along one plane
is 180 feet and along two planes is 240 feet.
(d)
The minimum distance between structures shall
be 1 1/2 times the height or 30 feet, whichever is the lesser.
Front-to-front distance between buildings shall be three times the
building height or 70 feet, whichever is the lesser.
(e)
The minimum dwelling unit size for low- and
moderate-income units shall be: one bedroom, 600 square feet; two
bedrooms, 700 square feet; and three bedrooms, 900 square feet.
(5)
Aesthetics. The lower-income housing units shall
be designed and constructed in such a manner that they are in substantial
visual and aesthetic conformance with other housing units in the tract.
(6)
Interspersal. Lower-income units shall be interspersed
with similar type housing.
(7)
Unless provided to the contrary herein, the
site design standards shall follow and be subject to the applicable
Site Plan and Subdivision Ordinances,[1] procedures, regulations, standards and guidelines as required
for preliminary and final site plan review and other applicable Township
ordinances, which are incorporated herein by reference.
E.
Controls on affordability and occupancy. Any application
for inclusionary housing development shall include a plan detailing
the method which shall be used to ensure that low- and moderate-income
units shall be sold only to low- and moderate-income households for
a period of not fewer than 20 years from the date of initial occupancy.
Such plan shall be subject to review and approval by the Township
of Independence and/or the New Jersey Housing and Mortgage Finance
Agency, hereinafter the "Agency," with which the Township may enter
into a contractual agreement to administer controls on affordability.
Such plan shall contain all of the requirements set forth in this
section, as well as any regulations consistent with this section which
may be adopted by the Township as may be required by the NJCOAH and/or
the Agency. Cost of administering controls on affordability and occupancy
shall be borne by the applicant.
(1)
Resale controls shall be embodied in a deed
restriction on the property which shall be submitted by the developer
at the time of preliminary site plan approval and shall be subject
to review and approval by the Township and/or the Agency. All deed
restrictions shall be consistent with the requirements of this section
and any and all regulations adopted pursuant hereto.
(2)
Any plan for controlling the resale of low-
and moderate-income units shall adhere to the following requirements:
(a)
Annual indexed increases. The price of an owner-occupied
housing unit of affordable housing units may increase annually based
on the percentage increase in median income for each housing region
as determined from the uncapped Section 8 income limits, published
by HUD, or other recognized standard adopted by the NJCOAH that applies
to the housing unit.
(b)
Procedures of resale. Persons wishing to sell
affordable units shall notify the agency responsible for assuring
affordability of the intent to sell. If no eligible buyer enters a
contract of sale for the unit within 90 days of notification, the
Township shall have the option to purchase the unit within 90 days
of notification; the Township shall have the option to purchase the
unit for the maximum price permitted based on the regional increase
in median income as defined by HUD or other recognized standard adopted
by the NJCOAH. If the Township does not purchase the unit, the seller
may apply for permission to offer the unit to non-income-eligible
households at the maximum price permitted. The seller shall document
efforts to sell the unit to an income-eligible household as part of
this application. If the request is granted, the seller may offer
low-income housing to moderate-income households and moderate-income
housing units to households earning in excess of 80% of median. In
no case shall the seller be permitted to receive more than the maximum
price permitted. In no case shall a sale pursuant to this section
eliminate the resale controls on the unit or permit any subsequent
seller to convey the unit except in full compliance with the terms
of N.J.A.C. 5:92-12.
(3)
Eligible capital improvements. Property owners
of single-family, owner-occupied housing may apply to the Agency for
permission to increase the maximum price for eligible capital improvements.
Eligible capital improvements shall be those that render the unit
suitable for a larger household. In no event shall the maximum price
of an improved housing unit exceed the limits of affordability for
the larger household. Property owners shall apply to the Agency if
an increase in the maximum sales price is sought.
(4)
Impact of foreclosure on resale. A judgment
of foreclosure or a deed in lieu of foreclosure by a financial institution
regulated by state and/or federal law shall extinguish controls on
affordable housing units, provided that there is compliance with the
following subsection:
(a)
Notice of foreclosure shall allow the Township
to purchase the affordable housing unit at the maximum permitted sales
price. Failure of the Township to purchase the affordable housing
unit shall result in NJCOAH adding that unit to the municipal present
and prospective fair-share obligation.
(b)
Excess proceeds upon foreclosure. In the event
of a foreclosure sale, the owner of the affordable housing unit shall
be personally obligated to pay to the Township, through the Agency
responsible for assuring affordability, any surplus funds but only
to the extent that such funds exceed the difference between the maximum
price permitted at the time of foreclosure and the amount necessary
to redeem the debt to the financial institution, including costs of
foreclosure.
(5)
Initial pricing of low- and moderate-income
units.
(a)
The initial price of a low- and moderate-income,
owner-occupied, single-family housing unit shall be established so
that after a downpayment of 10%, the monthly principal, interest,
taxes, insurance and condominium fees do not exceed 28% of an eligible
gross monthly income. The following criteria shall be considered in
determining sale prices:
(b)
Housing units that satisfy the criteria in Subsection E(5)(a)[1] through [4] above shall be considered "affordable."
(c)
Median income by household size shall be established
by the uncapped Section 8 income limits, published by HUD, or other
recognized standard adopted by the NJCOAH that applies to the housing
unit.
(d)
The proposed prices of low- and moderate-income
units and the calculations by which those prices have been established
shall be submitted to the Township as part of the application for
preliminary site plan approval. Nothing contained herein shall prevent
any applicant from qualifying purchasers on the basis of a mortgage
interest rate established through the use of Agency financing or through
the use of mortgage buydowns or adjustable rate mortgages, provided
that any such buydown or mortgage provides for an annual increase
or mortgage interest rate of no more than 1/2 of 1%.
(6)
Range of affordability for purchased housing.
(a)
The average price of low- and moderate-income
units within an inclusionary development shall be, as best as practicable,
affordable to households at 57.5% of median income, as adopted by
COAH.
(b)
In devising a range of affordability for purchased housing, as required in Subsection E(6)(a) above, the development shall provide, as best as practicable, for the following distribution of prices for every 20 low- and moderate-income units:
[1]
For low-income units, the proposed pricing stratification
shall be as follows: one at 40% through 42.5%; three at 42.6% through
47.5%; and six at 47.6% through 50%.
[2]
For moderate-income units, the proposed pricing
stratification shall be as follows: one at 50.1% through 57.5%; one
at 57.6% through 64.5%; one at 64.6% through 68.5%; one at 68.6% through
72.5%; two at 72.6% through 77.5%; and four at 77.6% through 80%.
(7)
Phasing schedule. Low- and moderate-income housing
units within inclusionary developments shall be built in accordance
with the following schedule:
|
Minimum Percentage of Low- and
Moderate-Income Units Completed
|
Percentage of Market
Housing Units Completed
| |
|---|---|---|
|
0
|
25
| |
|
10
|
25 plus 1 unit
| |
|
50
|
50
| |
|
75
|
75
| |
|
100
|
90
| |
|
—
|
100
|
(8)
Bedroom distribution. The low and moderate housing
component within inclusionary developments must meet the following
bedroom distribution requirements:
(9)
Occupancy preference and selection. For all
low- and moderate-income housing units provided in inclusionary developments,
with respect to initial occupancy, all of the units will be first
made available to those low-and moderate-income households that reside
in substandard housing in Independence Township. Secondly, remaining
units shall be made available to income-eligible households that reside
in Independence Township or work in Independence Township and reside
elsewhere. These three types of households shall be offered contracts
of sale and/or lease first and before other eligible households. After
the above households have been afforded the opportunity to purchase
or lease units, the remaining income-eligible applicants not yet under
contract shall be pooled and offered contracts. Within all rounds
of applicant selection, random selection of eligible applicants should
prevail.
(10)
Affirmative marketing requirements. All developers
shall develop an affirmative marketing plan which shall outline the
methods to be used in reaching all segments of the eligible population.
The plan must include special outreach steps which will be taken to
attract low- and moderate-income households.
(a)
All developers of low- and moderate-income housing
units shall affirmatively market said units to persons of low and
moderate income, regardless of race, color, sex, religion or national
origin.
(b)
To that end, the developer shall formulate and
submit an affirmative marketing plan acceptable to the Township pursuant
to the rules of the NJCOAH, which plan shall be incorporated as a
condition of approval of the development application. Said plan shall
describe how low- and moderate-income housing is to be marketed, applicants
screened, occupancy offered and income-eligible households selected.
(c)
At a minimum, the plan shall provide for media
advertisement in newspapers with general circulation in the following
four-county region: Hunterdon, Middlesex, Somerset and Warren Counties.
This plan shall also provide for advertisements in publications of
limited circulation, such as Township newspapers, neighborhood-oriented
weekly newspapers, religious publications and publications of local
real estate industry groups. For each of the media identified, the
developer shall indicate:
[1]
The name of the media.
[2]
The type (e.g., classified or display)
and size of the newspaper advertisement and the initial date of its
appearance. If no copies are available at the time the plan is being
prepared, the applicant shall submit them as soon as possible after
the plan has been approved.
[3]
The frequency and length of any
such advertising.
(d)
The plan shall require the developer to notify
the following agencies on a regular basis of the availability of low-
or moderate-income units: the Urban Leagues, NAACP and housing coalitions
operating in the four counties of the Township's housing region and
other fair housing centers, housing referral organizations, government
social service and public welfare departments and community-based
civic and church-sponsored organizations located in these counties
and other groups as may be identified by the Township prior to approval
of the developer's proposed affirmative marketing plan.
(e)
The developer shall use a brochure as part of
the total marketing program. Brochures can be tailored to meet specific
housing information needs of those persons who are members of groups
identified as least likely to apply for the housing. The brochure
can also contain a greater quantity of information about the development
than that contained in mass media advertising. A brochure should include
a range of information which influences decisions regarding housing
choice, e.g., price, proximity to schools, transportation, shopping
and employment centers and the availability of medical facilities
for disabled persons. The brochure should communicate the developer's
equal housing opportunity policy.
(f)
The affirmative marketing program shall identify
and market to low- and moderate-income households currently residing
in substandard housing, commonly referred to as the "indigenous needy
of Independence." The developer may seek the assistance of Township
officials, Tax Assessors or others in this phase of the program.
(g)
All advertisements shall conform to applicable
affirmative action, equal opportunity and nondiscrimination laws of
the federal and state government. Proof of publication shall be submitted
to ensure compliance with said plan.
(h)
The affirmative marketing program shall commence
at least 90 days before issuance of either temporary or permanent
certificates of occupancy and shall continue until all low- and moderate-income
housing units are under contract of sale and/or lease.
(11)
Other reporting requirements.
(a)
Developers shall submit quarterly reports to
the Township detailing the number of low- and moderate-income households
who have signed leases or purchase agreements, as well as the number
who have taken occupancy of lower-income units, including household
size, number of bedrooms in the unit, sales price and monthly carrying
costs, or in the case of rental units, the monthly rental charges
and utility costs.
(b)
The developer's responsibilities hereunder shall
expire automatically with respect to purchased low- and moderate-income
units within the particular development if sold by the developer.
(c)
With respect to rented low- and moderate-income
units, the developer's responsibilities shall be assumed by the landlord
and shall be performed by the landlord so long as such unit is a low-
or moderate-income unit and subject to the restrictions of this section.
(12)
Application procedure for development in the
PRD-IH Zone.
(a)
An applicant for development in the PRD-IH Zone
shall submit the required plans and documents to the Township approving
agency for review and approval as required by the Township Municipal
Land Use Procedures Ordinance. The Township approving agency shall
distribute the plans to those agencies required by law to review and/or
approve development plans and to Township agencies which normally
review development plans.
(b)
The Township approving agency shall hold a public
hearing on the application not less than 30 days nor more than 45
days from the date of submission of a complete application. Approvals
shall be governed by the provisions of N.J.S.A. 40:55D-46 and N.J.S.A.
40:55D-48.
(13)
Any site plan approved under the authority of
this section shall be conditioned upon approval of the Township Fair
Share Plan, Housing Element and PRD-IH Site Plan by the New Jersey
Council on Affordable Housing or Court having jurisdiction of this
section and the Township's implementation of its fair-share obligations.
[Added 11-10-1998 by Ord. No. 98-4]
The purpose of a PSCRD is to permit the creation
of various types of senior citizen housing to meet the growing housing
needs of this segment of the region's population in a location appropriate
for this type development. The following regulations shall apply in
the Planned Senior Citizen Residential Development (PSCRD):
A.
Permitted principal uses shall be as follows:
(1)
One-family dwellings according to R-2 Zone regulations.
(2)
Farms. Customary agricultural and horticultural
uses, including such shelter as may be required for seasonal farm
labor. Customary agricultural and horticultural uses shall include
the raising, hauling or sale of feed or bedding customarily used in
a farming operation and the retail sale of farm products.
(3)
Planned senior citizen residential development
according to development standards set forth herein.
D.
PSCRD development standards.
(1)
The minimum property size is 40 acres.
(2)
There are public water and sewer facilities.
(3)
There is access to an arterial or collector
type street.
(6)
Standards for each townhouse and/or garden apartment
building:
(a)
Minimum front yard setback: height of building,
but not less than 30 feet.
(b)
Minimum side yard setback: height of building,
but not less than 25 feet.
(c)
Minimum rear yard setback: height of building,
but not less than 50 feet.
(d)
Maximum height: 30 feet.
(e)
Minimum distance between buildings: 1.5 times
the building height, but not less than 50 feet.
(f)
Minimum distance to common driveways and/or
parking areas: 15 feet.
(7)
Standards for nursing home and assisted-living
facility housing:
(a)
There shall be a minimum lot area of five acres
for exclusive use for either the nursing or assisted-living housing.
(b)
Minimum front yard setback: height times number
of stories but not less than 50 feet.
(c)
Minimum side yard setback: height times number
of stories, but not less than 50 feet.
(d)
Minimum rear yard setback: height times number
of stories, but not less than 50 feet.
(e)
Maximum height: 30 feet.
(f)
Minimum distance between buildings: twice the
building height.
(g)
No assisted-living facility shall contain more
than 20 units per acre.
(h)
No nursing home shall contain more than 25 beds
per acre.
(i)
Minimum building distance to parking area: 25
feet.
(8)
Standards for senior citizen single-family homes
shall conform to the R-1/2 Zone district requirements.
(10)
(11)
Interior, development roadways, parking areas,
driveways, dwelling entranceways and pedestrian walks shall be provided
with sufficient illumination to minimize hazards to pedestrians and
motor vehicles utilizing the same and shall, where necessary, be shielded
to avoid disturbing glare to occupants of buildings and shall be in
conformity with the recommendations based on a survey by the Jersey
Central Power and Light Company.
(12)
Energy conservation requirements. The design
of the PSCRD shall conform to all applicable local, county, state
and federal energy conservation requirements. The design, layout and
orientation of structures should be undertaken to maximize energy
conservation and solar access.
(13)
If located abutting existing residences or property zoned residential, there shall be provided screening which shall shield the view and activities from such abutting properties according to § 255-88B of the Zone Ordinance.
(14)
All buildings shall be at least 100 feet from
the tract property line.
(15)
A fifty-foot buffer strip along the upper edge
of the canal prism shall be provided. A required setback may be reduced
up to 50% if it abuts a required buffer.
(16)
Conformance to § 255-57 of the Land Development Ordinance, findings regarding planned improvements.
(17)
Open space and recreation requirements. There
shall be dedicated irrevocably for use as a common space within the
PSCRD for the benefit of the residents of such development and the
municipality an area or areas shown on the subdivision/or and site
plan of the entire development and approved by the Land Use Board.
That area (or areas) shall conform to the following:
[Amended 2-13-2007 by Ord. No. 2007-07]
(a)
At least 10% of the total tract shall be reserved
for common recreation exclusive of the yards, buffers or setbacks
required for housing units.
(b)
There shall be at least one contiguous parcel
of common open space, having direct access to one or more public streets
or common roadways in at least two places, each with a frontage of
at least 50 feet, having a minimum area of two acres of land, suitable
for improved recreational use, at least 50% of which shall be improved
for recreational purposes by the installation of facilities and/or
equipment, such as, by way of illustration but not of limitation,
swimming pools, tennis, handball or squash courts, golf facility and
similar improvements. None of such facilities shall be placed so that
any part thereof is within 150 feet of any residential building. A
swimming pool facility shall be installed and may be restricted to
the exclusive use of PSCRD residents and their guests.
(c)
Usable common open space shall be developed
and improved in accordance with the declared proposals set out in
the developer's approved subdivision and/or site plan of the entire
development in a manner and rate consistent with the development of
the tract. The developer shall complete various stages or portions
of the improved common open space and facilities to be constructed
thereon prior to final subdivision plat approval of any section of
the PSCRD.
(d)
Where natural or historic features exist on
the tract, such areas shall be retained and designed as an integral
part of the plan by providing open access to the areas and orienting
housing and locating street access in a way which uses these areas
as focal points within the development.
(e)
Floodplains, wooded areas and areas with slopes
exceeding 25% may be included as natural features to be evaluated
as part of the open space design. However, due to their limited utility,
floodplains and slopes exceeding 25% shall count as 1/2 acreage credit
in determining compliance with the required amount of open space area
dedication. Undrained swamp land shall not qualify for inclusion as
open space; nor shall any land be included unless reasonable provision
is made by the developer for the drainage of surface waters therefrom
to prevent erosion thereof or of abutting properties. Land subject
to aboveground storm drainage shall not be included in the minimum
open space requirements. Land subject to aerial utility line easements
shall not comprise more than 33% of the minimum open space requirements,
provided that said easements are a minimum of 200 feet wide and any
aerial lines therein are a minimum 25 feet above finished grade.
(f)
All or part of open spaces and recreation areas
may be offered for dedication to the Township, but the Township shall
not be obligated to accept the same. All such open space and recreation
areas not accepted by the Township shall be conveyed irrevocably to
a duly incorporated property owners' association, which shall be responsible
to properly maintain perpetually all of such common open space, pay
all taxes assessed to the land constituting the same as well as any
improvements thereon and supervise all activities conducted thereon,
it being understood that the municipality shall have no obligation
whatsoever in connection with such open space and recreation areas
other than normal municipal services furnished to the public in general.
(g)
The deed of conveyance of such open space and
recreation areas to the property owners' association shall contain
a restricting covenant limiting such land to the common use of home
owners within the PSCRD for the purposes initially approved by the
Land Use Board. Said deeds shall also contain a restriction that said
lands may not be sold or disposed of by the association, except to
another organization formed to own and maintain said open space and
recreation areas without first offering to dedicate the land to the
municipality or another government agency.
(h)
Prior to the sale of any lots within the PSCRD,
the developer shall execute and record a declaration of covenants
and restrictions (after approval thereof by the Attorney for the Land
Use Board as to form and by the Land Use Board as to adequacy) by
the terms of which all lands within the PSCRD and the owners thereof
shall be, at all times, bound to an annual assessment according to
an equitable formula based upon lot ownership to meet the expenses
of maintaining the open space and recreation space and all facilities
therein. Such declaration of covenants and restrictions shall contain
clear, unequivocal provisions creating an enforceable lien in favor
of the property owners' association upon each and every lot within
the development (regardless of whether or not a home shall have been
constructed thereon and whether or not the vacant lot shall have been
sold by the developer) for any unpaid annual assessment by the property
owners' association. The declaration of covenants and restrictions
shall also make the Township of Independence a party thereto, granting
to the municipality express power to compel the association to perform
its obligation relative to the maintenance of the common open space
and all facilities thereon and providing that, in case of default
by the association, the municipality, subject to the giving of notice
and hearings provided in N.J.S.A. 40:55D-43, shall cause such work
to be done as may be reasonably necessary to properly maintain such
common land and facilities, and in addition, the municipality, in
the event of failure of the association to maintain the open space
and recreation areas in a reasonable condition, shall have the right,
after notice and hearing as provided in N.J.S.A. 40:55D-43, to maintain
said open space and recreation areas from year to year and to charge
the cost thereof ratably against each and every lot in the development
for its proportionate share. Such charges shall be a tax lien upon
such properties payable with the taxes. The declaration shall also
provide that each deed for each lot shall contain a specific covenant
to run with the title to such lot, obligating the owner to promptly
pay the annual assessments of the property owners' association and
providing for a lien therefor upon the lot until paid.
(i)
Certified copies of the certificate of incorporation
of the property owners' association, its bylaws, the declaration of
covenants and restrictions therein to be contained, as well as any
general declaration of restrictions, protective covenants and other
documents to affect title and/or the implementation of the administration
of the open space and recreation areas within the PSCRD, shall be
submitted to the Land Use Board for approval and filed with the Township
Clerk prior to final plat approval of the first section of the cluster
development by the Land Use Board. The declaration of covenants and
restrictions and any general declaration restricting the use and yard
requirements of the individual lots shall be recorded in the office
of the County Clerk.
(j)
The implementation of a PSCRD shall be planned
so as to coordinate the improvement of open space and recreation areas
and the construction of dwelling units so that development of each
use shall proceed at the same rate or in the same proportion. To ensure
compliance with this subsection, the Township Engineer shall, prior
to final plat approval of each section of the PSCRD, review for said
development and examine the construction which has taken place on
the site. If he shall find that the development has not taken place
in accordance with the approved site plan, then he shall report such
fact to the Land Use Board, which shall not approve the final plat.
[Added 7-8-2003 by Ord. No. 03-11]
A.
The purpose of cluster development is to permit the
creation of single-family detached dwellings on smaller lots than
would otherwise be permitted in order to create open space in usable
areas and quantities, preserve desirable natural features and tree
cover and encourage high quality of lot layout, planning and land
designs which will stabilize and enhance the character of the district
of which they are a part.
B.
Standards and requirements.
(1)
The minimum land area is a land area of 25 acres
or more.
(2)
Maximum number of lots. In no event shall the maximum number of lots achievable by cluster development exceed the maximum number of lots that could be obtained by noncluster or conventional development consistent with zoning and subdivision requirements in this Land Development Ordinance and applicable county and state requirements, except that this provision shall not apply to the developer's acquisition of additional building lots as provided in § 255-114C(10) herein.
(3)
Uses. Only detached single-family homes can
be constructed in a cluster development plus common recreation and
open space.
(4)
The minimum size of a single-family lot can
vary; however, no lot shall be less than one acre and conform to the
R1 Zone District requirements.
(5)
Underground utilities. The entire project shall
be designed and constructed to provide utility services, including
stormwater drainage, electric, telephone and, where desired, CATV
cables, all of which shall be installed underground. In cases where
the Land Use Board, because of soil conditions or other special physical
site problems, shall determine that this requirement would be unreasonable
or not feasible, the Land Use Board may waive the underground installation
requirement as to one or more of such utility services.
[Amended 2-13-2007 by Ord. No. 2007-07]
C.
Open space. There shall be irrevocably dedicated common
space, within the cluster development, for the benefit of the residents
of such development and the municipality. Open space area or areas
shall be shown on the subdivision and site plan of the entire development
and approved by the Land Use Board. That area (or areas) shall conform
to the following:
[Amended 2-13-2007 by Ord. No. 2007-07]
(1)
The total area of such common open space shall
be not less than 20% of the gross land area of the entire cluster
development.
(2)
There shall be at least one contiguous parcel
of common open space having direct access to one or more public streets
in at least 50 feet having a minimum area of four acres of well-drained
land, not to exceed 5% finished slope, suitable for recreational use,
at least 50% of which shall be improved for active recreational purposes
by the installation of facilities and/or equipment, such as, by way
of facilities and/or equipment, such as, by way of illustration but
not of limitation, swimming pools; tennis, handball or squash courts;
golf courses; play fields for team sports; children's playground equipment;
and similar improvements. None of such facilities shall be placed
so that any part thereof is within 100 feet of any street or residential
property line. Usable common open space shall be developed and improved
in accordance with the declared proposals set out in the developer's
approved subdivision and site plan of the entire development in a
manner and rate consistent with the development of the subdivision.
The developer shall complete the improved open space and facilities
to be constructed thereon prior to issuance of 50% of the certificates
of occupancy for any phase of the cluster development.
(3)
All land to be devoted to common open space
shall be reasonably usable for the purpose proposed.
(4)
All or part of such common open spaces may be
offered for dedication to the Township or other appropriate public
body, as approved by the Township Committee. The Township shall not
be obligated to accept the same. All common open space not accepted
by the Township shall be conveyed irrevocably to a duly incorporated
property owners' association which shall be responsible to properly
maintain perpetually all of such common open space, pay all taxes
assessed to the land constituting the same as well as any improvements
thereon and supervise all activities conducted thereon, it being understood
that the municipality shall have no obligation whatsoever in connection
with such common open space other than normal municipal services furnished
to the public in general.
(5)
The deed of conveyance of such common open space
to the property owners' association shall contain a restricting covenant
limiting such land to the common use of the home owners within the
cluster development, for the purposes initially approved by the Land
Use Board. Said deeds shall also contain a restriction that said lands
may not be sold or disposed of by the association, except to another
organization formed to own and maintain said common open space, without
first offering to dedicate the land to the municipality or another
government agency.
(6)
Open space shall be governed by § 255-58 of the Land Development Ordinance, standards for the establishment of open space organization.
(7)
Prior to the sale of any lots within the cluster
development, the developer shall execute and record a declaration
of covenants and restrictions (after approval thereof by the attorney
for the Land Use Board as to form and by the Land Use Board as to
adequacy) by the terms of which all lands within the cluster development,
and the owners thereof, shall be, at all times, bound to an annual
assessment, according to an equitable formula, based upon lot ownership,
to meet the expenses of maintaining the common open space and all
facilities therein. Such declaration of covenants and restrictions
shall contain clear, unequivocal provisions creating an enforceable
lien in favor of the property owners' association upon each and every
lot within the development (regardless of whether or not a home shall
have been constructed thereon, and whether or not the vacant lot shall
have been sold by the developer) for any unpaid annual assessment
by the property owners' association. The declaration of covenants
and restrictions shall also make the Township of independence a party
thereto, granting to the municipality express power to compel the
association to perform its obligation relative to the maintenance
of the common open space and all facilities thereon, and providing
that, in case of default by the association, the municipality, subject
to the giving of notice and hearings provided in N.J.S.A. 40:55D-43,
shall cause such work to be done as may be reasonably necessary to
properly maintain such common land and facilities, and in addition,
the municipality, in the event of failure of the association to maintain
the common open space in a reasonable condition, shall have the right,
after notice and hearing as provided in N.J.S.A. 40:55D-43, to maintain
said common space from year to year and to charge the cost thereof
ratably against each and every lot in the development for its proportionate
share. Such charges shall be a tax lien upon such properties payable
with the taxes. The declaration shall also provide that each deed
for each lot shall contain a specific covenant to run with the title
to such lot, obligating the owner to promptly pay the annual assessments
of the property owners' association and providing for a lien therefor
upon the lot until paid.
(8)
Certified copies of the certificate of incorporation
of the property owner's association, its bylaws, the declaration of
covenants and restrictions therein to be contained, as well as any
general declaration of restrictions, protective covenants and other
documents to affect title and/or the implementation of the administration
of the common open space within the cluster development shall be submitted
to the Land Use Board for approval and filed with the Township Clerk
prior to final approval of the first section of the cluster development
by the Land Use Board. The declaration of covenants and restrictions
and any general declaration restricting the use and yard requirements
of the individual lots shall be recorded in the office of the County
Clerk.
(9)
The implementation of a cluster development
shall be planned so as to coordinate the improvement of common open
space and recreation uses and the construction of dwelling units,
so that development of each use shall proceed at the same rate or
in the same proportion. To ensure compliance with this subsection,
the Township Engineer shall, prior to final plat approval of each
section of the cluster residential development, review for said development
and examine the construction which has taken place on the site. If
he shall find that the development has not taken place in accordance
with the approved site plan, then he shall report such fact to the
Land Use Board, which shall not approve the final plat.
(10)
Contribution in lieu of construction of active
recreation. In lieu of construction of the active recreation required
herein above, the developer may elect, after disclosure of the value
of the contribution and with approval by the approving authority,
to make a contribution equivalent to the fair market value of the
land upon which no active recreation is constructed, together with
the cost of the recreational facilities not so constructed in exchange
for the within payments, the developer shall be given the right to
develop one buildable lot for residential purposes. The fair market
value of the land upon which active recreational facilities are not
constructed shall be determined by an independent appraiser appointed
by the Township for said purpose, the cost of which shall be borne
by the developer, and the cost of the recreational facilities not
constructed shall be determined by the Land Use Board. All contributions
in lieu of construction of active recreation shall be paid to a recreation
trust fund maintained by the Township specifically for the periodic
purchase, lease, acquisition and/or maintenance of active recreation
land and improvements for the use of Township residents. Said contribution
shall be paid as follows: 1/2 at the time of final approval and the
balance at the time of the issuance of the first building permit.
In no event shall any land required to be set aside as open space
for passive recreation be subject to the developer's acquisition as
herein provided.
D.
Standards and requirements for tracts with public
sewer and water services. Those tracts which are within the service
area of, and are to be served by, the Hackettstown Municipal Utilities
Authority for public water and sewer may determine the maximum lots
that could be obtained by noncluster or conventional development consistent
with the R-2 zoning standards and requirements, and zoning and subdivision
requirements in this Land Development Ordinance and applicable county
and state requirements.
A.
The purpose of a PRD Planned Residential Development
Zone District is to permit the creation of single-family attached
housing. This type of housing will serve to balance the Township and
regional housing supply, a location which may be appropriate for that
type of housing.
B.
Specific standards.
(1)
The minimum property size is 20 acres.
(2)
There are public water and sewer facilities.
(3)
There is immediate access to an arterial- or
collector-type street.
(4)
If located abutting existing residences, there shall be provided screening in the side and rear yards which shall shield the view and activities from such abutting properties according to § 255-88B of the Zone Ordinance.
(6)
Energy conservation requirements. The design
of the PRD shall conform to all applicable local, county, state and
federal energy conservation requirements. The design, layout and orientation
of structures should be undertaken to maximize energy conservation
and solar access.
(7)
Open space and recreation requirements. There
shall be dedicated irrevocably for use as a common space within the
PRD for the benefit of the residents of such development and the municipality
an area or areas shown on the subdivision and site plan of the entire
development and approved by the Land Use Board. That area (or areas)
shall conform to the following:
[Amended 2-13-2007 by Ord. No. 2007-07]
(a)
At least 20% of the total tract shall be reserved
for common open space and common recreation exclusive of the yards
required for housing units.
(b)
There shall be at least one contiguous parcel
of common open space, having direct access to one or more public streets
in at least two places, each with a frontage of at least 50 feet,
having a minimum area of two acres of well-drained, reasonably level
land, suitable for recreational use, at least 50% of which shall be
improved for recreational purposes by the installation of facilities
and/or equipment, such as, by way of illustration but not of limitation,
swimming pools, tennis, handball or squash courts, golf courses, play
fields for team sports, children's playground equipment and similar
improvements. None of such facilities shall be placed so that any
part thereof is within 100 feet of any collector street or residential
property line.
(c)
Usable common open space shall be developed
and improved in accordance with the declared proposals set out in
the developer's approved subdivision and site plan of the entire development,
in a manner and rate consistent with the development of the subdivision.
The developer shall complete various stages or portions of the improved
common open space and facilities to be constructed thereon prior to
final subdivision plat approval of any section of the PRD.
(d)
Formal recreation activities, such as swimming
pools, court games, playgrounds and/or ballfields, shall be installed
on a minimum of 10% to the total land area.
(e)
Where natural or historic features exist on
the tract, such areas shall be retained and designed as an integral
part of the plan by providing open access to the areas and orienting
housing and locating street access in a way which uses these areas
as focal points within the development.
(f)
Floodplains, wooded areas and areas with slopes
exceeding 25% may be included as natural features to be evaluated
as part of the open space design. However, due to their limited utility,
floodplains and slopes exceeding 25% shall count as 1/2 acreage credit
in determining compliance with the required amount of open space area
dedication. Undrained swamp land shall not qualify for inclusion as
open space; nor shall any land be included unless reasonable provision
is made by the developer for the drainage of surface waters therefrom
to prevent erosion thereof or of abutting properties. Land subject
to aboveground storm drainage shall not be included in the minimum
open space requirements. Land subject to aerial utility line easements
shall not comprise more than 33% of the minimum open space requirements,
provided that said easements are a minimum of 200 feet wide, and any
aerial lines therein are a minimum 25 feet above finished grade.
(g)
All or part of open spaces and recreation areas
may be offered for dedication to the Township, but the Township shall
not be obligated to accept the same. All such open space and recreation
areas not accepted by the Township shall be conveyed irrevocably to
a duly incorporated property owners' association, which shall be responsible
to properly maintain perpetually all of such common open space, pay
all taxes assessed to the land constituting the same as well as any
improvements thereon and supervise all activities conducted thereon,
it being understood that the municipality shall have no obligation
whatsoever in connection with such open space and recreation areas
other than normal municipal services furnished to the public in general.
(h)
The deed of conveyance of such open space and
recreation areas to the property owners' association shall contain
a restricting covenant limiting such land to the common use of home
owners within the PRD, for the purposes initially approved by the
Land Use Board. Said deeds shall also contain a restriction that said
lands may not be sold or disposed of by the association, except to
another organization formed to own and maintain said open space and
recreation areas without first offering to dedicate the land to the
municipality or another government agency.
(i)
Prior to the sale of any lots within the PRD,
the developer shall execute and record a declaration of covenants
and restrictions (after approval thereof by the attorney for the Land
Use Board as to form and by the Land Use Board as to adequacy) by
the terms of which all lands within the PRD, and the owners thereof,
shall be, at all times, bound to an annual assessment, according to
an equitable formula based upon lot ownership, to meet the expenses
of maintaining the open space and recreation space and all facilities
therein. Such declaration of covenants and restrictions shall contain
clear, unequivocal provisions creating an enforceable lien in favor
of the property owners' association upon each and every lot within
the development (regardless of whether or not a home shall have been
constructed thereon, and whether or not the vacant lot shall have
been sold by the developer) for any unpaid annual assessment by the
property owners' association. The declaration of covenants and restrictions
shall also make the Township of Independence a party thereto, granting
to the municipality express power to compel the association to perform
its obligation relative to the maintenance of the common open space
and all facilities thereon and providing that, in case of default
by the association, the municipality, subject to the giving of notice
and hearings provided in N.J.S.A. 40:55D-43, shall cause such work
to be done as may be reasonably necessary to properly maintain such
common land and facilities, and in addition, the municipality, in
the event of failure of the association to maintain the open space
and recreation areas in a reasonable condition, shall have the right,
after notice and hearing as provided in N.J.S.A. 40:55D-43, to maintain
said open space and recreation areas from year to year and to charge
the cost thereof ratably against each and every lot in the development
for its proportionate share. Such charges shall be a tax lien upon
such properties payable with the taxes. The declaration shall also
provide that each deed for each lot shall contain a specific covenant
to run with the title to such lot, obligating the owner to promptly
pay the annual assessments of the property owners association and
providing for a lien therefor upon the lot until paid.
(j)
Certified copies of the certificate of incorporation
of the property owners' association, its bylaws, the declaration of
covenants and restrictions therein to be contained, as well as any
general declaration of restrictions, protective covenants and other
documents to affect title and/or the implementation of the administration
of the open space and recreation areas within the PRD shall be submitted
to the Land Use Board for approval and filed with the Township Clerk
prior to final plat approval of the first section of the cluster development
by the Land Use Board. The declaration of covenants and restrictions
and any general declaration restricting the use and yard requirements
of the individual lots shall be recorded in the office of the County
Clerk.
(k)
The implementation of a PRD shall be planned
so as to coordinate the improvement of open space and recreation areas
and the construction of dwelling units, so that development of each
use shall proceed at the same rate or in the same proportion. To ensure
compliance with this subsection, the Township Engineer shall, prior
to final plat approval of each section of the PRD, review for said
development and examine the construction which has taken place on
the site. If he shall find that the development has not taken place
in accordance with the approved site plan, then he shall report such
fact to the Land Use Board, which shall not approve the final plat.
(l)
The design of the recreational facility plan
shall be reviewed by the Independence Township Recreation Commission
and shall conform to the following standards:
[1]
Bikeways: six to eight feet in width; hard surface;
maximum 10% grade, but lesser grades for sustained distances; and
curb ramps installed at street crossings.
[2]
Playlots: 2,000 square feet for toddlers and
up to 5,000 square feet for older preschool children; facilities to
include sandboxes, swings, slides and low climbing devices. Benches
for parents shall be included.
(8)
Permitted principal uses shall be as follows:
(11)
Utilities. The entire project shall be designed
and constructed to provide utility services, including stormwater
drainage, electric, telephone and, where desired, CATV cables, all
of which shall be installed underground. In cases where the Land Use
Board, because of soil conditions or other special physical site problems,
shall determine that this requirement would be unreasonable or not
feasible, the Land Use Board may waive the underground installation
requirement as to one or more of such utility services.
[Amended 2-13-2007 by Ord. No. 2007-07]
(13)
Buffering. The purpose of the buffer shall be
to soften the major visual impact of the development to adjacent properties
and the public. To meet this objective, the buffer may vary in width
and/or planting intensity and plant material depending on existing
topography and other conditions. In the absence of an alternate design
approved by the Board for an effective buffer, an average buffer at
least 75 feet wide shall be established along all existing arterial
and collector roads. Said buffer shall at no point be less than 50
feet at any point. This buffer area shall be planted with a mixture
of deciduous and evergreen trees and shrubs in a manner approved by
the Land Use Board to provide an effective visual screen.
[Amended 2-13-2007 by Ord. No. 2007-07]
(14)
Circulation. Each PRD shall prepare an overall
circulation system including streets (specifying whether they are
public or private), pedestrianways and bikeways. If necessary, a condition
of approval will be the necessary widening, realignment, drainage,
signalization and paving to bring off-tract streets up to collector
streets specifications or if necessary to accommodate increased traffic
and utilization.
(15)
Residential design standards.
(a)
The placement of individual structures and the
design of neighborhoods and housing types shall be done in a manner
using existing topographic and vegetative characteristics or man-made
contours and planting to minimize the visual impact of a large development
and to use such features to separate neighborhoods, screen major areas
of improvements and soften the visual impact of buildings and paved
areas.
(b)
Individual segments of the residential portion
of the PRD may have design densities greater than the maximum density
established for the entire tract, provided that sufficient open spaces
are dedicated so the average density for the entire project is not
exceeded and recreation areas are not reduced. The maximum design
densities as outlined below shall be calculated on the area designated
for each housing type, including the area for driveways, parking,
building locations and yards, but excluding open space dedications.
(c)
Townhouses, quadplexes, duplexes, townhomes
and garden condominiums and other forms of attached units may be developed
at a maximum of 12 units per net acre. Such housing units shall be
regulated by the following:
[Amended 7-13-1993 by Ord. No. 93-8]
[1]
Individual townhouse lot requirements:
[a]
Maximum coverage (building and
paving): 50%.
[b]
Minimum area: 2,400 square feet.
[c]
Minimum width: 24 feet.
[d]
Minimum depth: 100 feet.
[e]
Maximum height: 30 feet.
[f]
Minimum front yard: 25 feet.
[g]
Minimum side yard: zero feet for
interior units; same as building height for end units.
[h]
Minimum rear yard: same as the
building height.
[i]
Maximum bedrooms: 10%; three bedrooms.
[j]
Maximum unit size: three bedrooms.
[k]
Minimum distance between buildings:
twice the building height.
[2]
Individual duplex/quadplex lot
requirements:
|
Regulation
|
Duplex
|
Quadplex
| |
|---|---|---|---|
|
Maximum lot coverage
(building and paving)
|
45%
|
45%
| |
|
Minimum lot area
|
See Note 1
|
See Note 1
| |
|
Minimum lot width
|
See Note 2
|
See Note 2
| |
|
Maximum height
|
30 feet
|
30 feet
| |
|
Minimum lot depth
|
100 square feet
|
100 square feet
| |
|
Minimum front yard
|
25 feet
|
25 feet
| |
|
Minimum side yard
|
See Note 3
|
See Note 3
| |
|
Minimum rear yard
|
25 feet
|
25 feet
| |
|
Maximum design density
|
6 units per acre
|
6 units per acre
| |
|
Maximum size unit
|
3 bedrooms
|
3 bedrooms
|
|
NOTES:
| ||
|---|---|---|
|
Note 1
|
Each unit in a duplex or quadplex shall have
4,000 square feet of land area. For a duplex, this shall be either
in the form of one lot of 8,000 square feet for both units or two
abutting lots of 4,000 square feet. For a quadplex, there shall be
one contiguous area of at least 16,000 square feet, which can be subdivided
into smaller lots for individual units.
| |
|
Note 2
|
Each duplex shall have a lot width of at least
70 feet and each quadplex 140 feet. The lot width per unit may vary
depending on the ability of the design to handle resident and guest
parking and maintain setback requirements.
| |
|
Note 3
|
Side yards for duplexes and quadplexes shall
be zero feet on attached sides, but not less than the equivalent of
0.75 times the building height on the outside wall, provided that
a side yard of at least 15 feet is maintained where a driveway is
located between the building and the side yard.
| |
[3]
Individual patio home/zero lot
line home requirements:
[a]
Maximum coverage (building and
paving): 40%.
[b]
Minimum area: 5,000 square feet.
[c]
Minimum width: 50 feet.
[d]
Maximum height: 30 feet.
[e]
Minimum depth: 100 feet.
[f]
Minimum front yard: 25 feet.
[g]
Minimum side yard space: zero on
one side; equal to the building height on the other side, with a minimum
of 15 feet if the driveway passes between the building and the side
lot line.
[h]
Minimum rear yard space: 30 feet.
[i]
Maximum design density: six units
per acre.
[j]
Maximum unit size: three bedrooms.
(16)
Off-street parking.
(a)
The minimum number of parking spaces shall be
2.5 spaces per dwelling unit for townhouses, duplex, quadplex and
patio/zero lot line homes.
[Amended 7-13-1993 by Ord. No. 93-8]
(b)
The minimum number of parking spaces for garden
condominiums shall be 1.75 spaces for each one-bedroom unit and 2.25
spaces for each two-bedroom unit.
[Amended 7-13-1993 by Ord. No. 93-8]
(c)
Separate parking areas shall be designed within
the PRD to accommodate boats, campers and other recreational vehicles.
(d)
A single-width driveway to a garage shall be
counted as one space.
(e)
Dwellings with individual driveways shall have
that driveway width at least 10 feet wide.
A.
Purpose. In recognition of innovations in and changes
in the technology of land development which can be beneficial to the
future well-being of the Township, but which benefits are unlikely
to be realized through the uniform treatment of area, yard and building
requirements on a lot-by-lot basis, and also in recognition of certain
uses which are necessary to serve the needs and convenience of the
Township, but which uses may be or become inimical to the public health,
safety and general welfare by reason of their inherent nature and/or
operation, special and proper consideration of existing and probable
future conditions and characteristics of the surrounding area are
required. This article provides that such uses are declared to be
conditional uses.
B.
Requirement. Uses which are specifically authorized
in this article as conditional uses may be permitted in the particular
zone where authorized, if found appropriate in the specific location
and circumstances upon the approval of such conditional use by the
Land Use Board and site plan approval. Such conditional use shall
adhere to the minimum standards specified for that particular use
by the applicable regulations of this article and shall further conform
to such other conditions and requirements as may be stipulated in
the approval of the conditional use.
[Amended 2-13-2007 by Ord. No. 2007-07]
C.
Guiding principles and criteria. In its consideration
of any application for a conditional use, the Land Use Board shall
duly consider and take its action within the frame of reference established
by the following guiding principles and criteria:
[Amended 2-13-2007 by Ord. No. 2007-07]
(1)
Such use shall be one which is specifically
authorized as a conditional use in the zone within which such particular
site is located.
(2)
Such use shall not be contrary to the purpose
of this article, and such use will be beneficial toward achievement
of the Master Plan objectives of the Township.
(3)
Such use shall adhere to the minimum standards
specified for that particular use by the Schedule of Limitations,[1] the specific regulations for conditional uses and all
other applicable regulations of this article.
[1]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
(4)
The design, characteristics and operation of
the use shall be such that the public health, safety and general welfare
will be protected.
(5)
Findings.
(a)
Findings by the Land Use Board that the conditional
use:
(b)
For every such use, the Land Use Board shall
make its findings supported by evidence produced at a public hearing
in the manner provided by law.
(c)
For every such use, the Land Use Board shall
determine that the design and operation of the use shall meet the
standards of this chapter and principles of good engineering and design
through the process of site plan review in accordance with the site
plan provisions of the Land Development Ordinance.
D.
Specific uses shall be as follows:
(1)
Public and semiprivate buildings.
(2)
(3)
(4)
(6)
Churches, Sunday schools and other places of
worship.
[Amended 7-14-1986 by Ord. No. 86-11]
(a)
Minimum lot size is five acres.
(d)
If located abutting existing residences, there shall be provided screening in the side and rear yards, which shall shield the view and activities from such abutting properties according to § 255-88B of this article.[2]
[2]
Editor's Note: Former Subsection B(7), Cluster
development, as amended, which immediately followed this subsection,
was repealed 7-8-2003 by Ord. No. 03-11.
(7)
Adult establishments.
(a)
Permitted use: a retail establishment selling
publications and other material of a sexual nature.
(b)
Minimum lot area is 30,000 square feet.
(d)
If located abutting existing residences, there shall be provided screening in the side and rear yards, which shall shield the view and activities from such abutting properties according to § 255-88B of the Zone Ordinance.
(e)
A new building or structure of such use shall
be located no closer than 500 feet from any residential use and no
closer than 1,000 feet from any public or private school, church,
public recreation facility and any other religious or educational
use district.
(f)
No such use shall be located within 1,500 feet
of a similar use.
(g)
Parking. There shall be one parking space for
every 50 square feet of floor area.
(h)
No materials sold or displayed within the premises
shall be visible from any windows or door or within public view from
outside the building.
(i)
All trash, refuse, articles or any matter to
be disposed of shall be shredded or cut in such fashion so that the
remains shall not be readable, legible or discernable.
(j)
Construction of all walls and partitions in
buildings in which movies, films or shows of any kind are shown shall
be subject to the following:
[1]
In the construction of all walls and partitions
in all rooms or booths, material of not less than one-hour fire-resistant
time shall be used.
[2]
All aisles in such establishment shall not be
less than 50 inches in width.
[3]
The light level in such establishments shall
not be less than 10 footcandles at floor level.
[4]
In every room of such establishments there shall
be not less than two lighted exits within the constant and unobstructed
view of the occupants, which exits shall lead directly to the outside
of such building.
(k)
Signs. The sign identifying the subject property
shall be limited to 10 square feet and shall be wall-mounted upon
the principal building. The sign shall be limited to lettering indicating
the name and address of the facility only.
(l)
Single use. No building, premises, structure
or other facility that contains any adult establishment shall contain
any other kind of adult establishment. No building, premises or structure
or other facility in which sexually oriented devices are sold, distributed,
exhibited or contained shall contain any adult establishment.
(m)
Nothing contained herein shall be construed
to permit the sale or display of obscene material which is prohibited
by any other state or local ordinance.
(8)
Senior citizen housing.
(a)
Minimum lot size is five acres.
(b)
Public water supply and sewer system must be
available.
(c)
The following design standards and regulations
shall be provided for:
[1]
No dwelling structure shall be more than two
stories above grade level and shall not contain more than two floors
of living area.
[2]
Taking the above tract as an entity, the following
standard shall be followed:
[3]
No building or structure shall be located within
45 feet of the public street or highway. Every building or structure
shall have a minimum setback of 45 feet from the adjoining property
lines of the development lot.
[4]
No building shall be closer than 25 feet to
any other buildings, except as allowed by the Land Use Board when
this requirement is waived for architectural considerations.
[Amended 2-13-2007 by Ord. No. 2007-07]
[5]
Each apartment unit shall contain a complete
kitchen facility, bathing facility and at least one bedroom, as well
as living space. Only bedrooms may be used as sleeping quarters. Each
apartment unit shall have a minimum living area of 600 square feet.
[Amended 11-12-1985 by Ord. No. 85-12]
[6]
No approval shall be granted for a development
consisting of less than 24 living units.
[7]
No building structure shall contain more than
16 apartment units.
[Amended 11-12-1985 by Ord. No. 85-12]
[8]
Interior roadways, driveways and parking areas
shall be constructed of a minimum of a three-inch bituminous-concrete
stabilized base course with a one-and-one-half-inch bituminous-concrete
surface course of a properly stabilized and compacted subbase.
[9]
Sidewalks shall be four feet in width and a
minimum of three inches of bituminous concrete upon a properly stabilized
and compacted subbase; sidewalks can be defined as the pedestrian
thoroughfare running parallel to roadways, driveways and parking lots
and connecting to or being the principal access to and from the dwellings.
[10]
If garages are to be provided,
they must conform to the same architectural design as the dwelling
units.
[11]
A master antenna or cable service
shall be provided.
[12]
Topsoil shall not be removed from
the site during construction, but shall be stored and redistributed
to areas within the development most exposed to view by occupants
and the public and shall be stabilized against erosion by seeding
and planting.
[13]
At no time shall the total number
of senior citizen — handicapped units in all senior citizen
— handicapped persons housing developments, in any particular
zone, exceed 25% of the number of one-family dwellings in said zone.
[14]
No senior citizen — handicapped
persons housing development shall be contiguous to any other such
development.
[15]
At that time a determination of
the number of persons who may safely use this system shall be made.
This figure shall be made a part of the occupancy permit.
[16]
Before any dwelling structure
can be occupied, the owner shall secure an occupancy permit from the
Construction Code Official. No occupancy permit shall be issued until
the dwelling structure has been completed and until all improvements
are in place and functioning.
[17]
The developer shall install as
many fire hydrants as may be deemed necessary by the Fire Chief and
Township Engineer to adequately protect each building structure.
[18]
Interior, development roadways,
parking areas, driveways, dwelling entranceways and pedestrian walks
shall be provided with sufficient illumination to minimize hazards
to pedestrians and motor vehicles utilizing the same and shall, where
necessary, be shielded to avoid disturbing glare to occupants of buildings
and shall be in conformity with the recommendations based on a survey
by the Jersey Central Power and Light Company.
[19]
Interior development roadways
shall be not less than 24 feet wide and shall be so designed as to
minimize hazards to pedestrians and motor vehicles in and on said
roadways and in areas adjacent to said roadways.
[20]
Driveways to and from interior
development roadways shall be 22 feet in width.
[21]
No parking at any time shall be
permitted on interior development roadways.
[22]
Interior development roadways,
driveways, parking areas, steps and sidewalks shall be maintained
in safe condition and shall be cleared in winter and, where necessary,
sanded.
[23]
Usable recreation areas. For any
group of such buildings there shall be reserved and improved by way
of grading, landscaping and seeding (in addition to the minimum space
between buildings and off-street parking space herein required) a
minimum space equivalent to 25% of the total land area within the
site, for usable recreation space.
(9)
Elder cottage housing opportunity (ECHO Housing)
[Added 7-8-1997 by Ord. No. 97-7]
(a)
Elder cottage housing opportunity (ECHO) units
shall be permitted as a conditional use as an accessory structure
in all residential zone districts. Each such unit shall consist of
a single dwelling unit not to exceed 750 square feet in interior living
area, on a single level, constructed so as to be readily removable
and owned or provided by a county, state or municipal agency which
shall be responsible for its removal.
(b)
ECHO units may be erected only upon lots on
which a single-family residence is already located and may not be
constructed within the front yard of any lot. Such units shall be
constructed and removed in accordance with all applicable ordinances,
statutes and regulations and shall be a conditional use requiring
approval of a minor site plan by the Independence Township Land Use
Board and which shall, in all other respects, meet the requirements
and code provisions of the local Health Officer, Fire Subcode Official
and Building Subcode Official of Independence Township, Warren County,
New Jersey.
[Amended 2-13-2007 by Ord. No. 2007-07]
(c)
An ECHO unit shall be permitted only upon approval
by the Independence Land Use Board upon application by the owner of
the property upon which the principal residence associated with the
ECHO unit is located. The approval for the construction and maintenance
of any ECHO unit shall be renewable annually upon application of the
owner of the property, after certification by the zoning enforcement
official of the continuing compliance by the permittee with the conditions
of the original issuance of the permit. Notice of application for
the original permit shall be served in accordance with the provisions
of N.J.S.A. 40:55D-12.
[Amended 2-13-2007 by Ord. No. 2007-07]
(d)
An ECHO unit shall be occupied by no more than
two people who shall be related to each other by blood or marriage,
at least one of whom shall be 55 years of age or older or handicapped
and unable to live independently, and at least one of whom shall be
related by blood, marriage or adoption to one or more of the persons
residing in the principal dwelling associated with the said ECHO unit.
(e)
No ECHO unit shall be permitted to be erected
upon any lot unless the lot area shall be at least 15,000 square feet.
No ECHO unit shall be erected within the front yard of the lot and
when erected in the side yard or rear yard, shall conform to all provisions
of the Independence Township Land Development Ordinance establishing
minimum side and rear yard setback requirements for principal structures
for the zone district in which the lot is located.
(f)
ECHO units shall conform to all other provisions
of the Independence Township general ordinances as to accessory structures
and may be manufactured dwelling units, provided that the width or
shorter horizontal dimension of the unit shall be no less than 22
feet.
(g)
Each ECHO unit shall be provided with adequate
water supply and sewage disposal arrangements, which may be by means
of interconnections with the facilities of the principal residence
as approved by the Independence Township Code Enforcement Official
and Health Officer, and shall be erected upon a foundation which meets
applicable construction codes while allowing complete removal when
the need for the unit ends.
(h)
An ECHO unit shall be removed from the premises
within 120 days from the death of the dependent occupant for whom
permitted, unless the remaining occupant (if any there be) and the
resident in the principal dwelling specifically request from the Land
Use Board a continuation of the permit. An ECHO unit shall also be
removed within 90 days from the permanent change of residence of the
said occupant or occupants. The site shall be restored such that no
visible evidence of the unit remains.
[Amended 2-13-2007 by Ord. No. 2007-07]
(i)
Notwithstanding any other provision of the Independence
Township Land Development Ordinance, a minor site plan for the construction
of an ECHO unit shall be submitted to the Independence Township Land
Use Board for approval prior to the issuance of any permit by the
zoning or other code enforcement official. The approval by the Health
Code Officer of all water and sewage disposal arrangements shall be
required prior to Land Use Board action to approve or deny the application.
[Amended 2-13-2007 by Ord. No. 2007-07]
(j)
ECHO units may not be constructed or erected
within planned-unit or planned-unit residential developments.
(k)
Any action and any application for approval
of an ECHO unit shall include, at a minimum, a sketch plat, which
shall be to scale, showing a location of all existing or proposed
buildings, structures, drives, walkways and the layout of all utility
services, including proposed water and sewer connections, plus landscaping
and screening if such are contemplated. A building elevation showing
the nature and design of the unit to be constructed or placed upon
the property shall accompany the site plan. The site plan sketch shall
be of sufficient detail and shall be submitted in sufficient numbers
of copies to adequately inform the Land Use Board concerning the proposal.
The site plan shall be reviewed by the Land Use Board and the Land
Use Board's professional advisors. The site plan sketch shall be endorsed
by the governmental agency which will own or provide the ECHO unit.
[Amended 2-13-2007 by Ord. No. 2007-07]
(l)
No fee shall be required for submittal or review
of the site plan. The application shall not be deemed complete until
approved by the Health or Sanitation Officer, the Fire Subcode Official
and the Building Subcode Official as meeting all applicable standards
relevant thereto. Applicable design standards set forth in the Independence
Township Land Development Ordinance shall guide the applicant in developing
the site plan and the Land Use Board in reviewing it.
[Amended 2-13-2007 by Ord. No. 2007-07]
Before the issuance of any building or occupancy
permit for any nonresidential use, all of the following minimum standards
must be complied with. These technical standards are intended to further
define the types of activities permitted in industrial and other nonresidential
districts and to create minimum standards which must be met for any
and all nonresidential uses within the Township. To the extent that
the standards contained herein are less stringent than any standards
promulgated by statute, rule or directive of the federal, state or
county governments or agencies thereof or by other ordinances of the
Township of Independence or Board of Health of the Township of Independence,
then, and in that event, the more stringent standard shall be complied
with. In all other instances, the standards set forth hereinafter
shall be binding. The standards contained hereinafter are minimum
ones and shall be applied to ensure initial and continuing compliance
by developers of new nonresidential construction and shall be applicable
to portions of any existing use which is to be either extended or
enlarged. These standards are also applicable to existing industrial
uses not applying for extension or enlargement where it is determined
that failure to comply may adversely affect the health and safety
of the public.
A.
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 Building Code
or Fire Ordinance, whichever is more restrictive. All operations shall
be carried on and explosive raw materials, fuels, liquids and finished
products shall be stored in accordance with the standards of said
Board of Fire Underwriters. Every building shall be equipped with
automatic sprinklers which conform to the standards of the National
Board of Fire Underwriters.
B.
Smoke; fumes; gases; dust; odors. There shall be no
emission of any smoke, fumes, gas, dust or odors. These and any other
atmospheric pollutant which is detectible to the human senses at the
boundaries of the lot occupied by such use is prohibited.
C.
Atomic and electronic radiation. Any use involving
radiation or radioactive substances shall be permitted only in accordance
with Chapter 28 of the New Jersey Administration Code establishing
the Bureau of Radiation Protection. No radioactive material shall
be discharged in the atmosphere, the sanitary sewer system, streams,
groundwater, water supply or surface water. No radioactive material
shall be buried or disposed of on the premises.
D.
Vibration. There shall be no vibration which is discernible
to the human sense of feeling beyond the immediate site on which such
use is conducted.
E.
Noise. There shall be no noise emanating from any
operation which will be audible to the human sense of hearing beyond
the boundaries of the immediate site.
F.
Appearance. Every building shall be faced on all exterior
walls with a veneer material as approved by the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
G.
Liquid or solid wastes.
(1)
No operation shall discharge wastes of any kind
into any reservoir, pond, lake, underground stream or underground
water source.
(2)
The discharge of untreated wastes into a stream
is prohibited.
(3)
All methods of sewage and industrial waste treatment
and disposal shall be approved by Township and New Jersey State Health
Departments.
(4)
Effluent from a treatment plant shall at all
times comply with the following standards:
(a)
Maximum five-day biochemical oxygen demand:
five parts per million.
(b)
Maximum quantity of effluent: 10% of the minimum
daily stream flow.
(c)
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.
(d)
Maximum total solids: 5,000 parts per million.
(e)
Maximum phenol: 0.10 part per million.
(5)
No effluent shall contain any acids, oils, dust,
toxic metals, corrosive or other toxic substance, in solution or suspension,
which would be discharged into groundwater streams, water supply or
surface water.
H.
Heat. Any operation producing excessive heat shall
be performed within an entirely enclosed structure and in such a manner
as not to be perceptible at or beyond any property line or boundary
of any public right-of-way. Further, no process shall be permitted
which would cause temperature to rise in any bodies of water, including
ponds, streams, lakes or in groundwater, unless the applicant shall
prove to the Land Use Board clearly and convincingly that such increase
will have no deleterious effect on the ambient environment.
[Amended 2-13-2007 by Ord. No. 2007-07]
I.
Glare.
(1)
From structures. Light from enclosed structures
shall be shielded or directed in such a way that glare is not visible
at any point on any boundary line, property line or street line.
(2)
Area lighting. Area lighting, including that
used for production activities and protective purposes, driveways,
loading and unloading and parking, shall be located so that glare
will not be visible at any point to adjoining properties, adjoining
districts or to any adjoining public right-of-way.
(3)
Advertising lighting. The intent of this subsection
is to ensure lighting decoration done in a tasteful manner which will
not detract from peaceful enjoyment of surrounding areas. Advertising
lighting, including all lighting which is used for directing attention,
shall be permitted where the source of illumination shines directly
toward the sign without producing glare or shines directly toward
a building, cluster of shrubs, fountain or other point of interest,
not toward any point off the property. No lighting of intermittent
intensity or flashing light will be permitted. No lighting will be
permitted which is directed skyward solely for the purpose of advertising
or drawing the attention of the public.
J.
Chemical uses. In the interest of the health and safety
of the public and for the protection of valuable environmental resources,
industrial users of chemical products and process shall maintain,
on site, a means of containing effluent from spills, leaks or system
breakdowns. Such spills, leaks or breakdowns shall be immediately
reported to the Township and state, which shall forthwith inspect
the effluent from same. No materials so contained may be discharged
or disposed of until after the inspection and approval for discharge
or disposal is obtained. A spill or system breakdown is defined as
any discharge of chemical waste, products or processing materials
not anticipated in the ordinary course of business or of a substance,
regardless of quantity, which is inherently dangerous to the public
or to the environment.
A.
Prior to the approval of any site plan, subdivision
or variance for new construction of nonresidential uses, sufficient
information shall be supplied to the Construction Official and Land
Use Board concerning the proposed operation of the premises so as
to enable a determination to be made as to whether or not the proposed
use will be in compliance with the standards set forth in the preceding
sections of this chapter. Said information shall be reviewed by the
Fire Marshal, Township Planner, Township Engineer, Zoning Officer
and Health Officer of the Township, as applicable. Such review shall
take place within time frames provided for approval of applications;
provided, however, that no application shall be deemed to be complete
until such time as the required information has been submitted to
the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
B.
If the occupant of a particular structure is not known
at the time of application, the property owner shall supply to the
Land Use Board at such time as the occupant is known the above required
information. In such case, the Land Use Board shall have 20 days to
review said information to determine compliance with the provisions
of this section. In no case shall a certificate of occupancy be issued
for any building until such information is made available to the Construction
Official and Land Use Board, and a determination on compliance is
made.
[Amended 2-13-2007 by Ord. No. 2007-07]
C.
Subsequent to the issuance of a certificate of occupancy
and within six months thereof, the Planner, Zoning Officer, Health
Officer, Fire Marshal, Engineer and Environmental Planner, as applicable,
shall inspect the premises to determine that the use does, in fact,
conform to the performance standards. Should any of the above officials
find that the use does not conform with any of the standards herein,
a thirty-day notice for compliance shall be sent to the user by the
Zoning Officer. Failure to correct the deficiencies set forth in said
notice within the time period ascribed shall constitute prima facie
evidence of noncompliance with this section. Each day of noncompliance
with said notice after the expiration of the time limits set forth
therein shall constitute a distinct and separate violation of this
section.
D.
For the purpose of this section, any change of use
or change of occupancy of the structure shall be dealt with as if
the structure was a new one.
[Amended 2-13-2007 by Ord. No. 2007-07]
In all cases where the Land Use Board shall
deem it advisable to determine whether or not the facility will be
in conformation with the application performance standards or other
provisions of this chapter, the Land Use Board or its designated representatives
shall require adequate testing procedures and shall utilize the expert
assistance at the expense of the applicant.
There may be a zone district which allows two
types of principal uses. This type district is designated on the zone
district map as a split zone, such as R-2/OR. In such a district,
either use is permitted, and the regulations of each shall govern
respectively.
[Added 3-14-2006 by Ord. No. 2006-04]
A.
Purpose. The purpose of this section is to provide
special development criteria for lands with prominent ridgelines,
as unique natural and cultural resources of Independence Township.
These prominent ridgeline areas are subject to protection to assist
and to guide the appropriate use and development of such areas, in
order to:
(1)
Preserve the topographic features and wooded
character of the ridgeline areas in as close to their natural state
as is reasonably possible.
(2)
Preserve the scenic views, both from and of,
these visually dominating ridgelines.
(3)
Retain the natural character of the area by
minimizing the loss of natural vegetation and tree cover.
(4)
Encourage construction practices which minimize
disturbances of the natural topography and discourage grading activities
which cause extensive cuts and fills.
(5)
Prevent the loss of soil and encourage management
practices that minimize the concentration of stormwater runoff and
maximize its recharge into the groundwater reserve of the Township,
consistent with best management practices and the standards for soil
erosion and sediment control in New Jersey.
B.
Impacts of construction on ridgelines. The measures
contained herein are provided for in recognition of the potential
negative impacts of construction within areas where prominent ridgelines
are present that could result in damage to or destruction of these
unique landforms and their scenic and cultural ties to the community.
Applicants for development of property that includes a prominent ridgeline
are required to locate proposed site improvements (roads, structures,
buildings) on portions of the tract that are outside the areas of
prominent ridgeline.
C.
AREA SUBJECT TO RIDGELINE PROTECTION (or RIDGELINE PROTECTION
AREA)
PROMINENT RIDGELINE
Definitions. The following definitions shall apply
for the purposes of this section:
Includes those ridgelines depicted on a map entitled "Independence
Township Ridgelines"[1] which meet the slope and elevation requirements of a prominent
ridgeline. The area subject to ridgeline protection shall extend outward
from the lowest topographic crest within a prominent ridgeline 100
feet in all directions. If the area is not fully enclosed by slopes
of 20% or greater, then the area subject to ridgeline protection line
shall be drawn approximately parallel to the prominent ridgeline but
not less than 100 feet in width as measured from the lowest topographic
elevation line.
A topographic feature consisting of a linear series of topographic
crests that can be connected in a series by drawing an imaginary line
connecting the points of topographic relief within an area having
a slope equal to or greater than 20% at an elevation equal to or greater
than 600 feet above sea level.
[1]
Editor's Note: Said map is included at the end of this chapter.
D.
Applicability. The requirements, guidelines and controls
promulgated under this section shall be applicable to all site plan
and subdivision applications, and building permits for new construction
on previously vacant land, and building permits for construction activity
relating to a residential structure that will result in an increase
in the square foot calculation of the building footprint of 500 square
feet. The Land Use Board shall review all plans submitted under this
section as part of any application for site plan or subdivision approval
that is pending before said board. Every request for an applicable
building permit shall include a topographic feature map which shall
be submitted contemporaneously with the application for the building
permit to the Township Engineer, together with a review fee in the
amount of $250. In such case, no permit for construction shall be
issued until and unless the Township Engineer shall have determined
that there is no area subject to ridgeline protection within the area
to be constructed upon. Appeal from a determination that a prominent
ridgeline is affected by the proposed construction shall be to the
Township Committee, who shall immediately refer the matter for hearing
before the Land Use Board of Independence Township. The Land Use Board
shall hear and decide the appeal within 45 days from the date of referral
from the Township Committee and shall take action to approve the plan,
reject the plan or approve the plan with conditions, which decision
shall be memorialized through a resolution of the Land Use Board.
Appeal from the determination of the Land Use Board shall be in accordance
with the law and court rules relating to appeals from action of a
Planning Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
E.
Relief from requirements. In the event it shall be
determined that a Prominent Ridgeline is present upon the property
which is the subject of a site plan, subdivision or application for
applicable building permit, such application (whether same shall be
for site plan, subdivision or applicable building permit) shall be
referred to the Land Use Board for Ridgeline Site Plan Review. The
Land Use Board may grant relief from the limitations and restrictions
against development or disturbance within the Ridgeline Protection
Area upon satisfaction of the requirements for relief pursuant to
N.J.S.A. 40:55D-70.c.
[Amended 2-13-2007 by Ord. No. 2007-07]
F.
Performance standards for ridgeline protection area.
The following performance standards shall be applicable to proposed
development activities that occur in a ridgeline protection area.
(1)
The applicant shall depict all prominent ridgelines
and ridgeline protection areas as shown on a topographic survey of
the property or as demonstrated through topographic survey that are
on or within 100 feet of the applicant's property.
G.
Prohibitions. There shall be no roads, driveways, buildings or other structures located within the ridgeline protection area, except as provided for in the design standards for ridgeline protection areas, § 255-72.
H.
Compliance. Any property within the Township that contains a ridgeline protection area may be subdivided and developed in accordance with the area, lot, and bulk regulations for the applicable zoning district. If any disturbance is proposed within a ridgeline protection area that construction shall comply with all design standards for ridgeline protection areas, § 255-72.
I.
Fees. There shall be a review fee of $250, in addition
to any other fees, for any application for development or construction
permit for properties subject to review pursuant to this section.
J.
Review period. For review in conjunction with an application
for development, the review time for compliance with this section
coincide with the review time of the development application. For
review in conjunction with a request for a construction permit, the
Township Engineer shall review and recommend approval, conditional
approval, or rejection of the permit application within 20 days of
the date a complete application is submitted.
K.
Precedence. Within the boundaries of a ridgeline protection
area, the regulations concerning these ridgeline protection areas
shall take precedence over any conflicting laws, ordinances and codes.
