[Amended 9-20-2000 by Ord. No. 18-00]
A.
Purposes. The purpose of the Rural Conservation District
is:
(1)
To protect the valuable and environmentally sensitive
areas of the Township of Jefferson from the adverse impacts of development.
(2)
To provide a regulatory mechanism through which appropriate
development can occur, considering the exceptional, unique, irreplaceable
and delicately balanced physical and biologically acting and interacting
natural environment.
(3)
To provide an equitable, understandable development
mechanism that establishes clearly definable goals and advances the
public interest by balancing the aforementioned environmental interests
with the rights of persons owning property in this District, through
the encouragement of development of compatible land uses in order
to improve the overall environment and economic basis of the area.
(4)
To recognize the legitimate aspirations of the property
owners of the District and to encourage development of compatible
land uses in order to improve the overall economic position of the
inhabitants of the area within the framework of a comprehensive environmental
design strategy which preserves the most ecologically sensitive and
fragile area from inappropriate development and provides adequate
environmental safeguards for the construction of any facilities in
the District.
(5)
To provide for the orderly development and effective
preservation of the environment of the Rural Conservation District
in order to ensure that the development is regulated in a manner that
is fair, efficient and effective as to those people owning property
affected by this section.
B.
LINKAGE
MASSING
Definitions. For the purposes of this section, unless
the context indicates a different meaning, the following definitions
shall apply:
An open space principle whereby large open space areas are
connected via appropriate linear open space. Stream corridors and
ridgelines are among areas which may be used to provide linkage.
The concentration of open space in large contiguous tracts
in appropriate areas.
C.
Submission requirements.
(1)
Preliminary design assessment. In addition to those
items required for submission in accordance with the Township of Jefferson's
preliminary major subdivision checklist, all applicants, for major
subdivisions within the Rural Conservation District, must also provide
a preliminary design assessment fulfilling the requirements for the
preliminary design assessment checklist. The assessment shall include
a graphic and narrative site feature inventory; all significant site
features, including all critical areas, vistas, ridgelines, wetlands,
floodplains, slopes, tree lines, stone rows, significant rock outcrops
and tree masses; rare and endangered species habitat; trout maintenance
and trout production streams; and any additional features uniquely
affecting the site.
(2)
Wildlife management plan. In projects involving 100
or more acres, a wildlife management plan shall be submitted. This
plan shall address measures taken to preserve and improve on-site
wildlife habitat. Rare and endangered species habitat protection shall
be addressed, if applicable.
D.
Zoning requirements.
(1)
Principal permitted uses and structures. The following
uses and structures shall be permitted in the Rural Conservation District:
(a)
Detached single-family dwellings.
(b)
Farms containing a minimum of five acres. It
is intended that a single-family residence may be established on the
same lot used for agriculture purposes as set forth in the Township's
Zoning Ordinance. In that event, a one-acre portion of the lot shall
be designated for the proposed residence.
(c)
There shall be no more than one principal structure
on each lot.
(d)
Parks.
(2)
Permitted accessory uses. The following accessory
uses shall be permitted in the Rural Conservation District:
(4)
Bulk requirements and other conditions. The following
requirements are applicable to the Rural Conservation District:
(a)
Density: The maximum permitted density shall
be one unit per five acres.
(b)
Minimum lot size: five acres.
(c)
Minimum lot width: 200 feet.
(d)
Minimum lot depth: 250 feet.
(e)
Front yard setback: 75 feet.
(f)
Side yard setback: 35 feet (each).
(g)
Rear yard setback: 100 feet.
(h)
Maximum building envelope size shall be 40%
or 20,000 square feet, whichever is less.
(i)
Maximum lot improvement disturbance shall be
40,000 square feet plus 10,000 square feet for each additional whole
acre. Lot improvement disturbance shall include all areas disturbed
for the purpose of the construction of buildings and structures as
well as all graded areas and lawns. The total shall include disturbed
areas both inside and outside of the building envelope.
(j)
Maximum total tract disturbance for public improvements,
including streets and stormwater management facilities: 7% of the
gross tract area. All improvements related to disturbance shall be
included in the calculation, including areas of grading and vegetation
removal as well as cartways and basins.
(k)
Minimum setback of building envelope from existing
lakes, ponds or wetlands: 100 feet.
E.
Design standards. The following criteria shall be considered design standards pursuant to Article VI of the New Jersey Municipal Land Use Law. It is recognized that all of these standards may not be achievable on every subdivision. For this reason, each application shall be carefully considered and, where appropriate, waivers shall be granted.
(1)
Locating building envelope. These standards aim to
ensure that the disturbed areas of any parcel are to the maximum extent
possible not visible from municipal roads and situated so as to minimize
the impact of construction on the sensitive environment and to protect
the rural character of the area as set forth in the purpose of this
section. The standards to be adhered to are as follows:
(2)
Clustering. In order to minimize the impact development
shall have within the Rural Conservation District, clustering is strongly
encouraged. The standards contained in this section shall be strictly
adhered to, unless extraordinary circumstances exist. These standards
shall constitute conditions of a conditional use as set forth in the
New Jersey Municipal Land Use Law.
(a)
Clustering shall be permitted upon the submission
of an acceptable open space management plan.
(b)
The minimum tract area for the use of the cluster
option shall be 25 acres.
(c)
Minimum lot size shall be one acre.
(d)
The minimum common open space shall be 10 contiguous
acres. Open space and conservation easement areas shall be designed
with massing and linkages as guiding principles.
(e)
Each area of common open space shall have at
least two fifteen-foot-wide pedestrian access points accessible from
a public roadway.
(f)
If an open space management plan, acceptable
to the Land Use Board, is not possible, then the building lots shall
be increased in size to include the entire tract area and conservation
easements will be used to restrict the area identified as open space
on the cluster plan.
[Amended 12-18-2019 by Ord. No. 19-28]
(g)
The option as to whether a particular tract
is suitable for development utilizing the cluster option shall rest
with the approving agency. Any application proposing to utilize the
cluster option shall first present to the approving agency a concept
plan showing the alternative conventional development to assist in
determining the suitability of the tract for the cluster development
proposed. The approving agency shall make a specific finding and conclusion
as to the suitability for the tract to be developed with the cluster
option and shall adopt the finding by resolution prior to hearing
testimony or acting on the subdivision. In reaching its decision,
the approving agency shall take into account the environmental constraints
of the proposed site, the size, shape and proposed use of any and
all open space parcels created, the alternative conventional development
plan and the effect of the proposed development on the Master Plan
of the Township of Jefferson.
[Amended 2-21-2001 by Ord. No. 6-01]
(h)
The maximum allowable overall density for any
tract that receives cluster development approval shall not exceed
the density that the developer would have obtained using a conventional
development plan consistent with the zoning of the particular property
and taking into consideration any effects on development as a result
of all environmental constraints, the development standard ordinances
of the Township of Jefferson and the New Jersey State Uniform Site
Improvements Act.[1]
[Added 2-21-2001 by Ord. No. 6-01]
[1]
Editor's Note: See N.J.S.A. 40:55D-40.1 et
seq.
(i)
All cluster developments shall provide a natural
landscaped or combination natural and landscaped buffer, as deemed
appropriate by the approving agency, between the proposed cluster
development and any existing noncluster development at a minimum rear
yard setback for a conventional noncluster development for the zone
of the adjacent property being buffered.
[Added 2-21-2001 by Ord. No. 6-01]
(j)
Open space areas created shall be made available
to the Township for public dedication. The approving agency shall
consider the suitability and adaptability of the land for the purpose
or purposes proposed, including physical characteristics, geographical
location, accessibility, relationship to the Master Plan, expenditures
required to improve said land or otherwise make it suitable for the
use proposed and all other factors which would normally be considered
if such lands were being considered for purchase instead of acceptance
for cluster development credit, and shall report its findings to the
Township Council.
[Added 2-21-2001 by Ord. No. 6-01]
(k)
A report shall be sought from the Environmental
Commission, Recreation Advisory Board, Board of Education and Division
of Health and may be sought from any other advisory group which may
have particular expertise relevant to consideration of the proposed
site.
[Added 2-21-2001 by Ord. No. 6-01]
(l)
The Township Council shall make the final determination
as to whether lands proposed for public open space are suitable for
dedication. The Township Council shall provide the Land Use Board
with a report of its determination as to the suitability of the open
space for dedication.
[Added 2-21-2001 by Ord. No. 6-01; 12-18-2019 by Ord. No.
19-28]
(m)
In the event that the Township Council deems that the proposed open space is necessarily not suitable for dedication to the municipality, the same shall be deeded to a homeowners' association which association shall meet all of the requirements of § 490-22D entitled "Homeowners' association provision."
[Added 2-21-2001 by Ord. No. 6-01]
(3)
Conservation easement/deed restriction. Applications
before the Board shall be required to provide appropriate conservation
easements and deed restrictions when sensitive environmental areas
are encountered.
(a)
Conservation easements shall be required for
all wetland areas and required transitional areas.
(b)
Critical areas located outside of the building
envelope shall contain conservation easements. These critical areas
shall include slopes in excess of 30%, floodplains and open water
bodies.
(c)
All subdivision plats shall contain a reference
to any required conservation easement.
(d)
The maximum tract density shall not exceed one
unit per five acres.
(4)
Driveways. It is the intent of this subsection to
use private drives for access to the residential lot providing. In
addition to the requirements of the Township's driveway ordinance,[2] the following standards shall be satisfied:
(a)
The number of driveways accessing off-site public
streets shall be kept to a minimum.
(b)
The appropriate use of common driveways is encouraged.
Where lots will access an off-site public street, common driveways
shall be used where appropriate to minimize the number of curb cuts
required.
(c)
The maximum number of units served by a common
driveway shall be four.
(d)
Maximum length of common driveway: 1,000 feet.
(5)
Landscaping and lawns. The goal of this subsection
is to limit the disturbance and impact associated with establishment
of extensive residential lawns.
(a)
Existing vegetation shall be preserved in the
areas where the disturbance is not necessarily outside the building
envelope.
(b)
The creation of lawn area in excess of 20,000
square feet is prohibited. Lawn area shall be included in the total
lot disturbance calculation. In instances where a lot includes open
field areas, these areas may be seeded without being included in the
20,000 square feet for lawn areas or the total site disturbance calculation.
(c)
Where landscaping is proposed, native species
shall be included in the design.
(d)
Where building envelopes are located in woodlands,
a treed area of at least 30 feet between the building envelope and
the common drive or roadway shall be retained.
(6)
Fencing. In order to maintain natural, undisturbed
appearances, fencing is discouraged. Where fencing is needed, the
following standards shall be met:
(a)
Perimeter fencing of lots is prohibited.
(b)
Fencing may be constructed on the perimeter
of or within the building envelope area of lots.
(c)
The fencing restrictions shall not apply to
agricultural uses as defined in the Zoning Ordinance.
(d)
Critical areas located outside of the building
envelopes shall not be fenced.
(7)
Accessory structures and buildings.
(a)
Accessory structures and buildings shall be
located within the building envelope areas except as otherwise permitted
in this section.
(b)
Driveways, septic areas and wells may be located
outside the building envelope.
(c)
Existing structures.
[1]
Where a tract contains existing structures deemed
to be of historic or architectural significance and where these structures
are suitable for rehabilitation, the structures shall be retained.
(d)
Exemption. The aforementioned standards shall
apply to all new minor and major subdivisions within the Rural Conservation
District. Nothing herein shall be construed so as to restrict lots
legally in existence prior to the date of adoption of this section.
These existing lots may be developed with single-family uses in accordance
with the provisions of the R-40 Ordinance.[3]
A.
This zone serves as a transition between the C Conservation
Zone and the existing developed centers of the Township and therefore
are anticipated to be developed in the near future.
[Amended 9-1-2004 by Ord. No. 28-04]
B.
Permitted principal uses. Permitted principal uses
are as follows:
(1)
Single-family detached dwellings.
(2)
Churches or other places of worship, Sunday schools
or parish houses.
(3)
Public parks, playgrounds or other public facilities.
(4)
Public and private fire and rescue squad stations.
(6)
Community residences for the developmentally disabled,
community shelters for victims of domestic violence and community
residences for persons with head injuries.
[Amended 8-11-2004 by Ord. No. 27-04]
C.
Permitted accessory uses. Permitted accessory uses
shall be as follows:
(1)
Garages, storage sheds, tennis courts and swimming
pools for single-family homes and uses customarily associated with
the above uses, provided that such accessory uses are subordinate
to the principal use, do not change the character of the principal
use and serve only the principal use. Habitable rooms shall not be
permitted as a part of any accessory use, building or structure.
(2)
Home professional offices and home occupations which
require no more demand for parking than one vehicle at a time, in
addition to the vehicles for the permitted principal uses, and said
parking shall be provided on-site and off-street and deliveries shall
be limited to trucks no larger than a single-unit thirty-foot truck
delivering only between the hours of 9:00 a.m. and 3:00 p.m. weekdays
with off-street loading.
D.
Conditional uses (subject to § 490-35). Conditional uses shall be as follows:
(1)
Public utility buildings, structures or facilities.
(2)
General medical or surgical hospitals.
(3)
Community clubs, buildings or centers.
(4)
Farming, as defined herein.
(6)
Home professional offices and home occupations which
require more demand for parking than one vehicle at a time, in addition
to the vehicles for the permitted principal uses, and said parking
shall be provided on-site and off-street and/or deliveries require
trucks larger than a single-unit thirty-foot truck delivering between
or outside the hours of 9:00 a.m. and 3:00 p.m. weekdays with or without
off-street loading.
E.
Development standards.
(1)
The maximum permitted density of development shall be one unit per one acre. Cluster development will be permitted and is encouraged, provided that the maximum permitted density of development shall be one unit per one acre and it is developed in accordance with the requirements of § 490-22.
(2)
The maximum infrastructure disturbance for major subdivision
developments shall be 10% of the entire tract area under consideration.
(3)
The maximum lot improvement disturbance shall be 50%
of the lot area under consideration or 20,000 square feet, whichever
is less.
(4)
Area, yard and bulk requirements (minimum required
unless otherwise noted).
|
Description of Area
|
Conventional
|
Cluster1
| ||
|---|---|---|---|---|
|
Lot area
|
40,000 square feet
|
25,000 square feet
| ||
|
Lot width (feet)
|
100
|
75
| ||
|
Setback, principal building
| ||||
|
Front yard (feet)
|
50
|
50
| ||
|
Side yard, each (feet)
|
25
|
10 for one, 20 total
| ||
|
Rear yard (feet)
|
75
|
35
| ||
|
Building height, maximum
| ||||
|
Stories
|
2.5
|
2.5
| ||
|
Feet
|
35
|
35
| ||
|
Building coverage, maximum
| ||||
|
Percent
|
15%
|
20%
| ||
|
Square feet
|
10,000
|
10,000
| ||
|
Lot coverage, maximum
| ||||
|
Percent
|
25%
|
30%
| ||
|
Square feet
|
20,000
|
20,000
| ||
|
NOTE:
| |
|
1 With community
water and sewer.
|
[1]
Editor's Note: Former § 137-9.1,
RR Rural Residential Single-Family Residence Zone, which previously
preceded this section, was repealed 9-20-2000 by Ord. No. 18-00.
A.
Purpose. This zone is designed to encompass the major
developed areas of the Township located within existing developed
centers, and allows for residential development at similar densities.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Single-family detached dwellings.
(2)
Churches or other places of worship, Sunday schools
or parish houses.
(3)
Public parks and playgrounds.
(4)
Public and private fire and rescue squad stations.
(5)
Museums and libraries.
(6)
Community residences for the developmentally disabled,
community shelters for victims of domestic violence and community
residences for persons with head injuries.
[Amended 8-11-2004 by Ord. No. 27-04]
C.
Permitted accessory uses. Permitted accessory uses
shall be as follows:
(1)
Same as the R-40 Zone.
D.
Conditional uses (subject to § 490-35). Conditional uses shall be as follows:
(1)
Public utility buildings, structures or facilities.
(2)
Community clubs, buildings or centers.
(4)
Home professional offices and home occupations which
require more demand for parking than one vehicle at a time, in addition
to the vehicles for the permitted principal uses, and said parking
shall be provided on-site and off-street and/or deliveries require
trucks larger than a single-unit thirty-foot truck delivering between
or outside the hours of 9:00 a.m. and 3:00 p.m. weekdays with or without
off-street loading.
E.
Development standards.
(1)
The maximum permitted density of development shall be one unit per 30,000 square feet. Cluster development will be permitted and is encouraged, provided that the maximum permitted density of development shall be one unit per 30,000 square feet and it is developed in accordance with the requirements of § 490-22.
(2)
The maximum infrastructure disturbance for major subdivision
developments shall be 10% of the entire tract area under consideration.
(3)
The maximum lot improvement disturbance shall be 50%
of the lot area under consideration or 20,000 square feet, whichever
is less.
(4)
Area, yard and bulk requirements (minimum required
unless otherwise noted).
|
Description of Area
|
Conventional
|
Cluster1
| ||
|---|---|---|---|---|
|
Lot area
|
30,000 square feet
|
20,000 square feet
| ||
|
Lot width (feet)
|
100
|
75
| ||
|
Setback, principal building
| ||||
|
Front yard (feet)
|
50
|
50
| ||
|
Side yard, each (feet)
|
10 for one, 30 total
|
10 for one, 20 total
| ||
|
Rear yard (feet)
|
35
|
35
| ||
|
Building height, maximum
| ||||
|
Stories
|
2.5
|
2.5
| ||
|
Feet
|
35
|
35
| ||
|
Building coverage, maximum
| ||||
|
Percent
|
20%
|
25%
| ||
|
Square feet
|
10,000
|
10,000
| ||
|
Lot coverage, maximum
| ||||
|
Percent
|
30%
|
30%
| ||
|
Square feet
|
20,000
|
20,000
| ||
|
NOTE:
| |
|
1 With community
water and sewer.
|
A.
Purpose. This zone is designed to allow for multifamily
residences in appropriate locations within the Township with proximity
to major roads. This zone provides for additional housing-type alternatives
to meet the needs of all segments of the community.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Multifamily residences.
(2)
Townhouse residences.
(3)
Churches and other places of worship, Sunday schools
or parish houses.
(4)
Public parks, playgrounds or other public buildings
or facilities.
(5)
Public and private fire and rescue squad stations.
(6)
Community residences for the developmentally disabled,
community shelters for victims of domestic violence and community
residences for persons with head injuries.
[Amended 8-11-2004 by Ord. No. 27-04]
C.
E.
Multifamily residence development standards. The standards
for multifamily residence development shall be as follows:
(1)
Maximum buildings coverage: 20%.
(2)
Maximum allowable gross density: 10 units per acre.
(3)
Maximum impervious area coverage: 40%.
(5)
Maximum number of units per building: 16.
(6)
No dwelling unit shall be allowed in the basement
or above the second story of any building.
(7)
A minimum of 500 cubic feet of storage area shall
be provided for each dwelling unit.
(8)
A master television antenna or cable hookup shall
be provided for each building. No individual outside antenna shall
be permitted.
(9)
Clothes-washing and -drying facilities located in
each building shall be provided for the sole use of the tenants of
that building.
(10)
A minimum of two parking spaces per unit shall
be provided.
(11)
No parking area or access drive shall be located
within 25 feet of a building or the exterior property line of the
development site.
(12)
Landscaping shall be provided to adequately
screen the development from surrounding residential uses and to provide
foundation plantings for the buildings, adequate shade for parking
areas and walkways and plantings for recreation areas.
F.
Townhouse residence development standards. The standards
for townhouse residence development shall be as follows:
(1)
Maximum allowable gross density: four units per acre.
(2)
Projects containing both multifamily residences and
townhouse residences shall meet the lower-density requirements for
the overall tract.
(3)
Maximum building coverage: 25%.
(4)
Maximum impervious area coverage: 40%.
(6)
Minimum distance from building to private drive for
parking area: 20 feet, except a private driveway leading only to an
individual garage shall have no minimum distance.
(7)
Maximum building height: 35 feet.
(8)
A minimum of two parking spaces per unit shall be
provided.
(9)
Minimum unit width: 18 feet.
(10)
Landscaping shall be provided to adequately
screen the development from surrounding residential uses and to provide
foundation plantings for the buildings, adequate shade for parking
areas and walkways and plantings for recreation areas.
G.
Area, yard and bulk requirements (minimum required
unless otherwise noted) shall be as follows:
H.
Utilities. Any development in this zone shall be served
by a municipal sewer and/or water service where available or, in the
alternative, an on-site community sanitary sewerage system and on-site
water system installed by the developer for which the developer has
received all necessary permits and approvals from all state and local
government agencies exercising control.
I.
Conditional uses: none.
J.
Maximum permitted density. The maximum permitted density
of development shall be four units per one acre.
A.
Purpose. This zone is designed to provide for areas
throughout the Township conveniently located adjacent to existing
and proposed developed areas to provide businesses which meet the
day-to-day needs of the residents.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Retail stores.
(2)
Banks or savings institutions.
(3)
Personal service stores or studios.
(4)
Restaurants, fast-food restaurants or taverns.
(5)
Theaters or motion-picture theaters, other than an
outdoor drive-in theater.
(6)
Professional offices.
(7)
Marinas.
(8)
Public and private fire and rescue squad stations.
D.
Conditional uses (subject to § 490-35). Conditional uses shall be as follows:
(1)
Motor vehicle service stations or motor vehicle repair
garages.
(2)
Public utility buildings, structures or facilities.
(3)
Membership clubs.
(4)
Funeral homes.
(5)
Building materials and storage yards.
(6)
Cannabis
retail business and cannabis delivery service.
[Added 12-13-2023 by Ord. No. 23-21]
E.
F.
Screening. Where a business abuts a residential use,
a screen planting shall be installed to prevent headlight glare onto
the adjacent property. The size, type and extent of the screening
shall be subject to approval by the approving agency.
A.
Purpose. This zone is designed to provide for large-scale
commercial uses generally located along major roadways to provide
convenient access for the community.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
All uses permitted in the C-1 Zone.
(2)
Shopping center development.
(3)
Telephone exchange buildings.
(4)
Business or vocational schools.
(5)
Automobile sales lots with an accessory motor vehicle
repair garage.
(6)
Hotels and motels.
(7)
Wholesale establishments.
(8)
Printing plants and newspaper plants.
(9)
Nightclubs.
E.
F.
Other requirements.
(1)
Where a proposed use abuts a residential zone boundary
line, a planted buffer area 75 feet in width with sufficient heights
to provide an efficient screen will be required.
(2)
Where a proposed use abuts an existing nonconforming
residential use, a planted buffer area 25 feet in width with sufficient
heights to provide an efficient screen will be required.
A.
Purpose. This zone is designed to encourage the development
of nonretail and low-traffic-generating employment centers. It also
serves as a transitional zone between existing and proposed business
and commercial development and surrounding residential land uses.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Office buildings for professional, executive, engineering
or administrative purposes.
(2)
Scientific, engineering or research laboratories devoted
to research, design or experimentation and processing and fabricating
incidental thereto, provided that no materials or finished products
shall be manufactured, processed or fabricated on said premises for
sale, except such as are incidental to said laboratory research, design
or experimentation conducted on said premises. No scientific, engineering
or research laboratory which requires that animals be kept or maintained
for experimental work shall be permitted.
(3)
Banks and savings institutions.
(4)
Hospitals, medical centers and veterinary hospitals.
(5)
Real estate offices.
(6)
Restaurants.
(7)
Similar nonretail business uses which are minor traffic
generators.
(8)
Public and private fire and rescue squad stations.
A.
Purpose. This zone is established in locations which
offer the best physical advantages to industrial park development
in the Township, particularly access to major arteries and rail transportation.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
C.
Permitted accessory uses. Permitted accessory uses
shall be as follows:
(1)
Customary accessory uses and structures clearly subordinate
to the principal use.
(2)
Open-air storage of materials, subject to the following
conditions:
(a)
Such uses shall not abut an existing residential
development or residential zone.
(b)
No flammable or explosive liquids, solids or
gases shall be stored above ground.
(c)
All outdoor storage facilities shall be enclosed
by a fence, wall or screen planting adequate to conceal such facility
and the contents thereof from adjacent property and shall meet all
setback requirements.
(3)
Off-street parking and loading areas.
A.
Purpose. This zone is established to provide and promote
suitable corporate development opportunities, promote improved land
use which is compatible with residential areas and existing and proposed
transportation facilities and to protect one of the Township's more
valuable land masses by ensuring its proper development. Various types
of industrial, office and research and development uses are to be
developed utilizing a general development plan in accordance with
N.J.S.A. 40:55D-45. Each park in the district shall be a planned or
organized district with a comprehensive plan designed to ensure the
compatibility between the permitted uses, the sites' environmental
constraints and the surrounding community and contain supporting commercial,
transportation and/or recreational uses. It is the intention of this
zone that access be limited to one main interchange with the Route
15 corridor in order to promote the safe and efficient movement of
traffic.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Corporate office developments.
(2)
Corporate conference centers.
(3)
Offices and office buildings.
(4)
Medical centers.
(5)
Hotels/motels.
(6)
Transportation centers.
(8)
Business park convenience centers in conjunction with
a planned development which is located and accessed in such a fashion
as to service the business park users and not the public in general.
Convenience center uses include convenience stores, banks and fiduciary
institutions, personal service establishments such as dry-cleaning
and laundry collection shops, hairstyling shops, tailoring and dressmaking
shops, shoe repair shops, florist shops, gift shops, pharmacies and
athletic, health and fitness facilities.
(9)
Day-care centers.
(10)
Golf courses.
(11)
Public and private fire and rescue squad stations.
C.
Permitted accessory uses. Permitted accessory uses
shall be as follows:
(1)
Customary accessory uses and structures clearly subordinate
to the principal use.
(2)
Off-street parking and loading areas.
(3)
Heliports.
(4)
Theaters, gymnasiums, tennis and pool facilities and
restaurants which are integrated as part of a permitted use but which
are not contained in a freestanding building or on a separate lot.
D.
Other requirements.
(1)
No development plan will be acted upon by an approving
authority that is not part of a general development plan that has
been submitted and approved in accordance with N.J.S.A. 40:55D-45.
(2)
All proposed developments in this zone shall be served
by a community water and sewerage system.
(3)
All proposed corporate office development uses, corporate
conference center uses and office uses shall submit a transportation
plan to the reviewing agency setting forth a detailed plan and schedule
to implement trip-reduction and off-peak travel strategies proposed
by the company in order to minimize the impact on the Route 15 corridor.
(4)
Architecture shall be of a quality that is consistent
with the corporate office concept of the zone, and the use of complementary
building materials, textures, colors and shapes shall be considered
as part of the development review process.
E.
Development standards. The development standards shall
be as follows:
(1)
The maximum lot improvement disturbance shall be 65%
of the lot area under consideration.
(2)
Area, yard and bulk requirements (minimum required
unless otherwise noted).
(a)
Lot area: 100 acres.
(b)
Lot width: 400 feet.
(d)
Building height, maximum: 60 feet, except that
no building shall exceed 20 feet unless set back from all property
lines a distance equal to five times the building height.
(e)
Building coverage, maximum: 20%.
(f)
Lot coverage, maximum: 50%.
(g)
Buffer to residential zone or use: 100 feet.
A.
Purpose. This zone is established to allow present
quarrying to continue as a permitted use rather than as a nonconforming
use. This zone recognizes the unique operation within the Township
due to the presence of a natural resource suitable for mining, but
at the same time recognizes the unique necessity for public regulations
brought about by the existence and excavation of these natural resources.
These district regulations are intended to provide for the continued
excavation of natural resources and their processing in those areas
which are currently being actively mined and used for processing.
The provisions of these districts are also intended to require the
site to be used in a manner that is reasonable to the operator(s)
and at the same time require the site to be safe, healthful, as aesthetic
as possible and be usable subsequent to the completion of the excavating
process. The limits of the zone are intended to be oriented to the
specific conditions of excavating, such as eliminating erosion, avoiding
drainage problems, leaving the site useful, reducing dangers associated
with steep operating faces and recognizing these industrial uses in
the environs of a rural but growing residential community. Subsequent
to the completion of the quarrying operation, in whole or in part,
the zone may be developed with the permitted overlay uses listed,
but only after the required reclamation of the site in question has
been satisfied.
B.
D.
Other requirements shall be as follows:
(1)
All quarrying operations shall be subject to the requirements
of Chapter 83, Quarrying, of the Code of the Township of Jefferson.[1]
(2)
Where a proposed use abuts a residential zone boundary
line, a planted buffer of 75 feet in width with sufficient height
to provide an efficient screen will be required.
E.
Development standards. The development standards shall
be as follows:
(1)
Area, yard and bulk requirements (minimum required
unless otherwise noted).
(a)
Lot area: 100 acres.
(b)
Lot width: 400 feet.
(d)
Building height, maximum: 60 feet, except that
no building shall exceed 20 feet unless set back from all property
lines a distance equal to five times the building height.
(e)
Building coverage, maximum: 5% or 50,000 square
feet.
(f)
Lot coverage, maximum: 15%.
(2)
No accessory use or structure shall be located within
75 feet of any residential zone.
A.
Purpose. This zone is established to recognize the
existence of an existing golf course facility which has been in existence
for a number of years, as a viable commercial venture. This tract
provides the Township with an important recreational activity, while
at the same time contributing to the retention of wildlife habitat,
forest preservation and water retention.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
D.
Other requirements.
(1)
Where a proposed use abuts a residential zone boundary
line, a planted buffer of 75 feet in width with sufficient height
to provide an efficient screen will be required
E.
Development standards. The development standards shall
be as follows:
(1)
(2)
No accessory use or structure shall be located within
75 feet of any residential zone.
A.
Purpose. This zone is established in accordance with
the Final Stipulation and Consent Order filed December 4, 1995, Superior
Court of New Jersey, Law Division, Morris County, Docket No. MRS-L-753-90
PW.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Single-family detached dwellings.
(2)
Churches or other places of worship, Sunday schools
or parish houses.
(3)
Public parks and playgrounds.
(4)
Public and private fire and rescue squad stations.
(5)
Museums and libraries.
(6)
Community residences for the developmentally disabled,
community shelters for victims of domestic violence and community
residences for persons with head injuries.
[Amended 8-11-2004 by Ord. No. 27-04]
C.
Permitted accessory uses. Permitted accessory uses
shall be as follows:
(1)
Same as the R-40 Zone.
D.
Conditional uses (subject to § 490-35). Conditional uses shall be as follows:
(1)
Public utility buildings, structures or facilities.
(2)
Community clubs, buildings or centers.
(4)
Home professional offices and home occupations which
require more demand for parking than one vehicle at a time, in addition
to the vehicles for the permitted principal uses, and said parking
shall be provided on-site and off-street and/or deliveries require
trucks larger than a single-unit thirty-foot truck delivering between
or outside the hours of 9:00 a.m. and 3:00 p.m. weekdays with or without
off-street loading.
E.
Development standards. The development standards for
this district shall be in accordance with those standards provided
in the Final Stipulation and Consent Order entered by the United States
District Court and the New Jersey Superior Court Law Division in 1995.
A.
Purpose. This zone is established in accordance with
the agreement among the Bi-County of Jefferson and the Township of
Jefferson dated September 29, 1995, and to satisfy the Township's
Mt. Laurel obligation to provide 131 low and- moderate-income housing
units comprised of 32 senior citizen units and 37 new construction
units, to be designated low- and moderate-income housing in satisfaction
of the Township's regional need allocation, and 62 rehabilitation
units to be rehabilitated pursuant to N.J.A.C. 5:93-5.2 in satisfaction
of the Township's indigenous need allocation. Development of this
zone shall be in accordance with a general development plan (GDP).
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Single-family detached dwellings.
(2)
Zero lot line one- or two-family dwelling units or
patio homes.
(3)
Townhouse residences.
(4)
Low-rise multifamily (condominium or garden apartment)
dwelling units, including but not limited to senior citizen housing
which shall be in buildings set aside exclusively for senior citizens.
(5)
Churches and other places of worship, Sunday schools
or parish houses.
(6)
Public parks, playgrounds or other public buildings
or facilities.
(7)
Public and private fire and rescue squad stations.
(8)
Community residences for the developmentally disabled,
community shelters for victims of domestic violence and community
residences for persons with head injuries.
[Amended 8-11-2004 by Ord. No. 27-04]
C.
D.
Conditional uses (subject to § 490-35). Conditional uses shall be as follows:
(1)
Public utility buildings, structures and facilities.
(2)
Community clubs, buildings or centers.
(4)
Home professional offices and home occupations which
require more demand for parking than one vehicle at a time, in addition
to the vehicles for the permitted principal uses, and said parking
shall be provided on-site and off-street and/or deliveries require
trucks larger than a single-unit thirty-foot truck delivering between
or outside the hours of 9:00 a.m. and 3:00 p.m. weekdays with or without
off-street loading.
E.
Development standards. The development standards for
this district shall be in accordance with those standards provided
in the agreement among the Bi-County of Jefferson and the Township
of Jefferson dated September 29, 1995.
A.
Purpose. The purpose of this section is to provide
standards pursuant to N.J.S.A. 40:55D-1 et seq. which encourage and
promote flexibility, variety and environmental soundness in the layout
and design of residential development throughout the RC, R-40 and
R-30 Zones. Only those types of residential uses and structures specifically
permitted in the zone for the proposed development shall be permitted
for use with the cluster option.
[Amended 9-1-2004 by Ord. No. 28-04]
B.
Development standards.
(1)
The minimum tract size where a cluster development
option may be considered shall be 30 acres. The Land Use Board may
permit cluster development on a tract smaller than 30 acres if there
is a particular public purpose to be served or environmental advantage
to be gained as identified in the Master Plan and/or Natural Resource
Inventory.
[Amended 12-18-2019 by Ord. No. 19-28]
(2)
The option as to whether a particular tract is suitable
for development utilizing the cluster option shall rest with the approving
agency. Any application proposing to utilize the cluster option shall
first present to the approving agency a concept plan showing the alternative
conventional development to assist in determining the suitability
of the tract for the cluster development proposed. The approving agency
shall make a specific finding and conclusion as to the suitability
for the tract to be developed with the cluster option and shall adopt
the finding by resolution prior to hearing testimony or acting on
the subdivision. In reaching its decision, the approving agency shall
take into account the environmental constraints, including critical
areas, of the proposed site, the size, shape and proposed use of any
and all open space parcels created, the alternative conventional development
plan and the effect of the proposed development on the Master Plan
of the Township of Jefferson.
[Amended 9-1-2004 by Ord.
No. 28-04]
(3)
The maximum allowable overall density for any tract
that receives cluster development approval shall not exceed the density
that the developer would have obtained using a conventional development
plan consistent with the zoning of the particular property and taking
into consideration any effects on development as a result of all environmental
constraints, including critical areas, the development standards ordinances
of the Township of Jefferson and the New Jersey State Uniform Site
Improvements Act.
[Amended 11-11-1998 by Ord. No. 33-98; 9-1-2004 by Ord. No. 28-04]
(4)
All cluster developments shall provide a natural,
landscaped or combination natural and landscaped buffer, as deemed
appropriate by the approving agency, between the proposed cluster
development and any existing noncluster development at a minimum width
equivalent to twice the required minimum rear yard setback for a conventional,
noncluster development for the zone of the adjacent property being
buffered.
C.
Open space provisions.
(1)
All open space areas created shall be a minimum of
five acres in size, unless it is proposed to attach an open space
parcel to an existing parcel of open space, in which case the minimum
size shall be determined by the approving agency. Open space areas
shall be developed for active recreation when and where deemed appropriate
by the approving agency, with advise from the Recreation Advisory
Board and the Township Planner.
(2)
Open space areas created shall be made available to
the Township for public dedication. The approving agency shall consider
the suitability and adaptability of the land for the purpose or purposes
proposed, including physical characteristics, geographical location,
accessibility, relationship to the Master Plan, expenditures required
to improve said land or otherwise make it suitable for the use proposed
and all other factors which would normally be considered if such lands
were being considered for purchase instead of acceptance for cluster
development credit and shall report its findings to the Township Council.
(3)
A report shall be sought from the Environmental Commission,
Recreation Advisory Board, Board of Education and Division of Health
and may be sought from any other advisory group which may have particular
expertise relevant to consideration of the proposed site.
(4)
The Township Council shall make the final determination
as to whether lands proposed for public open space are suitable for
dedication. The Township Council shall provide the Land Use Board
with a report of its determination as to the suitability of the open
space for dedication.
[Amended 12-18-2019 by Ord. No. 19-28]
D.
Homeowners' association provision.
(1)
All open space areas created which are not deemed
necessary or suitable for dedication to the municipality shall be
deeded to a homeowners' association for the benefit of the development,
comprised of each of the owners of the individual lots created.
(2)
Membership in the association shall be mandatory for
all lot owners, and the final map creating the open space parcels
shall contain a notation that all such open space parcels created
are dedicated to open space use in perpetuity, and future resubdivision
or other use of the parcels created is specifically prohibited.
(3)
The Articles of Incorporation creating a homeowners'
association, the bylaws and the Declaration of Covenants, Conditions
and Restrictions shall be submitted to the Township Attorney for his
review and determination of adequacy as to form. The documents listed
above shall contain at least the following minimum provisions:
(a)
Mandatory membership of all lot owners.
(b)
A monthly maintenance fee adequate to provide
for taxes, maintenance and the operation of any and all common facilities.
(c)
The right of the Township to perform any necessary
maintenance, etc., and to assess the costs as a tax lien against each
individual homeowner should the association fail to meet its responsibilities.
(d)
The association shall not be dissolved, nor
shall it dispose of any open space by sale or otherwise.
(e)
The developer shall be responsible for the taxes
and maintenance of any open space or common facilities until such
time as a homeowners' association has been formed and is functioning.
E.
Approval procedure.
(1)
Any applicant wishing to utilize the cluster development
option shall submit a sketch plat showing the proposed cluster lot
arrangement and a concept plan showing the alternative conventional
development to demonstrate the number of lots obtainable with the
conventional design taking into consideration all environmental constraints,
including critical areas, all development standards applicable to
the property as contained in the ordinances of the Township of Jefferson
and the New Jersey State Uniform Site Improvements.
[Amended 11-11-1998 by Ord. No. 33-98[1]]
(2)
The applicant shall also submit a summary environmental
impact statement in sufficient detail for the approving agency to
make an informed judgment as to the merits of the cluster proposal,
the proposed disposition of the open space lands created and the environmental
advantages of the proposed development plan.
(3)
The approving agency shall make a determination as
to the appropriateness of the site for cluster development based on
the data submitted and the advice of any appropriate municipal agencies.
If there is a favorable finding by the approving agency, the open
space proposal shall be sent to the Township Council for a determination
on the acceptability of any lands for public ownership.
[Added 12-18-1996 by Ord. No. 18-96]
A.
The purpose of this section is to establish those
land use provisions necessary to satisfy the low- and moderate-income
housing obligation of Jefferson Township and to effectuate the settlement
approved by the Court in the Bi-County of Jefferson v. Township of
Jefferson Mount Laurel litigation (Superior Court, Law Division, Docket
No. W-032628-88), authorizing the construction of up to 567 market
housing units and 69 low- and moderate-income housing units within
the zone. This chapter creates the Affordable Housing Zone (hereinafter
"AH Zone"), the substantive terms of which are governed by Appendix
B to the court-approved settlement. The section permits the developer
in the AH Zone to obtain expedited approvals pursuant to the standards
of the settlement for either a general development plan or a site
plan and/or subdivision application for market units and low- and
moderate-income units.
B.
Standards for a general development plan application
in the AH Zone.
(1)
General development plan application procedure. Application
for approval of a planned development within the Affordable Housing
District may, in accordance with N.J.S.A. 40:55D-45.3, be made at
the option of the applicant in accordance with the regulations and
procedures described in this section, pertaining to general development
plan in cases where the application involves more than 100 acres.
(2)
Procedure for approval of the general development
plan.
(a)
Land Use Board Review. The Land Use Board shall
review an application for general development approval of a planned
development within the AH Zone in the following manner:
[Amended 12-18-2019 by Ord. No. 19-28]
[1]
Notice. Public notice of a hearing of an application
for planned development shall be given as required by statute in accordance
with N.J.S.A. 40:55D-12.
[2]
Time for action. Upon submission to the Administrative
Officer of a complete general development plan application for planned
development, the Land Use Board shall grant or deny general development
plan approval within 95 days of the date of submission of a complete
application or within such further time as may be consented to by
the applicant pursuant to N.J.S.A. 40:55D-45 et seq. Failure of the
Board to act within the prescribed time shall constitute general development
plan approval.
[3]
Preliminary and final approval shall be required
for each development section pursuant to the terms of this section.
(b)
Required submissions — complete
application. An application for approval of the general development
plan shall be deemed complete, pursuant to the provisions of N.J.S.A.
40:55D-10.3, upon submission by the applicant of the following:
[1]
A complete application in a form established
by the Land Use Board, containing the following information:
[Amended 12-18-2019 by Ord. No. 19-28]
[a]
The name of the developer.
[b]
A signed statement of the developer
affirming compliance with the minimum acreage criteria for a general
development plan contained in this section.
[c]
Proof that the property taxes pertaining
to the subject property have been paid to date.
[d]
A corporate or partnership disclosure
statement, where applicable, in accordance with the provisions of
N.J.S.A. 40:55D-48.1 and 40:55D-48.2.
[2]
An overall development plan consisting of the
following:
[a]
A land use plan, at a scale of
one inch to 100 feet, indicating the tract area and general locations
of the land uses to be included in the planned development. The total
number of dwelling units to be provided and proposed land area to
be devoted to residential use shall be set forth and shown on the
plan. The density and intensity of use of the entire planned development
shall be set forth and a residential density shall be provided in
accordance with the terms of the settlement agreement. The plan shall
indicate areas where various types of housing, e.g., single-family
detached, townhouse and condominium units, are intended.
[b]
A circulation plan, indicating
the general location and types of transportation facilities, including
facilities for pedestrian access within the planned development and
any proposed improvements to the existing transportation system outside
the planned development, as provided in the settlement agreement.
[c]
A stormwater management plan, indicating
the proposed method of controlling and managing stormwater on site.
[d]
An open space plan, indicating
the approximate major land areas to become open space, the approximate
area of the open space lands, a description of the intended improvements
within said area and the allocation of responsibility for maintenance
of the open space.
[e]
A development plan, setting forth
the, permitted number of dwelling units, the residential density for
the general development plan, according to a schedule which sets forth
the sequencing of any sections of the development.
[f]
A utility plan, indicating the
need for and showing the proposed location of sewage and water lines,
any drainage facilities necessitated by the physical characteristics
of the site, proposed methods of handling solid waste disposal and
a plan for the operation and maintenance of any proposed utilities.
[g]
A community facility plan indicating
the scope and type of supporting community facilities which may be
provided within the proposed development, as specified in the settlement
agreement.
[h]
A proposed sequence plan, establishing
the order in which sections will be constructed, including any terms
or conditions which are necessary to protect the interests of the
public and of the future residents who will occupy any section of
the planned development prior to the completion of the development
in its entirety.
[i]
A demographic projection of the
age of the future residents, solely for the purpose of municipal and
educational planning.
(c)
The items listed in Subsection B(2)(b)[2] above shall constitute the only submissions required on the checklist supplied to the applicant pursuant to the provisions of N.J.S.A. 40:55D-10.3.
(d)
The Land Use Board shall schedule hearings on
the application for general development plan approval at the time
the application is deemed complete by the Board in accordance with
the terms of the settlement agreement.
[Amended 12-18-2019 by Ord. No. 19-28]
C.
Standards for subdivision and site plan approval. In the event that the developer does not submit a general development plan application pursuant to Subsection A, an application for subdivision or site plan approval for the entire tract within the AH Zone shall be deemed complete pursuant to the provisions of N.J.S.A. 40:55D-10.3 upon submission by the applicant of a site plan or subdivision plan and of the information required in Subsection B(2)(b)[2] to the extent the information is not provided on the site plan. In the event that the application is for only a section of the development, the information required in Subsection B(2)(b)[2] shall be provided for that section, together with sufficient conceptual information with respect to the Subsection B(2)(b)[2] criteria for the remainder of the development to demonstrate the visibility of the section for which approval is sought.
D.
The applicant shall not be required to submit a construction
plan, a plan pertaining to the design, construction and installation
of all improvements to the land created by the development as part
of the application for preliminary approval, but may defer this to
final approval. A condition of approval in such case, however, shall
be that, if the developer seeks to commence any construction prior
to obtaining final approval, the developer shall obtain approval of
the construction plan from the Land Use Board before commencing any
such construction.
[Amended 12-18-2019 by Ord. No. 19-28]
E.
The Township Subdivision Ordinance[1] shall be applicable to developments within the AH Zone
to the extent that they are not inconsistent with the language and
intent of the settlement agreement and Appendix B of the settlement
agreement. In the event of any inconsistency, the settlement agreement
and Appendix B shall control. In the event of any dispute as to whether
there is such conflict or whether the Subdivision Ordinance imposes
cost-generating items which are not reasonably necessary for the protection
of health and safety, the matter shall be submitted to the Mount Laurel
Master, appointed by the Morris County Superior Court for mediation.
F.
The duration of site plan or subdivision approvals
or extensions of such approval shall be governed by Section VIIF of
the court-approved settlement agreement.
G.
In the case of general development plan approval,
the vesting period shall be for a period of 25 years from the date
of general development plan approval, provided that a general development
plan application is submitted within one year of the adoption of this
section. In the event that the applicant does not seek general development
plan approval within the one-year period, then the period of delay
shall be subtracted from the maximum vesting period (for example,
if the applicant does not submit an application for general development
plan approval until 23 months after the adoption of this section,
then the period of delay, 11 months (23 months minus 12 months) shall
be deducted from the twenty-five-year maximum period so that the maximum
vesting period shall be 24 years and one month.
[Added 3-14-2001 by Ord. No. 8-01]
There is hereby established in the Township
of Jefferson the VC Village Commercial District which shall consist
of the following properties, as shown on the Jefferson Township Tax
Map: Block 473.12, Lot 16.02; Block 513, Lot 20.01; and Block 513,
Lot 2.
A.
Permitted uses. There is hereby permitted within the
VC District all uses which are permitted in the C-1 Neighborhood Business
Zone as presently existing and as may be amended in the future.
[Amended 4-2-2003 by Ord. No. 12-03]
B.
Conditional uses. In addition to permitted uses, there
shall be allowed within the VC District as the conditional use senior
citizen housing as herein defined and subject to the following terms
and conditions at the time of occupancy:
[Amended 4-18-2001 by Ord. No. 11-01]
(1)
AGE-QUALIFIED PERSON
FAIR HOUSING ACT
QUALIFIED DEVELOPMENT
SENIOR CITIZEN HOUSING
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A person who is 62 years of age or older.
The Fair Housing Act, Amendment Act of 1988, P.L. 100-430
(September 13, 1988) and amendments thereto, including, but not limited
to, the Housing Act for Older Persons Act of 1995, P.L. 104-76 (December,
1995) and any judicial or administrative interpretations or decisions
affecting said legislation.
This shall mean that either the proposed development site
is publicly owned or the developer of senior citizen housing is a
not-for-profit organization.
A housing development which is a qualified development, which
is occupied by age-qualified persons and otherwise meets the requirements
of the Fair Housing Act.
(2)
Occupancy restrictions.
(a)
All housing units shall be occupied only by
age-qualified persons as defined herein.
(b)
Occupancy of the units within the senior citizen
housing development shall be restricted to all persons whose combined
income for any unit shall be at 50% or less of the median income for
Morris County as established by the United States Department of Housing
and Urban Development.
(c)
The foregoing occupancy restrictions shall not
apply to resident employees such as a manager or superintendent.
(3)
Area, yard and bulk requirements shall be as follows:
(a)
Minimum lot size: one acre.
(b)
Maximum density: 40 units per acre.
(c)
Minimum front yard setback: 50 feet.
(d)
Minimum rear yard setback: 40 feet.
(e)
Minimum side yard setback: 10 feet.
(f)
Maximum building coverage: 40%.
(g)
Maximum lot coverage: 90%.
(h)
Building height: three stories or 45 feet.
(i)
Off-street parking: one space per two apartments.
No parking shall be located in the required front yard setback area.
(4)
Utility requirements. Each senior citizen housing
development shall be required to be served by municipally owned and
operated water and sewer systems.
[Added 12-3-2003 by Ord. No. 29-03]
A.
Purpose:
(1)
To provide for both large-scale open spaces to be
dedicated for conservation, public use, as well as residential development
at appropriate densities and for related and complementary uses; an
area that the Township Council has determined is suitable for open
space dedication and cluster residential development.
(2)
To protect a valuable and environmentally sensitive
area of the Township from inappropriate development.
(3)
To provide a regulatory mechanism through which appropriate
development can occur, considering that the area designated for open
spaces is exceptional, unique, irreplaceable and a delicately balanced
physical and biologically acting and interacting natural environment.
(4)
To provide an equitable, understandable development
mechanism that establishes clearly defined goals and advances the
public interest by balancing environmental interests with the rights
of property owners in the District, by encouraging development of
compatible and appropriate land uses that will improve the overall
environment and economic basis of the area and Township, within the
framework of a comprehensive environmental design strategy that preserves
ecologically sensitive and fragile areas from adverse impacts from
inappropriate.
(5)
To provide environmental safeguards for the construction
of facilities in the district and preserve natural resources.
(6)
To provide for the orderly development and effective
preservation of the environment of the Planned Adult Residential Community
District in order to ensure that the development is regulated in a
manner that is fair, efficient and effective as to those people owning
property affected by this section.
(7)
To satisfy a wide range of lifestyles of an aging
population that is growing locally, regionally and statewide; to make
available a variety of residential housing types, amenities and services,
while limiting occupancy of dwelling units in the Planned Adult Residential
Community District to mature adults, 55 years of age or older.
(8)
To supplement, expand, and enhance the ability of
the public and emergency vehicles to gain access to open space that
already exists adjacent to and in the vicinity of the district.
(9)
To provide the ability for the Township to gain ratables
that have minimal impact on Township resources, generate minimal traffic
congestion, and have minimal visual or other impacts on neighboring
properties.
(10)
To provide for reasonable development of the
district in a manner consistent with the New Jersey State Development
and Redevelopment Plan and Blueprint for Intelligent Growth, Smart
Growth concepts, and anti-sprawl initiatives.
B.
PLANNED ADULT RESIDENTIAL COMMUNITY (PARC)
(1)
(a)
(b)
(c)
(d)
(2)
RESIDENTIAL CLUSTER
SENIOR CITIZEN HOUSING
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A private residential community comprised of
single-family and multifamily residential dwelling units, and accessory
uses intended for, limited and restricted to, use and occupancy by:
Any person of 55 years of age and older; or
A member of a couple under 55 years of age who
is residing with his or her partner who is 55 years of age or over;
or
Unemancipated children (as defined under New
Jersey law) who are 19 years of age or older who reside with their
parents or parent where at least one of the parents with whom the
child or children are residing is 55 years of age or older; or
Those persons meeting the requirements for such
age-restricted housing as required by the Federal Fair Housing Act
and the regulations adopted pursuant thereto.
The foregoing occupancy restrictions shall not
be construed to prohibit the occupants of any unit in a PARC from
entertaining guests, of any age, in their units, including temporary
residency, not to exceed six months, with no financial or other pecuniary
consideration to be paid therefor.
A contiguous or noncontiguous area to be developed as a single
entity according to a plan containing residential housing units which
have a common or public open space area as an appurtenance.
Any age-restricted housing consistent with the appropriate
definitions listed in Ordinance No. 8-01.[1]
C.
Cluster development. The development scheme embodied in this section establishes the suitability of the property within the PARC District for cluster development, as provided in Jefferson Township Code § 490-22B(2).
D.
Permitted principal uses. Principal permitted uses
are as follows:
(1)
Single-family detached dwelling units, including,
but not limited to, zero lot line and patio homes.
(2)
Duplex dwelling units.
(3)
Multifamily dwelling units.
(4)
Recreation facilities.
(5)
Sales and administrative offices required for the
construction, sale, resale and management of the dwelling units in
the PARC.
(6)
Senior citizens housing.
F.
Permitted accessory uses in the PARC District. Accessory
uses of buildings and structures specific to the PARC District common
facilities are as follows:
(1)
Master television antenna, satellite systems and/or
cable television antenna/reception and related facilities.
(2)
Common parking areas for guest parking or other areas
that may be dedicated for specific parking purposes such as recreational
vehicle and trailer parking.
(3)
Buildings for storage of vehicles, equipment and supplies.
(4)
Outbuildings and structures as part of the recreation
facilities.
(5)
Public parks and gardens.
(6)
Entrance gatehouse, maintenance buildings, trash and
recycling sheds/enclosures.
(7)
Greenhouses and storage sheds.
(8)
Indoor or outdoor swimming pools.
(9)
Sanitary sewage treatment facilities.
(10)
Water towers and related equipment.
(11)
Customary sanitary sewerage and other utility
use facilities.
G.
Permitted accessory uses for residential dwelling
units. Accessory uses to the permitted principal uses as follows:
(1)
Private attached garage with a capacity for garaging
up to two vehicles per single-family dwelling unit, duplex dwelling
units or multifamily dwelling units of four or less units per building.
(2)
At-grade and in-basement parking garages in multifamily
dwelling buildings over four units.
(3)
Storage sheds attached to and incorporated in the
design of the individual dwelling units.
(4)
Fences and retaining walls.
(5)
Decks, patios, gazebos, and screened porches.
(6)
Such other customary uses and structures as may be
permitted by the approving authority.
H.
Bulk requirements applicable to the PARC Zone.
(1)
Minimum tract size. A PARC, exclusive of the senior
citizen housing site, may be developed on one or more contiguous parcels
of land having a total gross area of not less than 650 acres.
(2)
Minimum open space. Sixty percent of the gross PARC
District shall be maintained as permanent open space. For purposes
of this requirement, "open space" shall mean those portions of the
PARC District not covered by buildings, structures of any kind, streets
or other surfaces paved with impervious materials.
(3)
Maximum building coverage: 25% of gross area of the
PARC District.
(4)
Maximum residential density: one dwelling unit per
gross acre of the PARC District, with a maximum of 450 dwelling units
permitted for all age-restricted market units not associated with
any Township-sponsored, affordable senior citizen housing dwelling
units in the PARC District.
(5)
Any property dedicated for open space or conveyed
to the State of New Jersey or to another public, nonprofit or quasi-public
entity shall be deemed to be in and remain part of the original tract
size for calculation of minimum open space, minimum tract size, maximum
building coverage, and maximum residential density.
I.
Bulk requirements applicable to individual single-family
lots.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum setbacks:
(a)
Front yard: 25 feet; measured from lot line,
exclusive of attached side entry garage units which shall have a minimum
front yard setback of 15 feet, provided that no garage door shall
face the street view. Garage doors may face the street if they are
set back 25 feet.
(c)
Rear yard: 20 feet.
(5)
Maximum building height: 35 feet or 2 1/2 stories,
whichever is less.
J.
Bulk requirements applicable to multifamily residential
buildings.
(2)
Minimum setbacks:
(a)
From all property lines: 50 feet. This setback
requirement may be reduced to zero feet where a building is located
adjacent to dedicated open space property line.
(b)
Maximum building height: 50 feet or three stories
over a single-story parking deck.
(c)
From building to the right-of-way line of a
private street: 25 feet.
(d)
Maximum number of units per building: 16.
(e)
No dwelling unit shall be allowed in the basement
of any building.
(f)
Maximum building length: 150 feet.
L.
Parking requirements. Minimum parking requirements
for residential units shall be in accordance with the New Jersey Residential
Site Improvement Standards with the following requirements:
(1)
Single-family units shall have a minimum of one attached
garage space and one off-street parking space in the form of a driveway.
These spaces shall be counted toward the required parking spaces per
dwelling.
(2)
Multifamily units shall have a minimum of one space
in a parking deck beneath the building or one attached garage space
to be counted toward the minimum off-street parking requirement.
(3)
Senior citizen housing unit parking requirement may
be solely located within an at-grade parking lot.
(4)
The minimum off-street surface parking stall size
shall be nine feet by 18 feet. The minimum parking stall size within
a parking deck shall be 8.5 feet by 18 feet.
(5)
No parking area or access drive shall be located within
10 feet of a building unless located under the structure in association
with a multifamily residential building, as permitted by this chapter.
(6)
A private driveway with the capacity of off-street
parking for two automobiles shall be deemed to constitute two parking
spaces.
M.
Decks, etc. A deck, patio or screened porch shall
be permitted within 10 feet of any rear yard line and five feet of
any side yard line.
N.
Utilities.
(1)
A PARC must be fully serviced by centralized water
and sanitary sewerage systems approved by appropriate New Jersey state
regulatory agencies.
(2)
Maximum building height: 40 feet, exclusive of any
required water tower. At no time shall any required water tower exceed
the height of the surrounding tree line.
O.
Recreation facilities.
(1)
"Recreation facility" shall mean a place designed
and equipped for the conduct of sports and leisuretime activities.
(2)
Required recreational facilities. Any PARC shall contain
and provide for the benefit, use and enjoyment of its homeowners'
association members and their guests the following recreation facilities:
(a)
A recreation area containing a recreation building
or clubhouse equal in size to a minimum of 10 square feet for each
dwelling unit, exclusive of any dwelling units proposed for senior
citizens housing.
(b)
A swimming pool of a minimum size of 30 feet
by 50 feet, with an adjacent improved sitting area surrounding all
sides of the pool with an aggregate area equal to twice the water
surface of the pool.
(c)
Parking facilities serving the recreation area,
with a minimum number of parking spaces equal to one space for each
50 square feet of the first 6,500 square feet of area of the recreation
building, thereafter at a rate of one space for each additional 200
square feet.
(d)
Picnic-barbecue areas.
(e)
A minimum of three tennis courts.
(f)
Walking paths in proximity to the residences
to be constructed. All walking paths will be a minimum of six feet
wide. They will be cleared of vegetation, but otherwise left in their
natural state. Tree removal and site topography alteration is to be
minimized. Their location is to be generally depicted on the PARC
site plans, but their final configuration and location will be determined
by the developer and a designated Township representative "in the
field," after site construction is substantially complete.
(g)
Such other activities which the Land Use Board
shall find to be consistent with the lifestyle of the residents of
a PARC and which are subordinate to the residential character of a
PARC.
[Amended 12-18-2019 by Ord. No. 19-28]
(3)
Ownership of recreation facilities. All recreational
facilities shall be owned by the homeowners' association and are to
be used by homeowners' association members and their guests as defined
herein. Sidewalks and walking paths will be available to all residents
of the PARC.
P.
Supplemental regulations.
(1)
Setback and distance measurements. Except as set forth
otherwise, building setbacks and minimum distances between all buildings
shall be measured from lot line (and not from street lines) to building
foundation lines, excluding foundations for fireplaces, porches, balconies,
landings, stairs, and other exterior protrusions of a building which
do not protrude beyond eight feet from the building foundation line.
(2)
Perimeter boundary setbacks. No building or structures,
other than entrance gatehouses, walls or fences, shall be located
within 50 feet of any exterior boundary line of the PARC, except as
to areas formally dedicated as open space.
(3)
Homeowners' association.
(a)
Recorded covenants. Any PARC shall be governed
and regulated by one or more recorded declarations of covenants and
restrictions or similar documents ("C&Rs"), which shall provide
for and create one or more incorporated membership organizations under
Title 15 of the New Jersey Statutes in which all unit owners in the
PARC (exclusive of residents in or the owners of any senior citizens
housing complex) shall be required to be members (the "homeowners'
association"). The C&Rs shall provide for:
[1]
The ownership, maintenance, operation and upkeep
of all recreation facilities, open space (not otherwise conveyed or
dedicated to public use), streets and other common areas within the
PARC by the homeowners' association;
[2]
The restrictions on unit occupancy;
[3]
The procedure for creating, imposing and collecting
assessments from each unit owner to finance the foregoing; and
[4]
The organization, operation and management of
the homeowners' association.
(b)
A complete copy of the proposed articles of
incorporation creating the homeowners' association, the bylaws and
the C&R shall be submitted to the Township Attorney for his review
and determination of adequacy as to form and compliance with the requirements
herein set forth. Primary regulatory authority over the creation of
the homeowners' association, its documentation and its functioning
is acknowledged to rest solely with the New Jersey Department of Community
Affairs as per applicable statutory and regulatory authority.
(c)
The documents listed above shall contain at
least the following minimum provisions:
[1]
Mandatory membership of all unit owners, exclusive
of residents in or the owners of any senior citizens housing complex.
[2]
A monthly maintenance fee adequate to provide
for taxes, maintenance and the operation of any common facilities.
[3]
The right (but not the obligation) of the Township
to perform any necessary maintenance, etc., and to assess the costs
as a tax lien against each individual homeowner's dwelling unit, should
the association fail to meet its responsibilities.
[4]
The association shall not be dissolved, nor
shall it dispose of any open space, not otherwise conveyed or dedicated
to public use, by sale or otherwise unless it is to an entity that
meets the requirements hereunder.
(d)
Membership in the association shall be mandatory
for all unit owners (exclusive of residents in or the owners of any
senior citizens housing complex), and the final map and any deeds
of dedication shall contain a notation that all such open space parcels
created are dedicated in perpetuity, and future resubdivision or other
use of the parcels created is specifically prohibited.
Q.
Design standards, to the extent they are not inconsistent
with the provisions of the New Jersey Residential Site Improvement
Standards.
(1)
Streets and roads. All streets and roads in a PARC
shall conform to the provisions of the New Jersey Residential Site
Improvement Standards.
(2)
Drainage. All on-site drainage shall be provided for
in accordance with New Jersey state law and the Township of Jefferson
storm drainage requirements and applicable Township ordinances pertaining
to subdivision and development of lands.[4]
(3)
Driveways, walks and parking areas. There shall be
provided a safe and convenient system of driveways, walks and parking
areas. Due consideration shall be given in planning walks, ramps and
driveways to prevent slipping or stumbling. Sidewalks shall be in
accordance with the New Jersey Residential Site Improvement Standards.
(4)
Single-family residential design standards.
(a)
As to all single-family residential dwelling
units, except as hereinafter provided, not more than one building
permit shall be issued for any dwelling to be erected in a PARC if
it is substantially alike in exterior design and appearance with any
neighboring dwelling. A building or structure shall be deemed a neighboring
dwelling if it is on one lot which is the first lot next along any
street and, in addition thereto, any lot which is directly across
a street.
(b)
Neighboring dwellings, as hereinabove defined,
shall be considered substantially alike in exterior design and appearance
if they are not different in at least three of the following seven
respects:
[1]
The relative location of and point of entry
to a garage, porch and other such structural appurtenance with respect
to facade.
[2]
The relative location, size, or type of front
elevation windows or doors.
[3]
The type of roof, with respect to any appurtenance,
configuration, pitch or composition.
[4]
The type or color of predominant siding material.
[5]
The type of roofing material or color or pattern
thereof.
[6]
Orientation of the building when viewed from
a single viewing point.
[7]
The height, length, depth, or predominant pitch
of a portion of the roof outside the limits of the main portion of
the building.
(5)
Multifamily residential design standards, exclusive
of senior citizen housing development.
(a)
Maintenance-free building exteriors are encouraged,
using a variety of quality composite siding materials, vinyl, brick,
stone or other cultured materials as well as generous trim levels.
(b)
Multifamily neighborhoods shall draw upon a
common palate of exterior features that will include, where appropriate,
balconies, patios, and shutter and window styles.
(6)
Senior citizen housing design standards. The design
of any senior citizen housing complex shall be generally consistent
with the overall design requirements of the PARC District.
R.
General development plan.
(1)
Requirements for plans for preliminary approval of planned developments in the PARC Zone. Plans for preliminary approval of planned developments in the PARC Zone shall conform to the requirements for preliminary approval of site plans as set forth in § 490-32. If there is to be any division of the planned development into two or more lots for fee conveyance, or if any new public streets are to be dedicated or constructed, the preliminary plans shall also show the information required for preliminary major subdivision plats as set forth in Chapter 435, Subdivision of Land. The plans shall further include or be accompanied by the following:
(a)
The gross density of units per acre of any residential
portion of the development.
(b)
Calculations as to the areas and percentages
of areas in each class of permitted and required use as set forth
in this chapter.
(c)
A traffic study assessing the probable impact
of the planned development on existing and proposed roads and traffic
circulation within the affected area of the Township and any affected
adjoining municipality.
(d)
In the case of a plan which calls for development
over a period of years or which includes residential development,
a schedule showing proposed times when development of each section
is intended to begin and a plan for terms and conditions to protect
the interests of the public and of the residents, occupants and owners
of the proposed development in the total completion of the development.
(e)
The proposed form of organization or organizations
to own and maintain any common open space not to be dedicated to a
governmental agency.
(f)
An environmental impact statement of the effect of the project on the environment. Such statement shall be in accordance with Chapter 222, Environmental Impact Statement, and include the following:
[1]
An inventory of existing environmental conditions
at the project site and the surrounding area, which shall describe
air quality, water quality, water supply, storm and sanitary sewer
systems, other utilities, soils, topography, vegetation, wildlife,
historical sites, archaeology, geology, land use and access to the
site.
[2]
A listing of all licenses, permits or other
approvals required by law, other than those to be obtained from the
Land Use Board, and the status of each.
[Amended 12-18-2019 by Ord. No. 19-28]
[3]
An assessment of the probable impact of the project upon all topics described in Subsection R(1)(f)[1] above as well as on schools, municipal services, roads and transportation facilities, existing and proposed.
[4]
A listing of alternatives to any part or all
of the project which would reduce adverse impacts, with reasons for
their acceptability or nonacceptability.
[5]
A listing of adverse environmental impacts which
cannot be avoided and steps to be taken to minimize adverse environmental
impacts during construction and operation, both at the project site
and in the surrounding area.
(g)
A fiscal impact analysis showing the added municipal
and school costs which would result from the project and the revenues
which the project would produce to meet those costs. If the project
is to be staged, the costs and revenues for each stage shall be identified.
The analysis shall include additional costs, if any, for each line
item of the municipal budget, and for operating and capital expenses
of the school system, and shall include quantification of additional
municipal personnel and equipment and of additional teachers and classrooms,
if any, which the project would require to maintain municipal and
school services at the level provided at the time of application.
(h)
An economic feasibility and marketability study
demonstrating that the planned development and each stage thereof
will be marketable and economically feasible.
(i)
Such other information as is necessary to present
evidence as to the factors to be considered in reviewing the application.
(2)
Requirements of plans for final approval of planned developments in the PARC Zone. Plans for final approval of a planned development in the PARC Zone, or any portion or section thereof, shall conform to the requirements for final site plan approval as set forth in § 490-32 and, if there is to be any division of the development into two or more lots for fee conveyance, or if any new public streets are to be dedicated or constructed, the plans shall also show the information required for final major subdivision plats as set forth in Chapter 435, Subdivision of Land. The plans shall further include or be accompanied by the following:
(a)
The gross density in units per acre of any residential
portion of the development.
(b)
Calculations as to the areas and percentages
of areas in each class of permitted and required use as set forth
in this chapter.
(c)
Proposed documents relating to the common open
space, including but not limited to deeds of conveyance, proposed
articles of incorporation and bylaws and such other documents as the
municipal agency or its attorney shall deem necessary to determine
compliance with this chapter.
(d)
The precise location, height and first-floor
elevation of all proposed buildings or other structures and the elevation
of the finished grade at each corner of such structure.
(e)
The final precise location and design of off-street
parking areas or loading areas, showing the size and location of bays,
aisles and barriers.
(f)
That portion of the proposed water supply, sewerage,
stormwater and drainage systems related to the particular building
or section and their connections to the facilities granted preliminary
approval.
(g)
The location, direction or illumination, power
and hours of operation of existing and proposed outdoor lighting for
the particular building or section.
(h)
The location and elevation plan of existing
and proposed signs for the particular building or section.
(i)
The proposed screening, landscaping and planting
plan for the particular building or section.
(j)
Such other information or data as may be required
by the Land Use Board for determination that the details of the site
plan are in accordance with the standards of this chapter and all
other ordinances of the Township, including satisfactory evidence
of conformance to the performance standards of this chapter.
[Amended 12-18-2019 by Ord. No. 19-28]
[Added 5-19-2004 by Ord. No. 14-04]
A.
Purpose. This zone is designed to provide affordable
housing for senior citizens in an appropriate location in the Township
with proximity to major roads and services. This zone provides an
additional housing type alternative to meet the needs of moderate-income
senior citizens.
D.
Occupancy restrictions.
(1)
Age qualification.
(a)
Any person of 55 years of age or older; or
(b)
A member of a couple under 55 years of age who
is residing with his or her partner who is 55 years of age or over;
or
(c)
Unemancipated children (as defined under New
Jersey Law) who are 19 years of age or older who reside with their
parents or parent where at least one of the parents with whom the
child or children are residing is 55 years of age or older; or
(d)
Those persons meeting the requirements for such
age-restricted housing as required by the Federal Fair Housing Act
and the regulations adopted pursuant thereto.
(2)
Income qualification. All households must meet the
income qualifying standards of the Council on Affordable Housing for
moderate-income households of 80% or less of the median income for
Morris County as established by the US Department of Housing and Urban
Development, at the time of occupancy. All units shall be deed restricted
for at least 30 years requiring that the subsequent buyers of any
such units during the time period must meet the income qualification
standards applicable at the time.
E.
Bulk and area requirements shall be as follows:
(1)
Minimum lot size: five acres.
(2)
Minimum lot width: 150 feet.
(3)
Maximum density: four units per acre.
(4)
Minimum setback from external right-of-way: 15 feet.
(5)
Minimum front yard setback from internal road: 20
feet.
(6)
Minimum rear yard setback: 10 feet.
(7)
Minimum side yard setback: 10 feet.
(8)
Maximum building coverage: 20%.
(9)
Maximum lot coverage: 45%.
(10)
Building height: 2 1/2 stories or 35 feet.
(11)
Off-street parking: two spaces per unit (garage
and driveway).
(12)
Minimum landscaping: 40%.
F.
Utility requirements. Each unit shall be required
to be served by municipally owned and operated water and sewer system.
G.
Common property. Every development, pursuant to this
chapter, shall have a homeowners' association or condominium association.
The document creating such an association shall be provided to the
Township as part of the developer's agreement and shall be approved
by the Township Attorney and the New Jersey Department of Community
Affairs.
H.
Design standards.
(1)
Design standards for internal streets and roads, and
sidewalks and driveways shall be consistent with the requirements
of the New Jersey Residential Site Improvement Standards.
(2)
Design standards for on-site drainage shall be provided
for in accordance with New Jersey State Law and the Township of Jefferson
storm drainage requirements and applicable Township ordinances that
pertain to subdivision and development of lands.
(3)
Maintenance-free building exteriors are encouraged
using a variety of quality composite siding materials, vinyl, brick,
stone or other cultured materials.
