The following regulations shall apply in all
residence districts, unless otherwise indicated.
[Added 2-2-2009 by Ord. No. 2009-2]
Lot size, yard size, lot area that may be covered by buildings, building floor area per household and building or structure height shall be regulated as specified in the schedule contained in Article
X.
A. Lots existing
on September 1, 2008, in the R-3 District that were created under
the former lot suitability ordinance and containing an environmental restriction line are subject
to the lot suitability envelope only for the initial building permit
for the principal building.
Buffer strips shall be provided when necessary in accordance with requirements of §
154-68. Also, any of the below-listed uses which are created in a residential district as part or parts of an allowable use, other than as part or parts of a single-family dwelling use, are hereby required to provide buffer strips in accordance with §
154-68, and each of these below-listed uses shall be considered to be an other specified use in accordance with §
154-68:
D. Outside facility illuminated at night.
[Amended 7-21-1969 by Ord. No. 1969-11]
A. Off-street parking shall be provided in accordance with §
154-69.
B. In all residential districts, including planned unit
developments, except as modified herein for the R-3 District, the
parking on the street of any commercial motor vehicle exceeding four
tons gross weight, farm tractor, omnibus, pole trailer, road tractor,
school bus, semitrailer, truck tractor, recreational vehicle, boat,
and trailer, all of the foregoing as defined in N.J.S.A. 39:1-1 et
seq., between the hours of 10:00 p.m. and 6:00 a.m. is specifically
prohibited.
[Amended 12-20-1982 by Ord. No. 1982-40; 2-25-2013 by Ord. No. 2013-4]
(1) No
persons of the same household shall cause to be parked more than one
commercial vehicle of four tons gross weight or less on any residential
street between the hours of 10:00 p.m. and 6:00 a.m.
(2) Per
N.J.S.A. 39:1-1, "trailer" is defined as "every vehicle with or without
motive power, other than a pole trailer, designed for carrying persons
or property and for being drawn by a motor vehicle and so constructed
that no part of its weight rests upon the towing vehicle." For purposes
of this section, "trailer" includes, but is not limited to, any landscape
trailer, camper trailer, boat trailer, horse trailer, enclosed trailer
and any other type of trailer used for work or recreation.
C. The above vehicles may be permitted in the R-3 District
only if used by the owner for his own farm operations.
[Amended 12-20-1982 by Ord. No. 1982-40]
D. For the purposes of this section, "parking" is defined
as per N.J.S.A. 39:1-1 as "the standing or waiting on a street, road
or highway of a vehicle or trailer not actually engaged in receiving
or discharging passengers or merchandise, unless in obedience to traffic
regulations or traffic signs or signals."
[Amended 12-20-1982 by Ord. No. 1982-40; 2-25-2013 by Ord. No. 2013-4]
E. Violations and penalties. Any person, entity, firm, corporation or
other group that is found guilty of violating any of the provisions
of this chapter shall be subject to a fine as follows. Each day of
violation shall be considered a separate violation.
[Added 2-25-2013 by Ord. No. 2013-4]
(1) First
offense, upon issuance of a motor vehicle summons or special complaint
by the Division of Police or Zoning Enforcement Officer: $50.
(2) Second
offense, upon issuance of a motor vehicle summons or special complaint
by the Division of Police or Zoning Enforcement Officer: $150.
(3) Third
offense upon issuance of a motor vehicle summons or special complaint
by the Division of Police or Zoning Enforcement Officer: $250.
(4) Fourth
offense, upon issuance of a motor vehicle summons or special complaint
by the Division of Police or Zoning Enforcement Officer, the violator
shall be required to appear in Municipal Court and be subject to a
fine of up to $1,000 for each violation.
[Amended 12-20-1982 by Ord. No. 1982-40]
A. Only the following accessory uses shall be permitted:
(1) Customary accessory residential uses which do not
result in contact with the public for any purposes whatsoever, except
that garage sales shall be permitted only two days per year per household
or residence, and provided further that charitable, religious, eleemosynary
and other similar nonprofit organizations owning premises located
in residential zones shall be permitted four garage sales. For purposes
of this chapter, "garage sale" shall mean and include all sales entitled
"garage sale," "cake sale," "lawn sale," "yard sale," "attic sale,"
"rummage sale" or "flea market sale" or any similar casual sale of
tangible personal property which is advertised by any means whereby
the public at large is or can be made aware of such sale.
[Amended 5-16-1983 by Ord. No. 1983-18]
(2) Utility sheds.
[Amended 10-2-2023 by Ord. No. 2023-10]
(3) Private garages, pole barns, pool houses, or ornamental structures.
[Amended 4-22-2019 by Ord. No. 2019-12; 10-2-2023 by Ord. No. 2023-10]
(5) Private greenhouses not exceeding 1,000 square feet.
(6) Electric
vehicle charging stations or EVSE make ready parking spaces.
[Added 2-28-2022 by Ord. No. 2022-9]
(7) Accessory residential use or home occupation, subject to the following
standards:
[Added 10-2-2023 by Ord.
No. 2023-10]
(a)
There shall be no more than one employee of the business to
be carried out on the residential property.
(b)
There shall be one off-street parking space in addition to those
otherwise required by this chapter if deemed necessary for the operation
as determined by the reviewing agency. If the additional parking changes
the appearance of the site, then site plan approval from the Planning
Board is required.
(c)
The area used for the above uses shall occupy no more than 15%
of the total floor area, including basements if so used.
(d)
No storage of materials or products outside of the dwelling
unit shall be permitted, including the use of vans, trucks and other
vehicles to store materials and equipment.
(e)
The use shall be clearly incidental to the residential use of
the dwelling unit and shall not change the essential residential character
of the dwelling.
(f)
No external alterations inconsistent with the residential use
of the dwelling unit shall be permitted.
(g)
No display of products shall be visible from outside the building.
(h)
Such accessory uses shall be conducted by the residential occupants,
who must be continuous occupants of the dwelling while the use is
in operation.
(i)
No advertising display shall be visible from the street or elsewhere
other than a small professional nameplate, which shall not exceed
two square feet in area.
(8) Accessory apartment, subject to the following additional requirements:
[Added 10-2-2023 by Ord.
No. 2023-10]
(a)
There shall be a maximum of one accessory apartment within any
single-family home.
(b)
One additional off-street parking space shall be provided in
addition to any other parking requirements for the principal dwelling.
(c)
Accessory apartments shall have a maximum floor area of 600
square feet.
(d)
There shall be no more than one bedroom or space for sleeping
quarters in any accessory apartment.
(e)
The accessory apartment shall only be occupied as living quarters
by a member of the household that resides in the principal dwelling
on the lot.
(f)
The accessory apartment shall not be rented, leased, or sold
separately from the principal dwelling on the lot.
C. For accessory uses on residential lots smaller than 10,000 square
feet, rear and side yard setbacks shall be reduced to no less than
three feet for utility sheds and private garages.
[Added 4-22-2019 by Ord.
No. 2019-12]
D. Keeping
of hens or other domestic fowl such as ducks, pheasants, geese, or
grouse, provided the following restrictions are satisfied:
[Added 2-28-2022 by Ord. No. 2022-6]
(1) All accessory uses of keeping of hens or other domestic fowl shall be licensed by the Township in accordance with Chapter
70 of the Township Code.
(2) The
minimum lot area for such an accessory use shall be as follows:
Minimum Lot Area
(square feet)
|
Maximum Number of Hens or Other Fowl
|
---|
5,000
|
3
|
10,000
|
4
|
15,000
|
5
|
20,000
|
6
|
30,000
|
7
|
40,000 or greater
|
8
|
(3) The
residential property on which the hens or other fowl are to be kept
must be a detached single-family home, or two-family home with an
adequate side and rear yard No keeping of hens or other fowl shall
be permitted in the yard of a townhouse or multifamily residential
use.
(4) The
keeping of any such hen or other fowl shall be in a side or rear yard
only and the yard must be enclosed by a fence with a minimum height
of four feet.
(5) A
maximum of eight hens or other domestic fowl shall be permitted to
be kept on a residential property as an accessory use.
(6) No
roosters shall be permitted to be kept on any residential property.
(7) A chicken coop and run or similar structure shall be permitted as an accessory structure in the side or rear yard along with the keeping of hens or other fowl. The coop shall have a maximum height of eight feet, and a maximum building area of 120 square feet. The limitations found in §
154-65 on the maximum number of accessory structures shall not apply to chicken coops or runs.
(8) An
enclosed chicken run or pen shall have a maximum area of 200 square
feet. The run or pen shall be attached to a chicken coop, and shall
be enclosed with a mesh wire fence with a minimum height of three
feet and a maximum height of six feet.
(9) Any
chicken coop or run structure shall be setback a minimum of three
feet from any principal structure on the property, and 10 feet from
any adjacent property line.
(10) Any chicken coop or run must be constructed to be predator-proof
(11) All animal byproducts and waste must be collected and removed on
a regular basis.
(12) No commercial sales of eggs, meat, or fertilizer from chicken or
fowl waste shall be permitted on any residential property.
[Added 4-20-2009 by Ord. No. 2009-7]
This section shall be known as the "Portable Home Storage Regulations
of the Township of Mount Laurel."
A. Purpose. It is the purpose of this section to regulate portable home
storage units within all residential districts to control the duration
of temporary storage, the siting and/or placement of such structures
on a residential lot, permitting of such storage units, removal of
such units and enforcement in the case of a violation. Nevertheless,
it is recognized and asserted by the Mount Laurel Township Council
that the application of the within provisions is intended to apply
to single-family home properties and townhome properties where each
townhome is owned in fee simple by its owners and where such townhome
has a driveway on the owned lot. The Township Council recognizes that
all dwellings that are within multifamily communities that either
have no driveways for individual dwellings and/or where the street
itself is owned by a condominium association pose difficult problems
in terms of ordinance application, implementation and enforcement.
B. Definitions.
PORTABLE HOME STORAGE UNIT
Portable sheds that typically are loaded with materials and
placed on a residential property for the purpose of storing materials.
For purposes of this section, trash dumpsters shall be deemed a portable
home storage unit.
C. Permit required; application; fee; exception for new residential
construction.
(1)
Before placing a portable home storage unit on his, her or its
property, a person or other owner of residential property must submit
an application and receive a permit from the Township. There shall
be a fee of $25 for a thirty-day permit. Applications shall be obtained
from the office of the Mount Laurel Department of Community Development.
Excepted from the permitting requirements of this section shall be
portable home storage units utilized for new residential construction;
however, any portable home storage unit shall be removed from the
new residential dwelling lot within 30 days of the issuance of the
certificate of occupancy.
(2)
Multifamily districts.
(a)
In the event that the applicant for a permit under this section
is an owner or occupant of a multifamily dwelling unit where there
is either no dedicated driveway/garage for that unit or where the
parking areas for the dwellings are owned by a condominium or other
homeowners' association which qualifies for reimbursements from the
Township of Mount Laurel pursuant to the New Jersey Condominium Act,
then, in that case, the owner or occupant must comply with all condominium
or homeowners' association rules and regulations regarding the placement
of such storage facilities that are the subject of this chapter.
(b)
The Township Council will insure the communication with all
Township condominium associations about this section and ask each
such association about the issues, if any, that are raised by this
section and whether there are any other suggestions for regulations
of the storage units addressed here by such homeowners' and/or condominium
associations.
D. Duration. Except as provided in §
154-19.1E below, permits will be granted for a period of 30 days. Prior to the expiration of the thirty-day period, applicants may seek to extend their permits for an additional 30 days by seeking an extension with the office of the Mount Laurel Department of Community Development. Extension of a permit will cost $25 for each 30 days granted. In no event shall a permit for a portable home storage unit, with extensions, be granted for more than 90 days, except as provided in §
154-19.1F below.
E. Location.
(1)
Except when the purpose of the portable home storage unit(s)
is specifically for receiving debris and demolition material from
the replacement of a residential driveway, portable home storage units
must be kept in the driveway of the property at the furthest accessible
point from the street.
(2)
Except as provided in §
154-19.1F below, the applicant must obtain preapproval of the location by the Township Code Enforcement Officer in the following situations:
(a)
If the property does not have a driveway; and/or
(b)
If the property is a corner lot.
(3)
Roll-off trash containers may be approved for siting on a residential
street, when such placement in the driveway is deemed impracticable.
In such event, placement must be preapproved by the Mount Laurel Township
Police Department, reflective material and cones must be utilized
to further ensure proper and safe use and such permit shall be issued
for a period of not more than seven days.
F. Emergency home repairs. In the case of a home repair due to fire
or other similar emergency, the Township Code Enforcement Official
shall approve the siting of a portable home storage unit on "short
notice" to ensure public health and safety. Moreover, the Township
Code Enforcement Official shall have discretion to extend the permit
beyond 90 days in such circumstance.
G. Number of units. Only one portable home storage unit may be placed at any residential property at one time, except in the circumstance where more than one portable home storage unit may be necessary for utilization in an emergency home repair situation as set forth in §
154-19.1F.
H. Enforcement. This section shall be enforced by the Township of Mount
Laurel, as directed by the Office of the Township Manager.
I. Violations and penalties. Any person(s) who is found to be in violation
of the provisions of this section shall be subject to a fine not to
exceed $100. Each day of violation may be the basis of a separate
violation.
[Amended 10-7-1968 by Ord. No. 1968-18]
In any district hereinafter designated as Residence
District R-1D, the following regulations shall apply:
A. Purposes. The purpose of this subsection in creating
a new residence district, R-1D, with its density and open space controls,
is:
(1) To provide a method of development of residential
land which will nevertheless preserve desirable and usable open spaces,
school sites, recreation and park areas and lands for other public
purposes.
(2) To enable and encourage flexibility of design and
development of land in such a manner as to provide the most appropriate
use of lands.
(3) To facilitate the adequate and economical provisions
of streets and utilities.
(4) To preserve the natural and scenic qualities of open
lands within the Township.
B. Use regulations. The general and supplemental use regulations, other regulations, buffer strip requirements, parking requirements, parking restrictions and accessory use regulations contained in §§
154-14 through
154-20 above regulating resident districts shall be complied with.
[Amended 12-20-1982 by Ord. No. 1982-40]
C. Development regulations. The regulations applicable
to the R-1 Residence District contained in Schedule of Area and Height
Requirements shall apply to the R-1D Residence District, subject,
however, to the following exceptions:
(1) Single-family dwellings shall not be erected in excess
of an allowable development density of 2.25 dwelling units per gross
acre. For determining this density, the area of any tract shall be
established from a certified outbound survey of the particular tract
being developed.
(2) Each corner lot shall have a minimum width of 100
feet at the building line. Each interior lot shall have a minimum
width of 80 feet at the building line. The building line shall be
considered at either the front or rear of the building whichever is
narrower.
(3) No corner lot shall have an area of less than 12,000
square feet, and no interior lots shall have an area of less than
10,000 square feet.
(4) In order to ensure the fulfillment of the purposes
of this section, the developer shall set aside such lands within the
subdivision, other than streets or building lots, for public use,
in locations, acreage, configuration and topography as approved by
the Planning Board of the Township. The uses for which these public
lands shall be set aside and dedicated to the municipality, if required
by the Planning Board, shall include but not be limited to school
sites, parks, playgrounds, recreation areas, public buildings and
public utilities. A minimum of 15% and a maximum of 25% of the total
acreage of the tract within the R-1D Zone may be required by the Planning
Board for such public uses as have just been outlined.
(5) In the event that a proposed developer or owner of land does not desire to develop his land in such manner as to make available the public land as specified in Subsection
C(4) above, then the owner or developer of land may present plans for development, notwithstanding the other provisions of this section, in strict compliance with the requirements of the R-3 Residence District as set forth in §§
154-14 through
154-19 of this chapter.
[Amended 2-7-1983 by Ord. No. 1983-2]
A. Child-care centers may be authorized by the Planning
Board as a conditional use in all residential districts subject to
the following standards, specifications and criteria:
[Amended 10-2-2023 by Ord. No. 2023-10]
(1) The use will not injure or detract from the use of
neighboring property.
(2) The use will not detract from the character of any
residential neighborhood.
(3) The use of the property adjacent to the area included
in the plan is adequately safeguarded.
(4) The property is suitable for the intended use.
(5) The use will serve the best interests of the Township.
(6) The use will not adversely affect public facilities
and services, such as water, sewer, utilities and police and fire
protection.
(7) The use will not adversely affect the existing drainage
facilities.
(8) The use will not adversely affect the safe flow of
traffic and adequate roadway accesses shall be provided to protect
roadways from undue congestion and hazards.
(9) The architecture will be compatible with the neighborhood.
(10)
Additional parking may be required by the Planning
Board if analysis of the proposed type of operation and number of
employees and visitors involved indicates the above ratio will not
generate sufficient parking spaces.
(11)
Separate vehicle stacking lanes for pedestrian
drop-off and pickup shall be provided. The minimum number of stacked
cars shall be determined by the Planning Board at time of site plan
review.
(12)
All active recreation areas shall be fenced
with a four-foot-high vinyl-covered chain link fence or equivalent.
(13)
All property lines adjacent to residential lots
shall be buffered with evergreen trees as determined by the Planning
Board. The evergreen-buffer species, height at time of planting and
spacing shall be sufficient to create a visual buffer within three
years from the time of installation. Parking lots, play areas and
accessory buildings shall also be buffered if required by the Planning
Board.
(14)
Outdoor areas located near hazardous areas as
determined by the Planning Board shall be fenced or otherwise protected
as directed by the Planning Board.
(15)
The required outdoor play area shall be green,
open and unpaved for active recreational activities.
(16)
In residential districts, the exterior of structures
used for child-care centers shall be architecturally designed as a
residential unit compatible with the types of units existing or to
be located in the neighborhood. Drawings of the building's exterior
design shall be submitted and approved by the Planning Board. This
requirement shall not be applicable to child-care centers operating
in churches.
(17)
Child-care centers operated in a residential
structure by the owner-occupant with no employees shall be exempt
from the applicable standards, provided that no more than five nonresident
children are on the premises at any one time.
(18)
The minimum lot size in each district shall
be increased by 600 square feet per child for every child in excess
of five.
(19)
The minimum outdoor play areas shall be 150
square feet per child.
B. Churches, including chapels, convents and child-care centers within churches, may be authorized by the Planning Board as a conditional use in all districts, subject to all of the standards, specifications and criteria listed in Subsection
A, where applicable.
C. Schools may be authorized by the Planning Board as a conditional use in all residential districts, subject to all of the standards, specifications and criteria listed in Subsection
A, where applicable, except as modified herein:
(1) There shall be no standard regarding the architecture
and exterior appearance of the building.
D. Cemeteries and funeral homes may be authorized as
a conditional use, subject to the following standards:
[Added 3-15-1993 by Ord. No. 1993-5]
(1) The use will not injure nor detract from the use of
neighboring property.
(2) The use will not detract from the character of any
residential neighborhood.
(3) The use of the property adjacent to the area included
in the plan is adequately safeguarded.
(4) The property is suitable for the intended use.
(5) The use will serve the best interests of the Township.
(6) The use will not adversely affect public facilities
and services, such as water, sewer, utilities and police and fire
protection.
(7) The use will not adversely affect the existing drainage
facilities.
(8) The use will not adversely affect the safe flow of
traffic, and adequate roadway accesses shall be provided to protect
roadways from undue congestion and hazards.
(9) The architecture will be compatible with the neighborhood.
(10)
Additional parking may be required by the Planning
Board if analysis of the proposed type of operation and number of
employees and visitors involved indicates the above ratio will not
generate sufficient parking spaces.
(11)
Full buffer widths and plantings as required
by this chapter shall be implemented.
(12)
Lighting shall be shielded so as not to cause
glare or adverse effects onto adjoining properties.
(13)
All parking shall be contained on site.
(14)
The hours of operation will be limited so as
not to create late nighttime activity unconducive with a residential
neighborhood.
(15)
The minimum lot size shall be 20,000 square
feet, and all of the bulk area regulations of the R-3 Zoning District
shall apply.
E. Roof-mounted solar energy system, provided the following standards
are met:
[Added 7-22-2013 by Ord. No. 2013-7]
(1) Roof-mounted
solar energy systems shall be installed only on the principal building
of the property.
(2) A
roof-mounted solar energy system shall be mounted parallel to the
roof angle and shall not exceed a height of three feet above the edge
of the roofline or above the highest point of the roof surface or
structure.
(3) A
roof-mounted solar energy system that is to be mounted on a flat roof
may be angled to achieve maximum sun exposure, but shall not exceed
five feet above the roof.
(4) In
no instance shall any part of a roof-mounted solar energy system extend
beyond the roof edge.
(5) An
external disconnect switch shall be provided, and the owner must file
a map with the Township Fire and Police Departments clearly showing
where the disconnect switch is located. The location of the external
disconnect switch must be reviewed and approved by both the Township
Fire and Police Departments prior to installation.
F. Ground-mounted solar energy system, provided the following standards
are met.
[Added 2-25-2019 by Ord.
No. 2019-6]
(1) Ground-mounted solar energy systems shall be permitted as an accessory
use.
(2) Ground-mounted solar energy systems shall not be located within a
front yard or beyond the front wall of the principal building.
(3) Ground-mounted solar energy systems shall not be applied as lot coverage.
(4) No lot shall have more than 50% coverage of the rear yard used for
ground-mounted solar energy structures.
(5) A visual impact assessment shall be provided.
(6) Architectural renderings should be provided to illustrate anticipated
visual impact from the proposed improvements.
(7) Ground-mounted solar arrays in residential areas shall not exceed
400 square feet, or half the size of the principal structure's rooftop,
or whichever is smaller.
(8) Ground-mounted solar arrays shall comply with the setback requirements
of the underlying zone.
(9) Ground-mounted solar arrays exceeding six feet in height as measured
from grade shall be set back an additional two feet from the required
setback for each additional foot in height.
(10)
Adequate distance between rows shall be provided to allow for
access for system maintenance or module replacement.
(11)
The site shall include appropriate warning and guidance signage
related to the solar electric system, including but not limited to
signs indicating the presence of a solar array and the main service
disconnect location.
(12)
All emergency access shall be maintained.
(13)
All proposed utilities should be located underground. If risers
and combiner boxes are proposed, details should be provided.
(14)
Surface treatment of ground cover under the panels should be
provided, such as, but not limited to, Ernst Solar Farm Seed Mix (ERNMX-186).
(15)
All mechanical and electrical equipment not enclosed within
a building shall be fully screened from view. Landscaping shall be
provided to adequately screen views of the panels. Larger evergreen
shrubs should be specified to screen the proposed solar panels. Fencing
shall also be provided at the discretion of the approving authority.
(16)
Energy systems shall meet all New Jersey laws and regulations
as may be amended from time to time.
(17)
An external disconnect switch shall be provided, and the owner
must file a map with the Township Fire and Police Departments clearly
showing where the disconnect switch is located. The location of the
external disconnect switch must be reviewed and approved by both the
Township Fire and Police Departments prior to installation.
(18)
The structural design of any solar energy system shall be signed
and sealed by a professional engineer, licensed in the State of New
Jersey, certifying that the structural design complies with all of
the standards set forth for safety and stability in all applicable
codes then in effect in the State of New Jersey.
(19)
The primary purpose of a solar energy system will be to provide
power for the principal use of the property whereon said system is
to be located and shall not be for the generation of power for commercial
purposes for resale.
G. Removal of solar energy systems. The Township of Mount Laurel reserves
the right to require the removal of any solar energy system, or portion
thereof, which is improperly constructed or maintained, or which poses
an imminent public safety hazard.
[Added 2-25-2019 by Ord.
No. 2019-6]
[Added 7-22-2013 by Ord. No. 2013-7]
A. Solar
energy farms.
[Amended 2-25-2019 by Ord. No. 2019-6]