Borough of Shrewsbury, NJ Article X Zoning District Regulations

§ 94-10.1 Zoning Map and schedule.

A. Establishment, authentication, maintenance and revisions of Zoning Map and schedule.

(1) Zoning Map. The location and boundaries of the districts of the Borough are hereby established as shown on the Zoning Map of the Borough of Shrewsbury, New Jersey, which is attached hereto and is hereby made a part of this chapter, together with all notations, references and designations shown thereon.[1]

[1] Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.

(2) Schedule. A schedule of area, yard and building requirements for zone districts within the Borough of Shrewsbury is hereby established and is attached hereto and is hereby made a part of this chapter, together with all notations, references and designations shown thereon.[2]

[2] Editor's Note: The Schedule of Zoning District Regulations is included as an attachment to this chapter.

(3) Authentication of Zoning Map and schedule. Subsequent to the adoption of this chapter and any revisions to the Zoning Map and schedule of area, yard and building requirements, copies of the Zoning Map and schedule shall be referenced by ordinance number and date of adoption.

(4) Maintenance of the Zoning Map and schedule. Authenticated copies of the Zoning Map and schedule shall be maintained in the office of the Borough Clerk and Zoning Officer and shall be made available for public reference. Copies of all or a part of the official Zoning Map may be reproduced for public distribution. One authenticated copy shall be forwarded to the Monmouth County Planning Board in accordance with § 94-3.13 and N.J.S.A. 40:55D-16. However, the copy of the official Zoning Map maintained in the office of the Borough Clerk shall be the final authority as to the current status of zoning districts in the Borough of Shrewsbury.

(5) Revisions to the Zoning Map and schedule.

(a) When, in accordance with the provisions of § 94-3.10 this chapter and of N.J.S.A. 40:55D-1 et seq., revisions are made in district boundaries or other matters portrayed on the Zoning Map and changes or revisions are made to the schedule, such changes will not become effective until the Zoning Map has been amended, with an entry bearing the date of adoption, ordinance number, a brief description of the change(s) and the name of the person responsible for the Zoning Map or schedule change.

(b) Each ordinance amending the Zoning Map or schedule in any manner shall include the provision that it shall not take effect until the Zoning Map or schedule has been amended in accordance with these provisions.

(c) No changes of any nature shall be made to the Zoning Map or schedule except in conformity with the above procedure. Any unauthorized changes to the Zoning Map or schedule contents by any person or persons shall be considered a violation of this chapter.

B. Interpretation of zone district boundaries.

(1) Zone district boundaries are intended to follow street, railroad, lot or property lines or other natural lines, such as the center line of watercourses, ditches or lagoons, unless such district or zone boundaries are fixed by dimension on the Zoning Map or by description, and shall include contiguous riparian lands subsequently acquired and/or filled, and lands acquired by the accretion or stream diversion by natural causes.

(2) In constructing the Zoning Map, the following rules shall apply:

(a) Boundaries indicated as following the center lines of streets, highways or alleys or streams, rivers or other bodies of water shall be construed to follow such center lines.

(b) Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.

(c) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(d) Boundaries indicated as parallel to or extensions of features indicated in Subsection B(2)(a) through (c) above shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the use of the scale appearing thereon.

(e) Where a zone boundary fixed by dimensions approximately follows and is not more than 20 feet distant from a lot line, such lot line shall be construed to be the zone boundary.

§ 94-10.2 Description of districts.

A. The Borough of Shrewsbury is hereby divided into districts as follows:

R-1	Single-Family Residential Zone
R-1A	Single-Family Residential Zone (Cluster Option)
R-1B	Single-Family/Senior Citizen Residential Zone
R-2	Single-Family Residential Zone
R-3	Single-Family Residential Zone
R-4	Single-Family Residential Zone
R-4.5	Single-Family Residential Zone
R-5	Single-Family Residential Zone
PSC-3	Planned Senior Citizen Residential Zone [Added 6-21-2004 by Ord. No. 837]
AH-MF-8	Affordable Housing Multi-Family Overlay Zone [Added 12-15-2008 by Ord. No. 924]
B-1	Business Zone
B-2	Business Shopping/Office Center Zone
B-3	Business Service Zone [Added 12-15-2008 by Ord. No. 925]
HC/PO	Highway Commercial/Professional Office Zone
P-1	Professional Zone
LI	Light Industrial Zone
LIR-60	Limited Industrial and Research Zone
LIR-88	Limited Industrial and Research Zone

B. The regulations set forth in this chapter for each district shall be minimum regulations and shall apply uniformly to each class of structure or land within the district, except as hereinafter provided.

C. No building shall hereafter be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building to be used, designed or arranged to be used for any purpose unless in conformity with all of the regulations herein specified for the district in which is it located.

D. Every main building shall be located on a lot as defined in this chapter.

E. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.

F. For the purpose of this chapter, uses and structures in each district shall conform to the standards of § 94-8.25, Off-street loading; § 94-8.26, Off-street parking; and § 94-8.34, Signs; which standards shall apply uniformly to each class of structure or land within the district. Development applications not conforming to the aforementioned sections shall require a variance or variances pursuant to this chapter and N.J.S.A. 40:55D-1 et seq.

G. Any application for a development which includes multifamily or single-family attached residential development that is "approvable" and "developable," as defined at N.J.A.C. 5:93-1.3[1], at a gross residential density of six units to the acre or more, shall include an appropriate percentage of the residential units be set aside for low- and moderate-income households.

[Added 12-17-2018 by Ord. No. 1055]

(1) This requirement shall apply to any multifamily or single-family attached residential development, including the residential portion of a mixed-use development, which consists of five or more new residential units, whether permitted by a zoning amendment, a variance granted by a land use board, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, any of which has been adopted or issued subsequent to the effective date of this Subsection G.

(2) For inclusionary projects in which the low- and moderate-income units are to be offered for sale, the minimum set-aside percentage is 20%; for projects in which the low- and moderate-income units are to be offered for rent, the minimum set-aside percentage is 15%.

(3) This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.

(4) This subsection shall not apply to developments containing four or less dwelling units.

(5) All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.

(6) All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.

(7) Where a developer demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this section shall apply only if the net number of dwelling units is five or more.

[1] Editor's Note: Said statutory section is reserved.

§ 94-10.3 Prohibited uses.

A. Any use not specifically listed as a permitted use, an accessory use or a conditional use shall be deemed a prohibited use. This provision shall be liberally construed as protective of the zoning scheme, and any doubt shall be resolved in interpreting the doubtful use as prohibited.

B. The following uses and activities are specifically prohibited in any zone in the Borough of Shrewsbury:

(1) All billboards, signboards, advertising signs and devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.

(2) Auction markets.

(3) Outdoor sales of used vehicles not associated with a new vehicle dealership.

[Amended 10-1-2012 by Ord. No. 989]

(4) Junkyards, automobile wrecking yards or disassembly yards or the sorting of scrap metal, paper, rags or other scrap or recycled materials.

[Amended 10-1-2012 by Ord. No. 989]

(5) Yards for the sale of lumber and other such building materials. This provision shall not apply to the sale of materials from a building on the site of which it is being torn down.

(6) (Reserved)[1]

[1] Editor's Note: Former Subsection B(6), concerning adult bookstores, etc., was repealed 10-1-2012 by Ord. No. 989.

(7) Aviation fields, including heliports.

(8) Massage parlors that do not comply with Chapter 167 adopted October 16, 2006.

[Amended 10-1-2012 by Ord. No. 989[2]]

[2] Editor's Note: This ordinance amended this subsection to add the reference to Ch. 167 and its 2006 adoption date. The referenced provisions are located in Ch. 157, Massage, Bodywork and Somatic Therapy Businesses, adopted in 1976, amended in entirety 10-16-2006 and subsequently amended in entirety 11-21-2011 by Ord. No. 973.

(9) Gasoline, filling and service stations.

(10) Restaurants or other eating or refreshment places, including but not limited to lunch wagons, diners, road stands or any food-dispensing establishments which permit or provide facilities for the consumption of food out of doors on their premises. Restaurants or other eating or refreshment places, unless located in the B-2 Zone District.

[Amended 10-1-2012 by Ord. No. 989]

(11) Fuel storage, other than facilities for use on the premises.

(12) Flea markets as defined in Article II.

[Added 10-1-2012 by Ord. No. 989]

(13) Store and shops primarily engaging in the retail sale or service of electronic smoking devices, liquid nicotine or vapor products.

[Added 10-1-2012 by Ord. No. 989 and 10-3-2017 by Ord. No. 1041]

(14) Body art procedure establishments.

[Added 10-3-2017 by Ord. No. 1041]

(15) Pawnshops or pawn broker establishments.

[Added 10-3-2017 by Ord. No. 1041]

(16) The sale or retail trade of firearms, explosives, or ammunitions, whether conducted in retail establishments or through home businesses.

[Added 10-3-2017 by Ord. No. 1041]

(17) All classes (1 through 6) of cannabis establishment or cannabis distributors or cannabis delivery services, including cannabis cultivators, manufacturers, wholesalers, retailers, cannabis testing facilities, medical cannabis dispensaries, clinical registrant or cannabis retailer, including any alternative treatment centers deemed to hold a medical cannabis dispensary permit pursuant to Section 7 of P.L. 2009, c. 307 (N.J.S.A. 24:61-7), are expressly prohibited within the Borough of Shrewsbury.

[Added 5-17-2021 by Ord. No. 2021-1088[3]]

[3] Editor's Note: This ordinance also provided for the repeal of former Subsection B(17), Alternative treatment centers, added 10-3-2017 by Ord. No. 1041.

§ 94-10.4 R-1, R-2, R-3, R-4, R-4.5 and R-5 Single-Family Residential Zone Districts.

Regulations controlling the R-1, R-2, R-3, R-4, R-4.5 and R-5 Residential Zone Districts shall be as follows:

A. Permitted uses.

(1) A single detached house used as a residence by not more than one family.

(2) Farms and agricultural purposes. No storage of manure or other odor- or dust-producing substances or use shall be permitted within 100 feet of any property line.

(3) Borough parks, playgrounds and other such municipal buildings and uses as are deemed appropriate and necessary by the Borough Council.

(4) Other public buildings of a cultural nature, provided that such buildings shall be located on a lot minimum of 45,000 square feet in the R-1 Zone and 22,500 square feet in the R-2, R-3, R-4, R-4.5 and R-5 Zone.

[Amended 10-1-2012 by Ord. No. 989]

(5) Fairs, bazaars, rummage sales, Christmas tree sales and similar functions or fund-raising activities sponsored and conducted by any nonprofit religious, charitable, philanthropic organization or any public service organization, such as volunteer fire company, first-aid squad or parent-teacher association, provided that such function or activity is located solely on property of the entity sponsoring the function or activity or on property owned by, and with the permission of, the Borough of Shrewsbury and provided further that such function or activity is limited to a period not exceeding two weeks’ duration in any calendar year.

[Amended 10-1-2012 by Ord. No. 989]

(6) Trailers of contractors actively engaged in construction work, provided that said trailers are located on the project and are removed immediately upon the completion of said construction.

(7) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, and adult family care homes for elderly persons and physically disabled adults, as defined and limited by the Municipal Land Use Law.

[Added 10-1-2012 by Ord. No. 989]

B. Permitted accessory uses.

(1) Private garages, subject to the provisions of § 94-8.19.

(2) Family day care serving three or fewer children.

[Amended 12-13-1993 by Ord. No. 670]

(3) Other customary accessory uses and buildings, subject to § 94-5.8 of this chapter, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located on the same lot as the principal building.

(4) Customary farm buildings for the storage of products or equipment located on the same parcel as the principal uses.

(5) Signs, subject to the provisions of § 94-8.34.

(6) Fences and hedges, subject to the provisions of § 94-8.16.

(7) Off-street parking, subject to the provisions of § 94-8.26.

C. Conditional uses, subject to the provisions of Article IX of this chapter.

(1) Places of worship.

(2) Cemeteries.

(3) Educational uses.

(4) Public utilities.[1]

[1] Editor's Note: Former § 94-10.4C(5), Community residences for the developmentally disabled, which immediately followed this subsection, was repealed 3-15-2004 by Ord. No. 831 and 10-1-2012 by Ord. No. 989.

D. Standards and regulations shall be in accordance with the schedule referred to in § 94-10.1 and a part of this chapter.

§ 94-10.5 R-1A Single-Family Residential (Cluster Option and Planned Senior Citizen Development Option) Zone District.

[Amended 11-13-1995 by Ord. No. 708; 8-3-1998 by Ord. No. 751; 12-7-2020 by Ord. No. 2020-1077]

Regulations controlling the R-1A Residential Zone District shall be as follows:

A. Permitted uses: same as § 94-10.4A for the R-1 Residential Zone District.

B. Permitted accessory uses: same as § 94-10.4B.

C. Conditional uses: same as § 94-10.4C.

D. Standards and regulations shall be in accordance with the schedule referred to in § 94-10.1 and further that a cluster option may be granted within an area designated as R-1A on the Zoning Map in accordance with the additional provisions of Subsection E below.

E. R-1A Single-Family Residential Zone (cluster option). Within the R-1A Single-Family Residential Zone, the R-1 Zone regulations shall apply to conventional development or subdivision. In addition, the cluster option may be approved by the Land Use Board with the following standards:

(1) For purposes of calculating gross tract density, the developable tract area shall not include any areas within the 100-year floodplain area as designated by the Federal Insurance Rate Maps, New Jersey Department of Environmental Protection floodplain maps on file with the Environmental Commission or calculated flood-prone areas as approved by the Borough Engineer. A conventional subdivision schematic, excluding the areas noted above, shall be submitted to the Land Use Board for review to determine the maximum number of dwelling units based upon the R-1 Residential Zone District standards. The Land Use Board shall determine the maximum number of units which the applicant may utilize for the cluster option.

(2) Cluster developments shall be based upon a design layout which will provide that all proposed lots abutting existing lots of 22,500 square feet or more shall be equal to or larger than such existing lots but need not be greater in area than the lots required within the R-1 Zone District. All such lots shall conform to the R-1 Zone District standards. The remaining developable tract area may be designed in accordance with the R-2 Zone District standards.

(3) Cluster developments shall be designed to preserve and protect sensitive environmental features, including wetlands, flood-prone areas, marshes, significant wooded areas, areas with shallow depth to water table and other sensitive environmental features which may be identified from the Environmental Commission Natural Resources Inventory Maps, the New Jersey Department of Environmental Protection Coastal Management Policies or field surveys by the applicant and/or Environmental Commission in accordance with §§ 94-5.13 and 94-5.27 of this chapter.

(4) Flood-prone and other sensitive environmental areas shall be protected from future development through conservation easements or other forms of legal restriction preventing construction and/or development other than that agreed to by the Borough Land Use Board and Borough Council within designated sensitive environmental areas.

(5) All cluster development lots shall provide for deed restrictions which will prevent further subdivision for a period of not less than 30 years.

(6) The applicant shall provide an environmental impact statement in conformance with requirements of the New Jersey Department of Environmental Protection, CARFA Rules and Regulations, and the Borough of Shrewsbury Environmental Commission.

(7) The applicant shall provide soil borings taken between December 31 and April 1 to determine soil types, seasonal depth to high-water table and subsurface hydrological profiles in accordance with requirements and under the supervision of the Borough Engineer in accordance with § 94-6.8B(23).

(8) The applicant shall provide a right-of-entry authorization to the property under consideration for the Land Use Board, Environmental Commission, Borough Engineer and their agents and consultants.

(9) All reasonable costs for review of cluster options, boring data and environmental data by the Borough and its consultants shall be paid for by the applicant to an escrow account to be established and maintained by the Land Use Board for each application. Upon final approval, any remaining escrow account funds shall be refunded to the applicant.

F. R-1A Single-Family Residential planned senior citizen development option. Within the R-1A Single-Family Residential Zone, the planned senior citizen development option may be approved by the Land Use Board with the following requirements:

(1) Coordinated development plan.

(a) The planned senior citizen development option shall provide for a coordinated development plan for all contiguous parcels in the development tract and shall include the area designated on the Zoning Map as R-1B and contiguous parcels in the R-1A Zone under the same ownership or control.

(b) The coordinated development plan shall provide for, but not be limited to, coordinated vehicular and pedestrian access and circulation, utilities, stormwater management, common open space and common open space ownership by a homeowners' association unless the subdivision option provided in § 94-10.6A(5)(h) pertaining to the property located in the R-1B Zone is elected, recreation facilities and such other facilities as are necessary to develop and maintain the development as a coordinated development.

(c) Architectural design of buildings, the design of signage, streetlighting, landscaping and pedestrian ways shall be coordinated to present a unified appearance for the entire development.

(d) Upon approval of the coordinated development plan, the development tract need no longer remain under the same ownership or control, provided agreements, covenants and restrictions as are necessary or required to establish the extent of the obligations of all owners within the development tract for the maintenance of the open space areas within the general development plan tract and the utilities, roadways, and other common facilities within and used in connection with the general development plan tract are entered into and duly recorded.

(e) The planned senior citizen development option shall include personal care amenities which shall be available to residents in both the R-1A and R-1B areas of the development.

(f) The minimum tract area shall consist of 65 contiguous acres within the R-1A Zone and all the land in the R-1B Zone.

(2) Age of residents. Residents in said planned senior citizen development shall conform with the age requirements as defined in "planned senior citizen development" in this chapter.

(3) Uses permitted:

(a) Single-family detached dwellings.

(b) Attached single-family dwelling units within the same building, hereinafter referred to as a "multiple dwelling," but no more than six such units in any one building.

(c) Multifamily dwelling units in accordance with provisions of § 94-10.6A(4), Planned senior citizen residential developments, or assisted living facilities or residences in accordance with the provisions of § 94-10.6A(5), to be located within the area designated as R-1B on the Zoning Map.

(d) Recreational and cultural facilities for the sole use of the residents of the development and their guests, including the following: clubhouse, shuffleboard courts and picnic grounds as specifically enumerated hereinafter. Recreational and cultural facilities shall not be limited to the foregoing and so that an applicant may propose additional facilities with his submission. All such facilities shall be subordinated to the residential character of the area, and no advertising shall be permitted.

(e) The following uses may be permitted but are not required:

[1] A screened, unpaved, graveled area for the parking of accessory vehicles not normally utilized for transportation, at a location and of such size approved by the approving agency but not to exceed one parking space for every five dwelling units. Such area shall not be used in computing common open space.

[2] A screened area reserved for storage and care of maintenance equipment of the development, not to exceed 5,000 square feet.

[3] A guard- or gatehouse at the main entrance, not to exceed 200 square feet and not to exceed 16 feet in height.

[4] Garden plots, including raised beds (16 inches to 20 inches), for use by residents.

[5] A greenhouse, including raised beds (16 inches to 20 inches), for use by residents.

[6] Pet walkways.

(f) Model homes and/or sales office in accordance with N.J.S.A. 40:55D-66 and any retail home decoration and furnishings sale facility operated by the developer solely for the use of purchasers of dwelling units therein.

(g) Accessory uses. Accessory uses provided in § 94-10.4B, including necessary accessory buildings and uses, utilities, facilities for street and off-street parking facilities, and personal care amenities, but excepting family day care servicing three or fewer children as would otherwise be permitted under § 94-10.4B(2).

(h) Prohibited uses. All other uses shall be prohibited, including, without limitation, all dwelling units not part of the site development plan submitted by the applicant.

(4) Development standards. No building permits shall be issued or construction commenced within the planned development except in accordance with a general development plan herein described. Such general development plan shall meet at least the following minimum requirements:

(a) Minimum area. The minimum area for a planned senior citizen development shall be 65 contiguous acres under one ownership or control within an R-1A Zone and the area zoned as R-1B on the Zoning Map.

(b) Density and housing unit distribution. There shall be no more than 2.5 dwelling units per gross acre for the entire tract included in the general development plan. Notwithstanding the permitted densities, a planned senior citizen development shall not have more than 1.670 units per acre in the R-1A portion of the site and not more than 12.5 housing units per acre in the R-1B portion of the site.

(c) Residential building and impervious surface coverage. Not more than 15% of the gross tract area shall be covered by residential buildings, and not more than 35% of the site shall be covered by impervious surface.

(d) Common open space. Not less than 50% of the gross tract area shall be devoted to common open space, as defined in N.J.S.A. 40:55D-2, which shall not be developed with buildings or impervious surfaces. All common open space shall conform to N.J.S.A. 40:55D-43.

(e) Residential development shall be designed as a unified development in the R-1A and R-1B Zoning Districts west of Route 35 and south of Sycamore Avenue.

(f) Setbacks.

[1] No building or structure shall be located closer than 25 feet from an accessway, provided that all driveways fronting on said accessway shall be 25 feet or more in length.

[2] No building or structure other than entrance gates or fences shall be located within 75 feet of any exterior boundary line of the tract abutting a residential district zone nor less than 75 feet along a nonresidential zone district or railroad right-of-way. The setback area may include any required buffer strip as provided herein.

[3] No building shall be located closer than 15 feet from a parking lot.

(g) Distance between single-family detached and single-family attached residential buildings.

[1] There shall be a minimum distance of 20 feet between the sides of single-family detached structures.

[2] For single-family attached structures oriented essentially at 90° to each other, the minimum distance between the same shall be 30 feet.

[3] For single-family attached structures oriented essentially end-to-end to each other, the minimum distance between the same shall be 50 feet.

(h) Off-street parking. Off-street parking shall conform with § 94-8.26.

(i) Lighting. Lighting shall be provided on the premises and installed at street intersections and parking areas and at such other places as the Land Use Board may require in accordance with the lighting standards in this chapter.

(j) Accessways.

[1] Accessways shall be constructed in accordance with § 94-8.30, Roadway construction, of this chapter, except as follows:

[a] Minor accessways shall have a paved roadway width of 30 feet.

[b] Collector accessways shall have a paved roadway of 36 feet, and the foregoing measurements shall exclude curb.

[c] Major accessway with public streets. A major accessway, not to Sycamore Avenue, shall be provided and shall be designed to provide for emergency access in the event of an accident, construction or other temporary blockage of the roadway or a portion of the roadway. The accessway shall be divided where practicable, with each cartway not less than 22 feet in width, with mountable-type curbing to help provide for emergency access.

[d] Curbs shall be constructed in accordance with § 94-8.11, Curbs and gutters, of this chapter.

[e] Emergency access, separate from the major accessway, shall be provided.

[2] Provisions shall be made for the permanent maintenance of private roadways located within a planned senior citizen development in accordance with N.J.S.A. 40:67-23.3 pertaining to maintenance of roadways, lighting, etc.

[3] Culs-de-sac of minor accessways and minor collector accessways shall have a minimum curb radius in accordance with § 98-8.40.

[4] There shall be no parking on any of the major accessways.

[5] Residential courts shall provide a minimum curb diameter of 40 feet, and further provided that each unit shall have a minimum parking area of two spaces a minimum of 10 feet by 21 feet outside of the forty-foot-diameter curb.

(k) Sidewalks shall conform to the requirements of § 94-8.33 and shall be installed along the minor and collector accessways and the major accessway on both sides within the development. Additional sidewalks may be required by the Land Use Board to create a unified system of pedestrian circulation within the development and interconnecting to adjacent development, including shopping, park and municipal facilities.

(l) Buffer strip. There shall be provided a fifty-foot screening strip when the development abuts a nonresidential zone or use, a state or county highway or a railroad right-of-way and a twenty-five-foot buffer when the development abuts a residential zone or use. Said buffer strip may be included within any required setbacks.

(m) All on-site and off-site drainage shall be provided for in accordance with the Borough requirements and applicable Borough regulations.

(n) Water and sewerage facilities. Sewage disposal and water distribution systems, including fire hydrants, shall be approved by the Borough Engineer, applicable utilities authority, the Department of Environmental Protection and all other applicable bodies. No building permit shall be issued unless and until plans for such facilities have been submitted to the proper authority for approval and adequate provisions are made to ensure that all necessary facilities shall be installed. All such facilities shall be so constructed as to facilitate their connection to systems which may be provided by the applicable utility.

(o) 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 consistent with applicable Americans With Disabilities Act (ADA) design standards.

(p) Maximum building height for single-family detached or attached dwelling buildings in a planned senior citizen development shall conform to the requirements of the R-1A Zoning District. Maximum building height for multifamily structures within the R-1B portion of the site shall conform to the height requirements of the R-1B Zoning District.

(q) The Land Use Board may grant design waivers from the requirements of this chapter and permit landscaped islands in the center of culs-de-sac, provided that their maintenance and upkeep is not the responsibility of the Borough.

(r) The Land Use Board may grant design waivers from the requirements of this section to vary minimum distances between residential buildings by not more than 10%, consistent with sound planning concepts, where the plan provides for comparable privacy for affected residential uses.

(s) A planned senior citizen development shall provide at least one clubhouse to serve the entire development, with a total habitable area equal to 10.5 square feet for each dwelling unit to be built in the development. In computing the "interior habitable area," all space reserved for mechanical equipment and storage shall be excluded. A multipurpose recreation room facility shall also be provided within the multifamily development or assisted living residence in the R-1B Zone. Such room and facilities shall be open to all residents of the planned senior citizen development. The initial clubhouse shall be completed and in operation before 50% plus one dwelling unit has been completed and a certificate of occupancy issued thereupon. Said clubhouse shall have an adjoining parking area so as to comply with § 94-8.26, Off-street parking, with a minimum of one space per 125 square feet of total habitable area of the clubhouse.

(t) Recreation areas shall comply with § 94-8.28 of this chapter.

(5) Outdoor recreation areas.

(a) Outdoor recreation facilities, including walkways, picnic areas and nature trails, shall be provided and available to all planned development residents. Walkways shall include resting benches spaced an average of 150 feet apart where the walkways are used primarily for walking exercises. Other outdoor facilities may include a swimming or wading pool, shuffleboard courts and other facilities which are consistent with a senior citizen residential population.

(b) Recreational facilities shall be attractively landscaped, with appropriate walkways. An irrigation system shall be provided where grassed recreation areas occur.

(c) Should topographic conditions or particular soil conditions permit, the applicant may, as part of the recreation area, provide a lake for aesthetic purposes, fire protection as well as water recharge and water retention purposes.

(6) The Land Use Board may require the prospective developer of a planned development to file a report of financial qualifications, prepared by a recognized auditing firm, and such other documentation deemed necessary by the Board, to determine the developer's capability of completing the proposed development as part of its findings for a planned senior citizen development in accordance with N.J.S.A. 40:55D-45.

§ 94-10.6 R-1B Single-Family/Senior Citizen Residential Zone District.

Regulations controlling the R-1B Single-Family/Senior Citizen Residential Zone District shall be as follows:

A. Permitted uses.

[Amended 11-13-1995 by Ord. No. 708; 8-3-1998 by Ord. No. 751]

(1) Single-family detached dwelling units in accordance with the R-1 Zone District regulations.

(2) Borough parks, playgrounds and other such municipal buildings and uses as are deemed appropriate and necessary by the Borough Council.

(3) Other public buildings of a governmental or cultural nature, provided that such buildings shall be located on a minimum lot area of 45,000 square feet.

(4) Planned senior citizen residential developments as defined in this chapter comprised of apartments, townhouse or other architectural design of multifamily housing in accordance with the following:

(a) The maximum density shall be 12.5 units per gross acre within the R-1B Zoning District portion of the overall planned senior citizen development. All structures shall comply with minimum New Jersey Housing Mortgage Finance Agency and U.S. Department of Housing and Urban Development standards for senior citizen housing including minimum dwelling unit size, number of units per structure, minimum distance between buildings and other design standards.

(b) Dwelling unit sizes.

[1] Dwelling unit sizes for conventional age restricted housing units shall provide minimum square footage of habitable living areas as follows:

Type of Unit	Minimum Square Footage
Efficiency	630
1 bedroom	720
2 bedroom	900

[2] No units shall have more than two bedrooms.

(c) All conventional multifamily housing development shall include provisions for contracted services for meals and intermittent medical and social services for a period of time to extend not more than three years following the assumption of the facilities by the homeowners' association at which time the homeowners' association may determine whether such services shall be continued on a private or nonprofit basis.

(d) Recreation areas(s) shall be provided within the development site. 6 1/4% of the gross tract area shall be provided for recreation areas and facilities of which 1/2 of the area (3.125% of the site) shall be designed for active recreation facilities, such as shuffleboard, a swimming pool, tennis courts, boccie court, ball and/or playfield area. No active recreation facilities shall be permitted in the front yard. Developments which are part of a planned senior citizen development option in accordance with § 94-10.5F shall provide recreation facilities in accordance with the provisions of that section.

(e) Buffers shall be provided abutting nonresidential zones at a minimum depth of 50 feet in accordance with the provisions of § 94-8.6.

(f) Signs, subject to the provisions of §§ 94-8.43 and 94-10.5F(1)(c).

(g) Fences and hedges, subject to the provisions of § 94-8.16.

(5) Assisted living residences. Assisted living residences as defined in this chapter shall be permitted for adults aged 55 and over. Said assisted living residences shall include personal care amenities. All assisted living residences shall include provisions for the services set forth in this section and for contracted services for meals and intermittent medical and social services and such other services as may be required by the State of New Jersey and any agency regulating the ownership, maintenance and operation of an assisted living residence. An assisted living residence shall be developed in accordance with the following regulations:

(a) Density and housing unit distribution. There shall be no more than three dwelling units per gross acre for the entire tract included in the general development plan. Notwithstanding the permitted densities, a planned senior citizen development with assisted living residences shall not have more than 1.670 units per acre in the R-1A portion of the site and not more than 13.5 housing units per gross acre in the R-1B portion of the site.

(b) All structures shall comply with minimum New Jersey Housing Finance Agency, New Jersey Department of Health and United States Department of Housing and Urban Development standards for the number of units per structure, distance between buildings and other design standards.

(c) Dwelling unit sizes and requirements for ALR's.

[1] Dwelling unit sizes shall provide minimum square footage of habitable living areas as follows:

Type of Unit	Minimum Square Footage
Efficiency/suite	300
1 bedroom	400
2 bedroom	625

[2] No units shall have more than two bedrooms.

[3] Each dwelling unit shall contain a bathroom with a toilet, bathtub and/or shower and hand washing sink.

[4] Each dwelling unit shall contain, at a minimum, a refrigerator, a cabinet for food storage, a bar-type sink and space with electrical outlets suitable for small cooking appliances, for example, a microwave, a two-burner cooktop or a toaster oven.

(d) Parking shall be provided and constructed in accordance with the provisions of § 94-8.26.

(e) Vehicular access.

[1] Notwithstanding any other provisions of this chapter or other chapters of the Borough Code to the contrary, any assisted living residence shall be required to construct and maintain a means of vehicular access to the assisted living residence, whether designated in plans or resolutions as a cartway, driveway, or by any other means, in accordance with the construction standards for public streets within the Borough.

[2] No assisted living residence shall be permitted which does not have frontage on a public street unless vehicular access to a public street is available through recorded easements and restrictions providing access to public streets over access ways which have been improved to meet Borough construction standards with security to ensure maintenance for the effective life of those streets.

(f) Services required.

[1] An assisted living residence shall provide the following services to residents. The ALR services shall be provided only to residents of assisted living residences, persons visiting residents of assisted living residences, the employees of assisted living residences and residents of the planned senior citizen development in the R-1A Zone, it being the intention that such services shall not be commercial establishments open to the public at large.

[a] Assistance with personal care, nursing, pharmacy, dining, activities, recreational and social work services to meet the individual needs of each resident; and

[b] Resident transportation, either directly or by arrangement, to and from health care services provided outside the residence, as well as for transfer of records and resident information to and from the service provider; and

[c] Security and accountability for residents and their personal possessions; and

[d] Assistance in arranging for transportation to activities of social, religious and community groups, in which residents choose to participate.

[e] Emergency medical services.

[2] An assisted living residence shall maintain the following agreements pertaining to services:

[a] A written referral and/or transfer agreement with: at least one licensed acute care hospital in New Jersey; and at least one licensed state, county or private psychiatric hospital in New Jersey; and at least one New Jersey licensed long-term-care facility.

[b] A written plan for arranging for emergency transportation of residents for medical care and returning them to the assisted living residence.

(g) Qualification of residents. The admission and residency requirements of an assisted living residence shall restrict admission and occupancy to residents who:

[1] Do not require twenty-four-hour-a- day, seven-day-per-week nursing care; or

[2] Are not bedridden for more than 14 consecutive days; or

[3] Are not consistently and totally dependent in four or more of the following activities: eating, bathing, dressing, grooming or toileting.

[4] Do not have a cognitive decline severe enough to prevent the making of simple decisions regarding activities such as bathing, dressing and eating, and cannot respond appropriately to cuing and simple directions; or

[5] Do not require treatment of a Stage Three or Four pressure sore or multiple Stage Two pressure sores; or

[6] Do not require more than assistance with transfer as defined in N.J.A.C. 8:36-1.3; or

[7] Are not a danger to self or others; or

[8] Do not have a medically unstable condition and/or special health problems, and a regimen of therapy cannot be appropriately developed and implemented in the assisted living environment.

(h) Recreation areas shall be provided within the development site in accordance with § 94-10.5F.

(i) Buffers shall be provided abutting nonresidential zones at a minimum depth of 50 feet in accordance with the provisions of § 94-8.6.

(j) Signs, subject to the provisions of §§ 94-8.43 and 94-10.5F(1)(c).

(k) Fences and hedges, subject to the provisions of § 94-8.16.

(l) Upon approval of a general development plan which includes development of the property located in the R-1B Zone for an assisted living residence in accordance with this § 94-10.6(A)(5), the property within the R-1B Zone shall be included in the overall general development plan and either: 1) all open space areas and the utilities, roadways, and other common facilities within and used in connection therewith which are so designated or delineated on the general development plan shall be owned and maintained by the organization established in accordance with § 94-6.8A.1(6)(c); or 2) the property located within the R-1B Zone may be subdivided from the remaining land in the general development plan as a separate lot, independent of the remaining portion or portions of the general development plan tract. In the event the R-1B property shall be subdivided as herein provided, such subdivision shall be conditioned upon and subject to such agreements, covenants and restrictions of record as are necessary or required to establish the extent of the obligations of the owner of property within the R-1B Zone for the maintenance of the open space areas within the general development plan tract and the utilities, roadways, and other common facilities within and used in connection with the general development plan tract. Notwithstanding the subdivision of the property located within the R-1B Zone into a separate lot, access to the recreation and personal care amenities located in the R-1B Zone shall be available to all residents of the R-1A Zone, and all clubhouses, recreation facilities and other common facilities located in the R-1A Zone shall be available to all residents of the R-1B Zone.

§ 94-10.7 Business Zones

[Amended 12-15-2008 by Ord. No. 925[1]]

[1] Editor's Note: This ordinance amended this section to consist of only this heading. See also §§ 94-10.7.1 through 10.7.3

§ 94-10.7.1 B-1 Business Zone District.

[Amended 12-15-2008 by Ord. No. 925]

Regulations controlling the B-1 Business Zone District shall be as follows:

A. Permitted uses.

(1) Within any B-1 Zone, no building or land shall be used in whole or in part for any industrial or manufacturing purpose or for any other than the following specified purposes:

(a) Stores and shops for the conduct of any retail trade or service use, such as but not limited to general merchandise stores; furniture, home furnishings and equipment stores; household appliance, radio and television and music stores; apparel and accessory stores; drugstores; jewelry stores; barbershops; shoe repair shops; bakeries; laundromats; florist shops; beauty shops; tailor shops; and similar service uses.

(b) Banks, fiduciary institutions and indoor theaters.

(c) Business and professional offices.

(d) Telephone exchanges, telegraph and express offices.

(e) Residential uses, either as a mixed use or as separate dwelling units.

[Added 10-1-2012 by Ord. No. 989]

(2) For the above uses, no wholesale merchandising or distributing shall be permitted and no merchandise shall be carried or stored in or about the building, structure, enclosure or land other than that intended to be sold at retail within such building, structure, enclosure or land. No business or use shall be carried on in connection with any merchandising establishments or permitted in any building, structure or upon any land which is or is likely to be injurious, obnoxious, offensive or dangerous, by reason of noise, smoke, odor, gas, dust or other objectionable or hazardous features, or which for any reason would hinder, interfere with or detrimentally affect the health, safety, comfort or general welfare of the Borough.

(3) Only electric motive power shall be used for operating any machinery used incidentally to a permitted use. No junk, defunct motor vehicles, scrap materials or motor vehicles advertised for sale or held as stock-in-trade shall be stored or allowed to remain out of doors.

B. (Reserved)[1]

[1] Editor's Note: Former § 94-10.7B, Prohibited uses, was repealed 10-1-2012 by Ord. No. 989.

C. Permitted accessory uses.

(1) Private garages subject to the provisions of § 94-8.19.

(2) Other customary accessory uses and buildings, subject to § 94-5.8, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory use shall be located on the same lot as principal building.

(3) Signs, subject to the provisions of § 94-8.34.

(4) Fences and hedges, subject to the provisions of § 94-8.16.

(5) Off-street parking, subject to the provisions of § 94-8.26.

D. Conditional uses, subject to the provisions of Article IX of this chapter.

(1) Places of worship.

(2) Educational uses.

(3) Public utilities.

E. Standards and regulations shall be in accordance with the provisions of this chapter and with the schedule referred to in § 94-10.1 and contained herein.

§ 94-10.7.2 (Reserved)

[Added 12-15-2008 by Ord. No. 925[1]]

[1] Editor's Note: This ordinance added this section as a reserved section.

§ 94-10.7.3 B-3 Business Service Zone.

[Added 12-15-2008 by Ord. No. 925]

Regulations controlling the B-3 Business Service Zone shall be as follows:

A. Purpose. The purpose of the B-3 Business Service Zone is to permit the development or redevelopment of lands within the district in a manner consistent with smart growth principles by permitting land uses which are compatible with mixed use development, and which are harmonious in character with surrounding neighborhoods and the zone plan of the Borough. Development within the B-3 Zone shall permit apartments as an accessory use to those uses permitted in this chapter. Accessory apartments within this zone shall include affordable housing units for low- and moderate-income families, in order to better promote the general welfare and to create a realistic opportunity for the construction of low- and moderate-income housing within the Borough of Shrewsbury in accordance with the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and the New Jersey Council on Affordable Housing Rules, N.J.A.C. 5:92 through N.J.A.C. 5:95.[1]

[1] Editor's Note: Said statutory sections are reserved provisions.

B. Permitted uses. Within the B-3 Zone, no structure or land shall be used in whole or in part for any use or purpose other than the following:

(1) Stores and shops for the conduct of retail trade including stores and shops for home furnishings, household appliances and goods, consumer electronics, computer equipment and software, toys and games, cameras and photographic equipment, food and beverages, music and musical equipment, pharmacies and drugstores, cosmetics and beauty supplies, jewelry, optical goods, sporting goods, health and personal care supplies, apparel and accessories, shoes, luggage, florists, pets and supplies, art and collectible dealers, books, cards and gifts.

(2) Establishments for the conduct of retail services including dry cleaners, tailor, consumer electronics repair, personal and household goods repair, hair salon, nail and skin care services, travel services, administrative and support services, real estate sales and lending, packaging and shipping of household or personal goods.

(3) Business and professional offices.

(4) Financial and insurance institutions including walk-in banks, credit unions, consumer lending, mortgage and nonmortgage loan brokers, insurance sales, income tax preparation, investment management and advice, and fiduciary institutions.

(5) Child day-care centers which are licensed by the State of New Jersey to operate.

(6) Essential Borough services.

C. Prohibited uses.

(1) Any use not listed as a permitted use or conditional use, and uses listed in § 94-10.3 are prohibited in the B-3 Zone.

(2) Laundromats shall be prohibited in the B-3 Zone.

(3) Medical uses categorized as, or licensed by the New Jersey Department of Health and Senior Services as ambulatory care facilities, comprehensive rehabilitation hospital, general acute care hospital, home health agency, maternal and child health consortium, psychiatric hospital, residential drug treatment facility, residential alcohol treatment facility, or special hospital.

(4) "Surgical care facility" as defined elsewhere in the chapter.[2]

[2] Editor's Note: See Art. II.

(5) No wholesale merchandising or distributing shall be permitted, nor shall merchandise be stored in or about the building or land other than that intended to be sold at retail within said building or structure.

(6) All storage and retail sale of goods or services shall be conducted within the building walls. The outdoor sales or storage of goods is expressly prohibited.

(7) No conduct of any business or use shall be carried out within a structure or land which is likely to be injurious, obnoxious, offensive, or dangerous by reason of noise, smoke, odor, gas, dust, or other objectionable or hazardous features, or which for any other reason would hinder, interfere with or detrimentally affect the health, safety, comfort or general welfare of the Borough.

(8) All places of business engaged in direct sales to the public or merchandise shall be closed to the public and the business therein, together with deliveries to said premises, shall be prohibited before the hour of 6:00 a.m. or after the hour of 10:00 p.m. on all days.

D. Permitted accessory uses.

(1) Customary accessory structures subject to the provisions of § 94-5.8, provided such uses and structures are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory use or structure shall lie on the same lot as the principal building or use.

(2) Signs subject to the provisions of § 94-8.34.

(3) Fences and hedges subject to the provisions of § 94-8.16.

(4) Off-street parking in accordance with the Residential Site Improvement Standards, as well as the provisions of § 94-8.26. Shared parking may be utilized for commercial and residential components of a mixed use development, provided the applicant satisfactorily demonstrates that adequate off-street parking shall be provided for both residential and nonresidential uses during times of peak demand.

(5) Accessory apartments constructed to provide low- and moderate-income housing, and ancillary off-street parking and utilities infrastructure. Where accessory apartments are constructed a minimum of two units, and a maximum of eight units per gross acre shall be constructed as part of any single principal use.

E. Conditional uses subject to the provisions of Article IX of this chapter.

(1) Places of worship.

(2) Educational uses.

(3) Public utilities.

F. Bulk standards and regulations. All uses and structures erected pursuant to this chapter shall be in accordance with the provisions of this chapter and with the schedule of bulk standards and regulations referred to in § 94-10.1 and contained herein.

G. Low- and moderate-income housing obligations.

(1) The developer of any nonresidential use constructed in accordance with this chapter shall be required to satisfy the affordable housing obligation in accordance with the Growth Share Ordinance of the Borough. All or some of the affordable housing obligation may be satisfied by making payments in lieu of constructing the affordable housing units. These payments shall be made pursuant to the applicable criteria of COAH.

(2) The developer, at its option, may satisfy the affordable housing obligation through the construction of affordable housing units on site in the form of accessory apartments. Accessory apartments shall be constructed in accordance with N.J.A.C. 5:97-6.8.[3] In such mixed use developments, a minimum of 20% of accessory apartments constructed shall be low- and moderate-income units.

[3] Editor's Note: Said statutory section is a reserved provision.

(3) As a compensatory benefit to constructing affordable housing, developments which are designed to contain accessory apartments shall conform to the following modifications to the Table of Zoning and Bulk Standards for the B-3 Zone:

(a) Maximum impervious coverage: 75%.

(b) Maximum building coverage: 50%.

(c) Maximum building height: 45 feet or three stories.

(d) Maximum floor area ratio: 0.60.

(4) All affordable housing units shall comply with N.J.A.C. 5:97-9[4] and the Uniform Housing Affordability Controls (UHAC).

[4] Editor's Note: Said statutory section is a reserved provision.

(5) All improvements constructed as part of the residential component of a mixed use development shall be in accordance with the Residential Site Improvement Standards found at N.J.A.C. 5:21.

§ 94-10.8 B-2 Business Shopping/Office Center Zone District.

Regulations controlling the B-2 Business Shopping/Office Center Zone District shall be as follows:

A. Permitted uses. No building shall hereafter be erected and no existing building shall be moved, altered, enlarged or rebuilt nor shall any land be designed, used or intended to be used for any purpose other than the following:

(1) Shopping centers incorporating those uses permitted in the B-1 Business Zone. It is the intent of this chapter that development in the B-2 Zone District situated between White Street and Monroe Avenue shall achieve the Master Plan objective of becoming a commercial and business center.

(2) Restaurants and other establishments serving food are permitted in shopping centers provided that at least one parking space for each 50 square feet of gross floor area is provided.

[Added 10-1-2012 by Ord. No. 989]

B. Prohibited uses. In addition to prohibited uses included in § 94-10.3, residential uses and dwellings are hereby prohibited within the B-2 Zone District.

C. Permitted accessory uses.

(1) Private garages, subject to the provisions of § 94-8.19.

(2) Other customary accessory uses and buildings, subject to § 94-5.8, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory use shall be located on the same lot as the principal building.

(3) Signs, subject to the provisions of § 94-8.34.

(4) Fences and hedges, subject to the provisions of § 94-8.16.

(5) Off-street parking, subject to the provisions of § 94-8.26.

D. Conditional uses, subject to the provisions of Article IX of this chapter.

(1) Public utilities.

E. Standards and regulations shall be in accordance with the provisions of this chapter and with the schedule referred to in § 94-10.1 and contained herein.

§ 94-10.9 HC/PO Highway Commercial/Professional Office Zone District.

Regulations controlling the HC/PO Highway Commercial/Professional Office Zone District shall be as follows:

A. Permitted uses.

(1) Any use permitted in the B-1 Zone District, except shopping centers.

(2) Automobile sales of new motor vehicles with used motor vehicles as accessory sales only and only if located on the same lot as new motor vehicle sales, and automobile servicing and repair, provided that any repairs, vehicles processing and sale offices shall be contained within a structure.

[Added 10-1-2012 by Ord. No. 989]

(3) Any use permitted in the P-1 Zone District.

(4) Any use permitted in Subsection A(1) of the Light Industrial Zone District,[1] subject to the same requirements therein.

[Added 7-14-1997 by Ord. No. 737; amended 10-5-2020 by Ord. No. 1076]

[1] Editor's Note: See § 94-10.11A(1).

B. Prohibited uses.

(1) Any prohibited uses contained in § 94-10.3.

(2) Residential uses and dwellings are hereby prohibited with the HC/PO Zone District.

(3) Industrial, manufacturing or warehousing, including miniwarehousing and including such prohibited uses listed in the LI Light Industrial Zone District in § 94-10.11B.

C. Permitted accessory uses.

(1) Private garages, subject to the provisions of § 94-8.19.

(2) Other customary accessory uses and buildings, subject to § 94-5.8, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory use shall be located on the same lot as the principal building.

(3) Signs, subject to the provisions of § 94-8.34.

(4) Fences and hedges, subject to the provisions of § 94-8.16.

(5) Off-street loading, subject to the provisions of § 94-8.25.

(6) Off-street parking, subject to the provisions of § 94-8.26.

§ 94-10.10 P-1 Professional Zone District.

Regulations controlling the P-1 Professional Zone District shall be as follows:

A. Permitted uses.

(1) Single-family detached dwellings.

(2) Offices and facilities of medical doctors, dentists, architects, engineers, lawyers, insurance agents, accountants, land surveyors, planners or related professional services licensed by the State of New Jersey.

(3) Within the P-1 Zone District on Sycamore Avenue, the following additional uses are permitted: banks, lending or other fiduciary facilities, realtors and municipal buildings and uses as are deemed appropriate by the Borough Council.

(4) Other public buildings of a cultural nature.

[Amended 10-1-2012 by Ord. No. 989]

(5) Fairs, bazaars, rummage sales, Christmas tree sales and similar functions or fund-raising activities sponsored and conducted by any nonprofit religious, charitable, philanthropic organization or any public service organization, such as volunteer fire company, first-aid squad or parent-teacher association, provided that such function or activity is located solely on property of the entity sponsoring the function or activity or on property owned by, and with the permission of, the Borough of Shrewsbury, and provided further that such function of activity is limited to a period not exceeding two weeks’ duration in any calendar year.

[Added 10-1-2012 by Ord. No. 989]

(6) Trailers of contractors actively engaged in construction work, provided that said trailers are located on the project and are removed immediately upon the completion of said construction.

B. Architectural requirements.

(1) Within the Patterson Street P-1 Zone District, converted and new professional offices shall be designed to be compatible in scale, construction and facade treatment with the residential character of buildings within the Zone District in accordance with § 94-5.20.

(2) Within the Sycamore Avenue P-1 Zone District, all new construction and converted structures, including accessory structures, shall have an exterior architectural style of a colonial or early American nature which shall be compatible with and complementary to the existing historical structures and character of the P-1 District and other historic structures on Sycamore Avenue within the Borough.

C. Permitted accessory uses.

(1) Private garages, subject to the provisions of § 94-8.19.

(2) Family day care serving three or fewer children.

[Amended 12-13-1993 by Ord. No. 670]

(3) Other customary accessory uses and buildings, subject to § 94-5.8 of this chapter, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located on the same lot as the principal building.

(4) Signs, subject to the provisions of § 94-8.34.

(5) Fences and hedges, subject to the provisions of § 94-8.16.

(6) Off-street parking, subject to the provisions of § 94-8.26, and further provided that all parking must be located to the rear or side of buildings within that zone, and no such parking area shall be located closer than 50 feet to any street or closer than 10 feet to any side or rear property line.

D. Conditional uses. Subject to the provisions of Article IX of this chapter.

(1) Places of worship.

(2) Educational uses.

(3) Public utilities.

(4) Philanthropic or charitable uses.[1]

[1] Editor's Note: Former Subsection D(5), regarding community residences, which immediately followed this subsection, was repealed 10-5-2020 by Ord. No. 1076.

E. Standards and regulations shall be in accordance with the schedule referred to in § 94-10.1 and contained in this chapter.

§ 94-10.11 LI Light Industrial Zone District.

Regulations controlling the LI Light Industrial Zone District shall be as follows:

A. Permitted uses.

(1) Within any LI Zone and except as provided in §§ 94-4.1 through 94-4.7 hereof, no building or land shall be used in whole or in part for any other than the following purposes:

(a) Any "light industry," which is hereby defined as any industry which manufactures, processes, assembles or otherwise treats products, the manufacture, assembly or treatment of which does not cause or result in or will not tend to cause or result in toxic or objectionable or corrosive fumes, vapors, odors, effluent, gas, smoke, dust, glare, flashes or excessive noise or vibration, including buildings and structures for offices and distribution purposes incidental to the light industry herein defined, and which light industry purpose conforms to the following:

[1] Any and all manufacturing, processing, assembling or treatment shall be carried on within and confined to an enclosed structure or structures.

[2] Any and all buildings and structures used for light industry shall comply with the Schedule of Zoning District Regulations, except that for any and all buildings and structures located within the LI Zone District east of the railroad (Block 31, Lot 1) shall be set back at least 150 feet from the center line of any public street or public road on which the premises abuts or fronts. The space provided for a front yard setback, except sidewalks and such reasonable ways for ingress and egress to and from the premises or any building or structures thereon from and to any public street or road, shall be grass-seeded and landscaped and remain at all times free of parking, loading and unloading. No building or structure on any property in any LI Zone shall be used, placed or erected nearer than 15 feet of a side yard line and 30 feet of a rear yard line to any building or structure or any other property.

(b) New automobile sales facilities, including appurtenant automobile servicing.

(c) All uses permitted in the P-1 Zone.

(d) Banks and fiduciary institutions.

(e) Indoor theaters.

(f) Business and professional offices.

B. Prohibited uses. Within any LI Zone, no building or land shall be used in whole or in part for purposes, including but not limited to the following purposes:

(1) Any uses prohibited in § 94-10.3.

(2) Any uses allowed or permitted in B-1 or B-2 Zones, with the exception of those specifically permitted in Subsection A above.

(3) Any of the following principal uses or any principal uses similar to the following:

Animal hospitals or kennels housing more than three animals and nearer than 100 feet to any residential zone

Asbestos manufacturing

Asphalt plants

Automobile wrecking

Boiler shops, steel car or locomotive shops, railway repair shops and metal working shops and all shops or industries operating reciprocating hammers or reciprocating chisels

Brick, pottery, tile and terra-cotta manufacturing

Celluloid, pyroxylin or plastic manufacturing or explosive or inflammable cellulose or pyroxylin products manufacturing or storage

Cupola or metal-smelting furnace

Dye or dyestuff manufacturing

Flour or grain mill

Forge or foundry works

Gas (illuminating or heating) manufacture or storage

Grain drying or poultry feed manufacturing from refuse, mash or grain

Hair or hair products manufacturing

Junkyards

Linoleum, oilcloth or oiled goods manufacturing

Meat packing

Metal or ore reduction or smelting

Motels

Paper and pulp manufacturing

Plaster manufacturing

Potash manufacturing or refining

Rock or stone crusher, mill or quarry

Rubber, caoutchoue or gutta-percha manufacturing or treatment from crude or scrap material or the manufacturing of articles therefrom or from balata

Sewage disposal plant, except by the municipality

Shoeblacking or shoe polish or stove polish manufacturing

Slaughterhouse, including packing and storage for wholesale

Soda ash, caustic soda or washing compound containing chlorine or bleaching powder manufacturing or refining

Steel furnace, blooming or rolling mill

Storage, drying, cleaning of iron, junk, rags, glass, cloth, paper or clipping, including sorting, refining, baling, wool pulling and scouring

Tannery

Tar or asphalt roofing or waterproofing manufacturing

Tourist camp or trailer camp

Vinegar manufacturing

C. Permitted accessory uses.

(1) Private garages subject to the provisions of § 94-8.19.

(2) Other customary accessory uses and buildings, subject to § 94-5.8, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory use shall be located on the same lot as the principal building.

(3) Signs, subject to § 94-8.34.

(4) Fences and hedges, subject to § 94-8.16.

(5) Off-street loading, subject to § 94-8.25.

(6) Off-street parking, subject to § 94-8.26.

D. Conditional uses, subject to the provisions of Article IX of this chapter.

(1) Public utilities.

(2) Sexually oriented business is a conditionally permitted use subject to the provisions of Article IX.

[Added 10-1-2012 by Ord. No. 989]

E. Standards and regulations shall be in accordance with the schedule referred to in § 94-10.1 and contained in this chapter.

§ 94-10.12 LIR-60 and LIR-88 Limited Industrial and Research Zone Districts.

Regulations controlling the LIR-60 and LIR-88 Limited Industrial and Research Zone Districts shall be as follows:

A. Permitted uses.

(1) Office buildings for a scientific research or engineering facility.

(2) Office buildings for executive, administrative, business or professional users and purposes, provided that the same are of a nonmanufacturing nature. The permitted uses are such as, but not limited to, insurance, banking, data processing and computer operations.

B. Permitted accessory uses.

(1) Private garage space for the storage of vehicles utilized in conjunction with a permitted used within the principal building(s).

(2) Off-street parking, subject to the provisions of § 94-8.26 and Subsection D(2) below.

(3) Signs, subject to the provisions of § 94-8.34.

(4) Fences and hedges, subject to the provisions of § 94-8.16.

(5) Buffers, subject to the provisions of § 94-8.6.

C. Conditional uses, subject to the provisions of Article IX of this chapter.

(1) Public utilities.

(2) Places of worship.

D. Standards and regulations in accordance with the schedule referred to in § 94-10.1 and a part of this chapter and also as follows:

(1) No building shall be constructed within 150 feet of any property zoned for residential use in a LIR-88 Zone District or 75 feet in a LIR-60 Zone District.

(2) Parking. Off-street parking shall be provided in accordance with § 94-8.26 and shall be located as follows:

(a) Within 800 feet of Broad Street in any yard not closer than 20 feet to any street line or rear property line.

(b) In the area beyond the eight-hundred-foot line, in any yard, but not in any front or side yard, except for the installation of a parking area for visitors and the handicapped, but not closer than 50 feet to any street line or property line.

(c) Within an LIR-60 Zone District, within any side or rear yard but not in a front yard nor closer than 15 feet to any property line.

§ 94-10.13 Areas of special flood hazard. [1]

[Amended 8-18-2003 by Ord. No. 811; 12-7-2020 by Ord. No. 2020-1077]

A. Purpose.

(1) The flood hazard areas of the Borough of Shrewsbury are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affects the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately floodproofed, elevated or otherwise protected from flood damage, also contribute to the flood loss.

(2) It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a) Protect human life and health.

(b) Minimize expenditure of public money for costly flood-control policies.

(c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

(d) Minimize prolonged business interruptions.

(e) Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges, located in areas of special flood hazard.

(f) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.

(g) Ensure that potential buyers are notified that property is in an area of special flood hazard.

(h) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

B. Applicability. Any and all lands or portions of lands which extend into, traverse or lie within the areas of special flood hazard or floodplains as delineated and defined below shall be subject to the rules and regulations as set forth herein as well as the other development regulations applicable to the zone district in which said lands are placed:

(1) The areas of special flood hazard identified on the Flood Insurance Rate Map by the Federal Insurance Administration for the Borough of Shrewsbury, Monmouth County, New Jersey, dated August 1, 1979, and as may be amended.

(2) Maps prepared in 1980 and 1981 by the New Jersey Department of Environmental Protection delineating flood hazard areas which are on file with the Borough Clerk.

(3) In areas which are not mapped, flood-prone areas may be delineated by engineering calculation for a 100-year design storm in a manner acceptable to the Borough Engineer.

(4) In cases where there are conflicts between maps and/or design storm calculations, the more-stringent shall apply.

C. Prohibited uses. No person shall hereafter engage in or cause other persons to engage in any of the following prohibited activities or land uses within any portion of a flood hazard area, except as permitted as a lawful preexisting use pursuant to Article IV of this chapter:

(1) The placing, depositing or dumping of any solid waste.

(2) The dumping, disposal or discharge of pesticides, domestic or industrial wastes, radioactive materials, petroleum products or other hazardous materials, except as authorized under other provisions of law, including authorized Mosquito Control Commission programs.

(3) Any use which is not permitted in the district regulations of Article X of this chapter for the zone district in which the flood hazard area is located.

D. Regulated uses. For purposes of this subsection, regulated uses are activities and land uses within the flood hazard area which:

(1) Are not prohibited under Subsection C.

(2) Result in excavation, fill or grading.

(3) Require channel modification or relocation.

(4) Require, under the terms of this chapter, approval of a subdivision, site plan, or conditional use or require a variance pursuant to N.J.S.A. 40:55D-70c, 40:55D-70d and 40:55D-76a.

(5) Require the erection of a structure or building (temporary and permanent).

E. Floodplain encroachment permit required.

(1) Subject to the provisions of § 94-10.13P of this chapter, no person shall hereafter engage or cause other persons to engage in any development or regulated use in a flood hazard area as defined herein unless and until such person shall have applied for and received from the administrative officer (Zoning Officer) a floodplain encroachment permit.

(2) Where a lot, tract or parcel is proposed for development and a portion of said lot, tract or parcel lies within a flood hazard area, a zoning permit may be issued without the prior approval and issuance of a floodplain encroachment permit, provided that said development does not in any way during or as a result of construction or development disturb the natural condition of or encroach upon the flood hazard area and/or result in any man-made change to the flood hazard area, including the placement therein of buildings or structures or mining, dredging, filling, grading, paving, excavation or drilling; and provided moreover that said development does not require site plan, subdivision or conditional use approval nor require the issuance of any variance. The administrative officer (Zoning Officer) may require such information prior to the issuance of the zoning permit and impose such conditions to assure that the development does not disturb or encroach upon the flood hazard area.

(3) Minor uses or activities within a flood hazard area, such as, but not limited to, gardens, flower beds, open fences, temporary play equipment, lawn furniture or the removal of dead or diseased trees, which are accessory to and normally associated with the enjoyment of a single-family dwelling and which, in the opinion of the administrative officer (Zoning Officer), do not alter or increase the flood hazard do not require a floodplain encroachment permit.

(4) Practices within a flood hazard area that are related to a farm, such as terracing, construction of diversions, subsurface drainage, construction of grassed waterways and dug ponds, shall be designed and constructed under the supervision of the Freehold Soil Conservation District and shall be considered a regulated use for which the issuance of a floodplain encroachment permit is required.

F. It shall be the duty and responsibility of the administrative officer (Zoning Officer) to issue or deny an application for a floodplain encroachment permit after consultation with the Borough Engineer and the Construction Official in accordance with the following. He shall:

(1) Review all such applications to determine that the permit requirements of this section have been satisfied.

(2) Review all such applications to require that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.

(3) When base flood elevation data has not been provided in accordance with § 94-10.13B, obtain, review and reasonably utilize other base flood elevation data available from a federal, state or other source, upon approval and acceptance by the Borough Engineer, in order to administer this section.

(4) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including the basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

(5) Review all zoning permits to determine if the proposed development is located in the floodway; if located in the floodway, assure that the encroachment provisions of § 94-5.27 are met.

(6) Determine that the development complies with the design standards of § 94-5.27.

(7) For all new or substantially improved floodproofed structures:

(a) Verify and record the actual lowest floor elevation (in relation to mean sea level); and

(b) Maintain the floodproofing certifications required in § 94-10.13H.

(8) Maintain for public inspection all records pertaining to the provisions of this section.

(9) Alteration of watercourses:

(a) Notify adjacent communities and the New Jersey Department of Environmental Protection prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.

(b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(10) For any development application involving a regulated use and for which approval of a subdivision, site plan, conditional use or a variance is required, the administrative officer (Zoning Officer) shall refer said application to the Land Use Board for review and approval, approval with conditions or denial of the floodplain encroachment permit in accordance with § 94-10.13I.

G. Duties and responsibilities of the Land Use Board. In those cases where an application for development requires a floodplain encroachment permit for a regulated use as a precondition to the issuance of a zoning permit as set forth in § 94-10.13F, then the Land Use Board shall have the same power to act on the application for a floodplain permit subject to the same restrictions and requirements as the Land Use Board.

H. Application procedures.

(1) Where an application for development is classified as a regulated use within a flood hazard area, the applicant shall submit for a floodplain encroachment permit the following to the administrative officer (Zoning Officer):

(a) An application fee.

(b) Four copies of the floodplain encroachment application form and plans showing the following information:

[1] A plan, drawn to scale, showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.

[2] The elevation, in relation to mean sea level, of the lowest floor (including the basement) of all structures.

[3] The elevation, in relation to mean sea level, to which any nonresidential structure has been floodproofed.

[4] Plans showing how any nonresidential floodproofed structures will meet the floodproofing criteria of § 94-5.27F.

[5] A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(2) Distribution.

(a) The administrative officer (Zoning Officer) shall distribute the application form and plans as follows:

[1] One copy to the Construction Official.

[2] One copy to the Zoning Officer.

[3] Two copies to the Borough Engineer's office.

(3) All information shall be complete, responsive and accurate to the best of the applicant's knowledge and ability and, if required, be prepared by a licensed professional engineer, architect and/or land surveyor.

(4) Declaration of completeness of submission of additional information. Within 30 days of its submission, the administrative officer shall take action on an application for a floodplain encroachment permit. Such action may approve, deny or declare incomplete said application or notify the applicant that the development requires approval by the Land Use Board. The applicant shall be notified in writing of the action taken. If the application is incomplete, the applicant shall be notified of the additional items or information required to complete the application. Failure of the applicant to furnish such information within 20 days of being so notified will result in denial of the application. The administrative officer shall not issue a floodplain encroachment permit unless a favorable report has been issued by the Borough Engineer's officer and any required prior approval of the Land Use Board has been granted.

I. Development applications to be consolidated with floodplain encroachment permit applications.

(1) Any person who intends to apply for a floodplain encroachment permit hereunder, and who further intends to apply for conditional use approval, for subdivision approval, for site plan approval or for any variance pursuant to N.J.S.A. 40:55D-70c, 40:55D-70d or 40:55D-76a shall consolidate all information required by the floodplain encroachment application to be platted with all tentative and final subdivision plats, site plans or other such plans submitted pursuant to this chapter. Additional copies of the floodplain encroachment application form shall be submitted as required by the Board.

(2) Where platted information has been consolidated as herein required, the Land Use Board shall consider simultaneously the application for a floodplain encroachment permit and the application for subdivision, site plan, conditional use or variance approval.

(3) Where platted information has been consolidated as herein required, such consolidation shall not constitute a waiver of the requirements of any other provision of this chapter or any other ordinance, except that the Land Use Board may refrain from taking any action on such floodplain encroachment permit application until final subdivision, site plan, conditional use or variance approval is granted or denied.

(4) This subsection is in no way intended to excuse any applicant for subdivision or site plan approval from any other applicable provisions of this chapter or any other provisions of law but is solely intended to eliminate the necessity for dual submission.

J. A floodplain encroachment permit may be issued if, after review and consideration of the application, with due regard for the criteria of this chapter, the use or activity as proposed by the applicant, or as conditioned by the approving authority:

(1) Has low flood damage potential.

(2) Neither obstructs flood flows nor increases flood heights or velocities unduly, whether acting alone or in combination with other existing or expected uses.

(3) Does not increase significantly the rate of local runoff, erosion and sedimentation.

(4) Does not degrade significantly the water-carrying capacity of any delineated floodway or channel.

(5) Does not degrade significantly the quality of surface water or the quality and quantity of groundwaters.

(6) Does not stress unduly the environment of the floodplain.

(7) Does not require channel modification or relocation.

(8) Does not involve the storage of hazardous materials.

(9) Does not require excessive fill.

(10) Complies with the design standards of § 94-5.27.

(11) Is elevated in accordance with § 94-5.27E in the case of residential structures, or is elevated or floodproofed in accordance with § 94-5.27F in the case of nonresidential structures.

K. Conditional issuance. The approving authority may impose such conditions on regulated uses as it deems necessary to promote and protect the public safety, health and welfare, to protect public and private property, and to preserve, protect and enhance the natural environment of the floodplain.

L. Certification prior to occupancy. Prior to the issuance of a certificate of occupancy for buildings or structures erected within a special flood hazard area, an engineer or architect licensed in the State of New Jersey must certify that such buildings and structures have been built to comply with § 94-5.27E, F and/or G, as applicable.

M. Revocation of floodplain encroachment permits. Floodplain encroachment permits may be revoked by the municipal agency or administrative officer (Zoning Officer) for any violation of these regulations or for violations of any permit conditions. Continuation of the use or activity subsequent to revocation shall be deemed a violation of this chapter.

N. Penalties. Any persons engaging in a use or activity prohibited in this section or engaging in an activity without receiving a floodplain encroachment permit where one is required shall be subject to the penalties of § 94-3.9A.

O. Design waivers. An applicant desiring a waiver of the design conditions and standards required for the issuance of a floodplain encroachment permit may appeal to the Land Use Board for a waiver in accordance with § 94-5.27J.

P. Maintenance, repair, expansion and reconstruction of uses within a flood hazard area. Uses of land or structures in a flood hazard area which lawfully existed on or before the effective date of this chapter shall be permitted to remain, subject to the following conditions:

(1) Routine maintenance and repair of preexisting structures are permitted and do not require a floodplain encroachment permit.

(2) No preexisting structure or use defined as a regulated use in a floodplain shall be expanded or enlarged unless a floodplain encroachment permit has been received.

(3) If a preexisting structure is damaged by any means, including floods, to the extent that the cost of reconstruction or repair exceeds 50% of the reproduction cost, such structure shall not be reconstructed unless a floodplain encroachment permit has been applied for and received.

(4) If a structure is substantially and lawfully under construction on or before the effective date of the regulations, then such a structure may be completed without a floodplain encroachment permit.

(5) No preexisting use shall be changed or modified so as to increase its flood damage potential, unless a floodplain encroachment permit has been applied for and received.

(6) Routine maintenance and repair of a structure for which a floodplain encroachment permit has been granted is permitted and shall not require additional floodplain encroachment permits. Maintenance and repair shall comply with the terms of the original permit.

(7) If a structure for which a floodplain encroachment permit has been granted is destroyed to the extent that the cost of repair exceeds the reproduction cost, such structure shall not be reconstructed unless a new floodplain encroachment permit has been applied for and received.

Q. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of special flood hazard or uses permitted within such area will be free from flooding or flood damages. This section shall not create liability on the part of the Borough of Shrewsbury, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this section or chapter or any administrative decision lawfully made thereunder.

[1] Editor's Note: See also Ch. 122, Flood Hazard Areas.

§ 94-10.14 Planned development.

[Added 11-13-1995 by Ord. No. 708; amended 12-7-2020 by Ord. No. 2020-1077]

A. Purpose. The purpose of these provisions is to provide a range of flexibility in planned developments within which special land use situations and conditions may be accommodated.

B. Planned development option. As an alternative to conventional development, the Land Use Board may authorize planned developments within zones designated for a planned development option in accordance with plans and proposals which conform to the requirements of this section. The standards herein establish the limits of discretionary action which may be taken by the approving authority administering these provisions. No deviation from these standards may be granted pursuant to N.J.S.A. 40:55D-70.

(1) Standards for type, density or intensity of use. Planned developments may be approved by the Land Use Board in conformity with the standards governing the type, density, or intensity of use set forth by this subsection.

(a) The minimum tract size shall be 65 acres.

(b) All lands remaining outside of public streets, building lots and any other parcels approved for special purposes shall be set aside as open space. The boundaries of any open space parcels shall be designed to coincide with adjoining open space parcels, whether existing or proposed, so as to extend and expand upon an overall open space network for the Borough.

(2) Variations of standards. The type and density or intensity shall be varied from that otherwise permitted within a planned development in consideration of the amount, location and proposed use of common open space; the location and physical characteristics of the site; and the location, design and type of dwelling units and other uses as set forth by this subsection.

(3) Deviations within planned developments. Within planned developments, deviations in the standards for type, density or intensity of use may be authorized by the Land Use Board by designating areas to be developed under different standards in accordance with the limitations set forth by this subsection and those set forth for each designated planned development area.

(a) A land use map delineating and classifying areas for each variation shall be established for all planned developments. Land use maps shall be approved where the Land Use Board finds the following requirements to be satisfied:

[1] The land use proposals are consistent with the policies articulated in the adopted Master Plan as relates to land use, community facilities and housing.

[2] The open space proposals protect any special environmental features by preserving land in an open, undeveloped state, create suitable areas for organized outdoor recreation and are consistent with the policies articulated in the adopted Master Plan as relates to open space and environmental features as identified and recommended in the Shrewsbury Borough Environmental Resources Inventory prepared by the Shrewsbury Borough Environmental Commission.

[3] The circulation proposals provide for a closed traffic circulation system, provide a pedestrian path network linking all parts of the development and are consistent with the policies articulated in the circulation element of the adopted Master Plan.

[4] The utilities proposals are consistent with the policies articulated in the adopted Master Plan as relate to stormwater management, utilities, local services and fiscal impact on the county, municipality and special districts, including the County Solid Waste Management District.

[5] The overall proposals are consistent, inasmuch as is reasonably practicable, with other existing, planned or potential developments adjacent to the planned development.

(b) Classifications for land use areas shall correspond with the optional zone classifications enumerated for each planned development designated area. Substitute classifications may be approved by the Land Use Board to accommodate substitute bulk standards and shall be consistent with this section as follows:

[1] Substitute classifications shall provide for the type, density or intensity of use.

[2] Substitute classifications shall provide uniform standards which are of equal stringency for the type, density or intensity of use.

[3] Substitute classifications shall provide standards which are consistent with the limitations established for the PD designated area.

(4) Bulk standards. The standards for the design, bulk and location of buildings for planned developments shall be evaluated by the Land Use Board and approved where they are found to be in conformity with the regulations set forth by this subsection and those set forth for each planned development designated area.

(a) The standards employed shall be those standards for the zones or the planned development option standards which correspond to the land use classifications established for each delineated land use area. The Land Use Board may approve substitute bulk standards as follows:

[1] Substitute bulk standards shall provide for minimum lot area, width and depth; minimum setbacks along streets and other lot lines and wetland properties; maximum lot coverage; maximum floor area ratio; minimum improvable tract area and general design standards for multifamily residential development; exceptions for accessory buildings; and requirements for parking, landscaping, lighting and other improvements.

[2] Substitute bulk standards shall provide standards which are of equal or greater stringency to the corresponding zones or planned development options with respect to minimum lot area; maximum building height measured in feet and stories; maximum floor area ratio; and minimum improvable tract area for multifamily residential development.

[3] The Land Use Board shall notify the governing body and Tax Assessor, by adopted resolution, within five days of approval of substitute bulk standards approved for any planned development.

(5) Zoning. Changes in zoning effectuated through the planned development approval shall be recorded on the Zoning Map.

(a) Upon approval, the area comprising an approved planned development shall be delineated along with the name and date of approval of the proposed planned development on the Zoning Map.

(b) The zoning standards shall be recorded through deed restrictions upon final approval, and the Zoning Map shall be periodically amended to reflect the completion of sections of a planned development.

(6) Plans. Development shall be in conformity with site plans, subdivisions and any general development plan as approved by the Land Use Board.

§ 94-10.15 PSC-3 Planned Senior Citizen Residential Zone District.

[Added 6-21-2004 by Ord. No. 837; amended6-5-2006 by Ord. No. 873; 6-23-2008 by Ord. No. 916; 12-19-2011 by Ord. No. 975; 11-17-2014 by Ord. No. 1009; 12-7-2020 by Ord. No. 2020-1077]

The PSC-3 Planned Senior Citizen Residential Zone District is hereby created on Block 70.2, Lot 6.

A. Purpose. The purpose of the PSC-3 Planned Senior Citizen Residential Zone District is to provide for the development of a planned senior citizen residential development on contiguous parcels within a single development tract as a general development plan. The development plan shall provide for, but not be limited to, coordinated vehicular and pedestrian access and circulation, utilities, stormwater management, common open space, recreation facilities and other facilities as may be necessary to develop and to maintain the planned development through a common ownership association.

B. Design. The planned senior citizen development shall be designed to preserve and protect sensitive environmental features, including wetlands, flood-prone areas, marshes, significant wooded areas, areas with shallow depth to water table, and other sensitive environmental features which may be identified from the Natural Inventory Maps prepared by the Environmental Commission, the New Jersey Department of Environmental Protection Maps, and studies or field surveys in accordance with § 94-5.13, Preservation of environmentally sensitive features, and § 94-5.27, Floodplain management.

C. Planned senior citizen development. The developer of a planned senior citizen development shall obtain a general development plan approval in accordance with N.J.S.A. 40:55D-65c (Planned Development) for contiguous parcels in the development tract in accordance with the following:

(1) The architectural design of the buildings, exterior materials, signage, streetlighting, landscaping, pedestrian ways and other improvements shall be coordinated to present a harmonious appearance for the entire development consistent with § 94-8.4C.

(2) Age of residents. Occupancy of the dwelling units shall be restricted through bylaws, rules, regulations, and restrictions of record for housing of older persons so that the housing within the development shall qualify as "55 and over housing" within the meaning of the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq. Occupancy shall be by at least one person 55 years of age or older per unit, and further provided that no child who has not attained the age of 18 years shall be domiciled therein.

(3) A planned senior citizen residential development in the PSC-3 District shall be limited to single-family detached dwellings and to such recreational and cultural facilities as may be approved by the Land Use Board for the sole use of the residents of the development and their guests, unless such recreational facilities are dedicated to public use and accepted by the municipality in accordance with N.J.S.A. 40:55D-43a. Such recreational and cultural facilities may include, but are not limited to, clubhouse, swimming pool, tennis courts, shuffleboard courts, picnic areas and other outdoor recreation facilities. All recreational and cultural facilities shall be subordinated to the residential character of the area, and no advertising shall be permitted.

(4) Common ownership. Provisions shall be made for the ownership and maintenance of all common areas, open space and recreation facilities by a common ownership association, which shall be established as a condition of approval. The association shall comply with the following requirements:

(a) Membership in the common ownership association shall be mandatory for all owners of property in the development.

(b) The common ownership association shall be empowered to ensure the payment of dues through deed restrictions on the property of its members.

(c) A copy of the master deed, if applicable, declaration of covenants and restrictions, restrictive covenants and bylaws, which will govern the planned development, shall be submitted for review and approval by the Board Attorney and Borough Counsel. The restrictive covenants shall include provisions requiring occupancy of the dwelling units by persons 55 years and older in accordance with § 94-10.15C(2). The documents shall include all restrictions and limitations imposed by the PSC-3 Ordinance, including restrictions on further development and open space protections.

(5) Findings for general development plan. Prior to the approval of a general development plan for a planned senior citizen development, the developer shall prove and the Board shall find the following facts and conclusions pursuant to N.J.S.A. 40:55D-45 et seq.:

(a) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D65.c;

(b) That the proposals for maintenance and conservation of common open space are reliable and the amount, location and purpose of the common open space are adequate;

(c) That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

(d) That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

(e) In the case of a proposed development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate; and

(f) The required contents of a general development plan set forth at N.J.S.A. 40:55D-45.1 shall be included in the findings.

(6) Qualifications of developer. The Land Use Board shall require the prospective developer of a planned development to file a report of financial qualifications, prepared by a recognized auditing firm, and such other documentation deemed necessary by the Board, to determine the developer's capability of completing the proposed development as part of its findings for a planned senior citizen development in accordance with N.J.S.A. 40:55D-45.

(7) Developer's agreement. The Land Use Board shall require a written development agreement between the Borough and the developer or its assignees, addressing the improvements to be provided in accordance with the requirements of this chapter and the conditions of the final development approval, both on site and off site.

(8) Drainage. All on-site and off-site drainage facilities shall be provided for in accordance with the Borough requirements and applicable Borough regulations.

(9) Water and sewerage facilities. A PSC development shall be permitted provided that the site is connected to adequate public water and sewer. Adequacy and design of sewerage disposal and water distribution systems, including fire hydrants, shall be approved by the Borough Engineer, applicable utility authorities, the Department of Environmental Protection and all other applicable agencies prior to approval of the general development plan. No construction permit shall be issued unless and until plans for such facilities have been submitted to the proper authority for approval and adequate provisions are made to ensure that all necessary facilities are installed.

(10) General requirements.

(a) Streets. All streets shall be private streets maintained by the common ownership association.

(b) Request for Title 39 enforcement. Prior to granting of final approval by the Board, the applicant/developer shall file a written request with the Borough Clerk requesting the Borough of Shrewsbury to enforce the provisions of Title 39 of the New Jersey Revised Statutes on all streets and roads in the subdivision which are open to be used by the public. The provisions of Title 39 shall be made applicable to said streets and roads at the discretion of the Borough Council and with the approval of the Commissioner of Transportation of New Jersey.

D. Zoning and design standards for planned senior citizen development - tract requirements.

(1) The minimum contiguous tract area shall consist of 35 acres. The entire tract shall be under the control of one ownership or contract purchaser for purposes of obtaining all required development approvals and committing the tract to the requirements of this chapter. Upon approval of the tract for development, no further development will be permitted, and appropriate restrictions will be incorporated in the approval to effectuate this limitation.

(2) Minimum perimeter setback for the development tract: 50 feet.

(3) Maximum total impervious surface coverage for the entire tract for purposes of the PSC-3 District, including all buildings, pavement, decks, and other structures, shall be 35%.

(4) A gatehouse at the entrance of the development is permitted. The entrance gatehouse shall not exceed a maximum floor area of 100 square feet and maximum building height of 15 feet.

(5) Common open space. At least 50% of the tract, inclusive of wetlands and common areas, shall be set aside as permanent common open space. The Land Use Board may require that the development plan incorporate any and all Master Plan recommendations which provide for reservation of public areas or public access requirements. The open space shall be subject to a conservation easement, and appropriate monuments shall be provided to mark the boundaries of the conservation easement. The permanent nature, location and restrictions on the open space shall be disclosed in all association documents and deeds to lot owners and shall be included in a declaration of covenants and restrictions or other recordable documents, to be approved by the Land Use Board prior to final site plan approval.

(6) Active recreation area. An area of the site shall be set aside and developed as a common area for active recreation use. The active recreation area shall provide at least 1,500 square feet per dwelling unit and will consist of a clubhouse building and such other outdoor recreation facilities as may be approved by the Land Use Board.

(7) A planned senior development shall provide at least one clubhouse to serve the entire development, with a minimum total usable area of 3,300 square feet. "Usable area" shall mean all interior conditioned space. Such room and facilities shall be open to all residents and their guests, subject to reasonable regulations under the association bylaws of the planned senior citizen development. The initial clubhouse shall be completed and in operation before 50% plus one dwelling unit has been completed and a certificate of occupancy issued thereupon.

(8) Said clubhouse shall have an adjoining parking area so as to comply with § 94-8.26, Off-street parking, with a minimum of one parking space per 100 square feet of total usable area of the clubhouse.

(9) The clubhouse facility shall include an adequate area, outside of the clubhouse, for an enclosed, unroofed area to store solid waste and recycling containers related to the clubhouse operation. The solid waste/recycling area shall be appropriately screened and landscaped.

(10) Recreation areas. A planned senior citizen development shall provide recreation facilities including a swimming pool, with changing areas and restrooms approved by the Land Use Board, one regulation-size tennis court, and other such facilities which are suitable for a senior citizen residential population. The swimming pool shall be a minimum size of 1,500 square feet. The size, width and dimensions of the swimming pool area shall meet the approval of the Land Use Board. The swimming pool shall comply with the Uniform Construction Code and the New Jersey State Sanitary Code (N.J.A.C. 8:26-3.1). Other recreation facilities may include, but are not limited to, a wading pool, shuffleboard courts, bocce courts, putting greens, and other such walkways, picnic areas and nature trails available to all planned development residents. Recreational facilities shall be attractively landscaped, with appropriate walkways. An irrigation system shall be provided where grassed recreation areas occur.

(11) Accessory buildings for the pool and the pool equipment and other recreational facilities and for maintenance purposes shall be provided and shall be sufficient to store recreational and maintenance equipment and supplies.

(12) Bulk standards for clubhouse and all other nonresidential structures.

(a) Minimum front yard setback, from the curbline of the parking lot, for the clubhouse: 20 feet.

(b) Minimum side yard setback: 50 feet.

(c) Minimum rear yard setback, from any property line: 35 feet.

(d) Maximum building height: 35 feet and two stories.

(e) The clubhouse and other common area buildings shall be residential in design and architectural character and shall incorporate residential rooflines and materials compatible with the residential character of the development.

(13) Accessory structure setbacks.

(a) Permitted accessory structures. Other customary accessory uses and buildings, subject to the provisions of § 94-5.8 of this chapter, are permitted, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business.

(b) Rear yard setback: 15 feet.

(c) Side yard setback: eight feet.

(14) Design standards for common areas.

(a) Screening of equipment and machinery. Any area devoted to the storage and care of maintenance vehicles and equipment shall be attractively landscaped or screened from view from the street and any adjoining residences.

[1] Screening shall consist of one of the following:

[a] Densely planted evergreen shrubs, which shall grow to not less than five feet after one growing season.

[b] A solid and uniform fence at least five feet in height on four sides of the equipment and machinery area.

[c] A masonry wall at least five feet in height on four sides of the equipment and machinery area.

[2] Any opening in any required screening for ingress and egress purposes shall be as inconspicuous as possible to prevent any unsightly display of said equipment to public view.

(b) Landscaping. A landscaping plan shall be submitted for Board review in accordance with the provisions of § 94-8.21. The landscape plan shall be submitted to the Shade Tree Commission for review and comment.

(c) Buffers. A fifty-foot perimeter buffer to screen the development shall be provided when the development abuts a nonresidential zone or use, in accordance with the provisions of § 94-8.6. A twenty-five-foot buffer shall be provided when the development abuts a residential zone or use. Said buffer may include any freshwater and saline wetlands and wetlands transition areas. Native vegetation shall be retained in required buffer areas to the greatest extent possible. A berm of variable height or other screening measures may be required where deemed necessary by the Board to provide a visual screen. The berm shall be designed and constructed in a curvilinear or naturalistic fashion and shall be planted with a variety of landscaped materials to provide a natural, attractive, low-maintenance visual barrier.

(d) 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 (with slip-resistant surface) and driveways consistent with applicable Americans with Disabilities Act (ADA) design standards. Sidewalks shall conform to the requirements of the Residential Site Improvement Standards. Additional off-tract sidewalks may be required by the Land Use Board to create a unified system of pedestrian circulation within the development and interconnecting to adjacent development.

(e) Improvements. All on-site and off-site improvements shall be constructed in accordance with the standards, criteria and requirements of Article VIII (Design Standards and Improvements Specifications) of Chapter 94 and the Residential Site Improvement Standards.

(15) The Zoning and Land Development Ordinance shall apply to the development. However, if there is any conflict between the Zoning and Land Development Ordinance and the standards outlined herein, the standards outlined herein shall apply.

E. Zoning and design standards for single-family detached dwellings.

(1) The permitted net density of the development shall not exceed 1.65 dwelling units per gross acre and 3.5 dwelling units per net acre. "Permitted net density," for the purposes of this zone district, shall be defined as the maximum permitted number of dwelling units per the acreage of the tract less delineated freshwater wetlands area and areas classified as wetlands transition areas pursuant to the New Jersey Freshwater Wetlands Protection Act.[1]

[1] Editor's Note: See N.J.S.A. 13:9B-1 et seq.

(2) Minimum lot area: 6,600 square feet. Corner lots shall have a minimum lot area of 7,500 square feet.

(3) Minimum lot width: 60 feet. Corner lots shall have a minimum lot width of 75 feet.

(4) Minimum lot depth: 110 feet.

(5) Minimum front yard setback from the property line to the dwelling: 20 feet; 20 feet to the face of the garage.

(6) Minimum side yard setback: one foot to 10 feet, combined 20 feet.

(7) Minimum rear yard setback: 20 feet.

(8) Maximum building height: 30 feet.

(9) Maximum number of stories: two stories.

(10) Maximum building coverage for purposes of the PSC-3 District shall include the principal and all accessory buildings for each individual lot: 42.5%.

(11) Maximum total impervious surface coverage for purposes of the PSC-3 District shall include all buildings, pavement, decks, and other structures: 45% for each individual lot, subject to the following:

(a) Each individual residential lot in the PSC-3 Zone shall be permitted to have an unroofed outdoor patio, deck, or terrace, not extending vertically above the finished floor elevation of the dwelling unit. Such unroofed outdoor area shall be included in the overall impervious lot coverage calculation for each individual lot, except as outlined in Subsection E(11)(b) through (f) below.

(b) Unroofed outdoor patios, decks or terraces constructed of a permeable paving system, designed with adequate storage below grade to fully contain the volume of runoff generated by the ten-year design storm as defined by NJDEP, and designed in a manner acceptable to the Borough Engineer, may be excluded from the impervious lot coverage calculation for each individual lot up to a maximum area of 300 square feet, or not more than 25% of the rear yard area, whichever is less.

(c) The infiltration layer of any permeable paving system shall lie a minimum of two feet above the seasonal high groundwater table, and the suitability of underlying soils shall be demonstrated to the satisfaction of the Borough Engineer.

(d) The "rear yard area" as described in Subsection E(11)(b) above shall be defined as the area encompassing the entire width of the lot, lying between the rear-most building wall (excluding architectural projections less than two feet in depth) or the extension thereof along a plane parallel to the rear setback line.

(e) Notwithstanding the provisions of Subsection E(11)(a) through (d) above, no outdoor patio, deck or terrace, whether constructed of permeable or impervious material(s), or an aggregation thereof, and whether roofed or unroofed, shall exceed the maximum area prescribed in Subsection E(11)(b) above, unless said patio, deck or terrace is fully compliant with the maximum lot coverage of 45%, not excepting any areas constructed of permeable materials.

(f) No portion of this subsection shall permit the maximum impervious coverage of the entire development to exceed the prescribed maximum standard nor alter or otherwise impair the provisions of NJDEP permits originally issued or as may be modified by NJDEP.

(12) Garages. There shall be provided a two-car garage within each detached single-family dwelling. Garages may be constructed as front-entry garages.

(13) Minimum gross habitable living area:

(a) One story: 800 square feet.

(b) Two stories: 1,000 square feet.

(14) Maximum dwelling unit footprint: 2,700 square feet of habitable living area.

(15) Building requirements:

(a) A break in the front building elevation of at least three feet shall be provided in each detached single-family dwelling. An offset of three feet for a garage, a bay window or other architectural feature shall be deemed to comply with this requirement.

(b) Residential appearance. Single-family detached dwellings in a planned senior citizen development shall comply with the residential appearance requirements of § 94-8.29. Each development in excess of 50 units shall contain at least three substantially different, yet architecturally compatible, principal building designs and elevations.

(16) Permitted accessory uses.

(a) Off-street parking, subject to the provisions of § 94-8.26.

(b) Signs, subject to the provisions of § 94-8.34.

(c) Fences and hedges, subject to the provisions of § 94-8.16.

(d) Sheds, which shall not exceed a maximum floor area of 100 square feet and maximum building height of 10 feet and which may be erected only with the approval of the common ownership association.

(e) Hot tubs, subject to applicable coverage restrictions.

(17) Prohibited accessory uses: in- or aboveground swimming pools on individual lots.

F. Assignment of interest.

(1) Before any applicant or developer effectively assigns any of the interests in any preliminary or final approval, he/she must notify the administrative officer (Land Use Board Clerk) and supply detailed information with regard to the name, address, principals, type of organization, competency, experience and past performance of the assignee, transferee or agent. Notice of such assignment or transfer shall be given no later than 10 days after its effective date. The assignee must be made acquainted with all conditions of approval, and the applicant and/or developer shall so certify.

(2) The administrative officer shall notify the Borough Clerk, the Chief Financial Officer, the Borough Engineer, the Zoning Officer and the Construction Official of the assignment of interest.

(3) A fee of $250 shall be deposited by the assignee to cover the cost of the review and recording of certification filed by the assignee.

G. Affordable housing requirements.

(1) At least 20% of the residential units constructed on site shall be affordable housing units as defined by COAH's regulations and applicable regulations under the New Jersey Housing and Mortgage Finance Agency's Uniform Housing Affordability Controls.

(2) The developer may utilize the approved building footprint to create attached dwelling units for the affordable housing units and may alternatively reduce the size of the approved units to accommodate affordable units.

(3) All or some of the affordable housing obligation may be satisfied by making a payment in lieu of constructing the affordable housing units required by this chapter. These payments shall be calculated pursuant to the applicable criteria of COAH on the date of the issuance of the building permit.

(4) The obligation for in-lieu payments shall be calculated based on the number of market units that will be constructed and the growth share generated by those market units.

(5) As a compensatory benefit for the actual construction of affordable housing or the payment in lieu of the construction of affordable housing, the developer may, at its option, eliminate the proposed common area recreational facilities on the site.

(6) Affordable housing units constructed on site shall conform in all manners with COAH's regulations and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including, but not limited to, requirements regarding phasing, controls on affordability, low-/moderate-income split, maximum rent and sales prices, affordability average, bedroom distribution, and affirmative marketing.

(7) Pursuant to COAH regulations, and as an additional compensatory benefit, the developer shall not be required to pay any development fee.

§ 94-10.16 AH-MF-8 Affordable Housing Multifamily Overlay Zone.

[Added 12-15-2008 by Ord. No. 924; amended 5-20-2019 by Ord. No. 1059; 12-7-2020 by Ord. No. 2020-1077]

A. Purpose. The purpose of the AH-MF-8 Affordable Housing Multifamily Overlay Zone is to provide compensatory economic benefits and incentives for the development of multifamily housing with inclusionary low- and moderate-income housing units on parcels of land that are designated for such use by ordinance. Development within the AH-MF-8 Overlay Zone shall permit multifamily housing as an optional use to the underlying zoning district regulations. Multifamily residential development within this zone shall include affordable housing units for low- and moderate-income families, in order to better promote the general welfare and to create a realistic opportunity for the construction of low- and moderate-income housing within the Borough of Shrewsbury in accordance with the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and the New Jersey Council on Affordable Housing Rules, N.J.A.C. 5:92 through N.J.A.C. 5:97.

B. Qualification of developer. The Land Use Board shall require the prospective developer to file a report of financial qualifications, prepared by a recognized auditing firm, and such documentation as may be deemed necessary by the Board or its professionals to determine the developer's ability to complete the proposed development as part of its finding for a development in accordance with N.J.S.A. 40:55D-45.

C. Assignment of interests. Before any applicant or developer effectively assigns any of the interests in any preliminary or final approval, he or she must notify the administrative officer of the Land Use Board (Land Use Board Secretary), in writing, of his or her intent and must furnish detailed information with regard to the name, address, principals, type of organization, competency, experience, and past performance of the assignee, transferee or agent.

(1) Any such assignment of interests shall be subject to the following requirements:

(a) Any successor or assignee is subject to the filing requirements as outlined in Subsection B, Qualification of developer, above.

(b) The assignee shall file a written certification that he or she has been made aware of each of the conditions of development application approval.

(c) The administrative officer shall notify the Borough Clerk, the Borough Chief Financial Officer, the Borough Engineer, the Borough Zoning Officer, and the Borough Construction Official, in writing, of the assignment of interest, upon approval of the assignee's qualifications by the Land Use Board.

(d) Any request for assignment of interest must be accompanied by a nonrefundable administrative fee in the amount of $500, to offset the cost of the review and recording of the certification filed by the assignee.

(2) Written notice of such assignments or transfers shall be made by the applicant no later than 10 calendar days after their effective date.

D. Permitted uses. In the AH-MF-8 Zone Overlay, no premises shall be used and no structure shall be erected, altered or occupied for any purposes except the following:

(1) Any principal use permitted in the prevailing or underlying zone, in compliance with the standards of the zone.

(2) Multifamily structures consisting of a minimum of four and a maximum of 16 units per building, with a mandatory inclusionary component for low- and moderate-income households of 20% for sale units and 20% for rental units in accordance with Article XI of this chapter.

(3) Community residences for the developmentally disabled in accordance with N.J.S.A. 40:55D-66.1 and the requirements of the Americans with Disabilities Act.

(4) Public parks, playgrounds, conservation areas, and essential municipal services and facilities.

E. Permitted accessory uses. The following shall be considered permitted accessory uses in the AH-MF-8 Zone Overlay:

(1) Common parking areas designed in compliance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).

(2) Common recreational facilities and structures.

(3) Common open space and conservation areas.

(4) Attached garages with a capacity of not more than two vehicles per unit.

(5) One sign at the main site entrance identifying the name of the development in conformance with § 94-8.34, entitled "Signs." In the case of developments fronting on more than one public roadway, a second sign indicating the name of a residential development only may be located on the lower-order roadway or at the point of secondary access to the development.

(6) Such other customary accessory uses and structures permitted by the LDO. All structures accessory to dwelling units, such as patios, decks and balconies, shall be attached to the dwelling unit to which they are accessory.

(7) One temporary sales office incidental to the initial project development, consisting of not more than 1,000 square feet, allowed during the period of initial sales of units by the developer. Any temporary sales office installed shall be removed within 30 days of the completion and issuance of certificate of occupancy of the first model home.

(8) One temporary construction trailer, adequately screened from public view, incidental to the site construction activities, provided that same is removed upon completion of site construction work.

(9) A community recreation center for the residents and guests of the development, whose building design shall complement the design of principal buildings; and may include such amenities as a swimming pool, playground, tot-lot, gazebo, tennis courts and the like.

(10) One maintenance storage building with a maximum floor area of 200 square feet and a maximum height of 12 feet, as measured to the highest point of the roof, whose architectural design shall complement the design of the principal buildings. The maintenance storage building shall adhere to all minimum building setback requirements for principal buildings.

(11) Model homes may be constructed by the developer, with not more than one model home per housing style being offered for sale. The models shall be in full compliance with UCC requirements and shall abide by the hours of operation for businesses as outlined in the Borough Administrative Code.

F. Common ownership. Provisions shall be made for the ownership and maintenance of all common areas, open space and recreation facilities by a common ownership association, which shall be established as a condition of approval. The association shall comply with the following requirements:

(1) Membership in the common ownership association shall be mandatory for all owners of property in the development.

(2) The common ownership association shall be empowered to ensure the payment of dues through deed restrictions on the properties of its members.

(3) A copy of the master deed, if applicable, declaration of covenants, easements and restrictions, restrictive covenants and bylaws, which will govern the development, shall be submitted for review and approval by the Borough and Land Use Board Attorneys. The documents shall include all restrictions and limitations imposed by the AH-MF-8 Ordinance, including restrictions on further development and open space protections.

G. Association requirements, covenants, and easements.

(1) All proposed restrictive covenants, articles of incorporation or other documents concerning the creation of a common ownership association for the ownership and maintenance of common lands and facilities shall be submitted to the Borough and approved by the Borough and Land Use Board Attorneys prior to final approval or as determined by the Land Use Board as a condition of subdivision or any proposed site plan.

(2) All dwelling units shall be constructed subject to such restrictions and covenants as may be required to establish common rights and responsibilities.

(3) In the case of age-restricted developments, occupancy of the dwelling units shall be restricted through bylaws, rules, regulations and restrictions of record for housing of older persons so that the housing within the development shall qualify as "55 and over housing" within the meaning of the Federal Fair Housing Act, 45 U.S.C. § 3601 et seq. Occupancy shall be at least one person 55 years of age or older per unit, and further provided that no child who has not attained the age of 18 years shall be domiciled therein.

H. Developer's agreement. The Land Use Board shall require a written developer's agreement between the Borough and the developer or its assignees, addressing the improvements to be provided in accordance with the requirements of this chapter, the provision of community services, conditions of the final development approval, both on site and off site, stormwater management and any other issues deemed appropriate by the Borough. As a condition of final approval of any development, a municipal services agreement shall be executed between the developer and the Borough, addressing the contribution by the Borough for solid waste, leaves and recyclables collection, snow removal and streetlighting in accordance with the Municipal Services Act.

I. Zoning standards. Development pursuant to the AH-MF-8 Zone Overlay shall be subject to the following standards and regulations:

(1) Tract ownership, further development and change in zoning district. The minimum contiguous tract area shall consist of one acre. The entire tract shall be under the control of one ownership or contract purchaser for the purposes obtaining all required development approvals and committing this tract to the provisions of this overlay zone ordinance. Upon approval of the tract for development, no further development shall be permitted unless approved by the municipal agency, and appropriate restrictions shall be incorporated into any approval issued to effectuate this limitation. Upon final approval, the zoning district designation shall be changed to an AF-MF-8 Zoning District.

(2) Maximum permitted residential density. The maximum permitted residential density shall be as indicated below. The gross density includes the total area within the boundaries of the tract to be developed, including internal roadways, conservation areas, stormwater management facilities, and dedicated right-of-way areas. The maximum permitted density shall be computed based on the overall tract area without the exclusion of portion(s) of the same development used for nonresidential uses. In computing the number of units permitted, any portion of a unit less than 0.50 shall not be considered, and any portion of the unit greater than 0.50 shall be rounded up to the nearest whole number.

(a) In the case of non-age-restricted developments, there shall not be more than eight dwelling units constructed upon each gross acre of tract area except as otherwise provided below. A minimum of 20% of the units constructed shall be set aside as affordable housing units in accordance with Article XI.

(b) Not more than 14 dwelling units shall be constructed upon each gross acre of land on certain premises known as "Block 3, Lot 8."

(c) Not more than 14 dwelling units shall be constructed upon each gross acre of land on certain premises known as "Block 29, Lots 7, 8, 9, 10, 11."

(3) Maximum impervious coverage. The maximum total impervious coverage, including, but not limited to, buildings, pools, parking areas, driveways, streets, walkways, patios and all other impervious surfaces as defined in § 94-8.39, Stormwater control, shall be as listed below:

(a) In those portions of the overall development used for residential purposes, the maximum impervious coverage shall be 50%.

(b) In those portions of the development used for nonresidential purposes, the maximum impervious coverage shall be 65%.

(c) In developments with nonresidential components, a phasing plan must be submitted outlining those limits of the development utilized for such purposes. All minimum setbacks, buffer areas, parking areas, refuse storage areas and similar appurtenant features for each phase of a development must lie wholly within the phase limit shown on the phasing plan.

(4) Maximum building coverage. The maximum permitted building coverage shall be 35% of the total area of the tract, including residential and nonresidential portions of a development.

(5) Maximum building height. The maximum mean building height of a principal structure shall be 35 feet, with a maximum height of 45 feet measured to the highest point of the roof. The mean building height of accessory structures shall be 16 feet. "Mean height" shall be defined as the average elevation of all outside corners of a structure from final grade to the mean elevation of the roof.

(6) Maximum number of stories. Each building shall be limited to 2 1/2 stories plus a basement above grade. Notwithstanding the definition of "basement" in § 94-2.3, attics and basements may be used for storage, utilities, garages or similar uses.

(7) Minimum multifamily structure setbacks. Any residential structure, with the exception of detached single-family homes or attached units, constructed as part of a multifamily development shall meet the following minimum setbacks:

(a) Seventy-five feet from an existing municipal street or proposed collector street as designated on the Borough Master Plan.

(b) Twenty feet from any internal private street line, measured at the right-of-way limit. In the absence of a right-of-way line, the minimum distance between the building face and back edge of the sidewalk shall be no less than 20 feet; or in cases where no sidewalk exists, the minimum distance to the curbline of an internal street shall be 26 feet.

(c) Fifty feet from any tract boundary. Normal architectural projections such as eaves, chimneys, porches, balconies, patios, and similar projections may extend into this minimum required setback area a maximum of six feet.

(d) Fifty feet between the rear walls of any two buildings, measured at right angles to the rear wall.

(e) Twenty-five feet between the front or side walls of a building and the front or side walls of any adjacent buildings, not including bay windows or second-story balcony overhangs.

(f) Fifteen feet to any common off-street parking area or access driveway for the parking area.

(g) One hundred feet to any existing principal residential structure or zone. Customary architectural projections such as eaves, chimneys, porches, balconies, patios, and similar projections may extend into the minimum required setback area a maximum of six feet.

(h) The front facade of any structure containing more than one dwelling unit shall not continue on the same plane for a distance of more than the width of four adjacent units. Offsets between front facade planes shall not be less than four feet nor more than 20 feet.

(i) A minimum twenty-foot clear yard area shall be provided on all sides of any multifamily residential structure that are not coincident with a street line.

(j) Notwithstanding the above setback requirements, the residential community shall be designed to provide a pleasing visual environment with adequate provisions for open space and access to structures by Borough emergency services.

J. Zoning, common open space and recreation facilities. In developments consisting of more than eight residential units, the development shall be clustered to provide open space areas and shall meet the minimum standards outlined herein:

(1) A minimum of 35% of the total tract area shall be retained as common open space.

(2) The minimum required common open space areas may include steep slope areas, freshwater wetlands, buffer areas, and open waters.

(3) Common open space and recreation facilities shall be owned and maintained by an association to be established in accordance with the applicable provisions of N.J.S.A. 40:55D-43.

(4) Conservation or slope area easements shall be required pursuant to local, state, or federal environment protection regulations, specifically including the provisions of § 94-5.13, Preservation of environmentally sensitive features.

K. Buffer areas. In developments consisting of more than eight residential units, buffer areas shall be established within the boundaries of the development tract pursuant to the following standards:

(1) A landscaped buffer strip at least 50 feet in width shall be permanently maintained along all tract boundaries.

(a) Required buffer strips may contain earthen berms with a maximum height of three feet and a minimum top width of six feet.

(b) Required buffer areas shall be suitably landscaped in accordance with the requirements of § 94-8.6, Buffer areas and screening.

(c) Landscaped buffers shall be designed to provide a year-round visual screen and shall contain a mix of deciduous and evergreen plantings and ground cover.

(d) Buffer areas may be supplemented with fences, with a maximum height of six feet, to provide effective visual and noise buffers.

(e) Buffers from railroad rights-of-way shall be provided subject to the design criteria of § 94-8.6, Buffer areas and screening.

(2) Buffer areas may be "averaged," at the discretion of the municipal agency, and reduced in width to a minimum of 25 feet to allow the construction of site access roads, where no feasible alternative exists. In such cases, the design of buffer plantings and fences shall be suitable to maintain an effective year-round screen. Buffer area reductions shall be permitted for the purposes of roadway construction only and shall be compensated at a 1:1 ratio elsewhere on the tract, with a maximum compensation width of 25 feet.

(3) Prior to final approval, buffer areas shall be recorded in the form of buffer easements and shall contain restrictions prohibiting the removal of plantings and future construction.

L. Streets, parking, sidewalks, water supply, fire hydrants, sanitary sewers, drainage and stormwater management standards.

(1) Primary access shall be from the street with the higher classification.

(2) A secondary access shall be provided and shall be designed in accordance with the RSIS.

(3) Public improvements shall be designed and installed as required by the RSIS.

(4) Streets, common driveways, parking areas, and access drives within developments shall be owned and maintained by a private association to be established by the developer in accordance with the applicable provisions of N.J.S.A. 40:55D-43, entitled "Standards for the establishment of open space organization." The Borough shall bear no responsibility to maintain, or contribute to the maintenance of, streets, parking areas, or common driveways, except as mandated by the Municipal Services Act.

(5) The maintenance of drainage facilities in privately owned and maintained streets shall be the sole responsibility of the developer and association. The developer shall be required to deposit with the Borough a sum of money computed by the Borough Engineer to be held in escrow for a period of 99 years to fund the following:

(a) The review of an annual report prepared by a licensed professional engineer retained by the developer or association verifying the adequate operation and maintenance of stormwater management facilities.

(b) Biannual inspections by the Borough to confirm maintenance.

(6) Prior to the release of performance guarantees, the developer shall be required to deposit a growth fund in accordance with the methodology outlined in Exhibit K[1] for the future maintenance of the on-site stormwater management facilities by the association. The growth fund shall be computed based upon a ninety-nine-year period beginning at the time of final acceptance and shall including the costs for the following:

(a) Routine lawn mowing and landscaping maintenance.

(b) Semiannual cleaning, desilting, and desnagging of above- or below-ground facilities.

(c) Biannual inspections of all on-site stormwater management facilities, including above- and below-ground facilities, storm sewers, and all appurtenances.

(d) Replacement of all aboveground structures, including outlet structure, headwalls, flared-end sections, and conduit outlet protection at year 50.

(e) Replacement of landscaping every 25 years.

[1] Editor's Note: Exhibit K is no longer included in the Code. See now § 94-8.39, as amended by Ord. No. 861.

(7) Prior to final approval, the developer shall file, in writing, a request with the Borough Clerk for the enforcement of N.J.S.A. 39:1 et seq. (Title 39), Motor Vehicles and Traffic Regulation, pursuant to N.J.S.A. 39:5A-1, Revised Statutes.

(8) In all cases where the maintenance or repair of any wall, fence or other improvement by its owner or his agent would require entry upon an adjacent property, an appropriate easement or right-of-way shall be obtained by the developer. All such easements shall be detailed and specific as to required notice and any limitations upon the right of entry and shall provide a specific means of arbitration in the event of disputes.

(9) Stormwater management facilities shall be maintained solely by the developer or the association in accordance with the provisions of § 94-8.39, Stormwater control, and N.J.A.C. 7:8-5 (Stormwater Management).

(10) Stormwater management facilities, including detention basins, retention/infiltration basins, water quality basins, and appurtenant structures, shall be designed to be harmonious with the topography of the development and shall maintain a minimum horizontal setback of 40 feet as measured from the top of bank to any residential or nonresidential structure.

(11) Streets shall be designed to provide a smooth and efficient traffic circulation pattern and shall be in accordance with RSIS design standards. All dead end-streets shall include adequate provisions for turnaround movements of emergency and refuse collection vehicles.

M. Lighting. Development shall comply with § 94-8.22, Lighting. All public and private streets shall be sufficiently illuminated to ensure traffic and pedestrian safety under all weather conditions.

(1) All exterior lighting shall be arranged protect residential uses, both within the project as well as adjoining uses, from glare.

(2) Pedestrian walkways, excluding nature trails, shall be adequately illuminated to provide a minimum of 0.2 footcandle in all locations and a maximum of one footcandle.

N. Utilities. Public utilities for all residential developments within the AH-MF-8 Overlay Zone shall be designed and installed in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21) and the following:

(1) Residential development within the AH-MF-8 Overlay Zone shall be served by public water and public sanitary sewer that shall be installed by and at the expense of the developer.

(2) All utilities shall be installed underground. The costs for the installation of all utilities, including streetlighting, shall be borne by the developer.

(3) The developer shall establish and convey appropriate utility easements to the appropriate utility service provider.

(4) The developer shall pay the cost of connection and transmission facilities necessary to connect to municipal sewer and water systems.

(5) All underground utilities shall be installed before the placement of final surface course pavement.

O. Solid waste and refuse and recycling collection.

(1) Areas suitable for storage of recyclable materials shall be provided in accordance with § 94-8.51B, Recyclable materials storage.

(2) Refuse and recycling materials storage and collection areas shall be suitable for containerized collection and shall be provided in sufficient number and at locations convenient to all dwelling units. Such areas shall be screened from view on three sides by solid fence, walls or other suitable materials.

(3) Refuse and recycling collection shall be provided and maintained by the entity responsible for internal streets and other common facilities.

P. Low- and moderate-income housing obligation.

(1) Any residential development in the AH-MF-8 Overlay Zone District shall be an inclusionary development, and the developer shall provide a minimum of one affordable dwelling unit for every five market-rate housing units (i.e., 20% set-aside) for units offered for sale. The affordable housing set-aside shall be a minimum of 20% for rental units. In computing the low- and moderate-income housing obligation, any portion of a unit less than or equal to 0.50 shall not be considered, and any portion of the unit greater than 0.50 shall be rounded up to the nearest whole number.

(2) The developer shall comply with all regulations to assure the creditworthiness of each affordable unit, including compliance with all relevant regulations adopted by the New Jersey Council on Affordable Housing and codified at N.J.A.C. 5:96 et seq. and N.J.A.C. 5:97 et seq. and the Uniform Housing Affordability Controls adopted by the New Jersey Housing and Mortgage Finance Agency and codified at N.J.A.C. 5:80-26.1 et seq.; provided that, in lieu of 10% of affordable units provided at 35% of median income, 13% of affordable units shall be provided at 30% of median income.

(3) The developer in any affordable housing inclusionary development shall bear all costs associated with the administering of affordable units.

§ 94-10.17 through § 94-10.19. (Reserved)

§ 94-10.20 AH-MU Affordable Housing Mixed Use Overlay Zone.

[Added 5-20-2019 by Ord. No. 1060; amended 12-7-2020 by Ord. No. 2020-1077]

A. Purpose. The purpose of the AH-MU Affordable Housing Mixed Use Overlay Zone is to permit the development of planned mixed-use commercial development with overhead inclusionary low- and moderate-income housing units on parcels of land that are designated for such use by ordinance. Development within the AH-MU Overlay Zone shall permit inclusionary housing as a secondary permitted use to the permitted uses in the underlying zoning district regulations. Alternatively, any property situated in the AH-MU Zone may be developed under the AH-MF-8 Zone requirements for a solely residential development, without the absolute requirement for mixed use. Mixed-use residential development within this zone shall include affordable housing units for low- and moderate-income families, in order to better promote the general welfare and to create a realistic opportunity for the construction of low- and moderate-income housing within the Borough of Shrewsbury in accordance with the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and the New Jersey Council on Affordable Housing Rules, N.J.A.C. 5:92 through N.J.A.C. 5:95.

B. Qualification of developer. The Land Use Board shall require the prospective developer of a planned development to file a report of financial qualifications, prepared by a recognized auditing firm, and such documentation as may be deemed necessary by the Board or its professionals to determine the developer's ability to complete the proposed development as part of its finding for a planned development in accordance with N.J.S.A. 40:55D-45.

C. Assignment of interests. Before any applicant or developer effectively assigns any of the interests in any preliminary or final approval, he or she must notify the administrative officer of the Land Use Board (Land Use Board Clerk) in writing of his or her intent and must furnish detailed information with regard to the name, address, principals, type of organization, competency, experience, and past performance of the assignee, transferee, or agent. Any such assignment of interests shall be subject to the following requirements:

(1) Any successor or assignee is subject to the filing requirements as outlined in Subsection B. Qualification of developer, above.

(2) The assignee shall file a written certification that he or she has been made aware of each of the conditions of development application approval.

(3) The administrative officer shall notify the Borough Clerk, the Borough Chief Financial Officer, the Borough Engineer, the Borough Zoning Officer, and the Borough Construction Official, in writing, of the assignment of interest, upon approval of the assignee's qualifications by the Land Use Board.

(4) Any request for assignment of interest must be accompanied by a nonrefundable administrative fee in the amount of $500, to offset the cost of the review and recording of the certification filed by the assignee.

(5) Written notice of such assignments or transfers shall be made by the applicant no later than 10 calendar days after their effective date.

D. Permitted uses. In the AH-MU Zone Overlay, no premises shall be used and no structure shall be erected, altered or occupied for any purposes except the following:

(1) Any principal use permitted in the prevailing or underlying zone, in compliance with the standards of the zone.

(2) Accessory apartments consisting of a minimum of two, with a mandatory inclusionary component for low- and moderate-income households of 20% in accordance with Article XI of this chapter.

(3) Community residences for the developmentally disabled in accordance with N.J.S.A. 40:55D-66.1 and the requirements of the Americans with Disabilities Act.

(4) Public parks, playgrounds, conservation areas, and essential municipal services and facilities.

E. Permitted accessory uses. The following shall be considered permitted accessory uses in the AH-MU Zone Overlay:

(1) Common parking areas designed in compliance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21).

(2) Common recreational facilities and structures.

(3) Common open space and conservation areas.

(4) Fences and landscaping complying with the provisions of § 94-8.16, Fences and hedges, in perimeter or screening areas or private outdoor areas between dwelling units.

(5) Such other customary accessory uses and structures as may be permitted by the approving authority. All structures accessory to dwelling units, such as decks and balconies, shall be attached to the dwelling unit to which they are accessory.

(6) Stormwater management facilities in compliance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21), as well as the standards contained in § 94-8.38, Storm drainage facilities, and § 94-8.39, Stormwater control.

(7) Buffer plantings and site landscaping required by § 94-8.21, Landscaping and shade tree regulations.

(8) Site lighting fixtures designed and installed in conformance with § 94-8.22, Lighting.

(9) One temporary construction trailer, adequately screened from public view, incidental to the site construction activities, provided that same is removed upon completion of site construction work.

(10) A community recreation center for the residents and guests of a planned development, whose building design shall complement the design of principal buildings; and may include such amenities as a picnic area, playground or tot-lot.

F. Tract ownership, further development and change in zoning district.

(1) The entire tract shall be under the control of one ownership or contract purchaser for the purposes of obtaining all required development approvals and committing this tract to the provisions of this Overlay Zone Ordinance. Upon approval of the tract for development, no further development shall be permitted, appropriate restrictions for which shall be incorporated into any approval issued to effectuate this limitation.

G. Design standards. Development in the AH-MU Overlay Zone which is not in compliance with the underlying zone standards shall be subject to the following standards and regulations:

(1) Maximum permitted residential density. The maximum permitted residential density shall be as indicated below:

(a) The gross density includes the total area within the boundaries of the area to be developed, including internal roadways, conservation areas, stormwater management facilities, and dedicated right-of-way areas. In computing the number of units permitted, any portion of a unit less than 0.50 shall not be considered, and any portion of the unit greater than 0.50 shall be rounded up to the nearest whole number.

(b) There shall not be more than eight dwelling units constructed over commercial development upon each gross acre of tract area, except as otherwise provided below. A minimum of 25% of the units constructed shall be set aside as affordable housing units in accordance with Article XI.

(c) The maximum gross density of dwelling units constructed over commercial development shall be increased as follows, up to a maximum of 14 dwelling units per acre:

[1] The maximum gross density of dwelling units constructed over commercial development may increase by one dwelling unit per acre to a maximum of 14 dwelling units per acre for each additional five feet of principal or accessory building setback provided on all front, side and rear yards. The additional density shall be computed based on the single yard with the smallest increase in setback dimension over the minimum required in the zone. No yards may have less than the minimum setback prescribed by ordinance, and no existing nonconformities may be continued to receive a density increase under this provision.

[2] The maximum gross density of dwelling units constructed over commercial development may increase by one dwelling unit per acre to a maximum of 14 dwelling units per acre for each 1/4 acre by which the lot area exceeds the minimum required in the zone, provided the front, side and rear yard setbacks are increased by 20% for each additional 1/4 acre.

(2) Maximum impervious coverage. The maximum total impervious coverage for mixed-use developments under this chapter, including, but not limited to, buildings, pools, parking areas, driveways, streets, walkways, patios, and all other impervious surfaces as defined in § 94-8.39, Stormwater control, shall be 75% of the total area of the tract. The maximum impervious coverage permitted shall decrease by 2% for each one dwelling unit per acre above eight dwelling units per acre constructed in accordance with Subsection G(1)(c) above.

(3) Maximum building coverage. The maximum permitted lot coverage by buildings shall be 30% of the total area of the tract.

(4) Maximum building height. The maximum mean building height of a principal structure shall be 35 feet, with a maximum height of 45 feet measured to the highest point of the roof. The mean building height of accessory structures shall be 16 feet. "Mean height" shall be defined as the average elevation of all outside corners of a structure from final grade to the highest point of the roof. Each building shall be limited to two stories plus an attic above grade and a basement which must be partly below grade. Attics and basements shall be used only for storage, utilities, garages or similar uses.

(5) Minimum structure setbacks. Any structure constructed as part of a planned affordable housing over commercial development shall meet the following minimum setbacks:

(a) Fifteen feet from Newman Springs Road street line and 20 feet from a municipal street line.

(b) Twenty feet from any internal private street (right-of-way) line.

(c) Twenty feet from an internal parking area or driveway curb or edge of pavement.

(d) Fifty feet between the rear walls of any two buildings, measured at right angles to the rear wall.

(e) Thirty-five feet between building front or side walls and adjacent building front or side walls, not including bay windows or second-story balcony overhangs.

(f) Seventy-five feet to any existing residential use or zone.

(6) Building design standards. Any residential structures constructed in the AH-MU Overlay Zone shall conform to the following minimum standards:

(a) No dwelling unit shall contain less than 300 cubic feet of storage space, which may be within garages, basements or cellars, and which shall be in addition to closet space provided with the unit. If within garages, a rectangle of not less than 10 feet by 20 feet per parking space shall remain clear for parking vehicles.

(b) No dwelling unit shall be less than 18 feet in width, and the average width shall be not less than 20 feet.

(c) Each dwelling unit shall contain, at a minimum, a separate bedroom, a separate bathroom, and a kitchen which shall be located separate and apart from other rooms, with the exception of a dining area.

(d) Building facades shall be varied in appearance in accordance with § 94-8.4, Architectural and building site design standards.

(e) Homeowners' association documents shall contain provisions prohibiting the conversion of garages to any other use, including habitable living space.

(f) Prior to final approval of any planned development, a municipal services agreement shall be executed between the developer and the Borough, addressing the contribution by the Borough for trash collection, snow removal, and streetlighting in accordance with the Municipal Services Act.

(g) Off-street parking spaces shall be provided for each dwelling unit in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21), at least one of which spaces shall be in an attached garage. In addition, guest parking shall be provided at the ratio of 0.5 parking space per dwelling unit in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21). Required parking spaces may be provided in any combination: within attached garages, on driveways leading to attached garages, parallel parking on internal drives, or within collective parking lots or areas. At least one parking space for each dwelling unit shall be within 100 feet of that dwelling unit, measured alone the route reasonably expected to be used to walk from the dwelling unit. Where driveways are utilized to meet parking requirements, integrity and function of pedestrian walkways shall be maintained.

(h) The requirements of § 94-8.19D, Garages, shall not apply to the design of over-commercial buildings; however, applications shall incorporate side-entry garages to the extent feasible.

(i) All development within the AH-MU Affordable Housing Over Commercial Zones shall provide sidewalks and street trees along Newman Springs Road in accordance with § 94-8.21, Landscaping and shade tree regulations.

(7) Common open space and recreation facilities. Common open space and recreation facilities shall be owned and maintained by a homeowners' association to be established in accordance with the applicable provisions of N.J.S.A. 40:55D-43.

H. Buffer areas. In affordable housing mixed-use developments, a landscaped buffer strip at least 20 feet in width shall be permanently maintained along rear property lines adjacent to residential development.

(1) Required buffer strips may contain earthen berms with a maximum height of three feet and a minimum top width of six feet.

(2) Required buffer areas shall be suitably landscaped in accordance with the requirements of § 94-8.6, Buffer areas and screening.

(3) Landscaped buffers shall be designed to provide a year-round visual screen and shall contain a mix of deciduous and evergreen plantings and ground cover.

(4) Buffer areas may be supplemented with fences, with a maximum height of six feet, to provide effective visual or noise buffers.

I. Homeowners' association, covenants, and easements.

(1) All proposed restrictive covenants, articles of incorporation or other documents concerning the creation of a homeowners' association for the ownership and maintenance of common lands and facilities shall be submitted to the Borough and approved by the Borough Attorney prior to final approval, or as determined by the Land Use Board, of any proposed subdivision or any proposed site plan.

(2) All dwelling units shall be constructed subject to such restrictions and covenants as may be required to establish common rights and responsibilities.

J. Streets, parking, sidewalks, water supply, fire hydrants, sanitary sewers, drainage, and stormwater management standards.

(1) Public improvements shall be designed and installed as required by the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21).

(2) Streets, common driveways, parking areas, and access drives within planned developments shall be owned and maintained by a private association to be established by the developer in accordance with the applicable provisions of N.J.S.A. 40:55D-43, Standards for the establishment of open space organization. The Borough shall bear no responsibility to maintain, or contribute to the maintenance of, streets, parking areas, or common driveways.

(3) The maintenance of drainage facilities in privately owned and maintained streets shall be the sole responsibility of the developer and homeowners' association.

(4) Prior to final approval, the developer shall file, in writing, a request with the Borough Clerk for the enforcement of N.J.S.A. 39:1 et seq. (Title 39), Motor Vehicles and Traffic Regulation, within the development.

(5) In all cases where the maintenance or repair of any wall, fence or other improvement by its owner or his agent would require entry upon an adjacent property, an appropriate easement or right-of-way shall be created in favor of the subject owner. All such easements shall be detailed and specific as to required notice and any limitations upon the right of entry and shall provide a specific means of arbitration in the event of disputes.

(6) Stormwater management facilities shall be maintained solely by the developer or homeowners' association in accordance with the provisions of § 94-8.39, Stormwater control, and N.J.A.C. 7:8-5 (Stormwater Management).

K. Streetlights. Residential developments which necessitate the creation of internal streets shall be designed with streetlighting meeting the following standards:

(1) All public and private streets shall be sufficiently illuminated to ensure traffic and pedestrian safety under all weather conditions in accordance with § 94-8.22, Lighting.

(2) All exterior lighting shall be arranged so as to reflect away from all adjoining premises.

(3) Pedestrian walkways, excluding nature trails, shall be adequately illuminated to provide a minimum of 0.2 footcandle in all locations.

L. Utilities. Public utilities for all planned residential developments within the AH-MU Overlay Zone shall be designed and installed in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21), and the following:

(1) Planned residential development within the AH-MU Overlay Zone shall be served by public water and public sanitary sewer, which shall be installed by and at the expense of the developer.

(2) All utilities shall be installed underground. The costs for the installation of all utilities, including streetlighting, shall be borne by the developer.

(3) The developer shall establish and convey appropriate utility easements to the appropriate utility service provider.

(4) The developer shall pay the cost of connection and transmission facilities necessary to connect to municipal sewer and water systems.

M. Solid waste and refuse and recycling collection.

(1) Areas suitable for storage of recyclable materials shall be provided in accordance with § 94-8.51, Recyclable materials storage.

(2) Refuse and recycling materials storage and collection areas shall be suitable for containerized collection and shall be provided in sufficient number and at locations convenient to all dwelling units. Such areas shall be screened from view on three sides by solid fence, walls or other suitable materials.

(3) Refuse and recycling collection shall be provided and maintained by the entity responsible for internal streets and other common facilities.

N. Low- and moderate-income housing obligation. Any residential development in the AH-MU Overlay Zone shall be an inclusionary development, and the developer shall provide a minimum of one affordable dwelling unit for every five market-rate housing units (i.e., 20% set-aside) for sale units and 20% set-aside for rental units. In computing the low- and moderate-income housing obligation, any portion of a unit less than or equal to 0.50 shall not be considered, and any portion of the unit greater than 0.50 shall be rounded up to the nearest whole number.