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.
(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.
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.
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.
(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.
(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.
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.
(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.
[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:
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.
(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.
[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.
(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.
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.
(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).
(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.
(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.
(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).
(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.
[Amended 12-15-2008 by Ord. No. 925[1]]
[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.
C.
Permitted accessory uses.
[Added 12-15-2008 by Ord.
No. 925[1]]
[1]
Editor's Note: This ordinance added this section as a reserved
section.
[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.
(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.
(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.
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:
(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.
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.
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.
(2)
Residential uses and dwellings are hereby prohibited
with the HC/PO Zone District.
C.
Permitted accessory uses.
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.
(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.
(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.
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:
(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.
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).
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.
[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.
D.
Regulated uses. For purposes of this subsection, regulated uses are
activities and land uses within the flood hazard area which:
(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.
(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.
(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.
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.
[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.
[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.
(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.
(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)
(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.
[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.
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.
(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:
(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.
(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.
[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.
(7)
Buffer plantings and site landscaping required by § 94-8.21, Landscaping and shade tree regulations.
(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.
(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.
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.
