[Amended 4-8-1987 by Ord. No. 87-6]
A.
Whenever title to two or more contiguous lots is held
by the same owner, regardless of whether or not each of said lots
may have been approved as portions of a subdivision or acquired by
separate conveyance or by other operation of law, and one or more
of said individual lots should, by reason of exceptional shallowness,
topographical conditions, substandard area or yard space or similar
measurements, not conform to the minimum lot area and dimension requirements
for the zone in which it is located, the contiguous lots of said owner
shall be considered as a single lot, and the provisions of this chapter
shall apply.
B.
The applicable provisions of this chapter relating
to minimum lot area and maximum density of residential development
in the MR, VR, R-40, R-20 and R-10 Zoning Districts shall be modified
in areas with slopes greater than 10%, as follows:
[Amended 4-17-2000 by Ord. No. 00-4; 12-18-2001 by Ord. No. 01-16]
(1)
The modification shall be determined by multiplying
the total land area (that is, the lot area as to a minimum lot area
requirement or tract area as to a maximum density requirement) in
various slope categories by the following factors:
|
Slope
(percent)
|
Factor
| |
|---|---|---|
|
30 or greater
|
0.0
| |
|
20 to 29
|
0.2
| |
|
11 to 19
|
0.5
| |
|
0 to 10
|
1.0
|
|
Slope calculations shall be based on elevation
intervals of 10 feet.
| ||
(2)
The modified lot area or tract area, as the case may
be, to be used in determining the lot area applicable to a minimum
lot area requirement, or tract area applicable to a maximum density
requirement, shall be computed as follows:
|
(Land with 30% or greater slopes x 0) + (land
with at least 20% but less than 30% slopes x 0.2) + (land with over
10% bat less than 20% slopes x 0.5) + (land with 0% to 10% slopes
x 1.0) = modified lot or tract area
|
[Amended 9-19-1995 by Ord. No. 95-31]
All cluster single-family residential developments in the R-40 Moderate-Density Single-Family Residential District shall meet the requirements of Subsections A through I of this § 123-30. All cluster single-family residential developments in the R-3 Cluster Single-Family Residential District shall meet the requirements of Subsections E through I of this § 123-30.
A.
The minimum size of a tract of land proposed for development
under the cluster development provisions of this chapter shall be
50 acres. Lots may be established within the tract, each lot having
as a principal use one detached dwelling.
B.
Total lots permitted within the tract for detached
dwellings shall be calculated by subtracting 15% of the site areas
as an allowance for streets and dividing the remaining land area by
one acre, which is the minimum area for nonclustered lots when public
sewerage facilities are provided.
C.
Allowable area and yard requirements for lots developed
with a detached dwelling as part of a cluster single-family residential
development shall be:
|
Minimum requirements
| |||
|---|---|---|---|
|
Principal building
| |||
|
Lot area
|
20,000 square feet
| ||
|
Lot frontage
|
125 feet
| ||
|
Lot width
|
125 feet
| ||
|
Lot depth
|
150 feet
| ||
|
Side yard (each)
|
25 feet
| ||
|
Front yard
|
50 feet
| ||
|
Rear yard
|
50 feet
| ||
|
Accessory building
| |||
|
Distance to side line
|
15 feet
| ||
|
Distance to rear line
|
15 feet
| ||
|
Distance to other building
|
20 feet
| ||
|
Maximum requirements
| |||
|
Building coverage of principal building
|
15 percent
| ||
|
Building coverage of accessory building(s)
|
3 percent
| ||
|
All other dimensions shall meet the area and
yard requirements specified for the R-40 District.
| |||
D.
Land area equal to a minimum of 20% of the tract of
land proposed for development shall not be included in detached dwelling
lots and shall be set aside for conservation, open space, floodplain,
school site, recreation and park areas or other purposes for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants or residents and owners of the development. Land utilized
for streets shall not be included as part of the above 20%. Such land
may be offered to the Township or other governmental agency, but the
Township shall not be obligated to accept such offer. Such land not
dedicated to and accepted by the Township or other governmental agency
shall be owned and maintained by a homeowners' association.
E.
The lands offered to the Township shall meet the following
requirements:
(1)
The minimum size of each parcel offered to the Township
shall be two acres.
(2)
Lands offered for recreational purposes shall be improved
by the developer, including equipment, walkways and landscaping, in
order to qualify the lands for acceptance by the Township.
(3)
Any land offered to the Township shall be optimally
related to the overall plan and design for the development and improved
to best suit the purpose(s) for which it is intended.
(4)
The lands offered to the Township shall be subject
to review by the Land Use Board which, in its review and evaluation
of the suitability of such land, shall be guided by the Master Plan
of the Township, by the ability to assemble and relate such lands
to an overall plan and by the accessibility and potential utility
of such lands. The Land Use Board may request an opinion from other
public agencies or individuals as to the advisability of the Township's
accepting any lands to be offered to the Township.
[Amended 3-20-2001 by Ord. No. 01-2]
(5)
Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at the time final site plan approval is granted by the Township. The deed shall contain such restrictions as may reasonably be required by the Land Use Board to effectuate the provisions of this Subsection E pertaining to the use of such areas. Should the proposal consist of a number of development stages, the Land Use Board may require that acreage proportionate in size to the stage being considered for final subdivision approval be donated to the Township simultaneously with the granting of final subdivision approval for that particular stage, even though these lands may be located in a different section of the overall development.
[Amended 3-20-2001 by Ord. No. 01-2]
F.
A homeowners' association, established for the purpose
of owning and maintaining common lands and facilities, including conservation,
open space, floodplain, recreation and park areas and other lands
which would otherwise be dedicated to and accepted by the Township
or other governmental agency, shall be in accordance with the following
provisions:
(1)
Membership in any created homeowners' association
by all property owners shall be mandatory. Such required membership
in any created homeowners' association and the responsibilities upon
the members shall be in writing between the association and the individual
in the form of a covenant with each member agreeing to his liability
for his pro rata share of the association's costs, and providing that
the Township shall be a party beneficiary to such covenant entitled
to enforce its provisions.
(2)
Executed deeds shall be tendered to the Township simultaneously
with the granting of final subdivision approval stating that the prescribed
use(s) of the lands in the common ownership shall be absolute and
not subject to reversion for possible future development.
(3)
The homeowners' association shall be responsible for
liability insurance, local taxes, maintenance of land and any facilities
that may be erected on any land deeded to the homeowners' association.
(4)
The assessment levied by the homeowners' association
may become a lien on the private properties in the development. The
duly created homeowners' shall be allowed to adjust the assessment
to meet changing needs, and any deeded lands may be sold, donated
or in any other way conveyed to the Township for public purposes only.
(5)
The homeowners' association initially created by the
developer shall clearly describe in its bylaws the rights and obligations
of any homeowner and tenant in the cluster development, along with
the covenant and model deeds and the articles of incorporation of
the association prior to the granting of final subdivision approval
by the Land Use Board.
[Amended 3-20-2001 by Ord. No. 01-2]
(6)
Part of the development proposals submitted to and
approved by the Land Use Board shall be provisions to ensure that
control of the homeowners' association will be transferred to the
individual lot owners in the development based on a percentage of
the dwelling units sold and/or occupied, together with assurances
in the bylaws that the homeowners association shall have the maintenance
responsibilities for all lands to which they hold title.
[Amended 3-20-2001 by Ord. No. 01-2]
(7)
In the event that the aforesaid association shall
fail to maintain the common property in reasonable order and condition,
the Township Committee may serve written notice upon such association
or upon the owners of the development setting forth the manner in
which the association has failed to maintain the common property in
reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be cured within 35 days thereof and
shall state the date and place of a hearing thereon which shall be
held within 15 days of the notice. At such hearing, the Township Committee
may modify the terms of the original notice as to deficiencies and
may give a reasonable extension of time, not to exceed 65 days, within
which they shall be cured. If the deficiencies set forth in the original
notice or in the modification thereof shall not be cured within said
35 days or any permitted extension thereof, the Township, in order
to preserve the common property and maintain the same for a period
of one year, may enter upon and maintain such land. Said entry and
maintenance shall not vest in the public any rights to use the common
property except when the same is voluntarily dedicated to the public
by the owners. Before the expiration of said year, the Township Committee
shall, upon its initiative or upon the request of the association
theretofore responsible for the maintenance of the common property,
call a public hearing upon 15 days' written notice to such association
and to the owners of the development, to be held by the Township Committee,
at which hearing such organization and the owners of the development
shall show cause why such maintenance by the Township shall not, at
the election of the Township, continue for a succeeding year. If the
Township Committee shall determine that such association is ready
and able to maintain said common property in reasonable condition,
the Township shall cease to maintain said common property at the end
of said year. If the Township Committee shall determine that such
association is not ready and able to maintain said common property
in a reasonable condition, the Township may, in its discretion, continue
to maintain said common property during the next succeeding year,
subject to a similar hearing and determination in each year thereafter.
The decision of the Township Committee in any such case shall constitute
a final administrative decision subject to judicial review.
(8)
The cost of such maintenance by the Township shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the common property in accordance
with assessed value at the time of imposition of the lien and shall
become a lien and tax on said properties and be added to and be a
part of the taxes to be levied and assessed thereon and enforced and
collected with interest by the same officers and in the same manner
as other taxes.
G.
All dwellings shall be connected to approved and functioning
public water and sanitary sewer systems prior to the issuance of a
certificate of occupancy. Plans for such systems shall be submitted
and approved as part of site plan approval.
H.
No certificate of occupancy shall be issued for any
building or part thereof until all streets, drainage, parking facilities
and water and sewer facilities servicing said structure are properly
completed and functioning.
I.
All legal documents to be used in devoting lands to
public use or to establish restrictions on same and in establishing
the homeowners' association shall be approved by the Land Use Board
Attorney.
[Amended 3-20-2001 by Ord. No. 01-2]
[Amended 11-9-1988 by Ord. No. 88-11]
Penthouses or roof structures for the housing
of stairways, tanks, ventilating fans, air-conditioning equipment
or similar equipment required to operate and maintain the building,
skylights, spires, cupolas, flagpoles, chimneys or similar structures
may be erected above the height limitations prescribed by this chapter
onto all buildings, except detached dwellings (where these exceptions
shall not apply), provided that none of the same, other than farm
silos, exceed the maximum applicable building height limitation prescribed
by this chapter by more than 25%. Furthermore, any of the foregoing
which are located on a roof and project above it shall not cover more
than 5% of the roof area and shall be located as far from the perimeter
of the roof as practicable to minimize visibility.
A.
Application procedure. Before a building permit, zoning permit or certificate of occupancy shall be issued for a conditional use, as permitted by this chapter, such use shall be approved as a conditional use in the manner described in Chapter 64 of this Code.
[Amended 9-17-1996 by Ord. No. 96-12]
B.
C.
[2]Special requirements for rental centers.
[Added 9-17-1996 by Ord. No. 96-12]
(1)
With the exception of equipment which must be driven,
towed or trailered to be transported, all materials shall be contained
within a building or in open storage areas maintained in a side or
rear yard, contiguous to the principal building.
(2)
A six-foot-high solid fence shall be located so as
to screen all open storage areas from public view.
(3)
All regulations for the zoning district in which the
use is to be located shall be complied with. The minimum lot area
in any zone shall not be less than three acres.
(4)
Equipment for rental may be displayed in front yard
areas during business hours, provided that the equipment is set back
at least 25 feet from the street line (right-of-way line).
(5)
No item of equipment exceeding 8,000 pounds shall
be rented.
D.
Special requirements for community centers, quasi-public
clubs and social and fraternal clubs.
[Amended 9-17-1996 by Ord. No. 96-12]
(1)
All regulations for the zoning district in which the
use is to be located shall be complied with, except that the minimum
lot area shall not be less than three acres. Not more than 20% of
the lot area shall be covered by structures.
(2)
No building, structure or active recreation facilities
shall be located within 100 feet of an adjacent residential property
line.
(3)
Where parking areas are adjacent to a residential
zone or use, a twenty-five-foot buffer strip, including fences and
shrubs no less than six feet high, shall be provided.
E.
Special requirements for hotels and motels.
(1)
Each unit of accommodation shall contain a minimum
floor area of 250 square feet. Ceilings shall be a minimum of eight
feet in height.
(2)
Each unit of accommodation shall include a minimum
of two rooms, a bedroom and a separate bathroom which afford privacy
to a person within said room and which is equipped with a toilet,
a wash basin and a bathtub or shower, all properly connected to water
and sewer systems. There shall be no cooking facilities in any unit
of accommodation.
(3)
There shall be a residency limitation on all guests
of 30 days maximum. The foregoing residency limitation shall not apply
to an employee living on the premises.
(4)
All of the area, yard, building coverage and height
requirements of the respective zone and other applicable requirements
of this chapter must be met.
F.
Special requirements for public utility uses.
(1)
For purposes of this chapter, the term "public utility
uses" shall include such uses as telephone, dial equipment centers,
power substations and other public utility services, but shall not
include service or storage yards or similar uses.
(2)
The proposed installation in a specific location must
be reasonably necessary for the satisfactory provision of service
by the utility to the neighborhood or areas in which the particular
use is to be located.
(3)
The design of any building in connection with such
facilities must conform to the general character of the area and not
adversely affect the safe, comfortable enjoyment or property rights
in the zone in which it is located.
(4)
Adequate fences and other safety devices must be provided
as may be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Safety Code in effect
at the time of construction.
(5)
Sufficient landscaping, including shrubs, trees and
lawn, shall be provided and be periodically maintained.
(6)
All of the area, yard, building coverage, parking
and height requirements of this respective zone and other applicable
requirements of this chapter must be met.
G.
Special requirements for service stations.
[Amended 3-8-1989 by Ord. No. 89-5]
(1)
Application.
(a)
Application for a conditional use permit for
a service station shall be made to the Land Use Board by filing the
same with the Secretary of the Board. Such application shall set forth
the following information and shall be accompanied by such papers
or documents which shall contain the following:
[Amended 3-20-2001 by Ord. No. 01-2]
[1]
A plot plan, drawn to scale, showing the location
of the premises and of the building thereon; the street, entrances
and exits or driveways; and the precise location of the tanks, pumps,
lifts and other appurtenances.
[2]
The width of the street or streets upon which
said premises abut.
[3]
The location, type or kind of structure and
present use, if known, of all buildings within 200 feet of the boundary
lines of the premises.
(b)
Where the applicant is a person other than the
owner of the premises, the written consent of such owner or owners
authorizing the filing of the application.
(2)
The Land Use Board must find after a hearing that:
[Amended 9-17-1996 by Ord. No. 96-12; 7-20-1999 by Ord. No. 99-9; 11-15-1999 by Ord. No. 99-12; 3-20-2001 by Ord. No. 01-2]
(a)
The entrance and exit driveway or driveways
are at least 20 feet wide but not more than 30 feet wide and 20 feet
from the adjoining lot line and at least 75 feet from the corner of
intersecting streets.
(b)
Floor drains shall not be connected to any public
sanitary sewer system.
(c)
Areas susceptible to fuel spills, including
the areas surrounding fill pipes for storage tanks and fuel pump islands,
shall incorporate spill containment features to contain the maximum
probable spill so as to prevent accidental spills from entering the
stormwater drainage system and traveling off-site.
(d)
The nearest boundary line of the lot is at least
300 feet from any boundary line of the property which is used as or
upon which is erected:
[1]
A public or private school.
[2]
A church or other place of worship.
[3]
A hospital.
[4]
A public library, public art museum or other
public building.
[5]
A theater or other building or structure used
or intended to be used for motion picture, theatrical or operatic
productions or public entertainment.
[6]
A public playground or civic center.
[7]
A firehouse or fire station.
(e)
Repair work, oil changes and lubrication, other
than occasional incidental minor repairs, shall take place entirely
within the building, and all repair or service apparatus or equipment
shall be located entirely within the building.
(f)
A service station shall comply with the yard
requirements for the district in which it is located with respect
to the location of tanks, pumps, lift, filing, greasing or other device,
appliance or apparatus.
(g)
Outdoor displays of products for sale or rental
shall not be permitted with the exception of oil, windshield washer
fluid, coolant, tires, wheels, wiper blades and products in vending
machines. Outdoor displays of products shall be set back at least
25 feet from the street line (right-of-way line).
(h)
A maximum of five motor vehicles awaiting repair
may be parked overnight on the premises, exclusive of vehicles parked
inside the building.
(i)
The use and parking of tow trucks shall be limited
to three per service station.
(j)
Accessory uses.
[1]
The sale or rental of cars, trucks, trailers,
boats or any other vehicles on the premises of a service station shall
be prohibited.
[2]
The storage of cars, trucks, trailers, boats
or any other vehicles not being serviced or repaired on the premises
of a service station facility shall be prohibited.
[3]
The storage of inoperable vehicles classified
as junk cars, or those of a type which can be registered, but are
not currently registered with any jurisdiction shall not be permitted.
(k)
All of the area, yard, building coverage and
height requirements of the respective zone and other applicable requirements
of this chapter must be met, with the exception that minimum lot area
requirements for service stations in the HC zone shall be 1.50 acres.
(l)
Truck stops and/or what is commonly referred to as travel centers
(which usually include overnight parking, a diner/restaurant, showers
and full-service over-the-road truck maintenance garage) shall be
prohibited.
[Amended 12-18-2007 by Ord. No. 2007-22; 11-19-2018 by Ord. No. 2018-10; 4-16-2019 by Ord. No. 2019-05]
(m)
Service stations may be operated 24 hours per
day in the HC and GC Zones, provided they have obtained an approved
lighting plan from the Township Land Use Board.
[Amended 12-18-2007 by Ord. No. 2007-22; 4-14-2008 by Ord. No. 2008-07]
(n)
There shall be no multiple principal uses on
the property on which the service station is situated.
H.
Special requirements for nursing homes.
(1)
Nursing homes and other buildings, to the extent required
by the State of New Jersey, shall conform to the Manual of Standards
for Nursing Homes issued by the Department of Institutions and Agencies
of the State.
(2)
The minimum lot area for a nursing home shall be five
acres. The minimum lot width, at the front building line, shall be
300 feet. The minimum front yard shall be 75 feet. There shall be
two side yards no less than 100 feet in aggregate width and neither
yard less than 50 feet. There shall be a rear yard with a depth of
not less than 50 feet.
(3)
Not more than 20% of the area of each lot may be occupied
by buildings. No building shall exceed a height of 35 feet or 2 1/2
stories.
(4)
Each nursing home shall be served by public water
supply and sanitary sewer facilities.
(5)
The maximum number of beds shall be 10 for the first
1 1/2 acres of lot area and five beds for each additional acre
of lot area.
(6)
Such homes shall not be primarily used for the care
of patients suffering from communicable disease and shall not be used
for the cure of patients who are mentally incompetent or insane and
who, by reason of such mental condition, constitute a danger to the
public.
I.
Special requirements for riding academies. No area
used for housing riding animals shall be closer than 150 feet to any
lot line.
J.
Special requirements for contractors equipment and
machinery sales and contractors storage yards.
[Added 4-18-1995 by Ord. No. 95-14; amended 9-17-1996 by Ord. No. 96-12]
(1)
No equipment shall be stored or parked in front yard
areas with the exception of machinery for sale at an authorized sales
dealer. Any equipment parked in front yard areas shall be set back
at least 25 feet from the street line (right-of-way line).
(2)
Repair work and oil changes and lubrication, other
than occasional incidental minor repairs, shall take place entirely
within the building and all repair or service apparatus or equipment
shall be located entirely within the building.
(3)
The storage of inoperable vehicles or those of a type
which can be registered, but are not currently registered with any
jurisdiction, shall not be permitted.
(4)
A minimum landscaped area 20 feet wide shall be provided
along all side and rear property lines. Contractors storage yards
shall also provide a minimum landscaped area 25 feet wide adjacent
to the property line abutting public streets, except where curb cuts
are located. The landscaped area shall be increased to 50 feet adjacent
to residential property lines. All buffers and landscaped areas shall
be protected from adjacent parking areas by curbs, or concrete or
wood bumpers, at least six inches in height and securely anchored
into the ground.
(5)
A six-foot-high solid fence shall be located so as
to screen all open storage areas from public view.
K.
Special requirements for auto body shops, auto repair
shops and oil change shops.
[Added 4-9-1980; amended 4-18-1995 by Ord. No. 95-14; 9-17-1996 by Ord. No. 96-12]
(1)
Repair work and oil changes and lubrication, other
than occasional incidental minor repairs, shall take place entirely
within the building and all repair or service apparatus or equipment
shall be located entirely within the building.
(2)
Outdoor displays of products for sale or rental shall
not be permitted, with the exception of oil, windshield washer fluid,
coolant, tires, wheels, wiper blades and products in vending machines.
Outdoor displays of products shall be set back at least 25 feet from
the street line (right-of-way line).
(4)
When parking for more than eight vehicles awaiting
repair is provided, the parking area shall be screened from the public
street and adjacent properties by a six-foot-high solid fence or landscaping
which accomplishes the same degree of screening as a six-foot-high
fence.
(5)
All of the area, yard, building coverage and height
requirements of the respective zone and other applicable requirements
of this chapter must be met, with the exception that minimum lot area
requirements for oil change shops and auto repair shops in the HC
zone shall be 1.50 acres.
L.
Special requirements for auditoriums and assembly
halls.
[Added 9-17-1996 by Ord. No. 96-12]
(1)
The above uses must be connected to a municipal public
sewer.
(2)
No building shall be located within 100 feet of an
adjacent residential property line.
(3)
Where parking areas are adjacent to a residential
zone or use, a twenty-five-foot buffer strip, including fences and
shrubs, no less than six feet high shall be provided.
(4)
All regulations for the zoning district in which the
use is to be located shall be complied with, except that the minimum
lot area shall be not less than five acres. Not more than 20% of the
lot area shall be covered by structures.
M.
Special requirements for automobile sales.
[Added 9-17-1996 by Ord. No. 96-12]
(1)
The minimum lot area shall be five acres.
(2)
The minimum lot frontage shall be 300 feet.
(3)
The minimum lot depth shall be 300 feet.
(4)
There shall be a building on the lot in conjunction
with the use which shall contain no less than 15,000 square feet of
usable floor area. At least 25% of said floor area shall be devoted
to new or used car display purposes.
(5)
The area devoted to outside display of new and used
cars shall not exceed 60% of the total lot area.
(6)
Display lighting shall be shielded and shall be so
located and maintained as not to constitute a hazard or nuisance to
the public using the highway or to neighbors. In particular, so-called
"string lights" shall be permitted.
(7)
A minimum buffer area of 50 feet in width shall be
provided along a lot line abutting a residential district or use.
(8)
Outdoor displays of vehicles for sale shall be set
back at least 25 feet from the street line (right-of-way line).
(9)
All other regulations regarding setbacks, yard area,
impervious coverage, building coverage and floor area ratio for the
zoning district in which the use is to be located shall be complied
with.
N.
Special requirements for retail nurseries.
[Added 9-17-1996 by Ord. No. 96-12]
(1)
With the exception of the landscape plants, shrubs
and trees, all materials for sale shall be contained within a building,
except that open storage and sales areas may be maintained in a side
or rear yard, provided that such open storage and sales areas are
contiguous to the building and are screened by a six-foot-high solid
fence so designed as to screen all materials and supplies, except
plant materials, from public view.
(2)
Plant materials may be displayed openly in any yard.
When displayed in the front yard, a twenty-five-foot setback from
the street line (right-of-way line) must be maintained.
(3)
All regulations for the zoning district in which the
use is to be located shall be complied with, except that the minimum
lot area shall be not less than three acres.
[Added 8-9-1978; amended 11-9-1988 by Ord. No. 88-11; 10-17-1995 by Ord. No. 95-33; 9-17-1996 by Ord. No. 96-12; 12-18-2001 by Ord. No.
01-16]
In the MR and VR Zoning Districts, a flag lot,
whose principal use is for detached single-family dwelling purposes,
is permitted under the following conditions:
A.
The minimum lot frontage is at least 50 feet, and
at no point shall the width of such lot be less than 50 feet.
B.
The setback line and lot width may be measured at
a greater, but not a lesser, distance from the lot frontage than is
otherwise required under this chapter.
C.
The side lines of such lot shall intersect the street
line at angles of between 75º and 90º.
D.
The location of the lot frontage and the configuration
of the lot shall be such that access to and from the street fronting
such lot, and the improvement and use of access to a dwelling on such
lot, as well as drainage and other site considerations, will not adversely
affect the remainder of a tract from which any such lot is to be subdivided.
E.
No point on the frontage of such lot shall be closer
to a point on the frontage of another flag lot permitted under this
section than 500 feet as measured along street lines.
F.
The lot area shall be computed excluding the portion
of the lot between the lot frontage and the point where the lot width
first equals or exceeds the lot width otherwise required under this
chapter.
[Added 10-10-1990 by Ord. No. 90-15]
A.
One accessory dwelling unit may be created and permitted
to exist as an accessory use in any residential district, subject
to the provisions of this section.
B.
A permit for the creation of an accessory dwelling
unit may be issued if the Zoning Officer and Construction Code Official
determine the following:
(1)
That the property upon which the accessory dwelling
is to be created has a gross area of not less than 10,000 square feet;
(2)
That the primary dwelling unit on said property
has been occupied as a single-family dwelling unit pursuant to a certificate
of occupancy or otherwise validly for a period of not less than five
years prior to the application to create an accessory dwelling unit
thereon;
(3)
That either the primary dwelling unit or the
accessory dwelling unit shall be occupied as a residence by the owner
of the property;
(4)
That at least one of the persons occupying either
the accessory dwelling unit or the primary dwelling unit shall be
not less than 62 years of age;
(5)
That no more than three persons shall occupy
the accessory dwelling unit;
(6)
That no accessory dwelling unit shall have less
than 400 square feet of floor area, nor a floor area in excess of
20% of the floor area of the building;
(7)
That no changes are to be made to the exterior
of the dwelling which would detract from its external appearance as
a single-family dwelling, except that a separate door may be installed
to provide access to the accessory dwelling unit so long as the same
does not abut the front yard, if the accessory dwelling unit is to
be contained within the existing dwelling;
(8)
That no separate utility meters shall be provided
for the accessory dwelling unit;
(9)
That an additional parking space shall be provided
on site for the servicing of the accessory dwelling unit;
(10)
That the accessory dwelling unit shall not be
situated in a basement or garage area;
(11)
That the septic or sewerage system shall be
adequate to service the accessory dwelling unit;
(12)
That, if the accessory dwelling unit is to be
created as a separate accessory structure, the same is designed to
appear as if it is an outbuilding in keeping with the character of
the neighborhood and that it is connected to the utility systems serving
the principal structure on the property without separate meters;
(13)
If the accessory dwelling unit is located within
the dwelling, that the kitchen is designed in order that it can be
removed upon the termination of the accessory dwelling unit and that
no built-in appliances are allowed or provided for, except that the
sink and toilet may be designed to remain therein.
(14)
If the accessory dwelling unit is created as
a separate accessory structure, that the structure can be removed
expeditiously and without undue damage to the property upon termination
of the accessory dwelling unit; and
(15)
That the accessory dwelling unit can be created
or erected without violation of any provision of this chapter or any
other ordinance or regulation of the Township.
C.
If the Zoning Officer and Construction Code Official
determine that the above conditions and all the requirements of law
have been satisfied, a certificate of occupancy shall be issued for
the accessory dwelling unit.
D.
On or before the first day of January next following the issuance of a certificate of occupancy and annually thereafter, the owner of the property upon which such accessory dwelling unit is situated shall file with the Zoning Officer a sworn affidavit, in form to be provided by him, which shall state that there has been no change in the conditions upon which the certificate of occupancy is granted and that the property fully complies with the provisions of § 123-32.2B hereof. If such affidavit is not filed by January 1 of each year, the certificate of occupancy for the accessory dwelling unit shall be revoked and the owner shall be so advised forthwith in writing.
E.
Termination.
(1)
A certificate of occupancy for an accessory
dwelling unit shall terminate upon the happening of any of the following
conditions:
(a)
The revocation of the same pursuant to § 132-32.2D
hereof;
(b)
The death or permanent vacation of the person
62 years of age or older;
(c)
The transfer of title by the owner of the property;
or
(d)
The violation by the owner of the property of
any of the conditions set forth in § 132-32.2B hereof.
(2)
In the event of the termination of a certificate
of occupancy for an accessory dwelling unit, the owner of the premises
shall forthwith, and in no event more than 30 days after the termination
of such certificate of occupancy, remove the kitchen facilities or
the structure, if it is a separate structure, and the accessory dwelling
unit shall cease to exist. Any continued occupancy of an accessory
dwelling unit after the termination of a certificate of occupancy
therefor shall constitute a violation. Nothing contained herein shall
prevent an application to renew such accessory dwelling unit, provided
that the conditions of this section are adhered to.
F.
The Zoning Officer shall have the right to periodically
inspect all accessory dwelling units in order to determine compliance
with the provisions of this section.
G.
The creation, maintenance, occupancy or continued
occupancy of an accessory dwelling unit except as may herein be permitted
shall be deemed a violation of this chapter.
