No building shall hereafter be used, erected,
altered, converted, enlarged, added to, moved or reduced, wholly or
in part, nor shall any land be designed, used or physically altered
for any purpose or in any manner except in conformity with this chapter.
Where a lot is formed from part of a lot already occupied by a building,
such subdivision shall be effected in such a manner as not to impair
any of the requirements of this chapter with respect to the existing
building and all yards and other open space in connection therewith,
and so that all resulting lots have adequate dimensions consistent
with the requirements of the zoning district in which they are located,
and so that all lots have frontage on a street.
A.
Permitted principal uses.
(1)
Single-family detached dwelling units.
(2)
Farms and agricultural uses.
(3)
Golf courses.
(4)
Public parks, playgrounds and conservation areas.
(5)
Public safety facilities.
(6)
Cemeteries.
(7)
Community residences for the developmentally disabled
or persons with head injuries, community shelters for victims of domestic
violence, community residences for the terminally ill, and adult family
care homes for elderly persons and physically disabled adults.
[Added 2-27-2003 by Ord. No. 03-07]
B.
Permitted accessory building and uses.
[Amended by Ord. No. 87-25; Ord. No. 1989-30; Ord. No. 97-12]
(1)
Attached and detached private garages and carports,
not to exceed spaces for three vehicles.
(2)
Off-street parking facilities.
(3)
Private residential greenhouses, tool or garden sheds
conforming to the requirements of the Building Code, permanently installed
and secured, containing not more than 200 square feet, a height of
15 feet, and shall be located in rear yards only.
[Amended 3-12-2002 by Ord. No. 02-07]
(4)
Roadside stands for the sale of farm or nursery products
grown on the premises, provided adequate off-street parking is provided
as approved by the Board.
(5)
Animal shelters for domestic pets, provided the total
area of the shelter does not exceed 25 square feet, and shall conform
to setback lines for accessory buildings or structures.
(6)
Golf course related facilities and amenities as defined.
(7)
Private swimming pools and tennis courts in compliance
with this chapter.
(11)
Residential day-care houses.
(12)
Solar energy systems on rooftops.
[Added 9-12-2017 by Ord.
No. 17-23]
D.
Lot, area, yard, height and coverage requirements.
(1)
Principal building (required).
(a)
Lot area, corner lot: 22,500 square feet, minimum.
(b)
Lot area, interior lot: 18,750 square feet,
minimum.
(c)
Lot frontage: 125 feet, minimum.
(d)
Lot width, corner lot: 150 feet, minimum.
(e)
Lot width, interior lot: 125 feet, minimum.
(f)
Lot depth: 125 feet, minimum.
(g)
Front yard: 50 feet, minimum.
(h)
Side yard, each: 20 feet, minimum.
(i)
Rear yard: 40 feet, minimum.
(j)
Height: 2 1/2 stories, not to exceed; 35
feet, maximum.
(3)
Coverage.
[Amended 3-18-2013 by Ord. No. 13-08]
(a)
Principal building: 15%.
(b)
Total impervious: 22%.
[1]
Total impervious coverage may increase to 24% upon utilization
of the following techniques to reduce the amount of stormwater documented
by 15% coming from the property:
(c)
Accessory buildings:
Maximum Accessory Building Coverage
| ||
---|---|---|
Lot Area
|
Accessory Building Coverage
(percentage of principal building coverage)
|
Design Bonus*
(percentage of principal building coverage)
|
Less than 5,000
|
20%
|
25%
|
5,000 to 5,999
|
20%
|
25%
|
6,000 to 9,999
|
22%
|
25%
|
10,000 to 19,999
|
25%
|
30%
|
20,000 or greater
|
25%
|
30%
|
*To receive design bonus consideration, the accessory structure
shall be constructed of the same or complementary materials, colors
and architectural style as the principal structure; applicants would
be eligible for increased accessory structure coverage.
|
(4)
Floor area ratio (FAR) standard, base floor area requirements,
and bedroom yields.
[Added 5-23-2006 by Ord. No. 06-18;
amended 10-10-2006 by Ord. No. 06-31; 3-18-2013 by Ord. No. 13-08]
(a)
Table of values for calculations:
[Amended 7-24-2018 by Ord. No. 18-17]
Column 1
|
Column 2
|
Column 3
|
Column 4
|
---|---|---|---|
Lot Size Break Points
(square feet)
|
Starting Point
(square feet)
|
Additional Area Multiplier
(factor)
|
Base Floor Area
(square feet)
|
0 to 4,999
|
0
|
0.00
|
0
|
5,000 to 7,499
|
5,000
|
0.08
|
1,600
|
7,500 to 9,999
|
7,500
|
0.08
|
1,800
|
10,000 to 14,999
|
10,000
|
0.10
|
2,000
|
15,000 to 19,999
|
15,000
|
0.10
|
2,500
|
20,000 to 24,999
|
20,000
|
0.08
|
3,000
|
25,000 and greater
|
25,000
|
0.00
|
3,400
|
(b)
Variances commensurate with the character of the street a home
is located on may be granted, such as those along major thoroughfares.
(c)
Process:
1.
|
Determine the LOT SIZE range into which your
lot falls (Column 1).
|
2.
|
Determine the number of square feet by which
your lot exceeds the STARTING POINT square footage (Column 2) for
the range.
|
3.
|
Identify the MULTIPLIER to be used (Column 3).
|
4.
|
Identify the BASE FLOOR AREA to be used (Column
4).
|
5.
|
Bedroom yields: based on existing neighborhood character of
property in the R-1 Zone. The maximum number of bedrooms shall not
exceed the largest whole number of the calculation (e.g., 5.7 shall
be rounded down to five bedrooms). Calculated as follows: Total Base
Floor Area / 575 square feet. Dwelling units with less than 1,725
square feet shall be permitted to have three bedrooms.
|
(d)
Example: This example will use a lot with a
total area of 8,700 square feet.
1.
|
Subtract the lot area square footage from the
STARTING POINT (Column 2) square footage. For this example, 8,700
square feet minus 7,500 square feet equals 1,200 square feet (8,700
- 7,500 = 1,200).
|
2.
|
To determine any additional permitted floor
area, multiply the difference of your lot area and the STARTING POINT
(calculated in Step 1) by the MULTIPLIER (Column 3) for the appropriate
range. For this example, 1,200 square feet (from Step 1) multiplied
by 0.18 equals 216 square feet (1,200 x 0.18 = 216).
|
3.
|
Add any additional permitted floor area (calculated
in Step 2) to the BASE FLOOR AREA of the appropriate range (Column
4). For this example, the BASE FLOOR AREA is 2,100 square feet plus
the additional permitted floor area of 216 square feet (from Step
2) equals a total maximum permitted floor area of 2,316 square feet
(2,100 + 216 = 2,316).
|
E.
General requirements:
(1)
All buildings and uses shall be served by public water
and sewerage.
(2)
All lots shall have concrete curb and sidewalks along
all street frontages.
(3)
Not more than one principal building used as a single-family
detached dwelling unit shall be located on a lot.
(4)
Each dwelling unit shall provide for a minimum of two off-street parking spaces. The spaces may include the space within a garage or carport and the space within the approach driveway but excluding that portion of a driveway within the right-of-way lines of a public street. Other permitted uses shall comply with parking requirements of § 215-36.
(5)
Driveways, residential.
(a)
No driveway shall be located closer to a side
or rear property line than 10 feet. Side entry garages are encouraged.
(b)
Off-street parking areas may be constructed
no closer than five feet to a side or rear property line and may encroach
into a front yard but no closer to a street line than 10 feet, and
landscaped appropriately.
(c)
All driveways shall have a minimum width of
10 feet for a single drive and a maximum width of 30 feet for either
a double or triple driveway; except, however, that the driveway width
at the street right-of-way line shall not exceed a width of 20 feet.
(d)
All driveway widths, at the curbline, shall be six feet wider along local or marginal access streets and 12 feet wider along arterial, primary or secondary collector streets than the width provided for a concrete apron as regulated in Article VII. No driveway apron along the curbline shall extend beyond the linear extension of the side lot line to the curbline.
(e)
Provision for on-lot vehicular turnaround, which
will comfortably and safely provide for exiting the premises in a
forward manner, shall be constructed for each dwelling unit which
fronts on an arterial or collector road or at any other location at
which, in the option of the Board, such turnaround is required to
provide for traffic safety.
(6)
One commercial vehicle with a rated capacity not exceeding
1 1/2 tons or 3,000 pounds and not having more than four wheels,
owned and used by a resident of the premises, shall be permitted to
be regularly parked or garaged on a lot in any residential district.
These provisions shall not be deemed to limit the number or size of
commercial trucks used upon a farm nor construction equipment which
is temporarily used on a site for construction or reconstruction purposes.
F.
Parking on rental premises.
[Added 1-25-2005 by Ord. No. 05-07]
(1)
Any property used as a rental premises shall provide
for one off-street parking space on said property for every licensed
driver residing in such rental premises.
(3)
Parking accommodations for greater than four vehicles
must be screened from the street and surrounding properties.
(4)
All total parking accommodations must conform to the
Ewing Township Land Development Ordinance, including impervious surface
coverage requirements.
A.
Permitted principal uses.
(1)
Single-family detached dwelling units.
(2)
Public parks, playgrounds and conservation areas.
(3)
Public safety facilities.
(4)
Cemeteries.
(5)
Community residences for the developmentally disabled
or persons with head injuries, community shelters for victims of domestic
violence, community residences for the terminally ill, and adult family
care homes for elderly persons and physically disabled adults.
[Amended 2-27-2003 by Ord. No. 03-07]
B.
Permitted accessory uses.
[Amended by Ord. No. 87-25; Ord. No. 1989-30; Ord. No. 97-12]
(1)
Attached and detached private garages and carports,
not to exceed space for three vehicles.
(2)
Off-street parking facilities.
(3)
Private residential greenhouses, tool or garden sheds
conforming to the requirements of the Building Code, permanently installed
and secured, containing nor more than 200 square feet, a height of
15 feet and shall be located in rear yards only.
[Amended 3-12-2002 by Ord. No. 02-07]
(4)
Animal shelters for domestic pets, provided the total
area of the shelter does not exceed 25 square feet and shall conform
to the setback lines for accessory buildings or structures.
(5)
Private swimming pools and tennis courts in compliance
with this chapter.
(9)
Residential day-care houses.
(10)
Solar energy systems on rooftops.
[Added 9-12-2017 by Ord.
No. 17-23]
D.
Lot, area, yard, height and coverage requirements.
(1)
Principal building (required).
(a)
Lot area, corner lot: 12,100 square feet, minimum.
(b)
Lot area, interior lot: 10,000 square feet,
minimum.
(c)
Lot frontage: 80 feet, minimum.
(d)
Lot width, corner lot: 110 feet, minimum.
(e)
Lot width, interior lot: 80 feet, minimum.
(f)
Lot depth: 110 feet, minimum.
(g)
Front yard: 40 feet, minimum.
(h)
Side yard, each: 10 feet, minimum.
(i)
Rear yard: 35 feet, minimum.
(j)
Height: 2 1/2 stories, not to exceed; 35
feet, maximum.
(3)
Coverage.
[Amended 3-18-2013 by Ord. No. 13-08]
(a)
Principal building: 18%.
(b)
Total impervious: 26%.
[1]
Total impervious coverage may increase to 28% upon utilization
of the following techniques to reduce the amount of stormwater documented
by 15% coming from the property:
(c)
Accessory buildings.
Maximum Accessory Building Coverage
| ||
---|---|---|
Lot Area
|
Accessory Building Coverage
(percentage of principal building coverage)
|
Design Bonus*
(percentage of principal building coverage)
|
Less than 5,000
|
20%
|
25%
|
5,000 to 5,999
|
20%
|
25%
|
6,000 to 9,999
|
22%
|
25%
|
10,000 to 19,999
|
25%
|
30%
|
20,000 or greater
|
25%
|
30%
|
*To receive design bonus consideration, the accessory structure
shall be constructed of the same or complementary materials, colors
and architectural style as the principal structure; applicants would
be eligible for increased accessory structure coverage.
|
(4)
Floor area ratio (FAR) standard, base floor area requirements,
and bedroom yields.
[Added 5-23-2006
by Ord. No. 06-18; amended 10-10-2006 by Ord. No. 06-31; 3-18-2013 by Ord. No. 13-08]
(a)
Table of values for calculations:
Column 1
|
Column 2
|
Column 3
|
Column 4
| |
---|---|---|---|---|
Lot Size
Break Points
(square feet)
|
Starting Point
(square feet)
|
Additional Area Multiplier
(factor)
|
Base Floor Area
(square feet)
| |
0 to 2,499
|
0
|
0.00
|
0
| |
2,500 to 4,999
|
2,500
|
0.12
|
900
| |
5,000 to 7,499
|
5,000
|
0.15
|
1,200
| |
7,500 to 9,999
|
7,500
|
0.12
|
1,575
| |
10,000 to 12,499
|
10,000
|
0.08
|
1,875
| |
12,500 to 14,999
|
12,500
|
0.05
|
2,075
| |
15,000 to 19,999
|
15,000
|
0.05
|
2,200
| |
20,000 and greater
|
20,000
|
0.00
|
2,450
|
(b)
Variances commensurate with the character of
the street a home is located on may be granted, such as those along
major thoroughfares.
(c)
Process:
1.
|
Determine the LOT SIZE range into which your
lot falls (Column 1).
| |
2.
|
Determine the number of square feet by which
your lot exceeds the STARTING POINT square footage (Column 2) for
the range.
| |
3.
|
Identify the MULTIPLIER to be used (Column 3).
| |
4.
|
Identify the BASE FLOOR AREA to be used (Column
4).
| |
5.
|
Bedroom yields: based on existing neighborhood character of
property in the R-2 Zone. The maximum number of bedrooms shall not
exceed the largest whole number of the calculation (e.g., 5.7 shall
be rounded down to five bedrooms). Calculated as follows: Total Base
Floor Area / 425 square feet. Dwelling units with less than 1,275
square feet shall be permitted to have three bedrooms.
|
(d)
Example: This example will use a lot with a
total area of 8,700 square feet.
1.
|
Subtract the lot area square footage from the
STARTING POINT (Column 2) square footage. For this example, 8,700
square feet minus 7,500 square feet equals 1,200 square feet (8,700
- 7,500 = 1,200).
| |
2.
|
To determine any additional permitted floor
area, multiply the difference of your lot area and the STARTING POINT
(calculated in Step 1) by the MULTIPLIER (Column 3) for the appropriate
range. For this example, 1,200 square feet (from Step 1) multiplied
by 0.18 equals 216 square feet (1,200 x 0.18 = 216).
| |
3.
|
Add any additional permitted floor area (calculated
in Step 2) to the BASE FLOOR AREA of the appropriate range (Column
4). For this example, the BASE FLOOR AREA is 2,100 square feet plus
the additional permitted floor area of 216 square feet (from Step
2) equals a total maximum permitted floor area of 2,316 square feet
(2,100 + 216 = 2,316).
|
E.
General requirements.
(1)
All buildings and uses shall be served by public water
and sewerage.
(2)
All lots shall have concrete curb and sidewalks along
all street frontages.
(3)
Not more than one principal building used as a single-family
detached dwelling unit shall be located on a lot.
(4)
Each dwelling unit shall provide for a minimum of two off-street parking spaces. The spaces may include the space within a garage or carport and the space within the approach driveway but excluding that portion of a driveway within the right-of-way lines of a public street. Other permitted uses shall comply with parking requirements of § 215-36.
(5)
Driveways, residential.
(a)
No driveway shall be located closer to a side
or rear property line than six feet.
(b)
Off-street parking areas may be constructed
no closer than three feet to a side or rear property line and may
encroach into a front yard but no closer to a street line than 10
feet and landscaped appropriately.
(c)
All driveways shall have a minimum width of
10 feet for a single drive and a maximum width of 30 feet for either
a double or triple driveway; except, however, that the driveway width
at the street right-of-way line shall not exceed a width of 20 feet.
(d)
All driveway widths, at the curbline, shall be six feet wider along local or marginal access streets and 12 feet wider along arterial, primary or secondary collector streets than the width provided at the street line. The extra width shall provide for a concrete apron, as regulated in Article VII. No driveway apron along the curbline shall extend beyond the linear extension of the side lot line to the curbline.
(e)
Provision for on-lot vehicular turnaround, which
will comfortably and safely provide for exiting the premises in a
forward manner, shall be constructed for each dwelling unit which
fronts on an arterial or collector road or at any other location in
which, in the opinion of the Board, such turnaround is required to
provide for traffic safety.
(6)
One commercial vehicle with a rated capacity not exceeding
1 1/2 tons or 3,000 pounds and not having more than four wheels,
owned and used by a resident of the premises, shall be permitted to
be regularly parked on a public street or parked or garaged on a lot
in any residential district. These provisions shall not be deemed
to limit the number or size of commercial trucks used for construction
equipment which is temporarily used on a site for construction or
reconstruction purposes.
F.
Parking on rental premises.
[Added 1-25-2005 by Ord. No. 05-07]
(1)
Any property used as a rental premises shall provide
for one off-street parking space on said property for every licensed
driver residing in such rental premises.
(3)
Parking accommodations for greater than four vehicles
must be screened from the street and surrounding properties.
(4)
All total parking accommodations must conform to the
Ewing Township Land Development Ordinance, including impervious surface
coverage requirements.
A.
Permitted principal uses.
(1)
Single-family detached dwelling units.
(2)
Public parks, playgrounds and conservation areas.
(3)
Public safety facilities.
(4)
Community residences for the developmentally disabled
or persons with head injuries, community shelters for victims of domestic
violence, community residences for the terminally ill, and adult family
care homes for elderly persons and physically disabled adults.
[Added 2-27-2003 by Ord. No. 03-07]
B.
Permitted accessory uses.
[Amended by Ord. No. 87-25; Ord. No. 97-12]
(1)
Attached and detached private garages and carports
not to exceed space for three vehicles.
(2)
Off-street parking facilities.
(3)
Private residential greenhouses, tool or garden sheds
conforming to the requirements of the Building Code, permanently installed
and secured, containing not more than 200 square feet, a height of
15 feet and shall be located in rear yards only.
[Amended 3-12-2002 by Ord. No. 02-07]
(4)
Animal shelters for domestic pets, provided the total
area of the shelter does not exceed 25 square feet and shall conform
to the setback lines for accessory buildings or structures.
(9)
Residential day-care houses.
(10)
Solar energy systems on rooftops.
[Added 9-12-2017 by Ord.
No. 17-23]
D.
Lot, area, yard, height and coverage requirements.
(1)
Principal buildings (required).
(a)
Lot area, corner lot: 10,000 square feet, minimum.
(b)
Lot area, interior lot: 7,500 square feet, minimum.
(c)
Lot frontage: 75 feet, minimum.
(d)
Lot width, corner lot: 100 feet, minimum.
(e)
Lot width, interior lot: 75 feet, minimum.
(f)
Lot depth: 90 feet, minimum.
(g)
Front yard: 25 feet, minimum.
(h)
Side yard, each: 10 feet, minimum.
(i)
Rear yard: 25 feet, minimum.
(j)
Height: 2 1/2 stories, not to exceed; 35
feet, maximum.
(3)
Coverage.
[Amended 3-18-2013 by Ord. No. 13-08]
(a)
Principal building: 23%.
(b)
Total impervious: 30%.
[1]
Total impervious coverage may increase to 32%, permitted upon
utilization of the following techniques to reduce the amount of stormwater
documented by 15% coming from the property;
(c)
Accessory buildings.
Maximum Accessory Building Coverage
| |||
---|---|---|---|
Lot Area
|
Accessory Building Coverage
(percentage of principal building coverage)
|
Design Bonus*
(percentage of principal building coverage)
| |
Less than 5,000
|
20%
|
25%
| |
5,000 to 5,999
|
20%
|
25%
| |
6,000 to 9,999
|
22%
|
25%
| |
10,000 to 19,999
|
25%
|
30%
| |
20,000 or greater
|
25%
|
30%
|
*To receive design bonus consideration, the accessory structure
shall be constructed of the same or complementary materials, colors
and architectural style as the principal structure; applicants would
be eligible for increased accessory structure coverage.
|
(4)
Floor area ratio (FAR) standard, base floor area requirements,
and bedroom yields.
[Added 5-23-2006 by Ord. No. 06-18;
amended 10-10-2006 by Ord. No. 06-31; 3-18-2013 by Ord. No. 13-08]
(a)
Table of values for calculations:
Column 1
|
Column 2
|
Column 3
|
Column 4
| |
---|---|---|---|---|
Lot Size
Break Points
(square feet)
|
Starting Point
(square feet)
|
Additional Floor Area Multiplier
(factor)
|
Base Floor Area
(square feet)
| |
0 to 2,499
|
0
|
0.00
|
0
| |
2,500 to 4,999
|
2,500
|
0.12
|
900
| |
5,000 to 7,499
|
5,000
|
0.12
|
1,200
| |
7,500 to 9,999
|
7,500
|
0.08
|
1,500
| |
10,000 to 14,999
|
10,000
|
0.03
|
1,700
| |
15,000 to 19,999
|
15,000
|
0.03
|
1,850
| |
20,000 and greater
|
20,000
|
0.00
|
2,000
|
(b)
Variances commensurate with the character of
the street a home is located on may be granted, such as those along
major thoroughfares.
(c)
Process:
1.
|
Determine the LOT SIZE range into which your
lot falls (Column 1).
| |
2.
|
Determine the number of square feet by which
your lot exceeds the STARTING POINT square footage (Column 2) for
the range.
| |
3.
|
Identify the MULTIPLIER to be used (Column 3).
| |
4.
|
Identify the BASE FLOOR AREA to be used (Column
4).
| |
5.
|
Bedroom yields: based on existing neighborhood character of
property in the R-3 Zone. The maximum number of bedrooms shall not
exceed the largest whole number of the calculation (e.g., 5.7 shall
be rounded down to five bedrooms). Calculated as follows: Total Base
Floor Area / 400 square feet. Dwelling units with less than 1,200
square feet shall be permitted to have three bedrooms.
|
(d)
Example: This example will use a lot with a
total area of 8,700 square feet.
1.
|
Subtract the lot area square footage from the
STARTING POINT (Column 2) square footage. For this example, 8,700
square feet minus 7,500 square feet equals 1,200 square feet (8,700
- 7,500 = 1,200).
| |
2.
|
To determine any additional permitted floor
area, multiply the difference of your lot area and the STARTING POINT
(calculated in Step 1) by the MULTIPLIER (Column 3) for the appropriate
range. For this example, 1,200 square feet (from Step 1) multiplied
by 0.18 equals 216 square feet (1,200 x 0.18 = 216).
| |
3.
|
Add any additional permitted floor area (calculated
in Step 2) to the BASE FLOOR AREA of the appropriate range (Column
4). For this example, the BASE FLOOR AREA is 2,100 square feet plus
the additional permitted floor area of 216 square feet (from Step
2) equals a total maximum permitted floor area of 2,316 square feet
(2,100 + 216 = 2,316).
|
E.
General requirements.
(1)
All buildings and uses shall be served by public water
and sewerage.
(2)
All lots shall have concrete curb and sidewalks along
all street frontages.
(3)
Not more than one principal building used as a single-family
detached dwelling unit shall be located on a lot.
(4)
Each dwelling unit shall provide for a minimum of two off-street parking spaces. Said spaces may include the space within a garage or carport and the space within the approach driveway but excluding that portion of a driveway within the right-of-way lines of a public street. Other permitted uses shall comply with the parking requirements of § 215-36.
(5)
Driveways, residential.
(a)
No driveway shall be located closer to a side
or rear property line than three feet.
(b)
Off-street parking areas may be constructed
no closer than three feet to a side or rear property line and may
encroach into a front yard but no closer than 10 feet and landscaped
appropriately.
(c)
All driveways shall have a minimum width of
10 feet for a single drive and a maximum width of 30 feet for either
a double or triple driveway; except, however, that the driveway width
at the street right-of-way line shall not exceed a width of 20 feet.
(d)
All driveway widths, at the curbline, shall be six feet wider along arterial, primary or secondary collector streets than the width provided at the street line. The extra width shall provide for a concrete apron as regulated in Article VII. No driveway apron along the curbline shall extend beyond the linear extension of the side lot line to the curbline.
(e)
Provision for on-lot vehicular turnaround, which
will comfortably and safely provide for exiting the premises in a
forward manner, shall be constructed for each dwelling unit which
fronts on an arterial or collector road or at any other location in
which, in the opinion of the Board, such turnaround is required to
provide for traffic safety.
(g)
One commercial vehicle with a rated capacity
not exceeding 1 1/2 tons or 3,000 pounds and not having more
than four wheels, owned and used by a resident of the premises, shall
be permitted to be regularly parked on a public street or parked or
garaged on a lot in any residential district. These provisions shall
not be deemed to limit the number or size of commercial trucks used
for construction equipment which is temporarily used on a site for
construction or reconstruction purposes.
F.
Parking on rental premises.
[Added 1-25-2005 by Ord. No. 05-07]
(1)
Any property used as a rental premises shall provide
for one off-street parking space on said property for every licensed
driver residing in such rental premises.
(3)
Parking accommodations for greater than four vehicles
must be screened from the street and surrounding properties.
(4)
All total parking accommodations must conform to this
chapter, including impervious surface coverage requirements.
A.
Permitted principal uses.
(1)
Garden apartments or apartments regulated by a condominium
regime and homeowners' association or rental units.
(2)
Clustered multifamily residences subject to the standards contained herein except as may be modified by § 215-17I. Cluster-style multifamily dwelling units shall:
[Added 10-10-2000 by Ord. No. 00-26]
(a)
Encourage the preservation and protection of
stream corridors, steep slopes, wooded tracts and other critical areas;
(b)
Reduce the amount of required infrastructure
improvements associated with nonclustered multifamily development;
(c)
Accommodate vertical building orientations while
acknowledging the desire for substantial dwelling unit sizes and interior
common building areas; and
(d)
Not increase the maximum permitted density as set forth in § 215-17D(9).
(3)
Cemeteries.
[Added 10-10-2000 by Ord. No. 00-26]
(4)
Townhouse.
[Added 5-23-2006 by Ord. No. 06-18]
(5)
Commercial/retail
uses, including but not limited to those uses identified in the B-H
Highway Business Zone, large-scale retail stores, restaurants (including
fast-food restaurants with drive-through) with related outdoor seating,
automobile gas dispensing service stations both as a subsidiary of
a large-scale retail store and as a separate entity and convenience
store, subject to the following standards:
[Added 7-26-2011 by Ord. No. 11-17]
(b)
Bulk standards for commercial/retail uses in the RM District shall
be as follows:
[1]
Lot area: five acres minimum.
[2]
Lot frontage: 150 feet minimum.
[3]
Front yard: 75 feet minimum prior to dedications.
[4]
Side yard: 25 feet/50 feet both.
[5]
Rear yard: 35 feet.
[6]
Building height: not to exceed 50 feet, maximum, subject to the following
exception that roof structures for the housing of elevators, stairways,
tanks, ventilating fans, air-conditioning equipment or similar equipment
required to operate and maintain the building, parapet walls, skylights,
towers, spires, steeples, flagpoles, chimneys, smokestacks, radio
and television towers, monuments, water tanks, silos or similar structures
may be erected above the height limits prescribed by this chapter,
provided that such features shall not exceed 20% of the total roof
area of the building.
[7]
Total land coverage: buildings and structures not to exceed 30%.
[8]
Total impervious surface lot coverage: not to exceed 80%.
B.
Permitted accessory buildings and uses.
(1)
Off-street parking facilities.
(2)
Active and passive recreational areas.
(3)
Management offices within an apartment building.
(4)
Fences, walls and hedges as regulated by ordinance.
(6)
Other uses customarily incidental to the permitted
principal use.
(7)
Accessory
uses for commercial/retail uses shall be permitted as follows:
[Added 7-26-2011 by Ord. No. 11-17]
(a)
Off-street parking facilities.
(b)
Fences, walks and hedges as regulated by ordinance.
(c)
Signs as regulated by ordinance.
(d)
Other uses and structures customarily incidental to the permitted
principal use.
(e)
Accessory uses and structures and public and municipal utility facilities
can be located within any setback.
(8)
Solar
energy systems on rooftops.
[Added 9-12-2017 by Ord.
No. 17-23]
D.
Lot, area, yard, height, density and coverage requirements.
(1)
Lot area: five acres, minimum.
(2)
Lot frontage: 300 feet, minimum.
(3)
Lot width: 300 feet, minimum.
(4)
Lot depth: 500 feet, minimum.
(5)
Front yard: 50 feet, minimum.
(6)
Side yard, each: 50 feet, minimum.
(7)
Rear yard: 50 feet, minimum.
(10)
Distance between building parking areas and
public and private streets:
(a)
Building front wall to building front wall:
100 feet, minimum.
(b)
End wall to end wall: 30 feet, minimum.
(c)
Rear wall to rear wall: 60 feet, minimum.
(d)
End wall to building front wall: 30 feet, minimum.
(e)
End wall to rear wall: 40 feet, minimum.
(f)
Building front wall to parking lot curb: 20
feet, minimum.
(g)
Any rear or end wall to parking lot curb: 15
feet, minimum.
(h)
Any building wall to private street curb: 25
feet, minimum.
(i)
Any building wall to public street right-of-way:
50 feet, minimum.
(11)
Building coverage: 15%, maximum.
(12)
Lot coverage, total: 35%, maximum.
(13)
Open space: 50%, minimum.
E.
General requirements.
(1)
The following are the general requirements of the
Residential Multifamily District.
(a)
Access. All multifamily developments shall have
access to an arterial, primary or secondary collector road, as defined.
(b)
Site plan. The application shall be accompanied
by a comprehensive site plan, as defined, and related engineering,
planning and architectural documents or any other material which the
Board may require to produce an informed judgment on the development.
In addition, the Board may require the following:
(c)
Utilities. All developments shall be properly
serviced by a public water supply and sanitary sewerage system. A
statement from the appropriate agency permitting the connection shall
be required along with any stipulations or conditions.
(d)
Underground wiring. All wiring servicing the
development and its accessory uses shall be underground.
(e)
Street, private. As defined by ordinance, shall
contain a minimum twenty-two-foot cartway measured between curbs.
(f)
Internal circulation. Each development shall
consist of an internally oriented vehicular and pedestrian circulatory
system, independent of the street on which the development fronts
except at points of egress and ingress. Parking, either parallel or
angular, is prohibited along internal private streets.
(g)
Emergency and service traffic circulation. Site
plans shall be reviewed and approved by all service and emergency
agencies for the area. Care shall be exercised in the plan design
to facilitate traffic movements of service and emergency equipment,
the location of fire hydrants, fire zones and fire lanes, as defined.
(h)
Grading and drainage. A comprehensive drainage
water management and grading plan shall be reviewed and approved by
the Township Engineer and any other agency which may have jurisdiction
over the development, such as the County of Mercer, the Soil Conservation
Service and the Delaware and Raritan Canal Commission. No drainage
water or grading shall adversely affect adjacent properties or public
streets.
(i)
Traffic control devices. Traffic control devices,
such as, but not limited to, pavement markings, additional right-of-way
or cartway width, left-turn slots, channelization, island dividers,
acceleration and deceleration lanes, may be required if in the judgment
of the Board such traffic control devices are warranted. All required
facilities and devices shall be installed and/or constructed by the
developer.
(j)
Site lighting. Adequate and safe lighting shall
be provided for all interior private streets, parking areas, pedestrian
walkways, unit entranceways, recreational areas and similar uses or
areas. Lighting shall be arranged in a manner satisfactory to the
Board and shall not adversely affect adjacent properties, the traveling
public or occupants of the development units.
(k)
Garbage and trash collection. Each development
shall provide for private garbage and trash collection. The number
of collections shall conform with the frequency of collections in
the Township.
(l)
Laundry facilities. Adequate clothes washing
and drying facilities shall be located in each dwelling unit. No outside
area or equipment shall be permitted for laundering or drying purposes.
(m)
Future subdivisions. Any land indicated on the
approved site plan as common open space or active recreational areas
shall not be further subdivided. All such areas shall be clearly delineated
and labeled on the site plan.
(n)
Architectural floor plans and elevations. Architectural
drawings, prepared during the early and introductory stages of the
design of a development, illustrating in a schematic form its scope,
scale and relationship to the site and its environs, shall be submitted
to the Board for review and commentary. Each development shall be
compatibly designed and contain a minimum of three harmonious architectural
facades, and no two adjacent buildings shall be similar. Interior
floor plans, however, may be similar in each building.
(o)
Maximum units per building. Not more than 12
units shall be contained in any one continuous building.
(p)
Maximum units per court. Buildings shall be
encouraged to group around landscaped courts, as defined. Not more
than 36 units shall be permitted per any one parking court.
(q)
Building offsets. In all front elevations of
a building, there shall not be more than four units in any one plane.
A minimum offset of four feet shall be required along the front building
line and may include an open porch, provided the roof of said porch
is supported by columns.
(r)
Access to units. Each apartment unit shall have
its individual entrance door at the exterior of the building. Common
halls are not permitted.
(s)
Habitable areas. No dwelling unit shall be located
within a basement or cellar nor above the second floor of any apartment
development.
(t)
Balconies and patios. Each first-floor unit
shall have a patio or terrace the full width of the unit, except for
storage and utility areas, with a minimum width of six feet. Second-floor
units shall have a balcony the full width of the unit, except for
storage and utility areas, with a minimum width of six feet. All balconies
and patios shall be roofed.
(u)
Storage space. Each apartment unit shall contain
a storage space consisting of an area which shall be not less than
four feet wide, five feet deep and eight feet high, yielding a minimum
storage capacity of 160 cubic feet. Such space shall be in addition
to the usual storage space provided within each apartment unit.
(v)
Building orientation. No building shall be situated
so as to face the rear of any building within the development or adjacent
properties unless there is provided a minimum distance of 150 feet
between said buildings or there is an intervening visual, permanent
and all-season screen, buffer or barrier separating the buildings.
(w)
Construction. The construction of all dwelling
units shall comply with requirements of state, county or Township
agencies and in strict accord with the Uniform Construction Code particularly
as it concerns itself with the origin and spread of fire.
(x)
Television antenna. Not more than one external
television antenna shall be permitted for each apartment building.
All units within a building shall be serviced by a single master antenna
and shall be wired for cable TV.
(y)
Open space. Open space shall be provided in
all multifamily developments and shall be owned and governed by either
a homeowners' association, in the case of a condominium regime, or
by the owner of a rental project.
(z)
General landscaping. All areas not covered by
buildings, structures, parking aisles, driveways and walks shall be
adequately landscaped in a manner suitable to the Board. Street trees
along all public rights-of-way shall have a minimum caliper of 2 1/2
inches as measured three feet above the ground line. Spacing shall
depend upon the species selected and approved by the Board. Other
trees along driveways, parking areas, buffers, private streets, etc.,
shall have a minimum caliper of 1 1/2 inches measured three feet
above the ground line. Landscaping elements shall be maintained at
all times, and any plant material which does not survive one year
shall be replaced. Plans for landscaping shall be prepared by a landscape
architect or horticulturist.
(aa)
Conservation. Existing woodlands, windbreaks,
streams and other landscape elements shall be preserved, consistent
with good conservation practices. Plans for this conservation shall
be prepared by a landscape architect or horticulturist. All trees
with a minimum caliper of six inches and not in conflict with the
development plans shall be conserved, field marked and adequately
protected by fencing located along the dripline of said trees. Such
trees shall be located on the site plan indicating species, caliper
and condition. In the event a marked tree is destroyed, the applicant
shall be responsible for the planting of a new tree at or near the
same location. The minimum caliper of the tree shall be three inches
as measured at a point three feet above the ground. The species shall
be the same as the destroyed tree or a type as selected by the Planning
Board.
(bb)
Landscape buffer. A densely planted evergreen
landscape buffer shall be planted along all single-family detached
residential districts. The buffer shall have a minimum width of 15
feet and consist of, but not be limited to, Austrian pines, White
pines, hemlocks, fir, spruce and similar species. All trees shall
have a minimum height of five feet at the time of planting and shall
be planted in a triangular pattern 10 feet on center in order to produce
an immediate and effective visual barrier. Where there are existing
deciduous trees to be conserved, evergreens shall be interplanted,
where practical, to provide for an adequate buffer to the satisfaction
of the Board.
(cc)
Active recreational areas. The site plan shall
indicate an area for active recreational purposes consisting of 250
square feet for each unit. Each area may include a community center,
swimming pool, tennis courts, tot-lots, playgrounds, and uses customarily
incidental thereto. Active recreational facilities shall be adequately
screened and fenced from adjacent units and no closer to the units
than 50 feet, and no closer to any single-family detached district
than 100 feet. The developer shall be required to provide the land
for the active recreational area. The land, except tot-lots, shall
have a minimum width of 150 feet and a grade not to exceed 5%. The
homeowners' association or owner shall be responsible for the construction
and installation of the facilities after reaching an agreement as
to types of facilities and amenities needed. The Board reserves the
right to review and approve all facilities and amenities proposed
by the homeowners' association or owner. In addition to the aforementioned
active recreational area, one tot-lot shall be provided for each 100
units, and they shall be conveniently disbursed throughout the development.
Each tot-lot shall have a minimum area of 1,000 square feet and shall
have adequate facilities, including but not limited to swings, play
sculpture, slides and benches for parents, etc.
(2)
Requirements
for commercial/retail uses:
[Added 7-26-2011 by Ord. No. 11-17]
(a)
Principal buildings.
[1]
A lot may contain more than one principal building.
[2]
Any one principal building may contain any number and combination
of permitted uses.
[3]
While subdivisions are not usually required for nonresidential
development, it is recognized that a commercial project to be developed
pursuant to this chapter may be of such a size or type so as to make
sectionalization by subdivision and the use of different forms of
ownership a practical necessity. The Township recognizes that a technical
subdivision for such a project may be required for marketing or financing
purposes.
[a]
An application for technical subdivision approval
may be submitted with an application for approval of a nonresidential
site plan, or subsequent to the issuance of such an approval.
[b]
An application for technical subdivision approval
may be submitted with an application for approval of a site plan for
a residential development providing for low- and/or moderate-income
housing units as part of the Township's affordable housing plan, or
subsequent to the issuance of such an approval.
[c]
Such an application shall be considered as a technical
subdivision and treated as a minor subdivision application without
the necessity to obtain bulk variances that would technically be required,
subject to the following conditions:
[i]
The purpose of the application is to create a new
lot for the purpose of financing or transfer of ownership within a
development which is, or has been, the subject of a site plan approval.
[ii]
A technical subdivision may not substantially
modify or otherwise adversely impact on the integrity of a previously
approved development plan.
[iii]
A technical subdivision must not reduce, limit
or modify parking or access to parking.
[iv]
If a technical subdivision includes the division
of parking or other common areas or facilities, the subdivision shall
be conditioned upon appropriate easements for parking, access, drainage
and/or utilities where necessary.
(b)
Parking.
[1]
Parking shall be permitted within the area between the front
yard line and the street line.
[2]
Parking is permitted within the front, side and rear yard setbacks.
[3]
All parking shall be set back 25 feet from a public street right-of-way,
and five feet from any side or rear property line.
[4]
Minimum parking stall size shall be nine feet by 18 feet and
twenty-four-foot aisle width throughout.
[5]
Loading shall be permitted in side or rear yards only.
[6]
Four parking spaces shall be provided for each 1,000 square
feet of gross leasable floor area of commercial/retail use.
[7]
For each restaurant, fast food or otherwise, one parking space
shall be required for every two seats, plus one per employee.
(c)
Signage.
[1]
Pylon signs. One such sign for each access driveway when at
least 200 feet apart, not exceeding 65 feet in height and 900 square
feet in sign area per side. Signs that incorporate architectural treatment,
such as columns, features and design, may be increased in area by
20% when so approved by the Board.
[2]
Monument signs. One per entrance, not to exceed 12 feet in height
and 200 square feet in size.
[3]
Facade/tenant wall signs. Each commercial/retail use or business
within a building shall be permitted a sign equal in size to 1.5 square
feet for every linear foot of store frontage, up to a maximum of 300
square feet. Signs that incorporate architectural treatment, such
as columns, features and design may be increased in area by 15% when
so approved by the Board.
[4]
Directional signs. Directional signs shall be permitted in accordance
with the following:
[a]
Access directional signs. Directional signs indicating
the path of motorists and pedestrians from the access points from
public streets into and out of a site. These signs are limited to
four square feet in area and five feet six inches in height. Traffic
directional signs, fire lane and similar signage may be provided as
part of a comprehensive signage plan and included as part of the directional
sign category.
[b]
Internal directional signs. Directional signs indicating
internal circulation on large sites with two or more separate buildings.
Such directional signage may contain identification or informational
messages useful to guide employees and visitors from one building
to another and may be up to 18 square feet in area and eight feet
in height, but must be no closer than 50 feet from the tract perimeter.
[c]
The number and location of directional signs shall
be determined by the Planning Board.
[5]
Flagpoles. Each building shall be allowed a maximum of three
flagpoles, not to exceed 40 feet in height, which may be illuminated.
[6]
Pylon, monument and/or directional signs shall be permitted
within 10 feet of a lot line.
(d)
Conflicts. The requirements for commercial/retail uses provided
in this section apply where commercial/retail uses are listed as permitted
uses in the zoning district. To the extent that the provisions set
forth above differ from the requirements of the zoning district(s)
otherwise applicable to the site or other requirements of this chapter,
the provisions of this section shall govern.
F.
Parking. In addition to all other requirements of § 215-36 of this chapter, the following regulations shall apply;
(1)
Recreational area and other permitted facilities requiring
parking spaces shall provide additional parking, beyond unit parking,
commensurate with the estimated traffic expected to be generated by
each facility.
(2)
No off-street parking area shall be located within
any required tract yard.
(3)
No parking shall be permitted on any street, road,
thoroughfare or parking aisles, whether public or private.
(4)
Construction, design, lighting, screening and landscaping
of parking facilities shall conform with the provisions of this chapter.
(5)
Recreational vehicles, as defined, are not permitted
in parking facilities. Parking for such vehicles shall be limited
to recreational vehicle parking compounds to be designated by the
homeowners' association or project owner.
(6)
Freestanding multiple garages are not permitted.
G.
Fences, walls and hedges.
(1)
All fences, walls and hedges shall conform with all
applicable requirements of this chapter. Design, material, visual
impact and location shall be in strict accord with requirements of
the Board and, subsequently, the homeowners' association or development
owner.
(2)
The following fences, walls and hedges are permitted:
(a)
Patios or terrace. No fence, wall or hedge shall
be higher than five feet and may be installed in rear yards only.
(b)
Swimming pools. A fence or wall may be constructed
around swimming pools, provided the fence or wall shall not be lower
than five feet nor higher than six feet and shall contain a self-latching
gate.
(c)
Tennis court. Fences for tennis courts shall
be not lower than 10 feet nor higher than 12 feet.
(d)
Other fences, walls or hedges. Other fences,
walls or hedges which may be customarily used in a multifamily apartment
development.
H.
Signs. In addition to all other requirements of § 215-37, the following regulations shall apply:
(1)
All signs shall be harmonious and consistent with
the theme or architectural concept of the development.
(2)
The following signs are permitted:
(a)
Ground sign. Only one ground sign shall be permitted
along each street frontage; provided, however:
[1]
No sign face shall exceed a gross area of 32
square feet and a height of five feet. The message portion of the
sign shall not exceed an area of 24 square feet. The remaining portions
of the sign shall consist of construction material, such as, but not
limited to, stone, brick, stucco and wood. Plastic-faced signs are
prohibited.
[2]
The sign shall display only the name of the
development.
[3]
The sign shall be set back a minimum of 15 feet
from any street right-of-way.
[4]
All signs shall be located in a manner which
will not interfere with the safe and efficient flow of pedestrian
and vehicular traffic.
[5]
No sign shall be located within any sight triangle
or sight easement.
[6]
No sign shall be permitted in any tract side
yard or rear yard nor closer than 50 feet to a tract side lot line
within the front yard area.
[7]
Illuminated signs shall not adversely affect
adjacent or opposite side of street properties, the traveling public
or residents of the development.
[8]
Each sign location shall be designed by a landscape
architect in a manner which is satisfactory to the Board.
(b)
Real estate signs. Temporary real estate signs
advertising the sale or rental of dwelling units during construction
are permitted, subject to the following;
[1]
Not more than two signs shall be permitted for
each street frontage.
[2]
No sign shall be closer to a street right-of-way
than 15 feet.
[3]
No sign shall be permitted in any tract side
yard or rear yard nor closer than 50 feet to a tract side lot line
within the front yard area.
[4]
Illuminated real estate signs are not permitted.
[5]
All signs shall be attractively designed and
landscaped in a manner satisfactory to the Board.
[6]
No sign shall exceed an area of 32 square feet
or exceed a height of 10 feet.
[7]
All real estate signs shall be removed within
15 days after the sale or rental of all units.
[8]
Individual real estate signs advertising the
sale or rental of a unit after development completion shall have an
area of not more than six square feet and shall be removed immediately
after the sale or rental of the premises.
(c)
Court and private street signs. All courts,
streets and private streets providing access to the development and
dwelling units shall have street names and reflectorized street signs
for immediate identification. All street signs shall conform with
requirements of the Township.
(d)
Directional signs, miscellaneous. Directional
signs within the development are permitted, provided they are architecturally
harmonious with the development and do not exceed an area of two square
feet. Size, location, type and height shall be in accordance with
requirements of the Board and, subsequently, the homeowners' association
or project owner.
I.
Bulk and area regulations for clustered multifamily residences; modification of other provisions. The provisions of § 215-17 shall be applied to clustered multifamily developments, except as modified below.
[Added 10-10-2000 by Ord. No. 00-26]
(1)
Lot area, yard, height, density and coverage requirements shall be the same as for the RM District (see § 215-17D), except for the following:
(2)
General requirements shall be the same as for the RM District (§ 215-17E), except for the following modifications:
(a)
Street, private. As defined by ordinance, shall
contain a minimum twenty-two-foot cartway measured between curbs.
A divided street may be provided to accommodate alternate emergency
access, protect the environment or avoid grade changes.
(b)
Internal circulation. Each development shall
consist of an internally oriented vehicular and pedestrian circulatory
system independent of the street on which the development fronts except
at points of egress and ingress. Parking loop streets with nonparallel
parking that provides circulation and direct vehicle access to parking
on both sides of and perpendicular to the travel lane may be provided.
(c)
Architectural floor plans and elevations. Architectural
drawings prepared during the early and introductory stages of the
design of a development, illustrating in a schematic form its scope,
scale and relationship to the site and its environs, shall be submitted
to the Board for review and commentary. Buildings may be identical
in architectural facade, exterior materials and color scheme.
(d)
Maximum units per court. Other than for buildings
that are served by a continuous internal parking loop street and arranged
on either side of the loop street, buildings shall be encouraged to
group around landscaped parking courts, as defined. Not more than
36 units shall be permitted in any one parking court.
(e)
Building offsets. Three-storied buildings shall
not contain more than two units in any one plane. Such three-storied
buildings shall contain a minimum offset of four feet along at least
two main building planes and may include an open porch or balcony.
(f)
Access to units. Each unit may have its entrance
door along a common hallway.
(g)
Habitable areas. No dwelling unit shall be located
within a basement or cellar. Units may be constructed in three-story
buildings, with each unit comprising a wall along at least two main
building planes. Each building story may contain no more than four
dwelling units.
(h)
Balconies and patios. Each dwelling unit shall
have a patio or balcony with a minimum width of six feet and containing
a minimum of 60 square feet, excluding storage and utility areas.
All patios and balconies shall be roofed.
(i)
Storage space. Each dwelling unit shall contain a storage space, which can be either a separate space or part of a utility or laundry space designed as part of the unit's floor plan. Such storage space shall provide a minimum storage capacity of 160 cubic feet. Storage for recycling shall be provided pursuant to § 215-64.
(j)
Building orientation. Buildings may be freely
disposed on a site, and a building may face the rear of another building,
provided that the intervening space is at least 100 feet and contains
landscaping to create filtered views between such buildings.
(k)
Active recreation areas. As part of the development's
required open space, active recreational facilities, such as a swimming
pool or tennis courts, play lots, and jogging trails or exercise areas,
are encouraged. At a minimum, a swimming pool or one tennis court
per 100 dwelling units shall be provided. Play lots shall have a minimum
of 1,000 square feet in area provided for each 100 dwelling units
where more than 75 children are projected to reside.
(3)
Parking. In addition to all other requirements of § 215-36 of this chapter, parking requirements shall be the same as for the RM District (§ 215-17F), except for the following modifications:
(a)
No parking shall be permitted on any street,
road, thoroughfare or parking aisles, whether public or private, with
the exception of internal parking loop streets where parking is permitted
on both sides of the travel lane.
(b)
Construction, design, lighting, screening and
landscaping shall conform to the provisions of this chapter. To the
extent that the Township's standards for the construction and design
of parking facilities, including the size of parking spaces, is inconsistent
with the Residential Site Improvement Standards (RSIS), then the RSIS
standards shall govern the parking area design.
[Added 5-11-2004 by Ord. No. 04-08]
B.
Permitted accessory buildings and uses.
(1)
Active and passive recreational areas.
(2)
Off-street parking facilities.
(3)
Management offices within an apartment building
or separate clubhouse building.
(4)
Signs, fences, walls and hedges as regulated
herein.
(5)
Clubhouse to serve the management and recreational
needs of the development.
(6)
Other uses customarily incidental to the permitted
principal uses.
(7)
Solar
energy systems on rooftops.
[Added 9-12-2017 by Ord.
No. 17-23]
C.
Conditional uses: none.
D.
Lot area and bulk standards.
(1)
Lot area: 10 acres, minimum.
(2)
Lot frontage: 300 feet, minimum.
(3)
Lot width: 300 feet, minimum.
(4)
Lot depth: 500 feet, minimum.
(5)
Front yard: 75 feet to building wall, minimum.
(6)
Side yard, each: 50 feet to building wall, minimum.
(7)
Rear yard: 50 feet to building wall, minimum.
(8)
Building height: four stories, not to exceed
65 feet, maximum.
(9)
Density, gross: 13.5 dwelling units per acre.
(10)
Distance between building, parking areas and
public and private streets.
(a)
Building front wall to building front wall:
200 feet, minimum.
(b)
End wall to end wall: 50 feet, minimum.
(c)
Rear wall to rear wall: 100 feet, minimum.
(d)
End wall to building front wall: 50 feet, minimum.
(e)
End wall to rear wall: 50 feet, minimum.
(f)
Building front wall to parking lot curb: 25
feet at entrance, 20 feet at building corner, minimum.
(g)
Any rear or end wall to parking lot curb: 15
feet, minimum.
(h)
Any building wall to private street curb: 25
feet, minimum.
(i)
Any building wall to public street right-of-way:
50 feet, minimum.
(11)
Building coverage: 18%, maximum.
(12)
Lot coverage, total: 50%, maximum.
(13)
Open space: 50%, minimum.
E.
Lot area and bulk standards.
(1)
The following are the general requirements of
the Residential-Multifamily Apartments District.
(b)
Access. All multifamily apartment developments
shall have access to an arterial, primary or secondary collector road,
as defined in the Township's Master Plan.
(c)
Utilities. A public water supply and sanitary
sewerage system shall properly service all development. A statement
from the appropriate agency permitting the connection shall be required.
Other utility services such as electric, cable, and telephone shall
be provided underground from the public street into the development
site.
(d)
Internal circulation. Design of private streets
shall conform to the criteria established by the Residential Site
Improvement Standards (RSIS). A landscaped divided entry street shall
contain a minimum cartway width of 20 feet. No parking shall be permitted
along a divided entry street.
(e)
Grading and drainage. A stormwater management
plan and a grading plan for the development tract shall be reviewed
and approved by the Township Engineer and other agencies having jurisdiction.
An off-site detention system shall be permitted upon a showing of
necessary easements and maintenance agreements from an adjoining property
owner regarding such off-site detention arrangement. No draining or
grading shall adversely affect adjacent properties or public streets.
(f)
Site lighting. Adequate site lighting shall
be provided for all interior private streets, parking areas, pedestrian
walkways, recreational areas and similar uses. Site lighting design
shall not adversely affect adjacent properties, the traveling public
or occupants of the development units.
(g)
Solid waste collection. Adequate provisions for trash, garbage and recyclable collection shall be provided according to the trash and recycling storage standards contained in Article VI, Development Design Standards, of this chapter.
(h)
Building design. Design of multifamily structures
shall include balconies or other architectural features so as to provide
breaks in a linear plane.
(i)
Maximum units per building floor. Not more than
eight units shall be contained on any one floor in a multifamily building.
(j)
Building orientation. Buildings may be freely
disposed on a site, provided that they conform to the distance requirements
between building, parking areas and public and private streets contained
herein.
(k)
Balconies and terraces. Each unit shall have
a minimum of 60 square feet of usable balcony or terrace area with
a minimum width of six feet.
(l)
Open space. The required open space for a multifamily
development shall be owned and governed either by a homeowners' association,
in the case of a condominium regime, or by the owner of a rental project.
(m)
General landscaping and conservation. All existing naturally vegetative areas to be conserved and other site areas not covered by buildings, structures, parking aisles, driveways and walks shall be adequately landscaped according to the landscape design standards contained in Article VI, Development Design Standards, of this chapter.
(n)
Landscape buffer. A densely planted evergreen
landscape buffer shall be planted along all property lines that abut
a single-family detached residential district. Where there are existing
deciduous trees to be preserved in a buffer area, evergreens shall
be interplanted where practical to create a visual screen. The buffer
shall consist of a minimum width of 15 feet and include suitable evergreen
plant material that shall have a minimum height at the time of planting
of 15 feet in order to produce an immediate and effective visual screen
between abutting residential land uses.
(o)
Active recreation areas. As part of the development's
required open space, active recreation facilities such as a clubhouse
with a fitness center, a swimming pool or tennis court, jogging trails
or exercise areas are encouraged. For developments containing more
than 100 units, a swimming pool or two tennis courts or a clubhouse
containing an exercise and fitness room and social activities area
shall be provided.
(p)
Off-street parking and loading requirements, design and construction. Minimum off-street parking and loading requirements, off-street parking area design and construction shall be provided in accordance with the standards contained in § 215-36 of this chapter. To the extent that the Township's standards for the number of spaces, design and construction of parking facilities is inconsistent with the Residential Site Improvement Standards (RSIS), then the RSIS code standards shall govern the off-street parking area design.
D.
Area, yard, height and density requirements.
Tract
|
Unit Lot
| ||
---|---|---|---|
Minimum Requirements:
| |||
Lot area
|
15 acres
|
1,650 square feet
| |
Lot frontage
|
500 feet
| ||
Lot width
|
500 feet
|
22 feet
| |
Front yard
|
50 feet
|
12 feet
| |
*Rear yard
|
50 feet
|
16 feet
| |
*Side yard, each
|
50 feet
| ||
*Side yard, interior unit lot
|
0 feet
| ||
*Side yard, end unit lot
|
2 feet
| ||
Common open space
|
40%
| ||
Maximum Requirements:
| |||
Density, gross
|
7 DU/acre
| ||
Building coverage
|
15%
|
50%
| |
Building height
|
2 stories
|
2 stories
|
NOTE:
| ||
*
|
Unit lot yards may encroach into a tract yard
not more than 16 feet.
|
Minimum Distance Between Buildings:
| ||
Building face to parking area
|
12 feet
| |
Building face to building face
|
85 feet
| |
End wall to end wall
|
30 feet
| |
Any building face to private street curb
|
25 feet
| |
End wall to building face
|
30 feet
| |
Rear wall to rear wall
|
60 feet
| |
End wall to rear wall
|
50 feet
|
E.
General requirements.
(1)
Site plan. The application shall be accompanied by
a comprehensive site plan, as defined, and related engineering, planning
and architectural documents or any other material which the Board
may require to produce an informed judgment on the development. In
addition, the Board may require the following;
(2)
Street frontage. All developments must front on a
primary or secondary collector street as indicated on the adopted
Circulation Plan Element of the Master Plan.
(3)
Internal circulation. Each development shall consist
of an internally oriented vehicular and pedestrian circulatory system,
independent of the street on which the development fronts, except
at points of egress and ingress. Parking, either parallel or angular,
is prohibited along internal private streets. Units shall not front
directly onto any private street.
(4)
Emergency and service traffic circulation. Site plans
shall be reviewed and approved by all service and emergency agencies
for the area. Care shall be exercised in the plan design to facilitate
traffic movements of service and emergency equipment, the location
of fire hydrants, fire zones and fire lanes, as defined.
(5)
Street, private. As defined by ordinance, may contain
a minimum twenty-two-foot cartway measured either between curbs or
at the edges of pavement.
(6)
Private drives. Private drives to unit garages shall
not be more than eight feet wide. Where there are adjacent drives
servicing two dwelling units, a median strip with a minimum width
of three feet shall be constructed along the center of the driveway
and landscaped with low-growing evergreen shrubbery. Joint responsibility
for the maintenance of the median strip shall remain with the adjacent
property owners and further governed by the bylaws and regulations
of the homeowners' association.
(7)
Maximum units per parking court. Townhouse units shall
be encouraged to group around landscaped parking courts, as defined.
Not more than 30 units shall be permitted in any one court.
(8)
Grading and drainage. A comprehensive drainage water
management and grading plan shall be reviewed and approved by the
Township Engineer and any other agency which may have jurisdiction
over the development, such as the County of Mercer, the Soil Conservation
Service and the Delaware and Raritan Canal Commission. No drainage
water or grading shall adversely affect adjacent properties or public
streets.
(9)
Utilities. All developments shall be properly serviced
by a public water supply and sanitary sewerage system. A statement
from the appropriate agency permitting the connection shall be required
along with any stipulations or conditions.
(10)
Underground wiring. All wiring servicing the
development and its accessory uses shall be underground.
(11)
Site lighting. Adequate and safe lighting shall
be provided for all interior private streets, parking areas, pedestrian
walkways, unit entranceways, recreational areas and similar uses or
areas. Lighting shall be arranged in a manner satisfactory to the
Board and shall not adversely affect adjacent properties, the traveling
public or occupants of the development units.
(12)
Garbage and trash collection. Each development
shall provide for private garbage and trash collection. The number
of collections shall conform with the frequency of collections in
the Township.
(13)
Future subdivisions. Any land indicated on the
approved site plan as common open space or active recreational areas
shall not be further subdivided. All such areas shall be clearly delineated
and labeled on the site plan.
(14)
Architectural floor plans and elevations. Architectural
drawings prepared during the early and introductory stages of the
design of a project, illustrating in a schematic form its scope, scale
and relationship to the site and immediate environs, shall be submitted
to the Board for review and commentary. All townhouse units shall
be compatibly designed in relation to other units in a building, particularly
with respect to the use of exterior building materials, rooflines
and design, alteration of unit width, front facade setbacks, fenestration
and other design elements. Each development shall have a minimum of
three harmonious architectural facades. No two adjacent buildings
shall be similar. Interior floor plans, however, may be similar in
each building.
(15)
Maximum units per building. Townhouse buildings
may be extended to eight dwelling units per building, provided it
can be demonstrated that such extension would be beneficial to the
site plan design concept; however, this building extension shall apply
to not more than 15% of the total buildings within a townhouse development.
Not more than six dwelling units shall be aligned in a single plane.
Remaining dwelling units shall be aligned at either 90° or at
an angle not to exceed 120°.
(16)
Gross floor area, minimum. The minimum gross
floor area, as defined, of each dwelling unit shall be 1,500 square
feet, whether units are of one- or two-story construction. Attached
garages, basements, porches and patios and the area above the second
floor shall not be considered in the calculation for minimum gross
floor area.
(17)
Building offsets. In all front elevations of
a building, there shall be not more than two units in any unbroken
line. A minimum offset of four feet shall be required along the front
building line.
(18)
Building orientation. No building shall be situated
so as to face the rear of any building within the development or adjacent
properties unless there is provided a minimum distance of 150 feet
between said building or there is an intervening visual, permanent
and all-season screen, buffer or barrier separating the buildings.
(19)
Laundry facilities. Adequate clothes washing
and drying facilities shall be located in each dwelling unit. No outside
area or equipment shall be permitted for laundering purposes.
(20)
Construction. The construction of all dwelling
units shall comply with requirements of state, county or Township
agencies and in strict accord with the Uniform Construction Code,
particularly as it concerns itself with the origin and spread of fire.
(21)
Screen and buffer area. A dense evergreen planting
screen, consisting of White pines, Austrian pines, hemlocks and similar
species. The screen shall have a width of 15 feet along all single-family
detached residential districts. Trees shall have a minimum height
of five feet at time of planting and shall be planted in a triangular
pattern 10 feet on center to produce an immediate and effective visual
barrier. Where there are existing deciduous trees to be conserved,
evergreens shall be interplanted where practical to provide for an
adequate buffer to the satisfaction of the Board.
(22)
General landscaping. All areas not covered by
buildings, structures, parking aisles, driveways and walks shall be
adequately landscaped in a manner suitable to the Board. Street trees
along all public rights-of-way shall have a minimum caliper of 2 1/2
inches as measured three feet above the ground line. Spacing shall
depend upon the species selected and approved by the Board. Other
trees along driveways, parking areas, buffers, etc., shall have a
minimum caliper of 1 1/2 inches measured three feet above the
ground line. Landscaping elements shall be maintained at all times,
and any plant material which does not survive shall be replaced within
one year or one growing season. Plans for landscaping shall be prepared
by a landscape architect or horticulturist.
(23)
Conservation. Existing woodlands, windbreaks,
streams and other landscape elements shall be preserved, consistent
with good conservation practices. Plans for this conservation shall
be prepared by a qualified landscape architect or horticulturist.
All trees with a minimum caliper of six inches and not in conflict
with the development plans shall be conserved, field marked and adequately
protected by fencing located along the dripline of the trees. Such
trees shall be located on the site plan, indicating species, caliper
and condition. In the event a marked tree is destroyed, the applicant
shall be responsible for the planting of a new tree at or near the
same location. The minimum caliper of the tree shall be three inches
as measured at a point three feet above the ground. The species shall
be the same as the destroyed tree or a type as selected by the Planning
Board.
(24)
Common open space. Common open space, as defined,
shall be provided in all townhouse developments and shall be owned,
maintained and regulated by a homeowners' association pursuant to
all requirements of the Board.
(25)
Active recreational area. The site plan shall
indicate an area for active recreational purposes consisting of 250
square feet for each townhouse unit. Each area may include a community
center, swimming pool, tennis courts, tot-lots, playgrounds and uses
customarily incidental thereto. Active recreational facilities shall
be adequately screened and fenced from adjacent townhouse units and
no closer to the unit than 50 feet, and no closer to any single-family
detached district than 100 feet. The developer shall be required to
provide the land for the active recreational area. The land, except
tot-lots, shall have a minimum width of 150 feet and a grade not to
exceed 5%. The homeowners' association shall be responsible for the
construction and installation of the facilities after reaching an
agreement as to types of facilities and amenities needed. The Board
reserves the right to review and approve all facilities, amenities
proposed by the homeowners' association. In addition to the aforementioned
active recreational area, one tot-lot shall be provided for each 50
townhouse units, and they shall be conveniently disbursed throughout
the development. Each tot-lot shall have a minimum area of 1,000 square
feet and shall have adequate facilities, including but not limited
to swings, play sculpture, slides and benches for parents, etc.
(26)
Traffic control devices. Traffic control devices,
such as, but not limited to, pavement markings, additional right-of-way
or cartway width, left-turn slots, channelization, island dividers,
acceleration and deceleration lanes, may be required, if in the judgement
of the Board such traffic control devices are warranted. All required
facilities and devices shall be installed and/or constructed by the
developer.
F.
Parking.
(1)
Recreational area and other permitted facilities requiring
parking spaces shall provide additional parking, beyond unit parking,
commensurate with the estimated traffic expected to be generated by
each facility.
(2)
No off-street parking area shall be located within
any required tract yard.
(3)
No parking shall be permitted on any street, road,
thoroughfare or parking aisles, whether public or private.
(4)
Construction, design, lighting, screening and landscaping
of parking facilities shall conform with the provisions of this chapter.
(5)
No parking space shall be situated closer to any dwelling
unit than 12 feet except where the space is allocated within a unit
garage.
(6)
Each dwelling unit which contains a garage shall not
designate the approach driveway as an off-street parking space. The
garage space, however, shall be counted as a parking space.
(7)
Recreational vehicles, as defined, are not permitted
in parking facilities or townhouse unit driveways. Parking for such
vehicles shall be limited to townhouse unit garages.
(8)
A minimum of 80% of all townhouse units shall have
garages.
(9)
All garage doors shall be equipped with electrical
garage door controls.
(10)
Freestanding multiple garages are not permitted.
G.
Fences and walls.
(1)
General requirements. All fences and walls shall conform
with the applicable requirements of this chapter. Design, uniformity,
conformity, materials, location, size, areas and sign message shall
be in strict accord with requirements of the Board and, subsequently,
the homeowners' association.
(2)
The following fences and walls are permitted:
(a)
Residential patios. No fence or wall shall be
higher than five feet and may be installed in rear yards only, except
at end units, where fences and walls may be erected along a unit side
lot line to a point which coincides with the front face of the building.
(b)
Swimming pools. A fence or wall may be constructed
around swimming pools, provided the fence or wall shall not be lower
than five feet nor higher than six feet and shall contain a self-latching
gate.
(c)
Other fences and walls. Other fences and walls
which may be customarily used in a townhouse development.
H.
Signs.
(1)
General requirements. In addition to all other requirements of § 215-37 of this chapter, the following regulations shall apply: All signs shall be harmonious and consistent with the theme of architectural concept of the development.
(2)
The following signs are permitted:
(a)
Ground sign. Only one ground sign shall be permitted
along each 500 feet of street frontage; provided, however:
[1]
Not more than two ground signs shall be permitted
for each street frontage regardless of the length of frontage.
[2]
No sign face shall exceed a gross area of 32
square feet and a height of five feet. The message portion of the
sign shall not exceed an area of 24 square feet. The remaining portions
of the sign shall consist of construction materials, such as, but
not limited to, stone, brick, stucco and wood. Plastic-faced signs
are prohibited.
[3]
The sign shall display only the name of the
development.
[4]
The sign shall be set back a minimum of 15 feet
from any street right-of-way.
[5]
All signs shall be located in a manner which
will not interfere with the safe and efficient flow of pedestrian
and vehicular traffic.
[6]
No sign shall be located within any sight triangle
or sight easement.
[7]
No sign shall be permitted in any tract side
yard or rear yard nor closer than 50 feet to a tract side lot line
within the front yard area.
[8]
Illuminated signs shall not adversely affect
adjacent or opposite side of street properties, the traveling public
or residents of the development.
[9]
Each sign location shall be designed by a landscape
architect in a manner which is satisfactory to the Board.
(b)
Real estate signs. Temporary real estate signs
advertising the sale of dwelling units during construction are permitted,
subject to the following:
[1]
Not more than two signs shall be permitted for
each frontage.
[2]
No sign shall be closer to a street right-of-way
than 15 feet.
[3]
No sign shall be permitted in any tract side
yard or rear yard nor closer than 50 feet to a tract side lot line
within the front yard area.
[4]
Illuminated real estate signs are not permitted.
[5]
All signs shall be attractively designed and
landscaped in a manner satisfactory to the Board.
[6]
No sign shall exceed an area of 32 square feet
or a height of five feet.
[7]
All real estate signs shall be removed within
15 days after the sale of all units.
[8]
Individual real estate signs advertising the
sale of a unit after development completion shall have an area of
not more than six square feet and shall be removed immediately after
the sale of the premises.
(c)
Court and private street signs. All courts,
streets and private streets providing access to the development and
townhouse units shall have street names and reflectorized street signs
for immediate identification. All street signs shall conform with
requirements of the Township.
(d)
Directionary signs, miscellaneous. Directionary
signs within the development are permitted, provided that they are
architecturally harmonious with the development and do not exceed
an area of two square feet. Size, location, type and height shall
be in accordance with requirements of the Board and, subsequently,
the homeowners' association.
I.
Homeowners' association.
(1)
General requirements. A homeowners' association, established
for the purpose of owning and maintaining common land, including developed
and undeveloped open space, active recreational area and related amenities
and facilities, parking areas, lighting, signs, walkways and similar
uses and areas and for the additional purpose of regulating the maintenance
of building exteriors and unit lot areas as set forth in Subsection
A(1)(j), shall be in accordance with N.J.S.A. 40:55D-43 and the following
provisions.
(a)
The developer shall provide for such an organization
for the ownership and maintenance of all open spaces, facilities and
amenities for the benefit of the owners and for regulating the maintenance
and repair of building exteriors and governing the areas within the
unit lots as set forth in Subsection A(1)(j).
(b)
In the event that such organization shall fail
to maintain the open space in reasonable order and condition, the
Township may serve written notice upon such organization or upon the
owners of the development setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
the 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 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 in 35 days or any permitted extension thereof, the Township,
in order to preserve the open space and maintain the same for a period
of one year, may enter upon and maintain such land. The entry and
maintenance shall not vest in the public any rights to use the open
space except when the same is voluntarily dedicated to the public
by the owners. Before the expiration of the year, the Township shall,
upon its initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, call a hearing
upon 15 days' notice to such organization and to the owners of the
development to be held by the Township, 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 shall determine that such organization
is ready and able to maintain the open space in reasonable condition,
the Township shall cease to maintain the open space at the end of
the year. If the Township shall determine such organization is not
ready and able to maintain the open space in a reasonable condition,
the Township may, in its discretion, continue to maintain the open
space during the next succeeding year, subject to a similar hearing
and determination, in each year thereafter. The decision of the Township
in any such case shall constitute a final administrative decision
subject to judicial review.
(c)
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 open space in accordance with
assessed value at the time of imposition of the lien and shall become
a lien and tax on the properties and be added to, levied and assessed
thereon, and enforced and collected with interest by the same officers
and in the same manner as other taxes.
(d)
Membership in any open space organization or
homeowners' association by all property owners shall be mandatory.
Such required membership and the responsibilities upon the members
shall be in writing between the organization and each member in the
form of a covenant, with each agreeing to liability for his pro rata
share of the organization cost. The Township shall be a party beneficiary
to such covenant entitled to enforce its provisions. The terms and
conditions of the covenant shall be reviewed and approved by the Board,
the Board's attorney and the Township Attorney.
(e)
The open space organization or association shall
be responsible for liability insurance, municipal taxes, maintenance
of land and any facilities that may be erected on any land deeded
to the open space organization or association and shall hold the Township
harmless from any liability.
(f)
The open space organization or association initially
created by the developer shall clearly describe in its bylaws the
rights and obligations of any homeowner, along with the covenant and
model deeds, and the articles of incorporation of the association
prior to the granting of final approval by the Board and the Township.
(g)
Part of the development proposals submitted
to and approved by the Board shall be provisions to ensure control
of the open space organization which will be transferred to the individual
homeowners in the development based on a percentage of the dwelling
units sold, together with assurances in the bylaws that the open space
organization shall have the maintenance responsibilities for all lands
and facilities to which they hold title.
(h)
If the development shall consist of staging
or sectionalizing, the Board shall require that open space acreage
proportionate in size to the stage being considered for final approval
be set aside simultaneously with the granting of final approval for
that particular stage.
(i)
The preliminary and final plans shall delineate
and dimension the area set aside for common open space, active recreational
areas, and other facilities which shall be governed and regulated
by the homeowners' association.
(j)
The developer and/or homeowners' association
shall create a committee to be known as "the architectural and design
control committee" to review, evaluate and approve, if appropriate,
requests to modify and/or repair building exteriors, privately owned
grounds, including but not limited to re-painting, re-siding, re-roofing,
installation of windows, shutters, doors, gutters, steps, walkways,
porches, fencing, walls, signs, landscaping and any other changes
to the property other than those confined solely to the interior of
a building. Each building, if any part thereof is so modified, shall
remain homogeneous within itself.
(k)
The developer and/or the homeowners' association
shall be governed by bylaws which shall be subject to review and prior
approval by the Board. All amendments and revisions to said bylaws
shall be subject to review and prior approval by the Board.
A.
Permitted principal uses.
[Amended by Ord. No. 1991-22; Ord. No. 1993-22; Ord. No. 1994-3]
(1)
Permitted principal uses in the R-3 Zone District
in accordance with the regulations of that zone district.
(2)
Bakery and bakery goods store.
(3)
Banks and fiduciary institutions.
(4)
Barber or beauty shop.
(5)
Book, stationary or gift store.
(6)
Candy store and/or fountain.
(7)
Child-care center.
(8)
Clothes cleaning agency, pressing or repairing establishment.
(9)
Custom dressmaking, millinery and tailoring.
(10)
Clothing (new) and dry goods store.
(11)
Dancing studio.
(12)
Delicatessen store.
(13)
Dress shop.
(14)
Drugstore.
(15)
Existing gasoline service stations.
(16)
Florist.
(17)
Hardware store.
(18)
Household appliance store.
(19)
Ice cream store.
(20)
Interior decorating business.
(21)
Jewelry store.
(22)
Laundry agency or self-service laundry.
(23)
Library.
(24)
Notion and variety store.
(25)
Offices, business and professional.
(26)
Paint and wallpaper store.
(27)
Package liquor store.
(28)
Photographer's studio, photo supplies.
(29)
Printing shop.
(30)
Private club or fraternal organization.
(31)
Private school operated as a commercial enterprise.
(32)
Repair or service shops for household or personal
goods.
(33)
Radio and television stores.
(34)
Shoe repair shop.
(35)
Studio, artist's.
(36)
Tailor shop.
(37)
Upholstery shop and furniture refinishing.
(38)
Combination of two or more compatible uses permitted
within one unit.
B.
Permitted accessory buildings and uses.
(1)
Off-street parking facilities.
(3)
Signs as regulated by ordinance.
(4)
Satellite communications dish receiving antennas,
provided the dish antenna does not exceed 15 feet in diameter; is
not located in a front yard; conforms to the rear and side yard requirements
for a principal building; and does not exceed 17 feet in height. Microwave
transmission antennas or facilities are not permitted as an accessory
use.
(5)
Other uses customarily incidental to the permitted
principal use.
(6)
Solar
energy systems on rooftops.
[Added 9-12-2017 by Ord.
No. 17-23]
C.
Conditional uses.
[Amended by Ord. No. 1989-30; 2-8-2000 by Ord. No. 00-02]
(1)
Restaurant, bar or other similar establishment serving
food or beverages and which occupies a separate structure and is not
an integral part of a principal permitted use.
(2)
Neighborhood shopping centers.
(3)
Solar
energy systems.
[Added 9-12-2017 by Ord.
No. 17-23]
(4)
Residential mixed-use housing/commercial rooming structures.
[Added 8-14-2018 by Ord.
No. 18-20]
(5)
Cannabidiol
(CBD) store, retail sales.
[Added 10-25-2022 by Ord. No. 22-17]
D.
Bulk requirements.
(1)
Principal building.
Minimum Requirements:
| |
Lot area, corner lot
|
7,500 square feet
|
Lot area, interior lot
|
5,000 square feet
|
Lot width, corner lot
|
75 feet
|
Lot width, interior lot
|
50 feet
|
Front yard
|
25 feet
|
Side yard, each*
|
5 feet
|
Rear yard*
|
5 feet
|
Maximum Requirements:
| |
Height
|
2 1/2 stories, not to exceed: 35 feet
|
NOTE:
| |
---|---|
*
|
When abutting a residential district, side and
rear yard requirements shall conform to requirements of the adjacent
residential district.
|
E.
General requirements.
[Amended by Ord. No. 1993-22; Ord. No. 1994-3]
(1)
All buildings and uses shall be served by public water
and sewage.
(2)
Separation of parking from public streets. Along each
street line, as defined, bounding the district a ten-foot strip shall
be provided, suitably landscaped except for necessary sidewalks and
accessways. The landscaped strip shall be separated from the parking
area by continuous concrete curbing except at accessways.
(3)
Screening or buffer strip. Along each side and rear
property line which adjoins a residential district in the Township
or a similar district in an adjoining municipality, a screen or buffer
planting strip shall be provided consisting of massed evergreens and
shrubs of such species and size as will produce an effective screen
at time of planting. The screen or buffer strip shall be landscaped
in accordance with a plan acceptable to the Planning Board. The width
of the planted screen shall be a minimum of 25 feet, and it shall
be the responsibility of the applicant to carry out this program and
to promote such maintenance and care as is required to obtain the
effect intended by the original plan.
(4)
Landscaping. Those portions of all yards not used
for parking, loading, unloading and service shall be planted and maintained
at all times.
(5)
Entrances and exits. All entrances and exits upon
a public street shall not be located within 50 feet of any street
intersection; the distance is to be measured from the intersection
of the right-of-way lines at the corner affected and the closest point
of such proposed driveway. No entrance or exit, at the curbline only,
shall be closer than five feet from a side lot line. Entrance and
exit sizes, locations and construction shall also be in accordance
with requirements of the governmental agency having jurisdiction over
the facility upon which the permitted use has frontage.
(6)
Loading docks and service areas. No loading dock or
service area may be on any street frontage. Provision for handling
all freight shall be on those sides of any buildings which do not
face any street or proposed streets.
(7)
Outdoor storage areas. No use or accessory use shall
be constructed to permit the keeping of articles, equipment, goods
or materials in the open, exposed to public view, adjacent residences
or a residential district. When necessary to store or keep such materials
in the open, the area shall be fenced with a screen or buffer planting
strip and be situated not closer than 50 feet from a residential district
line.
(8)
Child-care center. Where a child-care center is developed
within a nonresidential building, the floor area occupied by the center
shall not be included in the calculation of permitted density of development
or in the calculation of any parking requirement for that building
or lot.
A.
Permitted principal uses. The following are permitted
principal uses in the Highway Business Zone:
[Amended by Ord. No. 1991-22; Ord. No. 1993-22; Ord. No. 1994-3; 2-8-2000 by Ord. No. 00-02]
(1)
Antique store;
(2)
Art gallery;
(3)
Automobile showroom, new vehicles;
(4)
Automobile parts store;
(5)
Automobile mechanical repair shop, provided all operations
are conducted within a completely enclosed building, excluding body
and fender works, when adjacent to existing residences or residential
districts;
(6)
Automobile upholstery shop;
(7)
Automobile parking lot for private passenger vehicles
but not for storage of used vehicles for sale;
(8)
Awning or canvas store;
(9)
Bakery and bakery goods store;
(10)
Banks and fiduciary institutions;
(11)
Barber or beauty shop;
(12)
Beverages, retail or wholesale distribution
of;
(13)
Bicycle sales, rental or repair;
(14)
Book, stationery or gift store;
(15)
Blueprinting establishment;
(16)
Bowling alley;
(17)
Business college;
(18)
Cabinet and woodworking shop;
(19)
Candy store and/or fountain;
(20)
Catering establishment;
(21)
Child-care center;
(22)
Cleaning and dyeing plant for clothes, rugs
and curtains;
(23)
Clothing (new) and dry goods store;
(24)
Custom dressmaking, millinery and tailoring;
(25)
Dancing studio;
(26)
Delicatessen store;
(27)
Department store;
(28)
Dress shop;
(29)
Drugstore;
(30)
Equipment rental and sales;
(31)
Electrical shop or contractor;
(32)
Exhibition building;
(33)
Florist;
(34)
Frozen food locker;
(35)
Fruit and vegetable store;
(36)
Funeral home;
(37)
Furniture store;
(38)
Grocery store and meat market;
(39)
Garden supply center;
(40)
Hospital;
(41)
Hardware store;
(42)
Household appliance store;
(43)
Ice cream store;
(44)
Interior decorating business;
(45)
Jewelry store;
(46)
Laboratory serving medical and dental requirements;
(47)
Laundry agency or self-service laundromat;
(48)
Lodge hall;
(49)
Motel;
(50)
Music conservatory or music instruction;
(51)
Nursing home;
(52)
Nursery, flower or plant;
(53)
Offices, business and professional;
(54)
Office furniture, appliances and supply business;
(55)
Paint and wallpaper store;
(56)
Parcel delivery station;
(57)
Pet shop, sales only;
(58)
Photographer's studio, photo supplies;
(59)
Plumbing and heating sales;
(60)
Printing, lithography, publishing and photostating
establishments;
(61)
Private club or fraternal organization;
(62)
Private school operated as a commercial enterprise;
(63)
Radio and television stores;
(64)
Repair or service shops for household or personal
goods;
(65)
Secondhand goods, sale of, if conducted wholly
within a completely enclosed building;
(66)
Shoe repair shop;
(67)
Sign shop;
(68)
Studio, artist's;
(69)
Tailor shop;
(70)
Taxidermist;
(71)
Theater, not including drive-in theater;
(72)
Tire shop, excluding recapping and retreading;
(73)
Trade school;
(74)
Upholstery shop and furniture refinishing;
(75)
Wholesale stores and distributors in a completely
enclosed building, not involving the processing or treatment of goods
or products;
(76)
Combinations of two or more compatible uses
permitted within one unit;
(77)
Existing gasoline service stations; and
(78)
Neighborhood shopping centers.
B.
Permitted accessory buildings and uses.
(1)
Permitted accessory buildings and uses in the B-N
Zone District.
(2)
Cafeteria, first aid and/or medical facilities located
within a building and operated by or for the employer for the exclusive
use of employees or guests.
(3)
Solar
energy systems on rooftops.
[Added 9-12-2017 by Ord.
No. 17-23]
C.
Conditional uses.
[Amended by Ord. No. 1989-30; Ord. No. 97-12; 2-8-2000 by Ord. No. 00-02]
(1)
Restaurant, bar or other similar establishment serving
food or beverages and which occupies a separate structure and is not
an integral part of a principal permitted use.
(2)
Community shopping centers and regional shopping centers.
(3)
Cellular telecommunications facilities.
(4)
Solar
energy systems.
[Added 9-12-2017 by Ord.
No. 17-23]
(5)
Residential mixed-use housing/commercial rooming structures.
[Added 8-14-2018 by Ord.
No. 18-20]
(6)
Body
painting studios, body piercing, head shop, and tattoo businesses.
[Added 10-25-2022 by Ord. No. 22-17]
(7)
Pawnshops,
check cashing, secondhand goods dealers, and bail bonds.
[Added 10-25-2022 by Ord. No. 22-17]
(8)
Ancillary
sale, smoking paraphernalia and tobacco-related products.
[Added 10-25-2022 by Ord. No. 22-17]
(9)
Cannabidiol
(CBD) store, retail sales.
[Added 10-25-2022 by Ord. No. 22-17]
D.
Bulk requirements.
(1)
Principal building.
(a)
Lot area, corner lot: 22,500 square feet, minimum.
(b)
Lot area, interior lot: 20,000 square feet,
minimum.
(c)
Lot width, corner lot: 150 feet, minimum.
(d)
Lot width, interior lot: 100 feet, minimum.
(e)
Front yard: 85 feet, minimum.
(f)
Side yard, each: 12 feet, minimum.
(g)
Rear yard: 12 feet, minimum.
(h)
Height: three stories, not to exceed; 40 feet,
maximum.
E.
General requirements.
[Amended by Ord. No. 1993-22; Ord. No. 1994-3]
(1)
All buildings and uses shall be served by public water
and sewage.
(2)
Yard requirements adjoining residential districts.
On lots adjoining residential districts, no building shall be located
closer than 50 feet from such district boundary and no parking shall
be located closer than 25 feet from such district boundary line.
(3)
Separation of parking from public streets. Along each
street line, as defined, bounding the district a ten-foot strip shall
be provided, suitably landscaped except for necessary sidewalks and
accessways. The landscaped strip shall be separated from the parking
area by continuous concrete curbing except at accessways.
(4)
Screening or buffer strip. Along each side and rear
property line which adjoins a residential district in the Township
or a similar district in an adjoining municipality, a screen or buffer
planting strip shall be provided consisting of massed evergreens and
shrubs of such species and size as will produce an effective screen
at time of planting. The screen or buffer strip shall be landscaped
in accordance with a plan acceptable to the Planning Board. The width
of the planted screen shall be a minimum of 25 feet, and it shall
be the responsibility of the applicant to carry out this program and
to promote such maintenance and care as is required to obtain the
effect intended by the original plan.
(5)
Landscaping. Those portions of all yards not used
for parking, loading, unloading and service shall be planted and maintained
at all times.
(6)
Distance between buildings. All buildings shall be
arranged in a group or groups, and the distance at the closest point
between any two buildings or group of buildings shall be not less
than 15 feet.
(7)
Entrances and exits.
(a)
All entrances and exits upon a public street
shall not be located within 50 feet of any street intersection; said
distance is to be measured from the intersection of the right-of-way
lines at the corner affected and the closest point of such proposed
driveway.
(b)
No entrance or exit, at the curbline only, shall
be closer than five feet from a side lot line. Entrance and exit sizes,
locations and construction shall also be in accordance with requirements
of the governmental agency having jurisdiction over the facility upon
which the permitted use has frontage.
(8)
Loading docks and service areas. No loading dock or
service area may be on any street frontage. Provision for handling
all freight shall be on those sides of any buildings which do not
face any street or proposed streets.
(9)
Outdoor storage areas. No use or accessory use shall
be constructed to permit the keeping of articles, equipment, goods
or materials in the open, exposed to public view, adjacent residences
or a residential district. When necessary to store or keep such materials
in the open, the area shall be fenced with a screen or buffer planting
strip and be situated not closer than 50 feet from a residential district
line.
(10)
Child-care center. Where a child-care center
is developed within a nonresidential building, the floor area occupied
by the center shall not be included in the calculation of permitted
density of development or in the calculation of any parking requirement
for that building or lot.
A.
Permitted principal uses.
[Amended by Ord. No. 1991-22; Ord. No. 1993-22; Ord. No. 1994-3]
(1)
Laboratory serving medical requirements.
(2)
Museum, library and other cultural facilities of a
similar nature.
(3)
Offices for administrative, executive, professional
sales or other similar uses which do not involve the actual storage,
exchange or delivery of merchandise on the premises.
(4)
Office buildings for physicians, dentists, lawyers,
ministers of religion, engineers, architects or other related professional
uses, real estate and insurance brokers.
(5)
Radio or television broadcasting station, including
studio auditoriums and other rooms for performance and including office
and other space incident to and necessary for the principal use, exclusive
of broadcasting towers and antennas.
(6)
Scientific research laboratory or other experimental,
testing or research establishment, including applied engineering research
such as product development, provided that:
(a)
No processing shall be permitted except insofar
as such processing is incidental to an experiment, research or testing
process.
(b)
There is no commercial production or storage
of goods, materials or any other substance for sale, except as may
be produced by a small pilot plant necessary for scientific research.
(7)
Existing gasoline service stations.
(8)
Child-care center.
D.
Bulk requirements.
(1)
Principal building.
(a)
Lot area, corner lot: 22,500 square feet, minimum.
(b)
Lot area, interior lot: 20,000 square feet,
minimum.
(c)
Lot width, corner lot: 150 feet, minimum.
(d)
Lot width, interior lot: 100 feet, minimum.
(e)
Front yard: 50 feet, minimum.
(f)
Side yard, each: 12 feet, minimum.
(g)
Rear yard: 40 feet, maximum.
(h)
Height: three stories, not to exceed; 40 feet,
maximum.
E.
General requirements.
[Amended by Ord. No. 1993-22; Ord. No. 1994-3]
(1)
All buildings and uses shall be served by public water
and sewage.
(2)
Yard requirements adjoining residential districts.
On lots adjoining residential districts, no building or parking area
shall be located closer than 25 feet from such district boundary.
(a)
Landscaping along streets, roads or highways.
Each property shall be appropriately landscaped, particularly along
its frontage upon a public street, road or highway. Parking lots,
loading and unloading, shall not be permitted in the area between
the front building line and the street line.
(3)
Screening or buffer strip. Along each side and rear
property line which adjoins a residential district in the Township
or a similar district in an adjoining municipality, a screen or buffer
planting strip shall be provided consisting of massed evergreens and
shrubs of such species and size as will produce an effective screen
at time of planting. The screen or buffer strip shall be landscaped
in accordance with a plan acceptable to the Planning Board. The width
of the planted screen shall be a minimum of 10 feet and it shall be
the responsibility of the applicant to carry out this program and
to promote such maintenance and care as is required to obtain the
effect intended by the original plan.
(4)
Landscaping. Those portions of all yards not used
for parking, loading, unloading and service shall be planted and maintained
at all times.
(5)
Distance between buildings. All buildings shall be
arranged in a group or groups, and the distance at the closest point
between any two buildings or group of buildings shall be not less
than 15 feet.
(6)
Entrances and exits. All entrances and exits upon
a public street shall not be located within 50 feet of any street
intersection; the distance to be measured from the intersection of
the right-of-way lines at the corner affected and the closest point
of such proposed driveway. No entrance or exit, at the curbline only,
shall be closer than five feet from a side lot line. Entrance and
exit sizes, locations and construction shall also be in accordance
with requirements of the governmental agency having jurisdiction over
the facility upon which the permitted use has frontage.
(7)
Loading docks and service areas. No loading dock or
service area may be on any street frontage. Provision for handling
all freight shall be on those sides of any buildings which do not
face any street or proposed streets.
(8)
Outdoor storage areas. No use or accessory use shall
be constructed to permit the keeping of articles, equipment, goods
or materials in the open, exposed to public view, adjacent residences
or a residential district. When necessary to store or keep such materials
in the open, the area shall be fenced with a screen or buffer planting
strip and be situated not closer than 25 feet from a residential district
line.
(9)
Conservation. Existing woodlands, windbreaks and watersheds
shall be preserved as far as the standards of good conservation practice
require.
(10)
Child-care center. Where a child-care center
is developed within a nonresidential building, the floor area occupied
by the center shall not be included in the calculation of permitted
density of development or in the calculation of any parking requirement
for that building or lot.
A.
Permitted principal uses.
[Amended by Ord. No. 1993-22; Ord. No. 1994-3; Ord. No. 97-12; 3-31-2000 by Ord. No. 00-08]
(1)
Office facilities occupied by a single company or
affiliated members of a single entity, which does not include separate
offices for rent or lease.
(2)
Structures and uses devoted to research, experimentation
or engineering, involving scientific investigation, engineering study,
product development and similar activities not involving the manufacturing,
sale, processing, warehousing, distribution or fabrication of material,
products or goods, except as incidental to the principal or permitted
use.
(3)
Child-care center.
B.
Permitted accessory buildings and uses.
(1)
Any accessory use on the same lot which is customarily
incidental to the principal permitted use.
(2)
Cafeteria, lunch room, first aid and/or medical facilities
located within a building and operated by or for the employer for
the exclusive use of employees or guests.
(3)
Recreational areas for employees, indoors and outdoors.
(4)
Accommodations for caretakers or watchmen and their
families.
(5)
Off-street parking facilities.
(6)
Garages and storage buildings.
(7)
Fences and walls.
(8)
Signs.
(9)
Temporary construction trailers.
(10)
Satellite communications dish receiving antennas,
provided the dish antenna does not exceed 15 feet in diameter; is
not located in a front yard; conforms to the rear and side yard requirements
for a principal building; and does not exceed 17 feet in height. Microwave
transmission antennas or facilities are not permitted as an accessory
use.
(11)
Solar energy systems on rooftops.
[Added 9-12-2017 by Ord.
No. 17-23]
D.
E.
General requirements.
[Amended by Ord. No. 1989-30; Ord. No. 1993-22; Ord. No. 1994-3]
(1)
Road frontage. All developments must have access to
an approved primary or secondary road.
(2)
Utilities. Any development in this district shall
be serviced by a public sanitary sewerage facility and water supply
system. A statement from the appropriate agency permitting the connection
shall be required along with any stipulations and conditions.
(3)
Drainage and grading. A comprehensive drainage water
management and grading plan shall be approved by the Township Engineer
and any other agency which may have jurisdiction over the development,
such as the County of Mercer and the Delaware and Raritan Canal Commission.
(4)
Buildings. No lot may contain more than one principal
building, and a principal building may contain no more than one use
or organization.
(5)
Architectural concept. Preliminary architectural elevations
and floor plans and, if required by the Board, a perspective rendering
of the proposed building shall be submitted for review and approval.
Water towers, storage tanks, cooling towers, vents, air-conditioning
equipment and the like which rise above the roofline shall be architecturally
compatible or effectively shielded from view from any street or adjacent
properties in a manner acceptable to the Board.
(6)
Landscaped strip. A landscaped strip shall be provided
along all street frontages consisting of a minimum width of 75 feet,
said strip shall be restricted to landscape elements, including but
not limited to lawns, berms, plantings, trees, natural features, hedging,
lighting and signs as provided by this chapter. Egress and ingress
driveways are permitted to cross said strip. Visitor parking may be
provided between the required strip and the front face of a building
if the parking facility is screened by an evergreen hedge 1 1/2
feet tall at a time of planting and shall be kept trimmed to a height
of not more than four feet.
(7)
Landscape buffer. The required buffer along all single-family
detached unit residential areas shall have a minimum width of 100
feet. Parking stalls, aisles, driveways, employee recreational area,
storage, principal and accessory buildings are strictly prohibited
within this area. The area may include existing natural features,
lawns, trees, pedestrian walkways, berms and fencing as approved by
the Board. Within the buffer area and adjacent to the boundary on
side and rear lot lines, a landscaped screen having a minimum width
of 25 feet shall be planted with evergreen trees, such as pines, hemlocks
and fir, having a minimum height of five feet at time of planting
and shall be planted in a triangular pattern with trees 10 feet on
center. Plant material shall be placed in a manner which will not
encroach on any property line when trees reach full maturity. If conservable
existing deciduous trees are in the area, evergreens may be interplanted
and disposed in a manner which will provide a year-round effective
screen of such density to provide maximum protection and immediate
screening to an abutting property.
(8)
Landscaping, general. All areas not covered by buildings,
structures, parking aisles, driveways and walks shall be adequately
landscaped in a manner suitable to the Board. Street trees along all
public rights-of-way shall have a minimum caliper of 2 1/2 inches
as measured three feet above the ground line. Spacing shall depend
upon the species selected and approved by the Board. Other trees along
driveways, parking areas, buffers, etc., shall have a minimum caliper
of 1 1/2 inches measured three feet above the ground line. Landscaping
elements shall be maintained at all times, and any plant material
which does not survive shall be replaced within one year or one growing
season. Plans for landscaping shall be prepared by a landscape architect
or horticulturist.
(9)
Conservation. Existing woodlands, windbreaks, streams
and other landscape elements shall be preserved, consistent with good
conservation practices. Plans for this conservation shall be prepared
by a qualified landscape architect or horticulturist. All trees with
a minimum caliper of six inches and not in conflict with the development
plan shall be conserved, field marked and adequately protected by
fencing, located on the site plan indicating species, caliper and
condition. In the event a marked tree is destroyed, the applicant
shall be responsible for the planting of a new tree at or near the
same location. The minimum caliper of the tree shall be three inches
as measured at a point three feet above the ground line. The species
shall be the same as the destroyed tree or a type as selected by the
Planning Board.
(10)
Outdoor storage. No use or accessory use shall
be constructed to permit the keeping of articles, equipment, goods
or materials in the open, exposed to public view, adjacent residences
or a residential district. When necessary to store or keep goods and
materials in the open, the area shall be screened by evergreen plantings
and/or an architecturally compatible fence or wall. No storage area
shall be permitted in any required yard.
(11)
Driveway access. Access points shall be limited
to a maximum of two along each street frontage. No egress or ingress
driveway shall be located closer to a side lot line than 100 feet
as measured between the lot line and the closest edge of a driveway.
Access drive curb radii along a public street may be permitted to
encroach within the 100 feet along the curbline of the public street.
Driveway geometry and width shall depend upon the anticipated traffic
volumes to be generated by the development; however, no two-way driveway
may be less than 22 feet wide and a one-way drive less than 18 feet
wide. Additional widths, left-turn slots, channelization, dividers,
acceleration and deceleration lanes may be required, if in the judgement
of the Board such traffic control devices are warranted. No driveway
shall be located closer to any street intersection than 200 feet,
the distance to be measured between the two closest points of the
curb returns along the curbline of the public street.
(12)
Parking standards.
(a)
Off-street parking facilities shall be of such
design, location and arrangement which will not interfere with the
efficient and safe flow of traffic and pedestrians through the development
and will not interfere with the access of emergency or service vehicles.
(b)
No off-street parking facility or driveway shall
be located within required side and rear yards.
(c)
No loading dock or service area shall be along
any street frontage or required yard. Such areas shall be landscaped
and sufficiently screened to obscure the view of parked trucks, loading
doors and platforms from any public street or adjacent residential
district.
(13)
Site lighting. Adequate and safe lighting shall
be provided for all interior roads, parking areas, walkways, etc.
Lighting shall be arranged to not adversely affect adjacent properties,
the traveling public or occupants of the building.
(14)
Underground wiring. All wiring servicing the
development shall be underground. For building additions in developments
served by overhead wiring, the Planning Board may waive the requirement
for underground wiring.
(15)
Fire laws and zones. Site plans and architectural
plans shall be submitted to the fire chief of the district for his
review and approval, prior to final approval by the Board. Care shall
be exercised in plan design to facilitate traffic movements by emergency
vehicles and equipment, the location of hydrants, fire zones and fire
lanes.
(16)
Garbage or trash depots. Depots or corrals shall
be conveniently located with respect to the principal use, but such
location shall not adversely affect adjacent residential districts.
Depots shall be screened from view in a manner acceptable to the Board.
No depots shall be permitted in any required yard.
(17)
Storage of tractor-trailers, etc. The storage
of tractor-trailers, panel trucks, trucks and similar vehicles shall
be prohibited.
(18)
Child-care center. Where a child-care center
is developed within a nonresidential building, the floor area occupied
by the center shall not be included in the calculation of the permitted
density of development or in the calculation of any parking requirement
for that building or lot.
A.
Permitted principal uses.
[Amended by Ord. No. 1993-22; Ord. No. 1994-3; Ord. No. 97-12; 3-31-2000 by Ord. No. 00-08]
(1)
Office buildings for corporate groups; executive,
administrative, educational or professional services.
(2)
Structures and uses devoted to research, experimentation
or engineering involving scientific investigation, engineering study,
product development and similar activities not involving the manufacturing,
sale, processing, warehousing, distribution or fabrication of material,
products or goods, except as incidental to the principal permitted
use.
(3)
Child-care center.
D.
E.
General requirements.
[Amended by Ord. No. 19-1987; Ord. No. 1989-30; Ord. No. 1993-4;Ord. No. 1993-22]
(1)
Road frontage. All development must have access to
an approved primary or secondary road.
(2)
Utilities. Any development in this district shall
be serviced by a public sanitary sewerage facility and water supply
system. A statement from the appropriate agency permitting the connection
shall be required along with any stipulations and conditions.
(3)
Drainage and grading. A comprehensive drainage water
management and grading plan shall be approved by the Township Engineer
and any other agency which may have jurisdiction over the development,
such as the County of Mercer and the Delaware and Raritan Canal Commission.
(4)
Buildings. A lot may contain more than one principal
building, and a principal building may contain more than one use or
organization.
(5)
Architectural concept. Preliminary architectural elevations
and floor plans and, if required by the Board, a perspective rendering
of the proposed building shall be submitted for review and approval.
Water towers, storage tanks, cooling towers, vents, air-conditioning
equipment and the like which rise above the roofline shall be architecturally
compatible or effectively shielded from view from any street or adjacent
properties in a manner acceptable to the Board.
(6)
Landscaped strip. A landscaped strip shall be provided
along all street frontages consisting of a minimum width of 25 feet,
said strip shall be restricted to landscape elements, including but
not limited to lawns, berms, plantings, trees, natural features, hedging,
lighting and signs as provided by this chapter. Egress and ingress
driveways are permitted to cross said strip. Visitor parking may be
provided between the required strip and the front face of a building,
if the parking facility is screened by an evergreen hedge 1 1/2
feet tall at time of planting and shall be kept trimmed to a height
of not more than four feet.
(7)
Landscape buffer. The required buffer along all single-family
detached unit residential areas shall have a minimum width of 50 feet.
Parking stalls, aisles, driveways, employee recreational area, storage,
principal and accessory buildings are strictly prohibited within this
area. The area may include existing natural features, lawns, trees,
pedestrian walkways, berms and fencing, as approved by the Board.
Within the buffer area and adjacent to the boundary on side and rear
lot lines, a landscaped screen having a minimum width of 25 feet shall
be planted with evergreen trees, such as pines, hemlocks and fir,
having a minimum height of five feet at time of planting and shall
be planted in a triangular pattern with trees 10 feet on center. Plant
material shall be placed in a manner which will not encroach on any
property line when trees reach full maturity. If conservable existing
deciduous trees are in the area, evergreens may be interplanted and
disposed in a manner which will provide a year-round effective screen
of such density to provide maximum protection and immediate screening
to an abutting property.
(8)
Landscaping, general. All areas not covered by buildings,
structures, parking aisles, driveways and walks shall be adequately
landscaped in a manner suitable to the Board. Street trees along all
public rights-of-way shall have a minimum caliper of 2 1/2 inches
as measured three feet above the ground line. Spacing shall depend
upon the species selected and approved by the Board. Other trees along
driveways, parking areas, buffers, etc., shall have a minimum caliper
of 1 1/2 inches measured three feet above the ground line. Landscaping
elements shall be maintained at all times, and any plant material
which does not survive shall be replaced within one year or one growing
season. Plans for landscaping shall be prepared by a landscape architect
or horticulturist.
(9)
Conservation. Existing woodlands, windbreaks, streams
and other landscape elements shall be preserved, consistent with good
conservation practices. Plans for this conservation shall be prepared
by a qualified landscape architect or horticulturist. All trees with
a minimum caliper of six inches and not in conflict with the development
plan shall be conserved, field marked and adequately protected by
fencing, and located on the site plan indicating species, caliper
and condition. In the event a marked tree is destroyed, the applicant
shall be responsible for the planting of a new tree at or near the
same location. The minimum caliper of said tree shall be three inches
as measured at a point three feet above the ground line. The species
shall be the same as the destroyed tree or a type as selected by the
Planning Board.
(10)
Outdoor storage. No use or accessory use shall
be constructed to permit the keeping of articles, equipment, goods
or materials in the open, exposed to public view, adjacent residences
or a residential district. When necessary to store or keep goods and
materials in the open, the area shall be screened by evergreen plantings
and/or an architecturally compatible fence or wall. No storage area
shall be permitted in any required yard.
(11)
Parking standards.
(a)
Off-street parking facilities shall be of such
design, location and arrangement which will not interfere with the
efficient and safe flow of traffic and pedestrians through the development
and will not interfere with the access of emergency or service vehicles.
(b)
Required off-street parking spaces and the construction, design, lighting, screening and landscaping of parking facilities shall conform with the provisions of § 215-36 of this chapter.
(c)
No loading dock or service area shall be along
street frontage or within any required yard. Such areas shall be landscaped
and sufficiently screened to obscure the view of parked trucks, loading
doors and platforms from any public street or adjacent residential
district.
(12)
Site lighting. Adequate and safe lighting shall
be provided for all interior roads, parking areas, walkways, etc.
Lighting shall be arranged to not adversely affect adjacent properties,
the traveling public or occupants of the building.
(13)
Underground wiring. All wiring servicing the
development shall be underground. For building additions in developments
served by overhead wiring, the Planning Board may waive the requirement
for underground wiring.
(14)
Fire laws and zones. Site plans and architectural
plans shall be submitted to the fire chief of the district for his
review and approval prior to final approval by the Board. Care shall
be exercised in plan design to facilitate traffic movements by emergency
vehicles and equipment, the location of hydrants, fire zones and fire
lanes.
(15)
Garbage or trash depots. Depots or corrals shall
be conveniently located with respect to the principal use, but such
location shall not adversely affect adjacent residential districts.
Depots shall be screened from view in a manner acceptable to the Board.
No depots shall be permitted in any required yard.
(16)
Storage of tractor-trailers, etc. The storage
of tractor-trailers, panel trucks, trucks and similar vehicles shall
be prohibited.
(17)
Child-care center. Where a child-care center
is developed within a nonresidential building, the floor area occupied
by the center shall not be included in the calculation of the permitted
density of development or in the calculation of any parking requirement
for that building or lot.
[Amended by Ord. No. 1989-30; Ord. No. 1993-22; Ord. No. 1994-3; Ord. No. 97-12]
A.
Permitted principal uses.
[Amended by Ord. No. 1993-22; Ord. No. 1994-3]
(1)
Office buildings for corporate groups; executive,
administrative, educational or professional services.
(2)
Structures and uses devoted to research, experimentation
or engineering involving scientific investigation, engineering study,
product development and similar activities not involving the manufacturing,
sale, processing, warehousing, distribution or fabrication of material,
products or goods, except as incidental to the principal permitted
use.
(3)
Radio or television broadcasting station, including
studio auditoriums and other rooms for performances, and including
office and other space incidental to and necessary for the principal
use, exclusive of broadcasting towers and antennas.
(4)
Child-care center.
C.
Conditional uses.
[Amended by Ord. No. 97-12]
(1)
Radio, television or cellular telecommunications transmission
or receiving tower and facilities (not including broadcasting studio
or business office) operated under regulations of the Federal Communications
Commission or the Telecommunications Act of 1996.
(2)
Solar
energy systems.
[Added 9-12-2017 by Ord.
No. 17-23]
D.
Area, yard, height and coverage requirements.
(1)
Principal building, minimum requirements.
(2)
Maximum height: three stories, not to exceed; 40 feet.
(3)
Coverage, maximum requirements. Total impervious coverage:
60%.
(4)
Accessory buildings.
(a)
All accessory building shall comply with the
yard requirements of the principal building.
(5)
Floor area ratio: 25%.
E.
General requirements.
[Amended by Ord. No. 1989-30; Ord. No. 1993-22; Ord. No. 1994-3]
(1)
Road frontage. All development must have access to
an approved primary or secondary road.
(2)
Utilities. Any development in this district shall
be serviced by a public sanitary sewerage facility and water supply
system. A statement from the appropriate agency permitting the connection
shall be required along with any stipulations and conditions.
(3)
Drainage and grading. A comprehensive drainage water
management and grading plan shall be approved by the Township Engineer
and any other agency which may have jurisdiction over the development,
such as the County of Mercer and the Delaware and Raritan Canal Commission.
(4)
Buildings. A lot may contain more than one principal
building, and a principal building may contain more than one use or
organization. The total number of buildings on a single lot shall
not exceed one per acre of that lot area.
(5)
Architectural concept. Preliminary architectural elevations
and floor plans and, if required by the Board, a perspective rendering
of the proposed building shall be submitted for review and approval.
Water towers, storage tanks, cooling towers, vents, air-conditioning
equipment and the like which rise above the roofline shall be architecturally
compatible or effectively shielded from view from any street or adjacent
properties in a manner acceptable to the Board.
(6)
Landscaped strip. A landscaped strip shall be provided
along all street frontages consisting of a minimum width of 25 feet,
said strip shall be restricted to landscape elements, including but
not limited to lawns, berms, plantings, trees, natural features, hedging,
lighting and signs as provided by this chapter. Egress and ingress
driveways are permitted to cross the strip. Visitor parking may be
provided between the required strip and the front face of a building,
if the parking facility is screened by an evergreen hedge 1 1/2
feet tall at time of planting and shall be kept trimmed to a height
of not more than four feet.
(7)
Landscaping, general. All areas not covered by buildings,
structures, parking aisles, driveways and walks shall be adequately
landscaped in a manner suitable to the Board. Street trees along all
public rights-of-way shall have a minimum caliper of 2 1/2 inches
as measured three feet above the ground line. Spacing shall depend
upon the species selected and approved by the Board. Other trees along
driveways, parking areas, buffers, etc., shall have a minimum caliper
of 1 1/2 inches measured three feet above the ground line. Landscaping
elements shall be maintained at all times, and any plant material
which does not survive shall be replaced within one year or one growing
season. Plans for landscaping shall be prepared by a landscape architect
or horticulturist.
(8)
Conservation. Existing woodlands, windbreaks, streams
and other landscape elements shall be preserved, consistent with good
conservation practices. Plans for this conservation shall be prepared
by a qualified landscape architect or horticulturist. All trees with
a minimum caliper of six inches and not in conflict with the development
plan shall be conserved, field marked and adequately protected by
fencing, and located on the site plan indicating species, caliper
and condition. In the event a marked tree is destroyed, the applicant
shall be responsible for the planting of a new tree at or near the
same location. The minimum caliper of the tree shall be three inches
as measured at a point three feet above the ground line. The species
shall be the same as the destroyed tree or a type as selected by the
Planning Board.
(9)
Outdoor storage. No use or accessory use shall be
constructed to permit the keeping of articles, equipment, goods or
materials in the open, exposed to public view, adjacent residences
or a residential district. When necessary to store or keep goods and
materials in the open, the area shall be screened by evergreen plantings
and/or an architecturally compatible fence or wall. No storage area
shall be permitted in any required yard.
(10)
Parking and loading standards.
(a)
Off-street parking facilities shall be of such
design, location and arrangement which will not interfere with the
efficient and safe flow of traffic and pedestrians through the development
and will not interfere with the access of emergency or service vehicles.
(b)
Required off-street parking spaces and the location, construction, design, lighting, screening and landscaping of parking and loading facilities shall conform with the provisions of § 215-36 of this chapter.
(c)
No loading dock or service area shall be along
street frontage or within any required yard. Such areas shall be landscaped
and sufficiently screened to obscure the view of parked trucks, loading
doors and platforms from any public street or adjacent residential
district.
(11)
Site lighting. Adequate and safe lighting shall
be provided for all interior roads, parking areas, walkways, etc.
Lighting shall be arranged to not adversely affect adjacent properties,
the traveling public or occupants of the building.
(12)
Underground wiring. All wiring servicing the
development shall be underground. For building additions in developments
served by overhead wiring, the Planning Board may waive the requirement
for underground wiring.
(13)
Fire laws and zones. Site plans and architectural
plans shall be submitted to the fire chief of the district for his
review and approval, prior to final approval by the Board. Care shall
be exercised in plan design to facilitate traffic movements by emergency
vehicles and equipment, the location of hydrants, fire zones and fire
lanes.
(14)
Garbage or trash depots. Depots or corrals shall
be conveniently located with respect to the principal use but such
location shall not adversely affect adjacent residential districts.
Depots shall be screened from view in a manner acceptable to the Board.
No depots shall be permitted in any required yard.
(15)
Storage of tractor-trailers, etc. The storage
of tractor-trailers, panel trucks, trucks and similar vehicles shall
be prohibited.
(16)
Child-care center. Where a child-care center
is developed within a nonresidential building, the floor area occupied
by the center shall not be included in the calculation of permitted
density of development or in the calculation of any parking requirement
for that building or lot.
A.
Permitted principal uses.
[Amended by Ord. No. 1993-22; Ord. No. 1994-3; 3-31-2000 by Ord. No. 00-08]
(1)
Manufacturing, processing, producing, fabricating
or warehousing operations which meet performance standards contained
in this chapter, provided that all operations and activities, except
parking and loading, are carried on within enclosed buildings. Outside
storage of materials, equipment or refuse may be permitted by site
plan approval as provided by this chapter.
[Amended 4-13-2021 by Ord. No. 21-04]
(2)
Structures and uses devoted to research, experimentation
or engineering involving scientific investigation, engineering study,
project development and similar activities not involving the manufacturing,
sale, processing, warehousing, distribution, or fabrication of material,
products or goods except as incidental to the principal permitted
uses.
(3)
Office buildings.
[Amended 7-14-2009 by Ord. No. 09-12]
(4)
Radio or television broadcasting station, including
studio auditoriums and other rooms for performances and including
office and other space incident to and necessary for the principal
use, including radio or television transmission-receiving tower and
facilities, provided no portion of the tower is within 1 1/2
times the height of the structure from any property line.
(5)
Hospital for small animals (dogs, cats and the like)
including kennel, provided yards are enclosed.
(6)
Farm uses, such as agricultural, horticultural, harvesting,
processing, freezing, etc. Repair and maintenance of farm buildings
and equipment.
(7)
Combinations of two or more compatible uses permitted
within one unit.
(8)
Public safety facilities.
(9)
Child-care center.
(11)
Highway business hotel lodging facilities, subject
to the following standards:
[Added 11-28-2000 by Ord. No. 00-30;
amended 2-9-2010 by Ord. No. 10-02]
(a)
Lots to contain business lodging facilities
shall be located at their closest lot line within 1,000 feet of the
interchange of Scotch Road and Interstate I-95.
(12)
[1]Indoor recreational facilities and health clubs.
[Added 7-14-2009 by Ord. No. 09-12]
[1]
Editor's Note: Former Subsection A(12), regarding affordable
housing, added 4-24-2001 by Ord. No. 01-08, was repealed 4-13-2021 by Ord. No. 21-04. This ordinance also renumbered former Subsection A(13)
and (14) as Subsection A(12) and (13), respectively.
(13)
Multiple permitted uses.
[Added 7-14-2009 by Ord. No. 09-12]
B.
Permitted accessory buildings and uses.
[Amended by Ord. No. 1989-30]
(1)
Off-street parking facilities.
(2)
Fences, walks and hedges as regulated by ordinance.
(3)
Signs as regulated by ordinance.
(4)
Satellite communications dish receiving antennas,
provided the dish antenna does not exceed 15 feet in diameter; is
not located in a front yard; conforms to the rear and side yard requirements
for a principal building; and does not exceed 17 feet in height. Microwave
transmission antennas or facilities are not permitted as an accessory
use.
(5)
Cafeteria and/or personal service uses located within
a building(s) for the use of employees and guests.
[Amended 7-14-2009 by Ord. No. 09-12]
(6)
Recreational areas and parks, provided the facility
is owned and operated by an industry situated within the Industrial
Park District.
(7)
Gate house, bus stop shelter or security office not
more than one story in height and located within a required front
yard but situated not closer than 25 feet to any property line.
(8)
Other uses customarily incidental to the permitted
principal use.
(9)
Accessory uses for highway business hotels shall be
permitted as follows:
[Added 11-28-2000 by Ord. No. 00-30]
(a)
Off-street parking facilities.
(b)
Fences, walks and hedges as regulated by ordinance.
(d)
Exercise facilities.
(e)
Business services, such as Internet access,
fax, copier, personalized voice mail, and meeting rooms.
(f)
Vending areas, limited-service dining and food
pantry/preparation areas, restaurant designed primarily to serve occupants
of the hotel.
(g)
Limited recreation facilities, such as a swimming
pool and sports court.
(h)
Other uses customarily incidental to the permitted
principal use.
C.
Conditional uses.
[Amended by Ord. No. 1989-30; Ord. No. 97-12; 11-25-2008 by Ord. No. 08-21; 9-12-2017 by Ord. No. 17-23; 4-13-2021 by Ord. No. 21-04]
(1)
Restaurant, bar or other similar establishment serving
food or beverages and which occupies a separate structure and is not
an integral part of a shopping center or a principal permitted use.
(2)
Cellular telecommunications facilities.
(3)
Breweries and distilleries, provided that they are
also open to the public.
D.
Bulk requirements.
(1)
Principal building.
(a)
Lot area: three acres, minimum.
(b)
Lot width: 250 feet, minimum.
(c)
Front yard: 75 feet minimum, except that the
front yard of a highway business hotel or office building use where
the front building facade exceeds 40 feet in height shall be increased
by a distance equal or exceeding 1/2 of the total building height,
to a maximum required front yard of 100 feet.
[Amended 11-28-2000 by Ord. No. 00-30; 2-13-2001 by Ord. No.
01-02]
(d)
Side yard, one: 35 feet, minimum.
(e)
Side yard, total of two: 100 feet, minimum.
(f)
Rear yard: 75 feet, minimum.
(g)
Height:
[Amended 11-28-2000 by Ord. No. 00-30; 2-13-2001 by Ord. No.
01-02; 7-14-2009 by Ord. No. 09-12; 4-13-2021 by Ord. No. 21-04]
[1]
Office building(s) on property within 1,000 feet of the interchange
located at Scotch Road and Interstate 1-95 (as shown on the drawing
attached,[3] measured from the nearest property lines, may not be higher
than six stories, not to exceed 85 feet.
[3]
Editor’s Note: Said drawing is on file in the Township
offices.
[2]
Highway business hotel or office building(s) may not be higher than
six stories, not to exceed 85 feet.
[3]
All other principal buildings and structures: four stories, not to
exceed 48 feet. Freestanding parking structures above 15 feet in building
height shall be considered principal buildings and shall be limited
to 55 feet in height for the structure, regardless of the number of
parking levels, but must be screened from view to all extent feasible.
E.
General requirements.
[Amended by Ord. No. 1989-30; Ord. No. 1993-22; Ord. No. 1994-3]
(1)
All buildings and uses shall be served by public water
and sewage, and a lot may contain more than one principal building.
(2)
Yard requirements adjoining residential districts.
On lots adjoining residential districts, no building shall be located
closer than 50 feet from such district boundary.
(3)
Landscaping along streets, roads or highways. Each
property shall be appropriately landscaped particularly along its
frontage upon a public street or road. Parking lots, loading and unloading
shall not be permitted in the area between the front setback line
and the street line. The above provision shall not prohibit a total
of not more than 12 executive or visitor parking spaces being located
immediately in front of the main building, provided such area is adequately
screened and maintained in a manner suitable to the Planning Board.
(4)
Screening or buffer strip. Along each side and rear
property line which adjoins a residential district, a screen or buffer
planting strip shall be provided consisting of massed evergreens and
shrubs of such species and size as will produce an effective screen
at time of planting. The screen or buffer strip shall be landscaped
in accordance with a plan acceptable to the Planning Board. The evergreen
trees shall be pines, fir, hemlock or spruce trees with a minimum
height of six feet. The width of the planted screen shall be a minimum
of 10 feet, and the evergreens shall be planted in a triangular pattern
10 feet on center, and it shall be the responsibility of the applicant
to carry out this program and to promote such maintenance and care
as is required to obtain the effect intended by the original plan.
As an alternate to the evergreen plantings, an opaque fence six feet
high may be installed, provided it meets all requirements of the Planning
Board.
(5)
Landscaping. Those portions of all yards not used
for parking, loading, unloading and service shall be planted and maintained
at all times.
(6)
Distance between buildings. All buildings shall be
arranged in a group or groups, and the distance at the closest point
between any two buildings or group of buildings shall be not less
than 15 feet except as specified elsewhere in this chapter.
(7)
Entrances and exits. All entrances and exits upon
a public street shall not be located within 100 feet of any street
intersection, said distance to be measured from the intersection of
the right-of-way lines at the corner affected and the closest point
of such proposed driveway. No entrance or exit, at the curbline only,
shall be closer than 20 feet from a side lot line. Entrance and exit
sizes, locations and construction shall also be in accordance with
requirements of the governmental agency having jurisdiction over the
facility upon which the permitted use has frontage.
(8)
Loading docks and service areas. No loading dock or
service area may be on any street frontage. Provision for handling
all freight shall be on those sides of any buildings which do not
face any street or proposed streets.
(9)
Outdoor storage areas. No use or accessory use shall
be constructed to permit the keeping of articles, equipment, goods
or materials in the open, exposed to public view, adjacent residences
or a residential district. When necessary to store or keep such materials
in the open, the area shall be fenced with a screen or buffer planting
strip and be situated not closer than 50 feet from a residential district
line.
(10)
Conservation. Existing woodlands, windbreaks
and watersheds shall be preserved as far as the standards of good
conservation practice require.
(11)
Yard requirements adjoining rail facilities.
In order to assure safety and efficiency of operation and to avoid
unnecessary hardship, the side and rear yard requirements of this
section shall not apply where they apply to those portions of a lot
immediately adjoining and bounded by the right-of-way of a railroad
or where a railroad track or spur line forms the boundary line between
two lots within the district. Wherever any section of a railroad track
or spur line lies entirely within the property lines of a single industrial
user it shall be so located that any structures which are to be in
direct contact with it shall conform to the side and rear yard regulation
herein.
(12)
Child-care center. Where a child-care center
is developed within a nonresidential building, the floor area occupied
by the center shall not be included in the calculation of permitted
density of development or in the calculation of any parking requirement
for that building or lot.
(13)
Requirements for highway business hotels:
[Added 11-28-2000 by Ord. No. 00-30]
(a)
Principal buildings per lot. A lot may contain
more than one principal building.
(b)
Each unit of accommodation shall contain a minimum
floor area of 300 square feet.
(c)
All access to individual units shall be from
interior hallways.
(d)
Off-street parking shall be provided based on
a minimum of one parking space for each guest unit, inclusive of units
occupied by resident employees.
(e)
Utilities. All buildings and uses shall be served
by public water and sewage.
(f)
Landscaping and location of parking areas. Each property shall be appropriately landscaped along its frontage upon a public street. Parking shall be permitted in the area between the front setback line and the street line, provided such area is adequately landscaped. Those portions of all yards not used for parking, loading, unloading and service shall be landscaped and maintained at all times in accordance with the requirements of Article VI of the Land Development Ordinance. Parking and service areas shall not be located within 10 feet of any property line.
[Amended 4-13-2021 by Ord. No. 21-04]
(g)
Entrances and exits. The principal entrance
and exit upon a public street shall not be located within 100 feet
of any street intersection, said distance to be measured from the
intersection of the right-of-way lines at the corner affected and
the closest point of such proposed driveway. No entrance or exit,
at the curbline, shall be closer than 20 feet from a side lot line.
For streets under the jurisdiction of another governmental agency,
entrance and exit drive design standards of such agency shall govern.
(h)
Loading docks and service areas. No loading
dock or service area shall be located within the lot's front yard.
All such loading and service areas shall be screened from public view
at ground level along the property line which abuts any other street
location upon which the lot may be located.
(i)
Sign requirements. Signs specified in § 215-37P(6), IP-1, IP-2, IP-3 Districts, except as modified below:
[Amended 4-13-2021 by Ord. No. 21-04]
[1]
Number of signs. One principal facade sign,
one secondary facade sign, one ground monument sign, and two directional
monument signs shall be permitted for a highway business hotel for
each street upon which the property fronts.
[2]
Principal facade signs. A principal facade sign
may be located near the top of the building but shall be placed below
the roof parapet line. Channel letters and logo art may be applied
to the building in lieu of a principal facade sign. All façade
signage is limited to a maximum of 10% of the building facade area
upon which it is to be placed.
[3]
Secondary facade signs. Designed to feature
the hotel brand logo and located on a building side fronting on a
street or facing, although not necessarily fronting on, Interstate
95. Such secondary facade sign shall not exceed 100 square feet in
area.
[4]
Freestanding ground monument signs. A ground
monument sign shall not exceed 48 square feet in area and shall not
have a vertical distance of more than six feet. The sign shall be
set back from the street right-of-way line a minimum distance of 10
feet.
[5]
Pylon signs. One freestanding pylon sign identifying
a highway business hotel may be permitted, not to exceed a height
of 50 feet measured from the ground level to the top of the sign.
The sign face shall not exceed 260 square feet in area and may be
interior-lighted with nonglaring lights and is limited to I-95 frontage
with preference given toward working with NJDOT on highway-oriented
directional signage.
[6]
Directional monument signs. Customary directional
signs containing information directing motorists within the site,
from access points into and out of the site as well as other similar
situations, shall be no more than 10 square feet in area and shall
not have a vertical dimension of more than four feet.
(j)
Trash and garbage enclosures. Trash and garbage enclosures shall
be hidden from public streets and be constructed with materials that
are consistent with the overall architectural design.
(k)
Traffic control measures. Traffic control measures as determined
in the discretion of the Board shall be installed.
(l)
Fire lanes. Fire lanes shall be clearly marked by signs, pavement
markings, or other suitable methods.
(m)
Loading docks and service areas. Loading docks and service areas
are prohibited in any area on the street frontage side of the building.
Screening of loading docks and service areas is encouraged and may
be achieved through the architectural nature or design of the building.
Access for service and deliveries shall not obstruct overall site
traffic patterns.
(n)
Lighting. Lighting must be oriented in a manner as to not adversely
affect adjacent properties or residences. Exterior freestanding lighting
fixtures shall in no case be greater than 25 feet in height. The source
of illumination shall be recessed and shielded within the fixture
itself. To the degree possible, the fixture design shall be consistent
in character with the design of the center.
(o)
Outdoor display and storage of materials. Outdoor display of goods
shall be permitted in those areas, fenced, or unfenced, covered, or
uncovered. Designated parking stalls shall not be used or considered
as outdoor display or storage areas. Outdoor storage of materials
is restricted from the front yard and must be screened. All display
areas and storage areas must be specifically indicated on the plans,
clearly identified with permanent markers on the building and/or site
consistent with the plan approved by the Board. Outdoor display areas
shall be kept tidy and aesthetically pleasing to all extent practicable.
[Amended 4-13-2021 by Ord. No. 21-04[4]]
[4]
Editor's Note: This ordinance also repealed former Subsection
F(1) through (6) and renumbered former Subsection F(7) through (13)
as Subsection E(13)(j) through (p), respectively.
(p)
Outdoor garden area. Outdoor garden areas shall not encompass more
than 30% of the building area and shall be attached and appropriately
screened, or otherwise aesthetically enhanced.
A.
Permitted principal uses.
[Amended by Ord. No. 1993-22; Ord. No. 1994-3]
(1)
Manufacturing, processing, producing, fabricating
or warehousing operations which meet performance standards contained
in this chapter, provided that all operations and activities, except
parking and loading, are carried on within enclosed buildings and
that there is no outside storage of materials, equipment or refuse,
except as provided by this chapter.
(2)
All uses permitted in the Office Park Zone District.
(3)
Radio or television broadcasting station, including
studio auditoriums and other rooms for performances and including
office and other space incidental to and necessary for the principal
use, including radio or television transmission or receiving tower
and facilities, provided no portion of the tower is within 1 1/2
times the height of the structure from any property line.
(4)
Hospital for small animals (dogs, cats, and the like)
including kennel, provided yards are enclosed.
(5)
Farm uses, such as agricultural, horticultural, harvesting,
processing, freezing, etc. Repair and maintenance of farm buildings
and equipment.
(6)
Combinations of two or more compatible uses permitted
within one unit.
(7)
Public safety facilities.
(8)
Child-care center.
C.
Conditional uses.
[Amended by Ord. No. 1989-30; Ord. No. 97-12; 9-12-2017 by Ord. No. 17-23; 4-13-2021 by Ord. No. 21-04]
D.
Bulk requirements.
(1)
Principal building.
(a)
Lot area, corner lot: 18,750 square feet, minimum.
(b)
Lot area, interior lot: 15,000 square feet,
minimum.
(c)
Lot width, corner lot: 125 feet, minimum.
(d)
Lot width, interior lot: 100 feet, minimum.
(e)
Front yard, 25 feet, minimum.
(f)
Side yard, each: 10 feet, minimum.
(g)
Rear yard: 10 feet, minimum. When abutting a
residential district, rear yard requirements shall conform to requirements
of the adjacent residential district.
(h)
Height. All principal buildings and structures:
four stories, not to exceed 48 feet. Freestanding parking structures
above 15 feet in building height shall be considered principal buildings
and shall be limited to 55 feet in height for the structure, regardless
of the number of parking levels but must be screened from view to
all extent feasible.
[Amended 4-13-2021 by Ord. No. 21-04]
E.
General requirements.
[Amended by Ord. No. 1993-22; Ord. No. 1994-3]
(1)
All buildings and uses shall be served by public water
and sewage, and a lot may contain more than one principal building.
(2)
Yard requirements adjoining residential districts.
On lots adjoining residential districts, no building or parking areas
shall be located closer than 25 feet from such district boundary.
(3)
Landscaping along streets, roads or highways. Each
property shall be appropriately landscaped particularly along its
frontage upon a public street or road. Parking lots, loading and unloading
shall not be permitted in the area between the front building line
and the street line.
(4)
Screening or buffer strip. Along each side and rear
property line which adjoins a residential district, a screen or buffer
planting strip shall be provided consisting of massed evergreens and
shrubs of such species and size as will produce an effective screen
at time of planting. The screen or buffer strip shall be landscaped
in accordance with a plan acceptable to the Planning Board. The evergreen
trees shall be pines, fir, hemlock or spruce trees with a minimum
height of six feet. The width of the planted screen shall be a minimum
of 10 feet, and the evergreens shall be planted in a triangular pattern
10 feet on center, and it shall be the responsibility of the applicant
to carry out this program and to promote such maintenance and care
as is required to obtain the effect intended by the original plan.
As an alternate to the evergreen plantings, an opaque fence six feet
high may be installed, provided it meets all requirements of the Planning
Board.
(5)
Landscaping. Those portions of all yards not used
for parking, loading, unloading and service shall be planted and maintained
at all times.
(6)
Distance between buildings. All buildings shall be
arranged in a group or groups, and the distance at the closest point
between any two buildings or group of buildings shall be not less
than 15 feet except as specified elsewhere in this chapter.
(7)
Entrances and exits. All entrances and exits upon
a public street shall not be located within 50 feet of any street
intersection, the distance to be measured from the intersection of
the right-of-way lines at the corner affected and the closest point
of such proposed driveway. No entrance or exit, at the curbline only,
shall be closer than five feet from a side lot line. Entrance and
exit sizes, locations and construction shall also be in accordance
with requirements of the governmental agency having jurisdiction over
the facility upon which the permitted use has frontage.
(8)
Loading docks and service areas. No loading dock or
service area may be on any street frontage. Provision for handling
all freight shall be on those sides of any buildings which do not
face any street or proposed streets.
(9)
Outdoor storage areas. No use or accessory use shall
be constructed to permit the keeping of articles, equipment, goods
or materials in the open, exposed to public view, adjacent residences
or a residential district. When necessary to store or keep such materials
in the open, the area shall be fenced with a screen or buffer planting
strip and be situated not closer than 25 feet from a residential district
line.
(10)
Conservation. Existing woodlands, windbreaks
and watersheds shall be preserved as far as the standards of good
conservation practice require.
(11)
Yard requirements adjoining rail facilities.
In order to assure safety and efficiency of operation and to avoid
unnecessary hardship, the side and rear yard requirements of this
section shall not apply where they apply to those portions of a lot
immediately adjoining and bounded by the right-of-way of a railroad
or where a railroad track or spur line forms the boundary line between
two lots within the district. Wherever any section of a railroad track
or spur line lies entirely within the property lines of a single industrial
user it shall be so located that any structures which are to be in
direct contact with it shall conform to the side and rear yard regulation
herein.
(12)
Child-care center. Where a child-care center
is developed within a nonresidential building, the floor area occupied
by the center shall not be included in the calculation of permitted
density of development or in the calculation of any parking requirement
for that building or lot.
A.
Permitted principal uses.
[Amended by Ord. No. 1993-22; Ord. No. 1994-3]
(1)
Manufacturing, processing, producing, fabricating
or warehousing operations which meet performance standards contained
in this chapter, provided that all operations and activities, except
parking and loading, are carried on within enclosed buildings and
that there is no outside storage of materials, equipment or refuse,
except as provided by this chapter.
(2)
Structures and uses devoted to research, experimentation
or engineering involving scientific investigation, engineering study,
project development and similar activities.
(3)
Offices and warehouses.
B.
Permitted accessory buildings and uses.
(1)
Off-street parking facilities.
(2)
Fences, walks and hedges as regulated by ordinance.
(3)
Signs as regulated by ordinance.
(4)
Satellite communications dish receiving antennas,
provided the dish antenna does not exceed 15 feet in diameter; is
not located in a front yard; conforms to the rear and side yard requirements
for a principal building; and does not exceed 17 feet in height. Microwave
transmission antennas or facilities are not permitted as an accessory
use.
(5)
Other uses customarily incidental to the permitted
principal use.
C.
Conditional uses.
[Amended by Ord. No. 1989-30; Ord. No. 97-12; 9-12-2017 by Ord. No. 17-23; 4-13-2021 by Ord. No. 21-04]
(1)
Cellular telecommunications facilities.
D.
Bulk requirements.
(1)
Principal building.
(a)
Lot area, corner lot: 6,000 square feet, minimum.
(b)
Lot area, interior lot: 4,000 square feet, minimum.
(c)
Lot width, corner lot: 60 feet, minimum.
(d)
Lot width, interior lot: 40 feet, minimum.
(e)
Front yard: 25 feet, minimum.
(f)
Side yard, each: five feet, minimum.
(g)
Rear yard: five feet, minimum.
(h)
All other principal buildings and structures:
two stories not to exceed 35 feet.
[Amended 4-13-2021 by Ord. No. 21-04]
E.
General requirements.
[Amended by Ord. No. 1993-22; Ord. No. 1994-3]
(1)
All buildings and uses shall be served by public water
and sewage, and a lot may contain more than one principal building.
(2)
Separation of parking from public streets. Along each
street line, a minimum ten-foot strip shall be provided, suitably
landscaped. The landscaped strip shall be separated from the parking
area by continuous concrete curbing except at accessways.
(3)
Screening or buffer strip. Along each side and rear
property line which adjoins a residential district in the Township
or a similar district in an adjoining municipality, a screen or buffer
planting strip shall be provided consisting of massed evergreens and
shrubs of such species and size as will produce an effective screen
at time of planting. The width of the planted screen shall be a minimum
of four feet, and it shall be the responsibility of the applicant
to carry out this program and to promote such maintenance and care
as is required to obtain the effect intended by the original plan.
(4)
Landscaping. Those portions of all yards not used
for parking, loading, unloading and service shall be planted and maintained
at all times.
(5)
Distance between buildings. All buildings shall be
arranged in a group or groups, and the distance at the closest point
between any two buildings or group of buildings shall be not less
than 10 feet.
(6)
Entrances and exits. All entrances and exits upon
a public street shall not be located within 25 feet of any street
intersection, said distance to be measured from the intersection of
the right-of-way lines at the corner affected and the closest point
of such proposed driveway. No entrance or exit, at the curbline only,
shall be closer than five feet from a side lot line. Entrance and
exit sizes, locations and construction shall also be in accordance
with requirements of the governmental agency having jurisdiction over
the facility upon which the permitted use has frontage.
(7)
Outdoor storage areas. No use or accessory use shall
be constructed to permit the keeping of articles, equipment, goods
or materials in the open exposed to public view, adjacent residences
or a residential district. When necessary to store or keep such materials
in the open, the area shall be fenced with a screen or buffer planting
strip and be situated not closer than 25 feet from a residential district
line.
(8)
Loading dock and service areas. No loading dock or
service area may be on any street frontage. Provision for handling
of freight shall be on those sides of any buildings which do not face
on any street or proposed streets.[2]
[2]
Editor's Note: Former Subsection E(9), regarding child-care
centers, which immediately followed, was repealed 4-13-2021 by Ord. No. 21-04.
[Amended 3-31-2000 by Ord. No. 00-08; 6-12-2001 by Ord. No. 01-19; 10-9-2007 by Ord. No. 07-19]
A.
Purpose.
(1)
The Ewing Township Planning Board has determined that,
while the zone plan for the Township is effective in providing for
a variety of land uses and in separating conflicting land uses, it
is in the best interests of the Township to provide an alternative
method to the development of larger sites which permits a greater
variety and mix of land uses pursuant to a coordinated plan. Such
planned developments may consist of several different types of uses;
open space; an on-site circulation system for vehicles, bicyclists
and pedestrians; and facilities for community services, such as recreation,
social activities and security to benefit the users of the planned
development. Finally, planned developments are intended to enable
creative design and development of larger sites without adversely
impacting surrounding land uses, particularly existing residential
neighborhoods.
(2)
The requirements for planned developments provided
in this section apply where planned developments are listed as permitted
uses in the zoning district. To the extent that the following provisions
differ from the requirements of the zoning district(s) otherwise applicable
to the site or other requirements of this chapter, the provisions
of this section shall govern.
B.
Standards applicable to all planned developments.
The following standards shall apply to all forms of planned developments,
as defined in this section:
(1)
Use restrictions.
(a)
Permitted uses within a planned development shall be those uses listed as permitted uses in the zoning district and shall also include highway business hotel lodging facility, as defined in § 215-8, restaurants and banks. Accessory uses not specifically listed in these zones but which are supportive services and incidental to an office park are also permitted with approval of the Planning Board.
(b)
Except as otherwise provided herein, planned
industrial developments and/or planned commercial developments shall
be permitted only if the land which is to be used for the planned
development is located in the Industrial Park 1 (IP-1) Zone and/or
an Office Park (OP-1 or OP-2) Zone. Planned commercial developments
or planned industrial developments may include land which is residentially
zoned, except such planned development shall be designed so that the
residentially zoned land may be improved only as open space, landscaped
buffer, stormwater detention facilities, streets and recreation facilities
to the extent allowed by the physical and environmental constraints
of the site.
(2)
RESTAURANT
BANK
Definitions:
Any establishment which is designed for and whose primary
function and operation is the preparation and service by employees
of meals to a customer or customers seated at the table at which the
meal is consumed.
Any bank, credit union or other financial institution in
which business of a financial nature is transacted, with or without
the inclusion of any drive-through facilities.
(3)
Perimeter buffers. Planted buffers shall be provided along the perimeter of any planned development in accordance with the minimum width parameters of Table 1 below. As set forth in Table 1, where a proposed use (vertical column) within a planned development is located near a tract boundary line that is common with an abutted use (horizontal row), the buffer width indicated in Table 1 shall be provided except as otherwise provided for herein. Where Interstate 95 serves as a zone district boundary, no buffering is required along such boundary. Where a tract boundary line is also a street line, the street buffer requirements in Subsection B(7) herein shall apply.
(a)
Roads, utility easement and stormwater management
facilities may be located within a perimeter buffer, provided that,
in such cases where the buffer abuts residential zoned lands, additional
landscaping is provided to achieve effective screening and softening
of the overall visual impact of the planned development viewed from
an adjacent residential area. Where the abutting land use is vacant
land, the buffer width shall be the greatest applied to a permitted
use in the zoning district of the abutting property.
(b)
Every required buffer may contain berms, deciduous and evergreen trees and shrubs, inclusive of ornamental trees and shrubs as well as ground cover, or a combination of these features, to achieve an effective landscape screen. Design of buffer areas to achieve an effective landscape screen shall follow the guidelines and standards outlined in Subsection B(7) herein. The number, type and size of buffer plantings shall be shown on the site plan.
(c)
To the extent that environmental constraints
and physical or planned development design conditions dictate, a variable-width
planted buffer may be provided. The Board may approve a buffer width
less than the minimum prescribed in Table I, provided that a commensurate
buffer width greater than the minimum requirement is provided elsewhere
on the site and that site cross sections depicting a proposed landscape
buffer design treatment between a planned development and abutting
residentially zoned lands indicates that an effective landscape screen
can be achieved. No buffer shall be less than 10 feet unless the abutting
use is permanently reserved open space.
Table 1
Minimum Buffer Requirements at Tract Perimeter
of planned developments
| |||||
---|---|---|---|---|---|
Abutting Use
|
1-Family Detached Residential
(feet)
|
Quasi-Public/ Institutional
(feet)
|
Office
(feet)
|
Industrial Warehousing
(feet)
| |
Proposed Use
| |||||
1-Family detached residential
|
25
|
25
|
50
|
100
| |
Office
|
100
|
25
|
10
|
25
| |
Industrial/ warehousing
|
100
|
50
|
25
|
10
| |
Quasi-public/ institutional
|
25
|
10
|
25
|
50
| |
Other
|
100
|
50
|
75
|
10
| |
Restaurants
|
100
|
50
|
75
|
10
| |
Banks
|
100
|
50
|
75
|
10
| |
Child-care facility
|
100
|
50
|
75
|
10
| |
Hotels
|
100
|
50
|
75
|
10
|
(4)
Intensity of development.
(a)
Unless otherwise provided herein, the overall
intensity of development as a result of a planned development shall
not exceed the building coverage or floor area ratio which would occur
if the site were developed in accordance with the underlying zoning
districts or, where two or more nonresidential districts occur, the
combined total of those districts taken as a whole. Within a planned
development only, floor area ratio shall mean the ratio of the gross
leasable floor area to the area of the lot or tract.
(b)
Planned commercial developments or planned industrial
developments which include land which is residentially zoned may include
such land for the purposes of application of the conditions and standards
herein.
(5)
Height and bulk standards for planned developments.
(a)
Subject to Subsection B(5)(b) below, buildings within planned developments may be freely disposed and arranged within a tract and shall conform to the standards for height, bulk and setbacks as set forth in Table 2.[1]
[1]
Editor's Note: Table 2, Standards for Height, Bulk and Setbacks for Planned Developments, is included at the end of this chapter.
(b)
Clustering of buildings and the provision of
structured parking are strongly encouraged to minimize the amount
of site disturbance and stormwater runoff, preserve open space, provide
more efficient distribution of infrastructure and encourage pedestrian
circulation on the site.
(c)
Building height exceptions within planned developments.
[1]
In order to encourage distinctive architectural
designs which integrate and effectively screen rooftop mechanical
equipment, elevator penthouses, stair enclosures and similar features,
screened mechanical equipment enclosures may either be 10 feet from
the perimeter walls of a building or integral with the front facade
of the building if designed as an architectural extension of the facade
containing similar building materials. Such rooftop screening structures
may exceed the permitted building height by up to 16 feet, provided
that the screened-in areas do not exceed 30% of the roof area on which
they are located.
[2]
An architectural feature not intended for human
occupancy and designed as an identity structure for a planned development
complex shall not exceed 120 feet in height from the averaged finished
grade level around the perimeter of the building, subject to the airport
hazard regulations in the Ewing Land Development Ordinance and the
approval of the applicable county agencies and the Federal Aviation
Administration (FAA).
[3]
In a planned development which includes an R-1
Zone, four-storied buildings shall not be permitted within an area
located 500 feet from an abutting R-1 Zone District boundary line.
(6)
Parking and loading requirements for planned developments.
Parking shall be provided within planned developments in accordance
with the following:
(a)
Nonresidential uses. Parking for office uses located within planned industrial developments and planned commercial developments shall provide off-street parking at a ratio of four parking spaces per 1,000 square feet of gross leasable floor space. Other permitted uses within a planned development shall provide off-tract parking in accordance with the parking requirements of § 215-36H of this chapter.
[1]
Parking shall be distributed to minimize the
walking distance to building entrances. Parking decks and parking
garages are encouraged. Parking lots shall be designed to minimize
the opportunities to cut across parking aisles through the use of
planting islands. Provisions for safe pedestrian circulation between
buildings and between buildings and parking shall be included in the
design for the planned development.
[2]
The layout of parking areas shall be in accordance with § 215-36A through G of this chapter, except that stall dimensions may be nine feet wide by 18 feet deep and twenty-four-foot aisles for perpendicular parking. The compact car provisions of § 215-36C(2) shall be applied to office and industrial uses only.
(b)
Off-street loading requirements. Loading spaces shall be provided for planned developments in accordance with § 215-36J of this chapter. Loading spaces may occupy a side or rear yard if such spaces are effectively screened to shield such spaces from public view to the extent practicable at the closest access street frontage.
(7)
Landscaping requirements.
(a)
Design of buffer areas. All required buffer
areas that include existing wooded areas that are less than 100 feet
in width and containing a plant association dominated by deciduous
trees of six-inch caliper or greater shall be supplemented along the
exterior edge within the required buffer area by landscape material
that may include naturalized groupings of native shrubs, evergreen
trees (Eastern Red Cedar, American Holly, indigenous conifers) or
combinations of such plantings to the extent allowed by current environmental
regulations. Buffer areas without existing wooded areas that abut
existing residential uses shall be designed to form an effective landscape
screen between nonresidential and residential uses.
(b)
Parking area buffers. Landscaped buffers of
not less than 25 feet in width shall separate all off-street surface
parking areas from the nearest street line of a public street. When
such street separates the tract from a residential zone, the required
buffer shall be 50 feet. Treatment of such buffers may contain berms,
groupings of trees and shrubs and ground covers, or a combination
of these features, to achieve an effective screen adjacent to such
parking areas. Street trees must be of indigenous species where required
and shall be planted at a minimum size of three-inch caliper and spaced
at intervals of 50 feet or in an alternate spacing pattern, depending
on tree species and overall site design theme proposed for the planned
development. Where berming is provided, it shall be designed with
side slopes not to exceed 3:1 and shall undulate and overlap where
space allows.
(c)
Interior roads. Interior roads within a planned development shall be landscaped with street trees pursuant to the requirements of § 215-73S of this chapter.
(d)
Preserved open space. To the greatest extent
possible, preserved open space should be designed into the planned
development where the maximum preservation of significant natural
features can be achieved without the need for extensive replacement
planting. Where new plantings are necessary, they should be shown
on the landscape plan submitted with the preliminary major site plan
submission. The landscape plan must be professionally prepared and
incorporate a balanced mix of trees and shrubs appropriate to the
use of the open space. Canopy species trees greater than six-inch
caliper at breast height must be located on the site plan.
(8)
Lighting requirements for planned developments. Site
lighting shall be provided for planned developments only to the extent
that it is needed for the public safety and welfare. The number, spacing
and height of pole-mounted parking lot lighting shall be designed
to concentrate lighting where it is needed and to minimize ambient
night glow from the site. The standards contained in this chapter
shall be used to determine appropriate illumination levels for each
section of a planned development.
(9)
Utility installations. All utilities for planned developments
shall be installed underground at a depth and at such location as
will minimize risk or interruption of services. All utilities shall
be installed in accordance with the applicable ordinances, regulations
and standards of any federal, state or local governmental agency,
authority or utility unless otherwise authorized by the regulating
entity.
(10)
Traffic and economic impacts. Applicants of all planned developments shall submit the following in addition to the environmental impact analysis required in § 215-83C of this chapter.
(a)
A thorough and detailed traffic engineering
impact analysis to determine the adequacy of existing streets and
intersections in the immediate vicinity of the planned development
and the effect of the additional traffic on the environs and surrounding
areas.
(b)
A comprehensive fiscal impact analysis.
C.
Additional requirements for planned commercial and
industrial developments.
(1)
Design guidelines.
(a)
Buildings shall be designed in accordance with
an architectural theme, including signage which is coordinated with
site lighting, street furniture, landscaping, architectural project
identity features and other appurtenances in order to create a sense
of place.
(b)
Loading areas and docks should be designed into
building corners or otherwise be located so as to be at least partially
hidden from view.
(c)
Each facade shall be finished with compatible
materials and design treatments.
(d)
Smaller support businesses and services should
either be incorporated within the ground floor of office buildings
or designed to front along connecting interior roads where short-term
street parking is permitted in front of businesses without precluding
necessary access by emergency vehicles.
(e)
Buildings should be arranged to enable and encourage
pedestrian movement between uses and buildings. The site plan should
include a pedestrian and bicycle pathway plan, inclusive of paved
crosswalks with appropriate signage.
(f)
Open space within office or industrial developments
shall include sitting and outdoor eating areas. Provision for active
and passive recreational facilities is encouraged.
(2)
Signage. Each application for development approval
of a planned commercial development or planned industrial development
shall include a comprehensive signage and graphics plan. The signage
plan shall comply with the following requirements:
(a)
Freestanding site identification signs. Freestanding
signs shall be subject to the height and size limitations in Table
3 below. All freestanding signs shall be either of monument or skirted
pylon design with individual external illumination or internally illuminated
channelized letters and shall be designed to match the architectural
theme of the buildings within the planned development. Sign size or
area shall be calculated from the outermost dimensions of the support
structure, excluding architectural detailing, structural bases and
supports, as illustrated in Figure 4. Height shall be measured from
the averaged finish grade at the base of the sign to the top of the
sign structure.
(b)
Freestanding off-lot hotel identification signs
(i.e., a freestanding hotel identification sign within the planned
development but not on the hotel lot itself). Freestanding off-lot
hotel identification sign shall be subject to the same regulations
as freestanding site signs and shall be subject to the height and
size limitations for a collector street as stated in Table 3 below.
The Township may approve a Ewing Township sign within the planned
development which is not subject to the regulations of this subsection.
The sign area of a Township sign shall not be included in the total
sign area allocated for the development
(c)
Development project signs. Development project
signs located on a collector, arterial or state highway may follow
the limitations of the state highway designation, per Table 3. Such
development signs may consist of two separate paired signs along the
same entry. The aggregate square feet of the paired signs shall not
surpass the limitations for those of a single sign. The paired signs
should relate to each other architecturally, graphically and refer
to the same project identity.
Table 3
Height and Size Limitations for Freestanding
Project Identification Signs
| ||||||
---|---|---|---|---|---|---|
Number Permitted
|
Maximum Height with Adjacent or Opposite
Residential
(feet)
|
Maximum Size with Adjacent or Opposite
Residential
(square feet)
|
Maximum Height without Adjacent or Opposite
Residential
(feet)
|
Maximum Size without Adjacent or Opposite
Residential
(square feet)
| ||
I-95 Interstate highway
|
1 per 1,000 feet frontage
|
N/A
|
N/A
|
30
|
250
| |
State highway
|
1 per access drive when at least 200 feet apart
|
10 monument only
|
50
|
10 monument only
|
60
| |
Arterial street
|
1 per access drive when at least 200 feet apart
|
10 monument only
|
50
|
10 monument only
|
60
| |
Collector street
|
1 per building
|
10 monument only
|
50
|
10 monument only
|
60
| |
Local street or interior access roads
|
Entrance/ exit
|
3
|
4
|
3
|
4
|
(d)
Freestanding building identification signs.
Building identification signage on internal streets within a planned
development shall be subject to the location and size limitations
of Table 4. All signage shall be of internally backlit channelized
letters. Sign size or area shall be calculated from the outermost
limits of the text graphics.
(e)
Facade signs. A facade sign is one which is located on or attached to the facade of a building. On buildings three stories and taller such signage shall not exceed an aggregate area of 180 square feet, with the maximum of three signs on a single building. Any one sign cannot exceed 60 square feet and six feet in height. On buildings two stories and shorter, refer to the requirements of the zoning district as specified in § 215-37P(6). Street numbers located on each building shall not be counted against the calculated area of the facade signs.
Table 4
Building Identification Signs for Planned
Commercial/Industrial Developments
| |||
---|---|---|---|
Number Permitted
|
Maximum Size
|
Maximum Height
| |
Freestanding building (primary) identification,
facing interior street
|
Not to exceed 1 per building
|
21 square feet
|
10 feet
|
Building (secondary) identification, at driveway
entrance to buildings
|
1 per main public business entrance; 1 per secondary
entrance driveway, not to exceed 3 per building
|
11 square feet at main driveway, 8 square feet
at secondary driveway
|
8 feet at main driveway, 4 feet at secondary
driveway
|
(f)
Directional signs. Directional signs shall be
permitted in accordance with the following:
[1]
Access directional signs. Directional signs
indicating the path of motorists and pedestrians from the access points
from public streets into and out of a site. These signs are limited
to four square feet in area and five feet six inches in height. Traffic
directional signs, fire lane and similar signage may be provided as
part of a comprehensive signage plan and included as part of the directional
sign category.
[2]
Internal directional signs. Directional signs
indicating internal circulation on large sites with two or more separate
buildings. Such directional signage may contain identification or
informational messages useful to guide employees and visitors from
one building to another and may be up to 18 square feet in area and
eight feet in height, but must be no closer than 50 feet from the
tract perimeter.
(g)
Flagpoles. Each building shall be allowed a
maximum of three flagpoles not to exceed 40 feet in height, which
may be illuminated.
(3)
Findings for planned developments. Prior to approval
of any planned development, the Planning Board shall find, as required
by N.J.S.A. 40:55D-45, the following facts and conclusions:
(a)
That the departures by the proposed development
from zoning regulations otherwise applicable to the subject property
conform to the zoning standards applicable to the planned development.
(b)
That the proposals for maintenance and conservation
of the common open space are reliable and the amount, location and
purpose of the common open space are adequate.
(c)
That provision 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 proposed development which contemplates
construction over a period of years, that 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.
[Added 8-13-2013 by Ord. No. 13-32; amended 11-10-2020 by Ord. No.
20-22]
A.
Responsibilities of the applicant.
(1)
The applicant shall be registered with the Township Health Department
to operate an outdoor cafe. If applicable, approval from the New Jersey
Alcoholic Beverage Control Commission (ABC) shall be required.
(2)
The applicant shall obtain zoning approval through submission of
the following documents as summarized below and detailed further herein:
(3)
The applicant shall obtain any required building, fire, and electrical
permits where applicable herein.
B.
License required.
(1)
All restaurants that are permitted to be in business as such are
afforded the opportunity to obtain a license for outdoor seating.
(2)
No restaurant shall create, establish, operate, maintain or otherwise
be engaged in the business of conducting an outdoor seating area upon
any public right-of-way or private property within the Township of
Ewing without having first obtained a valid outdoor seating license
issued by the Zoning Official in accordance with the requirements
of this section.
(3)
An outdoor seating license is not transferable, and shall be valid
for the period of November 1 of the issuing year through October 31
of the following year. Licenses may be renewed annually by the filing
of an application in accordance with the provisions of this section.
(4)
The annual fee for an outdoor seating license shall be $50 payable
upon submission of an application for a license.
(5)
The Township of Ewing may temporarily suspend an outdoor seating
license if access to a public right-of-way is needed in connection
with public work to be performed in the area of the restaurant.
C.
General requirements.
(1)
The hours of operation of an outdoor seating area shall be limited
to the hours of operation of the associated restaurant or bar, but
in no event shall the hours of operation of an outdoor seating area
occur between 2:00 a.m. and 7:00 a.m. in commercial zones and 11:00
p.m. and 8:00 a.m. in residential zones with consideration being given
to noise levels where applicable.
(2)
All equipment used in the outdoor seating area, including but not
limited to tables, chairs, benches, umbrellas, and other materials
used in connection with the operation of the outdoor seating, shall
be:
(a)
Nonabsorbent, smooth, easily cleanable, of corrosive-resistant
material, and meet the requirements of N.J.A.C. 8:24-1.1, et seq.,
as amended and supplemented;
(b)
Readily movable, and not otherwise attached, chained or in any
manner affixed to any tree, post, sign, curb or public sidewalk, or
property of the Township;
(c)
Located in such a way as to not impede the safe and speedy ingress
and egress to or from any building or structure; and
(d)
Removed and stored away in a safe and secure location whenever
the outdoor seating area is located in a public right-of-way, and
the restaurant is not open for business and/or outside the hours of
operation permitted herein.
(3)
No food service equipment shall be stored in or permanently mounted
to any area of the outdoor seating area.
(4)
No food or beverage may be prepared or stored in the outdoor seating
area, or otherwise outside of the primary restaurant building, except
where authorized by a temporary use permit.
(5)
No outdoor loudspeaker or public address system, radio or similar
device shall be utilized to announce messages.
(6)
Any and all persons consuming food or beverages in the outdoor seating
area must be seated when consuming such food or beverages in the outdoor
seating area.
(7)
Any table service provided at the outdoor seating area shall be provided
by persons engaged or employed for that purpose and shall be furnished
to seated patrons only. Table service is not required, and restaurants
that do not provide table service may operate outdoor seating in which
patrons carry their food from inside the premises to tables located
in the outdoor seating area.
(8)
Each restaurant shall be responsible for keeping the outdoor seating
area and the adjacent public rights-of-way clean, free of litter and
food wastes, free of nuisances, and sanitary at all times. Areas must
be cleaned at the beginning of each business day, at closing time
and as often as needed so as to prevent unsanitary conditions.
(9)
Effective control measures shall be utilized to minimize, prevent
and eliminate the presence and entry of rodents, flies, cockroaches
and all other vermin in and into the outdoor seating area. The outdoor
seating area shall be kept in such condition so as to prevent the
breeding, harborage or feeding of all vermin.
(10)
Trash receptacles shall be provided by the restaurant as required
and approved by the Township. Public receptacles for garbage shall
not be used. If no table service is provided, the trash receptacles
shall include those needed for recycling.
(11)
The outdoor seating area shall comply with any applicable health
and safety laws, statutes, rules, regulations, directives, executive
orders, and local ordinances.
D.
Location and design requirements. An outdoor seating area authorized
and operating pursuant to this section shall comply with all of the
following requirements, and such others as may be adopted by ordinance
of the Township of Ewing:
(1)
Outdoor seating shall be permitted only in conjunction with, and
adjacent to, an established restaurant, and must be on property owned
or controlled and/or contiguous to the restaurant property. Restaurants
with existing outdoor cafes may seek to expand their existing outdoor
café/dining area.
(2)
Outdoor seating shall be operated and maintained in accordance with
an outdoor seating plan as finally approved, and by the same person
who operates and maintains the restaurant of which the outdoor seating
area is a part and extension.
(3)
The outdoor seating area shall be designed, established and maintained
in such a manner as to ensure the safety of the patrons of the restaurant,
pedestrians and motor vehicles, and necessary access for firefighting
equipment and ambulances or personnel. The placement of tables, chairs,
benches, equipment and other materials used in connection with the
operation of the outdoor seating in relation to any fire hydrant,
plug or standpipe permanent fixture shall be approved by specific
written authorization of the Fire Marshal based upon their review
of the outdoor seating plan.
(4)
Outdoor seating shall not exceed 15% of the legally approved indoor seating of the restaurant providing outdoor seating if parking capacity of the restaurant is impacted in any way. Exceptions may be made if the site is adequately parked in accordance with § 215-36, Off-street parking, loading and unloading requirements.
(5)
When an outdoor seating area is located in a parking lot, bollards
and/or other protection devices and structures shall be installed
along the perimeters of the outdoor seating area in order to enhance
public safety and include the following;
(a)
Traffic flow and protection therefrom must be addressed. All
driveway curb cuts impacted by the new outdoor area must be barricaded
to ensure the safety of patrons.
(b)
Restaurants must ensure continued access to and availability
of adequate parking stalls in the opinion of the Township Zoning Official.
In general, one parking stall must be provided for every two seats
provided, plus restaurant staff.
(6)
In the case of an outdoor seating area that is located on property
containing multiple tenants or occupants, such outdoor seating area
shall not be permitted to be located in front of, on the side of,
and/or to the rear of any other establishment, store, office, business
or other rentable space on the same property without written approval
by the landlord with consent of the other tenants of the property.
(7)
Landscaping of the perimeter of or within the outdoor seating area
is encouraged to be designed in concert with the aesthetic of the
overall property it is situated within.
(8)
At least four feet of unobstructed walkway shall be provided for
access from any door or opening on the primary restaurant building
to the street, and around or through the outdoor seating area. Such
width may be adjusted by the appropriate authority to reflect special
circumstances.
(9)
Awnings may be used in conjunction with outdoor seating. Awnings
shall be adequately secured and retractable, and supporting structure
must be attached to the primary building and may not be set on the
ground. Awnings located in or over a public right-of-way must be removed
and stored away in a safe and secure location whenever the restaurant
is not open for business and/or outside the hours of operation permitted
herein.
(10)
Tents may be used in conjunction with outdoor seating, provided
they meet the following standards:
(a)
All tents should be tied down and anchored in accordance with
manufacturers recommendations.
(b)
Tents are permitted only between March 1 and November 1, unless
a building permit is filed to ensure potential for snow loads are
met.
(c)
Fire extinguishers must be visibly installed and easily accessible.
(d)
No fixed walls may be permanently installed within or around
the tent, and any nonpermanent enclosure installed must allow passage
through in case of emergency if hung in case of inclement weather.
(e)
Tents located in a public right-of-way must be removed and stored
away in a safe and secure location whenever the restaurant is not
open for business and/or outside the hours of operation permitted
herein.
(g)
Tents over 16,800 square feet in size shall require a building
permit.
(h)
Tents affixed to the principal structure shall require a building
permit
(11)
No signs shall be permitted in the area of the outdoor cafe
except for signs complying with the sign ordinance of the Township.
Additionally, outdoor cafes only may have an A-frame or menu board
sign professionally designed.
(12)
Adequate lighting shall be provided for any outdoor seating
area proposed to be utilized after dusk, to promote the safe passage
of pedestrians and for patrons. Such provisions may require an electrical
permit.
(13)
Heating and cooling may be provided for any outdoor seating
area to promote a comfortable dining experience. Such provisions may
require an electrical and/or fire permit.
(14)
Proper mitigation measures shall be applied to eliminate potential
negative impacts related to glare, light, loitering, and noise, which
shall be kept at such a level as to comply with the following:
(a)
Sound and music above 50 dbh is prohibited within the outdoor
dining area within 200 feet of a residential use or zone measured
from the edge of the dining area to the lot line of the residential
use or zone. A decibel reader must be installed so as to read noise
levels at the property line. Amplified sound is strictly prohibited
within a residential zone and/or within 200 feet of a residential
property.
(b)
Separation by a physical barrier may be required to protect
the public with the design to be approved by the appropriate authority.
(c)
A sound-buffering acoustic wall may be required along property
lines adjacent to the outdoor dining area, especially adjacent to
residential areas. The design and height of the wall shall be approved
by the appropriate authority in consultation with its professionals.
(15)
The Zoning Official shall have the discretion to create additional
standards for a particular property and to fashion such conditions
as may be necessary to further the purposes of the Township Zoning
Ordinance and as well as the goals and objectives of the Township's
Master Plan.
E.
Alcoholic beverages.
(1)
The consumption of alcoholic beverages in outdoor seating areas will
continue to be regulated by the New Jersey Alcoholic Beverage Control
Commission (ABC).
(2)
The area upon which outdoor seating has been authorized to operate
pursuant to this section shall constitute premises duly licensed for
the sale and consumption of alcoholic beverages provided that the
related restaurant of which the outdoor seating is a part and extension
is so licensed, and provided further that specific approval has been
obtained from the New Jersey ABC and the Township of Ewing for the
extension of the alcoholic beverage consumption license to the outdoor
seating area. Such approval shall be separate from, and must be obtained
in addition to, the license to operate an outdoor seating area pursuant
to this section.
(3)
A restaurant that does not possess a liquor license, or does have
approval for the ex-tension of its alcoholic beverage consumption
license to the outdoor seating area, may permit its patrons to consume
only beer or wine, which is brought to the premises, by its patrons,
consistent with N.J.S.A. 2C:33-27.
F.
Applications.
(1)
Outdoor seating will not require the filing of a site plan application,
however, prior to the provision of any outdoor seating, a restaurant
must obtain a valid outdoor seating license issued by the Zoning Official
in accordance with the requirements of this section.
(2)
Each applicant for an outdoor seating license shall submit and file an application with the Zoning Official, together with three copies of an outdoor seating plan, as defined below, proof of insurance, as required pursuant to § 215-30G(1), and the appropriate license fee, as required pursuant to § 215-30B(4). The application shall set forth:
(a)
The name and address of the applicant;
(b)
The name and address of the owner of the primary building (if
other than the applicant); and
(c)
The name and address of the person who has prepared the outdoor
seating plan; and shall be accompanied by the written authorization
and approval of the owner of the primary building (if other than the
applicant).
(3)
The outdoor seating plan shall include the following information
(and such other additional information, if any, as may be deemed necessary
and subsequently requested by the Zoning Official):
(a)
A description of the principal building and all properties immediately
adjacent to such building, including names and addresses of the adjacent
property owners.
(b)
A written description and drawing presented at scale of the
proposed design and location of the outdoor seating area and its dimensions,
including setbacks, buildings, parking, access, safety measures, and
all temporary structures, equipment and apparatus to be used in connection
with its operation, including tables, chairs, benches, planters, awnings,
lighting and electrical outlets (if any), provisions for the storage
of such structures, equipment and apparatus, and the location of any
fire hydrant, plug or standpipe, utility pole, parking meter, or other
permanent fixture between the primary building and the curb, including
a clear indication of the presence of the required pedestrian passageway.
The drawing shall be superimposed upon an existing site plan drawing
or survey.
(c)
A statement of the proposed seating capacity and hours of operation
of the outdoor seating area.
(4)
Inspections to ensure the safety of the outdoor seating area will
be conducted.
(5)
The Zoning Official shall approve or disapprove an application within
30 days after the filing of the application.
G.
Additional requirements.
(1)
Insurance. No outdoor seating license shall be issued unless the
licensee shall have first filed with the Zoning Official a copy of
an insurance policy or certificate of insurance, issued by a company
duly authorized to transact business under the laws of the State of
New Jersey, providing for the payment of not less than $1,000,000
to satisfy all claims for damage by reason of bodily injuries to,
or the death of, any person as a direct or indirect result of the
operation of the outdoor seating or for any injury to any person occurring
on the premises occupied by such outdoor seating and further providing
for the payment of not less than $100,000 to satisfy all claims for
property damage occurring as a direct or indirect result of the operation
of such outdoor seating and naming the Township of Ewing as an additional
insured.
(2)
Indemnification. No outdoor seating license shall be issued unless
the licensee shall have first executed and filed with the Zoning Official
an indemnification agreement pursuant to which the licensee, in further
consideration of the issuance of the license, shall agree to forever
defend, protect, indemnify and save harmless the Township of Ewing,
its officers, agents and employees from and against any and all claims,
causes of action, injuries, losses, damages, expenses, fees and costs
arising out of, or which may arise out of, the licensee's operation
of such outdoor seating.
(3)
Maintenance. No outdoor seating license shall be issued unless the
licensee shall have first executed and filed with the Zoning Official
a maintenance agreement pursuant to which the licensee, in further
consideration of the issuance of the license, shall agree, at the
option of the Township of Ewing to either repair, at its sole cost
and expense, any damage caused to a sidewalk or public right-of-way
by the operation of the outdoor seating, or to reimburse the Township
in full for all costs and expenses incurred by it in making any such
repairs.
H.
Revocation of license; appeal.
(1)
Upon a determination by the Zoning Official that a licensee has violated
one or more of the provisions of this section, the Zoning Official
shall give written notice to the licensee to correct such violation
within 24 hours of the receipt of such notice by the licensee. In
the event that the licensee fails or refuses to correct such violation
within such period, the licensee's outside seating license shall thereupon
be revoked.
(2)
Any person aggrieved by any action of the Zoning Official, in the
denial or revocation of an outside seating license, shall have the
right to appeal to the Township Council. The appeal shall be taken
by filing with the Municipal Clerk, within 30 days after the notice
of the action complained of has been served personally upon the licensee,
or mailed, postage prepaid, to the licensee at the address given by
the licensee in making application, a written statement setting forth
fully the grounds for appeal. The Municipal Clerk shall set a time
and place of hearing for the appeal within 14 days from the date of
the request, at which time the Township Council shall conduct a hearing
and affirm, modify or reverse the action appealed from.
(3)
If any license has been revoked as provided herein, the licensee
shall be ineligible to receive an outdoor seating license for one
year following the revocation. If any licensee has had its license
revoked on two occasions, that licensee shall be ineligible for any
outdoor seating license permanently.
[Added 6-9-2015 by Ord.
No. 15-17; amended 10-11-2016 by Ord. No. 16-14]
The Town Center Zone is developed to supplement the Township's
redevelopment efforts of the former General Motors and Naval Warfare
Center sites and support transit-oriented development. Where subject
to the requirements of a redevelopment plan developed under the local
redevelopment and housing law, this zone will remain underlying, and
as such, is superseded by the redevelopment plan.
A.
Permitted principal uses.
(1)
Restaurant, bar or other similar establishment serving food or beverages.
New drive-through services may be considered upon strict condition.
[Amended 6-29-2021 by Ord. No. 21-09]
(2)
Professional office in accordance with the principal and accessory
use regulations of the PRO- Professional Research Office Zone.
(3)
Retail goods and services in accordance with the principal and accessory
use regulations of the BN- Neighborhood Business Zone (With exception
to single-family housing). New drive-through services are prohibited.
(4)
Office in accordance with the principal and accessory use regulations
of the OP3-Office Park-3 Zone.
(5)
Hotels.
(6)
Mixed-use and combination of two or more permitted uses within one
building or property.
[Amended 6-29-2021 by Ord. No. 21-09]
(7)
Uses existing as of the date of adoption of this amendment may be
permitted to expand upon review and approval of site plan and design
standards.[1]
[1]
Editor's Note: Former Subsection A(8), regarding existing
gasoline service stations, which immediately followed this subsection,
was repealed 6-29-2021 by Ord. No. 21-09.
B.
Permitted accessory buildings and uses.
(1)
Off-street parking facilities, including parking garages, charging
stations, and refuse collection structures.
(4)
Signs as regulated by ordinance.
(5)
Satellite communications dish receiving antennas, provided the dish
antenna does not exceed 15 feet in diameter, is not located in a front
yard, conforms to the rear and side yard requirements for a principal
building and does not exceed five feet in height. Microwave antennas
or facilities are not permitted as an accessory use.
(7)
Solar
energy systems on rooftops.
[Added 9-12-2017 by Ord.
No. 17-23]
C.
Conditional uses.
(1)
Residential mixed-use in accordance with the requirements of § 215-35C(15)/commercial
rooming structures.
[Amended 8-14-2018 by Ord. No. 18-20]
(2)
Expansion and retrofitting of existing shopping centers in accordance with the requirements of § 215-35C(13).
(3)
Multipurpose fueling stations/convenience stores in accordance with the requirements of § 215-35C(14).
(4)
Residential multifamily in accordance with the requirements of § 215-35C(16).
(5)
Solar
energy systems.
[Added 9-12-2017 by Ord.
No. 17-23]
(6)
Flex
commercial/industrial in accordance with the requirements of the Parkway
Avenue Redevelopment Plan.
[Added 6-29-2021 by Ord. No. 21-09]
D.
Bulk requirements.
(1)
Principal building.
(a)
Lot area, corner lot: 22,500 square feet minimum.
(b)
Lot area, interior lot: 20,000 square feet minimum.
(c)
Lot width, corner lot: 150 feet minimum.
(d)
Lot width, interior lot: 100 feet minimum.
(e)
Front yard: 15 feet minimum; 65 feet maximum. All street frontages
shall be considered a front yard as well as those yards fronting main
access drives into a development.
(f)
Side yard, each: 12 feet minimum.
(g)
Rear yard: 12 feet minimum.
(h)
Height: Unless additional regulations are imposed by the FAA. (See also Subsection E(12) below).
[1]
Stand alone pad site retail, restaurants: 1 1/2 stories;
20 feet minimum.
[2]
Mixed-use, retail, multifamily residential, office: 2 1/2
stories minimum; five story maximum (~75 feet) with exception to architectural
considerations which may reach six stories, but for no more than 25%
of the frontage of a typical block width (generally 200 feet). Varied
heights, undulations, and facade projections within the block's design
along the frontage is mandatory. Additionally:
[Amended 6-29-2021 by Ord. No. 21-09]
[a]
Minimum heights along Parkway Avenue shall be 1 1/2
stories with three stories minimum being the ideal scale at points
of key visual interest (corners and sight-lines).
[b]
All heights above three stories, unless otherwise
specified in each zoning district sections, shall use design techniques
that enhance a small town appeal, such as, but not exclusively, stepbacks,
architectural widths no greater then 140 feet wide, etc.
[c]
The following shall be considered roof appurtenances
and may penetrate the maximum height limit by no more than 25 feet
so long as, in the aggregate, the appurtenances do not occupy more
than 10% of the topmost roof:
[i]
Chimneys and flues.
[ii]
Elevator or stair bulkheads, water tanks and mechanical
equipment (such as air conditioning condensers).
[iii]
Parapets, cornices and other decorative architectural
elements will not count toward roof coverage so long as they are not
higher than five feet above the roof slab.
[d]
The Zoning Board of Adjustment may modify the height
regulations set forth in this section for any development pursuant
to the requirements and limitations of the MLUL in the course of site
plan review. As a condition for such modification, the Board shall
find that:
[i]
The design standards of the zone are met to the
extent necessary and feasible.
[ii]
The project is providing additional, or improving
existing, open space or public gathering spaces.
[iii]
The project provides adequate access to open
spaces, community facilities as well as light and air to surrounding
streets and properties.
[e]
Development proposed adjacent to existing residential
neighborhoods must be designed to that height and scale, and architectural
considerations are carefully considered so as to minimize the impact.
The Board may also prescribe appropriate conditions and safeguards
to protect and minimize any adverse effects on the surrounding community,
but heights adjacent to neighborhoods shall not exceed 3 1/2
stories. Conditions and safeguards shall include:
[Amended 6-29-2021 by Ord. No. 21-09]
[i]
Building step-backs after two stories, with additional step-backs
as warranted.
(2)
Accessory building.
E.
General requirements.
(1)
All buildings and uses shall be served by public water and sewage.
(2)
Separation of parking from public streets. Along each street line,
as defined, bounding the district, an additional minimum seven-foot
landscaped strip shall be provided for the first row of parking proposed;
10 feet shall be provided for two rows. An additional five feet shall
be provided for each row of parking proposed in addition to the first
two rows. Such strip shall be suitably landscaped to work with, and
in addition to, the landscape requirements for streetscapes and accessways.
The landscaped strip shall be separated from the parking area by continuous
concrete curbing except at accessways designed for pedestrian access
to the public right-of-way.
(3)
Screening or buffer strip. Along each side and rear property line
which adjoins a land use where screening or buffer strip is warranted,
such as a residential development locating next to an existing commercial/industrial
land use, both within the Township or similarly in an adjoining municipality,
a screen or buffer planting strip shall consist of massed evergreens
and shrubs of such species and size to produce an effective screen
at the time of the initial installation. The screen or buffer strip
shall be landscaped in accordance with a plan acceptable to the Planning
Board. The width of the planted screen may vary depending on the ability
to carry out the intent of this section, but generally 20 feet is
typical. It shall be the responsibility of the applicant to implement,
maintain, and replace as is required to obtain the effect intended
by the original approval.
(4)
Landscaping. Those portions of all yards not used for parking, loading,
circulation, unloading and service shall be planted and maintained
at all times. Design shall be in accordance with the Township's Landscape
Ordinance. Open grass detention basins are discouraged and the design
of any stormwater facility shall become an integral part of the project's
design.
(5)
Entrances and exits. All entrances and exits upon a public street
shall not be located within 100 feet of any major street intersection
(county routes) and 50 feet from any local street; the distance is
to be measured from the intersection of the right-of-way lines at
the corner affected and the closest point of such proposed driveway.
No entrance or exit, at the curbline only, shall be closer than five
feet from a side lot line. Entrance and exit sizes, locations and
construction shall also be in accordance with requirements of the
governmental agency having jurisdiction over the facility upon which
the permitted use has frontage. All traffic improvements must be designed
to minimize the impact on the neighborhood. The Board may require
mitigation of potential impacts including limiting access onto certain
local roadways, raised intersection improvements, and redirecting
traffic patterns such as working with the Township to cul-de-sac Railroad
Avenue at Parkway Avenue, Silvia Street, and West Upper Ferry Road.
[Amended 6-29-2021 by Ord. No. 21-09]
(6)
Loading docks and service areas. Loading docks and service areas
may not be situated along any street frontage. Provision for handling
all heavy freight shall be on those sides of any building which does
not face any street or proposed streets. Garage and overhead doors
are permitted and shall be incorporated into the design of the building.
(7)
Outdoor storage areas. No use or accessory use shall be constructed
to permit the keeping of articles, equipment, goods or materials in
the open, exposed to public view, adjacent residences or a residential
district. When necessary to store or keep such materials in the open,
the area shall be fenced and a buffer planting strip situated along
a public street screening the view from the public.
(8)
Child-care center. Where a child-care center is developed within
a nonresidential building, the floor area occupied by the center shall
not be included in the calculation of permitted density of development
or in the calculation of any parking requirement for that building
or lot.
(9)
Innovative stormwater treatment and storage is encouraged. Above
ground detention is discouraged and not permitted along any street
frontage. Aboveground facilities may be located along secondary streets
so long as they are landscaped naturally as bioretention facilities,
public spaces, wetlands, or the like. All detention plans must be
submitted as part of a project's comprehensive Landscape Plan submitted
to the Board for approval.
(10)
Development shall provide convenient linkages between existing
mass transportation transfer points and pick-up points that are within
a five-minute walking distance from all residential units, or 1,500
feet. Bus facilities (stops and bus lanes, etc.), as appropriate,
shall be incorporated as part of the design considerations to ensure
convenient access to said facility. Final review and design of all
facilities shall belong to the Township in consultation with the appropriate
operators.
(11)
Pedestrian access. Pedestrian access shall be provided between
streets and related intersections and the development. For blocks
or building fronts greater than 200 feet, a separate pedestrian access
point shall be provided. Pedestrian access points shall be coordinated
with and between on-site traffic circulation patterns, parking, and
building access.
(12)
Design standards.
(a)
Design goals for all projects.
[1]
Buildings should be designed and sited to provide visual interest
and create enjoyable human-scaled spaces.
[2]
Designs for proposed buildings should recognize, in form and
proportion, surrounding and neighborhood buildings in the general
vicinity and adjacent zoning.
[3]
Building designers should strive for creativity in form and
space wherever contrast and variety are appropriate to the larger
aesthetic the Township seeks to create.
[4]
All street frontages shall be treated architecturally as if
the front.
[5]
Establishment of a street network and driveway configurations
through cross-access easements and shared driveways to enhance pedestrian
and bicycle access to:
(b)
Design guidelines for all building types.
[1]
Proportion. A development's buildings should be designed so
as to relate to the proportions of architectural forms, planes, and
details within the existing physical context of the site. Proportions
are the ratios established by the length, width, and height and may
exist as planar or volumetric measurements. Doors, windows, stairs,
porches, pediments, architraves, roof shapes, and entire facades are
frequently used as the elements that create proportion.
[2]
Horizontal building elements. Buildings shall be designed with
a base, middle, and top facade.
[3]
Scale. Designs should incorporate architectural elements that
give scale, or a sense of scale to buildings, scale being the relationship
of a person and surrounding neighborhood to a building. The context
by which the project resides within must be a consideration as well.
[Amended 6-29-2021 by Ord. No. 21-09]
[4]
Entrances. Entrances should clearly identify important access
points, provide an introductory architectural statement to the building
and be landscaped in a fashion complementary to the architectural
elements of the entranceway.
[5]
Building elevation. All elevations of a building's exterior
should be coordinated with regard to color, materials, architectural
form and detailing.
[6]
Facade treatment. The number of different materials on exterior
facades should be limited to three types.
[7]
Windows, with exception to those in offices, should be primarily
doublehung sash types with a glass area divided by horizontal and
vertical muntins.
[8]
Color and texture. The color and texture of a building aids
in the expression of scale, location of entrances and provides architectural
unity to the building. Offsets in walls and building masses should
be used to create visual interest in simple buildings.
[9]
Roof design guidelines.
[a]
Roof shape, color, and texture should be coordinated
with the exterior materials of the building's facade.
[b]
Roof design should minimize the negative impact
of roof protrusions by grouping plumbing vents, ducts, and other utility
structures together in the area of the roof at the rear of the building,
away from the streetline.
[c]
All rooftop mechanical and electrical equipment,
including elevator penthouses, shall be screened from the view of
persons at ground level by a parapet wall, within the roof structure
itself, or removal to a screened ground level structure.
[d]
Buildings under 6,000 gross square feet in footprint
should be designed with a pitched roof such as a gable, hip, or gambrel
not less than four inches in rise for every 12 inches in run.
(c)
Design guidelines for professional office. The following additional
design standards for professional offices shall apply:
[1]
Parking lots shall be primarily oriented to the side and rear
of the building line established by the front wall of the building.
A maximum of 10% of the project's parking requirement may be satisfied
with parking in the front yard.
[2]
Dormers, parapets, and/or cornice trim should be used to visually
break up large roof masses.
[3]
Exterior materials should be brick, stone, horizontal siding
or wood shingle, or a combination of such materials.
[4]
A pedestrian circulation plan shall be provided.
(d)
Retail and commercial design standards (including restaurants).
The following additional design standards for retail uses shall apply:
[1]
Retail stores oriented towards a street shall have a minimum
of 50% of the first floor building facade consisting of glass display
windows.
[2]
Building entrances should be oriented towards the street.
[3]
Common concrete block shall not be used on any elevation visible
from a public street. Where permitted, common concrete block shall
be painted or otherwise finished.
[4]
A pedestrian circulation plan shall be provided.
(e)
Streetscape. All streetscapes shall be designed to present a
uniform look in the TC Zone. The landscaping standards shall be applied
to all projects. A minimum fifteen-foot sidewalk easement shall be
required for all projects consisting of:
[1]
Three-foot landing zone: brick.
[2]
Seven-foot sidewalk along Parkway Avenue; five-foot sidewalk
along Silvia Street and internal walkways: concrete.
[3]
Planting strip/landscape easement, seven-foot minimum in accordance
with Township standards. Alternatives may be considered by the Planning
Board.
[a]
London Plane trees shall be planted 30 feet on-center
along Parkway Avenue.
[b]
Honey Locust shall be planted 30 feet on-center
along Silvia Street.
[c]
All other streets, per consultation with the Township's species
recommendations located in the Landscaping and Tree Preservation Ordinances.
[Added 6-29-2021 by Ord. No. 21-09]
A.
.Purpose and scope. The purpose of this section is
to set forth the requirements and procedures applicable to conditional
uses in accordance with N.J.S.A. 40:55D-67. A conditional use shall
not be approved on any site unless the use is specifically permitted
as a conditional use in the zone for which it is proposed.
B.
Guiding principles. In making its decision on an application
for a conditional use, the Board shall take no action which will be
detrimental to the public welfare or which will substantially impair
the intent or purpose of this chapter. The Board may attach such terms
and conditions to an approval of such application if, in its judgment,
it will preserve such public welfare or such intent or purpose, and
shall be guided by the following principles:
[Amended by Ord. No. 97-12]
(1)
The proposed use will not be detrimental to the character
of the neighborhood.
(2)
The proposed use does not affect adversely the general
plans for the physical development of the Township, as embodied in
this chapter and in any Master Plan or portion thereof.
(3)
The proposed use will not be detrimental to the use
or development of adjacent properties or the general neighborhood.
(4)
The proposed use will not be affected adversely by
the existing uses.
(5)
With regard to the requirements for the siting of
wireless (radio, television and cellular telecommunications) towers
and facilities, it is the express objective of this paragraph to provide
reasonable opportunities for the siting of such facilities in the
various commercial and industrial zones throughout the Township of
Ewing without adversely impacting the visual quality and character
of the Township's diverse residential neighborhoods. The specific
site standards provided herein are designed to enable unobstructed
access to the airwaves while using vertical elements, such as trees
and buildings, to provide "angles of occlusion" that completely or
partially block or screen views of a freestanding tower from residential
uses and zones depending on the viewing distance and relative elevations.
C.
Specific requirements. Anything in this chapter to
the contrary notwithstanding, the Planning Board shall not approve
an application for a conditional use approval unless the requirements
for the particular use as set forth below shall have been met.
(1)
Public and private schools.
(a)
The minimum lot size shall be 40,000 square
feet.
(b)
The maximum floor area ratio shall be 20%.
(c)
The maximum lot coverage shall be 20% for buildings
and 40% for total hard surface coverage.
(d)
There should be no parking in the front yard
setback area nor within 20 feet of any property line.
(e)
No building shall be located within 50 feet
of a street right-of-way line nor within 30 feet of a side or rear
property line.
(f)
No active recreation area shall be located within
30 feet of a property line nor within the front yard.
(3)
Restaurant, bar or other similar establishment serving
food or beverage. The following regulations shall not apply to those
establishments which are an integral part of a shopping center, department
store, office, research or industrial building but shall apply to
all other establishments.
(a)
General conditions. Food and beverages must
be consumed either within the enclosed structure or at a place other
than the premises on which the structure is situated.
(b)
Lot area. The minimum lot area shall be 30,000
square feet.
(c)
Lot width. The minimum lot width at the front
building line and along all streets shall be 150 feet.
(d)
Front yard. The minimum front yard along all
streets shall be in compliance with front yard requirements of the
district in which the use is to be located.
(e)
Side yard. There shall be two side yards no
less than 100 feet in aggregate width, and neither yard less than
50 feet in width.
(f)
Rear yard. There shall be a rear yard with a
depth of not less than 50 feet.
(g)
Height regulations. No principal building shall
exceed a height of 35 feet, and no accessory building shall exceed
a height of 15 feet.
(h)
Sewage disposal and water supply. Each use shall
be served by a public sanitary sewage facility and a public water
supply system.
(i)
Landscaping along streets, roads or highways.
Each property shall be appropriately landscaped particularly along
its frontage upon a public street or road. Parking lots, loading and
unloading shall not be permitted in the area between the front building
line and the street line.
(j)
Screening or buffer. Along each side and rear
property line which adjoins a residential district, a screen or buffer
strip shall be provided consisting of massed evergreens and shrubs
of such species and size as will produce an effective screen at time
of planting. The screen or buffer strip shall be landscaped in accordance
with a plan acceptable to the Planning Board. The width of the planted
screen shall be five feet wide, and it shall be the responsibility
of the applicant to carry out this program and to promote such maintenance
and care as is required to obtain the effect intended by the original
plan. If in the opinion of the Planning Board a six-foot-high stockade-type
fence is warranted, the applicant shall install and maintain the fence
to the satisfaction of the Planning Board.
(k)
Landscaping. The portions of all yards not used
for parking, loading, unloading and service areas shall be planted
and maintained at all times.
(l)
Entrances and exits. All entrances and exits
upon a public street or road shall not be located within 75 feet of
any street intersection of the right-of-way lines at the corner affected
and the closest point of such proposed driveway. No entrance or exit,
at the curbline only, shall be closer than five feet from a side lot
line. Entrance and exit sizes, locations and construction shall also
be in accordance with requirements of the governmental agency having
jurisdiction over the facility upon which the permitted use has frontage.
(m)
Outdoor storage areas. No use or accessory use
shall be construed to permit the keeping of articles, goods or materials
in the open or exposed to public view, adjacent residences or a residential
district. When necessary to store or keep such materials in the open,
the area shall be fenced with a screen or buffer strip and be situated
not closer than 50 feet from a residential district line.
(4)
Shopping center.
(a)
Overall plan. The proposed development shall
comply with an overall plan, designed as a unified architectural scheme,
appropriately landscaped. Each enterprise shall be conducted within
an enclosed building.
(b)
Minimum lot area.
[Amended 2-8-2000 by Ord. No. 00-02]
[1]
The minimum lot area shall be as follows for
shopping centers:
[2]
The minimum lot area for a neighborhood shopping
center shall be at least three acres but no greater than five acres.
[3]
The minimum lot area for a community shopping
center shall be greater than five acres but fewer than 10 acres.
[4]
The minimum lot area for a regional shopping
center shall be greater than 10 acres.
(c)
Minimum lot width.
[Amended 2-8-2000 by Ord. No. 00-02]
[1]
The minimum lot width along all street frontage
shall be as follows:
[2]
The minimum lot width for a neighborhood shopping
center shall be 300 feet.
[3]
The minimum lot width for a community shopping
center shall be 500 feet.
[4]
The minimum lot width for a regional shopping
center shall be 750 feet.
(d)
Front yard. The minimum front yard along all
streets shall be 75 feet.
(e)
Side yard. The minimum side yard shall be 50
feet.
(f)
Rear yard. The minimum rear yard shall be 50
feet.
(g)
Lot coverage. The maximum lot coverage for all
buildings shall be 25%, and the maximum impervious surface coverage
shall be 75%.
(h)
Height regulations. No building or structure
shall exceed a height of 24 feet.
(i)
Minimum initial construction. No permit shall
be issued for less than 50% of the planned total complex except as
an addition to an existing shopping center, and no occupancy permit
shall be issued until such minimum construction has been completed
or reasonable assurance of completion is provided by the developer.
(j)
Spacing of buildings. All buildings shall be
arranged in a group or in groups, and the distance, at the closest
point, between any two buildings or groups of attached buildings shall
not be less than 15 feet, except if the space between buildings is
to be used for vehicular passageways, then the distance shall be increased
to 30 feet.
(k)
Roadside landscaping. Along each street line;
as defined, a twenty-five-foot strip shall be provided, suitably landscaped
except for necessary walks and accessways.
(l)
Screening or buffer strip. Along each side and
rear property line which adjoins a residential district in the Township
or a similar district in an adjoining municipality, a screen or buffer
planting strip shall be provided consisting of massed evergreens and
shrubs of such species and size as will produce an effective screen
at time of planting. Said screen or buffer strip shall be landscaped
in accordance with a plan acceptable to the Planning Board. The width
of the planted screen shall be a minimum of 25 feet, and it shall
be the responsibility of the applicant to carry out this program and
to promote such maintenance and care as is required to obtain the
effect intended by the original plan.
(m)
Landscaping in parking areas. Parking areas
shall include landscaped planted islands, consisting of "concrete"
curbs, at all ends of parking rows. In addition, in order to properly
channelize traffic, concrete curbing shall be required to adequately
define traffic and pedestrian movements. The channelization shall
be landscaped as required by the Planning Board.
(n)
Trash and garbage depots. Trash and garbage
deposits shall be suitably hidden from view of adjacent properties,
public roads and areas exposed to customers. The depots shall be designed
as an integral part of the complex, and landscaping shall be required.
(o)
Architectural treatment when adjacent to residences.
Architectural treatment of sides and rear exterior elevations shall
be executed in a manner satisfactory to the Planning Board.
(p)
Traffic control devices. If in the opinion of
the Planning Board traffic control devices such as signs, traffic
signals, acceleration and deceleration lanes, channelization systems,
etc. are required, it shall be the responsibility of the applicant
to install such devices in accordance with all necessary requirements
as may be set forth by whatever public agency has jurisdiction over
the abutting roadway.
(q)
Fire lanes. All fire lanes shall be clearly
defined and marked by signs, pavement marking or any other method
acceptable to the Township and its involved agencies or departments.
(r)
Loading docks and service areas. No loading
dock or service area may be on any street frontage. In addition, areas
provided for loading and unloading or servicing of establishments
or shops by refuse collections, fuel and other service vehicles shall
be arranged that they may be used without blocking or otherwise interfering
with the use of accessways or automobile parking facilities. The service
areas shall be located and designed in a manner which will not be
offensive to adjacent properties or residences and in complete accord
with requirements of the Planning Board.
(s)
Lighting. All site lighting shall be oriented
in such a manner as to not adversely affect adjacent properties or
residences and in complete accord with requirements of the Planning
Board.
(t)
Grading and drainage. No drainage shall be permitted
to flow onto adjacent properties. If connections to public drainage
systems are required, the connections shall be in accordance with
all requirements of the agency having jurisdiction of the system.
Written approval for these connections is mandatory. Grading shall
be done in a manner which will not adversely affect adjacent properties.
Grading and drainage shall be approved by the Township Engineer.
(5)
Radio, television or cellular telecommunications transmission or receiving towers. Radio or television or cellular telecommunications transmission or receiving towers and facilities (not including broadcasting studio or business office), operated under regulations of the Federal Communications Commission or the Telecommunications Act of 1996, are permitted by conditional use permit and major site plan approval in the nonresidential zoning districts as specified in §§ 215-20 through 215-27 of this chapter, after a public hearing notice in accordance with the Municipal Land Use Law, and in accordance with the following conditions:
(a)
A freestanding radio, television or cellular
telecommunications tower shall be located at a distance to any property
line of at least 1 1/2 times the height of the tower structure.
For the purposes of this section, the height of the tower structure
shall be the positive or negative difference between the average grade
elevation at each property line and the grade elevation at the base
of the tower plus the height of the tower inclusive of antennas. Where
the proposed tower structure is designed to collapse on itself rather
than fall in one piece, the Board may permit a distance to a property
line of not less than one time the height of the structure as provided
above. This section shall not be construed to permit a tower to be
located at a distance from any property line that is less than the
dimension from the base to the top of the tower structure inclusive
of antennas.
(b)
All cellular telecommunications towers shall
be of a monopole design, painted in earth-tone colors to a height
of 30 feet and sky blue above a height of 30 feet to blend into the
surrounding landscape.
(c)
The minimum lot size for the siting of a freestanding
cellular telecommunications tower shall be in accordance with the
following:
Tower Height
|
Minimum Lot Area
(acres)
| |
---|---|---|
100 feet or less
|
1
| |
Over 100 feet and under 200 feet
|
3
| |
Over 200 feet
|
9
|
(d)
Where the site proposed for a freestanding tower structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, large shade trees and/or existing and/or proposed buildings on the site shall be used to provide an angle of occlusion from the property line to the top of the structure of 50° or less (50° from the horizon line is the upper limit of the normal vertical cone of vision). To achieve the occlusion, a row of shade trees shall be preserved and/or planted pursuant to applicable provisions of § 215-73S, at 50% of the distance between the tower and the property line, and a second row at 90% of the distance between the tower and the property line. (See illustrations below.) Transplanted trees shall have a minimum caliper of three inches, be spaced on thirty-foot centers and have a typical height at maturity of at least 50 feet.
(e)
The co-location of a cellular antenna on an existing water tower, silo or equivalent vertical structure, including an existing radio or television tower, is permitted without the need to meet the conditions in Subsection C(5)(b), (c) and (d) above, provided that the height of the existing structure is not increased as a result of the attachment of the cellular structure. A decorative disguising structure such as a clock tower may also be approved as an alternative to conditions in Subsection C(5)(b), (c) and (d), at the discretion of the board of jurisdiction. If the height of the existing structure is to be increased by the attachment of the new structure, all of the conditions herein shall apply as to a new freestanding structure.
(f)
Towers to be sited on developed commercial or
industrial properties shall be located to the rear of other principal
buildings and shall not encroach on planting buffers, parking areas
or otherwise impair the operation of previously approved systems such
as stormwater drainage basins. Existing buildings and structures should
be used in the siting of freestanding towers to contribute to the
angle of occlusion as illustrated above.
(g)
Towers to be sited on undeveloped commercial or industrial properties shall apply the standards in Subsection C(5)(d) herein to all property lines, including the street line, except that a driveway shall be permitted to gain access to the facility for maintenance personnel and equipment.
(h)
Any building used as an accessory to the tower shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site and three adjacent off-street parking spaces shall be provided for service vehicles. All areas of the site that are not devoted to the tower, accessory building or paved areas and not part of the perimeter tree planting described in Subsection C(5)(d) above shall be naturalized and/or maintained as mowed turf. Any regrading for stormwater detention that is required by the Township Engineer shall be accommodated in this open area.
(i)
Independent freestanding facilities on separate sites shall include site lighting designed in conformance with § 215-56. Facilities sited on existing developed sites shall be incorporated into the lighting and landscaping plans of those sites.
(j)
As part of the requirement for visual occlusion,
the Board may require, on sites less than three acres, a six-foot
solid or semi-open decorative wood fence on any property line or front
setback line within a residential zone or abutting or on the opposite
side of the street from a residential zone or use permitted in a residential
zone. The area around the base of all towers and accessory buildings
shall be secured with a six-foot chain link fence, provided that razor
wire, barbed wire or equivalent measures intended to cause injury
shall be prohibited.
(k)
All towers shall comply with applicable airport
hazard regulations and shall be subject to approval from the Federal
Aviation Administration for location, height and lighting to prevent
interference with the operation of the Mercer-Trenton Airport or otherwise
threaten the public safety.
(l)
Upon cessation of use of the tower site for
the approved or preexisting conditional use, the tower structure and
antenna shall be removed within one year, subject to FCC concurrence.
In the case of a co-located antenna on preexisting vertical structures,
this provision shall apply to the antenna only.
(m)
The applicant will provide documentation that
the proposed wireless communications facility will have electromagnetic
emissions within the safety standards established by the American
National Standards Institute (ANSI C.95.1-1992), as amended, or any
superseding state or national standard in effect on the date the conditional
use permit application is submitted to the Board.
(6)
Cluster development.
(a)
General.
[1]
In the R-1 and R-2 residential zones, an applicant
for a major subdivision may apply to the Planning Board for a cluster
development. Such application, as proposed in a letter, shall be accompanied
by a sketch plat indicating in general the plan and the area to be
retained in open space or used for other municipal purposes.
[2]
If in the opinion of the Planning Board such
a development will assist in achieving the objectives of the Master
Plan, Official Map or other codes and ordinances, and the applicant
proposes that the open space shall be dedicated to the Township, then
the Planning Board shall request approval from the governing body
that the open space of land resulting from the application of cluster
development be accepted by the Township. If approval is not granted
within 60 days from the date of referral, the applicant may submit
a cluster plan providing only for ownership of common land in accordance
with the regular subdivision procedures as provided in this chapter.
(b)
Maximum number of lots. The maximum number of
lots to be permitted shall be arrived at by the applicant submitting
a sketch plat showing a conventional subdivision and meeting all design
criteria established in this chapter.
(c)
(d)
Location and use of dedicated lands. The Planning
Board shall have full authority to approve or disapprove the locations
and proposed uses of lands required to be dedicated in accordance
with the foregoing and as guided in its decisions by this section
and the following:
[1]
Lands required to be dedicated shall be so located
as to meet the needs of open spaces, parks, playgrounds, rights-of-way
protecting major streams or open drainageways, buffer areas and other
environmental criteria, or to provide additional neighborhood area
for recreational purposes or school purposes. The Planning Board shall
make certain that not only shall Township requirements be satisfied,
but that dedicated areas be so located as to meet any possible future
needs of the neighborhood or region.
[2]
The Planning Board shall have full discretion
as to the location and size of the various use need areas and their
distribution. The Planning Board shall not generally approve areas
of less than five acres except when such a site is considered adequate
for its specific use, and the Board shall make certain that a reasonable
portion of required dedicated area shall be located so as to specifically
serve the need of the development where located.
(e)
Disposition of dedicated areas.
[1]
Dedicated areas shall be deeded free and clear of all mortgages and encumbrances to the Township if the Township so indicates, as provided in § 215-35C(6)(a)[1] and [2] above.
[2]
Dedicated areas may be deeded free and clear of any encumbrances to a permanent property owners' association, cooperative or condominium corporation for its use, control and management for open space, recreational or agricultural use and providing appropriate restrictions to assure the effectuation of the purpose of this section and to provide for the maintenance and control of the area. The organization shall meet the standards of § 215-18I and N.J.S.A. 40:55D-43, to be written into the articles of incorporation and/or bylaws.[1]
[1]
Editor's Note: Original Subsection g, Group
homes; residences for developmentally disabled; and shelters, which
immediately followed this subsection, was repealed 2-27-2003 by Ord.
No. 03-07.
(7)
Accessory apartments. One accessory apartment unit
is permitted in a single-family home, provided the following conditions
are met:
[Amended by Ord. No. 1989-30; Ord. No. 97-12]
(a)
The primary residence shall have been substantially
completed at least five years prior to the date of application for
a permit.
(b)
During the duration of the permit:
[1]
The residence shall be owner-occupied;
[2]
At least one of the living units shall be occupied
by person(s) over the age of 60 or medically certified as physically
or mentally handicapped or incompetent, who is related by blood or
marriage to the owner;
[3]
No rent or any other type of fee may be imposed
or collected for either unit;
[4]
Adequate parking is provided;
[5]
No changes are made or to be made to the dwelling
exterior, and the dwelling must retain the appearance of a single-family
residence, and the building shall retain only one front entrance,
all others shall be in the rear;
[6]
The accessory apartment may not exceed a maximum
of 25% of the available living floor space;
[7]
The accessory apartment is largely self-contained
and is clearly a subordinate part of the dwelling;
[8]
The entire dwelling, primary and accessory,
must conform to all requirements of building, plumbing, electrical,
health, sanitary and fire codes.
[9]
The entire dwelling, primary and accessory must
have hard-wired smoke detectors; and
[10]
An access door shall be provided
between the principal dwelling unit and the accessory apartment unit.
(c)
All applications shall be signed by the property
owner and certify as to the names, ages and relationships of all persons
living in the dwelling and those who will reside there if the application
is granted, and shall be accompanied by detailed plans of the proposed
changes to the dwelling. Each applicant shall certify receipt of a
copy of this section and his understanding of its items and requirements.
(d)
Permits shall expire upon any violations of
the provisions of this section, cessation of such use for any amount
of time, or any transfer of title.
(8)
Home professional office/home occupation.
[Amended 2-8-2000 by Ord. No. 00-02]
(a)
A home occupation is an occupation conducted
on a full-time basis entirely within a detached, owner-occupied single-family
dwelling unit.
(b)
A home occupation shall be clearly incidental
and secondary to the use of the lot for residential purposes.
(c)
A home occupation shall be conducted solely
by the owner-occupants of the detached single-family dwelling; same
shall occupy the lesser of 25% or 450 square feet of the ground floor
of the dwelling, inclusive of storage space.
[1]
No display of products shall be visible from
the street;
[2]
The residential character of the lot and building
shall not be changed;
[3]
No occupational sounds shall be audible outside
the dwelling;
[4]
No equipment shall be used which will cause
interference with radio and television reception in neighboring residences;
[5]
Deliveries of products related to the home occupation
shall be limited to courier or other services typically provided to
residential neighborhoods, and deliveries by vehicles larger than
single body trucks shall be expressly prohibited;
[6]
The home occupation does not reduce the parking
or yard requirements of the detached dwelling;
[7]
Parking for not more than five vehicles, including
residential parking, shall be permitted and shall be screened from
the street and adjacent properties with hedging, evergreen trees or
fencing. For the purposes of this section private access driveway
or enclosed garages shall not be subject to the screening requirements;
and
[8]
There is no exterior evidence of the home occupation
or home professional office, except that a home professional office
may have a nonilluminated nameplate, not exceeding two square feet
in area, attached to a mailbox or mounted on a post within the front
yard of the premises.
(d)
The use of any dwelling by a resident who is
employed full-time elsewhere and who brings home work from that employer,
or who occasionally does additional work related to either his/her
primary profession, shall not be considered a home occupation subject
to the requirements of this section and is permitted as of right as
an accessory use.
(e)
Studios for karate or dance instruction, beauty
salons, the boarding or sale of animals, or similar activities that,
at the discretion of the Board, generate disruptive noise or activity
or which create a parking problem in the neighborhood are specifically
not permitted as home occupations.
(f)
Home occupations involving contractors in construction or other trades and related businesses, including but not limited to the following: plumbers, electricians, appliance repair, HVAC installation, carpet or commercial cleaning services, landscaping, courier service or any other similar or related trade or business may cause not more than one business-related vehicle to be parked in the private driveway of a single-family dwelling. Said vehicle shall not have a rated capacity exceeding 1 1/2 tons or 3,000 pounds and shall not have more than four wheels and shall comply with all other regulations as set forth in the general requirements for the R-1, R-2 and R-3 residential zones. No employees shall be permitted to report to the premises for any reason. No materials or equipment shall be loaded or unloaded from a contractor's vehicle. All other provisions of Subsection C(8)(c) of this section shall apply to the businesses described in this subsection.
(9)
Billboards; advertisements.
[Added 4-9-2013 by Ord. No. 13-13]
(a)
Industrial Park 1 Zone (IP-1).
(b)
Must be located along Interstate 95.
(c)
Must meet provisions of the Outdoor Advertising Regulations
published at N.J.A.C. 16:41C.
(d)
Must be no less than 1,000 feet from any advertisement structure
measured along the edge of pavement between points directly opposite
the edge of the sign face nearest the pavement edge and shall apply
only to billboards on the same side of the ROW.
(e)
Sign face may not exceed 675 square feet.
(f)
No new billboard may be taller than 45 feet tall measured from
average elevation of the adjacent roadway 500 feet upon approach of
the front side of the advertisement structure.
(g)
No billboard may present illicit or publicly offensive language
or displays.
(h)
Existing billboards may be permitted to switch over to digital display, provided it is not contradictory to other provisions within § 215-37 and that they stay within the existing area of the sign, provided that;
[1]
They are located along Interstate 95.
[2]
Illumination is concentrated on the surface of the billboard
and is located so as to avoid glare or reflection onto any portion
of an adjacent street or highway, the path of oncoming vehicles or
any adjacent premises.
[3]
Under no circumstances may any type of billboard contain a message
or display that appears to flash, undulate, pulse, move, or portray
explosions, fireworks, flashes of light, or blinking lights or otherwise
appears to move toward or away from the viewer, expand or contract,
bounce, rotate, spin, twist or make other comparable movements.
[4]
The display or message on a digital billboard, of any type,
may change no more frequently than once every eight seconds, with
a transition period of one second or less.
[5]
The display or message must otherwise comply with § 215-37G, and the digital billboard must have installed an ambient light monitor which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with terms of this chapter.
[6]
Maximum brightness levels for digital billboards shall not exceed 0.3 footcandle over ambient light levels measured within 250 feet of the sign. Certification must be provided to the Township demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Reinspection and recalibration shall be annually required by the Township, in its reasonable discretion, at the permittee's expense, to ensure that the specified brightness levels are maintained at all times. Billboards not located along Interstate 95 shall adhere to § 215-37G(5)(e).
(10)
Adult establishments, sexually-oriented businesses.
[Added 6-11-2013 by Ord. No. 13-18]
(a)
Is located in the OARP SA-3 Zone and only upon receipt of a
conditional use permit and provided that the following standards are
met together with any other applicable requirements of this chapter.
(b)
Establishment shall meet all the bulk requirements of said zone.
(c)
Establishment shall be owned and operated by a licensed, registered
operator and/or business where applicable by the appropriate authority.
(e)
No establishment of business with a use encompassing those encaptioned
above shall be located closer than 1,500 feet to any public/private
school or established day-care center connected by physical road and/or
pedestrian pathway measured property line to property line.
(f)
No establishment or business with a use encompassing those encaptioned
above shall be located closer than 500 feet to one another measured
property line to property line.
(g)
No establishment or business with a use encompassing those encaptioned
above shall be located closer than 1,000 feet measured property line
to property line to an area zoned for residential use if physical
road and/or pedestrian pathway exists or 500 feet if no connection
exists or is proposed.
(h)
When any existing building is converted from any use to one
of those listed above under those encaptioned above, then, in that
event, a full and complete site plan shall be submitted and reviewed
in accordance with the provisions of this chapter. Said submission
shall include:
[1]
Details of the business, included on the site plan submission.
Renderings and/or photo sims as to the appearance must also be submitted
to the Board for review.
[a]
Hours of operation. To be open no later than 10:00
p.m.
[b]
Meets all Township noise requirements.
[c]
Propose window treatments to impede the view of
the interior of the premises in which the business is located.
[d]
Provide internal decor, layout, and display/merchandising
areas.
[e]
Testimony on the practice of operation.
[f]
Private rooms not permitted.
[2]
Meets all parking and circulation requirements of the zone and
that particular use.
[3]
Meets all landscaping requirements of the zone and that particular
use. Every sexually oriented business shall be surrounded by a perimeter
buffer sufficient in width with plantings, fence, or other physical
divider along the outside of the perimeter sufficient to impede the
view of the interior of the premises in which the business is located.
[4]
Meet all signage requirements. No off-site signage permitted.
(i)
This subsection shall not apply to a sexually oriented business
already lawfully operating on the effective date of this section where
another sexually oriented business, an elementary or secondary school
or school bus stop or any municipal or county playground or place
of public resort and recreation or any hospital or any child-care
center, is subsequently established within 1,500 feet or a residential
district or residential lot is subsequently established within 1,000
feet.
(11)
Body painting studios, body piercing, head shop, and tattoo
businesses.
[Added 6-11-2013 by Ord. No. 13-18]
(a)
Is located in the BH, OARP SA-1, OARP SA-2, and OARP SA-4 Zones
and only upon receipt of a conditional use permit and provided that
the following standards are met together with any other applicable
requirements of this chapter.
(b)
Establishment shall meet all the bulk requirements of said zone.
(c)
Establishment shall be owned and operated by a licensed, registered
operator and/or business where applicable by the authority.
(e)
No establishment or business with a use encompassing those encaptioned
above shall be located closer than 1,500 feet to any public/private
school measured property line to property line.
(f)
No establishment or business with a use encompassing those encaptioned
above shall be located closer than 500 feet to one another and no
closer than 1,500 feet from the same use measured property line to
property line.
(g)
When any existing building is converted from any use to one
of those listed above under those encaptioned above, then, in that
event, a full and complete site plan shall be submitted and reviewed
in accordance with the provisions of this chapter. Said submission
shall include:
[1]
Details of the business, included on the site plan submission.
Renderings and/or photo sims as to the appearance must also be submitted
to the Board for review.
[a]
Window treatments and all proposed signage.
[b]
Lobby entry and receptionist area.
[c]
Internal decor, layout and display/merchandising
areas.
[d]
Business practice.
[i]
Policies must include:
[A]
Health and safety provisions.
[B]
Coordination with the Police Department on gang-related
activities.
[C]
Policies relating to minor must include proof of
parent and physical presence upon appointment.
[D]
Policy on initial consultation and provisions to
allow "cooling off" period.
[E]
For those businesses devoted to art, the space
shall be configured work as an artist studio.
[2]
Meets all parking and circulation requirements of the zone and
that particular use.
[3]
Meets all landscaping requirements of the zone and that particular
use.
(12)
Pawnshops, check cashing, secondhand-goods dealers, and bail
bonds.
[Added 6-11-2013 by Ord. No. 13-18]
(a)
Is located in the BH, OARP SA-1, OARP SA-2, or OARP SA-4 Zones
and only upon receipt of a conditional use permit and provided that
the following standards are met together with any other applicable
requirements of this chapter.
(b)
Establishment shall meet all the bulk requirements of said zone.
(c)
Establishment shall be owned and operated by a licensed, registered
operator and/or business where applicable by the appropriate authority.
(e)
Pawnshops and bail bonds shall not be located closer than 1,500
feet to any public/private school measured property line to property
line.
(f)
No establishment or business with a use encompassing those encaptioned
above shall be located closer than 500 feet to one another and no
closer than 1,500 feet to the same use measured property line to property
line.
(g)
When any existing building is converted from any use to one
of those listed above under those encaptioned above, then, in that
event, a full and complete site plan shall be submitted and reviewed
in accordance with the provisions of this chapter. Said submission
shall include:
[1]
[2]
Meets all parking and circulation requirements of the zone and
that particular use.
[3]
Meets all landscaping requirements of the zone and that particular
use.
(13)
Expansion and retrofitting of existing shopping centers in the
TC Zone.
[Added 6-9-2015 by Ord.
No. 15-17; 10-11-2016 by Ord. No. 16-14]
(a)
New buildings should relate to and be oriented toward the street
upon which it fronts and be at least 1 1/2 to 2 1/2 stories
in height with active uses or in architectural treatments.
[Amended 6-29-2021 by Ord. No. 21-09]
(b)
Apartment and/or office uses above the first floor are encouraged.
(c)
Sidewalk and streetscape standards shall be met.
(d)
Pedestrian pathways shall be established from any rear parking
lot to the street sidewalk system in the front and side(s) of a building
(if applicable) and shall be a minimum of five feet wide.
(e)
First and second or higher floors should be separated by means
of belt or string courses, pent roofs, awnings, porte-cocheres or
similar architectural elements.
(f)
Retail stores oriented towards a street or a pedestrian walkway
connecting to other adjacent lots shall have a minimum of 50% of the
first floor building facade consist of glass display windows. No more
than six inear feet out of each 25 feet shall be permitted to be blank
wall.
(g)
Exterior building materials should primarily be brick, wood
siding, wood shingle, or stucco.
(h)
The primary entrance to a building should be accessed directly
from a public street with secondary access oriented towards parking
lots.
(i)
Entrances to apartments on upper floors should be oriented towards
associated parking.
(j)
Shared parking facilities/garages are encouraged.
(k)
Locations for the parking of bicycles shall be provided.
(l)
Drive-through services are prohibited.
(m)
New fast food establishments are prohibited.
(n)
Landscaping requirements are met unless site constraints require
deviation.
(o)
Sign regulations are met. No pylons of any type are permitted,
nor is expansion of existing pylons that may be grandfathered. The
Board may entertain an increase in size depending upon site context
and community character.
(p)
All stores which have shopping carts shall employ a system that
ensures, to the extent practical, the immediate return of said carts,
such as a monetized system.
(14)
Multipurpose fueling stations.
[Added 6-9-2015 by Ord.
No. 15-17]
(a)
Site shall be a minimum of four acres in size.
(b)
Site shall be located on the corner of two streets.
(c)
Site plan must be fully integrated with all adjacent properties
and their associated uses in; building orientation, layout, and access
both pedestrian and vehicular. Cross access easements shall be required
in order to minimize curb cuts and promote efficiencies in parking
lot design.
(d)
Plan must include a mix of uses, including convenience retail
in conjunction with the fueling station.
(e)
Other retail not included in conjunction with the fueling station
must be part of the overall plan, including office, restaurant, or
mixed-use buildings.
(f)
No automotive services of any kind may be conducted on site
(no lube, repairs, mechanics, technicians, etc.).
(g)
No heavy diesel fuel is permitted. Sale of diesel fuel to passenger
and commercial vehicles, including light trucks and vans, fueling
with low-volume nozzles, is permitted.
(h)
No propane services are permitted.
(i)
No truck stops designed to fuel high volumes of tractor-trailers
are permitted.
(j)
No equipment, material, vehicle storage, and overnight parking
is permitted. Only employee parking of those working overnight shifts
if applicable are permitted.
(k)
Canopies must be designed as part of the overall architecture
and site design. Specifically, A-frame canopies, whereby the pitch
and materials (roofing, trusses, pillars and posts, and any applicable
signage) work together as part of the same design vocabulary, are
required. No flat roof designs are permitted.
(l)
Setbacks. Fueling station canopies are permitted to be considered
part of the principle use.
[1]
When placed in front of the convenience retail, such canopy
must be buffered from the street frontage by 30 feet not including
streetscape requirements.
[2]
The distance between canopy edge and convenience retail cannot
be any further than 65 feet.
[3]
The Convenience retail setback when canopy is not in front of
it remains at 85 feet.
(15)
Residential mixed-use housing/commercial rooming structures.
[Added 6-9-2015 by Ord.
No. 15-17; amended 8-14-2018 by Ord. No. 18-20]
(a)
Ground floor retail/commercial is mandatory along street frontages
of Parkway Avenue, Railroad Avenue, Scotch Road, and Silvia Street
(north of CSX spur). Additionally:
[Amended 6-29-2021 by Ord. No. 21-09]
[2]
Residential uses are not permitted on the same floor with nonresidential
uses, other than shared ground floor lobby space.
[3]
Residential is not permitted on the ground floor of structures
located along major street frontages.
[4]
Residential uses must have access that is separate and secure.
[5]
Commercial rooming structures shall be designed as a single
housekeeping unit.
[6]
No parking may be located under a structure unless fully lined by
active uses along street frontages and key entry points.
(b)
Architecture must present a significant presence along major
street frontages while maintaining consistency with the standards
set forth in the Parkway Avenue Redevelopment Plan. Blank street walls
are prohibited.
(c)
One row of surface parking is permitted within the front yard area for use by commercial tenants only and must be landscaped in full accordance with § 215-37; otherwise, parking is prohibited in the front yard area for residential use. Additionally:
[Amended 6-29-2021 by Ord. No. 21-09]
[1]
Parking is encouraged to be designed to limit the amount of setback
a building is then necessary to be placed to accommodate it in the
front yard.
[2]
Parking is prohibited in the front yard area along Parkway Avenue.
[3]
Parking is prohibited to be located in the front yard for residential
use.
[4]
Large parking facilities are prohibited in the front yard area or
abutting a residential zone and/or residential use.
[5]
On-street parking is encouraged where appropriate and may not count
toward the overall parking requirements for the project per the Board's
review and professional analysis so long as it solely for the benefit
of the commercial component of the project.
(d)
Other nonresidential and/or public uses may be contained within
mixed-use buildings, such as:
[1]
Retail, restaurant, or high volume public activities such as
a post office.
[2]
Entertainment venues such as theaters, museums, and galleries.
[3]
Other permitted nonresidential uses in the zone.
[4]
Office, research and development, or similar commercial.
[5]
Hotel, including health club, restaurant or other hotel-related
use is permitted.
(e)
Residential buildings shall meet the design standard criteria in § 215-31E; except height is limited to three-and-one-half stories for structures containing commercial rooming units.
(f)
All developments shall create walking and bicycling opportunities
connecting both on-site and off-site amenities, including but not
limited to the following:
(g)
Stormwater management shall be integrated within the landscape
design of the site. Grass detention basins are discouraged unless
designed to become an integral part of the on-site amenities, such
as a play area during dry days. Rain gardens, naturalized retention
basins, and wetland creation are preferred.
(h)
Bicycle storage amenities shall be provided on-site. Whether
internal or external, such amenities shall be sheltered and organized
within the design scheme of the development.
(i)
[2]Parking requirements as set forth in § 215-36. In addition, commercial rooming structures must provide on-site parking:
[1]
One parking space per bedroom.
[2]
One and twenty-five hundredths parking spaces per bedroom suite.
[2]
Editor's Note: Former Subsection C(15)(i), regarding parking
in front yard areas, was repealed 6-29-2021 by Ord. No. 21-09.
This ordinance also provided for the redesignation of former Subsection
C(15)(j) as Subsection C(15)(i).
(16)
Residential multifamily housing.
[Added 10-11-2016 by Ord.
No. 16-14]
(a)
Residential multifamily housing shall comply with the bulk requirements set forth in § 215-31D for principal buildings.
(b)
Architecture must present a significant presence along major
street frontages and between structures within the same complex or
adjacent residential development. In addition, the following requirements
shall be met:
[1]
No residential building may front directly on Parkway Avenue,
or those streets that serve public facilities or key economic assets,
such as, but not limited to the West Trenton Train Station, and commercial
areas along Sullivan Way, Silvia Street, and Scotch Road, unless positioned
above commercial within a mixed-use structure.
[Amended 6-29-2021 by Ord. No. 21-09]
[3]
Blank street-walls are prohibited.
(c)
All developments shall create walking and bicycling paths that
connect both on-site and off-site amenities, including but not limited
to the following:
(d)
Stormwater management shall be integrated within the landscape
design of the site. Grass detention basins are discouraged unless
designed to become an integral part of the on-site amenities, such
as a play area during dry days. Rain gardens, naturalized retention
basins, and wetland creation are preferred.
(e)
Bicycle storage amenities shall be provided on-site. Whether
internal or external, such amenities shall be sheltered and organized
within the design scheme of the development.
(17)
Solar energy systems.
[Added 9-12-2017 by Ord.
No. 17-23]
(a)
Generally.
[1]
Abandonment. A solar energy facility that is out-of-service
or not functional for a continuous eighteen-month period will be deemed
to have been abandoned.
[a]
The Township may issue a notice of abandonment
to the owner of a solar energy facility that is deemed to have been
abandoned. The notice shall be sent return receipt requested.
[b]
The owner shall have the right to respond to the
notice of abandonment within 30 days from the notice receipt date.
[c]
If the owner provides information that demonstrates
the solar energy facility has not been abandoned, the Township shall
withdraw the notice of abandonment and notify the owner that the notice
has been withdrawn.
[d]
If the Township determines that the solar energy
facility has been abandoned, the owner of the solar energy facility
shall remove the solar energy facility and properly dispose of the
components at the owner's sole expense within six months after the
owner receives the notice of abandonment or six months following the
appeal by the owner, whichever is longer.
[e]
In the event that the owner fails to remove the
solar energy facility, the Township and/or its employees and/or contractors
may enter the property to remove the solar energy facility (but shall
not be obligated to remove same) and in the event that the Township
performs the removal, all costs of such removal shall be reimbursed
to the Township by the owner. In the event the owner fails to reimburse
the Township, the Township may place a lien on the property in the
amount of the costs of said removal and, in the event that the Township
incurs any additional costs in enforcing the lien and/or collecting
the money owed, the owner shall be obligated to reimburse the Township
for the additional costs and expenses, including reasonable attorney's
fees.
[2]
All applications for a solar or photovoltaic systems or facility
as a principal and accessory use shall be accompanied by a decommissioning
plan to be implemented upon abandonment in conjunction with removal
of solar energy facilities. Before beginning any decommissioning activities,
the applicant must submit a performance bond in a form and amount
satisfactory to the Township, which shall be based upon an estimate
approved by the Township Engineer assuring the availability of adequate
funds to restore the site to a useful nonhazardous condition in accordance
with the decommissioning plan. Single-family homeowners are exempt
from the need to obtain a bond for roof-mounted systems. Notwithstanding
the differing needs between roof- and ground-mount systems, the decommissioning
plan shall include the following provisions where applicable:
[a]
Full restoration of the roof and the associated
materials designed to cover it (i.e., shingles, membranes, etc.).
[b]
Removal of all electric components associated with
the systems.
[c]
Restore the surface grade and soil after removal
of aboveground structures and equipment when applicable.
[d]
Restore soil areas with native seed mixes, agricultural
crops and/or plant species suitable to the area and which do not include
any invasive species.
[e]
The plan may provide for restoration of agricultural
crops or forest resource land.
[f]
The plan may provide for the retention of access
roads, fences, gates, buildings and buffer plantings at the discretion
of the Township.
(b)
Siting preferences.
[1]
Where a solar facility is sited, as well as placement on the
site once selected, is an important consideration, particularly in
regard to large-scale ground-mounted facilities. The Township strongly
discourages locations that result in significant loss of land and
natural resources, including farm and forest land, and encourages
rooftop siting, over-surface and structured parking lot facilities,
as well as locations in industrial and commercial districts, or on
vacant, disturbed land. Tree cutting above 100 square feet is prohibited
given the important water management, cooling, and climate benefits
trees provide.
[2]
In residential zones that permit solar energy systems, and those zones which are adjoining residential, design integration is mandatory in order to protect the quality of life in residential districts where they would be visible or accessible from adjacent residential areas and to protect surrounding properties from contact or glare and to mitigate the negative visual impact of ground-mounted facilities from adjacent residential areas. Stand-alone freestanding or ground-mounted arrays are discouraged unless over parking lots. Solar energy systems on residential properties are generally intended to produce energy for use primarily on site, and shall not be installed or allowed to operate as a commercial enterprise with the intent to sell excess energy. Excess energy is that energy produced beyond the annual average energy residential use. Notwithstanding, small-scale ground-mounted solar energy systems may be permitted but only on site where proper screening can be accomplished as described in Subsection C(17)(d)[7] below, and whereby the residents in that immediate neighborhood are potentially the beneficiaries of the system.
[3]
Farm and large properties of five acres or more, rooftop application
are preferable. If roof space is inadequate, nonproductive farmland
and parking lot facilities are preferred. No freestanding or ground-mounted
large-scale solar energy system will be permitted.
(c)
Permitting and approvals.
[1]
All systems require zoning permits and appropriate construction permits. Site plan approval may not be necessary as long as they meet accessory use standards, including size and preferred locational requirements of the appropriate zone as well as the applicable conditional use standards set forth in § 215-35C(17);
[2]
Any solar or photovoltaic energy generating facility mounted
to a structure above a surface parking area or a roof shall be deemed
an accessory use in commercial zones and must adhere to all applicable
building setbacks unless they are integrated within the overall site
plan and part of the principle structure as in the case of roof-mounts
or photovoltaic paneling.
[3]
Solar and photovoltaic facilities shall not be counted in the
calculation of maximum impervious cover unless the area under the
panels (excluding any footings) consists of an impervious material.
The design of the facilities shall comply with all NJDEP and Township
stormwater, grading and soil disturbance regulations, whichever is
more restrictive.
[4]
Residential roof-mounted systems not requiring tree removal
permitted in all zoning districts subject to the following conditions.
[a]
Building permits shall be required for installation
of all rooftop and building-mounted solar collectors.
[b]
Height limitations of the zoning district shall
not be applicable provided that the structures are necessary to accomplish
the purpose for which they are intended to serve, but not more than
10% of the total permitted height of the zone, and that such structures
do not obstruct solar access to neighboring properties.
[5]
All freestanding solar energy systems require site plan review.
Energy collectors must be fully integrated into the site by utilizing
site design techniques and architectural integration (e.g., trellis,
decking, canopies, fencing, or any other technologies as they become
available).
[6]
Ground-mounted facilities shall be situated so as to obscure
views of the said facility generally from public roadways, existing
residences not located on site, from neighboring undeveloped residentially
zoned property by preserving and utilizing visual barriers including,
but not limited to, buildings, trees, hedgerows, natural topography,
fences, and combinations thereof to the maximum extent possible, in
addition to visual screening described elsewhere in this section and/or
combinations thereof. Those systems integrated within the overall
site design, such as over parking facilities, are not required to
be screened per se. "Reasonable view" as applied to solar systems
is primarily from the ground and general public view, although design
efforts should be made to ensure residential views from multistoried
structures is considered.
[7]
Building-integrated photovoltaic (BIPV) systems: BIPV systems
are permitted outright in all zoning districts.
[a]
Commercial roof-mount systems not exceeding 10
feet in height above the permitted height within the zone, including
parking garages.
[b]
Commercial and industrial ground-mounted systems
located above a parking facility not fronting a street so long as
the site's parking requirements remain met. Existing parking facilities
are except from this requirement.
[c]
Commercial and residential systems combined architecturally
as a cohesive presentation.
[d]
All other systems require site plan approval.
(d)
Conditional use requirements for all zones where permitted by
condition:
[1]
Building permits are required for the installation of all solar
systems.
[2]
All solar energy system installations must be performed by a
qualified solar installer and the installations must conform to the
New Jersey Uniform Construction Code (UCC) that is in effect at the
time of the installation. Homeowners may install their own systems
where applicable under the UCC.
[3]
All electrical and control equipment shall be labeled and secured
to prevent unauthorized access.
[4]
Transmission wires shall be underground and otherwise concealed
where feasible.
[5]
Sound levels from the energy facility shall not exceed the ambient
sound level at the property line prior to construction of the facility.
[6]
The location of the solar energy system meets all applicable
setback requirements for accessory structures in the zoning district
in which it is located, including height at maximum tilt.
[7]
Freestanding solar energy system energy collectors shall be
integrated fully into the design of a site by utilizing design techniques
and architectural integration (e.g., trellis, decking, canopies, fencing,
or any other technologies as they become available). Landscaping,
earth berms, and/or combination of various methods of screening which
harmonize with the character of the property and surrounding area
will be required to be an effective visual barrier at the time of
installation.
[8]
Solar energy systems and equipment shall be permitted only if
they are determined to not present any unreasonable safety risks,
including, but not limited to, the following:
[9]
As a condition of site plan approval, the applicant and/or landowner shall agree to allow entry to remove an abandoned or decommissioned installation upon vacation per § 215-35C(17)(a).
[10]
Site plan must include:
[a]
System components: The plan must include documentation
of the major system components to be used; for example, the panels,
mounting system, and inverter.
[b]
The distance between the proposed solar collector
installations and all property lines and existing on-site buildings
and structures.
[c]
The tallest finished height of the solar collector.
[d]
Proposed changes to the landscape of the site,
grading, vegetation clearing and planting, exterior lighting, screening
vegetation or structures. Materials, quantities, schedule, and planting
details.
(18)
Cannabis businesses. As set forth herein, cannabis businesses shall
be permitted as conditional uses in certain zones. The purpose of
this section is to set forth the requirements and procedures applicable
to permitting certain cannabis businesses as conditional uses, in
accordance with N.J.S.A. 40:55D-67. Such uses may be permitted when
authorized as a conditional use by the Planning Board, including site
plan approval and (if necessary) a conditional use variance approval
by the Zoning Board pursuant to N.J.S.A. 40:55D-70(d)(3). Cannabis
businesses shall comply with additional requirements set forth herein.
Nothing herein shall prohibit the Township from adopting a redevelopment
plan permitting any type of cannabis business in a designated redevelopment
area.
[Added 8-10-2021 by Ord. No. 21-16]
(a)
Cannabis dispensaries/retailers.
[1]
Cannabis dispensaries shall be permitted as a conditional use in
the following zones which shall be subject to Cannabis Business Overlay
Map, in accordance with this chapter:
[a]
Olden Avenue Redevelopment Plan. Subareas;
[i]
SA-1 (Olden Avenue, Pennington Road, Parkside Avenue).
[ii]
SA-2 (Olden Avenue, Prospect Street).
[iii]
SA-3 (Spruce Street).
[iv]
SA-4 (Arctic, Spruce Street, Olden Avenue and Princeton Avenue).
[v]
SA-5 (Olden Avenue and Princeton).
[vi]
SA-6 (Olden Avenue).
[vii]
SA-7b (Calhoun Street).
[viii]
SA-8 (Arctic Parkway).
[c]
Business Highway-BH (Scotch Road).
[d]
Town Center-TC (Scotch Road, Parkway Avenue).
[2]
Cannabis dispensaries are permitted subject to the following criteria:
[a]
Adherence to all site design standards of the Township Land
Development Ordinances and relevant redevelopment plans through a
review by the Zoning Official, and the Township Planning Board.
[b]
Location of the business on a property with street frontage
where retail is prevalent and not within office buildings.
[c]
Issuance of a Ewing Township cannabis business license.
[d]
Site plan approval.
[e]
Where a cannabis dispensary is under consideration:
[i]
Location outside a a drug-free school zone and at least 1,500
feet from another cannabis dispensary.
[ii]
Limitation on the hours of operation of from 8:00 a.m. to 10:00
p.m., Monday to Sunday, or as otherwise provided for within a special
use permit.
[iii]
May include the sale of useable cannabis-related
products in accordance with state regulations.
(b)
Alternative treatment centers, medical cannabis dispensaries, cannabis
testing facilities, and academic medical center.
[2]
ATCs and medical cannabis dispensaries are permitted subject to the
following criteria:
[a]
Adherence to the site design standards of the Township Land
Development Ordinances through a review by the Zoning Official, and
the Township Planning Board when applicable, is required.
[b]
Issuance of Ewing Township cannabis business license.
[c]
Site plan approval is required.
[d]
ATCs/medical dispensaries may be permitted within a drug-free
school zone but not immediately adjacent or within site lines from
the school entrance and play areas. If placed within said area, signage
which advertises the business and/or directs the public toward the
business and/or promotes consumption of cannabis products is prohibited.
The dispensary must only be devoted to health and wellness of those
seeking alternative remedies.
[e]
Medical dispensaries and academic medical centers may only sell
useable cannabis-related product to individuals with an active MMP
identification card or caregiver identification card.
[f]
Medical dispensaries may not participate in adult-use (21 years
or older) sales unless specifically authorized in this chapter.
(c)
Cannabis cultivation centers, manufacturing, delivery services, cannabis
testing facilities, academic medical center, and cannabis training
facility.
[1]
Standalone facilities centers shall be permitted as conditional uses
in the following zones in accordance with this chapter.
[2]
Such facilities shall be permitted subject to the following criteria:
[a]
Adherence to the site design standards of the Township Land
Development Ordinances through a review by the Zoning Official, and
the Township Planning Board, is required.
[b]
Issuance of Ewing Township cannabis business license.
[c]
Site plan approval is required.
[d]
Cultivation centers shall not be located immediately adjacent
to school property used for school purposes where children are present.
[e]
Standalone cultivation centers and manufacturing facilities
are not permitted along major frontages of North Olden Avenue, Prospect
Street, Spruce Street, Arctic Parkway, Pennington Road, Parkside Avenue,
Calhoun Street/Princeton Avenue within these zones unless accompanied
by a retail dispensary or other active retail along the street frontage.
Such standalone facilities may be permitted if set back off these
roadways and screened by active retail uses.
[f]
Secured in accordance with all applicable provisions as defined in the Adult Use Act and outlined in Subsection C(18)(g) below.
[g]
No signage other than directional or discrete building identification
found shall be permitted. Signage shall remain innocuous and part
of the general directional signage typically found in industrial manufacturing
facilities. Facade signs will be limited to those at the point of
entry to the facility and may not be more than six square feet.
[h]
Unusual odors, smells, fragrances or other olfactory stimulants
shall be prohibited. Odor mitigation filtration systems must be installed
and maintained in perfect working order at all times.
[i]
Light pollution, glare or brightness resulting from glow lamps
must be 0.5 candle or less at the property line.
[j]
Noise beyond the decibel level permitted by Township noise ordinances
shall be prohibited.
(d)
Standalone distribution and warehousing facilities. Standalone cultivation
and manufacturing facilities shall be permitted to be located within
the following zones in accordance with this chapter and the redevelopment
plans where applicable. For all properties, adherence to the site
design standards of the Township Land Development Ordinances and redevelopment
plans through a review by the Zoning Official, Ewing Township Redevelopment
Agency, and the Township Planning Board where applicable, is required.
Issuance of zoning permit and site plan approval may be required for
sites out of compliance with the provisions set forth herein. Zones
permitted include:
[1]
Industrial Park-1 (IP-1).
(e)
Microbusinesses. Microbusinesses are permitted as conditional uses
within any area where cannabis businesses are permitted within the
Township according to their use category (i.e., dispensary, cultivation,
or manufacturing). Microbusiness may also be located on the same premises
as a full licensee as long as training, business incubators, and/or
mentorship is being conducted. Certified copies of such agreements
between entities shall be required.
(f)
Properties in industrial use that were within the Industrial Park 1 (IP1) zone prior to adoption of the Parkway Avenue Redevelopment Plan, or granted a variance to be an industrial use prior to 2012 may be afforded the same conditional use rights as outlined in § 215-35C(18)(c) so long as they can comply with the bulk standards of IP1 zone as well as the conditions set forth therein. Section 215-35C(18)(d), Standalone distribution and warehousing, are excluded from this provision.
(g)
Additional requirements applicable to all cannabis businesses.
[1]
Samples of cannabis products offered for sale may be displayed on
shelves, counters and display cases. All bulk cannabis products shall
be locked within a separate vault or safe, with no other items in
the safe, securely fastened to a wall or floor, as coordinated with
the Ewing Township Police Department and allowable under permitting
authority regulations and state legislation.
[2]
Dispensaries may sell "cannabis paraphernalia" as that term is defined in this section to registered qualifying patients only and shall be exempt from the prohibitions contained in other sections of Chapter 215 of the Land Development Ordinance.
[3]
Signage.
[a]
External signage, including window signage, must be limited
to text identifying the business and the logo for the business, provided
that said logo does not include a cannabis plant leaf and/or outward
glorification of cannabis consumption, in graphic or verbiage, where
applicable.
[b]
All other Township sign regulations must be complied with.
[4]
Outside generators and other mechanical equipment used for any kind
of power supply, cooling or ventilation shall be enclosed and have
appropriate baffles, mufflers, and/or other noise reduction systems
to mitigate noise pollution.
[5]
Parking shall be provided as provided below in accordance with § 215-36, Off-street parking, loading and unloading requirements:
[a]
Parking for dispensaries shall be provided for the same as required
for commercial, retail or personal service establishments.
[b]
Parking for cultivation, manufacturing, distribution, and wholesale
facilities shall be provided for as industrial or manufacturing establishments.
[c]
Parking for cannabis testing facilities shall be provided for
as research or laboratory use.
(h)
In the event of a conflict between the Township bulk standards and
the Act or the permitting authority’s regulations, the Township
shall consider the pertinent statute or regulation as justification
of any variance and/or design waiver.
(19)
Smoke shop, tobacco shop.
[Added 10-25-2022 by Ord. No. 22-17]
(a)
Subject to annual licensing through the Township Clerk's
Office.
(b)
Is located in the B-H, OARP-1, OARP-2, OARP-3 or OARP-4 Zone
where retail is permitted within said zone, and only upon receipt
of a conditional use permit, provided that the following standards
are met together with any other applicable requirements of this chapter.
(c)
Establishment shall meet all the bulk requirements, including
parking, landscaping and signage of said zone. No grandfathered signage
of any type.
(d)
Establishment shall be owned and operated by a licensed, registered
operator and/or business where applicable by the authority.
(e)
No two businesses offering the same uses identified in Subsection C(19) of this section shall be located within the same structure or property.
(f)
No establishment or business with a use encompassing those encaptioned
above shall be located closer than 1,000 feet from similar uses, including
state-licensed cannabis retailers, measured property line to property
line.
(g)
No establishment or business with a use encompassing those encaptioned
above shall be located closer than 1,000 feet to any public/private
school measured property line to property line.
(h)
When any existing structure is converted from any use to one
of those listed above under those encaptioned above, then, in that
event, a full and complete site or plot plan shall be submitted and
reviewed in accordance with the provisions of this chapter by the
Zoning Officer. The Site Review Committee may be utilized to determine
if Board approval and/or variances are necessary. Said submission
shall include:
[1]
Details of the business, included on the site plan submission.
Renderings and/or photo sims as to the appearance must also be submitted
for review.
[2]
Meets all parking and circulation requirements of the zone and
that particular retail use. The parking requirements apply to storefront
and the shopping center seeking to occupy space within.
[3]
Meets all landscaping requirements of the zone and that particular
use.
[4]
Meets all signage requirements of the zone and that particular
use. No signage may outwardly convey imagery of goods and services
sold inside, including but not limited to bongs, bowls, hookahs, tobacco
brands, and cannabis leaf.
(20)
Ancillary sale, smoking paraphernalia and tobacco-related products.
[Added 10-25-2022 by Ord. No. 22-17]
(a)
Is located within an approved tobacco store, convenience retail
establishment, grocery store, minimart, supermarket, or multipurpose
fueling station, or gasoline service station.
(b)
Subject to annual licensing through the Township Clerk's
Office.
(c)
Limited to less than 5% of gross floor area or 200 square feet.
(Note: Every one linear foot of wall area shall be counted as 10 square
feet.)
(d)
No establishment or business with a use encompassing those encaptioned
above shall be located closer than 1,000 feet to any public/private
school measured property line to property line.
(e)
No establishment or business with a use encompassing those encaptioned
above shall be located closer than 1,000 feet from the similar uses,
including state-licensed cannabis retailers, measured property line
to property line.
(f)
When any existing structure is converted from any use to one
of those listed above under those encaptioned above, then, in that
event, a full and complete site or plot plan shall be submitted and
reviewed in accordance with the provisions of this chapter by the
Zoning Officer. The Site Review Committee may be utilized to determine
if Board approval and/or variances are necessary. Said submission
shall include:
[1]
Details of the business, included on the site plan submission.
Renderings and/or photo sims as to the appearance must also be submitted
for review.
[2]
Meets all parking and circulation requirements of the zone and that particular retail use. Off-street parking requirements for ancillary sales shall be equal to the minimum requirement for commercial retail as specified by § 215-36. The parking requirements apply to storefront and the shopping center seeking to occupy space within.
[3]
Meets all landscaping requirements of the zone and that particular
use.
[4]
Meets all signage requirements of the zone and that particular
use. No signage may outwardly convey imagery of goods and services
sold inside, including but not limited to bongs, bowls, hookahs, tobacco
brands, and cannabis leaf.
(21)
Cannabidiol (CBD) store, retail sales.
[Added 10-25-2022 by Ord. No. 22-17]
(a)
Is located in the B-N, B-H, OARP-1, OARP-2, OARP-3, OARP-4,
OARP-6 or OARP-7b Zone where retail is permitted within said zone,
and only upon receipt of a conditional use permit, provided that the
following standards are met together with any other applicable requirements
of this chapter and the zones identified herein.
(b)
Establishment shall meet all the bulk requirements, including
parking, landscaping and signage of said zone. No grandfathered signage
of any type.
(c)
Establishment shall be owned and operated by a licensed, registered
operator and/or business where applicable by the authority.
(d)
No business offering the uses identified in Subsection C(19) of this section shall be located within the same structure or property.
(e)
When any existing structure is converted from any use to one
of those listed above under those encaptioned above, then, in that
event, a full and complete site or plot plan shall be submitted and
reviewed in accordance with the provisions of this chapter by the
Zoning Officer. The Site Review Committee may be utilized to determine
if Board approval and/or variances are necessary that would then require
Board approval. Said submission shall include:
[1]
Details of the business, included on the site plan submission.
Renderings and/or photo sims as to the appearance must also be submitted
for review.
[2]
Meets all parking and circulation requirements of the zone and
that particular retail use. The parking requirements apply to storefront
and the shopping center seeking to occupy space within.
[3]
Meets all landscaping requirements of the zone and that particular
use.
[4]
Meets all signage requirements of the zone and that particular
use. No signage may outwardly convey imagery of goods and services
sold inside, including but not limited to bongs, bowls, hookahs, tobacco
brands, and cannabis leaf.
A.
General provisions. Off-street parking, unloading
and service requirements of this section shall apply and govern in
all present and future zoning districts within the Township. Except
as provided in this section, no application for a building permit
shall be approved unless there is included with the plan for such
building, improvement or use a plot plan showing the required space
for off-street parking, unloading and service facilities. Occupancy
permits shall not be given unless the required off-street parking,
unloading and service facilities have been provided in accordance
with those shown on the approved plan. No off-street parking area
shall be reduced in size or encroached upon by buildings, vehicle
storage, loading or unloading, or any other use where such reduction
or encroachment will reduce the off-street parking and loading spaces
below that required by these regulations. The above provisions shall
not apply to one-family dwellings.
B.
Existing uses. Any building use, improvement or use
in operation on the effective date of this chapter is not affected
by the provisions of this section until such time as the existing
building, improvement or use is enlarged.
C.
Design standards.
[Amended 2-8-2000 by Ord. No. 00-02]
(1)
No parking lot shall be constructed or expanded within the Township
except as designated in accordance with the standards set forth herein;
except that where these standards differ from the Residential Site
Improvement Standards, N.J.A.C. 5:21-1 et seq., the RSIS standards
will apply for residential development. The construction or expansion
of any parking lot involving four or fewer spaces shall require application
for minor site plan approval from the board of jurisdiction. The construction
or expansion of any parking lot involving more than four parking spaces
shall require application for major site plan approval from the board
of jurisdiction. One- or two-family homes on an independent lot are
exempt from site for parking lots of three or fewer spaces.
[Amended 7-24-2018 by Ord. No. 18-17]
(2)
Size of parking space. Each 90° and parallel parking
space shall be not less than 180 square feet nor less than nine feet
wide nor less than 20 feet deep, except in areas where cars overhang
concrete curbing, then the depth of a space shall be not less than
18 feet. Diagonal parking sizes shall be subject to approval by the
Planning Board.
(3)
Compact spaces. At the discretion of the Board, up
to 30% of required parking spaces may be designated for compact car
use. Such spaces shall not be less than eight feet wide, nor less
than 17 feet deep, except in areas where cars overhang curbing, then
the depth of space shall not be less than 16 feet.
(4)
Interior driveways. The following driveway widths
shall apply:
(a)
Twenty four feet wide for 90° parking.
(b)
Eighteen feet wide for 60° parking.
(c)
Fourteen feet wide for 30° and 45° parking.
(d)
Where used with parallel parking, or where there
is no parking, interior driveways shall be at least 14 feet wide for
one-way traffic movement and at least 24 feet wide for two-way traffic
movement.
(5)
Handicapped parking spaces. Handicapped parking spaces
shall be provided in accordance with state requirements.
D.
Other uses prohibited. No off-street parking or loading
area shall be used for the sale, repair, dismantling or servicing
of any vehicles, equipment, materials or supplies.
E.
Responsibilities of owners. It shall be the responsibility
of the owner to properly maintain all off-street parking, loading
and unloading areas, service areas, driveways, aisles and accessways
in good condition, free of potholes, cracks and sagging conditions
creating drainage problems. All lighting, curbs, bumpers, markings,
signs, drainage and landscaping shall be similarly maintained in workable,
safe and good condition. If the owner fails to undertake needed repairs
and general maintenance, and after proper notification by the Zoning
Officer, the Township Council may authorize repairs to be made at
the owner's expense.
F.
Parking spaces within buildings. Garage space or space
within buildings, in basements, or on the roofs of buildings may be
used to meet the off-street parking requirements of this chapter,
provided such space is designated to serve as off-street parking space.
G.
Continuing character of obligation. The requirements
in these regulations for off-street parking space shall be a continuing
obligation. It shall be unlawful for any owner of any land or building
affected by these regulations to discontinue, change or dispense with
said off-street parking and/or loading facilities without establishing
alternate off-street parking and/or loading facilities which comply
with the requirements of these regulations.
H.
Off-street parking schedule.
Use
|
Minimum Space Requirements
| ||
---|---|---|---|
Assembly hall or auditorium
|
1 for each 100 feet of gross floor area or 1
for each 3 seats, whichever is greater
| ||
Automobile and gasoline service
|
4 for each service bay, plus 1 for each service
vehicle and plus 1 for each employee
| ||
Automobile repair shop
|
1 for each employee, plus 1 for each 500 square
feet of floor area; a minimum of 5 spaces shall be required
| ||
Bank
[Amended 3-12-2002 by Ord. No. 02-07] |
1 space for each 250 square feet of gross floor
area or 8 spaces for each non-drive-up teller window plus 2 spaces
for each automatic teller machine, whichever is greater; banks with
drive-up facilities shall provide an additional 2 spaces for each
drive-up teller window
| ||
Bowling alley
|
4 for each lane plus 1 for each employee
| ||
Church or other house of worship
|
1 for each 3 seats
| ||
Club, lodge or union hall
|
1 for each 100 square feet of gross floor area
| ||
Commercial, retail or personal service establishment
[Amended 3-12-2002 by Ord. No. 02-07] |
1 for each 200 square feet of gross floor area
| ||
Conference center and banquet hall
[Added 3-12-2002 by Ord. No. 02-07] |
10 per 1,000 square feet
| ||
Dwelling, all types
|
2 for each dwelling unit
| ||
Educational institution, public or private
|
1 for each teacher and employee; sufficient
off-street parking space for the safe and convenient loading and unloading
of students; additional facilities for student parking, taking into
consideration the total number of students driving automobiles. The
requirements for stadium, gymnasium and auditorium use shall be in
addition to these requirements
| ||
Fitness club
[Added 3-12-2002 by Ord. No. 02-07] |
1 per 100 square feet of gross leasable area
| ||
Funeral home or mortuary
|
1 for each 4 seats in chapel plus 2 spaces for
each resident family, plus 1 space for each funeral vehicle
| ||
Garden center
[Added 3-12-2002 by Ord. No. 02-07] |
6 per 1,000 square feet of gross leasable area
| ||
Home occupation, professional office (as defined)
|
1 for each employee, plus 2 for each dwelling
unit, plus 1 for each 50 square feet of office reception space or
area devoted to home occupation
| ||
Hospital
|
1 for each bed, plus 1 for each staff and administrative
member, plus 1 for each 2 employees, including nurses
| ||
Industrial or manufacturing establishment
|
1 for each employee on maximum shift, plus 1
visitor space for each 8 managerial personnel, plus 1 for each vehicle
used directly in the conduct of the enterprise
| ||
Medical or dental offices
|
1 for each employee, plus 5 spaces for each
professional person
| ||
Motel, tourist home
|
1 for each guest or sleeping room, plus 1 for
each resident family, plus 1 for each employee
| ||
Nursing home/assisted living facility
[Amended 3-12-2002 by Ord. No. 02-07] |
1 for each 3 beds
| ||
Offices, professional and general
[Amended 3-12-2002 by Ord. No. 02-07] |
1 for each 250 square feet of gross leasable
area
| ||
Rental premises
[Added 1-25-2005 by Ord. No. 05-07] |
One space for each licensed driver residing
in such rental premises
| ||
Restaurant, bar or other similar establishment
|
1 for each 2 seats provided, plus 1 for each
employee
| ||
Rooming house
|
1 for each roomer, plus 1 for each resident
family
| ||
Research or laboratory use
|
1 for each employee on maximum shift, plus 1
visitor space for each 8 managerial personnel plus 1 for each vehicle
used directly in the conduct of the enterprise
| ||
Shopping center
| |||
a.
|
Neighborhood
|
6 for each 1,000 square feet of gross leasable
space
| |
b.
|
Community
|
5.5 for each 1,000 square feet of gross leasable
space
| |
c.
|
Regional
|
5 for each 1,000 square feet of gross leasable
space
| |
Storage warehouse
|
1 for each employee on maximum shift
| ||
Stadium, and other outdoor sports arenas
|
1 for each 4 seats
| ||
Theater, auditorium and other indoor sports
arenas
|
1 for each 3 seats
|
I.
Off-street parking requirements for combination of
uses. The parking requirement for each use shall be computed separately
and then such requirements shall be added together to compute the
total number of required parking spaces. In all questionable or doubtful
cases or for uses not enumerated, the Planning Board shall determine
the required number of spaces, utilizing as a standard the requirements
for the uses which are specifically enumerated.
J.
Off-street loading requirements.
(1)
In any zone, in connection with every building or
building group or part thereof hereafter erected which is to be occupied
by industrial, office and laboratory or commercial uses or distribution
by vehicles of material or merchandise, there shall be provided and
maintained on the same lot with such building off-street loading berths
in accordance with the requirements set forth below.
(2)
Each loading space shall be no less than 12 feet in
width, 40 feet in length and 14 feet in height, and no loading space
may occupy any part of any required front, side or rear yard; provided,
however, that on lots on which the rear or side yard abuts a limited
access highway or a railroad, such loading space may occupy the rear
or side yard up to the rear property line.
Minimum Off-Street Loading Requirements
| |||
---|---|---|---|
Uses
|
Gross Floor Area
(square feet)
|
Required Berths
| |
Schools
|
15,000 or more
|
1
| |
Hospitals and nursing homes (in addition to
space for ambulances)
|
10,000 to 30,000
|
1
| |
Each additional 30,000 or fraction thereof
|
1 additional
| ||
Undertakers and funeral parlors
|
5,000
|
1
| |
Each additional 5,000 or fraction thereof
|
1 additional
| ||
Hotels and offices
|
10,000 or more
|
1
| |
Retail, commercial, planned commercial and industrial
groups; wholesaling, manufacturing and warehouse uses
|
5,000 to 15,000
15,000 to 30,000
30,000 to 50,000
50,000 to 75,000
|
1
2
3
4
|
K.
Joint facilities for parking or loading. Off-street
parking and loading facilities for separate uses may be provided jointly
if the total number of spaces so provided is not less than the sum
of the separate requirements for each use, provided that all regulations
governing the location of accessory spaces in relation to the uses
served are adhered to. Further, no accessory space or portion thereof
shall serve as a required space for more than one use unless otherwise
approved by the Planning Board as provided herein in accordance with
the purposes and procedures set forth herein.
L.
Waiver of parking or loading requirements. If any
applicant can clearly demonstrate to the Planning Board that, because
of the nature of his operation or use, the parking and/or loading
requirements of this section are unnecessary or excessive, the Planning
Board shall have the power to approve a site plan showing less paved
parking or loading area than is required by this section; provided,
however, that a landscaped area of sufficient size to meet the deficiency
shall be set aside and reserved for the purpose of meeting future
off-street parking or loading requirements. Required spaces that are
"banked" under this section shall be shown on a required site plan
and shall be included in applicable impervious coverage requirements.
The applicant may install such spaces at any time without further
Planning Board approval, and the Township may require the installation
of such spaces at any time.
[Amended by Ord. No. 1989-30]
[Amended by Ord. No. 1989-30; Ord. No. 1991-22; 3-12-2002 by Ord. No. 02-07; 3-10-2009 by Ord. No. 09-04; 4-9-2013 by Ord. No. 13-13
A.
General provisions. All signs within the Township shall be erected,
constructed or maintained in accordance with the provisions of this
section. No existing sign shall be enlarged, rebuilt, structurally
altered or relocated except in accordance with the provisions of this
chapter. The issuance of a permit shall not relieve the owner or lessee
of the premises from the duty of maintaining safely any such structures.
No sign of any description shall be installed, erected, constructed
or maintained in such manner as to obstruct any fire escape or any
window or door, nor shall any sign be attached in any manner to a
fire escape. Every sign constructed or maintained shall be plainly
marked with the name of the person, firm or corporation erecting or
maintaining such sign. Signs not expressly permitted are prohibited.
(1)
Purpose. The purpose of this section is to:
(a)
Promote safety along streets and highways in the Township by
providing adequate, readable signage that coincides with land use
objectives with particular focus on pedestrian safety through traffic
calming.
(b)
Reduce distractions and obstructions from signs which would
adversely affect traffic safety and to alleviate hazards caused by
signs projecting over or encroaching upon public rights-of-way.
(c)
Discourage excessive visual clutter and competition in signage
while ensuring the signs adequately perform their primary function
of orientation and the identification of uses and activities to the
public.
(e)
Develop a fair and workable review and permitting procedure
for certain signs by the Zoning Official.
(2)
Grandfathering. Any sign that is permanently affixed to a structure, window sign, and/or site prior to the adoption of the revisions to § 215-37 (on April 9, 2013) that do not meet the requirements of § 215-37. Such signs do not include temporary signs, promotional signs, informational, flags, banners, pennants, signs which have not received approval and may be illegal. No sign is protected upon sale of property, transfer of ownership, and/or change in occupancy in which § 215-37 applies. Variances will be entertained in accordance with the provisions of the Municipal Land Use Law.
B.
Traffic safety. No signs shall be erected in the Township that would:
(1)
Obstruct the sight distance at an intersection along a public right-of-way.
(2)
Would tend by its location, color, shape, message or nature to be
confused with or obstruct the view of traffic signs or traffic signals
by motorists or pedestrians.
(3)
Use admonitions such as "Stop," "Go," "Slow," "Danger," etc., which
might be confused with traffic directional signs.
(4)
No sign other than official traffic control devices or street signs
shall be erected within, or encroach upon, the right-of-way lines
of any street unless specifically authorized by other ordinances or
regulations of the Township.
(5)
All signs must be located 10 feet outside of the curbline or edge
of pavement and must not block the sidewalk.
C.
Fire, safety, light and air. No sign shall be erected or constructed
that will violate any of the Township regulations as to health, required
light, safety or air, as defined in the Building Code of the Township.
D.
Design and maintenance.
(1)
Materials.
(a)
Permanent signs must be constructed of durable materials, such
as wood, plastic or metal, professionally lettered with applied, incised,
painted, printed or molded lettering.
(b)
Temporary signs must be constructed of materials sufficiently
durable to survive, in good condition, the intended period of display.
Such materials may include framed fabrics or laminates in addition
to those materials suitable for permanent signs. Temporary signs must
be professionally lettered and decorated or created from materials
having a professional appearance.
(c)
Banners must be constructed of fabric, plastic or laminates
sufficiently durable to withstand wind and weather without tearing,
fraying or otherwise becoming unsightly in appearance.
(2)
Landscaping.
(a)
Ground signs shall be appropriately landscaped at the base of
such signs. Appropriate landscaping is defined as flowers, shrubs,
ground cover and landscape techniques used in the following manner:
(b)
Evergreen plant materials of sufficient size when installed
shall be required for all landscaping serving concealment and/or shielding
purposes. Plant selection shall be based on screening ability, adequate
hardiness and freedom from such problems as winter leaf desiccation
and seasonal insect infestation.
(3)
Maintenance. Whenever a sign becomes structurally unsafe or endangers
the safety of the building or endangers the public safety, the Construction
Official shall order that such sign be made safe or removed. Such
order shall be complied with within 10 days of the receipt thereof
by the person, firm or corporation owning or using the sign, or the
owner of the building or premises on which the unsafe sign is affixed
or erected. Failure to obey such orders shall be a violation of this
chapter.
E.
Shielding of signs. Any sign within 100 feet of any residential zoning
district which is illuminated shall be shielded in such a manner as
to prevent rays of light from being cast on nearby properties or the
traveling public.
F.
Mechanical contrivances. No sign shall contain flashers, animators
or mechanical movements or contrivances of any kind, excepting clock
and temperature-stating devices.
G.
Illumination.
(1)
Illumination devices, such as, but not limited to, floor or spot
lights, shall be so placed and so shielded as to prevent the rays
of illumination thereof from being cast into neighboring properties
and approaching vehicles. Buildings or structures may not be outlined
by tubing or strings of lights for advertising purposes, except that
all buildings shall be permitted strings of lights (moving or fixed)
displays between November 15 and January 15 of each year.
(2)
Illumination of all signs in outdoor areas shall be restricted to
indirect panel lighting or small floodlights directed onto the sign.
Outdoor illumination of premises shall be by lights which are shielded
in such a manner as to eliminate the annoyance of any glare or the
creation of a condition hazardous to traffic on the public streets,
and the lighting shall not interfere with the comfort or privacy of
occupants of other lands in the vicinity.
(3)
External ground lighting of signs must not exceed 1/2 footcandle
at a distance of two feet from the illumination source.
(4)
Light emission from internally illuminated signs shall not exceed
one footcandle at a distance of two feet from any sign surface.
(5)
Digital display.
(a)
Illumination is concentrated on the surface of the sign and
is located so as to avoid glare or reflection onto any portion of
an adjacent street or highway, the path of oncoming vehicles or any
adjacent premises.
(b)
Under no circumstances may any type of display contain a message
or display that appears to flash, undulate, pulse, move, or portray
explosions, fireworks, flashes of light, or blinking lights or otherwise
appears to move toward or away from the viewer, expand or contract,
bounce, rotate, spin, twist or make other comparable movements.
(c)
The display or message on a digital display, of any type, may
change no more frequently than once per hour, with a transition period
of one second or less.
(d)
The display or message must otherwise comply with Subsection G and the digital display must have installed an ambient light monitor which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with terms of this chapter.
(e)
Maximum brightness levels for digital display other than § 215-35C(9) shall not exceed 0.2 footcandle over ambient light levels measured within 150 feet of the sign. Certification must be provided to the Township demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Reinspection and recalibration shall be annually required by the Township, in its reasonable discretion, at the permittee's expense, to ensure that the specified brightness levels are maintained at all times.
H.
Signs over pedestrian walks. No portion of any sign shall be located
within or suspended over a pedestrian walk, public or private without
a ten-foot clearance.
I.
Size and placement.
(1)
The area of a permitted sign shall be determined by multiplying the
greatest horizontal dimension by the greatest vertical dimension including
spaces between open-type letters and figures, including the background
structure or other decoration or addition which is an integral part
of the sign. Sign supports shall be excluded in determining the area
of a sign. Only one side of a double-faced sign structure shall be
used in computing total sign area.
(2)
Wall signs shall not project more than four inches from the building
facade or 12 inches if internally illuminated.
(3)
No projecting sign shall extend into a vehicular public way or be
less than eight feet above a pedestrian way.
(4)
No sign, together with any supporting framework, shall extend to
a height above the maximum building height allowed in that zone.
(5)
Signs should not cover building architectural details, such as but
not limited to arches, sills, moldings, cornices and transom windows.
(6)
No wall or window sign shall be located above the first floor level
of a multistory structure.
(7)
Structures on corner lots may place a maximum of two ancillary wall
signs on each wall with road frontage, provided that the allowable
exterior signage for that zone is not exceeded.
J.
Historical site or monument. No permanent sign shall be permitted
within 100 feet of the property line of any historical site or monument.
K.
Setback from residential district. When signs are located along the
district boundary line of any residential district, they shall be
set back not less than 50 feet from such residential district boundary
line.
L.
Movable signs. No sign or device in the nature of an advertisement
or announcement so constructed as to be movable or which shall be
placed on a standard sitting upon the ground shall be placed or permitted
to remain on any part of any street, sidewalk, parkway, curb or other
public place.
M.
Sign removal. Signs advertising a use no longer in existence or a
product no longer available shall be removed within 30 days of such
occurrence. Any nonconforming sign advertising a specific use shall
be removed upon a change of that use, tenant or occupant, and any
replacement sign shall comply with all provisions of this chapter.
N.
Administration, filing procedures and permits.
(1)
Administration. The Construction Official shall only issue a permit
for the erection or construction of a sign which meets the requirements
of this section. Any aggrieved person may appeal the decision of the
Construction Official by filing such appeal with the Board of Adjustment
on forms provided therefor.
(2)
Filing procedures. Application for permits to erect, hang or place
a sign shall be submitted on forms obtainable from the Construction
Official. Each application shall be accompanied by plans showing the
area of the sign; size and character; method of illumination, if any;
the exact location proposed for such sign; and, in the case of a projecting
sign, the proposed method of fastening such sign to the building structure;
the vertical distance between such sign and the finished grade, and
the horizontal distance between such sign and the curb and also between
such sign and the right-of-way line.
(3)
Additional information. Each applicant shall, upon the request of
the Construction Official, submit any additional information deemed
necessary by the Construction Official.
(4)
Administration and enforcement. If the Zoning Officer shall find
that any of these sign regulations are being violated, he/she shall
notify in writing the person responsible for such violation indicating
the nature of the violation and ordering the action necessary to correct
it within a time period of not less than 24 hours and not more than
30 days. This action may include removal or alteration of illegal
signs or discontinuance of any illegal work being done or other action
to ensure compliance with these regulations.
(a)
Illegal signs erected upon public property may be removed by
the Zoning Officer or designee without prior notice. It shall be unlawful
to erect, maintain or display a new sign or an addition to an existing
sign without first obtaining a permit from the Zoning Officer, based
upon an application in writing, except as specifically set forth herein.
(b)
Rules for existing signs. All existing signs must comply with
all provisions of this article, except as follows:
[1]
All signs erected prior to the enactment of this article which
are not in conformity with the provisions thereof shall be deemed
nonconforming signs and may continue in use, provided that the sign
is not allowed to become dilapidated or unsafe and complies with the
provisions concerning sign maintenance. Additionally, any such sign
shall not be enlarged. On the change of ownership or use, however,
the message or lettering on said nonconforming sign may be changed
to reflect the new owner or use, provided that to do so shall not
increase the nonconformity of the sign or replace the sign itself.
[2]
Notwithstanding the provisions set forth hereinabove, the following
signs shall be removed within 30 days of the effective date of this
article and replacement signage shall comply with all provisions of
this section:
(c)
Prior to the display of any temporary sign, a notice must be
filed with the Zoning Officer indicating the purpose and location,
showing the text, identifying the first and last day of intended display
and the cumulative total of temporary sign display days for that business,
for the calendar year, as of the end of the requested display period.
Copies of the notification form are available from the Township Clerk
at no charge.
(e)
Appeals, interpretations and variances. The provisions of this
article shall be subject to the jurisdiction of the Planning Board
and Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-60 and
40:55D-70.
O.
Prohibited signs. Unless specifically permitted by the approving
authority or this article, the following signs are prohibited:
(1)
Signs not accessory to the business or use conducted on the property.
(2)
Mechanically moving signs, neon signs, flashing signs and animated
signs of any kind and signs containing reflective elements.
(3)
A sign that, if in the opinion of the Zoning Officer, is of such
a design or location that it would interfere with, compete for attention
with or might be mistaken for a traffic signal, sign or device. This
includes arrow devices and the word "stop."
(4)
A sign that is located within the triangular area bounded by the
intersection of two edges of pavement and a line connecting points
on such edges of pavement and 30 feet distance from their intersection,
or is so located that it would obstruct any driveway sight lines.
(5)
Banners, spinners, pennants, streamers and other moving objects,
and inflatable signs used for advertising purposes, whether containing
a message or not.
(6)
Searchlight displays unless authorized by a temporary sign permit
as part of a grand opening promotion or special event.
(8)
Signs erected within, over, or in the right-of-way of any public
street.
(9)
Signs using fluorescent-type paint.
(10)
Signs placed in or on vehicles, trailers, or similar contrivances
other than those painted on or affixed to the body of said vehicle,
trailer or similar contrivance as part of its typical body structure.
(11)
New freestanding or "pylon" signage.
(12)
Window signage other than those expressly permitted.
(13)
Sandwich board or A-frame signs located in the public ROW.
(14)
Any sign not specifically permitted by this article.
P.
Signs permitted in all areas. The following signs may be erected,
constructed, placed and maintained without a permit from the Construction
Official.
(1)
Signs located within the interior of a structure or property which
do not attract the attention of the public from a public view including
right-of-way and/or an adjoining properties, permitted without restriction.
(2)
Real estate sign. Real estate signs advertising the prospective sale
or rental of the property on which they are located shall not be illuminated,
shall be removed within 15 days of the rental transaction or date
of closing of sale, and shall be restricted in size and number as
follows:
(a)
Residential properties shall not display more than one sign,
six square feet in area, except that a corner lot or through lot may
display one such sign on each street frontage. Freestanding signs
shall not exceed four feet in height.
(b)
Nonresidential properties shall not display more than one sign,
16 square feet in area, except that a corner lot or through lot may
display one such sign on each street frontage. Notice to the Construction
Office must be provided.
(c)
Off-site real estate signs are permitted, provided that:
(3)
Agricultural signs. Any incidental sign advertising the sale of farm
products grown or produced on the premises in any zoning district
wherein an agricultural use is permitted, provided that such sign
shall not exceed 12 square feet in area and shall be at least 100
feet from the nearest intersection of a street, road or highway, and
at least five feet from the nearest property line. Such sign shall
not be illuminated.
(4)
Construction site signs. Any temporary construction site sign erected
on the site during the period of construction to announce the name
of the project, owner or developer, contractor, architect, landscape
architect or engineer. Such signs shall not be illuminated and shall
not exceed 12 square feet in area and shall be removed promptly upon
completion of the work.
(5)
Tradesmen and mechanics. Temporary sign of mechanics, painters and
other artisans, provided such sign shall be erected only on the property
where such active work is being performed, does not exceed six square
feet and shall be removed promptly upon completion of the work 10
days after issuance of the CA.
(6)
Warning and trespassing signs. Customary warning, trespassing and
posted signs, or signs indicating the private nature of a driveway
or property, provided the size of the sign does not exceed three square
feet.
(7)
On-site directional signs. Customary and required directional signs
in parking areas and similar situations, provided they do not each
exceed four square feet in area. Such signs shall be placed on site
and shall not exceed 30 inches in height above grade. Directional
signs shall not contain a commercial message.
(8)
Advertisement and informational signs of public interest. Political,
advertisement or informational signs of a public or semipublic nature.
All signs must be ground signs. Such signs shall only be used for
the following purposes:
(a)
The name or location of a town, village, hospital, community
center, public or private school, YMCA, YWCA, church, synagogue or
other place of worship. Not more than one ground sign of 15 square
feet in size shall be placed on each property, unless such property
fronts on more than one street, in which case one such sign may be
erected on each street frontage. Temporary signage devoted to special
events on site may be permitted for no more than 30 days.
(b)
The name or place of meeting of an official or civic body such
as a chamber of commerce, board of trade, or service club. Not more
than one ground sign of fifteen (15) square feet in size shall be
placed on each property unless such property fronts on more than one
street, in which case one such sign may be erected on each street
frontage.
(c)
An event of public interest such as elections; church or public
meeting; local county and state fair; volunteer fire department fair;
special events of service clubs and nonprofit organizations; and other
similar community activities and campaigns. Signs shall not exceed
eight square feet and must be located 10 feet from the curb or edge
of the roadway. Such signs shall be removed by the person, organization
or property owner within seven days of the date specified for the
event.
(9)
Private event signs. Limited to four events per year. Special non-sale
events, business uses, such as grand openings, may be permitted to
display flags and banners and similar attention-getting devices of
a temporary nature not otherwise permitted by these regulations, provided
such devices are not displayed for longer than 30 days, are not located
off premises, and a permit for same is obtained from the Construction
Official.
(10)
A single ground sign for public and semipublic facilities, such
as schools, churches, hospitals, libraries and public recreational
facilities. Such a sign shall not exceed 20 square feet in area or
six feet in height.
(11)
A single ground sign at one entry location of multifamily residential
developments in excess of 50 units. Such sign shall not exceed five
feet in height nor 20 square feet in area. Multifamily residential
developments in excess of 100 units may have one such sign at each
vehicular access point.
(12)
Commercial window signage. No permit required, unless noted.
However the following applies:
(a)
A regulated window sign is one that includes any writing (letters,
words, or numerals), is located on or within four feet of the window
and is plainly visible from the exterior of the building.
(b)
A maximum sign area of 20% of the aggregate window area or 20
square feet whichever is less, per each section of 40 linear feet
of street frontage, but no more than two fronts, is allowed for each
window area inclusive of all sign types unless otherwise noted, provided
that;
[1]
Sections of window sign allowances are not permitted to be combined.
[2]
Signs may not be closer than four feet from one another.
[3]
Inclusive within the window sign allowance is the following;
[a]
Permanent window signs: The sign(s) may be permanently
affixed to the window, such as gold leaf and decal application; or
hung, mounted or displayed a minimum of one inch away from the glass
within the interior of the building. Additionally;
[i]
One per 40 linear feet of facade frontage then
sign may be replicated but not to exceed maximum square foot allowance
per sign.
[ii]
All permanent signs are allowed to be indirectly
illuminated, with the light source concealed from public view or decorative
fixture.
[iii]
Limited to the name and logo of the establishment,
or items associated with the operation of the business and/or goods
for sale.
[iv]
Window signs are permitted on the second story
and above, provided that such space is occupied by a different tenant/business
than the ground floor tenant.
(d)
Open/closed sign. A maximum of two square feet is allowed, and
may be illuminated, including exposed neon and LED, but nonflashing.
(e)
Temporary window signs. Includes: promotional/sales signs; community
event posters; help-wanted/now-hiring signs; real estate/rent/leasing
signs; political election signs; holiday signs (patriotic or religious).
[1]
Signs are allowed to be displayed for a maximum of 30 days (exception:
rent/leasing sign).
[2]
In the lower right corner of the sign, the date of first day
of display MUST be shown.
[3]
Temporary signs may not be illuminated.
[4]
Signs should not be taped to the glass and should not be placed
crossing over window mullions and should be tastefully arranged and
organized.
[5]
Signs shall not be placed to block out the window area.
[6]
Temporary signs are limited to a total of six additional square
feet.
(13)
Signs are permitted on awnings, valances, canopies and/or any
other similar structure. Additionally, vertical and horizontal projecting
signs and top hamper signs are permitted. However, such signs are
calculated toward the facade sign based upon lettering blocked by
a rectangle around the lettering and/or logo aggregated together.
(14)
Sandwich and A-frame signs are permitted, provided that:
Q.
Signs which require permits. Except for those signs listed in § 215-37P and for those signs permitted in residential districts, no sign shall be erected, constructed, placed or structurally altered without a permit from the Construction Official.
(1)
Signs in residential districts. Only the following types of signs
shall be permitted in residential districts:
(b)
Nameplate and identification sign. A sign indicating the name
or address of the occupant or home occupation may be permitted, provided
that the sign shall be no larger than two square feet and affixed
to the structure.
(c)
Number of signs. Unless otherwise specified herein, not more
than one such sign shall be placed on any property unless that property
fronts on more than one street, in which event not more than one sign
may be erected on each street frontage.
(2)
Signs in B-N Districts.
(b)
Signs specified in residential districts.
(c)
Number of signs. Unless otherwise specified herein, not more
than one facade sign shall be permitted for each commercial use on
any property unless the property fronts on more than one street, in
which event not more than one facade sign may be erected for each
commercial use on each street frontage.
(d)
Facade signs. A facade sign is one which is located on or attached
to the principal facade of said use on each street frontage. Such
sign shall not project more than one foot beyond the building and
shall not exceed an area equal to either 15% of the front wall area,
including window and door areas, or 40 square feet, whichever is smaller.
Such sign shall not be closer than 10 feet to the ground level of
said sign and, further, shall not have a vertical dimension in excess
of three feet.
(e)
Ground sign. A ground sign of the same area and lighting, but
not exceeding five feet in height, may be permitted. The area of such
sign shall not exceed 20 square feet and may only be illuminated by
shielded external lighting.
(f)
Window signage.
(3)
Signs in B-H Districts.
(b)
Signs specified in residential districts.
(c)
Number of signs. Unless otherwise specified herein, not more
than one facade sign shall be permitted for each commercial use on
any property unless the property fronts on more than one street, in
which event not more than one facade sign may be erected for each
commercial use on each street frontage.
(d)
Facade signs. A facade sign is one which is located on or attached
to the principal facade of the use on each street frontage. Such sign
shall not project more than two feet beyond the building and shall
not exceed an area equal to either 20% of the front wall area, including
window and door areas, or 100 square feet, whichever is smaller. Such
sign shall not be closer than 10 feet to the ground level of said
sign and, further, shall not have a vertical dimension in excess of
five feet.
(e)
Ground sign. A ground sign of the same area and lighting, but
not exceeding six feet in height, may be permitted. The area of such
sign shall not exceed 32 square feet and may only be illuminated by
shielded external lighting.
(4)
Signs in PRO Districts:
(b)
Number of signs. Unless otherwise specified herein, not more
than one facade sign shall be permitted for each commercial use on
any property unless the property fronts on more than one street, in
which event not more than one facade sign may be erected for each
commercial use on each street frontage.
(c)
Wall-mounted directory-of-occupants signs not exceeding five
square feet in area are permitted for multiunit buildings and properties.
(d)
Facade signs. A facade sign is one which is located on or attached
to the principal facade of the use on each street frontage. Such sign
shall not project more than six inches beyond the building and shall
not exceed an area equal to either 10% of the front wall area, including
window and door areas, or 30 square feet, whichever is smaller. Such
sign shall not be closer than 10 feet to the ground level of the sign
and, further, shall not have a vertical dimension in excess of two
feet.
(e)
Ground signs. Such sign shall not exceed a height of five feet
measured from the ground level to the top of the structure. The area
of such sign shall not exceed 32 square feet and may only be illuminated
by shielded external lighting.
(5)
Signs in OP Districts.
(b)
Wall-mounted directory-of-occupants signs not exceeding five
square feet in area are permitted for multiunit buildings and properties.
(c)
One architecturally harmonious ground sign for each street frontage,
not to exceed 32 square feet, situated no closer to a public right-of-way
than 25 feet, may be installed for each development. Each ground sign
may be illuminated by shielded external lighting.
(6)
Signs in IP-1, IP-2, IP-3 Districts.
(b)
Signs specified in residential districts.
(c)
Wall-mounted directory-of-occupants signs not exceeding five
square feet in area are permitted for multiunit buildings and properties.
(d)
Number of signs. Unless otherwise specified herein, not more
than one facade sign shall be permitted for each commercial use on
any property unless the property fronts on more than one street, in
which event not more than one facade sign may be erected for each
commercial use on each street frontage.
(e)
Facade signs. A facade sign is one which is located on or attached
to the principal facade of said use on each street frontage. Such
sign shall not exceed an area equal to either 10% of the front wall
area, including window and door areas, or 40 square feet, whichever
is smaller. Such sign shall not be closer than 10 feet to the ground
level of said sign and, further, shall not have a vertical dimension
in excess of three feet.
(f)
Ground signs. Such sign shall not exceed a height of five feet
measured from the ground level to the top of the structure. The area
of such sign shall not exceed 32 square feet and may only be illuminated
by shielded external lighting.
A.
General requirements and provisions.
(1)
This zone establishes minimum standards for the control
of airport and aeronautical hazards and standards for land use adjacent
to airports which shall take precedence over any other section or
sections of this chapter in conflict or inconsistent herewith.
(2)
No person shall build, rebuild, create or cause to
be built, rebuilt or created any object or structure or plant, or
cause to be planted or permit to grow any tree or vegetation, which
will interfere with, diminish, change or obstruct the airspace or
landing and takeoff area available for the landing and takeoff of
aircraft at public use airports in this zone.
(3)
No requirement of this zone shall be construed to
require the removal or lowering of or other change or alteration of
any structure or tree not conforming to the requirements when this
chapter was adopted or otherwise interfere with the continuance of
any prior nonconforming use.
(4)
No requirement of this zone shall be construed as
limiting the power of the State of New Jersey regarding the design,
placement, location or operation of airports or other aeronautical
facilities.
(5)
Within the provisions of this zone, interstate highways
are considered to be a seventeen-foot vertical development, other
public roads are considered to be a fifteen-foot vertical development,
a private road is considered to be a ten-foot vertical development,
and railroads are considered to be a twenty-three-foot vertical development.
(6)
The review of applications under this section is limited
to the purposes of this chapter as they relate to the public health,
safety and welfare.
(7)
In the event that an airport owner or operator has
an agreement with the Federal Aviation Administration for the control
of airport hazards, the airport owner or operator shall comply with
the most protective provisions of both this chapter and any agreement
with the Federal Aviation Administration.
(8)
This chapter shall not apply to:
(a)
Any person who has submitted a complete application,
as defined and required by the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., for approval of the proposed development at the time of the
adoption of this chapter.
(b)
Any person immune to local ordinance, whose
proposed development has progressed beyond the preliminary engineering
stage at the time of the adoption of this chapter.
(9)
No variance or other relief from the standards promulgated
by or under this chapter may be granted to any person except upon
the condition that the variance or relief is contingent upon the issuance
of a permit allowing the variance or relief by the State Commissioner
of Transportation.
B.
Delineation of airport hazard zones.
(1)
Airport hazard zones are delineated by the establishment
of subzones of standard sizes around and off the ends of runways and
airports open to the public.
(2)
The two types of subzones comprising an airport hazard
zone are the runway subzone and the runway end subzone.
(3)
The overall airport hazard zone for an airport is
geometrically constructed by defining and locating the runway subzone
and the runway end subzone for each runway open to the public on an
airport open to the public. The outermost borders of the subzones
comprise the outermost boundary of the airport hazard zone. The area
within those outermost boundaries is that area regulated by the provisions
of this chapter and is the airport hazard zone for an airport.
(4)
Delineation of the runway subzone:
(a)
The runway subzone of an airport hazard zone
shall consist of a rectangle having the same center line and length
as the runway, unless a shorter length is necessitated by limited
property ownership at the airport.
(b)
The width of the runway subzone shall be 2,350
feet.
(c)
The exact length of the runway subzone shall
be determined by one of the two following methods.
[1]
For most airports, the length of the runway
subzone will be the same as the physical length of the runway.
[2]
If the physical end of a runway is closer than
200 feet from the property or easement line of the airport, as measured
along the runway's extended center line, then the end of the runway
subzone shall be defined by a line drawn perpendicular to the runway
center line at a point 200 feet inside of the airport property or
easement line. In this case, a portion of the runway will extend beyond
the bounds of the runway subzone.
(5)
Delineation of the runway end subzones:
(a)
The runway end subzones of an airport hazard
zone shall consist of trapezoids located at either end of the runway
subzone along the flight approach and departure path.
(b)
Each runway end subzone shall extend 3,000 feet
from the end of the runway subzone, as measured along the extended
center line of the runway.
(c)
The base of the runway end subzone shall be
defined by the end of the runway subzone and shall have a width of
2,350 feet. The width of the runway end subzone shall narrow as the
distance from the end of the runway subzone increases. Its final width
shall be 850 feet.
C.
Vertical development allowed within an airport hazard
zone.
(1)
Minimum obstruction ordinance standards establish
the vertical limits up to which structures or trees may be allowed
to develop or grow within an airport hazard zone.
(2)
Minimum obstruction ordinance standards are vertical
standards measured in respect to elevations whose datum is the horizontal
plane established by runway elevations. For example, if a point in
an airport hazard zone permits at a specific point development up
to "x" feet, that means "x" feet above the runway horizontal plane,
not "x" feet above the natural grade of the land at that point in
the airport hazard zone.
(3)
The vertical standards within the runway subzone of
an airport hazard zone are determined first by establishing the elevations
at the runway center lines at the ends of the runway subzone of the
airport hazard zone. From those elevations at the runway subzone ends,
a line is run 90° outward from each side of the runway center
line for a distance of 125 feet. Within the area defined by these
four points, no development is allowed above the natural grade of
the soil except for runway and flight safety equipment.
(a)
The vertical standards within the remainder
of the runway subzone of an airport hazard zone are determined by
establishing planes from the edges of the longitudinal zero foot development
restriction line established in N.J.A.C. 16:62-3.2(b)1.ii which slope
upward and outward at a rate of seven feet horizontally to one foot
vertically. This upward plane ceases when it reaches the outer longitudinal
borders of the runway subzone of any airport hazard zone at the elevation
of 150 feet above its starting point at the longitudinal zero foot
development line.
(4)
The vertical standards within the runway end subzone
of an airport hazard zone are determined by first establishing a plane
with a rising slope of one foot upward to 20 feet outward from the
end of the runway subzone to the outermost end of the runway end subzone.
This plane is bisected by the extended runway center line and is 250
feet in total width at its innermost dimension and widens uniformly
along its three-thousand-foot length so as to have a total width of
850 feet at its outermost dimension where it intersects with the outermost
portion of the runway end subzone at the elevation of 150 feet above
its starting point at the zero foot development line.
(a)
The vertical standards within the remainder of the runway end subzone of an airport hazard zone are determined by established sloping planes from the outermost longitudinal edges of the plane established in Subsection C(4) above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection C(4) above to where they meet the outermost longitudinal boundaries of the runway end zones at the elevation of 150 feet.
D.
Permitted and prohibited land uses within an airport
hazard zone.
(1)
The following uses are permitted within an airport
hazard zone except if used in conjunction with a prohibited land use:
(a)
Those uses as permitted in the underlying zone
districts of the airport hazard zone.
(2)
The following are specifically prohibited land uses:
(a)
Residential (dwelling units);
(b)
Planned unit developments and multifamily dwellings;
(c)
Hospitals;
(d)
Schools;
(e)
Bulk flammable or bulk compressed gas storage;
(f)
Aboveground bulk tank storage of compressed
flammable or compressed toxic gases and liquids;
(g)
Single uses that would attract crowds in excess
of 500 persons;
(h)
Within the runway end zones only, the aboveground
bulk tank storage of flammable or toxic gases and liquids;
(i)
Incineration facilities;
(j)
Uses that may attract massing birds, including
land fills; and
(k)
Above-grade major utility transmission lines
and/or mains.
E.
Permit for creation or expansion of prohibited land
use or vertical height development.
(1)
The Commissioner of the New Jersey Department of Transportation,
hereinafter referred to as "Commissioner," may issue a permit for
creation or establishment of a nonconforming use or vertical height
development within an airport hazard zone upon determination that:
(a)
An application in conformance with the provisions
of this section has been properly submitted;
(b)
A conditional development approval has been
granted by the appropriate municipal agency, if required;
(c)
The creation of the prohibited land use or vertical
height development will not in fact create an additional airport hazard
limiting the size of the area available for landing, takeoff and maneuvering
of aircraft; and
(d)
Creation or establishment of the prohibited
land use or vertical height development will not harm the public health,
safety and welfare.
(2)
No person may commence the construction or development
of any structure, land use or condition which is contrary to the standards
of this chapter without a valid permit issued by the Commissioner.
F.
Municipal approval.
(1)
A developer of a project requiring creation or establishment
of a prohibited land use or vertical height development shall first
apply for development approval from the appropriate municipal agency.
If the municipal agency approves the development, the approval shall
be conditioned on the developer applying for and receiving a permit
from the Commissioner in accordance with this section. Construction,
development or creation of any prohibited land use shall not commence
until a permit has been issued by the Commissioner.
(2)
An application for a permit will only be considered
by the New Jersey State Department of Transportation, hereinafter
referred to as the "Department," if accompanied by a letter from the
municipality requesting the permit.
G.
Permit application requirements.
(1)
To be considered complete, an application for a permit
for creation of a prohibited land use or vertical height development
within an airport hazard zone must include the following:
(a)
Copies of a completed airport hazard permit
application form. Copies of same are available in the Municipal Clerk's
office;
(b)
A letter from the municipal agency having jurisdiction
over the development requesting issuance of a permit by the Department,
together with a copy of conditional approval for development granted
by the municipal agency, if required;
(c)
A detailed statement of the hardship condition
necessitating the application for variance or relief, and a showing
that the public health, safety and welfare will not be harmed by the
creation of the prohibited land use or vertical height development;
(d)
Certification that the applicable airport owner(s)
or authority was notified of the permit application by registered
mail;
(e)
Submission of a nonrefundable permit application
fee of $75;
(f)
Submission of site plans, specifications and
construction drawings detailing the substance of the proposed development
for which a permit is sought. Site plans shall bear the raised seal
of a New Jersey licensed professional engineer, professional planner,
land surveyor or architect, as applicable, and shall show the location
of property lines, the location of runways, the boundaries of the
airport hazard zone, and elevations of proposed development showing
where and by what amount the development exceeds the minimum standards
for vertical development adopted under this chapter.
(2)
Applications for permits issued under the provisions
of this section and correspondence to the Department relating to the
provisions of this chapter should be forwarded to the following address:
New Jersey Department of Transportation
Division of Aeronautics
Air Safety and Hazardous Zoning Permits
1035 Parkway Avenue
CN 600
Trenton, New Jersey 08625
|
H.
Permit application decisions.
(1)
The Commissioner may take one of the following actions:
(a)
Approve the application as submitted. The applicant
will receive a permit which shall be effective during the same period
as the development approval granted by the municipal agency. The Department
will mail a copy of the permit to the applicant and the municipal
agency within five working days of the date of approval.
(b)
Deny the application. The Department will mail
a copy of the permit denial to the applicant and municipal agency
within five working days of the date of decision.
(c)
Phased or partial approval. Where conditions
warrant, the Commissioner may provide for a phased approval of an
application. The Commissioner may also approve part of an application
and deny the remainder. The nature of the approvals granted and the
denials shall be transmitted to the applicant and municipal agency
within five working days of the date of decision.
I.
Adoption of amendments or special standards by the
Commissioner. In the event that the Commissioner, under Section 5
of the Airport Safety Act of 1983, adopts an amendment or special
standard for any airport located within the Township of Ewing, based
upon a determination that local conditions require it, this chapter
shall be immediately automatically amended accordingly.
J.
Liability.
(1)
Violation of any provision of this chapter shall be
grounds for a fine, modification, suspension or revocation of any
license issued under Title 6 of the New Jersey Statutes Annotated.
(2)
The Commissioner or the Township may institute an
action in any violation of any provision of this chapter and, by way
of injunction or otherwise, relief from the court.
[Added 10-16-2018 by Ord.
No. 18-26; amended 12-10-2019 by Ord. No. 19-24]
A.
ACT
CANNABIS
CANNABIS BUSINESS or BUSINESS
CAREGIVER
CAREGIVER IDENTIFICATION CARD
MEDICAL CANNABIS CULTIVATOR OR CULTIVATION CENTER
MEDICAL CANNABIS DISPENSARY or DISPENSARY
MEDICAL CANNABIS MANUFACTURER OR MANUFACTURING FACILITY
MEDICAL USE OF CANNABIS
MMP IDENTIFICATION CARD
PARAPHERNALIA
PERMIT
PERMITTING AUTHORITY
QUALIFYING PATIENT or PATIENT
USABLE CANNABIS
VERTICAL INTEGRATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Jake Honig Compassionate Use Medical Cannabis Act, P.L.
2009, c. 307 (approved January 18, 2010), amended by P.L. 2019, c.
53 (approved July 2, 2019), codified at N.J.S.A. 24:6I-1 et seq.
The definition given to "marijuana," as provided in Section
2 of the New Jersey Controlled Dangerous Substances Act, P.L. 1970,
c. 226 (effective January 17, 1971), codified at N.J.S.A. 24:21-1
et seq.
An organization issued a permit by the Commission to operate
as a medical cannabis cultivator, medical cannabis manufacturer, or
medical cannabis dispensary. The terms "cannabis business" and "business"
shall also mean "medical cannabis alternative treatment center (ATC)"
or "alternative treatment center" as defined under the Act.
An institutional or designated caregiver, as defined in the
Act, who is authorized to assist with a registered qualifying patient's
medical use of cannabis.
The New Jersey Medical Marijuana Program Identification Card,
which identifies registered caregivers under the Act.
An organization issued a permit by the permitting authority
that authorizes the organization to: possess and cultivate cannabis
and deliver, transfer, transport, distribute, supply, and sell medical
cannabis and related supplies to other medical cannabis cultivators
and to medical cannabis manufacturers and dispensaries, as well as
to plant, cultivate, grow, and harvest medical cannabis for research
purposes. For the purposes of zoning, this shall include the building,
structure, or premises used for the cultivation or storage of medical
cannabis. A cultivation center may be physically separate and off-site
from an associated medical cannabis dispensary. When connected to,
or part of, the same property as a medical cannabis dispensary, the
cultivation center shall be considered part of the medical cannabis
dispensary.
An organization issued a permit by the permitting authority
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from medical cannabis cultivators; purchase or
obtain medical cannabis products and related supplies from medical
cannabis manufacturers; purchase or obtain medical cannabis, medical
cannabis products, and related supplies and paraphernalia from other
medical cannabis dispensaries; deliver, transfer, transport, distribute,
supply, and sell medical cannabis and medical cannabis products to
other medical cannabis dispensaries; furnish medical cannabis, including
medical cannabis products, to a medical cannabis handler for delivery
to a registered qualifying patient, designated caregiver, or institutional
caregiver consistent with the requirements of the Act; and possess,
display, deliver, transfer, transport, distribute, supply, sell, and
dispense medical cannabis, medical cannabis products, paraphernalia,
and related supplies to qualifying patients, designated caregivers,
and institutional caregivers. For the purposes of zoning, this shall
include the building, structure, or premises used for the dispensing
of medical cannabis.
An organization issued a permit by the permitting authority
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from a medical cannabis cultivator; purchase
or obtain medical cannabis products from another medical cannabis
manufacturer; produce, manufacture, or otherwise create medical cannabis
products; and possess, deliver, transfer, transport, distribute, supply,
and sell medical cannabis products and related supplies to other medical
cannabis manufacturers and dispensaries. For the purposes of zoning,
this shall include the building, structure, or premises used for the
manufacturing of medical cannabis products.
The acquisition, possession, transport or use of cannabis
or paraphernalia by a registered qualifying patient as authorized
by the Act.
The New Jersey Medical Marijuana Program Identification Card,
which identifies registered qualifying patients under the Act.
The definition as provided in N.J.S.A. 2C:36-1.
The documents issued by the permitting authority pursuant
to the Act granting the legal right to operate as a cannabis business.
The entity responsible for the regulation and enforcement
of activities associated with the medical use of cannabis. This shall
include the New Jersey Department of Health and the Cannabis Regulatory
Commission, established pursuant to Section 31 of P.L. 2019, c. 153
(N.J.S.A. 24:6I-24), which shall assume all powers, duties, and responsibilities
with regard to the regulation and oversight of activities authorized
pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) from the Department
of Health for the further development, expansion, regulation, and
enforcement of activities associated with the medical use of cannabis
pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.).
A resident of the State of New Jersey who has been authorized
for medical use of cannabis by a health care practitioner, and who
has been registered by the permitting authority as a registered qualifying
patient.
The dried leaves and flowers of cannabis and any mixture
or preparation thereof, but does not include the seed, stems, stalks,
or roots of the plant.
The collocation or combination of the following activities
related to the production of usable cannabis for qualifying patients
within a single corporate entity: cultivation, manufacturing, and
dispensing.
B.
Limitation on the number of cannabis businesses within the Township.
(1)
The number of dispensaries permitted within the Township is based
on population. A maximum of one dispensary shall be permitted for
every 12,000 people or fraction thereof. Population shall be determined
by the most recent data available from the U.S. Census Bureau and
the New Jersey Department of Labor, Bureau of Statistics.
(2)
The number of standalone cultivation centers and/or manufacturing
facilities permitted within the Township is based on population. A
maximum of one cultivation center and/or manufacturing facility shall
be permitted for every 12,000 people or fraction thereof. Population
shall be determined by the most recent data available from the U.S.
Census Bureau and the New Jersey Department of Labor, Bureau of Statistics.
(3)
No dispensary shall be located within 1,500 feet from any other dispensary,
which shall be measured from the subject property line to property
line.
(a)
Standalone cultivation centers and manufacturing facilities
are not included within this prohibition as long as the secured facility
does not contain a dispensary or have public access. Signage for the
cultivation center or manufacturing facility shall remain innocuous
and part of the general directional signage typically found in industrial
manufacturing facilities. Facade signs will be limited to those at
the point of entry to the facility and may not be more than six square
feet.
(4)
In the event more than one land use application for a dispensary
cultivation center or manufacturing facility of the same classification
are submitted to the Township in close proximity to one another, and
if the applications comply with all the requirements of this chapter
and the Act, the Township is not permitted to approve all of the applications
because of the limitations set forth in this subsection. The Township
shall first review for approval the application that was first submitted
and determined to be a complete and compliant application by the Township
Planner, or Zoning Officer.
C.
Permitted locations.
(1)
Dispensaries. Dispensaries shall be permitted to be located within
the following zones in accordance with this chapter and the Redevelopment
Plans where applicable. For all properties, adherence to the site
design standards of the Township Land Development Ordinances and Redevelopment
Plans through a review by the Zoning Official, Ewing Township Redevelopment
Agency, and the Township Planning Board where applicable, is required.
Issuance of zoning permit and/or site plan approval is required. Zones
permitted include:
(a)
Subarea 1 (SA-1);
(b)
Subarea 2 (SA-2);
(c)
Subarea 3 (SA-3) along Spruce Street frontage only;
(d)
Subarea 4 (SA-4) along street frontage only;
(e)
Subarea 5 (SA-5) along Olden Avenue frontage only;
(f)
Subarea 6 (SA-6) along Olden Avenue only;
(g)
Subarea 8 (SA-8) along Arctic Parkway only;
(h)
Town Center (TC); and
(i)
Professional Office (PRO) along River Road, Parkside Avenue,
and Pennington Road only.
(2)
Vertically integrated dispensaries, cultivation centers and manufacturing
facilities. Vertically integrated dispensaries, cultivation centers
and manufacturing facilities shall be permitted to be located within
the following zones in accordance with this chapter and the Redevelopment
Plans where applicable. For all properties, adherence to the site
design standards of the Township Land Development Ordinances and Redevelopment
Plans through a review by the Zoning Official, Ewing Township Redevelopment
Agency, and the Township Planning Board where applicable, is required.
Issuance of zoning permit and/or site plan approval is required. Zones
permitted include:
(3)
Additionally, vertically integrated dispensaries, cultivation centers
and manufacturing facilities must be located along major road frontages
including but not limited to: North Olden Avenue, Prospect Street,
Spruce Street, Arctic Parkway, Pennington Road, Parkside Avenue, Upper
Ferry Road, Scotch Road, and Calhoun Street/Princeton Avenue. The
retail component must be located on the frontage.
(4)
Standalone cultivation centers and manufacturing facilities. Standalone
cultivation centers and manufacturing facilities shall be permitted
to be located within the following zones in accordance with this chapter
and the Redevelopment Plans where applicable. For all properties,
adherence to the site design standards of the Township Land Development
Ordinances and Redevelopment Plans through a review by the Zoning
Official, Ewing Township Redevelopment Agency, and the Township Planning
Board where applicable is required. Issuance of zoning permit and/or
site plan approval is required. Zones permitted include:
(5)
Additionally, standalone cultivation centers and manufacturing facilities
are not permitted along major frontages of North Olden Avenue, Prospect
Street, Spruce Street, Arctic Parkway, Pennington Road, Parkside Avenue,
Calhoun Street/Princeton Avenue within these zones unless accompanied
by a retail dispensary or other active retail along the street frontage.
Such standalone facilities may be permitted if set back off these
roadways and screened by other land uses, or landscaping.
D.
Distance between dispensaries and schools. Dispensaries shall not
be located within a Drug-Free School Zone (within 1,000 feet of a
school property). Cultivation centers and manufacturing facilities
are not subject to this provision provided that the site is:
(1)
Not located directly on a major street frontage or immediately adjacent
to the site.
(2)
Secured in accordance with all applicable provisions as defined in the Act and outlined in Subsection J below.
(3)
No marketing or advertisement of the site within a Drug-Free School
Zone.
(4)
No signage other than directional or discrete building identification
shall be permitted; unusual odors, smells, fragrances or other olfactory
stimulants shall be prohibited; light pollution, glare or brightness
resulting from glow lamps must be 0.5 footcandle or less at the property
line, and noise beyond the decibel level permitted by Township noise
ordinances shall be prohibited.
E.
Restrictions on mobile facilities and delivery of cannabis products
to patients. Medical cannabis may be transferred or delivered, consistent
with the requirements of the Act. Mobile facilities shall not be permitted
unless expressly authorized under the Act or permitted by the permitting
authority.
F.
Operation. Dispensaries shall limit their hours of operation from
8:00 a.m. to 10:00 p.m., Monday to Sunday, or as otherwise provided
in the special use permit.
G.
Operation of multiple cannabis businesses at a single location; vertical
integration. A person may vertically integrate a dispensary, cultivation
center and manufacturing facility permitted by this section at a single
location as long as it is in full compliance with the requirements
of the Act and the Township Land Development Ordinances.
H.
Specific requirements for cannabis businesses.
(1)
The cultivation of cannabis shall not be permitted on exterior portions
of a lot. The cultivation, production or possession of cannabis within
a building or unit must not be perceptible from the exterior of the
building or unit from a street or residential use. Such use shall
adhere to the bulk standards of the underlying zoning.
(2)
Samples of cannabis products offered for sale may be displayed on
shelves, counters and display cases. All bulk cannabis products shall
be locked within a separate vault or safe, with no other items in
the safe, securely fastened to a wall or floor, as coordinated with
the Ewing Township Police Department and allowable under permitting
authority regulations and state legislation.
(3)
Dispensaries may sell cannabis "paraphernalia" as that term is defined in this section to registered qualifying patients only and shall be exempt from the prohibitions contained in other sections of Chapter 215 of the Land Development Ordinance.
(4)
You must have an active MMP Identification Card or Caregiver Identification
Card in order to enter any dispensary.
(5)
No person without an active MMP Identification Card or Caregiver
Identification Card is permitted to purchase or obtain medical cannabis,
or pick up a cannabis prescription.
(6)
Cannabis businesses must limit signage to text on external signage,
labeling, and brochures. Use of graphics shall be limited to the logo
for the business so long as it does not include a cannabis plant leaf
and outward glorification of cannabis consumption.
(7)
All Township sign regulations must be complied with.
(8)
Cannabis business signage shall not display on the exterior of the
facility or windows advertisements for medicinal cannabis or a brand
name except for purposes of identifying the building by the permitted
name.
(10)
In the event of a conflict between the Township bulk standards
and the Act or the permitting authority's regulations, the Township
shall consider the pertinent statute or regulation as justification
of any variance and/or design waiver.
I.
Security and reporting. Security systems must be in place, along
with a 24/7 recording system that records for a minimum thirty-day
archive. This system shall be shared with the Ewing Township Police
Department via web browser. Outside areas of the premises and the
perimeter shall be well lit. The Ewing Township Police Department
shall be provided the name and phone number of a staff person to notify
during suspicious activity during or after operating hours. Security
staff is required on the premises during all hours of operation. Additionally:
J.
Specific requirements for vertically integrated cannabis businesses.
If a dispensary is co-located with a cultivation center, the area
of the proposed premises utilized for cultivation shall be physically
separated from the area of the premises utilized for the dispensing
of medical cannabis and open to the public or to patients. Walls,
barriers, locks, signage and other means shall be employed to prevent
the public or patients from entering the area of the premises utilized
for cultivation of cannabis.
K.
No products to be visible from public places. Cannabis plants, products,
accessories, and associated paraphernalia contained in any cannabis
business shall not be visible from a public sidewalk, public street
or right-of-way, or any other public place. On-site storage of usable
cannabis shall comply with 21 CFR 1301.72.
L.
No beer or alcohol on premises. No fermented malt beverages and no
alcoholic beverages shall be kept, served or consumed on the premises
of a cannabis business.
M.
Storage of products. All products and accessories shall be stored
completely indoors and on-site in accordance with the Act and the
permitting authority regulations.
N.
Consumption of cannabis prohibited. No consumption or smoking of
any cannabis products shall be allowed or permitted on the premises
or adjacent grounds of a cannabis business.
O.
Storage of currency. All currency over $1,000 shall be stored within
a separate vault or safe, not used for the storage of medical cannabis,
securely fastened to a wall or floor, as approved by the Ewing Township
Police Department.
P.
Prevention of emissions and disposal of materials.
(1)
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances from exiting the cannabis business
premises shall be provided at all times. In the event that any debris,
dust, fluids or other substances shall exit the business premises,
the property owner and operator shall be jointly and severally responsible
for the full cleanup immediately.
(2)
Businesses shall properly dispose of all materials and other substances
in a safe and sanitary manner in accordance with state regulations.
(3)
As applicable, cannabis businesses shall be equipped with ventilation
systems with carbon filters sufficient in type and capacity to eliminate
cannabis odors emanating from the interior to the exterior of the
premises discernible by reasonable persons. The ventilation system
must be inspected and approved by the Construction Official.
(4)
If carbon dioxide will be used in any cultivation area, sufficient
physical barriers or a negative air pressure system shall be in place
to prevent carbon dioxide from moving into the ambient air, into other
units in the same building or into an adjacent building in a concentration
that would be harmful to any person, including persons with respiratory
disease and shall be inspected and approved by the Construction Official
and the Fire Marshall.
(5)
All state regulations concerning ventilation systems shall be followed.
Q.
Compliance with other codes. Any cannabis business and the adjacent
grounds of the cannabis business shall comply with all zoning, health,
building, fire, and other codes and ordinances of the Township as
shown by completed inspections and approvals by the Township Planner,
Construction Division, Fire Safety Division, and the Ewing Township
Health Department, if applicable.
R.
No harm to public health, safety or welfare. The premises of a cannabis
business, and any adjacent grounds thereto, shall be operated in a
manner that does not cause any substantial harm to the public health,
safety and welfare.
S.
Additional requirements. At the time a site plan approval is granted,
amended, or a major change to a cannabis business is approved, the
Township may impose on the applicant any condition related to the
proposed use that is reasonably necessary to protect the public health,
safety or welfare, not inconsistent with the permitting authority
requirements, including but not limited to the following:
(1)
Additional security requirements;
(2)
Limits and requirements on parking and traffic flows;
(3)
Requirements for walls, doors, windows, locks and fences on the premises
and adjacent grounds;
(4)
Limits on cannabis products that may be sold;
(5)
Requirements and limits on ventilation and lighting;
(6)
Limits on noise inside the licensed premises or on the adjacent grounds;
(7)
Prohibitions on certain conduct in the cannabis business;
(8)
Limits on hours of operation.
T.
Penalty for violation. Any violation of the provisions of this subsection
or the conditions of the zoning permit granted, by a cannabis business
shall be punishable by a civil fine of up to $1,000. Each day that
a violation is committed, exists or continues shall be deemed a separate
and distinct offense. In addition, any violation of the provisions
of this subsection, or any conditions imposed by the zoning permit
may result in the revocation of the zoning permit.
U.
Relationship to the Olden Avenue Redevelopment Plan, the Parkway
Avenue Redevelopment Plan and the Township Zoning and site plan standards.
To the extent any provisions of the Township redevelopment plans,
zoning and site plan standards conflict with this section, the provisions
and standards of this section shall control.