Township of Ewing, NJ Zoning District Regulations; Conditional Uses; Parking and Sign Requirements

Single-family detached dwelling units.

Farms and agricultural uses.

Golf courses.

Public parks, playgrounds and conservation areas.

Public safety facilities.

Cemeteries.

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]

Permitted accessory building and uses.

[Amended by Ord. No. 87-25; Ord. No. 1989-30; Ord. No. 97-12]

Attached and detached private garages and carports, not to exceed spaces for three vehicles.

Off-street parking facilities.

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]

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.

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.

Golf course related facilities and amenities as defined.

Private swimming pools and tennis courts in compliance with this chapter.

Fences, walls and hedges as regulated by § 215-63.

Signs are regulated by § 215-37.

Satellite dish or ham radio antennas in accordance with § 215-50.

Residential day-care houses.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses:

[Amended Ord. No. 1989-30; 2-27-2003 by Ord. No. 03-07]

Houses of worship.

Public and private schools.

Cluster development.

Accessory apartments.

Home professional office/home occupation.

Lot, area, yard, height and coverage requirements.

Principal building (required).

Lot area, corner lot: 22,500 square feet, minimum.

Lot area, interior lot: 18,750 square feet, minimum.

Lot frontage: 125 feet, minimum.

Lot width, corner lot: 150 feet, minimum.

Lot width, interior lot: 125 feet, minimum.

Lot depth: 125 feet, minimum.

Front yard: 50 feet, minimum.

Side yard, each: 20 feet, minimum.

Rear yard: 40 feet, minimum.

Height: 2 1/2 stories, not to exceed; 35 feet, maximum.

Accessory building.

Distance to principal building: 20 feet, minimum.

Distance to side lot line: 10 feet, minimum.

Distance to rear lot line: 10 feet, minimum.

Height: one story, not to exceed; 15 feet, maximum.

Coverage.

[Amended 3-18-2013 by Ord. No. 13-08]

Principal building: 15%.

Total impervious: 22%.

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:

Green technology and low-impact measures.

Bioretention cells.

Rain gardens.

Filter strips and riparian buffers.

Bioswales/biofiltration.

Porous pavers.

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.

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]

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

Variances commensurate with the character of the street a home is located on may be granted, such as those along major thoroughfares.

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.

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).

General requirements:

All buildings and uses shall be served by public water and sewerage.

All lots shall have concrete curb and sidewalks along all street frontages.

Not more than one principal building used as a single-family detached dwelling unit shall be located on a lot.

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.

Driveways, residential.

No driveway shall be located closer to a side or rear property line than 10 feet. Side entry garages are encouraged.

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.

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.

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.

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.

Each driveway shall have a sight triangle as defined in Article VII.

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.

Parking on rental premises.

[Added 1-25-2005 by Ord. No. 05-07]

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.

Failure to provide for one off-street parking space for every licensed driver residing in a rental premises shall be a violation of the Ewing Township Zoning Ordinance and of the Landlord Licensing Ordinance of Chapter 284, Article II, of the Ewing Township Code.

Parking accommodations for greater than four vehicles must be screened from the street and surrounding properties.

All total parking accommodations must conform to the Ewing Township Land Development Ordinance, including impervious surface coverage requirements.

Prohibited uses:

[Added 3-18-2013 by Ord. No. 13-08]

Boardinghouses.

Roominghouses.

§ 215-15 R-2 Residential District, Single-Family Detached.

Permitted principal uses.

Single-family detached dwelling units.

Public parks, playgrounds and conservation areas.

Public safety facilities.

Cemeteries.

[Amended 2-27-2003 by Ord. No. 03-07]

Permitted accessory uses.

[Amended by Ord. No. 87-25; Ord. No. 1989-30; Ord. No. 97-12]

Attached and detached private garages and carports, not to exceed space for three vehicles.

Off-street parking facilities.

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]

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.

Private swimming pools and tennis courts in compliance with this chapter.

Fences, walls and hedges as regulated by § 215-63.

Signs as regulated by § 215-37.

Satellite dish or ham radio antennas in accordance with § 215-50.

Residential day-care houses.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses:

[Amended by Ord. No. 1989-30; 2-8-2000 by Ord. No. 00-022-27-2003 by Ord. No. 03-07]

Houses of worship.

Public and private schools.

Cluster development.

Accessory apartments.

Home professional office/home occupation.

Lot, area, yard, height and coverage requirements.

Principal building (required).

Lot area, corner lot: 12,100 square feet, minimum.

Lot area, interior lot: 10,000 square feet, minimum.

Lot frontage: 80 feet, minimum.

Lot width, corner lot: 110 feet, minimum.

Lot width, interior lot: 80 feet, minimum.

Lot depth: 110 feet, minimum.

Front yard: 40 feet, minimum.

Side yard, each: 10 feet, minimum.

Rear yard: 35 feet, minimum.

Height: 2 1/2 stories, not to exceed; 35 feet, maximum.

Accessory building.

Distance to principal building: 20 feet, minimum.

Distance to side lot line: five feet, minimum.

Distance to rear lot line: five feet, minimum.

Height: one story, not to exceed; 15 feet, maximum.

Coverage.

[Amended 3-18-2013 by Ord. No. 13-08]

Principal building: 18%.

Total impervious: 26%.

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:

Green technology and low-impact measures.

Bioretention cells.

Rain gardens.

Filter strips and riparian buffers.

Bioswales/biofiltration.

Porous pavers.

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%

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]

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

Variances commensurate with the character of the street a home is located on may be granted, such as those along major thoroughfares.

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.

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).

General requirements.

All buildings and uses shall be served by public water and sewerage.

All lots shall have concrete curb and sidewalks along all street frontages.

Not more than one principal building used as a single-family detached dwelling unit shall be located on a lot.

Driveways, residential.

No driveway shall be located closer to a side or rear property line than six feet.

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.

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.

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.

Each driveway shall have a sight triangle as required in Article VII.

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.

Parking on rental premises.

[Added 1-25-2005 by Ord. No. 05-07]

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.

Parking accommodations for greater than four vehicles must be screened from the street and surrounding properties.

All total parking accommodations must conform to the Ewing Township Land Development Ordinance, including impervious surface coverage requirements.

Prohibited uses:

[Added 3-18-2013 by Ord. No. 13-08]

Boardinghouses.

Roominghouses.

§ 215-16 R-3 Residential District, Single-Family Detached.

Permitted principal uses.

Single-family detached dwelling units.

Public parks, playgrounds and conservation areas.

Public safety facilities.

[Added 2-27-2003 by Ord. No. 03-07]

Permitted accessory uses.

[Amended by Ord. No. 87-25; Ord. No. 97-12]

Attached and detached private garages and carports not to exceed space for three vehicles.

Off-street parking facilities.

[Amended 3-12-2002 by Ord. No. 02-07]

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.

Private swimming pools and tennis courts in compliance with Article V.

Fences, walls and hedges as regulated by § 215-63.

Signs as regulated by § 215-37.

Satellite dish or ham radio antennas in accordance with § 215-50.

Residential day-care houses.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses.

[Amended by Ord. No. 1989-30; 2-8-2000 by Ord. No. 00-02; 2-27-2003 by Ord. No. 03-07]

Houses of worship.

Public and private schools.

Accessory apartments.

Home professional office/home occupation.

Lot, area, yard, height and coverage requirements.

Principal buildings (required).

Lot area, corner lot: 10,000 square feet, minimum.

Lot area, interior lot: 7,500 square feet, minimum.

Lot frontage: 75 feet, minimum.

Lot width, corner lot: 100 feet, minimum.

Lot width, interior lot: 75 feet, minimum.

Lot depth: 90 feet, minimum.

Front yard: 25 feet, minimum.

Side yard, each: 10 feet, minimum.

Rear yard: 25 feet, minimum.

Height: 2 1/2 stories, not to exceed; 35 feet, maximum.

Accessory building.

Distance to principal building: 15 feet, minimum.

Distance to side lot line: five feet, minimum.

Distance to rear lot line: five feet, minimum.

Height: one story, not to exceed; 15 feet, maximum.

Coverage.

[Amended 3-18-2013 by Ord. No. 13-08]

Principal building: 23%.

Total impervious: 30%.

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;

Green technology and low-impact measures.

Bioretention cells.

Rain gardens.

Filter strips and riparian buffers.

Bioswales/biofiltration.

Porous pavers.

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%

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]

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

Variances commensurate with the character of the street a home is located on may be granted, such as those along major thoroughfares.

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.

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).

General requirements.

All buildings and uses shall be served by public water and sewerage.

All lots shall have concrete curb and sidewalks along all street frontages.

Not more than one principal building used as a single-family detached dwelling unit shall be located on a lot.

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.

Driveways, residential.

No driveway shall be located closer to a side or rear property line than three feet.

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.

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.

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.

Each driveway shall have a sight triangle as required in Article VII.

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.

Parking on rental premises.

[Added 1-25-2005 by Ord. No. 05-07]

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.

Failure to provide for one off-street parking space for every licensed driver residing in a rental premises shall be a violation of Chapter 284, Article II, Licensing and Registration, of the Ewing Township Code.

Parking accommodations for greater than four vehicles must be screened from the street and surrounding properties.

All total parking accommodations must conform to this chapter, including impervious surface coverage requirements.

Prohibited uses.

[Added 3-18-2013 by Ord. No. 13-08]

Boardinghouses.

Roominghouses.

§ 215-17 RM Residential Multifamily District.

Permitted principal uses.

Garden apartments or apartments regulated by a condominium regime and homeowners' association or rental units.

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]

Encourage the preservation and protection of stream corridors, steep slopes, wooded tracts and other critical areas;

Reduce the amount of required infrastructure improvements associated with nonclustered multifamily development;

Accommodate vertical building orientations while acknowledging the desire for substantial dwelling unit sizes and interior common building areas; and

Not increase the maximum permitted density as set forth in § 215-17D(9).

Cemeteries.

[Added 10-10-2000 by Ord. No. 00-26]

Townhouse.

[Added 5-23-2006 by Ord. No. 06-18]

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]

Lots to contain commercial/retail uses shall be located at their closest lot line within 1,000 feet of the interchange of Bear Tavern Road and Interstate 1-95 depicted, which parcels are identified on the attached map.[1]

Editor’s Note: Said map is on file in the Township offices.

Bulk standards for commercial/retail uses in the RM District shall be as follows:

Lot area: five acres minimum.

Lot frontage: 150 feet minimum.

Front yard: 75 feet minimum prior to dedications.

Side yard: 25 feet/50 feet both.

Rear yard: 35 feet.

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.

Total land coverage: buildings and structures not to exceed 30%.

Total impervious surface lot coverage: not to exceed 80%.

Permitted accessory buildings and uses.

Off-street parking facilities.

Active and passive recreational areas.

Management offices within an apartment building.

Fences, walls and hedges as regulated by ordinance.

Signs as regulated by § 215-37.

Other uses customarily incidental to the permitted principal use.

Accessory uses for commercial/retail uses shall be permitted as follows:

[Added 7-26-2011 by Ord. No. 11-17]

Off-street parking facilities.

Fences, walks and hedges as regulated by ordinance.

Signs as regulated by ordinance.

Other uses and structures customarily incidental to the permitted principal use.

Accessory uses and structures and public and municipal utility facilities can be located within any setback.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses:

Solar energy systems.

[Added 9-12-2017 by Ord. No. 17-23]

Lot, area, yard, height, density and coverage requirements.

Lot area: five acres, minimum.

Lot frontage: 300 feet, minimum.

Lot width: 300 feet, minimum.

Lot depth: 500 feet, minimum.

Front yard: 50 feet, minimum.

Side yard, each: 50 feet, minimum.

Rear yard: 50 feet, minimum.

Height.

[Amended 5-23-2006 by Ord. No. 06-18]

Apartments: three stories, not to exceed 45 feet, maximum.

Townhouses: three stories, not to exceed 45 feet, maximum.

Density, gross.

[Amended 5-23-2006 by Ord. No. 06-18]

Apartments: 10 dwelling units per acre, maximum.

Townhouses: 15 dwelling units per acre, maximum.

Distance between building parking areas and public and private streets:

Building front wall to building front wall: 100 feet, minimum.

End wall to end wall: 30 feet, minimum.

Rear wall to rear wall: 60 feet, minimum.

End wall to building front wall: 30 feet, minimum.

End wall to rear wall: 40 feet, minimum.

Building front wall to parking lot curb: 20 feet, minimum.

Any rear or end wall to parking lot curb: 15 feet, minimum.

Any building wall to private street curb: 25 feet, minimum.

Any building wall to public street right-of-way: 50 feet, minimum.

Building coverage: 15%, maximum.

Lot coverage, total: 35%, maximum.

Open space: 50%, minimum.

General requirements.

The following are the general requirements of the Residential Multifamily District.

Access. All multifamily developments shall have access to an arterial, primary or secondary collector road, as defined.

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:

A traffic engineering impact analysis to determine the adequacy of existing streets and intersections in the immediate vicinity of the development and the effect of the additional traffic on the surrounding area.

An environmental impact statement.

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.

Underground wiring. All wiring servicing the development and its accessory uses shall be underground.

Street, private. As defined by ordinance, shall contain a minimum twenty-two-foot cartway measured between curbs.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Maximum units per building. Not more than 12 units shall be contained in any one continuous building.

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.

Requirements for commercial/retail uses:

[Added 7-26-2011 by Ord. No. 11-17]

Principal buildings.

A lot may contain more than one principal building.

Any one principal building may contain any number and combination of permitted uses.

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.

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.

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.

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:

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.

A technical subdivision may not substantially modify or otherwise adversely impact on the integrity of a previously approved development plan.

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.

Parking.

Parking shall be permitted within the area between the front yard line and the street line.

Parking is permitted within the front, side and rear yard setbacks.

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.

Minimum parking stall size shall be nine feet by 18 feet and twenty-four-foot aisle width throughout.

Loading shall be permitted in side or rear yards only.

Four parking spaces shall be provided for each 1,000 square feet of gross leasable floor area of commercial/retail use.

For each restaurant, fast food or otherwise, one parking space shall be required for every two seats, plus one per employee.

Signage.

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.

Monument signs. One per entrance, not to exceed 12 feet in height and 200 square feet in size.

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.

Directional signs. Directional signs shall be permitted in accordance with the following:

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.

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.

The number and location of directional signs shall be determined by the Planning Board.

Flagpoles. Each building shall be allowed a maximum of three flagpoles, not to exceed 40 feet in height, which may be illuminated.

Pylon, monument and/or directional signs shall be permitted within 10 feet of a lot line.

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.

Parking. In addition to all other requirements of § 215-36 of this chapter, the following regulations shall apply;

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.

No off-street parking area shall be located within any required tract yard.

No parking shall be permitted on any street, road, thoroughfare or parking aisles, whether public or private.

Construction, design, lighting, screening and landscaping of parking facilities shall conform with the provisions of this chapter.

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.

Freestanding multiple garages are not permitted.

Fences, walls and hedges.

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.

The following fences, walls and hedges are permitted:

Patios or terrace. No fence, wall or hedge shall be higher than five feet and may be installed in rear yards only.

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.

Tennis court. Fences for tennis courts shall be not lower than 10 feet nor higher than 12 feet.

Other fences, walls or hedges. Other fences, walls or hedges which may be customarily used in a multifamily apartment development.

Signs. In addition to all other requirements of § 215-37, the following regulations shall apply:

All signs shall be harmonious and consistent with the theme or architectural concept of the development.

The following signs are permitted:

Ground sign. Only one ground sign shall be permitted along each street frontage; provided, however:

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.

The sign shall display only the name of the development.

The sign shall be set back a minimum of 15 feet from any street right-of-way.

All signs shall be located in a manner which will not interfere with the safe and efficient flow of pedestrian and vehicular traffic.

No sign shall be located within any sight triangle or sight easement.

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.

Illuminated signs shall not adversely affect adjacent or opposite side of street properties, the traveling public or residents of the development.

Each sign location shall be designed by a landscape architect in a manner which is satisfactory to the Board.

Real estate signs. Temporary real estate signs advertising the sale or rental of dwelling units during construction are permitted, subject to the following;

Not more than two signs shall be permitted for each street frontage.

No sign shall be closer to a street right-of-way than 15 feet.

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.

Illuminated real estate signs are not permitted.

All signs shall be attractively designed and landscaped in a manner satisfactory to the Board.

No sign shall exceed an area of 32 square feet or exceed a height of 10 feet.

All real estate signs shall be removed within 15 days after the sale or rental of all units.

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.

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.

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.

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]

Lot area, yard, height, density and coverage requirements shall be the same as for the RM District (see § 215-17D), except for the following:

Lot area: 10 acres, minimum.

Height: three stories, not to exceed; 45 feet, maximum.

Distances between building, parking areas and public and private streets.

End wall to rear wall: 30 feet, minimum.

Any building wall to private street curb: 20 feet, minimum.

General requirements shall be the same as for the RM District (§ 215-17E), except for the following modifications:

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.

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.

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.

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.

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.

Access to units. Each unit may have its entrance door along a common hallway.

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.

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.

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.

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.

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.

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:

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.

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.

§ 215-17A R-ME Residential-Multifamily Elevator Apartments District.

[Added 5-11-2004 by Ord. No. 04-08]

Permitted principal uses.

Apartments in elevator buildings regulated by a condominium association or rental units.

Apartments in nonelevator buildings not exceeding three stories in height.

[Added 5-23-2006 by Ord. No. 06-18]

Permitted accessory buildings and uses.

Active and passive recreational areas.

Off-street parking facilities.

Management offices within an apartment building or separate clubhouse building.

Signs, fences, walls and hedges as regulated herein.

Clubhouse to serve the management and recreational needs of the development.

Other uses customarily incidental to the permitted principal uses.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses: none.

Lot area and bulk standards.

Lot area: 10 acres, minimum.

Lot frontage: 300 feet, minimum.

Lot width: 300 feet, minimum.

Lot depth: 500 feet, minimum.

Front yard: 75 feet to building wall, minimum.

Side yard, each: 50 feet to building wall, minimum.

Rear yard: 50 feet to building wall, minimum.

Building height: four stories, not to exceed 65 feet, maximum.

Density, gross: 13.5 dwelling units per acre.

Distance between building, parking areas and public and private streets.

Building front wall to building front wall: 200 feet, minimum.

End wall to end wall: 50 feet, minimum.

Rear wall to rear wall: 100 feet, minimum.

End wall to building front wall: 50 feet, minimum.

End wall to rear wall: 50 feet, minimum.

Building front wall to parking lot curb: 25 feet at entrance, 20 feet at building corner, minimum.

Any rear or end wall to parking lot curb: 15 feet, minimum.

Any building wall to private street curb: 25 feet, minimum.

Any building wall to public street right-of-way: 50 feet, minimum.

Building coverage: 18%, maximum.

Lot coverage, total: 50%, maximum.

Open space: 50%, minimum.

Lot area and bulk standards.

The following are the general requirements of the Residential-Multifamily Apartments District.

Site plan. A site plan in accordance with Article VIII, Development Application Review Procedures, and Article VI, Development Design Standards, of this chapter shall be submitted to the Planning Board for approval.

Access. All multifamily apartment developments shall have access to an arterial, primary or secondary collector road, as defined in the Township's Master Plan.

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.

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.

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.

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.

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.

Building design. Design of multifamily structures shall include balconies or other architectural features so as to provide breaks in a linear plane.

Maximum units per building floor. Not more than eight units shall be contained on any one floor in a multifamily building.

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.

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.

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.

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.

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.

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.

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.

(q)

Fences, walls and hedges. All fences, walls, and hedges shall conform to § 215-36 of this chapter.

(r)

Signs. All signs shall be harmonious and consistent with the theme of the architectural concept for the development. The permitted types of signs and design standards shall conform to the requirements contained in § 215-17H of this chapter.

§ 215-18 R-TH Residential Multifamily Townhouse District.

Permitted principal uses.

Townhouses.

Single-family detached dwellings in accordance with the standards of the R-1 Zone District.

Permitted accessory buildings and uses.

Attached and detached private garages and carports.

Accessory buildings and uses as permitted in the RM Residential Multifamily Zone District.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses:

Solar energy systems.

[Added 9-12-2017 by Ord. No. 17-23]

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

General requirements.

A thorough and detailed traffic engineering impact analysis to determine the adequacy of existing streets and intersections in the immediate vicinity of the development and the effect of the additional traffic on the environs and surrounding areas.

A comprehensive economic impact analysis.

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.

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.

Street, private. As defined by ordinance, may contain a minimum twenty-two-foot cartway measured either between curbs or at the edges of pavement.

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.

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.

Underground wiring. All wiring servicing the development and its accessory uses shall be underground.

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.

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.

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°.

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.

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.

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.

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.

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.

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.

Parking.

No off-street parking area shall be located within any required tract yard.

No parking shall be permitted on any street, road, thoroughfare or parking aisles, whether public or private.

Construction, design, lighting, screening and landscaping of parking facilities shall conform with the provisions of this chapter.

No parking space shall be situated closer to any dwelling unit than 12 feet except where the space is allocated within a unit garage.

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.

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.

A minimum of 80% of all townhouse units shall have garages.

All garage doors shall be equipped with electrical garage door controls.

Freestanding multiple garages are not permitted.

Fences and walls.

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.

The following fences and walls are permitted:

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.

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.

Other fences and walls. Other fences and walls which may be customarily used in a townhouse development.

Signs.

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.

The following signs are permitted:

Ground sign. Only one ground sign shall be permitted along each 500 feet of street frontage; provided, however:

Not more than two ground signs shall be permitted for each street frontage regardless of the length of frontage.

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.

The sign shall display only the name of the development.

The sign shall be set back a minimum of 15 feet from any street right-of-way.

All signs shall be located in a manner which will not interfere with the safe and efficient flow of pedestrian and vehicular traffic.

No sign shall be located within any sight triangle or sight easement.

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.

Illuminated signs shall not adversely affect adjacent or opposite side of street properties, the traveling public or residents of the development.

Each sign location shall be designed by a landscape architect in a manner which is satisfactory to the Board.

Real estate signs. Temporary real estate signs advertising the sale of dwelling units during construction are permitted, subject to the following:

Not more than two signs shall be permitted for each frontage.

No sign shall be closer to a street right-of-way than 15 feet.

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.

Illuminated real estate signs are not permitted.

All signs shall be attractively designed and landscaped in a manner satisfactory to the Board.

No sign shall exceed an area of 32 square feet or a height of five feet.

All real estate signs shall be removed within 15 days after the sale of all units.

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.

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.

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.

Homeowners' association.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

§ 215-19 B-N Neighborhood Business Zone.

Permitted principal uses.

[Amended by Ord. No. 1991-22; Ord. No. 1993-22; Ord. No. 1994-3]

Permitted principal uses in the R-3 Zone District in accordance with the regulations of that zone district.

Bakery and bakery goods store.

Banks and fiduciary institutions.

Barber or beauty shop.

Book, stationary or gift store.

Candy store and/or fountain.

Child-care center.

Clothes cleaning agency, pressing or repairing establishment.

Custom dressmaking, millinery and tailoring.

Clothing (new) and dry goods store.

Dancing studio.

Delicatessen store.

Dress shop.

Drugstore.

Existing gasoline service stations.

Florist.

Hardware store.

Household appliance store.

Ice cream store.

Interior decorating business.

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.

Shoe repair shop.

Studio, artist's.

Tailor shop.

Upholstery shop and furniture refinishing.

(38)

Combination of two or more compatible uses permitted within one unit.

Permitted accessory buildings and uses.

Off-street parking facilities.

Fences, walls and hedges as regulated by § 215-63.

Signs as regulated by ordinance.

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.

Other uses customarily incidental to the permitted principal use.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses.

[Amended by Ord. No. 1989-30; 2-8-2000 by Ord. No. 00-02]

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.

Neighborhood shopping centers.

Solar energy systems.

[Added 9-12-2017 by Ord. No. 17-23]

Residential mixed-use housing/commercial rooming structures.

[Added 8-14-2018 by Ord. No. 18-20]

Cannabidiol (CBD) store, retail sales.

[Added 10-25-2022 by Ord. No. 22-17]

Bulk requirements.

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.

Accessory building.

Distance to side lot line: five feet, minimum.

Distance to rear lot line: five feet, minimum.

Height: one story, not to exceed; 15 feet, maximum.

Building size and lot coverage.

No single use shall exceed 2,400 square feet in gross floor area.

Total impervious surface lot coverage shall not exceed 75%.

General requirements.

[Amended by Ord. No. 1993-22; Ord. No. 1994-3]

All buildings and uses shall be served by public water and sewage.

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.

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.

Landscaping. Those portions of all yards not used for parking, loading, unloading and service shall be planted and maintained at all times.

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.

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.

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.

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.

§ 215-20 B-H Highway Business Zone.

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]

Antique store;

Art gallery;

Automobile showroom, new vehicles;

Automobile parts store;

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;

Automobile upholstery shop;

Automobile parking lot for private passenger vehicles but not for storage of used vehicles for sale;

Awning or canvas store;

Bakery and bakery goods store;

Banks and fiduciary institutions;

Barber or beauty shop;

Beverages, retail or wholesale distribution of;

Bicycle sales, rental or repair;

Book, stationery or gift store;

Blueprinting establishment;

Bowling alley;

Business college;

Cabinet and woodworking shop;

Candy store and/or fountain;

Catering establishment;

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;

Dancing studio;

Delicatessen store;

Department store;

Dress shop;

Drugstore;

Equipment rental and sales;

(31)

Electrical shop or contractor;

Exhibition building;

Florist;

Frozen food locker;

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;

Shoe repair shop;

Sign shop;

Studio, artist's;

Tailor shop;

Taxidermist;

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.

Permitted accessory buildings and uses.

Permitted accessory buildings and uses in the B-N Zone District.

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.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses.

[Amended by Ord. No. 1989-30; Ord. No. 97-12; 2-8-2000 by Ord. No. 00-02]

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.

Community shopping centers and regional shopping centers.

Cellular telecommunications facilities.

Solar energy systems.

[Added 9-12-2017 by Ord. No. 17-23]

Residential mixed-use housing/commercial rooming structures.

[Added 8-14-2018 by Ord. No. 18-20]

Body painting studios, body piercing, head shop, and tattoo businesses.

[Added 10-25-2022 by Ord. No. 22-17]

Pawnshops, check cashing, secondhand goods dealers, and bail bonds.

[Added 10-25-2022 by Ord. No. 22-17]

Ancillary sale, smoking paraphernalia and tobacco-related products.

[Added 10-25-2022 by Ord. No. 22-17]

Cannabidiol (CBD) store, retail sales.

[Added 10-25-2022 by Ord. No. 22-17]

Bulk requirements.

Principal building.

Lot area, corner lot: 22,500 square feet, minimum.

Lot area, interior lot: 20,000 square feet, minimum.

Lot width, corner lot: 150 feet, minimum.

Lot width, interior lot: 100 feet, minimum.

Front yard: 85 feet, minimum.

Side yard, each: 12 feet, minimum.

Rear yard: 12 feet, minimum.

Height: three stories, not to exceed; 40 feet, maximum.

Accessory building.

Distance to side lot line: five feet, minimum.

Distance to rear lot line: five feet, minimum.

Height: one story, not to exceed; 15 feet, maximum.

Lot coverage.

Total impervious surface lot coverage shall not exceed 75%.

General requirements.

[Amended by Ord. No. 1993-22; Ord. No. 1994-3]

All buildings and uses shall be served by public water and sewage.

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.

Landscaping. Those portions of all yards not used for parking, loading, unloading and service shall be planted and maintained at all times.

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.

Entrances and exits.

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.

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.

§ 215-21 PRO Professional, Research, Office Zone.

Permitted principal uses.

[Amended by Ord. No. 1991-22; Ord. No. 1993-22; Ord. No. 1994-3]

Laboratory serving medical requirements.

Museum, library and other cultural facilities of a similar nature.

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.

Office buildings for physicians, dentists, lawyers, ministers of religion, engineers, architects or other related professional uses, real estate and insurance brokers.

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.

Scientific research laboratory or other experimental, testing or research establishment, including applied engineering research such as product development, provided that:

No processing shall be permitted except insofar as such processing is incidental to an experiment, research or testing process.

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.

Existing gasoline service stations.

Child-care center.

Permitted accessory buildings and uses.

Permitted accessory buildings and uses in the B-N Zone District.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses.

[Amended by Ord. No. 97-12]

Cellular telecommunications facilities.

Bulk requirements.

Principal building.

Lot area, corner lot: 22,500 square feet, minimum.

Lot area, interior lot: 20,000 square feet, minimum.

Lot width, corner lot: 150 feet, minimum.

Lot width, interior lot: 100 feet, minimum.

Front yard: 50 feet, minimum.

Side yard, each: 12 feet, minimum.

Rear yard: 40 feet, maximum.

Height: three stories, not to exceed; 40 feet, maximum.

Accessory building.

Distance to side lot line: 15 feet, minimum.

Distance to rear lot line: 15 feet, minimum.

Height: one story, not to exceed; 15 feet, maximum.

Lot coverage.

Total building coverage shall not exceed 35% of total lot area.

Total impervious lot coverage shall not exceed 75% of total lot area.

General requirements.

[Amended by Ord. No. 1993-22; Ord. No. 1994-3]

All buildings and uses shall be served by public water and sewage.

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.

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.

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.

Landscaping. Those portions of all yards not used for parking, loading, unloading and service shall be planted and maintained at all times.

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.

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.

Conservation. Existing woodlands, windbreaks and watersheds shall be preserved as far as the standards of good conservation practice require.

§ 215-22 OP-1 Office Park Zone.

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]

Office facilities occupied by a single company or affiliated members of a single entity, which does not include separate offices for rent or lease.

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.

Child-care center.

Planned developments, subject to the requirements of § 215-29.

Permitted accessory buildings and uses.

Any accessory use on the same lot which is customarily incidental to the principal permitted use.

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.

Recreational areas for employees, indoors and outdoors.

Accommodations for caretakers or watchmen and their families.

Off-street parking facilities.

Garages and storage buildings.

Fences and walls.

Signs.

Temporary construction trailers.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses.

[Amended by Ord. No. 97-12]

Cellular telecommunications facilities.

Solar energy systems.

[Added 9-12-2017 by Ord. No. 17-23]

Area, yard, height and coverage requirements.

Principal building. Minimum requirements:

Lot area in acres: 20 acres.

Lot frontage: 500 feet.

Lot width: 500 feet.

Lot depth: 500 feet.

Front yard: 150 feet.

Rear yard: 100 feet.

Side yard, each: 100 feet.

Maximum height: two stories, not exceeding; 35 feet.

Coverage. Maximum requirements:

Building coverage of principal and accessory buildings consisting of one story shall not exceed 13% of total lot area.

Building coverage of principal and accessory building consisting of two stories shall not exceed 6.5% of total lot area.

Total lot coverage shall not exceed 40%.

Accessory buildings. All accessory buildings shall comply with yard requirements of the principal building.

General requirements.

[Amended by Ord. No. 1989-30; Ord. No. 1993-22; Ord. No. 1994-3]

Road frontage. All developments must have access to an approved primary or secondary road.

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.

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.

Buildings. No lot may contain more than one principal building, and a principal building may contain no more than one use or organization.

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.

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.

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.

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.

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.

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.

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.

Parking standards.

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.

No off-street parking facility or driveway shall be located within required side and rear yards.

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.

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.

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.

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.

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.

Storage of tractor-trailers, etc. The storage of tractor-trailers, panel trucks, trucks and similar vehicles shall be prohibited.

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.

§ 215-23 OP-2 Office Park Zone.

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]

Office buildings for corporate groups; executive, administrative, educational or professional services.

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.

Child-care center.

Planned developments, subject to the requirements of § 215-29.

Affordable housing planned residential development pursuant to the requirements of § 215-51.

[Added 4-24-2001 by Ord. No. 01-08]

Permitted accessory uses.

Permitted accessory buildings and uses in the OP-1 Zone District.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses.

[Amended by Ord. No. 97-12]

Cellular telecommunications facilities.

Solar energy systems.

[Added 9-12-2017 by Ord. No. 17-23]

Area, yard, height and coverage requirements.

Principal building. Minimum requirements:

Lot area in acres: five acres.

Lot frontage: 250 feet.

Lot width: 300 feet.

Lot depth: 300 feet.

Front yard: 75 feet.

Rear yard: 50 feet.

Side yard: 50 feet.

Maximum height: three stories, not to exceed; 40 feet.

Coverage, maximum requirements.

Total impervious coverage: 50%.

Accessory buildings. All accessory buildings shall comply with the yard requirements of the principal building.

Floor area ratio: 20%.

General requirements.

[Amended by Ord. No. 19-1987; Ord. No. 1989-30; Ord. No. 1993-4;Ord. No. 1993-22]

Road frontage. All development must have access to an approved primary or secondary road.

Buildings. A lot may contain more than one principal building, and a principal building may contain more than one use or organization.

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.

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.

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.

Parking standards.

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.

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.

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.

Storage of tractor-trailers, etc. The storage of tractor-trailers, panel trucks, trucks and similar vehicles shall be prohibited.

§ 215-24 OP-3 Office Park Zone.

[Amended by Ord. No. 1989-30; Ord. No. 1993-22; Ord. No. 1994-3; Ord. No. 97-12]

Permitted principal uses.

[Amended by Ord. No. 1993-22; Ord. No. 1994-3]

Office buildings for corporate groups; executive, administrative, educational or professional services.

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.

Child-care center.

Permitted accessory buildings and uses.

Permitted accessory buildings and uses in the OP-1 Zone District.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses.

[Amended by Ord. No. 97-12]

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.

Solar energy systems.

[Added 9-12-2017 by Ord. No. 17-23]

Area, yard, height and coverage requirements.

Principal building, minimum requirements.

Lot area: (interior lot) 30,000 square feet; (corner lot) 40,000 square feet.

Lot frontage: 150 feet.

Lot width: (interior lot) 150 feet; (corner lot) 200 feet.

Lot depth: 150 feet.

Front yard: 50 feet.

Rear yard: 50 feet.

Side yard: 20 feet.

Maximum height: three stories, not to exceed; 40 feet.

Coverage, maximum requirements. Total impervious coverage: 60%.

Accessory buildings.

All accessory building shall comply with the yard requirements of the principal building.

Floor area ratio: 25%.

General requirements.

[Amended by Ord. No. 1989-30; Ord. No. 1993-22; Ord. No. 1994-3]

Road frontage. All development must have access to an approved primary or secondary road.

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.

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.

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.

Parking and loading standards.

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.

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.

Storage of tractor-trailers, etc. The storage of tractor-trailers, panel trucks, trucks and similar vehicles shall be prohibited.

§ 215-25 IP-1 Industrial Park Zone.

Permitted principal uses.

[Amended by Ord. No. 1993-22; Ord. No. 1994-3; 3-31-2000 by Ord. No. 00-08]

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]

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.

Office buildings.

[Amended 7-14-2009 by Ord. No. 09-12]

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.

Hospital for small animals (dogs, cats and the like) including kennel, provided yards are enclosed.

Farm uses, such as agricultural, horticultural, harvesting, processing, freezing, etc. Repair and maintenance of farm buildings and equipment.

Combinations of two or more compatible uses permitted within one unit.

Public safety facilities.

Child-care center.

Planned developments, subject to the requirements of § 215-29.

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]

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.

[1]Indoor recreational facilities and health clubs.

[Added 7-14-2009 by Ord. No. 09-12]

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.

Multiple permitted uses.

[Added 7-14-2009 by Ord. No. 09-12]

Permitted accessory buildings and uses.

[Amended by Ord. No. 1989-30]

Off-street parking facilities.

Fences, walks and hedges as regulated by ordinance.

Signs as regulated by ordinance.

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]

Recreational areas and parks, provided the facility is owned and operated by an industry situated within the Industrial Park District.

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.

Other uses customarily incidental to the permitted principal use.

Accessory uses for highway business hotels shall be permitted as follows:

[Added 11-28-2000 by Ord. No. 00-30]

Off-street parking facilities.

Fences, walks and hedges as regulated by ordinance.

Signs as regulated by ordinance, except as modified by § 215-25E.

Exercise facilities.

Business services, such as Internet access, fax, copier, personalized voice mail, and meeting rooms.

Vending areas, limited-service dining and food pantry/preparation areas, restaurant designed primarily to serve occupants of the hotel.

Limited recreation facilities, such as a swimming pool and sports court.

Other uses customarily incidental to the permitted principal use.

Day care.

[Added 4-13-2021 by Ord. No. 21-04[2]]

Editor's Note: This ordinance also renumbered former Subsection B(10) as Subsection B(11).

Solar energy systems pursuant to § 215-35.

[Added 9-12-2017 by Ord. No. 17-23; amended 4-13-2021 by Ord. No. 21-04]

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]

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.

Cellular telecommunications facilities.

Breweries and distilleries, provided that they are also open to the public.

Cannabis cultivation, manufacturing, distribution and wholesale facilities pursuant to § 215-39.

Bulk requirements.

Principal building.

Lot area: three acres, minimum.

Lot width: 250 feet, minimum.

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]

Side yard, one: 35 feet, minimum.

Side yard, total of two: 100 feet, minimum.

Rear yard: 75 feet, minimum.

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]

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.

Editor’s Note: Said drawing is on file in the Township offices.

Highway business hotel or office building(s) may not be higher than six stories, not to exceed 85 feet.

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.

Accessory building.

[Amended 4-13-2021 by Ord. No. 21-04]

Distance to side lot line: 10 feet, minimum.

Distance to rear lot line: 10 feet, minimum.

Height: one story, not to exceed; 30 feet, maximum.

Lot coverage.

Total building coverage shall not exceed 35% of total lot area.

Total impervious surface lot coverage shall not exceed 70%.

General requirements.

[Amended by Ord. No. 1989-30; Ord. No. 1993-22; Ord. No. 1994-3]

All buildings and uses shall be served by public water and sewage, and a lot may contain more than one principal building.

Yard requirements adjoining residential districts. On lots adjoining residential districts, no building shall be located closer than 50 feet from such district boundary.

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.

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.

Landscaping. Those portions of all yards not used for parking, loading, unloading and service shall be planted and maintained at all times.

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.

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.

Conservation. Existing woodlands, windbreaks and watersheds shall be preserved as far as the standards of good conservation practice require.

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.

Requirements for highway business hotels:

[Added 11-28-2000 by Ord. No. 00-30]

Principal buildings per lot. A lot may contain more than one principal building.

Each unit of accommodation shall contain a minimum floor area of 300 square feet.

All access to individual units shall be from interior hallways.

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.

Utilities. All buildings and uses shall be served by public water and sewage.

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]

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.

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.

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]

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.

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.

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.

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.

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.

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.

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.

Traffic control measures. Traffic control measures as determined in the discretion of the Board shall be installed.

Fire lanes. Fire lanes shall be clearly marked by signs, pavement markings, or other suitable methods.

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.

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.

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]]

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.

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.

§ 215-26 IP-2 Industrial Park Zone.

Permitted principal uses.

[Amended by Ord. No. 1993-22; Ord. No. 1994-3]

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.

All uses permitted in the Office Park Zone District.

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.

Hospital for small animals (dogs, cats, and the like) including kennel, provided yards are enclosed.

Farm uses, such as agricultural, horticultural, harvesting, processing, freezing, etc. Repair and maintenance of farm buildings and equipment.

Combinations of two or more compatible uses permitted within one unit.

Public safety facilities.

Child-care center.

Permitted accessory buildings and uses.

Permitted accessory buildings and uses in the IP-1 Zone District.

Solar energy systems pursuant to § 215-35.

[Added 9-12-2017 by Ord. No. 17-23; amended 4-13-2021 by Ord. No. 21-04]

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]

Cellular telecommunications facilities.

Breweries and distilleries that are also open to the public.

Cannabis dispensary, cultivation, manufacturing, distribution and wholesale facilities pursuant to § 215-39.

Bulk requirements.

Principal building.

Lot area, corner lot: 18,750 square feet, minimum.

Lot area, interior lot: 15,000 square feet, minimum.

Lot width, corner lot: 125 feet, minimum.

Lot width, interior lot: 100 feet, minimum.

Front yard, 25 feet, minimum.

Side yard, each: 10 feet, minimum.

Rear yard: 10 feet, minimum. When abutting a residential district, rear yard requirements shall conform to requirements of the adjacent residential district.

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]

Accessory building.

Distance to side lot line: 10 feet, minimum.

Distance to rear lot line: 10 feet, minimum.

Height: one story, not to exceed; 15 feet, maximum.

Lot coverage.

Total building coverage shall not exceed 50% of total lot area.

Total impervious surface lot coverage shall not exceed 80%.

General requirements.

[Amended by Ord. No. 1993-22; Ord. No. 1994-3]

All buildings and uses shall be served by public water and sewage, and a lot may contain more than one principal building.

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.

Landscaping. Those portions of all yards not used for parking, loading, unloading and service shall be planted and maintained at all times.

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.

Conservation. Existing woodlands, windbreaks and watersheds shall be preserved as far as the standards of good conservation practice require.

§ 215-27 IP-3 Industrial Park Zone.

Permitted principal uses.

[Amended by Ord. No. 1993-22; Ord. No. 1994-3]

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.

Structures and uses devoted to research, experimentation or engineering involving scientific investigation, engineering study, project development and similar activities.

Offices and warehouses.

Public safety facilities.[1]

Editor's Note: Former Subsection A(5) and (6), regarding existing residential uses and child-care centers, which immediately followed, were repealed 4-13-2021 by Ord. No. 21-04.

Permitted accessory buildings and uses.

Off-street parking facilities.

Fences, walks and hedges as regulated by ordinance.

Signs as regulated by ordinance.

Other uses customarily incidental to the permitted principal use.

Solar energy systems pursuant to § 215-35.

[Added 9-12-2017 by Ord. No. 17-23; amended 4-13-2021 by Ord. No. 21-04]

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]

Cellular telecommunications facilities.

Bulk requirements.

Principal building.

Lot area, corner lot: 6,000 square feet, minimum.

Lot area, interior lot: 4,000 square feet, minimum.

Lot width, corner lot: 60 feet, minimum.

Lot width, interior lot: 40 feet, minimum.

Front yard: 25 feet, minimum.

Side yard, each: five feet, minimum.

Rear yard: five feet, minimum.

All other principal buildings and structures: two stories not to exceed 35 feet.

[Amended 4-13-2021 by Ord. No. 21-04]

Accessory building.

Distance to side lot line: five feet, minimum.

Distance to rear lot line: five feet, minimum.

Height: one story, not to exceed; 15 feet, maximum.

Lot coverage.

Total building coverage shall not exceed 50% of total lot area.

Total impervious surface lot coverage shall not exceed 80%.

General requirements.

[Amended by Ord. No. 1993-22; Ord. No. 1994-3]

All buildings and uses shall be served by public water and sewage, and a lot may contain more than one principal building.

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.

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.

Landscaping. Those portions of all yards not used for parking, loading, unloading and service shall be planted and maintained at all times.

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.

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.

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.

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]

Editor's Note: Former Subsection E(9), regarding child-care centers, which immediately followed, was repealed 4-13-2021 by Ord. No. 21-04.

§ 215-28 Conservation District.

Permitted principal uses.

Public and institutional, agricultural and recreational uses and structures owned and operated by the federal government, the State of New Jersey, the County of Mercer or the Township of Ewing.

Permitted accessory buildings and uses.

Buildings and uses customarily incidental to the permitted principal uses.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses: none.

Lot, area, yard, height and coverage requirements.

As required in the IP-2 Zone.

General requirements.

As required in the IP-2 Zone.

§ 215-29 Requirements for planned developments.

[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]

Purpose.

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.

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.

Standards applicable to all planned developments. The following standards shall apply to all forms of planned developments, as defined in this section:

Use restrictions.

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.

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.

Definitions:

RESTAURANT

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.

A restaurant may include carry-out services.

A restaurant shall not include drive-through or window service.

BANK

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.

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.

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.

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.

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

Intensity of development.

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.

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.

Height and bulk standards for planned developments.

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]

Editor's Note: Table 2, Standards for Height, Bulk and Setbacks for Planned Developments, is included at the end of this chapter.

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.

Building height exceptions within planned developments.

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.

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).

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.

Parking and loading requirements for planned developments. Parking shall be provided within planned developments in accordance with the following:

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.

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.

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.

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.

Landscaping requirements.

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.

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.

Interior roads. Interior roads within a planned development shall be landscaped with street trees pursuant to the requirements of § 215-73S of this chapter.

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.

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.

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.

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 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.

A comprehensive fiscal impact analysis.

Trash collection and recycling. All applications for approval of planned developments shall include a solid waste collection and recycling plan consistent with the requirements of § 215-64 of this chapter.

Additional requirements for planned commercial and industrial developments.

Design guidelines.

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.

Loading areas and docks should be designed into building corners or otherwise be located so as to be at least partially hidden from view.

Each facade shall be finished with compatible materials and design treatments.

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.

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.

Open space within office or industrial developments shall include sitting and outdoor eating areas. Provision for active and passive recreational facilities is encouraged.

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:

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.

Figure 4

Typical Freestanding Identification Sign Illustration

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

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

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.

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

Directional signs. Directional signs shall be permitted in accordance with the following:

Flagpoles. Each building shall be allowed a maximum of three flagpoles not to exceed 40 feet in height, which may be illuminated.

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:

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.

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.

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.

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

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.

§ 215-30 Outdoor seating.

[Added 8-13-2013 by Ord. No. 13-32; amended 11-10-2020 by Ord. No. 20-22]

Responsibilities of the applicant.

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.

The applicant shall obtain zoning approval through submission of the following documents as summarized below and detailed further herein:

A plan drawn to scale depicting the layout of the outdoor area with rights-of-way, setbacks, buildings, parking, access, and safety measures detailed.

Proposed landscaping whether permanent, seasonal, or within planters and/or planting beds.

The applicant shall obtain any required building, fire, and electrical permits where applicable herein.

License required.

All restaurants that are permitted to be in business as such are afforded the opportunity to obtain a license for outdoor seating.

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.

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.

The annual fee for an outdoor seating license shall be $50 payable upon submission of an application for a license.

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.

General requirements.

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.

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:

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;

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;

Located in such a way as to not impede the safe and speedy ingress and egress to or from any building or structure; and

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.

No food service equipment shall be stored in or permanently mounted to any area of the outdoor seating area.

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.

No outdoor loudspeaker or public address system, radio or similar device shall be utilized to announce messages.

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.

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.

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.

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.

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.

The outdoor seating area shall comply with any applicable health and safety laws, statutes, rules, regulations, directives, executive orders, and local ordinances.

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:

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.

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.

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.

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.

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;

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.

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.

Creative use of bollards, security planters, and hardscape to protect diners from any and all vehicular traffic and/or parking stalls shall be provided. The types of which include, for example:

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.

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.

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.

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.

Tents may be used in conjunction with outdoor seating, provided they meet the following standards:

All tents should be tied down and anchored in accordance with manufacturers recommendations.

Tents are permitted only between March 1 and November 1, unless a building permit is filed to ensure potential for snow loads are met.

Fire extinguishers must be visibly installed and easily accessible.

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.

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.

Tents over 900 square feet in size will require notice to the Fire Marshal in the form of a fire prevention application, which includes:

Seating plan;

Location 10 feet off of the primary building;

Fire rating of tent; and

Location of fire extinguishers.

Tents over 16,800 square feet in size shall require a building permit.

Tents affixed to the principal structure shall require a building permit

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.

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.

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.

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:

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.

Separation by a physical barrier may be required to protect the public with the design to be approved by the appropriate authority.

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.

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.

Alcoholic beverages.

The consumption of alcoholic beverages in outdoor seating areas will continue to be regulated by the New Jersey Alcoholic Beverage Control Commission (ABC).

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.

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.

Applications.

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.

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:

The name and address of the applicant;

The name and address of the owner of the primary building (if other than the applicant); and

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).

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 description of the principal building and all properties immediately adjacent to such building, including names and addresses of the adjacent property owners.

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.

A statement of the proposed seating capacity and hours of operation of the outdoor seating area.

Inspections to ensure the safety of the outdoor seating area will be conducted.

The Zoning Official shall approve or disapprove an application within 30 days after the filing of the application.

Additional requirements.

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.

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.

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.

Revocation of license; appeal.

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.

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.

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.

Penalties. Any person violating the provisions of this article shall be liable to the penalties set forth in Chapter 1, General Provisions, Article III, General Penalty.

§ 215-31 TC - Town Center Zone.

[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.

Permitted principal uses.

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]

Professional office in accordance with the principal and accessory use regulations of the PRO- Professional Research Office Zone.

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.

Office in accordance with the principal and accessory use regulations of the OP3-Office Park-3 Zone.

Hotels.

Mixed-use and combination of two or more permitted uses within one building or property.

[Amended 6-29-2021 by Ord. No. 21-09]

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]

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.

Permitted accessory buildings and uses.

Off-street parking facilities, including parking garages, charging stations, and refuse collection structures.

Pop-up shops and micro-retail.

[Added 6-29-2021 by Ord. No. 21-09[2]]

Editor's Note: This ordinance also redesignated former Subsection B(2) through (6) as Subsection B(3) through (7), respectively.

Fences, walls and hedges as regulated by § 215-63.

Signs as regulated by ordinance.

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.

Other uses customarily incidental to a permitted principal use or conditional use, such as:

Club house.

Recreational amenities including passive and active recreation.

Managerial, sales and lease offices.

Solar energy systems on rooftops.

[Added 9-12-2017 by Ord. No. 17-23]

Conditional uses.

Residential mixed-use in accordance with the requirements of § 215-35C(15)/commercial rooming structures.

[Amended 8-14-2018 by Ord. No. 18-20]

Expansion and retrofitting of existing shopping centers in accordance with the requirements of § 215-35C(13).

Multipurpose fueling stations/convenience stores in accordance with the requirements of § 215-35C(14).

Residential multifamily in accordance with the requirements of § 215-35C(16).

Solar energy systems.

[Added 9-12-2017 by Ord. No. 17-23]

Flex commercial/industrial in accordance with the requirements of the Parkway Avenue Redevelopment Plan.

[Added 6-29-2021 by Ord. No. 21-09]

Bulk requirements.

Principal building.

Lot area, corner lot: 22,500 square feet minimum.

Lot area, interior lot: 20,000 square feet minimum.

Lot width, corner lot: 150 feet minimum.

Lot width, interior lot: 100 feet minimum.

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.

Side yard, each: 12 feet minimum.

Rear yard: 12 feet minimum.

Height: Unless additional regulations are imposed by the FAA. (See also Subsection E(12) below).

Stand alone pad site retail, restaurants: 1 1/2 stories; 20 feet minimum.

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]

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).

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.

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:

Chimneys and flues.

Elevator or stair bulkheads, water tanks and mechanical equipment (such as air conditioning condensers).

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.

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:

The design standards of the zone are met to the extent necessary and feasible.

The project is providing additional, or improving existing, open space or public gathering spaces.

The project provides adequate access to open spaces, community facilities as well as light and air to surrounding streets and properties.

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]

Building step-backs after two stories, with additional step-backs as warranted.

Accessory building.

Distance to side lot line: five feet minimum.

Distance to rear lot line: five feet minimum.

Height: one story, not to exceed 10 feet, with the exception of clubhouses, detached garages and structures associated with recreation amenities, which shall not exceed 1 1/2 stories and 24 feet.

Lot coverage.

Total impervious surface lot coverage shall not exceed 75%.

General requirements.

All buildings and uses shall be served by public water and sewage.

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.

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.

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.

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]

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.

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.

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.

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.

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.

Design standards.

Design goals for all projects.

Buildings should be designed and sited to provide visual interest and create enjoyable human-scaled spaces.

Designs for proposed buildings should recognize, in form and proportion, surrounding and neighborhood buildings in the general vicinity and adjacent zoning.

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.

All street frontages shall be treated architecturally as if the front.

Establishment of a street network and driveway configurations through cross-access easements and shared driveways to enhance pedestrian and bicycle access to:

Reduce curb cuts along major thoroughfares.

Connect to parks and open space trail networks.

Connect to commercial goods and services.

Connect to mass transit facilities, including bus and train.

Design guidelines for all building types.

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.

Horizontal building elements. Buildings shall be designed with a base, middle, and top facade.

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]

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.

Building elevation. All elevations of a building's exterior should be coordinated with regard to color, materials, architectural form and detailing.

Facade treatment. The number of different materials on exterior facades should be limited to three types.

Windows, with exception to those in offices, should be primarily doublehung sash types with a glass area divided by horizontal and vertical muntins.

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.

Roof design guidelines.

Roof shape, color, and texture should be coordinated with the exterior materials of the building's facade.

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.

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.

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.

Design guidelines for professional office. The following additional design standards for professional offices shall apply:

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.

Dormers, parapets, and/or cornice trim should be used to visually break up large roof masses.

Exterior materials should be brick, stone, horizontal siding or wood shingle, or a combination of such materials.

A pedestrian circulation plan shall be provided.

Retail and commercial design standards (including restaurants). The following additional design standards for retail uses shall apply:

Retail stores oriented towards a street shall have a minimum of 50% of the first floor building facade consisting of glass display windows.

Building entrances should be oriented towards the street.

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.

A pedestrian circulation plan shall be provided.

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:

Three-foot landing zone: brick.

Seven-foot sidewalk along Parkway Avenue; five-foot sidewalk along Silvia Street and internal walkways: concrete.

Planting strip/landscape easement, seven-foot minimum in accordance with Township standards. Alternatives may be considered by the Planning Board.

London Plane trees shall be planted 30 feet on-center along Parkway Avenue.

Honey Locust shall be planted 30 feet on-center along Silvia Street.

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]

§ 215-32 through § 215-34. (Reserved)

§ 215-35 Conditional use requirements.

.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.

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]

The proposed use will not be detrimental to the character of the neighborhood.

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.

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood.

The proposed use will not be affected adversely by the existing uses.

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.

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.

Public and private schools.

The minimum lot size shall be 40,000 square feet.

The maximum floor area ratio shall be 20%.

The maximum lot coverage shall be 20% for buildings and 40% for total hard surface coverage.

There should be no parking in the front yard setback area nor within 20 feet of any property line.

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.

No active recreation area shall be located within 30 feet of a property line nor within the front yard.

Houses of worship.

The minimum lot area shall be 30,000 square feet.

The maximum floor area ratio shall be 25%.

The maximum lot coverage shall be 40% for building and 60% for total hard surface coverage.

No parking shall be located in the front yard setback area.

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.

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.

Lot area. The minimum lot area shall be 30,000 square feet.

Lot width. The minimum lot width at the front building line and along all streets shall be 150 feet.

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.

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.

Rear yard. There shall be a rear yard with a depth of not less than 50 feet.

Height regulations. No principal building shall exceed a height of 35 feet, and no accessory building shall exceed a height of 15 feet.

Sewage disposal and water supply. Each use shall be served by a public sanitary sewage facility and a public water supply system.

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.

Landscaping. The portions of all yards not used for parking, loading, unloading and service areas shall be planted and maintained at all times.

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.

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.

Shopping center.

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.

Minimum lot area.

[Amended 2-8-2000 by Ord. No. 00-02]

The minimum lot area shall be as follows for shopping centers:

The minimum lot area for a neighborhood shopping center shall be at least three acres but no greater than five acres.

The minimum lot area for a community shopping center shall be greater than five acres but fewer than 10 acres.

The minimum lot area for a regional shopping center shall be greater than 10 acres.

Minimum lot width.

[Amended 2-8-2000 by Ord. No. 00-02]

The minimum lot width along all street frontage shall be as follows:

The minimum lot width for a neighborhood shopping center shall be 300 feet.

The minimum lot width for a community shopping center shall be 500 feet.

The minimum lot width for a regional shopping center shall be 750 feet.

Front yard. The minimum front yard along all streets shall be 75 feet.

Side yard. The minimum side yard shall be 50 feet.

Rear yard. The minimum rear yard shall be 50 feet.

Lot coverage. The maximum lot coverage for all buildings shall be 25%, and the maximum impervious surface coverage shall be 75%.

Height regulations. No building or structure shall exceed a height of 24 feet.

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.

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.

Roadside landscaping. Along each street line; as defined, a twenty-five-foot strip shall be provided, suitably landscaped except for necessary walks and accessways.

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.

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.

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.

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.

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.

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 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.

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.

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

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.

Elevation View

Plan View

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.

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.

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.

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.

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.

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.

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.

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.

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.

Cluster development.

General.

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.

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.

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.

Criteria for cluster development.

Minimum tract size: not less than 10 acres.

Minimum lot size and yard requirements: to be determined by the Planning Board on an individual basis, taking into consideration the following:

Character of surrounding area.

Overall design of development.

Availability of utilities, public water and sewers.

Nature and extent of open space.

Environmental criteria.

Housing type: the same as allowed in the zone.

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:

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.

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.

Disposition of dedicated areas.

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.

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]

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.

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]

The primary residence shall have been substantially completed at least five years prior to the date of application for a permit.

During the duration of the permit:

The residence shall be owner-occupied;

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;

No rent or any other type of fee may be imposed or collected for either unit;

Adequate parking is provided;

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;

The accessory apartment may not exceed a maximum of 25% of the available living floor space;

The accessory apartment is largely self-contained and is clearly a subordinate part of the dwelling;

The entire dwelling, primary and accessory, must conform to all requirements of building, plumbing, electrical, health, sanitary and fire codes.

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.

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.

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.

Home professional office/home occupation.

[Amended 2-8-2000 by Ord. No. 00-02]

A home occupation is an occupation conducted on a full-time basis entirely within a detached, owner-occupied single-family dwelling unit.

A home occupation shall be clearly incidental and secondary to the use of the lot for residential purposes.

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.

No display of products shall be visible from the street;

The residential character of the lot and building shall not be changed;

No occupational sounds shall be audible outside the dwelling;

No equipment shall be used which will cause interference with radio and television reception in neighboring residences;

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;

The home occupation does not reduce the parking or yard requirements of the detached dwelling;

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

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.

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.

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.

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.

Billboards; advertisements.

[Added 4-9-2013 by Ord. No. 13-13]

Industrial Park 1 Zone (IP-1).

Must be located along Interstate 95.

Must meet provisions of the Outdoor Advertising Regulations published at N.J.A.C. 16:41C.

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.

Sign face may not exceed 675 square feet.

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.

No billboard may present illicit or publicly offensive language or displays.

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;

They are located along Interstate 95.

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.

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.

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.

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.

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).

Adult establishments, sexually-oriented businesses.

[Added 6-11-2013 by Ord. No. 13-18]

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.

Establishment shall meet all the bulk requirements of said zone.

Establishment shall be owned and operated by a licensed, registered operator and/or business where applicable by the appropriate authority.

No two of the uses identified in Subsection C(10), (11) and (12) of this section shall be located within the same structure.

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.

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.

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.

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:

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.

Hours of operation. To be open no later than 10:00 p.m.

Meets all Township noise requirements.

Propose window treatments to impede the view of the interior of the premises in which the business is located.

Provide internal decor, layout, and display/merchandising areas.

Testimony on the practice of operation.

Private rooms not permitted.

Meets all parking and circulation requirements of the zone and that particular use.

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.

Meet all signage requirements. No off-site signage permitted.

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.

Body painting studios, body piercing, head shop, and tattoo businesses.

[Added 6-11-2013 by Ord. No. 13-18]

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.

Establishment shall meet all the bulk requirements of said zone.

Establishment shall be owned and operated by a licensed, registered operator and/or business where applicable by the authority.

No two of the uses identified in Subsection C(10), (11), and (12) of this section shall be located within the same structure.

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.

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.

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.

Window treatments and all proposed signage.

Lobby entry and receptionist area.

Internal decor, layout and display/merchandising areas.

Business practice.

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.

Meets all parking and circulation requirements of the zone and that particular use.

Meets all landscaping requirements of the zone and that particular use.

Pawnshops, check cashing, secondhand-goods dealers, and bail bonds.

[Added 6-11-2013 by Ord. No. 13-18]

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.

Establishment shall meet all the bulk requirements of said zone.

Establishment shall be owned and operated by a licensed, registered operator and/or business where applicable by the appropriate authority.

No two of the uses identified in Subsection C(10), (11), and (12) of this section shall be located within the same structure.

Pawnshops and bail bonds shall not be located closer than 1,500 feet to any public/private school measured property line to property line.

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.

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.

Window treatments and all proposed signage.

Lobby entry and receptionist area.

Internal decor and display areas.

Business practice.

Policies must include:

[A]

Coordination with the Police Department.

[B]

Policies relating to minors and must include proof of parent and physical presence of same upon dealing.

Meets all parking and circulation requirements of the zone and that particular use.

Meets all landscaping requirements of the zone and that particular use.

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]

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]

Apartment and/or office uses above the first floor are encouraged.

Sidewalk and streetscape standards shall be met.

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.

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.

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.

Exterior building materials should primarily be brick, wood siding, wood shingle, or stucco.

The primary entrance to a building should be accessed directly from a public street with secondary access oriented towards parking lots.

Entrances to apartments on upper floors should be oriented towards associated parking.

Shared parking facilities/garages are encouraged.

Locations for the parking of bicycles shall be provided.

Drive-through services are prohibited.

New fast food establishments are prohibited.

Landscaping requirements are met unless site constraints require deviation.

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.

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.

Multipurpose fueling stations.

[Added 6-9-2015 by Ord. No. 15-17]

Site shall be a minimum of four acres in size.

Site shall be located on the corner of two streets.

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.

Plan must include a mix of uses, including convenience retail in conjunction with the fueling station.

Other retail not included in conjunction with the fueling station must be part of the overall plan, including office, restaurant, or mixed-use buildings.

No automotive services of any kind may be conducted on site (no lube, repairs, mechanics, technicians, etc.).

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.

No propane services are permitted.

No truck stops designed to fuel high volumes of tractor-trailers are permitted.

No equipment, material, vehicle storage, and overnight parking is permitted. Only employee parking of those working overnight shifts if applicable are permitted.

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.

Setbacks. Fueling station canopies are permitted to be considered part of the principle use.

When placed in front of the convenience retail, such canopy must be buffered from the street frontage by 30 feet not including streetscape requirements.

The distance between canopy edge and convenience retail cannot be any further than 65 feet.

The Convenience retail setback when canopy is not in front of it remains at 85 feet.

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]

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]

Commercial uses shall be uses such as those found in § 215-19, B-N Neighborhood Business Zone, and § 215-20, B-H Highway Business Zone.

Residential uses are not permitted on the same floor with nonresidential uses, other than shared ground floor lobby space.

Residential is not permitted on the ground floor of structures located along major street frontages.

Residential uses must have access that is separate and secure.

Commercial rooming structures shall be designed as a single housekeeping unit.

No parking may be located under a structure unless fully lined by active uses along street frontages and key entry points.

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.

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]

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.

Parking is prohibited in the front yard area along Parkway Avenue.

Parking is prohibited to be located in the front yard for residential use.

Large parking facilities are prohibited in the front yard area or abutting a residential zone and/or residential use.

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.

Other nonresidential and/or public uses may be contained within mixed-use buildings, such as:

Retail, restaurant, or high volume public activities such as a post office.

Entertainment venues such as theaters, museums, and galleries.

Other permitted nonresidential uses in the zone.

Office, research and development, or similar commercial.

Hotel, including health club, restaurant or other hotel-related use is permitted.

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.

All developments shall create walking and bicycling opportunities connecting both on-site and off-site amenities, including but not limited to the following:

Expansion of pathways within existing development upon expansion.

Connecting to neighborhood amenities such as, but not exclusive of:

Main thoroughfares in order to gain access to goods and services, or jobs.

Transit services.

Bike and open-space networks.

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.

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.

[2]Parking requirements as set forth in § 215-36. In addition, commercial rooming structures must provide on-site parking:

One parking space per bedroom.

One and twenty-five hundredths parking spaces per bedroom suite.

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).

Residential multifamily housing.

[Added 10-11-2016 by Ord. No. 16-14]

Residential multifamily housing shall comply with the bulk requirements set forth in § 215-31D for principal buildings.

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:

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]

Residential buildings shall meet the design standard criteria in § 215-31E.

Blank street-walls are prohibited.

All developments shall create walking and bicycling paths that connect both on-site and off-site amenities, including but not limited to the following:

Expansion of pathways within existing development upon expansion.

Connecting to neighborhood amenities such as, but not exclusive of:

Main thoroughfares in order to gain access to goods and services, or jobs.

Transit services.

Bike and open space networks.

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.

One row of parking is permitted within the front yard area, and shall be landscape buffered in accordance with § 215-57. Otherwise large parking facilities are prohibited in the front yard area. On-street parking is permitted where appropriate.

Nonresidential and/or public uses may be located on site, such as;

Restaurant, cafe or coffee shop.

Entertainment venues such as theaters, museums, and galleries.

Fitness center/clubhouse, including swimming facilities.

Postal and package services.

Solar energy systems.

[Added 9-12-2017 by Ord. No. 17-23]

Generally.

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.

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.

The owner shall have the right to respond to the notice of abandonment within 30 days from the notice receipt date.

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.

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.

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.

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:

Full restoration of the roof and the associated materials designed to cover it (i.e., shingles, membranes, etc.).

Removal of all electric components associated with the systems.

Restore the surface grade and soil after removal of aboveground structures and equipment when applicable.

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.

The plan may provide for restoration of agricultural crops or forest resource land.

The plan may provide for the retention of access roads, fences, gates, buildings and buffer plantings at the discretion of the Township.

Siting preferences.

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.

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.

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.

Permitting and approvals.

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);

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.

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.

Residential roof-mounted systems not requiring tree removal permitted in all zoning districts subject to the following conditions.

Building permits shall be required for installation of all rooftop and building-mounted solar collectors.

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.

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).

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.

Building-integrated photovoltaic (BIPV) systems: BIPV systems are permitted outright in all zoning districts.

Commercial roof-mount systems not exceeding 10 feet in height above the permitted height within the zone, including parking garages.

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.

Commercial and residential systems combined architecturally as a cohesive presentation.

All other systems require site plan approval.

Conditional use requirements for all zones where permitted by condition:

Building permits are required for the installation of all solar systems.

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.

All electrical and control equipment shall be labeled and secured to prevent unauthorized access.

Transmission wires shall be underground and otherwise concealed where feasible.

Sound levels from the energy facility shall not exceed the ambient sound level at the property line prior to construction of the facility.

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.

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.

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:

Weight load.

Wind resistance.

Ingress or egress in the event of fire or other emergency situation.

Proximity and accessibility to potentially dangerous elements of the system such as the renewable structures, wind blades, etc.

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:

System components: The plan must include documentation of the major system components to be used; for example, the panels, mounting system, and inverter.

The distance between the proposed solar collector installations and all property lines and existing on-site buildings and structures.

The tallest finished height of the solar collector.

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.

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]

Cannabis dispensaries/retailers.

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:

Olden Avenue Redevelopment Plan. Subareas;

SA-1 (Olden Avenue, Pennington Road, Parkside Avenue).

SA-2 (Olden Avenue, Prospect Street).

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).

Parkway Avenue Redevelopment Area.

SA-1 (Parkway Avenue).

SA-2 (Parkway Avenue).

Business Highway-BH (Scotch Road).

Town Center-TC (Scotch Road, Parkway Avenue).

Cannabis dispensaries are permitted subject to the following criteria:

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.

Location of the business on a property with street frontage where retail is prevalent and not within office buildings.

Issuance of a Ewing Township cannabis business license.

Site plan approval.

Where a cannabis dispensary is under consideration:

Location outside a a drug-free school zone and at least 1,500 feet from another cannabis dispensary.

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.

May include the sale of useable cannabis-related products in accordance with state regulations.

Alternative treatment centers, medical cannabis dispensaries, cannabis testing facilities, and academic medical center.

ATCs and medical cannabis dispensaries shall be permitted as a conditional use in the following zones in accordance with this chapter:

Any of the zones in which cannabis dispensaries are permitted.

Professional Office (PRO).

Office Park 3 (OP3).

ATCs and medical cannabis dispensaries are permitted subject to the following criteria:

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.

Issuance of Ewing Township cannabis business license.

Site plan approval is required.

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.

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.

Medical dispensaries may not participate in adult-use (21 years or older) sales unless specifically authorized in this chapter.

Cannabis cultivation centers, manufacturing, delivery services, cannabis testing facilities, academic medical center, and cannabis training facility.

Standalone facilities centers shall be permitted as conditional uses in the following zones in accordance with this chapter.

Olden Avenue Redevelopment Area.

Subarea 2 (SA-2);

Subarea 3 (SA-3);

Subarea 5 (SA-5);

Subarea 6 (SA-6);

Subarea 7 (SA-7);

Parkway Avenue Redevelopment Plan.

Subarea 2.

Industrial Park-1 (IP-1); and

Industrial Park-3 (IP-3).

Such facilities shall be permitted subject to the following criteria:

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.

Issuance of Ewing Township cannabis business license.

Site plan approval is required.

Cultivation centers shall not be located immediately adjacent to school property used for school purposes where children are present.

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.

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.

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.

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:

Industrial Park-1 (IP-1).

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.

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.

Additional requirements applicable to all cannabis businesses.

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.

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.

Signage.

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.

All other Township sign regulations must be complied with.

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.

Parking shall be provided as provided below in accordance with § 215-36, Off-street parking, loading and unloading requirements:

Parking for dispensaries shall be provided for the same as required for commercial, retail or personal service establishments.

Parking for cultivation, manufacturing, distribution, and wholesale facilities shall be provided for as industrial or manufacturing establishments.

Parking for cannabis testing facilities shall be provided for as research or laboratory use.

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.

Smoke shop, tobacco shop.

[Added 10-25-2022 by Ord. No. 22-17]

Subject to annual licensing through the Township Clerk's Office.

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.

Establishment shall meet all the bulk requirements, including parking, landscaping and signage of said zone. No grandfathered signage of any type.

Establishment shall be owned and operated by a licensed, registered operator and/or business where applicable by the authority.

No two businesses offering the same uses identified in Subsection C(19) of this section shall be located within the same structure or property.

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.

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.

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:

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.

Window treatments and all proposed signage.

Internal decor, layout and display/merchandising areas.

Business practice and store policies in writing. Such practice and policies shall include:

Health and safety provisions.

Sales to minors.

Security.

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.

Meets all landscaping requirements of the zone and that particular use.

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.

Ancillary sale, smoking paraphernalia and tobacco-related products.

[Added 10-25-2022 by Ord. No. 22-17]

Is located within an approved tobacco store, convenience retail establishment, grocery store, minimart, supermarket, or multipurpose fueling station, or gasoline service station.

Subject to annual licensing through the Township Clerk's Office.

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.)

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.

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.

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.

Window treatments and all proposed signage.

Internal decor, layout and display/merchandising areas.

Business practice and store policies in writing. Such practice and policies shall include:

Health and safety provisions.

Sales to minors.

Security.

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.

Meets all landscaping requirements of the zone and that particular use.

Cannabidiol (CBD) store, retail sales.

[Added 10-25-2022 by Ord. No. 22-17]

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.

Establishment shall meet all the bulk requirements, including parking, landscaping and signage of said zone. No grandfathered signage of any type.

Establishment shall be owned and operated by a licensed, registered operator and/or business where applicable by the authority.

No business offering the uses identified in Subsection C(19) of this section shall be located within the same structure or property.

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.

Window treatments and all proposed signage.

Internal decor, layout and display/merchandising areas.

Business practice and store policies in writing. Such practice and policies shall include:

Health and safety provisions.

Sales to minors.

Security.

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.

Meets all landscaping requirements of the zone and that particular use.

§ 215-36 Off-street parking, loading and unloading requirements.

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.

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.

Design standards.

[Amended 2-8-2000 by Ord. No. 00-02]

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]

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.

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.

Interior driveways. The following driveway widths shall apply:

Twenty four feet wide for 90° parking.

Eighteen feet wide for 60° parking.

Fourteen feet wide for 30° and 45° parking.

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.

Handicapped parking spaces. Handicapped parking spaces shall be provided in accordance with state requirements.

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.

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.

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.

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.

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

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.

Off-street loading requirements.

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.

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

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.

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]

§ 215-37 Sign requirements.

[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

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.

Purpose. The purpose of this section is to:

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.

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.

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.

Preserve and/or enhance local character and Township visual design objectives by requiring signage which is:

Compatible with its particular surroundings;

Expressive of the identity of the user and the community; and

Appropriately sized for its context and location.

Develop a fair and workable review and permitting procedure for certain signs by the Zoning Official.

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.

Traffic safety. No signs shall be erected in the Township that would:

Obstruct the sight distance at an intersection along a public right-of-way.

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.

Use admonitions such as "Stop," "Go," "Slow," "Danger," etc., which might be confused with traffic directional signs.

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.

All signs must be located 10 feet outside of the curbline or edge of pavement and must not block the sidewalk.

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.

Design and maintenance.

Materials.

Permanent signs must be constructed of durable materials, such as wood, plastic or metal, professionally lettered with applied, incised, painted, printed or molded lettering.

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.

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.

Landscaping.

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:

To enhance the sign design.

To conceal sign supports or light fixtures.

To shield sign illumination from adjacent properties and roadways.

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.

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.

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.

Mechanical contrivances. No sign shall contain flashers, animators or mechanical movements or contrivances of any kind, excepting clock and temperature-stating devices.

Illumination.

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.

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.

External ground lighting of signs must not exceed 1/2 footcandle at a distance of two feet from the illumination source.

Light emission from internally illuminated signs shall not exceed one footcandle at a distance of two feet from any sign surface.

Digital display.

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.

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.

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.

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.

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.

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.

Size and placement.

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.

Wall signs shall not project more than four inches from the building facade or 12 inches if internally illuminated.

No projecting sign shall extend into a vehicular public way or be less than eight feet above a pedestrian way.

No sign, together with any supporting framework, shall extend to a height above the maximum building height allowed in that zone.

Signs should not cover building architectural details, such as but not limited to arches, sills, moldings, cornices and transom windows.

No wall or window sign shall be located above the first floor level of a multistory structure.

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.

Historical site or monument. No permanent sign shall be permitted within 100 feet of the property line of any historical site or monument.

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.

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.

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.

Administration, filing procedures and permits.

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.

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.

Additional information. Each applicant shall, upon the request of the Construction Official, submit any additional information deemed necessary by the Construction Official.

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.

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.

Rules for existing signs. All existing signs must comply with all provisions of this article, except as follows:

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.

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:

Signs advertising a discontinued use or project no longer available.

Signs not maintained in a safe, sound and good condition.

Signs that have suffered damage or are in disrepair so that they require reconstruction or extensive repair.

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.

Fees. Fees shall be as follows:

All signs requiring zoning permits: $25.

All signs requiring building permits: pay applicable fee.

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.

Prohibited signs. Unless specifically permitted by the approving authority or this article, the following signs are prohibited:

Signs not accessory to the business or use conducted on the property.

Mechanically moving signs, neon signs, flashing signs and animated signs of any kind and signs containing reflective elements.

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."

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.

Banners, spinners, pennants, streamers and other moving objects, and inflatable signs used for advertising purposes, whether containing a message or not.

Searchlight displays unless authorized by a temporary sign permit as part of a grand opening promotion or special event.

Signs internally lit with noted exception;

Signs may be internally illuminated, provided it is limited to the lettering of the message itself.

No sign may exceed two-footcandles.

Signs erected within, over, or in the right-of-way of any public street.

Signs using fluorescent-type paint.

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.

New freestanding or "pylon" signage.

Window signage other than those expressly permitted.

Sandwich board or A-frame signs located in the public ROW.

Any sign not specifically permitted by this article.

Signs permitted in all areas. The following signs may be erected, constructed, placed and maintained without a permit from the Construction Official.

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.

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:

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.

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.

Off-site real estate signs are permitted, provided that:

They are limited to one sign per property unless a corner property whereby two will be permitted.

They are limited to four square feet whether commercial or residential.

They may not be displayed until noon on Friday and may extend to noon the immediate-following Monday.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

Commercial window signage. No permit required, unless noted. However the following applies:

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.

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;

Sections of window sign allowances are not permitted to be combined.

Signs may not be closer than four feet from one another.

Inclusive within the window sign allowance is the following;

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;

One per 40 linear feet of facade frontage then sign may be replicated but not to exceed maximum square foot allowance per sign.

All permanent signs are allowed to be indirectly illuminated, with the light source concealed from public view or decorative fixture.

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.

Informational signs. No permit required, unless noted; however, the following applies:

For posting of days and hours of operation, building or tenant address, phone numbers, accepted credit cards;

Must be located on, or adjacent to, the entrance door.

Open/closed sign. A maximum of two square feet is allowed, and may be illuminated, including exposed neon and LED, but nonflashing.

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).

Signs are allowed to be displayed for a maximum of 30 days (exception: rent/leasing sign).

In the lower right corner of the sign, the date of first day of display MUST be shown.

Temporary signs may not be illuminated.

Signs should not be taped to the glass and should not be placed crossing over window mullions and should be tastefully arranged and organized.

Signs shall not be placed to block out the window area.

Temporary signs are limited to a total of six additional square feet.

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.

Sandwich and A-frame signs are permitted, provided that:

They are professionally constructed;

They are located on private property, do not block any portion of a designated pedestrian passageway, are not located in a parking area;

They are limited to daily specials and special sales;

They are limited to one per business.

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.

Signs in residential districts. Only the following types of signs shall be permitted in residential districts:

Signs specified in § 215-37P.

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.

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.

Signs in B-N Districts.

Signs specified in § 215-37P.

Signs specified in residential districts.

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.

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.

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.

Window signage.

Signs in B-H Districts.

Signs specified in § 215-37P.

Signs specified in residential districts.

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.

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.

Signs in PRO Districts:

Signs specified in § 215-37P.

Wall-mounted directory-of-occupants signs not exceeding five square feet in area are permitted for multiunit buildings and properties.

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.

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.

Signs in OP Districts.

Signs specified in § 215-37P.

Wall-mounted directory-of-occupants signs not exceeding five square feet in area are permitted for multiunit buildings and properties.

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.

Signs in IP-1, IP-2, IP-3 Districts.

Signs specified in § 215-37P.

Signs specified in residential districts.

Wall-mounted directory-of-occupants signs not exceeding five square feet in area are permitted for multiunit buildings and properties.

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.

Signs in C Districts.

Signs specified in § 215-37P.

Signs specified in residential districts.

Signs specified in OP Districts.

§ 215-38 Airport hazard zone

General requirements and provisions.

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.

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.

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.

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.

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.

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.

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.

This chapter shall not apply to:

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.

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.

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.

Delineation of airport hazard zones.

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.

The two types of subzones comprising an airport hazard zone are the runway subzone and the runway end subzone.

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.

Delineation of the runway subzone:

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.

The width of the runway subzone shall be 2,350 feet.

The exact length of the runway subzone shall be determined by one of the two following methods.

For most airports, the length of the runway subzone will be the same as the physical length of the runway.

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.

Delineation of the runway end subzones:

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.

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.

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.

Vertical development allowed within an airport hazard zone.

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.

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.

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.

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.

The methodology used to establish the vertical standards within the runway subzone of an airport hazard zone is further graphically depicted in Figure 1.[1]

Editor's Note: Figures 1 and 2 are included at the end of this chapter.

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.

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.

The methodology used to establish the vertical standard within the runway end zones of an airport hazard zone is further graphically depicted in Figure 2.[2]

. Editor's Note: Figures 1 and 2 are included at the end of this chapter.

Permitted and prohibited land uses within an airport hazard zone.

The following uses are permitted within an airport hazard zone except if used in conjunction with a prohibited land use:

Those uses as permitted in the underlying zone districts of the airport hazard zone.

The following are specifically prohibited land uses:

Residential (dwelling units);

Planned unit developments and multifamily dwellings;

Hospitals;

Schools;

Bulk flammable or bulk compressed gas storage;

Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids;

Single uses that would attract crowds in excess of 500 persons;

Within the runway end zones only, the aboveground bulk tank storage of flammable or toxic gases and liquids;

Incineration facilities;

Uses that may attract massing birds, including land fills; and

Above-grade major utility transmission lines and/or mains.

Permit for creation or expansion of prohibited land use or vertical height development.

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:

An application in conformance with the provisions of this section has been properly submitted;

A conditional development approval has been granted by the appropriate municipal agency, if required;

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

Creation or establishment of the prohibited land use or vertical height development will not harm the public health, safety and welfare.

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.

Municipal approval.

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.

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.

Permit application requirements.

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:

Copies of a completed airport hazard permit application form. Copies of same are available in the Municipal Clerk's office;

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;

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;

Certification that the applicable airport owner(s) or authority was notified of the permit application by registered mail;

Submission of a nonrefundable permit application fee of $75;

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.

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

Permit application decisions.

The Commissioner may take one of the following actions:

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.

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.

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.

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.

Liability.

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.

CANNABIS BUSINESS or BUSINESS

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.

§ 215-39 Medical cannabis businesses.

[Added 10-16-2018 by Ord. No. 18-26; amended 12-10-2019 by Ord. No. 19-24]

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACT

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.

CANNABIS

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.

CAREGIVER

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.

CAREGIVER IDENTIFICATION CARD

The New Jersey Medical Marijuana Program Identification Card, which identifies registered caregivers under the Act.

MEDICAL CANNABIS CULTIVATOR OR CULTIVATION CENTER

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.

MEDICAL CANNABIS DISPENSARY or 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.

MEDICAL CANNABIS MANUFACTURER OR MANUFACTURING FACILITY

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.

MEDICAL USE OF CANNABIS

The acquisition, possession, transport or use of cannabis or paraphernalia by a registered qualifying patient as authorized by the Act.

MMP IDENTIFICATION CARD

The New Jersey Medical Marijuana Program Identification Card, which identifies registered qualifying patients under the Act.

PARAPHERNALIA

The definition as provided in N.J.S.A. 2C:36-1.

PERMIT

The documents issued by the permitting authority pursuant to the Act granting the legal right to operate as a cannabis business.

PERMITTING AUTHORITY

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.).

QUALIFYING PATIENT or PATIENT

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.

USABLE CANNABIS

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.

VERTICAL INTEGRATION

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.

Limitation on the number of cannabis businesses within the Township.

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.

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.

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.

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.

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.

Permitted locations.

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:

Subarea 1 (SA-1);

Subarea 2 (SA-2);

Subarea 3 (SA-3) along Spruce Street frontage only;

Subarea 4 (SA-4) along street frontage only;

Subarea 5 (SA-5) along Olden Avenue frontage only;

Subarea 6 (SA-6) along Olden Avenue only;

Subarea 8 (SA-8) along Arctic Parkway only;

Town Center (TC); and

Professional Office (PRO) along River Road, Parkside Avenue, and Pennington Road only.

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:

Subarea 1 (SA-1);

Subarea 2 (SA-2);

Subarea 3 (SA-3);

Subarea 4 (SA-4);

Subarea 5 (SA-5);

Subarea 6 (SA-6);

Town Center (TC), existing industrial/warehousing sites only; and

Industrial Park-1 (IP-1).

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.

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:

Subarea 2 (SA-2);

Subarea 3 (SA-3);

Subarea 5 (SA-5);

Subarea 6 (SA-6);

Subarea 7 (SA-7);

Industrial Park-1 (IP-1); and

Industrial Park-3 (IP-3).

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.

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:

Not located directly on a major street frontage or immediately adjacent to the site.

Secured in accordance with all applicable provisions as defined in the Act and outlined in Subsection J below.

No marketing or advertisement of the site within a Drug-Free School Zone.

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.

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.

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.

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.

Specific requirements for cannabis businesses.

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.

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.

You must have an active MMP Identification Card or Caregiver Identification Card in order to enter any dispensary.

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.

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.

All Township sign regulations must be complied with.

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.

Parking shall be provided as provided for in § 215-36, except that:

Dispensary shall be the same as professional office.

Cultivation center shall be the same as research and laboratory use.

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.

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:

The premises must only be accessed by authorized personnel and free of loitering.

All cultivation of cannabis shall take place in an enclosed, locked facility.

Security personnel must be present during times of operation.

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.

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.

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.

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.

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.

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.

Prevention of emissions and disposal of materials.

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.

Businesses shall properly dispose of all materials and other substances in a safe and sanitary manner in accordance with state regulations.

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.

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.

All state regulations concerning ventilation systems shall be followed.

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.

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.

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:

Additional security requirements;

Limits and requirements on parking and traffic flows;

Requirements for walls, doors, windows, locks and fences on the premises and adjacent grounds;

Limits on cannabis products that may be sold;

Requirements and limits on ventilation and lighting;

Limits on noise inside the licensed premises or on the adjacent grounds;

Prohibitions on certain conduct in the cannabis business;