In interpreting and applying these regulations,
the requirements contained herein are declared to be the minimum requirements
necessary to carry out the purpose of these regulations. Except as
hereinafter provided, these regulations shall not be deemed to interfere
with, abrogate, annul or otherwise affect in any manner whatsoever
any easements, covenants or other agreements between parties. Whenever
the provisions of these regulations impose greater restrictions upon
the use of land or buildings, or upon the height of buildings, or
require a larger percentage of lot to be left unoccupied than the
provisions of other ordinances, rules, regulations, permits, or any
easements, covenants, or other agreements between parties, the provisions
of these regulations shall govern.
[Amended by Ord. No. 1989-30; Ord. No. 97-12]
A. Conformity with height regulations. No building shall
be erected, modified, converted, enlarged, reconstructed or structurally
altered to exceed the height limit herein established for the district
in which such building is located.
B. Height exceptions. The height limits of these regulations
shall not apply to:
(1) Church spire, belfry, cupola, dome, penthouse or ornamental
tower not intended for human occupancy, nor to a monument, water tank
or cooling tower, observation tower, transmission tower, fire tower,
fire wall, chimney, smoke stack, steeple, conveyor, flagpole, radio
or television tower, mast or aerial, ventilator, skylight, elevator
or stair bulkhead, air-conditioning equipment, similar features and
necessary mechanical appurtenances required to operate and maintain
a building and usually carried above the roof level. Any or all of
such features, in the aggregate, shall not occupy more than 10% of
the area of the roof of the building, except that radio or television
tower, mast or aerial shall not exceed 50 feet from ground line in
all residential districts.
(2) Barns, silos, windmills, water tanks or other farm
buildings or structures.
(3) Sand and gravel processing plants, industrial storage
silos.
(4) Cellular telecommunications tower.
C. Ornamental features. The provisions of this chapter
shall not apply to prevent the erection above the building height
limit of a parapet wall or cornice for ornament and without windows,
extending above such height limit not more than five feet.
[Amended by Ord. No. 97-12]
A. Satellite dish antenna. A satellite dish antenna is
herein defined as "a device incorporating a reflective surface that
is solid, open mesh or bar configured and in the shape of a shallow
dish, cone, horn or cornucopia, for use to receive and/or transmit
radio or electromagnetic waves between terrestrially and/or orbitally
based uses." No satellite dish antenna larger than one meter in diameter
shall be installed in any residential zone, except that one satellite
dish antenna may be permitted as an accessory use to a single-family
dwelling or multifamily apartment use pursuant to FCC regulations,
subject to the following standards:
(1) The requirements of this section shall apply to all
satellite dish antennas, regardless of diameter, proposed to be located
in historic districts subsequent to the designation thereof in the
Ewing Township Master Plan and successful petition to the Federal
Communications Commission by the Township for a waiver of preemption.
(2) Except where otherwise specified herein, the reflective
surface of the satellite dish shall not exceed six feet in diameter.
(3) A freestanding satellite dish regulated by this section shall be subject to the same location requirements as other principal buildings in the same zoning district. No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of §
215-45B of this chapter.
(4) A freestanding satellite dish shall be located as
close to the center of the rear yard and rear facade of a principal
building as possible without causing significant interference with
reception. A waiver may be sought from the board of jurisdiction for
a location within the required yard area of a principal building,
but in no case shall it be permitted nearer to a property line than
is allowed for accessory buildings in the zoning district. For aesthetic
and safety purposes, the rear yard shall be enclosed with a fence
that is opaque to a height of at least four feet and that otherwise
conforms to the fence requirements of the Township of Ewing. The perimeter
of the base of the supporting structure shall be landscaped with appropriate
plant materials to a height of three feet or the lowest part of a
dish antenna, whichever is higher.
(5) A freestanding satellite dish antenna shall not exceed
10 feet in height measured from the base to the top of the antenna
in an upright position.
(6) Satellite dish antennas and supporting structures
shall be maintained in good physical condition and comply with all
applicable building and safety codes.
B. Ham radio antenna. A ham radio antenna is herein defined
as a device mounted on a freestanding support structure or secured
to a roof or wall of a building and used to receive and transmit radio
communications between other terrestrially based sites. A ham radio
antenna is permitted as an accessory use to a single-family dwelling
pursuant to FCC regulations and in accordance with the following:
(1) A freestanding ham radio antenna shall be subject
to the same location requirements as a principal building in the same
zoning district and as further provided herein, and shall not exceed
the average height of principal buildings on adjoining lots by more
than 15 feet to a maximum of 50 feet in height.
(2) No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of §
215-45B of this chapter.
(3) A freestanding ham radio antenna shall be located
as close to the center of the rear yard and rear facade of a principal
building as possible without causing significant interference with
reception. A waiver may be sought from the board of jurisdiction for
a location within the required yard area of a principal building,
but in no case shall it be permitted nearer to a property line than
is allowed for accessory buildings in the zoning district. For aesthetic
and safety purposes, the rear yard shall be enclosed with a fence
that is opaque to a height of at least four feet and that otherwise
conforms to the fence requirements of the Township of Ewing. The perimeter
of the base of the supporting structure shall be landscaped with appropriate
plant materials to a height of three feet.
(4) Ham radio antennas and supporting structures shall
be maintained in good physical condition and comply with all applicable
building and safety codes.
[Added 4-24-2001 by Ord. No. 01-08]
A. Purpose. Pursuant to the "unmet need" requirements
of the Fair Share Housing Plan of the Ewing Township Master Plan Housing
Element, an affordable housing planned residential development may
be developed within the OP-2 and IP-1 zoned portions of Block 225.01,
Lot 1, subject to the following requirements, and further provided
that a minimum of 20% of the total dwelling units created be set aside
for occupancy by low- or moderate-income households as determined
by the Council on Affordable Housing. The Township will permit developers
of sites zoned for inclusionary development in Zones IP-1 and OP-2
to pay a fee in lieu of building low- and moderate-income units, provided
the Council determines the Township's housing element and fair share
plan provides a realistic opportunity for addressing the Township's
fair share obligation. The fee may equal the cost of subsidizing the
low- and moderate-income units that are replaced by the development
fee. For example, an inclusionary development may include a twenty-percent
set-aside, no set-aside and a fee that is the equivalent of a twenty-percent
set-aside and a combination of a fee and set-aside that is the equivalent
of a twenty-percent set-aside.
B. Permitted housing types. The planned residential development
shall be designed as residential clusters consisting of either attached
single-family or cluster multifamily apartments.
C. Residential density. The net residential density for
any one residential cluster shall not exceed eight dwelling units
per acre, and the overall residential density of the planned residential
development shall not exceed six dwelling units per acre.
D. Parking. Parking shall be provided in accordance with
the Residential Site Improvement Standards, except that every attached
single-family dwelling unit shall have at least one parking space
within an enclosed garage attached to the principal building on the
lot.
E. 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.
F. 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. Illumination Engineers Society (IES) standards
shall be used to determine appropriate illumination levels for each
section of a planned development.
G. 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.
H. 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 the Land Development Ordinance:
(1) 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.
(2) A comprehensive fiscal impact analysis.
I. 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.
J. Outdoor recreation. A portion of the common open space
of a planned unit or planned unit residential development equal to
an area not less than 250 square feet per dwelling unit shall be designed
and developed for active or passive recreation. Such recreation area
shall be centrally located among the residential clusters. The pedestrian
and bicycle circulation plan for the development shall link the residential
clusters to each other and to the recreation area(s). Bicycle paths
shall be appropriately signed for safety.
K. New planned residential developments. The following
provisions shall apply to new planned residential developments:
(1) All developments must front on a primary or secondary
collector street as indicated on the adopted Circulation Element of
the Master Plan.
(2) 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.
(3) 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.
(4) Adequate clothes washing and drying facilities shall
be located in each dwelling unit. No outside area or equipment shall
be permitted for laundering purposes.
L. Multifamily clusters. Multifamily clusters shall comply with the requirements for cluster multifamily development pursuant to §
215-17 of this chapter, as amended, subject to the residential density limitations of this section.
M. Homeowners' association. A homeowners' association shall be created for the planned residential development in accordance with §
215-18I of this chapter.
N. Single-family detached housing types. Single-family
attached housing types may be of quadruplex or townhouse design, and
each unit shall be on a fee-simple lot, except that not more than
six townhouse units may be included in one building. The following
additional standards shall apply to single-family attached housing
types:
(1) Townhouse units attached on a single linear plane
shall not exceed a length of 192 feet;
(2) Each quadruplex unit and townhouse shall have a private
yard of at least 200 square feet;
(3) Each townhouse unit or quadruplex unit shall be in
a one-story building, except that such a unit may have two stories,
provided that the largest bedroom is located on the first-story level
and any additional bedrooms are located on the second-story level;
(4) A minimum of 300 square feet of storage shall be provided
for each unit in the basement, attic or other area attached to the
unit (excluding the garage). This area shall include storage for garbage
in the front of the unit, bicycles, garden equipment, barbeque equipment
and so forth; and
(5) Accessory buildings shall be located to the rear of
the unit and be set back at least five feet from the side and rear
property lines and at least 10 feet from another principal or accessory
building.
O. Signage. Signage for planned residential developments shall be designed in accordance with §
215-18H of this chapter.