A.
Prohibited uses. All uses not specifically permitted in a zone are
specifically prohibited in that zone.
B.
Use compliance. Except as hereinafter provided, no building or structure,
or part thereof, and no lot of land, or part thereof, shall be used
except in conformity with the regulations herein prescribed. Any lawfully
established use that does not conform to the use regulations of this
chapter shall be deemed a nonconforming use.
C.
Structure or building compliance. Except as hereinafter provided,
no building or structure, or part thereof, shall hereinafter be erected,
structurally altered, enlarged or rebuilt except in conformity with
the lot dimension, yard, coverage, height and spacing regulations
herein prescribed. Any lawfully established building or structure
that does not conform to the building regulations of this chapter
shall be deemed a nonconforming structure.
D.
Preexisting nonconforming use. Any lawfully established use of a building or structure, lot of land, or part thereof, or subdivision, existing at the time of adoption of this chapter, which use is nonconforming to the provisions of this chapter, may be continued, and shall be subject to the provisions of § 230-26 of this article.
E.
Lot area and yard required. The lot area and yard requirements for
any new building or use shall not include any part of a lot that is
required by any other building or use. The required lot or area for
maximum permitted dwelling unit calculation shall not include the
area of any lot that has been deed restricted from future residential
development.
F.
Minimum lot size. Where a minimum lot size is specified, no primary building or use shall be erected or established on any lot of lesser size than as specified within this chapter, except as specified in Subsection G below.
G.
Exceptions to minimum lot size and yard requirements.
(1)
All residential lots of: 30,000 square feet or less shall not include
any resource protection areas within the required minimum lot area;
and more than 30,000 square feet shall include a minimum contiguous
area of 30,000 square feet of lot area exclusive of resource protection
areas. The minimum lot area or minimum contiguous non-resource protection
area shall permit a circle with a diameter of 100 feet to be inscribed
within it. The building envelope shall be drawn to include the area
within the applicable building setbacks and to exclude resource protection
areas. All buildings and septic disposal fields, except as otherwise
provided for single-family detached cluster development, shall be
located within the building envelope. Areas with trees on wooded lots
[§ 230-116G(7)] shall not be treated as "resource protection
areas" for the purposes of applying this subsection only.
[Amended 9-26-2011 by Ord. No. 2011-11LU]
(2)
The provisions of this chapter shall not prevent the construction
of a structure for a permitted use on any lot that was lawful when
created, that has been duly recorded by plan or deed, and that, prior
to the effective date of this chapter, was in separate ownership,
provided that:
(a)
Within the A-1 Zone, those lots not served by public water and
sewers shall meet all requirements of the applicable regulatory agency,
provided that there is a minimum lot area of 1 1/2 acres. Within
the A-2 Zone, those lots not served by public water and sewers shall
meet all requirements of the applicable regulatory agency, provided
that there is a minimum lot area of three acres.
(b)
In no case shall any front yard or rear yard setback be less
than 25 feet.
(c)
Where side yard setbacks are required, the side yards shall
aggregate at least 40% of the total lot width or meet the normal requirements
of the district in which the lot is located, but in no case shall
any side yard be less than 25 feet.
(d)
In the case of an irregularly shaped lot, the required minimum
lot width for the applicable zoning district shall be provided along
the front yard building setback line, but the lot width at the street
line may be reduced to not less than 75% of the required minimum lot
width.
H.
Trailers, trailer coaches, or automobile trailers.
(1)
Except as hereinafter provided, all trailers, trailer coaches, or
automobile trailers or any vehicle or structure: designed to be mounted
on wheels or used as a conveyance or propelled or drawn by its own
or other motive power even if its wheels or other means of locomotion
have been removed; and designed and constructed in such manner as
will permit occupancy thereof as sleeping quarters for one or more
persons, or the conduct of any business or profession, occupation
or trade, shall be prohibited in the Township. The Construction Official
of the Township shall not issue a construction permit, certificate
of occupancy or other permits or certificates which will permit said
trailers, trailer coaches, automobile trailers or other such vehicles
to be located within the territorial limitations of the Township.
Nothing herein shall prohibit the use of manufactured homes as permitted
by N.J.S.A. 40:55D-100 et seq.
(2)
A building permit and a temporary certificate of occupancy may be
issued for a period not to exceed 12 months for the use of a trailer
designed for occupancy by one or more persons on a residential lot
whereon the dwelling has been rendered uninhabitable by fire or natural
disaster, provided that proper connections to water, sewer and electricity
have been made and the necessary construction permits obtained. The
trailer must be removed within 30 days of the issuance of a certificate
of occupancy for the primary dwelling.
(3)
Recreational vehicles, recreational trailers, utility trailers, horse
trailers, and boat trailers shall be permitted to be parked on a lot
if located thereon in such a manner as to be unobtrusive under normal
conditions.
(4)
One temporary construction trailer for office use and storage shall
be permitted on a construction site, provided that the Construction
Code Official has issued a temporary permit therefor. Any temporary
construction trailer shall comply with all setback requirements for
the lot on which it is sited. Any temporary construction trailer shall
be removed not later than 12 months after the start of construction
or two weeks after issuance of the last certificate of occupancy for
the construction project, whichever comes first.
(5)
Business
trailers shall be permitted to be parked on a lot if located thereon
in such a manner as to be unobtrusive under normal conditions, provided
that:
[Added 2-25-2019 by Ord. No. 2019-01]
(a)
For properties up to three acres, there shall be permitted no more
than one business trailer.
(b)
For properties up to six acres, there shall be permitted not more
than two business trailers.
(c)
For properties over six acres, there shall be no more than five business
trailers.
(d)
Under no circumstances shall any business trailer be permitted to
park in the front yard of any property other than in the driveway.
No parking shall be permitted in the side yard setback of any property.
I.
Tractor-trailers. All tractor-trailers, whose prime purpose is to
sell, store, transport, maintain, and/or repair goods, shall be prohibited
from being parked or sited in the Township except for a period of
not more than 48 hours to permit making deliveries. The Construction
Code Official of the Township shall not issue permits or certificates
that will permit said tractor-trailers to be located within the Township.
However, one tractor-trailer vehicle, being both fully owned and operated
by the resident as part of his business prior to January 1, 1987,
may be parked on a lot of no less than three acres, if located in
such a manner as to be unobtrusive under normal conditions.
J.
Agricultural vehicles. Nothing in this chapter shall be construed
as a limitation upon the reasonable number, size or type of vehicles
that may be used as accessory to an agricultural use on a farm as
defined in this chapter.
K.
Frontage. No building or use will be permitted on a lot unless that
lot has frontage on a public street, a street for which improvements
satisfactory to the Township Engineer have been guaranteed by either
cash or bond, or a private accessway that has been suitably improved
in accordance with Township standards.
L.
Street frontage. All lots must have frontage on a public street or a private accessway conforming to the standards and requirements set forth in § 230-135 of this chapter for at least the minimum lot width requirement for their zones, except that lots on curved streets, culs-de-sac or dead-end turnarounds must abut said right-of-way for at least 75% of the required minimum lot width for the zone.
M.
Setbacks on streets that may be widened. Where a lot has frontage
upon a street which in the Master Plan or on the Official Map of Delaware
Township is contemplated for right-of-way widening, the required front
yard setback or area shall be measured from such proposed future right-of-way
lines.
N.
Frontage on through lots. On any through lot, the front of such lot
shall, for the purposes of this chapter, be considered that frontage
upon which the majority of the buildings in the same block front.
If there has been no clearly defined building frontage established,
the owner, when applying for a building permit, shall specify the
lot line to be considered the front lot line.
O.
Existing buildings on new lots. Where a lot is formed from part of
another lot, and occupied by a building, such division shall be effected
in such a manner as to meet all of the requirements of this chapter
with respect to the existing building or yards and open spaces in
connection therewith. No permit shall be issued for the erection of
a new building on a new lot thus created, unless the lot complies
with all the provisions of this chapter.
P.
Setbacks and easement lines. Setbacks shall conform to easement lines
when said easements extend further into the lot than the minimum setbacks
required for the zone.
Q.
Sewage disposal within setback. All sewage disposal facilities shall
be located within the building envelope of a lot, subject to the following
exceptions:
[Amended 4-28-2008 by Ord. No. 2008-08LU]
(1)
In a single-family detached cluster development, sewage disposal
facilities shall be permitted as regulated by ordinance.
(2)
If a sewage disposal system has failed, and the Board of Health has
determined that soil test results preclude locating the replacement
system within the building envelope, then the system shall be located
at least 10 feet from the property line.
R.
Displays in front yard. No outside display of wares for sale, vending
machines, or products manufactured on the site shall be permitted
in the front yard of any lot, except as otherwise permitted by this
chapter.
S.
Roof structures. Roof structures such as mechanical equipment, water
towers, etc. shall be screened from public view or designed in such
a fashion as to complement the architecture of the building.
T.
Obstructions to vision at street intersections. At the intersection
of two or more streets other than county roads, or at the intersection
of a private accessway or driveway with a street, no wall, fence,
hedge, or other structure shall be erected to a height in excess of
30 inches above curb level or center line grade, whichever is higher,
nor shall any other obstruction to vision be permitted within the
triangular area formed by the intersecting street or street and driveway
or private accessway lines at points which are 25 feet distant from
the point of intersection, measured along the edge of the cartway.
Trees whose branches are trimmed away to a height of at least 10 feet
above curb level or center-line grade, whichever is higher, shall
be permitted.
U.
Abandoned vehicles. The abandonment or storage out-of-doors of any
motor vehicle not currently in use for transportation and not currently
licensed or registered is prohibited. Nothing herein contained shall
be deemed to prohibit the placing, keeping or storage of any motor
vehicle, junk automobile or junk automobile body in a totally enclosed
garage, barn or other outbuilding.
V.
Personal wireless communications service facilities.
(1)
Purpose. The purpose of this subsection is to provide sound land
use policies for the siting of personal wireless telecommunications
facilities and their appurtenant equipment within the municipal boundaries
of the Township of Delaware for the benefit of the public in accordance
with the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7).
The goals and objectives of these policies are:
(a)
To protect the public health, safety and general welfare of
the citizens of Delaware Township.
(b)
To ensure that such development occurs in a manner to minimize
adverse effect to surrounding properties.
(c)
To encourage the location of such facilities in nonresidential
areas.
(d)
To encourage providers of personal wireless communication services
to locate such facilities in areas where the adverse visual impact
to the community will be minimal.
(e)
To encourage providers of personal wireless communication services
to design their facilities in ways that minimize adverse visual impacts
through the careful use of siting, screening, and camouflaging techniques.
(f)
To minimize the number of such facilities throughout the community.
(g)
To promote the joint use of new and existing facilities.
(h)
To avoid damage to adjacent properties from structural failure
of any facility.
(2)
Applicability. No PWSF shall be erected in the Township of Delaware unless permitted herein or permitted as a conditional use subject to the regulations of Article IV, § 230-43, or approved by grant of a variance therefor by the Zoning Board of Adjustment. All new PWSFs shall be subject to this section and, where applicable, to the regulations of § 230-43, with the following exceptions:
(a)
Amateur radio station antennas. This section shall not apply
to any structure up to 35 feet in total height that is either owned
and operated by an amateur radio station operator or supports a receive-only
antenna.
(b)
Towers or antennas used solely for public safety purposes by
governmental agencies. This section shall not apply to towers or antennas
used solely for public safety purposes by governmental agencies.
(c)
Preexisting PWSFs. Preexisting PWSFs shall meet the requirements of Subsection V(3)(f), (g) and (h), below, but all other requirements of this section shall not apply to preexisting PWSFs unless an enlargement or structural modification or the addition of antennas or structural members thereto is proposed.
(d)
Guyed antenna support structures. Guyed antenna support structures
are not permitted.
(e)
Satellite dish antennas. This section shall not govern parabolic
satellite antenna dishes not used for personal wireless communications.
(3)
General requirements for PWSFs.
(a)
Construction or installation of a PWSF shall require a construction
permit. The Township shall condition the issuance of any construction
permit for a new or relocated PWSF or for the installation of antenna(s)
on an existing antenna support structure on the posting of a bond
or other suitable guarantee in a face amount of not less than 150%
of the estimated cost, as determined by the Township Engineer, of
removal of all facilities associated with the installation covered
by the construction permit and restoration of the property to a predevelopment
condition.
(b)
Presence of other uses and structures on a lot. Notwithstanding
any other provisions of this Land Use Ordinance or any other ordinance
of the Township of Delaware, the presence of another use or structure
on a lot shall not preclude the installation of a PWSF on the same
lot.
(c)
Lot area and dimensions. For purposes of determining whether
the installation of a PWSF complies with the zoning regulations, including,
but not limited to, setback requirements, impervious coverage limitations,
and other bulk requirements, the area and dimensions of the entire
lot shall control, even though the PWSF may be located on a leased
portion of the lot.
(d)
Antenna support structures. Any new or replacement antenna support
structure shall be designed as a stealth structure using or simulating
a type of man-made or natural element normally found within the context
of the site. A support structure, not designed as a stealth structure,
may be approved by the municipal agency only after having determined
that it will have minimal visual obtrusiveness.
(e)
Aesthetics. To reduce negative visual impacts, all new PWSFs
shall comply with the following:
[1]
For any site at which one or more antenna(s) are to be erected, whether on a new antenna support structure or on an existing building or other structure, the design of all related equipment building(s), structure(s) or cabinet(s) on a facilities site shall use materials, colors, textures, screening and landscaping that will blend them into the natural setting and/or surrounding buildings. Landscaping and screening shall be provided in accordance with Subsection V(3)(l) below.
[2]
The antenna(s) and exterior electrical and mechanical equipment
must be of a color that is identical to, or closely compatible with,
the color of the antenna support structure on which such facilities
are mounted so as to reduce their visual obtrusiveness.
(f)
Lighting.
[1]
Except for emergency lighting, PWSFs shall not be artificially
lit, unless required by the FAA. PWSFs shall not be located where
they would exceed FAA height standards that require lighting.
[2]
In the event the lighting of a PWSF becomes required by applicable
FAA and FCC standards and regulations, the lighting method, design,
and intensity must be selected to minimize the disturbance to surrounding
properties and views and shall be approved by the municipal agency.
(g)
State and federal requirements.
[1]
All facilities must continuously comply with all applicable
standards and regulations of the FAA, the FCC, and any other agency
of the state or federal government with the authority to regulate
PWSFs. If such standards and regulations are changed, the PWSF(s)
to which such standards and regulations apply shall be brought into
compliance with such revised standards and regulations within six
months of the effective date of such standards and regulations, unless
a different compliance schedule is mandated by the controlling state
or federal agency. Failure to bring a PWSF into compliance with such
revised standards and regulations within the specified time shall
constitute grounds for removal of the noncompliant facilities.
[2]
All transmission facilities shall comply continuously with the
"Radio Frequency Protection Guides" in the American National Standards
Institute "Safety Levels with Respect to Human Exposure to Radio Frequency
Electromagnetic Fields, 300K to 100 GHz" (ANSI C95.1-1992). As a condition
of approval by the municipal agency and/or prior to the issuance of
a construction permit for any transmission facility, the service provider
shall consent, in writing, to document, at any time, upon receipt
of a written request therefor from the Township, the facility's continuing
compliance with ANSI C95.1-1992 standards.
[3]
No certificate of occupancy shall be granted for any PWSF with
transmission capability without documentation from the applicant's
engineer to the Construction Official that all FCC regulations regarding
nonionizing electromagnetic radiation (NIER) will be satisfied and
that radio frequency levels will not exceed ANSI C95.1-1992 guidelines
for public safety.
[4]
The responsibility for continuous compliance with this Subsection V(3)(g) shall reside with each service provider using a PWSF. However, in the event of noncompliance, the responsibility for removal of the noncompliant PWSF related equipment shall reside with the owner of the property on which such facilities are located, the terms of any lease or other private agreement notwithstanding. If removal is not effected by the property owner within 30 days of notification by the Construction Official to the property owner, the municipality shall cause the removal of the non-compliant facilities and the cost thereof shall be assessed against the property owner and shall become a lien against the property.
(h)
Construction codes; safety standards.
[1]
To ensure their structural integrity, all PWSFs shall be constructed
in accordance with the manufacturer's specifications, and plans for
their installation shall be certified by an engineer licensed in the
State of New Jersey. The antenna support structure shall meet the
requirements of the Uniform Construction Code, as may be amended from
time to time,[1] with respect to wind loads, and shall be engineered and
positioned so that in the event it falls, it will collapse entirely
within the area to be owned or leased by the service provider.
[2]
All new support structures shall also meet the standards contained in the American National Standards Institute's "Steel Antenna Towers and Steel Supporting Structures" (ANSI EIA/TIA 222 E-1991). Each owner and/or operator of a PWSF shall ensure that the antenna support structure is maintained in compliance with the foregoing standards. If, upon inspection, the Township of Delaware concludes that an antenna support structure fails to comply with such standard and constitutes a danger to persons or property, then, upon notice being provided to the facility operator, the operator shall have 30 calendar days to bring such antenna support structure into compliance with such standards. Failure to bring such antenna support structure into compliance within said 30 calendar days shall constitute grounds for the removal of the PWSF, as provided in Subsection V(3)(g)[4], above.
(i)
Franchises. Owners and/or operators of PWSFs shall certify that
all licenses and/or franchises required by law for the construction
and/or operation of a communications system within the Township of
Delaware have been obtained and shall file copies of such licenses
and/or franchises with the Zoning Officer.
(j)
Signs. Permitted signs at PWSF sites shall be limited to necessary
safety warnings and emergency contact signs not intended to be visible
from off-premises. No other advertising or identification signs shall
be permitted on the PWSF.
(k)
Co-location. Any newly proposed support structure shall be designed
to accommodate not only the applicant's antenna(s) and ground equipment
and connections, but also comparable antennas and ground equipment
and connections for at least two additional providers of personal
wireless communications services. The support structure shall be designed
to allow for the future rearrangement of antennas, if necessary, and
to accept antennas mounted at varying heights.
(l)
Landscaping and screening. The following requirements shall
govern the landscaping and screening of PWSFs:
[1]
A landscaped buffer shall be provided around all new PWSF installations and shall consist of a variety of native, drought-resistant evergreen plants that will effectively screen the view at ground level of the PWSF-related equipment from public view and from any property used or zoned for residential purposes. The minimum landscaped buffer shall consist of a landscaped strip at least 10 feet wide located outside the fenced perimeter of the compound. Such screening shall have a height at time of planting of at least 10 feet and an ultimate height of at least 12 feet. For a list of preferred plantings, refer to § 230-111A(4)(c)[5]. For a list of plantings not to be considered, refer to § 230-106G.
[2]
In locations where the visual impact of the PWSF would be minimal
due to existing topography, vegetation or structures, the landscaped
buffer requirement may be reduced or modified with the approval of
the municipal agency.
[3]
Existing mature tree growth, hedgerows and natural landforms
on the PWSF site shall be preserved to the maximum extent possible.
In certain cases, such as where support structures are sited on large,
wooded lots, the natural growth around the perimeter of the property
may be deemed by the municipal agency to be a sufficient buffer. The
municipal agency may require a conservation easement to be placed
on existing wooded areas that are needed to provide screening.
(m)
Equipment buildings, structures, and cabinets.
[1]
Related equipment including equipment buildings, structures
and cabinets, shall neither contain more then 200 square feet of gross
floor area nor be more than 10 feet high, regardless of where placed.
[2]
No equipment shall be operated so as to produce noise in excess
of the limits set by the local noise ordinance, except when an emergency
situation requires the use of a backup generator.
[3]
All equipment buildings, structures, and cabinets shall be unmanned
except for regular and emergency service and repairs visits.
[4]
Equipment storage buildings or cabinets shall comply with applicable
Construction Code requirements.
[5]
Ground-mounted equipment buildings, structures and cabinets
shall be sited no more than 50 feet from the base of the support structure
of a PWSF and in no case less than 50 feet from any adjoining property
line.
[6]
Emergency exterior lighting. Exterior lighting may be provided
for and used during emergencies only. Any exterior lighting shall
be directed downward and shielded to minimize undesirable off-premises
effects. Emergency lighting shall be limited to a maximum of 15 hours
by use of a timer switch.
(n)
Security fencing. All PWSFs, including related equipment building(s),
structure(s) or cabinet(s), shall be enclosed by security fencing
not less than eight feet in height, which shall also be equipped with
appropriate anti-climbing measures. Such fencing and anti-climbing
measures shall be maintained in good condition by the owner and/or
operator of the PWSF for the life of the PWSF. Electrified fence,
barbed, or razor wire shall not be permitted. "No trespassing" signs
shall be posted on the security fencing.
[1]
The Township shall condition the issuance of any construction
permit for security fencing on the posting of a maintenance bond or
other suitable guarantee in a face amount to be determined by the
Township Engineer for the maintenance of the fencing and related anti-climbing
measures.
(o)
Removal of abandoned PWSFs.
[1]
The owner of a PWSF or related equipment shall provide notice
to the Township within 30 days of the cessation of operations of any
PWSF or related structure(s) and shall provide for the removal of
the unused equipment within 90 days of notification to the Township.
[2]
Any PWSF not providing or supporting wireless communications
and transmission services to the public for a continuous period of
six months shall be declared by the Township to be abandoned by posting
of a public notice. The owner of the abandoned PWSF shall remove same
within 90 calendar days of notice from the Township of Delaware of
such abandonment. Failure of the owner of the abandoned PWSF to remove
same within said 90 calendar days shall be grounds for the Township
to cause the immediate removal of the same. The requirement for removal
of a PWSF antenna support structure shall not become effective until
all providers using the PWSF cease operations of facilities on the
antenna support structure.
[3]
The Township shall condition the issuance of any construction
permit for a new or relocated PWSF or for the installation of antenna(s)
on an existing antenna support structure on the posting of a bond
or other suitable guarantee in a face amount of not less than 150%
of the estimated cost, as determined by the Township Engineer, of
removal of all facilities associated with the installation covered
by the construction permit and restoration of the property to a predevelopment
condition.
[4]
To facilitate compliance with this section, each provider shall,
by January 31 of each year, notify the Construction Official in writing
of the following:
[a]
The name, address, and telephone number of the
current contact person for the provider.
[b]
Any change in the ownership of the facilities in
question since the last report.
[c]
That the PWSF(s) erected or installed by the provider
is/are still in use by the provider.
[d]
Failure to report such information to the Construction
Official shall be deemed prima facie evidence of the onset of abandonment.
[5]
In the event the original bond is insufficient to cover the
full cost of removal and restoration by the Township, the property
owner shall bear the responsibility of any additional costs incurred
by the Township and such additional costs shall become a lien against
the property.
(p)
Rebuilding damaged or destroyed preexisting antenna support
structures.
[1]
A preexisting nonconforming antenna support structure that is damaged or destroyed by any means shall not be rebuilt without first obtaining approval from the applicable municipal agency and without meeting the separation requirements specified in § 230-43, if applicable.
[2]
The type, height, and location of any such rebuilt antenna support
structure shall be the same as the original unless an alternative
is approved by the municipal agency.
[3]
The rebuilt facility shall comply with all currently applicable
Construction Code requirements.
[4]
The permit for the rebuilt facility shall be obtained within 180 days from the date the facility is damaged or destroyed, and if no permit is obtained or if said permit expires, the PWSF and all supporting equipment shall be deemed to have been abandoned, and the removal and restoration provisions specified in Subsection V(3)(o) above shall apply.
(4)
Permitted uses.
(a)
Preexisting PWSFs shall be deemed to be permitted uses in their current locations, regardless of the zoning district in which they are located, subject only to the requirements of Subsection V(3)(f), (g) and (h), above, unless an enlargement, relocation, structural modification or the addition of antennas or structural members thereto is proposed, in which case all other requirements of this Subsection V and applicable conditional use requirements of § 230-43 shall be met.
(b)
An antenna may be attached to any existing agricultural, business,
industrial, office or institutional structure located in any zone,
except the V-1, V-2, and V-3 Zones, provided:
[1]
The total height of the antenna support structure and antenna(s)
does not exceed 10 feet more than the maximum building height permitted
for the zone in which these facilities are located.
[3]
The antenna(s) and related equipment building(s), structure(s) and cabinet(s) shall comply with the requirements of Subsection V(3)(e) above regarding their design, materials, and placement.
[4]
Site plan review shall be required to ensure compliance with the above-cited provisions and all other applicable provisions of this Subsection V.[2]
[2]
Editor's Note: Original Section 3:1.23, Required growth share affordable housing production, added 6-13-2005 by Ord. No. 2005-08, as amended 11-14-2005 by Ord. No. 2005-27 and 9-8-2008 by Ord. No. 208-17, was repealed 5-11-2009 by Ord. No. 2009-10. See § 230-135, Affordable housing development fees, of this chapter.
W.
Accessory apartments.
[Added 9-14-2009 by Ord.
No. 2009-20LU]
(1)
Purpose. Accessory apartments are permitted in conjunction with Delaware
Township's affordable housing program and the rules and regulations
established herein shall be designed to ensure that each accessory
apartment established hereunder shall be and shall remain creditworthy
under the rules and regulations of the New Jersey Council on Affordable
Housing (COAH) for a period of at least 10 years.
(2)
Permitted use. Accessory apartments shall be a permitted use in all
zones in Delaware Township that permit single-family residential uses.
(3)
ACCESSORY APARTMENT
Term defined. As used in this section, the following terms shall
have the meanings indicated:
A second dwelling unit located on a lot containing a single-family
dwelling which has been specifically authorized under the terms of
this section and is established and maintained in a manner consistent
with this section and the Rules of the New Jersey Council on Affordable
Housing. Such a dwelling may be located within the principal structure,
added to a principal structure, or located in a detached accessory
building, provided all other requirements of this section are met.
Such a dwelling may be newly created or may be an existing accessory
or secondary dwelling that is designated as an affordable housing
unit pursuant to this section. Any dwelling unit created or designated
as an accessory apartment pursuant to this section shall be and shall
remain permanently accessory to the primary use of the property as
a single-family dwelling and shall in no way confer upon the property
owner any future rights to subdivide the existing lot in order to
place the accessory dwelling on a separate lot from the principal
dwelling.
(4)
Minimum standards.
(a)
Lot area. An accessory apartment shall be permitted on any lot
meeting the minimum lot area requirements of the zone in which the
lot is located. An accessory apartment shall be permitted on a lot
of less than the minimum lot area required in the zone if the lot
is at least 20,000 square feet in size and if the accessory apartment
will be wholly within an existing structure that is being modified
to create the accessory apartment and if the other requirements of
this section are met. No more than one accessory apartment shall be
established on any lot that is less than twice the minimum lot area
required for the zone (or less, if applicable). Lots that are twice
the minimum lot area required for the zone or more may be permitted
a second accessory apartment if all other requirements of this section
are met for each accessory apartment.
(b)
Unit size and description. Accessory apartments shall contain
at least 500 square feet of gross floor area each and no more than
1,200 square feet each, excluding garage space. Each unit shall contain
a minimum of two rooms, one of which shall be a bedroom and one of
which shall not be a bedroom, plus a bathroom and kitchen facilities.
An accessory apartment unit attached to or located within the principal
dwelling must have a separate entrance that is not used for the principal
residence.
(c)
Deed restriction. A deed restriction shall be recorded for any
property containing an accessory apartment created pursuant to this
section specifying that such unit(s) shall remain permanently accessory
to the principal dwelling and shall not in the future be subdivided
and placed on a separate lot from the principal dwelling.
(d)
Parking. A minimum of one off-street parking space shall be
provided for each accessory apartment. In no case shall the parking
provided for an accessory apartment result in a reduction of the existing
parking available for the principal dwelling below two spaces.
(e)
Building setbacks. An accessory apartment shall not be created
within any accessory building located in the front yard of the principal
structure. Applicable side and rear yard setbacks shall be the same
as those for all other accessory buildings within the zoning district.
(f)
Driveways and parking. Where a new paved or gravel driveway
or parking area is proposed, a minimum five-foot setback from any
side or rear property line shall be maintained. Landscaping and/or
solid fencing shall be provided to screen such driveways or parking
areas from adjacent properties and same shall be depicted on the proposed
plot plan.
(5)
Maximum regulations.
(a)
Building height. Notwithstanding the building height limitations
applicable to accessory structures elsewhere in this chapter, structures
containing an accessory apartment authorized pursuant to this section
shall be permitted to have a height of up to 2 1/2 stories and
35 feet.
(6)
Submission requirements and affordable housing regulations.
(a)
Prior to the issuance of a construction permit for an accessory
apartment, a plot plan and architectural plans shall be submitted
to the Zoning Officer for review. Plans shall accurately depict the
location, size, and appearance of the proposed or existing structure
that will contain the accessory apartment. Any construction relative
to the creation of an accessory apartment shall be architecturally
consistent with the appearance of other structures on the same site.
(b)
Before a construction permit shall be issued, the applicant
shall have entered into and recorded an agreement with the Township
of Delaware specifying that the proposed accessory apartment shall
be constructed, occupied, and maintained in a manner that complies
with all of the requirements of the New Jersey Council on Affordable
Housing, including the minimum ten-year length of the affordable housing
deed restriction, the necessity of affirmatively marketing the unit,
the basis for calculating the maximum permitted rent and all incremental
increases in the permissible rent; the method and timing of payments/subsidies
by the Township and any other relevant matters consistent with the
intent and purpose of this section and the affordable housing program
in general.
(c)
Before a certificate of occupancy shall be issued, a separate
permanent deed restriction shall be recorded establishing the accessory
status of the accessory apartment and precluding any subdivision that
would place the accessory apartment on a separate lot from the principal
dwelling.
(d)
Accessory apartments created pursuant to this section shall be created for the sole purpose of providing a supply of housing for moderate-income households and shall conform to all requirements of the New Jersey Council on Affordable Housing and the Township of Delaware. Before any rental or rerental of an accessory apartment, the unit shall be affirmatively marketed by the Township's Affordable Housing Administrative Agent to households throughout the housing region (consisting of Hunterdon, Somerset and Middlesex Counties) in a manner consistent with the affirmative marketing requirements of the New Jersey Council on Affordable Housing. All leases shall be executed in the presence of and witnessed by the Affordable Housing Administrative Agent to ensure that all terms are in full compliance with this section, the Chapter 107, Affordable Housing, and the Rules of the New Jersey Council on Affordable Housing.
(e)
Each accessory apartment shall be created in full compliance
with all applicable Health and Construction Code requirements, including
approval from the Hunterdon County Health Department of the adequacy
of the septic system and well to serve the additional unit. The property
owner shall submit a copy of the Hunterdon County Health Department
approval(s) to both the Construction Official and the Municipal Housing
Liaison.
(f)
If the accessory apartment will be connected to the Delaware
Township Municipal Utilities Authority or other public utility for
either sewage treatment or water supply, the property owner shall
submit proof of the availability of such service(s) to both the Construction
Official and the Municipal Housing Liaison.
(g)
The property owner shall submit an annual affidavit of continuing
use and COAH compliance to the Municipal Housing Liaison by February
1 of each year.
(h)
The rent for an accessory apartment shall be established in
compliance with COAH's rules for moderate income rental units and
shall be consistent with COAH rules.
X.
Minor solar or photovoltaic energy facilities and structures.
[Added 8-8-2011 by Ord.
No. 2011-06LU]
(1)
Roof-mounted.
(a)
No roof-mounted minor solar or photovoltaic energy facilities
or structures shall be installed on a nonconforming structure.
(b)
A roof-mounted minor solar or photovoltaic energy facility or
structure shall be mounted parallel to the roof angle and shall not
exceed a height of 12 inches above the edge of the roof line or above
the highest point of the roof surface or structure.
(c)
A roof-mounted minor solar or photovoltaic energy facility or
structure that is to be mounted on a flat roof may be angled to achieve
maximum sun exposure, but shall not exceed five feet above the roof.
(d)
In no instance shall any part of a roof-mounted minor solar
or photovoltaic energy facility or structure extend beyond the roof
edge.
(e)
All exterior electrical or plumbing lines must be painted a
color scheme that matches as closely as reasonably possible the color
of the structure and adjacent materials.
(f)
An external disconnect switch shall be provided, and the owner
must file a map with the Fire and Police Departments clearly showing
where the disconnect switch is located.
(2)
Ground-mounted.
(a)
A ground-mounted minor solar or photovoltaic energy facility
or structure shall be located on lots of one acre gross or more and
shall not exceed 20% of lot coverage.
(b)
A ground-mounted minor solar or photovoltaic energy facility
or structure shall comply with all principal building setbacks in
the applicable zone.
(c)
A ground-mounted minor solar or photovoltaic energy facility
or structure shall not exceed 12 feet in height.
(d)
All power transmission lines from a ground-mounted minor solar
or photovoltaic energy facility or structure to any building, structure
or utility connection shall be located underground.
(e)
Inverter noise shall not exceed 40 dBA at the property line.
(f)
Roadways within the site shall not be constructed of impervious
materials and shall be designed to minimize the extent of roadways
constructed and soil compaction.
(g)
An external disconnect switch shall be provided, and the owner
must file a map with the Fire and Police Departments clearly showing
where the disconnect switch is located.
Y.
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in Section 3 of P.L. 2021, c. 16 [3], but not the delivery of cannabis items and related supplies
by a delivery service, shall be prohibited in all zoning districts."
[Added 6-14-2021 by Ord.
No. 2021-05]
[3]
Editor's Note: See N.J.S.A. 24:6I-33.
A.
Principal and accessory buildings.
(1)
There shall be no more than one principal building or use erected
or established on any one lot in any agricultural/residential or commercial/residential
zone. This regulation shall not be applicable to nonseverable exceptions
involving a second principal dwelling on a tract of 40 acres or more
that has been preserved under the state's farmland preservation program
(N.J.S.A. 4:1C-11 et seq., the Agricultural Retention and Development
Act).
(2)
No building accessory to a residential use shall be built upon any
lot on which there is no principal building. This prohibition shall
not apply to buildings accessory to agricultural uses. Any newly constructed
accessory building shall not be used for human habitation.
(3)
No building accessory to a residential use shall be permitted in
any required front yard setback area.
B.
Required yard, open space, parking or loading space. No yard, or
part thereof, nor any other open space, or off-street parking or loading
space required in connection with any building for the purpose of
complying with this chapter, shall be included as part of a yard,
open space, or off-street parking or loading space similarly required
for any other building.
C.
Reduction in yard, open space, parking or loading space. No yard,
lot, open space, parking or loading area or other areas required by
this chapter that existed at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
D.
Yard requirements. Except as hereinafter specified in this chapter,
yards required by this chapter shall be entirely free of buildings
or parts thereof.
E.
Setbacks on corner lots. Corner lots shall provide the minimum front
yard setback requirements for the respective zone for both intersecting
streets.
F.
Projections over yards. Cornices and eaves, chimneys and bay windows
which project beyond the building wall and measure two feet or less
from said building wall may extend into any required yard or court,
except that no projection shall be closer than three feet to any lot
line. Any projection measuring more than two feet from the building
wall shall be considered part of the principal building and shall
conform to all setbacks.
G.
Projections into yards. Sills, leaders, belt courses and similar
ornaments or structural features shall not project more than six inches
into any required yard.
H.
Porches and entryways in yards. Porches and entries, uncovered or
covered, that are three feet or more in height above ground shall
be considered as part of the principal building and shall not project
into required yard areas.
I.
Water towers and cooling towers: height. Water towers and cooling
towers shall not extend more than 10 feet above the permitted building
height. Agricultural buildings, such as silos and barns, shall not
be subject to this limitation.
J.
Exterior alterations. Exterior alterations that substantially change
the residential character and nature of a building for the purpose
of changing the use of the building shall not be permitted in any
residential or residential/commercial zone.
K.
Commercial vehicles on residential streets. No commercial vehicle
of more than 1 1/2 tons (manufacturer's rated capacity) shall be parked
on any street overnight in any residential or residential/commercial
zone.
L.
Accessory building for housing equipment during principal construction.
With explicit permission of the Construction Code Official and Zoning
Officer, an accessory building may be erected simultaneously with
the principal structure for the purpose of housing tools and equipment
used in the construction of the principal structure.
[Amended 6-24-2019 by Ord. No. 2019-15]
M.
Commercial
vehicle parking. Parking of commercially registered vehicles upon
any property in any agricultural/residential and any commercial/residential
zones shall be permitted, provided that:
[Added 2-25-2019 by Ord. No. 2019-01]
(1)
For
properties up to three acres, there shall be permitted no more than
one commercial vehicle.
(2)
For
properties up to six acres, there shall be permitted no more than
two commercial vehicles.
(3)
For
properties over six acres, there shall be no more than five commercial
vehicles.
(4)
No
parking of commercially registered vehicles or business trailers shall
be permitted in the front yard of any property other than in the driveway.
No parking of commercially registered vehicles or business trailers
shall be permitted in the side yard setback of any property.
A.
Use compliance. No use shall be established, maintained, or conducted in any Residential/Commercial, Commercial or Industrial Zone that will conflict with the performance standards of Article XI of this chapter.
B.
Zone requirements. Whenever a use is permitted in a particular zone
by reference to another zone, said use shall be subject to all the
requirements of the particular zone in which the use is or will be
located.
C.
Fabrication and assembly. Uses permitted in the Residential/Commercial
or the Highway/Commercial Zone shall not be interpreted to include
any process of manufacture, fabrication, assembly, disassembly, treatment,
conversion, or alteration of any material, unless clearly incidental
or accessory to the principal use.
E.
Certificate of occupancy. A certificate of occupancy shall be obtained prior to occupancy of all premises in accordance with the requirements of § 230-133 of this chapter.
F.
Driveways to commercial or industrial uses. No property in residential
use or in a residential zone shall be used as a driveway or parking
lot to serve a commercial or industrial use.
G.
Driveways to residential uses. A residential use may be served by
a parking lot or driveway on or through a commercial or industrial
use or zone.
H.
Underground utilities. All utility and telephone lines and appurtenances
that provide service to individual lots shall be placed underground,
and all new streets shall have utility and telephone lines and appurtenances
placed underground as provided at N.J.A.C. 5:21 et seq.
I.
Storage and display of merchandise. No goods, wares, merchandise
or other material shall be stored, kept, displayed, or sold other
than in a building, except as permitted by the ordinances of Delaware
Township.
J.
Screening of stored materials. In the industrial zones, no materials,
raw or finished, shall be stored in any yard or open area unless screened
from public view by a solid architectural fence.
K.
Storage of trash; surface and fencing. An enclosed area shall be
provided for the temporary storage of trash and other refuse. The
enclosed area shall be on a durable paved surface and screened by
dense landscaping or a solid architectural fence at least six feet
in height so as to be completely blocked from view from streets and
from adjoining properties.
A.
Purpose. One of the purposes of the Municipal Land Use Law (N.J.S.A.
40:55D-2g) is "to provide sufficient space in appropriate locations
for agricultural uses and open space, both public and private, according
to their respective environmental requirements in order to meet the
needs of all New Jersey citizens."
B.
Agricultural designation. The land in the A-1 and A-2 Zones of Delaware
Township has been explicitly targeted for preservation in the state,
county, and Township master plans. A-1 and A-2-zoned land is designated
as "Agricultural" in the State Development and Redevelopment Plan
and is included in the "Agricultural Development Areas" identified
by the County Agriculture Development Board. In addition, the A-1
and A-2 Zones are intended for future agricultural use in the Hunterdon
County Master Plan.
C.
Right to farm. The owner or operator of a farm has the right to farm
land, providing that the owner or operator meets the eligibility criteria
for differential property taxation pursuant to the Farmland Assessment
Act of 1964 (P.L. 1964, C. 48, N.J.S.A. 54:4-23.1 et seq.) and the
operation of the farm conforms to agricultural management practices
recommended by the State Agricultural Development Committee and all
relevant federal or state statutes or rules and regulations adopted
pursuant thereto and which does not pose a direct threat to public
health and safety. In Delaware Township, the right to farm shall not
extend to concentrated animal feeding operations. The right to farm
shall apply at any time of day or night, including Sundays and holidays.
An owner or operator who meets these requirements may:
(1)
Produce agricultural and horticultural crops, trees and forest products,
livestock, and poultry and other commodities as described in the Standard
Industrial Classification for agriculture, forestry, fishing and trapping;
(2)
Process and package the agricultural output of the farm;
(3)
Provide for the operation of a farm market, including the construction
of building and parking areas in conformance with municipal standards;
(4)
Replenish soil nutrients;
(5)
Control pests, predators and diseases of plants and animals;
(6)
Clear woodlands using open burning (where a permit is obtained) and
other techniques; install and maintain vegetative and terrain alterations
and other physical facilities for water and soil conservation and
surface water control in wetland areas.
(7)
Conduct agriculture-related educational tours or farm entertainment
events or seasonal festivals related to products grown on the farm,
craft fairs, sleigh and hayrides, Halloween rides, and horse shows
as an accessory to a principal farm use subject to a permit from the
Township.
(8)
House necessary farm labor on site, provided that any housing for
such farm labor conforms to municipal standards.
(9)
Operate large, slow-moving equipment over roads within the Township.
(10)
Run machinery and equipment as necessary for the operation of
the farm.
(11)
Apply pesticides, and engage in activities that create odors,
noises, dust, and fumes consistent with farming practices.
(12)
Conduct on-site disposal of organic agricultural wastes in accordance
with agricultural management practices.
D.
Trespass upon agricultural or horticultural lands. Any person who
trespasses upon the agricultural or horticultural lands of another
shall be prosecuted to the fullest extent of the law.
E.
Nuisances caused by farming. It is hereby determined that whatever
nuisance that may be caused to others by these uses and activities
is more than offset by the benefits from farming to the neighborhood,
community, and society in general by preservation of open space. The
preservation and continuance of farming operations in Delaware Township
and New Jersey is a source of agricultural products for this and future
generations and saves a nonreplenishable resource, i.e., the land.
F.
Deeds; notice of agricultural practices. For the purpose of giving
due notice of nearby farming uses or land suitable thereof to new
owners of new residential lots, the Planning Board shall require any
applicant for a major or minor subdivision in the A-1 and A-2 Zones,
as a condition of approval of such application, to include a provision
in each and every deed conveying all or any portion of the lands thereby
subdivided, as well as on filed final subdivision plats, the following
record notice and a waiver by grantees of such present or future proximate
farming uses, which provision shall be made to run with the land:
|
"The grantee hereby acknowledges that there are presently, or
may in the future be, farm uses in proximity to the described premises
from which farm may emanate noise, odors, dust, and fumes associated
with agricultural practices permitted under the Delaware Township
'Right to Farm' ordinance, and, by acceptance of this conveyance,
the grantee hereby does waive any right to bring any cause of action
in law and equity seeking relief from and damages for such activities."
|
A.
General. Development in this zone requires residential usage averaging
three-acre-minimum lots. Continuing agricultural and woodland use
of land shall be encouraged. More specifically, the intent of the
A-1 Zone is:
[Amended 9-26-2011 by Ord. No. 2011-12LU]
(1)
To facilitate land use patterns, densities and practices that support
local, county and state efforts toward sustaining agriculture;
(2)
To support the continuation of existing and future agricultural operations
by limiting opportunities for nonagricultural land use conflicts and
nuisance complaints;
(3)
To preserve prime agricultural soils and soils of statewide importance
which are inextricably linked to long-term agricultural productivity
and whose agricultural value, once lost, is irretrievable;
(4)
To offer diverse land use options and in so doing, support a variety
of agricultural pursuits;
(5)
To provide opportunities for compact development patterns that are
a logical extension of existing historic hamlets or similarly configured
new hamlets and that result in preservation of farmland and open space;
(6)
To facilitate land use patterns and practices that avoid environmental
degradation, which may in turn threaten public and/or ecosystem health;
(7)
To maintain residential densities that ensure the protection of drinking
water supplies and quality;
(8)
To ensure adequate recharge areas for new residential lots to protect
drinking water supply and quality and provide for future agricultural
needs;
(9)
To facilitate land use patterns, densities and practices that retain
woodlands; and
(10)
To implement the Land Use Plan Element of the Master Plan.
B.
Use regulations.
(1)
Permitted uses. Any of the following uses shall be permitted:
(a)
Agriculture or horticulture or agricultural or horticultural uses are permitted uses in the A-1 Zone, including single-family residences and accessory buildings for housing of farm labor that conform to federal and state laws and regulations and the requirements of Subsections C and D, herein, housing for animals, and selling and storing farm products and storing farm equipment.
[Amended 9-26-2011 by Ord. No. 2011-12LU]
(b)
Single-family detached dwelling as a principal structure.
(c)
(d)
Flag lot subdivisions [§ 230-16E(6)].
(e)
Lots on a private accessway [§ 230-16E(7)].
(f)
Accessory buildings clearly incidental to agricultural and residential
uses, including:
[1]
Private garage, not to exceed three spaces per dwelling, except
for agricultural use.
[2]
Home occupations meeting the standards set forth in § 230-104 of this chapter.
[Amended 4-14-2014 by Ord. No. 2014-02LU]
[3]
Swimming pools.
[4]
Tennis courts.
[7]
Other customary accessory structures and uses that are incidental
and subordinate to the principal residential and/or agricultural structure
and use.
(g)
PWSFs as permitted at § 230-13V(3).
(h)
Second principal dwelling on a tract of 30 acres or more [§ 230-16E(8)].
(i)
Hamlets, subject to the provisions of § 230-27 of this chapter.
[Added 9-26-2011 by Ord.
No. 2011-11LU]
(j)
Open lands subdivision, subject to the provisions of § 230-16E(9)
of this chapter.
[Added 9-26-2011 by Ord.
No. 2011-12LU]
(k)
Municipal or state recreational or park use.
[Added 9-26-2011 by Ord.
No. 2011-12LU]
(2)
Conditional uses. The following nonagricultural uses shall be permitted as conditional uses subject to approval by the Planning Board as described in Article IV of this chapter.
(a)
Bed-and-breakfast establishments.
(b)
Caretaker's and guest quarters as defined in this chapter. Caretaker's and guest quarters shall meet the standards set forth in § 230-31 of this chapter.
(c)
Conversion of existing accessory buildings into dwelling units.
(d)
Churches, synagogues, parish houses and similar religious uses,
provided they are near a hamlet, village, or town center.
(e)
Government buildings and services that are necessary to the
health, safety, convenience and general welfare of the inhabitants
of the Township.
(f)
Public utility installations.
(g)
ECHO (elder cottage housing opportunity) units.
(i)
Public and private schools.
C.
Table of performance regulations. All performance regulations shall be met. If any regulation herein is less restrictive than a performance standard in § 230-115, Natural resource protection, in its effect on a particular lot or tract, then the more restrictive regulation shall govern.
D.
Table of Performance, Area and Dimensional Regulations for the A-1
Zone.[4]
[4]
Editor's Note: The Table of Performance, Area and Dimensional Regulations for the A-1 Zone is included as an attachment to this chapter.
E.
Other requirements for A-1 Zones.
(1)
Agricultural Information Report and Environmental Information Report — required. Any applicant proposing a major subdivision in the A-1 Zone shall prepare and submit for the municipal agency's use in evaluating the effect of new construction on agricultural activity, an Agricultural Information Report as described in § 230-117 and, for major subdivisions of lots on greater than 30 acres, an Environmental Information Report as described in § 230-118 of this chapter.
(2)
Structures on priority farmland. No residential structure shall be
erected on land that is designated as priority farmland, unless the
applicant can demonstrate to the municipal agency that there is no
suitable alternative location on the lot.
(3)
Additional development standards.
(a)
Minimum setback from underground or aboveground fuel pipeline:
25 feet from the outermost limit of the pipeline easement.
(b)
Minimum setback from major overhead utility distribution lines:
60 feet from the border of the existing easement line; where no easement
exists, 100 feet from the outermost structure or line.
(c)
Maximum building height: 2 1/2 stories or 35 feet, whichever
is less.
[Added 6-14-2004 by Ord. No. 2004-09LU]
(4)
Accessory buildings and uses for residential uses.
(a)
Accessory buildings attached to a principal building shall comply
with all minimum required setbacks and height requirements for the
principal building.
(b)
Accessory buildings related to a residential use shall comply
with the minimum required front yard setback and height requirements
for the principal building.
(c)
The maximum ground floor area shall not exceed 900 square feet
except for buildings and structures in agricultural use.
[Amended 7-21-2008 by Ord. No. 2008-12LU]
(d)
Side and rear yard setbacks shall be a minimum of 10 feet for
accessory buildings that are 500 square feet or smaller and shall
be a minimum of 50 feet for accessory buildings that are more than
500 square feet up to and including 900 square feet.
[Amended 7-21-2008 by Ord. No. 2008-12LU]
(e)
Accessory buildings for housing of livestock shall be located
no less than 75 feet from any property line. Such accessory building
shall also be located at least 100 feet from any residential structure
on an adjoining lot.
(5)
Flag lot subdivisions. The development standards applicable to a flag lot subdivision are the same as set forth at § 230-16D, except:
(6)
Minor subdivision of lots on a private accessway.
(a)
The development standards for lots on a private accessway in the A-1 Zone shall be as set forth in § 230-16D, except that each lot to be subdivided along a private accessway shall have a minimum lot width of 150 feet on the private accessway and a minimum lot frontage of 10 feet on the public street.
(7)
Second principal dwelling on a tract of 30 acres or more. Any tract
of 30 acres or more may contain or have erected a second principal
dwelling unit, provided the following criteria are met:
(a)
Each dwelling shall be served by a separate septic system and
well.
(b)
Each dwelling and its accessory structures shall be sited in
such a manner that a fully conforming lot meeting all of the requirements
of this chapter can be met.
(c)
The second principal dwelling shall utilize a common driveway
shared with the original dwelling.
(d)
Approval of the septic system and well shall be required from
the Delaware Township Board of Health.
(e)
A survey showing the proposed location of the second principal
dwelling shall be submitted to the Zoning Officer and shall be approved
by the Township Engineer, who shall review the proposed grading and
stormwater management plan prior to the issuance of a building permit.
(8)
Open lands subdivision in the A-1 Zone.
[Added 9-26-2011 by Ord.
No. 2011-12LU]
(a)
Minimum tract size. Open lands subdivisions are permitted on
tracts of 24 or more acres in the A-1 Zone.
(b)
Intent. The primary intent of this option is to promote the
retention of large farm tracts, promote aggregation of smaller farm
parcels into contiguous farms, and promote retention of prime and
statewide important soils. In addition, this option is intended to
promote retention of contiguous wooded tracts and encourage and promote
flexibility, economy and environmental soundness in subdivision layout
and design, including preservation of resource protection areas and
aquifer recharge areas.
(c)
Standards. The following standards shall apply to open lands
subdivisions:
[1]
The open lands subdivision plan may result in a greater dwelling unit yield than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for a open lands subdivision, a lot yield and buildable tract area calculation shall be provided to the municipal agency (see § 230-115C). The number of lots in this calculation shall be the maximum number of lots permitted under an open lands subdivision.
[2]
For purposes of calculating lot yield, the maximum dwelling
unit density applied to the net buildable tract area shall be 0.75
dwelling units per acre. Minimum lot size will be 1.5 acres.
[3]
At least 50% of the net buildable area of the tract shall be
designated as "open lands" and shall, as a condition of approval of
the development, be deed-restricted for agriculture and, where applicable,
for conservation use.
[4]
For tracts of 75 acres or less, the open lands shall be contained
in one single deed-restricted contiguous parcel; for tracts greater
than 75 acres, the open lands may be composed of two or more noncontiguous
parcels, provided that the open land area shall contain at least 30
contiguous acres.
[5]
The Open Space Performance Standards found in § 230-111 shall apply to a permitted open lands subdivision.
[6]
All lots created under this subdivision option shall be deed-restricted
against further subdivision for the purpose of creating an additional
lot or lots.
[7]
To the maximum extent possible, the design of the development
shall maintain a buffer along existing roadways to preserve existing
woodlands that maintain the scenic forested or hedgerow roadside views
and character of the Township. The dimension of the buffer and its
treatment with landscaping and/or fencing shall be subject to review
and approval by the municipal agency.
[8]
The proposed development shall comply with the bulk and dimensional standards contained in § 230-17D.
[9]
Hilltops and views, natural terrain, natural drainage and ridgelines
shall be preserved wherever possible in designing any development
containing such features. As part of the subdivision or site plan
review process, development shall be designed to preserve scenic vistas
and views of cultural/historic landmarks and of unique geologic and
topographic features. On hillsides, development shall be sited below
the ridgeline and the height and location of development shall protect
unobstructed views of the ridges from existing roadways.
[10]
The municipal agency may permit the establishment
of an exception area, not to exceed two acres, to be identified on
the open lands lot, upon which shall be located an existing or proposed
dwelling unit, the septic disposal field, and any other buildings
or structures not used for agricultural purposes. The exception area
and access driveway, which shall be located in a manner consistent
with best agricultural practices and reflecting on-site environmental
and topographic conditions, shall not be included as "open lands"
in calculating the portion of the tract required as open lands. The
residence may only be allowed if the total permitted density is not
exceeded.
A.
General. Development in this zone requires residential usage averaging
six-acre-minimum lots. Continuing agricultural and woodland use of
land shall be encouraged. More specifically, the intent of the A-2
Zone is:
[Amended 9-26-2011 by Ord. No. 2011-12LU]
(1)
To facilitate land use patterns, densities and practices that support
local, county and state efforts toward sustaining agriculture;
(2)
To support the continuation of existing and future agricultural operations
by limiting opportunities for nonagricultural land use conflicts and
nuisance complaints;
(3)
To preserve prime agricultural soils and soils of statewide importance
which are inextricably linked to long-term agricultural productivity
and whose agricultural value, once lost, is irretrievable;
(4)
To offer diverse land use options, and in so doing, support a variety
of agricultural pursuits;
(5)
To provide opportunities for compact development patterns that are
a logical extension of existing historic hamlets or similarly configured
new hamlets and that result in preservation of farmland and open space;
(6)
To facilitate land use patterns and practices that avoid environmental
degradation, which may in turn threaten public and/or ecosystem health;
(7)
To maintain residential densities that ensure the protection of drinking
water supplies and quality;
(8)
To ensure adequate recharge areas for new residential lots to protect
drinking water supply and quality and provide for future agricultural
needs;
(9)
To facilitate land use patterns, densities and practices that retain
woodlands; and
(10)
To implement the Land Use Plan Element of the Master Plan.
B.
Use regulations.
(1)
Permitted uses. Any of the following uses shall be permitted:
(a)
Agriculture or horticulture or agricultural or horticultural uses are permitted uses in the A-2 Zone, including single-family residences and accessory buildings for housing of farm labor that conform to federal and state laws and regulations and the requirements of § 230-17C and D of this chapter, housing for animals, and selling and storing farm products and storing farm equipment.
[Amended 9-26-2011 by Ord. No. 2011-12LU]
(b)
Single-family detached dwelling as a principal structure.
(c)
Single-family detached dwellings within a lot size averaging
subdivision.
[Amended 9-26-2011 by Ord. No. 2011-12LU]
(g)
Accessory buildings incidental to agricultural and residential
uses, including:
[1]
Private garage not to exceed three spaces per dwelling, except
for agricultural purposes.
[2]
Home occupations meeting the standards set forth in § 230-104 of this chapter.
[Amended 4-14-2014 by Ord. No. 2014-02LU]
[3]
Swimming pools.
[4]
Tennis courts.
[7]
Other customary accessory structures and uses which are clearly
incidental and subordinate to the principal structure and use.
(h)
PWSFs as permitted at § 230-13V(3).
(i)
Second principal dwelling on a tract of 30 acres or more [§ 230-17E(6)].
(j)
Affordable housing developments consisting of one-hundred-percent affordable housing within the portion of the A-2 Zone designated on the Zoning Map as the Affordable Housing Overlay (AHO) Zone [§ 230-17E(7)].
[Added 8-10-2009 by Ord.
No. 2009-17LU]
(k)
Hamlets, subject to the provisions of § 230-27 of this chapter.
[Added 9-26-2011 by Ord.
No. 2011-11LU]
(l)
Open lands subdivisions, subject to the provisions of § 230-17E(8) of this chapter.
[Added 9-26-2011 by Ord.
No. 2011-12LU]
(m)
Municipal or state recreational or park use.
[Added 9-26-2011 by Ord.
No. 2011-12LU]
(2)
Conditional uses. The following nonagricultural uses shall be permitted as conditional uses, subject to approval by the Planning Board as described in Article IV of this chapter.
(a)
Bed-and-breakfast establishments.
(b)
Caretaker's and guest quarters as defined in this chapter. Caretaker's and guest quarters shall meet the standards set forth in § 230-31 of this chapter.
(c)
Conversion of existing accessory buildings into dwelling units.
(d)
Churches, synagogues, parish houses and similar religious uses,
provided they are near a hamlet, village, or town center.
(e)
Government buildings and services that are necessary to the
health, safety, convenience and general welfare of the inhabitants
of the Township.
(f)
Public utility installations.
(g)
ECHO (elder cottage housing opportunity) units.
(i)
Public and private schools.
C.
Table of performance regulations. All performance regulations shall be met. If any regulation herein is less restrictive than a performance standard in § 230-115, Natural resource protection, in its effect on a particular lot or tract, then the more restrictive regulation shall govern.
D.
Table of Performance, Area and Dimensional Regulations for the A-2
Zone.[4]
[4]
Editor's Note: The Table of Performance, Area and Dimensional Regulations for the A-2 Zone is included as an attachment to this chapter.
E.
Other requirements for A-2 Zones.
(1)
Environmental information report required. Any applicant proposing a major subdivision of greater than 30 acres shall prepare and submit an Environmental Information Report as described in § 230-118 of this chapter.
(2)
Additional development standards.
(a)
Minimum setback from underground or aboveground fuel pipeline:
25 feet from the outermost limit of the pipeline easement.
(b)
Minimum setback from major overhead utility distribution lines:
60 feet from the border of the existing easement line; where no easement
exists, 100 feet from the outermost structure or line.
(c)
Maximum building height: 2 1/2 stores or 35 feet, whichever
is less.
[Amended 6-14-2004 by Ord. No. 2004-09LU]
(3)
Accessory buildings and uses for residential uses.
(a)
Accessory buildings attached to a principal building shall comply
with all minimum required setbacks and height requirements for the
principal building.
(b)
Accessory buildings related to a residential use shall comply
with the minimum required front yard setback and height requirements
for the principal building.
(c)
The maximum ground floor area shall not exceed 900 square feet
except for buildings and structures in agricultural use.
[Amended 7-21-2008 by Ord. No. 2008-12LU]
(d)
Side and rear yard setbacks shall be a minimum of 10 feet for
accessory buildings that are 500 square feet or smaller and shall
be a minimum of 50 feet for accessory buildings that are more than
500 square feet up to 900 square feet.
[Amended 7-21-2008 by Ord. No. 2008-12LU]
(e)
Accessory buildings for housing of livestock shall be located
no less than 75 feet from any property line. Such accessory building
shall also be located at least 100 feet from any residential structure
on an adjoining lot.
(4)
Flag lot subdivisions. The development standards applicable to a flag lot subdivision are the same as set forth at § 230-17D, except:
(5)
Minor subdivision of lots on a private accessway.
(a)
The development standards for lots on a private accessway in the A-2 Zone shall be as set forth in § 230-17D, except that each lot to be subdivided along a private accessway shall have a minimum lot width of 150 feet on the private accessway and a minimum lot frontage of 10 feet on the public street.
(6)
Second principal dwelling on a tract of 30 acres or more. Any tract
of 30 acres or more may contain or have erected a second principal
dwelling unit provided the following criteria are met:
(a)
Each dwelling shall be served by a separate septic system and
well.
(b)
Each dwelling shall be sited in such a manner that a fully conforming
lot meeting all of the requirements of the Land Use Ordinance can
be met.
(c)
The second principal dwelling shall utilize a common driveway
shared with the original dwelling.
(d)
Approval of the septic system and well shall be required from
the Delaware Township Board of Health.
(e)
A survey showing the proposed location of the second principal
dwelling shall be submitted to the Zoning Officer and shall be reviewed
and approved by the Township Engineer, who shall review the proposed
grading and stormwater management plan, and by the Subdivision and
Site Plan Review Committee of the Planning Board, who shall review
the proposal for compliance with this chapter, prior to the issuance
of a building permit.
(7)
Affordable Housing Overlay development. Within the Affordable Housing
Overlay (AHO) portion of the A-2 Zone as designated on the Zoning
Map of the Township of Delaware, Block 1, Lot 15, is permitted to
be developed in a manner that will produce new affordable housing
units but no new market-priced units as provided herein:
[Added 8-10-2009 by Ord.
No. 2009-17LU]
(a)
The lot yield calculations set forth in Article XII shall not be applicable to a tract developed in accordance with the AHO, provided that each lot that is subdivided for the purpose of developing affordable housing units shall encompass not less than 1.75 acres of land that is entirely free of wetlands, required wetland transition areas, floodplains, streams and stream corridors and slopes greater than 15%.
(b)
The existing dwelling and its associated outbuilding(s) on the
original tract may be utilized in connection with the affordable housing
development or may be subdivided from the balance of the tract and
placed on a separate lot, leaving the remainder available for the
development of affordable housing. In the latter case, where the existing
dwelling and its associated outbuildings will not be used in connection
with the affordable housing development, the new lot containing the
existing dwelling and its associated outbuilding(s) shall encompass
a minimum of three acres and shall be drawn so that no new (non-preexisting)
setback deviations are created by the new lot line(s) and so that
the lot shall comply with the lot area, dimensional, setback and building
height requirements for lots in a single-family detached cluster in
the A-2 Zone. The maximum impervious surface coverage on such lot
shall not exceed 0.10. The subdivision of a lot containing the existing
dwelling and its associated outbuilding(s) pursuant to this section
shall be conditioned on the recording of a deed for the remainder
lot(s) stipulating that such remainder lot(s) shall be permanently
restricted to use for affordable housing purposes as approved by the
Township of Delaware.
(c)
Each affordable housing lot shall be permitted to contain a
minimum of one and a maximum of five affordable housing units.
(d)
No building containing affordable housing shall include more
than 2 1/2 stories nor exceed a building height of 35 feet. No
building containing affordable housing shall be located closer to
an internal lot line than 25 feet, and no building containing affordable
housing shall be located closer to a tract boundary than 40 feet.
Maximum impervious surface coverage on each lot shall not exceed 0.20,
and maximum impervious coverage on the entire tract shall not exceed
0.10.
(e)
Each lot created under this section shall be served by a separate
septic system and well, which shall not be shared with any other lot.
Such septic system and well shall be subject to the approval of the
Delaware Township Board of Health.
(f)
Access to the lot(s) created under this section may be by way
of a private driveway serving a maximum of one lot but shall be by
way of a public or private street complying with RSIS standards, as
approved by the municipal agency, if more than one lot will be sharing
the same access.
(g)
All of the affordable housing units constructed under this section
shall comply with the Delaware Township Fair Share Ordinance; with
COAH's rules set forth at N.J.A.C. 5:97-1 et seq., concerning bedroom
distribution, low/moderate split, very low income affordability, adaptability
and accessibility, and affordability average and maximum; and with
the regulations of the Uniform Housing Affordability Controls (UHAC)
set forth at N.J.A.C. 5:80-26.1 et seq.
(h)
Any affordable housing development proposed under the terms
of this section shall be subject to both site plan and subdivision
approval. The municipal agency may, in its discretion, waive any of
the submission requirements that it deems nonessential to a responsible
review of the development application, recognizing that the removal
of potentially cost-generating requirements will promote the production
of affordable housing within the AHO. Nevertheless, the architectural
plans for the proposed buildings shall be reviewed with the municipal
agency to ensure compatibility of scale and materials with adjacent
residential uses.
(i)
The provisions of this section shall apply exclusively to developments
within the AHO only that are proposed for affordable housing developments
consisting of one-hundred-percent affordable housing units, except
for the permissible subdivision of the existing dwelling and its associated
outbuildings. Any lot of less than 12 acres in the AHO, any lot of
12 acres or more that is not proposed for one-hundred-percent affordable
housing (except for the permissible subdivision of the existing dwelling
and its associated outbuildings), and any lot located outside of the
AHO shall continue to be subject to all requirements of the underlying
zoning.
(8)
Open lands subdivision in the A-2 Zone.
[Added 9-26-2011 by Ord.
No. 2011-12LU]
(a)
Minimum tract size. Open lands subdivisions are permitted on
tracts of 24 or more acres in the A-2 Zone.
(b)
Intent. The primary intent of this option is to promote the
retention of large farm tracts, promote aggregation of smaller farm
parcels into contiguous farms, and promote retention of Prime and
Statewide Important Soils. In addition, this option is intended to
promote retention of contiguous wooded tracts and encourage and promote
flexibility, economy and environmental soundness in subdivision layout
and design, including preservation of resource protection areas and
aquifer recharge areas.
(c)
Standards. The following standards shall apply to open lands
subdivisions:
[1]
The open lands subdivision plan may result in a greater dwelling unit yield than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for a open lands subdivision, a lot yield and buildable tract area calculation shall be provided to the municipal agency (see § 230-115C). The number of lots in this calculation shall be the maximum number of lots permitted under an open lands subdivision.
[2]
For purposes of calculating lot yield, the maximum dwelling
unit density applied to the net buildable tract area shall be 0.50
dwelling units per acre. Minimum lot size will be 3.0 acres.
[3]
At least 50% of the tract shall be designated as "open lands"
and shall, as a condition of approval of the development, be deed
restricted for agriculture and, where applicable, for conservation
use.
[4]
For tracts of 75 acres or less, the open lands shall be contained
in one single deed-restricted contiguous parcel; for tracts greater
than 75 acres, the open lands may be composed of two or more noncontiguous
parcels, provided that the open land area shall contain at least 30
contiguous acres.
[5]
The open space performance standards found in § 230-111 shall apply to a permitted open lands subdivision.
[6]
All lots created under this subdivision option shall be deed
restricted against further subdivision for the purpose of creating
an additional lot or lots.
[7]
To the maximum extent possible, the design of the development
shall maintain a buffer along existing roadways to preserve existing
woodlands that maintain the scenic forested or hedgerow roadside views
and character of the Township. The dimension of the buffer and its
treatment with landscaping and/or fencing shall be subject to review
and approval by the municipal agency.
[8]
The proposed development shall comply with the bulk and dimensional standards contained in § 230-17D.
[9]
Hilltops and views, natural terrain, natural drainage and ridgelines
shall be preserved wherever possible in designing any development
containing such features. As part of the subdivision or site plan
review process, development shall be designed to preserve scenic vistas
and views of cultural/historic landmarks and of unique geologic and
topographic features. On hillsides, development shall be sited below
the ridgeline and the height and location of development shall protect
unobstructed views of the ridges from existing roadways.
[10]
The municipal agency may permit the establishment
of an exception area, not to exceed four acres, to be identified on
the open lands lot, upon which shall be located an existing or proposed
dwelling unit, the septic disposal field, and any other buildings
or structures not used for agricultural purposes. The exception area
and access driveway, which shall be located in a manner consistent
with best agricultural practices and reflecting on-site environmental
and topographic conditions, shall not be included as "open lands"
in calculating the portion of the tract required as open lands. The
residence may only be allowed if the total permitted density is not
exceeded.
A.
Purpose. The purpose of the C-1 Highway Commercial Zone is to permit
retail stores and offices to serve the residents of the region. This
zone is particularly well suited for public access, but is located
in the fragile Lockatong formation and in the floodplain of the Wickecheoke
Creek. Therefore, strict standards for site development are required
in this zone to assure adequate sanitary sewer and water supply for
intended use, to protect the environment affected by the development,
to prevent unsightly highway sprawl, and to protect against traffic
hazards.
B.
Permitted uses. The following uses are permitted in the C-1 Zone, subject to the approval of the Planning Board after review of site plans pursuant to Article X and relevant environmental data pursuant to Article XII of this chapter. A building may be erected, altered, or used, and a lot or premises may be occupied and used for any of the following purposes:
(1)
Principal uses:
|
Advertising agencies
| |
|
Advertising specialty office
| |
|
Agriculture implements
| |
|
Appliance stores
| |
|
Art gallery
| |
|
Artists supplies
| |
|
Audiovisual equipment
| |
|
Blueprinting and photostating
| |
|
Bicycle shop
| |
|
Books, periodicals and newspaper sales
| |
|
Business/professional office
| |
|
Business equipment sales
| |
|
Butcher shop or meat market
| |
|
Camera and/or photographic
| |
|
Supply store
| |
|
Candy sales
| |
|
Caterers
| |
|
Ceramic products
| |
|
Grocery
| |
|
Hardware
| |
|
Hobby shop
| |
|
Home furnishings
| |
|
Home maintenance service
| |
|
Ice cream shop
| |
|
Jewelry store
| |
|
Lawn maintenance service
| |
|
Leather goods and luggage
| |
|
Locksmith
| |
|
Mail order house
| |
|
Medical clinic or office (outpatient)
| |
|
Museum
| |
|
Musical instrument sales
| |
|
Office equipment, supplies
| |
|
Optician
| |
|
Paint, glass, tile and other home decorating materials
| |
|
Pet shop
| |
|
China shop
| |
|
Cigars and tobacco sales
| |
|
Cleaners or laundry pickup
| |
|
Clubs
| |
|
Cosmetic shop
| |
|
Costume rental
| |
|
Drugstore
| |
|
Eating establishments (non-drive-in)
| |
|
Employment agency
| |
|
Electrical supplies
| |
|
Exterminator
| |
|
Fabric/decorator shop
| |
|
Fire protection equipment sales (non-automotive)
| |
|
Floor covering
| |
|
Florists
| |
|
Fruit and vegetable market
| |
|
Funeral director
| |
|
Fur shop
| |
|
Furniture sales
| |
|
Gift/toy shop
| |
|
Glassware
| |
|
Golf range
| |
|
Photographic sales/service
| |
|
Photo studios
| |
|
Printing services
| |
|
Physical culture and health establishments
| |
|
PWSFs as permitted at § 230-13V(3)
| |
|
Record shop
| |
|
Savings and loan associations
| |
|
Seafood retail sales
| |
|
Social services organization
| |
|
Specialty foods
| |
|
Sporting goods
| |
|
Stamp and coin store
| |
|
Stationery store
| |
|
Surgical/medical supplies
| |
|
Tailor shop
| |
|
Taxicab dispatch office
| |
|
Telegraph service
| |
|
Telephone answering service
| |
|
Television and radio sales, service, repairs
| |
|
Travel agencies
| |
|
Uniform rental and sales
| |
|
Variety stores
| |
|
Veterinary hospitals
|
(2)
Accessory buildings and uses, including:
(a)
Private garage space not to exceed three spaces for the storage
of vehicles operated exclusively as part of a permitted business function.
(b)
Caretaker's quarters as defined in this chapter.
(e)
Buildings for tools and equipment used for maintenance of the
grounds.
(f)
Other customary accessory uses and structures which are clearly
incidental and subordinate to the principal structure and uses.
(3)
Conditional uses. The following uses are permitted subject to approval of the Planning Board and the conditions of Article IV of this chapter:
(a)
Automotive gasoline station.
(b)
Automotive sales and service.
(c)
Automotive sales lot.
(d)
Automotive service station.
(e)
Bed-and-breakfast establishment.
(f)
Caretaker's and guest quarters as defined in this chapter and meeting the standards set forth in § 230-31 of this chapter.
(g)
Car washes.
(h)
Government public buildings.
(i)
Retail nursery and garden supply sales.
(j)
Public utility installations.
C.
Development standards. The C-1 Highway Commercial Zone specified herewith shall be occupied only as follows and in accordance with the Schedule of Area Requirements in § 230-24 of this chapter.
(1)
Principal buildings.
(a)
Minimum lot size: three acres.
(b)
Minimum lot width: 250 feet.
(c)
Minimum lot depth: 400 feet.
(d)
Minimum front yard setback: 70 feet from the proposed street
ROW line as indicated in the Delaware Township Master Plan.
(e)
Minimum side yard setback: 50 feet.
(f)
Minimum rear yard setback: 100 feet.
(g)
Minimum setback from underground or aboveground fuel pipelines
and major utility distribution lines: 60 feet from the border of the
existing easement line; where no easement exists, 100 feet from the
outermost structure or line.
(h)
Maximum building height: 2 1/2 stories or 35 feet, whichever
is less.
(i)
Minimum distance between buildings: Unless connected through
the sharing of a common wall, more than one principal building on
a lot shall provide a minimum open unoccupied area of 50 feet between
buildings.
(2)
Accessory buildings. Accessory buildings shall conform to the same
height and setback requirements as the principal building. Accessory
buildings are not permitted in the required front yard.
D.
Other provisions and requirements.
(2)
No driveway or parking lot serving a commercial use shall occupy
land in residential use or in a residential zone.
(3)
Adequate sewage disposal and water supply as approved by the applicable
regulatory agency shall be required as a condition for granting approval
of any commercial use. Applicants must provide the Planning Board
with a calculation of anticipated water consumption for the proposed
commercial use. Should anticipated water consumption exceed 1/2 of
normal residential use, the required minimum lot size shall be increased
accordingly.
A.
Purpose. The purpose of the V-1 Zone is to maintain the existing
village environment of Sergeantsville, which is a mix of small lot
residential and commercial uses. It is intended that the existing
village shall continue as a well-confined identifiable unit without
sprawling into the surrounding rural lands.
B.
Permitted residential uses. A building may be erected, altered, or
used and a lot may be occupied and used for any of the following purposes:
(1)
Detached one-family dwelling as a principal structure.
(2)
Accessory buildings and uses, including:
(a)
Private garage not to exceed three parking spaces.
(b)
Buildings to house domesticated animals that are kept solely
for the use or pleasure of the residents of the principal use.
(c)
Buildings for tools and equipment used for maintenance of the
grounds.
(d)
Home occupations meeting the standards set forth in § 230-104 of this chapter.
[Amended 4-14-2014 by Ord. No. 2014-02LU]
(e)
Swimming pools.
(f)
Tennis courts.
C.
Permitted commercial uses in the V-1 Zone. Existing structures in the V-1 Zone that have been legally used for commercial purposes at any time since January 1, 1982 may be used for the below-mentioned commercial uses. Construction of any new structure, or any addition to or enlargement of an existing structure which has been legally used for commercial purposes at any time since January 1, 1982, shall require approval from the Board of Adjustment pursuant to § 230-63D of this chapter.
(1)
Principal commercial uses:
|
Agricultural retail
| |
|
Antique shop
| |
|
Apparel
| |
|
Appliance store
| |
|
Art gallery
| |
|
Art supplies
| |
|
Bakery
| |
|
Bank
| |
|
Barber shop
| |
|
Bicycle shop
| |
|
Books, periodicals and newspaper sales
| |
|
Business/professional office
| |
|
Butcher shop or meat market
| |
|
Candy shops
| |
|
Cigars/tobacco sales
| |
|
Cleaners and/or laundry pickup
| |
|
Feed store and mill
| |
|
Florists
| |
|
Fruit and vegetable market
| |
|
Furniture retail sales
| |
|
Gift/novelty shop
| |
|
Grocery
| |
|
Hardware store
| |
|
Hobby shop
| |
|
Ice cream shop
| |
|
Jewelry store
| |
|
Library
| |
|
Locksmith
| |
|
Medical clinics and offices (outpatient)
| |
|
Municipal uses
| |
|
Musical instrument store
| |
|
Newsstand
| |
|
Paint, glass, tile and other home decorating materials
| |
|
Wallpaper store
| |
|
Pet shop
| |
|
Pharmacy
| |
|
Photo studios
| |
|
Police and fire stations
| |
|
Post office
| |
|
Real estate office
| |
|
Record shop
| |
|
Restaurant (non-drive-in, non-fast food, non-live entertainment)
| |
|
Seafood store
| |
|
Shoe or hat repair shop
| |
|
Specialty foods
| |
|
Sporting goods store
| |
|
Stamp and coin store
| |
|
Stationery store
| |
|
Tailor shop
| |
|
Tavern (no live entertainment)
| |
|
Television and radio
| |
|
Sales and service
| |
|
Travel agencies
| |
|
Restaurants and taverns wishing to have live entertainment must
apply to the Township Committee for a permit
|
(2)
Accessory buildings and uses including:
(a)
Private garage space, not to exceed three spaces for the storage
of vehicles operated exclusively as part of a permitted use.
(d)
Buildings for tools and equipment used for maintenance of the
grounds.
(e)
Other customary accessory uses and structures which are clearly
incidental and subordinate to the principal structure and uses.
(3)
Conditional uses. The following uses are permitted, subject to the prior approval of the Planning Board and to the conditions set forth in Article IV of this chapter:
(a)
Automotive service and repair.
(b)
Bed-and-breakfast establishments.
(d)
Churches, synagogues, parish houses, and similar religious uses.
(e)
Government buildings and services that are necessary to the
health, safety, convenience and general welfare of the inhabitants
of the Township.
(f)
Public utility installations.
(g)
Public and private schools.
D.
Development standards. The V-1 Zone specified herewith shall be occupied only as indicated in the Schedule of Area Requirements of § 230-24 of this chapter and as follows:
(1)
Principal buildings (with access to public sewage disposal).
(a)
Minimum lot size: 20,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum lot depth: 150 feet.
(d)
Minimum front setback. Where lots are created by minor subdivision,
the minimum front setback shall be the same as that of the closest
principal structures on each side if the structures have equal setbacks.
If the closest principal structures on each side have unequal setbacks,
the setback for the newly created lot shall be the average of the
setbacks of the closest principal structures on each side. In no case
shall the setback be less than 15 feet. Where lots are created by
major subdivision, the minimum setback shall be 25 feet.
(e)
Minimum each side setback: 20 feet.
(f)
Minimum rear setback: 40 feet.
(g)
Minimum setback from underground or aboveground fuel pipeline:
50 feet from the center of the outermost pipeline.
(h)
Minimum setback from major utility distribution lines: 50 feet
from the border of the existing easement line; where no easement exists,
100 feet from the outermost structure or line.
(i)
Maximum building height: 2 1/2 stories or 35 feet, whichever
is less.
(j)
Maximum residential lot yield: one dwelling unit per each 0.459
acres.
(2)
Accessory buildings and uses.
(a)
Accessory buildings shall comply with the minimum required front
yard setback and height requirements for the principal building and
shall not exceed 750 square feet of gross floor area. Side and rear
yard setbacks shall be a minimum five feet.
(b)
Accessory buildings attached to a principal building shall comply
with all minimum required setbacks and height requirements for the
principal building.
(c)
No commercial truck, tractor, trailer or commercial vehicle
licensed to transport more than the one-and-one-half-ton rated manufacturer's
capacity shall be stored or parked on any lot or portion of a lot
situated in a V-1 Zone, unless granted special permission by the Township
Committee. Fire trucks and ambulances are exempted from this provision.
[Added 8-8-2005 by Ord. No. 2005-16LU]
A.
Purpose. The purpose of the VE Zone is to provide opportunities for
new low-/moderate-income housing to be constructed within the Village
of Sergeantsville; to allow sites that lie immediately adjacent to
the Village of Sergeantsville and within the sewer service district
to be developed at a density compatible with the V-1 Zone; to ensure
that the layout, design and architecture of such development will
be complementary to the historic character of the existing village;
and to require such development to be clustered to maximize the retention
of open space within and around the Village of Sergeantsville.
B.
Permitted residential uses.
[Amended 10-30-2006 by Ord. No. 2006-23LU; 3-26-2007 by Ord. No.
2007-07LU]
(1)
Detached one-family market-priced dwellings.
(2)
Multifamily dwellings containing up to four low-/moderate-income
housing units per building.
(3)
Multifamily dwellings containing up to two market-priced dwellings
per building, provided that such multifamily dwellings abut County
Route 604, and further provided that at least six low-/moderate-income
housing units are also provided within the development.
(4)
Accessory buildings and uses as provided at § 230-19B(2).
C.
Development standards.
(1)
The number of market-priced dwelling units permitted to be constructed on any tract in this zone shall be not more than one market-priced dwelling unit per each two acres of net tract area calculated pursuant to § 230-115C(2)(a), provided that the maximum number of market-priced units permitted may be increased in exchange for the construction of affordable housing on the site. The rate of increase shall be at a one-to-one ratio (i.e., one additional market-priced dwelling unit for each low-/moderate-income affordable unit provided), provided that all other criteria of this section shall also be met, including the open space requirement, regardless of the number of dwelling units constructed.
[Amended 10-30-2006 by Ord. No. 2006-23LU; 3-26-2007 by Ord. No.
2007-07LU]
(2)
At least 65% of the net tract area calculated pursuant to § 230-115C(2)(a) shall be set aside as open space. The open space shall be devoted to a purpose appropriate to its location adjacent to the V-1 Zone and public and quasi-public land uses and may, at the discretion of the developer, be offered to a public entity to own, maintain and utilize for certain purposes. If the offer of the open space is not accepted by the public entity, a homeowners' association shall be established to own and maintain the open space, pursuant to § 230-111C.
(3)
Open space uses.
(a)
Where the open space will be public, the developer shall plant
a vegetative screen, as approved by the Planning Board, along the
lot line of any existing dwelling that will abut the open space. Such
vegetative screen may, at the discretion of the developer and upon
approval by the Planning Board, also be planted along the lot lines
of any proposed dwellings on the tract. Where such vegetative screen
is approved to be planted, it shall be protected by a conservation
easement of sufficient width to ensure that the vegetative screen
is maintained.
(b)
A portion or portions of the open space may be used for stormwater
recharge and detention. The Planning Board shall consider the design
of the proposed stormwater management plan in terms of its anticipated
impact on the usability of the proposed open space and may require
revisions to the stormwater management plan to maximize the usability
of the open space.
(4)
Development of the single-family detached market-rate dwellings shall
satisfy the following criteria:
(a)
The base density of market-priced dwelling units shall not exceed one market-priced dwelling unit per each two acres of net tract area calculated pursuant to § 230-115C(2)(a), except to the extent that said base density is permitted to be increased pursuant to Subsection C(1) herein to encourage the construction of affordable housing. The net tract area shall be determined including the portions of the tract on which the low-/moderate-income affordable units and any permitted bonus market-priced units will be constructed, but the bonus market-priced units and the low-/moderate-income affordable units shall be over and above the maximum number of market-rate dwelling units permitted as a result of the density calculation required in Subsection C(1).
[Amended 10-30-2006 by Ord. No. 2006-23LU; 3-26-2007 by Ord. No.
2007-07LU]
(b)
Single-family detached market-rate dwellings shall be located
on individual lots. All such lots shall front on a through-street
connecting the subject property to the adjacent V-1 Zone and to other
roads in the vicinity of the tract being developed.
(c)
Each such lot shall comply with the following requirements:
[1]
Lot frontage: minimum 85 feet; maximum 115 feet; average not
to exceed 105 feet.
[2]
Lot depth: minimum 180 feet; maximum 250 feet.
[3]
Front yard setback shall vary with a minimum of 20 feet and
a maximum of 50 feet.
[4]
Rear yard setback: minimum 50 feet.
[5]
Side yard setback: minimum 10 feet and combined total of not
less than 42% of the lot width.
[6]
Building height: maximum 35 feet.
[7]
Building width: maximum 58 feet.
[8]
Accessory building setback: minimum five feet.
[9]
Impervious coverage on individual lots: maximum 45%.
[10]
Driveways are encouraged to be shared and located
on the common lot line. Where driveways are not shared, they shall
be set back a minimum of two feet but not more than five feet from
the side lot line. No more than one driveway opening shall be permitted
per lot.
[11]
Proposed dwelling unit styles shall be selected
from among the range of existing historic buildings in the Village
of Sergeantsville. The choices of dwelling unit styles shall be reflected
in the ratio of building width to height, the exterior arrangement
of windows and doors, the pitch and style of the roof, the style of
the porch and the selection of exterior materials, trim and detailing.
The local examples serving as the bases for the choices of dwelling
styles and the design features of each style shall be proven to the
satisfaction of the Planning Board at the public hearing on the application.
[12]
New dwellings shall appear to be similar in size
to the historic homes in the Village of Sergeantsville; if larger
dwellings are proposed, they shall be oriented and designed to minimize
the appearance of building mass from the street. The scale of the
dwelling shall be appropriate to the size of the lot, and the width-to-height
ratio of each dwelling shall be consistent with the ratios found on
similarly styled dwellings within the vicinity of the tract. Compliance
with this requirement shall be the subject of evidence and testimony
at the public hearing.
[13]
Exterior siding shall be fieldstone or clapboard
material or a combination thereof. Fieldstone shall be of a type and
color native to Delaware Township. Clapboards shall be individual
planks made of wood or untextured masonry material.
[14]
Garages shall be consistent with the architecture
of the main dwelling and shall not be designed to house more than
three cars. Garages shall be set back at least the full depth of the
dwelling from the street and may be detached or attached. If attached,
the garage shall be entered from the side or rear only.
[15]
Porches shall be provided across at least 75%
of the front of each house, with appropriately styled balustrades
and trim to match the style of the house. A porch shall be at least
seven feet in depth. Latticework and trellises may be used to provide
privacy, and latticework or stonework, as appropriate, shall be used
to hide the foundation beneath the porch.
[16]
Sidewalks shall be provided on one side of the
street, but may be provided on both sides of the street, at the discretion
of the developer. Curbing may be used to control drainage but need
not otherwise be provided.
[17]
A walkway shall be constructed on each lot between
the front of the house and the street or public sidewalk. Where the
walkway meets the front lot line, it shall be flanked by pilasters
constructed of brick or stone.
[18]
Stone or brick walls, fences or hedges shall be
used to denote the edge of the public way in front of each lot. Such
walls, fences or hedges shall not be less than 18 inches nor more
than 30 inches in height, except that the height of the pilasters
located on either side of the walkway leading to the front of the
house may be up to 48 inches in height. Fences shall be of wood or
wrought iron or of synthetic materials that effectively simulate the
look of wood or wrought iron. Samples of any synthetic materials proposed
to be used shall be submitted to the Board for approval.
(5)
Development of the low- and moderate-income dwellings shall satisfy
the following criteria:
(a)
All required low-/moderate-income dwellings shall be constructed
on site unless both the Planning Board and the Township Committee
approve a plan for providing the low-/moderate-income dwellings on
another site within Delaware Township and shall satisfy COAH's rules
set forth at N.J.A.C. 5:94-1 et seq., especially, but not limited
to, the rules pertaining to the required bedroom mix, the low-/moderate-income
split, and the affordability criteria. Any deviation from the letter
of COAH's rules shall be specifically approved by the Planning Board
based upon a finding that any deviation from COAH's rules can be compensated
for elsewhere in Delaware Township.
(b)
The low-/moderate-income dwellings shall be constructed in buildings
designed to resemble as closely as possible traditional single-family
detached or two-family dwellings existing in their vicinity. Each
building constructed for the low-/moderate- income dwellings shall
contain not more than four dwelling units.
(c)
Parking shall be provided off-street. Garages, if provided,
and all other off-street parking for the low-/moderate-income dwellings
shall be provided to the rear of the buildings. Every effort shall
be made to minimize the view of parked cars from off-site. Garages
may be placed on the rear lot line.
(d)
The design standards set forth for the construction of the market-rate
single-family detached dwellings in the development shall be followed,
to the extent possible, in the design of the multifamily dwellings,
except that a garage may accommodate the parking for more than one
dwelling unit, subject to the Planning Board's approval, and except
further that a shared driveway need not be located on a common lot
line, and except further that the lot dimensional and setback requirements
may be modified with the approval of the Planning Board to facilitate
the construction of the low- and moderate-income multifamily dwellings.
[Amended 10-30-2006 by Ord. No. 2006-23LU; 3-26-2007 by Ord. No.
2007-07LU]
(6)
All dwelling units within the VE Village Extension Zone shall be
served by public sewerage and public water supply.
(7)
Prior to the grant of preliminary approval for any development in
the VE Village Extension Zone, a developer's agreement shall be prepared
setting forth the following: a description of the low-/moderate-income
dwellings to be constructed and any terms and conditions or modifications
of COAH's rules applicable to such dwellings; a description of the
intended use and disposition of the open space created within the
development, including any limitations or conservation easements applicable
to the open space; terms and conditions regarding architectural issues,
stormwater management, utility services and off-tract improvements;
and any other areas ordinarily covered in a developer's agreement.
A.
Purpose. The purpose of the V-2 Zone is to maintain the existing
village environment of Rosemont, which is a mix of small lot residential
and commercial uses. It is intended that the existing village shall
continue as a well-confined identifiable unit without sprawling into
the surrounding rural lands.
B.
Permitted residential uses. A building may be erected, altered, or
used and a lot may be occupied and used for any of the following purposes:
(1)
Single-family detached dwelling as a principal structure.
(2)
Accessory buildings and uses, including:
(a)
Private garage not to exceed three parking spaces.
(b)
Buildings to house domesticated animals that are kept solely
for the use or pleasure of the residents of the principal use.
(c)
Buildings for tools and equipment used for maintenance of the
grounds.
(d)
Home occupations meeting the standards set forth in § 230-104 of this chapter.
[Amended 4-14-2014 by Ord. No. 2014-02LU]
(e)
Swimming pools.
(f)
Tennis courts.
(g)
Caretaker's and guest quarters as defined in this chapter.
C.
Permitted commercial uses in the V-2 Zone. Existing structures in the V-2 Zone which have been legally used for commercial purposes at any time since January 1, 1982, may be used for the below-mentioned commercial uses. Construction of any new structure, or any addition to or enlargement of an existing structure which has been legally used for commercial purposes at any time since January 1, 1982, shall require approval from the Board of Adjustment pursuant to § 230-63D of this chapter.
(1)
Principal commercial uses:
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Agricultural retail
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Antique shop
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Apparel store
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Appliance store
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Art gallery
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Art supplies
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Bakery
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Bank
| |
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Barber shop
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Bicycle shop
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Books, periodicals and newspaper sales
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Business/professional office
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Butcher shop or meat market
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Cabinet maker
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Candy shops
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Cigars/tobacco sales
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Cleaners and/or laundry (pickup)
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Feed store and mill
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Florists
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Fruit and vegetable market
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Furniture retail sales
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Gift/novelty shop
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Grocery
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Hardware store
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Hobby shop
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Home furnishings
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Ice cream shop
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Jewelry store
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Library antique shop
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Locksmith
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Medical clinics and offices (outpatient)
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Municipal uses
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Musical instrument store
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Newsstand
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Paint, glass, tile and other home decorating material
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Pet shop
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Pharmacy
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Photo studios
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Post office
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Printing services
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Publishing services
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Real estate office
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Record shop
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Restaurant (non-drive-in, non-fast food, non-live entertainment)
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Seafood store
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Shoe/hat repair shop
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Specialty foods
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Sporting goods store
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Stationery store
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Tailor shop
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Television and radio sales and service
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Travel agencies
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Restaurants and taverns wishing to have live entertainment must
apply to the Township Committee for a permit.
|
(2)
Accessory buildings and uses including:
(a)
Private garage space, not to exceed three spaces, for the storage
of vehicles operated exclusively as part of a permitted use.
(d)
Buildings for tools and equipment used for maintenance of the
grounds.
(e)
Other customary accessory uses and structures which are clearly
incidental and subordinate to the principal structure and uses.
(3)
Conditional uses. The following uses are permitted, subject to the prior approval of the Planning Board and to the conditions set forth in Article IV of this chapter:
(a)
Bed-and-breakfast establishments.
(b)
Conversion of existing accessory buildings into dwelling units.
(c)
Churches, synagogues, parish houses, and similar religious uses.
(d)
Government buildings and services which are necessary to the
health, safety, convenience and general welfare of the inhabitants
of the Township.
(e)
Public utility installations.
D.
Development standards. The V-2 Zone specified herewith shall be occupied only as indicated in the Schedule of Area Requirements in § 230-24 of this chapter and as follows:
(1)
Principal buildings (with on-lot conventional septic systems).
(a)
Minimum lot area: three acres.
(b)
Minimum lot width: 150 feet.
(c)
Minimum front yard setback: 25 feet, measured from the existing
or proposed street ROW line as indicated in the Delaware Township
Master Plan.
(d)
Minimum each side yard setback: 25 feet.
(e)
Minimum rear yard setback: 75 feet.
(f)
Minimum setback from underground or aboveground fuel pipeline:
50 feet from the center of the outermost pipeline.
(g)
Minimum setback from major utility distribution lines: 50 feet
from the border of the existing easement line; where no easement exists,
100 feet from the outermost structure or line.
(h)
Maximum building height: 35 feet or 2 1/2 stories, whichever
is less.
(i)
Maximum residential lot yield: one dwelling unit per three acres.
(2)
Principal buildings (using alternative design septic systems capable
of reducing nitrate concentrations to no more than five mg/liter at
the property line).
(a)
Minimum lot size: 65,340 square feet.
(b)
Minimum lot width: 150 feet.
(c)
Minimum front setback: Where lots are created by minor subdivision,
the minimum front setback shall be the same as the closest principal
structures on each side if they have equal setbacks or the average
of the setbacks of the closest principal buildings on each side if
they have unequal setbacks. In no case shall the setback be less than
15 feet. In areas where lots are created by major subdivision, the
minimum setback shall be 25 feet.
(d)
Minimum each side setback: 20 feet.
(e)
Minimum rear setback: 50 feet.
(f)
Minimum setback from underground fuel pipeline: 50 feet from
the center of the outermost pipeline.
(g)
Minimum setback from any power line easement: 50 feet.
(h)
Maximum building height: 2 1/2 stories or 35 feet, whichever
is less.
(i)
Maximum residential lot yield: one dwelling unit per each 1.5
acres.
(3)
Accessory buildings and uses must meet the standards set forth in
his chapter for accessory buildings and uses in the V-1 Zone.
E.
Other provisions and requirements. All subdivisions and permitted uses in the V-2 Zone must meet the standards set forth in Articles XI and XII of this chapter.[3]
[3]
Editor's Note: Original Section 3:10, Regulations applying
to the I-1 Light Industrial Zone, which immediately followed this
subsection, was repealed 6-28-2010 by Ord. No. 2010-06LU.
A.
Purpose. The purpose of this zone is to permit the continued quarrying of trap rock in the area bounded by the zone lines for the I-2 Zone in accordance with the special terms and conditions of Chapter 272, Quarrying, to restrict the emission of any environmental pollutants, and to provide for the safe and efficient flow of vehicles within and to and from the I-2 Zone.
B.
Permitted uses. A building may be erected, altered, or used and a lot or premises may be occupied and used for the quarrying of minerals, including rock, sand, and gravel and the construction of all structures appropriate for such use. PWSFs also shall be permitted and conditional uses in this district subject to the requirements of §§ 230-12V and 230-43 of this chapter, respectively.
D.
Other provisions and requirements.
(2)
No driveway or parking lot serving an industrial or commercial use
shall occupy property in residential use or in a residential zone.
(3)
Adequate sewage disposal and water supply as approved by the applicable
regulatory agency shall be required as a condition for granting approval
of any use in the I-2 Zone.[1]
[1]
Editor's Note: Original Section 3:12, Regulations applying
to the G-A Garden Apartment Residential Zone, which immediately followed
this section, was repealed 6-28-2010 by Ord. No. 2010-06LU.
A.
Purpose. The purpose of this section is to enact zoning regulations
and design standards as required by settlement of litigation entitled
"Higgins v. Township of Delaware, Docket No. L-HNT-251-95."
B.
Development standards. Block 24, Lot 4, is hereby rezoned as the
V-3 Residential District, and the Zoning Map is hereby amended to
permit residential development based on the following standards:
(1)
The minimum lot size for single-family detached dwellings shall be
12,000 square feet. There shall be no more than 23 new lots for single-family
detached dwellings created on this tract.
(2)
The existing single-family dwelling on Block 24, Lot 4, shall become
a separate one-acre lot that shall be deed-restricted from any further
subdivision.
(3)
The number of lots in the 12,000 square foot size shall be maximized
to the extent possible in order to preserve open space, active or
passive recreation, and to set aside land for senior citizen housing.
(4)
The minimum lot size for senior citizen housing shall be two acres.
Development of senior citizen shared living quarters pursuant to this
chapter shall be on lands to be conveyed to the Township of Delaware.
The Township of Delaware shall have the sole discretion to determine
when said senior citizen housing shall be constructed on this site.[1]
(5)
Subdivision/site plan layout shall be consistent with concept plans
to be approved by the Planning Board.
(6)
Roads shall be dedicated to the Township designed in accordance with road specifications of § 230-109 or shall be governed by any superseding state statute. However, cartway widths can be reduced to 28 feet in width, with on-street parking permitted on one side of the street only, except roads serving fewer than three homes, which can be reduced to a cartway width to be determined by the Planning Board.
(7)
Maximum height for principal buildings shall not exceed 2 1/2
stories or 35 feet.
(8)
Minimum lot width at front yard setback shall be 75 feet.
(9)
Minimum lot depth shall be 130 feet.
(10)
Minimum lot frontage shall be 75 feet.
(11)
Minimum side yard setback shall be 10 feet; minimum side yard
distance between dwellings shall be 20 feet.
(12)
Minimum front yard setback shall 35 feet (staggered to range
between 25 feet and 45 feet). The front yard setbacks shall be staggered
a minimum of 20 feet for houses on the same side of the street so
that the line of sight is not monotonous.
(13)
Minimum rear yard setback shall be 50 feet.
(14)
Accessory structures shall comply with the minimum required
front yard setback for principal buildings. Such accessory structures
may have five-foot side yard setbacks and five-foot rear yard setbacks.
Accessory structures shall not exceed a height of 20 feet and shall
not exceed 750 square feet of ground floor area.
(15)
The developer shall construct the detention basin. The Township
of Delaware or its designee shall maintain the detention basin.
(16)
All other provisions of this chapter not expressly modified
by this section shall apply.
(17)
The Township of Delaware hereby shall waive Council on Affordable
Housing construction development fees. All other subdivision and escrow
fees shall apply.
(18)
The owner of Block 24, Lot 4, shall dedicate to the Township
of Delaware a public access easement that will allow pedestrian access
from County Route 604 to any proposed loop road.
The Schedule of Area Requirements for All Other Zones is included as an attachment to this chapter.
A.
Purpose. The following modifications and exceptions to the limitations
imposed by this chapter are permitted under the terms and specifications
herein set forth.
B.
Height. The height limitations of this chapter shall not apply to
church spires, belfries, cupolas and domes not used for human occupancy,
nor to chimneys, ventilators, skylights, water tanks, silos, barns,
bulkheads, or similar features, and necessary mechanical appurtenances
usually carried above the roof level. Such features, however, shall
be erected only to such height as is necessary to accomplish the purpose
they are to serve or as specified elsewhere in this article. The provisions
of this chapter shall not apply to prevent the erection above the
building height limit of a parapet wall or cornice for ornamental
purposes to screen mechanical appurtenances.
C.
Area.
(1)
Where a single-family dwelling has been permitted to be constructed
on a lot of nonconforming size in separate ownership, that is either
shown on a recorded subdivision plat or is a lot of official record
at the time of enactment of this chapter, improvements or additions
may be made to said dwelling without municipal agency approval, provided
the improvement or addition does not further encroach on any front,
rear or side yard setback requirements and meets all other provisions
of this chapter and the requirements of the Board of Health and other
applicable regulatory agencies. However, a construction permit must
be obtained for any such improvements.
(2)
Where the owner of a lot of substandard size owns an adjacent lot
or lots or parcels of land, such lots or parcels shall be considered
a single lot to which the area and yard provisions of this chapter
shall apply.
(3)
Lots conforming to the 1976 Zoning Ordinance. Notwithstanding the provisions of §§ 230-12G(2) and 230-25C(2) above, any residential lot in the A-1, the A-2, the V-1 or the V-2 Zone which was conforming to the provisions of the Zoning Ordinance adopted on November 1, 1976, or was created by subdivision duly approved by the Planning Board since November 1, 1976, may have a building permit issued for new construction or for an addition to an existing permit issued for new construction of an accessory building without an appeal to the Board of Adjustment, provided that the yard requirements are reduced by the same percentage that the lot area bears to the zone district requirements, and except further that no side yard shall be reduced to less than 20 feet, no rear yard to less than 40 feet, and no front yard to less than 15 feet, and provided, further, that all other requirements of this chapter have been met.
[Amended 10-15-2019 by Ord. No. 2019-17]
A.
Purpose. Within the districts established by this chapter, or by
amendments that may later be adopted, there may exist lots, structures,
and uses of land and structures which were lawful before this chapter
was passed or amended but which would be prohibited, regulated, or
restricted under the terms of this chapter or by future amendment
thereto, it is the intent of this chapter that such nonconforming
uses shall not be enlarged upon, expanded, or extended, nor be used
as grounds for adding other structures or uses prohibited elsewhere
in the same district, unless to make such use or structure conform
to minimum safe building standards.
B.
Signs and accessory uses. The attachment of unauthorized signs that
are visible from off-premises onto a building or premises containing
a nonconforming use or the addition of other accessory uses and structures
in conjunction with a nonconforming use shall be deemed to be an expansion
of such nonconforming use and shall be prohibited.
C.
Vested rights; construction begun. Nothing in this chapter shall
be deemed to interfere with rights vested by a development plan approval
still in effect pursuant to N.J.S.A. 40:55D-49 or 52 or to require
a change in the plans, construction or designated use of any building
on which actual construction was lawfully begun prior to the effective
date of adoption or amendment of this chapter and upon which actual
building construction has been diligently carried on. Actual building
construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner
according to architectural and engineering design, except where demolition
or removal shall be deemed to be part of the actual construction,
provided that work shall be diligently carried on until completion
of the building concerned.
D.
Continuance and certification of prior nonconforming structures and
uses.
(1)
Continuance. A nonconforming use or nonconforming structure existing
lawfully on a property may be continued subject to the provisions
of this article.
(2)
Certification of prior nonconforming structures and uses. Any person
interested in any land upon which a nonconforming use or structure
exists may apply in writing to the Administrative Officer, if within
one year of the adoption of the ordinance that rendered the use or
structure nonconforming, or to the Zoning Board of Adjustment at any
time for the issuance of a certification that the use or structure
existed before the adoption of the ordinance which rendered the use
or structure nonconforming. The applicant shall have the burden of
proof. Such application shall be made in accordance with N.J.S.A.
40:55D-68.
E.
Maintenance, repairs, structural alterations. Nothing in this article
shall prevent normal maintenance or repair to any building substantially
occupied by a nonconforming use or maintenance or repair to any nonconforming
structure. Structural alterations may be made to such a building when
necessary in the interest of public health, safety, convenience or
appearance. In granting any permit for such alterations, the Construction
Code Official shall require the filing of a written statement indicating
the precise reason why such alterations are deemed necessary.
F.
Damage or partial destruction. If a building substantially occupied
by a nonconforming use or a nonconforming structure is damaged or
destroyed by any means to the extent of 80% or more of its true value,
such nonconforming use shall not be resumed, and such nonconforming
structure shall not be rebuilt, unless a variance is granted by the
Board of Adjustment.
G.
Changes to other uses. A nonconforming use may be changed to any
conforming use but shall not be changed to another nonconforming use.
If a nonconforming use is changed to a conforming use, it shall not
thereafter be changed back to a nonconforming use.
H.
Cessation of operations; abandonment. No nonconforming use that has
been abandoned shall be reestablished. Abandonment shall be presumptively
adjudged to have occurred when there is a full cessation or discontinuance
of such use or activity with no attempt on the part of the tenant
or owner to reinstate such use or activity within a twelve-month period
from the date of full cessation or discontinuance of the use or activity
or upon the removal without immediate replacement of essential fixtures
and equipment associated with such use or activity. The burden of
proof to the contrary shall be on the property owner.
I.
Enlargement of nonconforming structures. A nonconforming structure
shall not be enlarged in any way that would either:
J.
Prior
to the issuance of a construction permit under any provision of this
section, a zoning permit shall also be required.
[Added 6-24-2019 by Ord. No. 2019-15]
[Added 9-26-2011 by Ord.
No. 2011-11LU]
A.
Intent. Hamlets shall be designated, located and established in accordance
with the Township Master Plan. The primary intent of this development
option is to create new forms of compact development that reflect,
in large part, the principles contained in the State Development and
Redevelopment Plan. Hamlets primarily reflect a residential character
with, in some cases, limited nonresidential forms of development such
as a multipurpose community building, a school, a house of worship,
a landscaped commons or green as a community focal point or other
similar land uses. In addition, this development option is intended
to have an overall density that conforms to the carrying capacities
of the natural and built systems and is designed to promote an integrated
and interconnected transportation system which facilitates internal
movement, including pedestrians and bicycles.
B.
Standards. The following standards shall apply to hamlet developments:
(1)
A hamlet development plan may result in a greater dwelling unit yield than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for a hamlet development, a Lot Yield and Buildable Tract Area Calculation shall be provided to the municipal agency (see § 230-115C). The number of lots in this calculation shall be the maximum number of lots permitted under a hamlet development.
(2)
For purposes of calculating lot yield, the maximum dwelling unit
density applied to the net buildable tract area shall be 0.333 dwelling
units per acre.
(4)
The hamlet shall be located on a tract with a mix of woodland and
open fields, so that the site design can take advantage of these features
and the development portion of the tract can be attractively designed
and shielded/screened.
(5)
The tract on which the hamlet is located shall have a minimum size
of 100 acres.
(6)
The hamlet shall generally be designed to reflect any of the three
concept plans as well as the contiguous and noncontiguous clustering
design principles and photos contained in the adopted Delaware Township
Master Plan Amendment, Land Use Plan Element for the A-R Zone, dated
October 20, 2009. Maximum gross dwelling unit density on the hamlet
tract shall be 0.706 dwelling units per acre. The total number of
dwelling units shall not exceed 77, exclusive of existing historic
farm dwelling units.
(7)
The hamlet shall be located in an area where aquifer testing demonstrates
that sufficient water supplies are available to sustain the proposed
development, in accordance with Township ordinances or where public
water supply.
(8)
The hamlet shall be served by a domestic treatment works facility
that meets NJDEP requirements.
(9)
A hamlet development plan shall be designed in accordance with the
bulk requirements for single-family detached and twin units found
on Tables 1 and 2 below.
(10)
At least 82% of the tract shall be designated as "Open Lands"
and shall as a condition of approval of the development, be deed restricted
for agriculture and, where applicable, for conservation use.
(11)
The open lands may be composed of contiguous or noncontiguous
parcels, provided that the open land area shall contain at least 30
contiguous acres. All open lands shall be deed restricted against
further subdivision for the purpose of creating an additional lot
or lots.
(12)
General design requirements.
(a)
A hamlet shall be conceived, designed, subdivided, site planned
and approved by the municipal agency as a single development according
to a comprehensive site development plan. In addition, site landscaping,
building design and common area maintenance guideline control standards
shall be established.
(b)
The hamlet shall be developed with a common architectural theme
that shall be subject to review and approval by the municipal agency
at the time of preliminary site plan and/or subdivision approval.
The architectural theme shall include buildings, signing, fencing,
lighting, paving, curbing, landscaping and other similar and related
physical features.
(c)
Building design, standards, guidelines, and uses.
[1]
Dwelling unit styles shall be selected from among the range
of existing historic buildings in the Township. The choices of dwelling
unit styles shall be reflected in the ratio of building width to height,
the exterior arrangement for windows and doors, the pitch and style
of the roof, the style of the porch and the selection of exterior
materials, trim and detailing. The local examples serving as the basis
for the choices of dwelling styles and the design features of each
style shall be proven to the satisfaction of the municipal agency
at the public hearing on the application and shall be based, in part,
on "Design Principles and Images" found in the Township Master Plan.
[2]
The treatment of side and rear walls of any building that abuts
a public street or park, in terms of fenestration, building materials
and colors, shall be similar to the treatment of the front facade.
[3]
All buildings shall be designed to convey a small-scale hamlet
character. Buildings shall contain the following design elements:
[a]
Building exteriors shall have vertical and/or horizontal
offsets to create visual breaks on the exterior.
[b]
A variety of housing setbacks, rooflines, color
schemes, elevations and heights shall be required in the development
to avoid a repetitious and monotonous streetscape. The placement of
the various model types within the development shall be varied so
that the same elevation is not permitted adjacent to one another,
directly across the street from one another or adjacent to the house
directly across the street from one another.
[c]
When houses which are substantially alike in exterior
design and appearance are located within the same block, the materials
used on the exterior shall be varied. Houses shall be considered substantially
alike in exterior design and appearance if they share any one of the
following characteristics: the basic dimensions of the floor plans
are without substantial differentiation, the height and design of
the roofs are without substantial change in design and appearance,
or the size, location and type of windows and doors in the front elevation
are without substantial differentiation. There shall be not less than
eight basic house designs within a hamlet that contains between 50
and 77 dwelling units. There shall be not less than five basic house
designs for a hamlet under 50 units. To insure house design conformity,
no construction permit shall hereafter be issued for more than one
dwelling in any housing development until the builder shall post,
for each specific lot on the map of subdivision on file with the Construction
Official, the type and model of each house for which a construction
permit has been or is being issued.
[d]
Architectural details, style, color, proportion,
and massing shall reflect the features of a traditional hamlet residential
neighborhood.
[e]
Residential building walls and soffits may be fieldstone,
wood, clapboard, cedar shingles, vinyl "cedar shake," brick or cement
fiber clapboards or shingles, such as HardiePlank®, or a combination
thereof. Fieldstone shall be of a type and color native to the Township.
Clapboards shall be individual planks made of wood or untextured masonry
material.
[f]
Roof pitches shall be generally consistent throughout
the hamlet development. Roofs shall be simply and symmetrically pitched.
Flat-type roofs are prohibited. Roof vents on facades shall be of
a size, shape, color and material which is in proportion to and compatible
with the building facade.
[g]
Provide for an orderly relationship among windows,
doors, porches, and roof forms.
[h]
Exposed foundation walls shall show a finish of
brick, local fieldstone, finished poured concrete or patterned brick-form
poured concrete.
[4]
The front facades, as well as other street and public open space
facing elevations of single-family and twin units, are dedicated to
the public view, and therefore every house shall have a minimum of
one of the following elements on each publicly visible facade: (1)
open and usable porches (minimum eight-foot depth and ten-foot length);
(2) stoops; (3) bay windows; (4) portico. Other decorative architectural
treatments can be substituted on a case-by-case basis. Such architectural
elements may encroach by no more than four feet into building setback
lines. Porches may include appropriately styled balustrades and trim
to match the style of the house.
[5]
Any porch built by the property owner and not provided by the
builder at the time of initial construction shall be considered an
"accessory porch." Accessory porches shall complement the architectural
style and design of the dwelling unit and the overall project design.
Accessory porches shall have a minimum depth of eight feet.
[6]
Decks, patios and terraces shall complement the architectural
style and design of the dwelling unit and the overall project design,
as established during the site plan and/or subdivision review and
approval process. Decks shall be constructed immediately adjacent
to the side and rear wall of the house and shall not be constructed
closer than 10 feet to the side and rear property lines. Patios constructed
at grade shall not be constructed closer than five feet from the side
or rear property line. All design standards for decks, patios and
terraces shall be approved by the municipal agency.
[7]
The space below decks and porches which is visible from nearby
public property and/or rights-of-way shall be skirted by wood or vinyl
lattice with not greater than one-and-one-half-inch spaces between
the boards.
[8]
Decks may be built of durable hardwoods, concrete, masonry or
suitable synthetic wood products which appear to be traditional wood
flooring. In addition, decks may be built of unfinished pressure-treated
wood when not readily visible from public property and/or rights-of-way
(excluding alleys). Decks and stairs built of pressure-treated wood
and readily visible from public property and/or rights-of-way (excluding
alleys) must be painted or stained, with the exception of the floor
and the treads, which may be painted, stained or left unfinished.
[9]
All residential accessory storage structures shall be attached
to the principal dwelling or detached garage. Such structures shall
be no taller than one story and shall be designed as an integral part
of the structure to which it is attached, including same exterior
materials and color. No freestanding structures of this type shall
be permitted. The yard setback requirements for such structures shall
be the same as the structure to which it is attached.
[10]
All swimming pools and spas shall be in-ground
type and shall be located at least 10 feet from all property lines.
Spas, however, may be allowed aboveground if incorporated into a deck
and enclosed by a fence that is at least one foot higher than the
spa. All design standards for pool and spa facilities shall be approved
by the municipal agency.
[11]
Other accessory structures (e.g., gazebo, arbor,
trellis, pergola) not otherwise enumerated above shall be established
by design standards approved by the municipal agency. The following
standards shall apply:
[a]
Gazebos or other similar freestanding accessory
structures are permitted in the rear yard only. Maximum height shall
not exceed 12 feet above adjacent grade, excluding rooftop ornaments.
It shall be constructed of wood and shall have a maximum size of 150
square feet.
[b]
Trellises and arbors are permitted in the side
and rear yards. They shall be proportionately sized for the overall
area of the yard, shall not exceed eight feet in height, five feet
in width, and they shall be constructed of wood and complement the
architectural style, type and design of the fence or dwelling.
[12]
Screened porches and sunrooms shall be permitted
along the rear building facade.
[13]
The developer shall submit a concept plan reflecting
the design standards included herein and in the Township Master Plan
Amendment, Land Use Plan Element, for the A-R zone dated October 20,
2009.
(13)
Site design requirements.
(a)
Larger residential lots are encouraged at street intersections,
and smaller residential lots are encouraged adjacent to parks or other
open spaces.
(b)
The scale and massing of building on any given street shall
be harmonious with one another.
(c)
Special ground texture treatment shall be required for pedestrian
crossings in streets and elsewhere to include brick, pavers, stone
and/or other suitable material.
(d)
Landscape details such as gates, walls, and benches shall be
integrated into the overall design of public spaces.
(e)
All streets, alleys, sidewalks and pathways shall connect to
other such facilities within and outside the hamlet development, as
appropriate. Dead-end streets are generally not permitted within a
hamlet development unless such condition is unavoidable.
(14)
Fences, walls and hedges are permitted to define the front yard.
All design standards for fences, walls and hedges shall be approved
by the municipal agency. The following standards shall apply:
(a)
Fences.
[1]
Front yard shall not be less than 18 inches, nor more than 36
inches.
[2]
Side yard and rear yard shall not exceed six feet in height.
[3]
Front yard shall not exceed 50% solid, side and rear shall be
a minimum of 50% solid.
[4]
Shall be made of wood, or other materials that effectively simulate
the look of wood or wrought iron. Samples of any non-wood material
shall be submitted to the Board for approval.
[5]
Gates.
[a]
Design of the gate shall complement the design
of the fence.
[b]
Front gates permitted only at walkways leading
to the dwelling.
[c]
Rear gates permitted at walkways and driveway openings.
[d]
No gates permitted in side yard fencing.
[e]
Corner posts shall be larger and taller than intermediary
posts, and corner posts shall be capped.
[6]
All fencing shall line up with fences on neighboring properties.
[8]
Return to dwelling.
[9]
All residents shall be responsible for maintaining permanent
rear and side fencing or hedges adequate to provide adjacent neighbors
with reasonable privacy.
(b)
Hedges shall be planted zero to two feet from the property line
36 inches on center at a minimum height of three feet at time of planting.
(15)
Traffic and circulation.
(a)
Vehicular access to and from the hamlet shall be via no more
than two roadway curb cuts onto the county or state road. No new driveways
serving individual dwelling units shall be provided along any county
or state road.
(b)
A five-foot-wide sidewalk shall be located on both sides of
all interior streets. Sidewalks shall be either finished concrete,
exposed aggregate concrete, patterned/stamped concrete pavers, brick
or other approved equivalent, which shall be located according to
a comprehensive hamlet sidewalk plan. A minimum two-foot-wide grass
strip is required between the sidewalk and the street and shall not
preclude the introduction of bioswales. Primary house entry walks
shall be brick when connecting with a concrete public walk. Other
walks and pathways may be built of brick, stone or concrete.
(c)
The hamlet street system design shall incorporate, where determined
necessary by the municipal agency, speed tables, sidewalk bump-outs
at intersections, raised intersections, alternative paving materials,
chicanes and or neighborhood circles.
(d)
Street trees shall be required along public streets and shall be in accordance with § 230-106H, Street shade trees.
(e)
To the greatest extent possible, all portions of the hamlet
shall be linked via a sidewalk and/or pathway network as approved
by the municipal agency. The hamlet shall be pedestrian-oriented,
with a design that enables and encourages pedestrian and bicycle circulation,
with linkages to surrounding off-site areas.
(16)
Alley specifications.
(a)
Traffic flow: one-way or two-way.
(b)
Parking: none.
(c)
Minimum right-of-way: one-way at 11 feet; two-way at 22 feet.
(d)
Minimum pavement width: one-way at nine feet; two-way at 18
feet.
(e)
Speed limit: 10 miles per hour.
(f)
Curbing: mountable granite block.
(g)
Drainage: inverted center line with inlets prior to roadway
intersections.
(h)
Pedestrian crossing: sidewalks cross alleys at grade.
(i)
Streetlighting: at corners, curves and at least every 200 feet.
(17)
Garage, parking and driveway design standards.
(a)
Two garage parking spaces shall be provided for each dwelling
unit.
(b)
Garages shall be designed to have individual doors.
(c)
All garages shall be designed to be consistent with the architecture
of the principal building including the roof pitch, exterior materials,
windows/doors, and colors. Garages shall be located to the rear of
the principal building to be accessed either off of an alley or from
a driveway that connects the garage to the street located in front
of the building. Windows are encouraged on garages to admit light
and eliminate blank walls. Garage doors shall be built of wood, embossed
hardboard, embossed steel or fiberglass.
(d)
Garages shall be located at or behind the rear elevation of
a dwelling, and, with the exception of corner lots, no garages shall
be located to the side of a dwelling.
(e)
With the exception of lots that do not back up to alleys, driveways
and driveway access shall be prohibited in any front yard area.
(f)
Driveways shall be no wider than 12 feet and shall be set back
a minimum of two feet but no more than five feet from the side property
line and the side of the principal building. No more than one driveway
opening on a street or alley shall be permitted per lot.
(g)
The surface treatment of driveways shall maximize, to the greatest
extent practicable, the use of pavement materials for that include
porous bituminous concrete or other porous pavement treatments or
any other surface such as open-jointed pavers or base construction
such that the design and construction maximizes the infiltration of
rainfall runoff.
(h)
The sides of garages, where the garage is either detached or
partially detached (e.g., connected to house by open breezeway or
porch), shall have a minimum setback from the rear and side property
lines of four feet. All garage doors for vehicles that face an alley
shall be set back a minimum of 20 feet from the pavement edge of the
alley to permit driveway off-street parking.
(i)
Garages on corner lots are permitted direct access to a side
street, provided the garage is set back a minimum of 20 feet from
the right-of-way.
(18)
Landscaping and lighting.
(a)
Those portions of individual lots not used for off-street parking,
pedestrian circulation, patio or deck areas shall be planted with
trees, shrubs and grass and other suitable landscaping materials or
a combination thereof and maintained in good condition. Typical residence
planting plans shall be required for single-family detached and twin
dwellings.
(b)
Residential lot property lines that abut alley rights-of-way
shall be separated by a six-foot-high fence to maximize rear yard
privacy. Alley rights-of-way shall be separated from adjacent outbound
parcels by a minimum of a ten-foot-wide planter or fenced buffer.
(c)
No plantings shall be permitted within the alley rights-of-way.
(d)
Landscaping shall be in conformance with the standards found in § 230-111A. Landscaping shall provide for a variety and mixture of plant materials taking into consideration their susceptibility to disease, colors (by season), textures, shapes, blossoms and foliage. Only native and water-efficient plantings shall be utilized throughout the development.
(e)
Shrubs used within the development shall have an initial height
of not less than three feet and planted at intervals appropriate for
the activities involved.
(f)
Landscape details such as gates, decorative walls and benches
shall be integrated into the overall design and complement the architectural
theme.
(g)
Streets and alleys shall be provided with adequate lighting,
while minimizing adverse impacts, such as glare and overhead sky glow,
on adjacent properties. House side shields shall be provided where
abutting a residential use.
(h)
Lighting shall be the minimum required for safety and must be
provided in the least intrusive manner. Lighting fixtures and poles
shall be required along streets and pedestrian pathways. The height
of such light fixtures shall be appropriate to its setting.
(i)
Lighting fixtures and poles shall be of consistent architectural
style throughout the hamlet development and shall complement the architectural
style of the building.
(19)
Drainage. Nonstructural stormwater management strategies shall be used to the maximum extent practicable, as set forth in § 230-114D, Stormwater management requirements for major development. Low-impact best management practices such as native ground cover, rain gardens, bioswales, porous pavement and cisterns are strongly encouraged as design solutions that are consistent with hamlet design principles set forth in the Township Master Plan. Use of on-site stormwater solutions shall be used to minimize the size and depth of stormwater basins.
(21)
Historic farm dwelling unit. Existing historic dwelling units
may remain within a hamlet development. The following standards shall
apply:
(a)
Minimum lot area shall be 1 1/2 acres. No further subdivision
shall be permitted.
(b)
An historic dwelling unit shall comply with the bulk requirements
found in Table 3 below.
(c)
The municipal agency may permit the establishment of an exception
area within the preserved open space associated with the hamlet, not
to exceed three acres, to be identified on the preserved lands lot,
upon which is located the existing historic farm dwelling, the septic
disposal field and any other buildings or structures not used for
agricultural/open space purposes.
(d)
Existing view corridors to and from buildings located within
the historic setting shall be preserved.
(e)
To the maximum extent possible, the design of the adjacent hamlet
development shall contain buildings that reflect the architectural
design, style and materials of the historic farm buildings.
(f)
Existing driveway access shall either be maintained and/or modified
to connect with new hamlet roadway construction.
|
Table 1
| |||
|---|---|---|---|
|
Bulk Requirements for Single-Family Detached Dwellings1, 2
| |||
|
Principal Building
| |||
|
Minimum
|
Maximum
| ||
|
Lot area
|
9,500 square feet
|
15,000 square feet
| |
|
Lot frontage and width
|
50 feet
|
85 feet
| |
|
Lot depth
|
130 feet
|
220 feet
| |
|
Front yard
|
10 feet
|
35 feet
| |
|
Rear yard (excluding rear loaded garage)
|
25 feet
|
—
| |
|
Side yards
|
5 feet
|
20 feet
| |
|
Building coverage
|
30%
| ||
|
Impervious coverage
|
40%
| ||
|
Building height
|
2 1/2 stories or 35 feet maximum
| ||
|
Table 2
| |||
|---|---|---|---|
|
Bulk Requirements for Twin Dwellings1, 2,
4
| |||
|
Principal Building
| |||
|
Minimum
|
Maximum
| ||
|
Lot area
|
7,500 square feet
|
14,000 square feet
| |
|
Lot frontage and width
|
50 feet
|
65 feet
| |
|
Lot depth
|
130 feet
|
220 feet
| |
|
Front yard
|
10 feet
|
35 feet
| |
|
Rear yard (excluding rear loaded garage)
|
25 feet
|
—
| |
|
Side yards3
|
5 feet
|
20 feet
| |
|
Building coverage
|
30%
| ||
|
Impervious coverage
|
40%
| ||
|
Building height
|
2 1/2 stories or 35 feet maximum
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
Minimum and maximum lot sizes and lot frontage and width standards
applicable to corner lots and lots fronting on the major access roadway
into the hamlet development shall be increased by 25%.
| |
|
2
|
Build-to line: 10 feet with a five-foot variation.
| |
|
3
|
Applicable only to unattached side of dwelling unit; attached
side of unit has a zero side yard requirement.
| |
|
4
|
No more than 20% of the total number of dwelling units within
the hamlet.
| |
|
Table 3
| ||
|---|---|---|
|
Bulk Requirements for Single-Family Detached Dwellings
| ||
|
Principal Building
| ||
|
Minimum lot frontage and width
|
115 feet
| |
|
Minimum lot depth
|
250 feet
| |
|
Minimum front yard
|
25 feet
| |
|
Minimum rear yard
|
40 feet
| |
|
Minimum side yards
|
15 feet
| |
|
Maximum impervious coverage
|
See § 230-17D
| |
|
Maximum building height
|
2 1/2 stories or 35 feet
| |
|
Accessory buildings shall comply with § 230-17E(3)(a) through (d).
| ||
[Added 2-13-2012 by Ord.
No. 2012-02LU]
A.
Title. This section may be referred to as the "Small Wind Energy
System Ordinance."
B.
Authority. This section is adopted pursuant to the authority of the
governing body to promote the public health, safety and welfare as
set forth in the general law (N.J.S.A. 40:48-2) and in the Municipal
Land Use Law [N.J.S.A. 40:55D-2(a), 2(j), 2(n) and 66.12].
D.
BOARD
METEOROLOGICAL TOWER or MET TOWER
OWNER
ROTOR DIAMETER
SMALL WIND ENERGY SYSTEM
TOTAL HEIGHT
TOWER
WIND ENERGY SYSTEM
WIND GENERATOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The correct board for the appropriate transaction.
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
The individual or entity that intends to own and operate
the small wind energy system in accordance with this section.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
A wind energy system, as defined in this section, that:
In relation to a wind energy system, the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point.
A monopole, freestanding, or guyed structure that supports
a wind generator.
One wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
E.
Standards. A small wind energy system shall be a permitted use in
all zones, provided the small wind energy system is not greater than
120 feet in height, and provided further that the small wind energy
system meets the following requirements:
(1)
Setbacks. A wind tower for a small wind energy system shall meet
setback requirements as follows:
(a)
Any wind energy system with a total height of 35 feet or less
will adhere to existing Township accessory building setback requirements;
(b)
For wind energy systems of greater than 35 feet and less than 70 feet in height, setback requirements are two times the existing Township setbacks referenced in Subsection E(1)(a);
(c)
For wind energy systems from 70 feet and less than 105 feet in height, setback requirements are three times the existing Township setbacks referenced in Subsection E(1)(a);
(d)
For wind energy systems 105 feet to 120 feet in height, setback requirements are four times the existing Township setbacks referenced in Subsection E(1)(a);
(e)
No portion of the wind generator shall extend beyond the setback
line, nor into the following:
(2)
Access.
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground.
(3)
Lighting. A small wind energy system shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration.
(4)
Appearance, color, and finish. The wind generator and the tower shall
remain painted or finished in the color or finish that was originally
applied by the manufacturer, unless a different color of finish is
approved in the zoning approval.
(5)
Signs. There shall be no signs that are visible from any public road
posted on a small wind generator system or any associated building,
except for the manufacturer's or installer's identification, appropriate
warning signs, or owner identification.
(6)
Utility notification and interconnection. Small wind energy systems
that connect to the electric utility shall comply with the New Jersey's
Net Metering and Interconnection Standards for Class I Renewable Energy
Systems as set forth at N.J.A.C. 14:4-9.
(7)
Met towers. A met tower shall be permitted for the sole purpose of
evaluating the appropriateness of the site for a wind generator and
shall be removed prior to erection of the wind turbine. Met towers
must comply with the same standards, permit requirements, restoration
requirements and permit procedures as a small wind energy system.
F.
Permit requirements.
(1)
Minor site plan approval. Minor site plan approval is required for
the installation of any small wind energy systems with a total height
greater than 35 feet.
(2)
Documents. The site plan application shall be accompanied by a plot
plan in accordance with this chapter and also include the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimensions, and types of existing major structures
on the property;
(c)
Location of the proposed small wind energy system tower;
(d)
The right-of-way of any public road that is contiguous with
the property;
(e)
Any overhead utility lines;
(f)
Small wind energy system specifications, including manufacturer
and model, rotor diameter, tower height, tower type (freestanding
or guyed);
(g)
The appropriateness of the site, as determined by the New Jersey
Wind Resource Map, most closely matching the height of the proposed
system.
(3)
Fees. The site plan application for a small wind energy system must
be accompanied by the ordinance required fees.
(4)
Expiration. A site plan approval issued pursuant to this section,
or a variance from this section, shall expire if:
(5)
Environmental impact statement. The site plan application must include
an analysis of the wind energy system's impact on migratory birds
consistent with U.S. Fish and Wildlife Service guidelines. The permit
application must also include a viewshed analysis comprising no fewer
than four color photographs of the proposed site (no smaller than
five inches by seven inches) taken from locations to be selected by
the Planning Board or Board of Adjustment and showing computer-enhanced
images to simulate the appearance of the as-built facilities as they
would appear from these locations.
(6)
Economic viability analysis. The site plan application must include
an analysis showing the economic viability of the wind energy system.
(7)
Safety. All Township regulations limiting climbing access will apply.
The minimum distance from the ground and any part of the rotor blade
shall be 30 feet. The design must be such that the entire structure
will fall within the building envelope.
G.
Abandonment.
(1)
A small wind energy system that is out-of-service for a continuous
eighteen-month period will be deemed to have been abandoned.
(2)
The Delaware Township Zoning Officer may issue a notice of abandonment
to the owner of a small wind energy system that is deemed to have
been abandoned. The notice shall be sent return receipt requested.
(3)
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date.
(4)
If the owner provides information that demonstrates the small wind
energy system has not been abandoned, the Delaware Township Zoning
Officer shall withdraw the notice of abandonment and notify the owner
that the notice has been withdrawn.
(5)
If the Delaware Township Zoning Officer determines that the small
wind energy system has been abandoned, the owner of the small wind
energy system shall remove the entire system at the owner's sole expense
within six months after the owner receives the notice of abandonment.
H.
Violations.
(1)
It is unlawful for any person to construct, install, or operate a
small wind energy system that is not in compliance with this section.
I.
Administration and enforcement.
(1)
This section shall be administered by the Delaware Township Zoning
Officer or other official as designated.
(2)
The Delaware Township Zoning Officer may enter any property for which
a permit has been issued under this section to conduct an inspection
to determine whether the conditions stated in the permit have been
met.
(3)
The Delaware Township Zoning Officer may issue orders to abate any
violation of this section.
(4)
The Delaware Township Zoning Officer may issue a citation for any
violation of this section.
(5)
The Delaware Township Zoning Officer may refer any violation of this
section to legal counsel for enforcement.
(6)
Each owner shall submit annually (from the date of permit issuance) to the Delaware Township Zoning Officer a report showing the effectiveness of the wind energy system. Wind energy systems not performing in accordance with Subsection F(6), Economic viability analysis, of this section, may be deemed by the Delaware Township Zoning Officer to be abandoned.
J.
Penalties.
(1)
Any person who fails to comply with any provision of this section
shall be subject to enforcement and penalties as stipulated in chapter
and section of the appropriate zoning code.
(2)
Nothing in this section shall be construed to prevent Delaware Township
from using any other lawful means to enforce this section.
K.
Severability. The provisions of this section are severable, and the
invalidity of any subsection, paragraph, or other part of this section
shall not affect the validity or effectiveness of the remainder of
the section.
[Added 3-9-2015 by Ord.
No. 2015-03LU]
A.
AGRICULTURAL RESTRICTION
BUILDABLE ACRES
(1)
(2)
(3)
(4)
CLUSTER DEVELOPMENT
DEVELOPMENT RESTRICTION
NONCONTIGUOUS CLUSTER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An "agricultural deed restriction for farmland preservation
purposes" as defined in Section 3 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-13).
Land in the A-1 or A-2 districts, the area of which shall
be determined after deductions for:
All areas of roads and transmission rights-of-way, including
the area of proposed roads within the tract but excluding easements
or rights-of-way required for widening of existing roads abutting
the tract boundaries;
All areas of existing conservation and open space easements;
All areas of other existing restrictive covenants and easements;
and
Resource protection areas pursuant to Article XII of this chapter.
A noncontiguous cluster that is not a planned development.
An agricultural restriction or conservation restriction.
Noncontiguous areas to be developed as a single entity according
to a plan containing an area, or a section or sections thereof, to
be developed for residential purposes, nonresidential purposes, or
a combination thereof, at a greater concentration of density or intensity
of land use than authorized within the area, section, or sections,
under conventional development, in exchange for the permanent preservation
of another area, or a section or sections thereof, as common or public
open space, or for agricultural purposes, or a combination thereof.
B.
Noncontiguous cluster option.
(1)
In addition to any other development options provided in the Land
Use Ordinance, any parcel of at least 24 acres within the A-1 or A-2
Districts may be developed with a noncontiguous cluster option.
(2)
Under the noncontiguous cluster option, a developer shall be granted
increased density when that developer provides acceptable development
restrictions in either the A-1 or A-2 Distriicts.
(3)
"Acceptable development restrictions" shall be either conservation
restrictions or agricultural restrictions, as defined and permitted
herein.
(4)
The acceptable development restrictions may be presented to the Land
Use Board as part of the application for development or may be made
a condition of preliminary approval.
(5)
No parcel shall be considered for an acceptable development restriction
unless that parcel has been so approved by the Land Use Board after
consultation with the Open Space Advisory Committee.
(6)
In the A-1 District, a developer shall be permitted to construct
one additional dwelling unit for every three buildable acres preserved
by way of acceptable development restriction in the A-1 District,
or one additional dwelling unit for every six buildable acres preserved
by way of acceptable development restriction in the A-2 District.
(7)
In the A-2 District, a developer shall be permitted to construct
one additional dwelling unit for every three buildable acres preserved
by way of acceptable development restriction in the A-1 District,
or one additional dwelling unit for every six buildable acres preserved
by way of acceptable development restriction in the A-2 District.
(8)
At least one-half of the preserved land must be contained on a single
lot. If not, the remaining preserved land must be a parcel that is
at least 10 acres in size and adjacent to a lot that is already preserved
pursuant to a conservation or agricultural restriction.
C.
Development restrictions.
(1)
A development restriction shall provide for the permanent protection
of land proposed to be preserved as public open space or common open
space, or as agricultural land in accordance with the provisions set
forth in this section.
(2)
Land identified for preservation as public open space shall be conveyed
or dedicated by conservation restriction. The conservation restriction
shall be as set forth in Appendix II[1] or, in the alternative, as set forth in a conservation
restriction template prepared by the Department of Environmental Protection
for this purpose.
[1]
Editor's Note: Appendix II is included as an attachment to this chapter.
(3)
Land identified for preservation as agricultural land shall be conveyed
or dedicated by agricultural restriction. The agricultural restriction
shall be as set forth in a template prepared by the State Agriculture
Development Committee, or in the alternative, the agricultural restriction
shall be approved by the State Agriculture Development Committee.
(4)
The agricultural restriction shall contain provisions:
(a)
To allow limited nonagricultural uses which the State Agriculture
Development Committee finds compatible with agricultural use and production;
(b)
To allow future amendments to the area subject to the agricultural
restriction in order to accommodate public improvements, including
but not limited to roadways, drainage facilities and other public
infrastructure, so long as the amendment results in only de minimis
impact to the original area subject to the restriction;
(c)
To allow the inclusion of existing dwelling units or limited
additional future housing opportunities that directly support the
property's agricultural operations and are appropriate to the scale
of the preserved farmland.
(5)
Agricultural land subject to an agricultural restriction approved
by the State Agriculture Development Committee shall be provided the
right-to-farm benefits under the Right to Farm Act, P.L. 1983, c.
31 (N.J.S.A. 4:1C-1 et al.) and other benefits that may be provided
pursuant to the "Agriculture Retention and Development Act," P.L.
1983, c. 32 (N.J.S.A. 4:1C-11 et seq.).
(6)
Any development restriction shall be recorded in the office of the
County Recording Officer prior to the start of construction.
(7)
Any development restriction shall be expressly enforceable by the
Township of Delaware, the State of New Jersey and, if set forth in
the restriction, another public agency or nonprofit conservation organization.
