Township of Delaware, NJ Article III Zone Regulations

§ 230-12 All zones.

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.

(3) Where two or more contiguous lots are in common ownership as of or subsequent to the effective date of this chapter and a consolidation or resubdivision could create one or more lots that would conform to the chapter, the provisions of this Subsection G shall not apply.

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.

[1] Editor's Note: See Ch. 158, Construction Codes, Uniform.

[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.

[2] The antenna(s) shall comply with all of the provisions of Subsection V(3)(f), (g) and (h), above.

[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) Term defined. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY APARTMENT

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.

§ 230-13 All agriculture/residential and commercial/residential zones.

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.

§ 230-14 Residential/Commercial, Commercial, and Industrial Zones, generally.

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.

D. Development review. Development review shall be obtained for all construction in accordance with Articles VII, VIII and IX of this chapter.

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.

§ 230-15 A-1 and A-2 Zones, generally.

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."

§ 230-16 A-1 Zone.

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) Single-family detached dwellings within a lot size averaging subdivision.

[Amended 9-26-2011 by Ord. No. 2011-12LU][1]

[1] Editor's Note: Former Subsection B(1)(d), Single-family detached cluster development, which immediately followed this subsection, was repealed 9-26-2011 by Ord. No. 2011-11LU.

Editor's Note: Original Subsection 3:5.2.A.5, Village cluster development, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(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.

[5] Signs subject to the provisions of § 230-108 of this chapter.

[6] Fences and hedges subject to the provisions of § 230-103 of this chapter.

[7] Other customary accessory structures and uses that are incidental and subordinate to the principal residential and/or agricultural structure and use.

[8] Roof-mounted or ground-mounted minor solar or photovoltaic energy facilities and structures, provided the requirements of § 230-12X are met.

[Added 8-8-2011 by Ord. No. 2011-06LU]

(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]

(l) Noncontiguous cluster option, subject to the provisions of § 230-29 of this chapter.

[Added 3-9-2015 by Ord. No. 2015-03LU]

(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.

(h) Farm rental units on large lots.[2]

[2] Editor's Note: Original Section 3:5.2.B.9, Accessory apartments for low- and moderate-income housing, which immediately followed this subsection, was repealed 9-14-2009 by Ord. No. 2009-20LU.

(i) Public and private schools.

(j) Senior citizen shared housing.[3]

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(k) PWSFs as permitted and regulated at § 230-43.

(l) Accessory apartments as permitted and regulated a § 230-135.

[Added 9-14-2009 by Ord. No. 2009-20LU]

(m) Major solar or photovoltaic energy facilities and structures, provided the requirements of § 230-44 are met.

[Added 8-8-2011 by Ord. No. 2011-06LU]

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:

(a) Minimum lot area exclusive of flagpole: four acres.

(b) Minimum width of flagpole: 50 feet.

(c) Minimum diameter of inscribed circle: 417 feet.

(d) Minimum setback from any lot line: 75 feet.

(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.

(b) The standards for private accessways are as set forth at § 230-110 of this chapter.

(c) No major subdivision shall be permitted using a private accessway.[5]

[5] Editor's Note: Original Subsection G, Village Cluster development standards, which immediately followed this subsection, was repealed 9-26-2011 by Ord. No. 2011-11LU.

(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.

§ 230-17 A-2 Zone.

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]

(d) Single-family detached cluster development.[1]

[1] Editor's Note: Original Subsection 3:6.2.A.5, Village cluster development, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(e) Flag lot subdivisions [Subsection E(5)].

(f) Lots on a private accessway [Subsection E(6)].

(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.

[5] Signs subject to the provisions of § 230-108 of this chapter.

[6] Fences and hedges subject to the special conditions of § 230-103 of this chapter.

[7] Other customary accessory structures and uses which are clearly incidental and subordinate to the principal structure and use.

[8] Roof-mounted or ground-mounted minor solar or photovoltaic energy facilities and structures, provided the requirements of § 230-12X are met.

[Added 8-8-2011 by Ord. No. 2011-06LU]

(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]

(n) Noncontiguous cluster option, subject to the provisions of § 230-29 of this chapter.

[Added 3-9-2015 by Ord. No. 2015-03LU]

(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.

(h) Farm rental units on large lots.[2]

[2] Editor's Note: Original Section 3:6.2B.9, Accessory apartments for low- and moderate-income housing, which immediately followed this subsection, was repealed 9-14-2009 by Ord. No. 2009-20LU.

(i) Public and private schools.

(j) Senior citizen shared housing.[3]

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(k) PWSFs as permitted and regulated at § 230-43.

(l) Accessory apartments as permitted and regulated at § 230-135.

[Added 9-14-2009 by Ord. No. 2009-20LU]

(m) Major solar and photovoltaic energy facilities and structures, provided the requirements of § 230-44 are met.

[Added 8-8-2011 by Ord. No. 2011-06LU]

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:

(a) Minimum lot area: seven acres exclusive of the area of flagpole.

(b) Minimum width of flagpole: 50 feet.

(c) Minimum diameter of inscribed circle: 552 feet.

(d) Minimum setback from any lot line: 75 feet.

(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.

(b) The standards for private accessways are as set forth at § 230-110 of this chapter.

(c) No major subdivision shall be permitted using a private accessway.[5]

[5] Editor's Note: Original Subsection 3:6.5F, Village cluster development standards, which immediately followed this subsection, was repealed 9-26-2011 by Ord. No. 2011-11LU.

(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.

§ 230-18 C-1 Highway Commercial Zone.

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.

(c) Signs subject to the provisions of § 230-108 of this chapter.

(d) Fences and hedges subject to the provisions of § 230-103 of 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.

(g) Roof-mounted or ground-mounted minor solar or photovoltaic energy facilities and structures, provided the requirements of § 230-12X are met.

[Added 8-8-2011 by Ord. No. 2011-06LU]

(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.

(k) PWSFs as permitted and regulated at § 230-43.

(l) Major solar or photovoltaic energy facilities and structures, provided the requirements of § 230-44 are met.

[Added 8-8-2011 by Ord. No. 2011-06LU]

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.

(1) All subdivisions and permitted uses in the C-1 Zone must meet the standards set forth in Articles XI and XII of this chapter.

(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.

§ 230-19 V-1 Village Residential/Commercial Zone.

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.

(g) Signs subject to the special conditions of § 230-108 of this chapter.

(h) Fences and hedges subject to the special conditions of § 230-103 of this chapter.

(i) Roof-mounted minor solar or photovoltaic energy facilities and structures, provided the requirements of § 230-12X are met.

[Added 8-8-2011 by Ord. No. 2011-06LU]

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.

(b) Signs subject to the provisions of § 230-108 of this chapter.

(c) Fences and hedges subject to the provisions of § 230-103 of this chapter.

(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.

(f) Accessory apartments as permitted and regulated at § 230-135.

[Added 9-14-2009 by Ord. No. 2009-20LU]

(g) Roof-mounted minor solar or photovoltaic energy facilities and structures, provided the requirements of § 230-12X are met.

[Added 8-8-2011 by Ord. No. 2011-06LU]

(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.

(c) Conversion of existing accessory buildings into dwelling units.[1]

[1] Editor's Note: Original Subsection 3:8.3.C.4, Conversion of any dwelling existing on August 20, 1962 into a two-family dwelling, which immediately followed this subsection, was repealed 9-14-2009 by Ord. No. 2009-20LU.

(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.

(h) Senior citizen shared housing.[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(i) Accessory apartments for low- and moderate-income housing.[3]

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.

E. Other provisions and requirements. All subdivisions and permitted uses in the V-1 Zone must meet the standards set forth in Articles XI and XII of this chapter.

§ 230-20 VE Village Extension Zone.

[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).

(5) Senior citizen shared living quarters as conditional uses.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(6) Roof-mounted minor solar or photovoltaic energy facilities and structures, provided the requirements of § 230-12X are met.

[Added 8-8-2011 by Ord. No. 2011-06LU]

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.

§ 230-21 V-2 Village Residential/Commercial Zone.

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.

(h) Signs subject to the provisions of § 230-108 of this chapter.

(i) Fences and hedges subject to the provisions of § 230-103 of this chapter.

(j) Accessory apartment as permitted and regulated at § 230-135.

[Added 9-14-2009 by Ord. No. 2009-20LU]

(k) Roof-mounted minor solar or photovoltaic energy facilities and structures, provided the requirements of § 230-12X are met.

[Added 8-8-2011 by Ord. No. 2011-06LU]

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:

	Agricultural retail
	Antique shop
	Apparel store
	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
	Cabinet maker
	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
	Home furnishings
	Ice cream shop
	Jewelry store
	Library antique shop
	Locksmith
	Medical clinics and offices (outpatient)
	Municipal uses
	Musical instrument store
	Newsstand
	Paint, glass, tile and other home decorating material
	Pet shop
	Pharmacy
	Photo studios
	Post office
	Printing services
	Publishing services
	Real estate office
	Record shop
	Restaurant (non-drive-in, non-fast food, non-live entertainment)
	Seafood store
	Shoe/hat repair shop
	Specialty foods
	Sporting goods store
	Stationery store
	Tailor shop
	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.

(b) Signs subject to the provisions of § 230-108 of this chapter.

(c) Fences and hedges subject to the provisions of § 230-103 of this chapter.

(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.

(f) Roof-mounted minor solar or photovoltaic energy facilities and structures, provided the requirements of § 230-12X are met.

[Added 8-8-2011 by Ord. No. 2011-06LU]

(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.

(f) Senior citizen shared living quarters.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(g) Low- and moderate-income housing.[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.

§ 230-22 I-2 Restricted Industrial Zone.

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.

C. Development standards. The I-2 Restricted Industrial Zone specified herewith shall be occupied only as indicated in the Schedule of Area Requirements at § 230-24 of this chapter. The standards for quarrying shall be in accordance with the relevant provisions of Chapter 272, Quarrying.

D. Other provisions and requirements.

(1) All subdivisions and permitted uses in the I-2 Zone must meet the standards set forth in Articles XI and XII of this chapter.

(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.

§ 230-23 V-3 Residential District.

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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(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.

(19) Roof-mounted minor solar or photovoltaic energy facilities and structures are permitted as accessory structures in the zone, provided the requirements of § 230-12X are met.

[Added 8-8-2011 by Ord. No. 2011-06LU]

(20) Senior citizen shared living quarters are permitted as a conditional use.[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 230-24 Schedule of Area Requirements for all other zones.

The Schedule of Area Requirements for All Other Zones is included as an attachment to this chapter.

§ 230-25 Permitted modifications and exceptions.

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]

§ 230-26 Nonconforming uses and structures.

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:

(1) Create a new or additional noncompliance with this chapter; or

(2) Increase the degree of noncompliance with respect to any bulk regulations or off-street parking and loading requirements contained in this chapter.

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]

§ 230-27 Hamlets.

[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.

(3) All dwelling units and other permitted land uses associated with a hamlet shall be required to locate:

(a) On either a county or state road.

(b) At least one mile from the intersection of County Routes 604 and 523.

(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.

[7] Placement.

[a] Front yard: zero feet to two feet from front property line.

[b] Side yard: placed on the property line.

[c] Rear back onto alley: no closer than five feet to the rear property line.

[d] Rear no alley: zero feet to two feet from rear property line.

[8] Return to dwelling.

[a] Front yard shall return to the dwelling at a minimum of 1/3 the depth of the unit and may vary depending upon architecture window placement.

[b] Rear yard shall return to the dwelling at a minimum of 2/3 the depth of the unit and can vary depending upon architecture window placement.

[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.

(20) Open space areas. Open space design standards, methods of conveyance and maintenance, and use regulations shall comply with §§ 230-110A and 230-111B, C and D.

(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).

§ 230-28 Small wind energy systems.

[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].

C. Purpose. The purpose of this section is to:

(1) Facilitate the permitting of small wind energy systems.

(2) Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system.

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

BOARD

The correct board for the appropriate transaction.

METEOROLOGICAL TOWER or MET TOWER

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.

OWNER

The individual or entity that intends to own and operate the small wind energy system in accordance with this section.

ROTOR DIAMETER

The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.

SMALL WIND ENERGY SYSTEM

A wind energy system, as defined in this section, that:

(1) Is used to generate electricity;

(2) Has a nameplate capacity of 20 kilowatts or less; and

(3) Is as high as necessary to capture the wind energy resource for residential or agricultural use.

TOTAL HEIGHT

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.

TOWER

A monopole, freestanding, or guyed structure that supports a wind generator.

WIND ENERGY SYSTEM

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.

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:

[1] Any public road right-of-way, unless written permission is granted by the government entity with jurisdiction over the road right-of-way;

[2] Any overhead utility lines, unless written permission is granted by the utility that owns and/or controls the lines.

(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:

(a) The small wind energy system is not installed and functioning within 24 months from the date the approval is issued; or

(b) The small wind energy system is out of service or otherwise unused for a continuous eighteen-month period.

(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.

(6) If the owner fails to remove the wind generator from the tower in the time allowed under Subsection G(5), above, the Delaware Township Zoning Officer may pursue legal action to have the wind generator removed at the owner's expense.

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.

(2) Small wind energy systems installed prior to the adoption of this section are exempt from the requirements of this section, except for the provisions at Subsection G regarding abandonment.

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.

§ 230-29 Noncontiguous cluster option.

[Added 3-9-2015 by Ord. No. 2015-03LU]

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

AGRICULTURAL RESTRICTION

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).

BUILDABLE ACRES

Land in the A-1 or A-2 districts, the area of which shall be determined after deductions for:

(1) 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;

(2) All areas of existing conservation and open space easements;

(3) All areas of other existing restrictive covenants and easements; and

(4) Resource protection areas pursuant to Article XII of this chapter.

CLUSTER DEVELOPMENT

A noncontiguous cluster that is not a planned development.

DEVELOPMENT RESTRICTION

An agricultural restriction or conservation restriction.

NONCONTIGUOUS CLUSTER

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.