No use shall be permitted in the zoning district in which it is proposed other than uses listed as uses permitted by right or as conditional uses, as shown in the Schedule of District Regulations. The Board of Adjustment[1] shall decide questions of interpretation of the use lists. No use or occupancy of any building, structure or land shall hereafter be changed to a different use or occupancy, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless it conforms to all of the regulations herein specified for the district in which it is located, except as hereinafter provided.
[1]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.); see also § 75-6J.
A. 
Pursuant to section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Township of Alloway, except for the delivery of cannabis items and related supplies by a delivery service.
[Added 6-17-2021 by Ord. No. 536]
A. 
No lot shall be smaller in area or width than the minimum lot area and width requirements for the zoning district in which it is located, as shown on the Zoning Map and the Schedule of District Regulations.
B. 
The minimum lot size of any parcel created shall be calculated excluding wetlands, agricultural buffers, streetscape buffers, NJ DEP approved wetland transition areas/buffers, steep slopes, and riparian buffers as defined in the Township Ordinance. All setback requirements shall be measured from the wetlands or other constrained lands that are identified on the site.
[Added 3-15-2007 by Ord. No. 398]
No yard shall have a horizontal dimension measured according to directions contained in Article V, Definitions, less than the minimum yard dimensions specified for the zoning district in which such lot is located as shown on the Zoning Map and the Schedule of District Regulations.
[Added 3-15-2007 by Ord. No. 401]
A. 
Applicability. This section sets forth mechanisms by which developers shall provide for a fair share of affordable housing based on growth that is associated with development taking place within the Township of Alloway.
(1) 
Residential development. Except as exempted in Subsection B below, all residential development in all zones that results in the construction of new market-rate dwelling units in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the growth share provisions of this section.
(2) 
Nonresidential development. Except as exempted in Subsection B below, all nonresidential development in all zoning districts within the Township that results in an increase in gross floor area of any existing nonresidential structure or the construction of a new nonresidential structure in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the growth share provisions of this section; provided, however, that in the case of the demolition of existing nonresidential square footage in order to build new nonresidential square footage, the applicability of the growth share provisions of this section shall only apply to any net increase in square footage for the given development after subtracting the existing square footage demolished from the square footage of the new construction.
B. 
Exemptions.
(1) 
Developments that received preliminary or final approval from the Planning Board or Zoning Board of Adjustment[1] as applicable, prior to the effective date of this section.
[1]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
(2) 
A single-family dwelling constructed by the owner of an existing lot of record on said lot.
(3) 
The development of a new single-family dwelling by the owner/resident of an existing inhabited residence that is destroyed or made uninhabitable by an emergency situation.
(4) 
The development of a new single-family dwelling by the owner/resident of an existing dwelling occupied by said owner/resident which existing dwelling is to be demolished prior to the start of the new home or which existing home is required to be demolished prior to the issuance of a certificate of occupancy for the new home, whichever applies.
C. 
Residential growth share provisions.
(1) 
All residential development which results in the construction of new market-rate dwelling units in the Township of Alloway in all zoning districts shall provide one affordable unit for every five market-rate units constructed.
(2) 
All residential development in all zoning districts consisting of five or more residential units shall satisfy the above requirement in Subsection C(1) by constructing said units on site.
(3) 
For developments that result in a number of market-rate residential units not evenly divisible by five, the developer may construct the additional affordable unit on site or alternatively, the developer may make a payment in lieu of constructing the additional affordable unit. If the developer selects the latter option, the amount of said payment shall be established by subtracting any whole multiples of five from the total number of market-rate residential units being created, dividing any remaining number of units by five and multiplying the resulting fraction by the subsidy required to create an affordable housing unit in Alloway Township.
(4) 
All residential development in all zoning districts consisting of less than five residential units may provide one affordable unit on site or may make a payment in lieu of constructing the proportionate fraction of the affordable housing unit required. If the developer selects the latter option, the amount of said payment shall be established by dividing the number of market-rate units by five and multiplying the resulting fraction by the subsidy required to create an affordable housing unit in Alloway Township.
(5) 
As an alternative to fulfilling the affordable housing requirements set forth in Subsection C(2) through (4) above, developers of residential units in all zoning districts may elect to construct an affordable housing unit elsewhere in Alloway Township or purchase an existing with Alloway Township's Reconstruction (gut rehabilitation) program, buydown program, and/or a Township-sponsored rental program which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq.
(6) 
All residential development not subject to the provisions of Subsection C(2) through (5) above shall be subject to the provisions of development fees as set forth in Alloway Township Ordinance No. 2004-8.
D. 
Nonresidential growth share provisions.
(1) 
All nonresidential development in all zoning districts that result in an increase in gross floor area of any existing nonresidential building or the construction of a new nonresidential building in Alloway Township shall provide one affordable unit for every 25 jobs that results from the application of standards adopted by COAH (presently found in Appendix E of N.J.A.C. 5:94-1 et seq.) and based on use groups, as defined by the International Building Code (IBC) which has been incorporated by reference into the Uniform Construction Code (UCC).
(2) 
All nonresidential developments in all zoning districts shall provide one unit of affordable housing for every 25 jobs created by new or expanded development. Determinations of the number of jobs created shall be based on the new or expanded floor area in the development and the conversion factors, by use group, published by COAH as Appendix E in N.J.A.C. 5:94-1 et seq.
(3) 
Except as set forth in Subsection D(4) below, nonresidential developers in all zoning districts shall construct an affordable housing unit elsewhere in Alloway Township or purchase an existing residential unit elsewhere in Alloway Township in accordance with Alloway Township's Reconstruction (gut rehabilitation) program, buy-down program, and/or municipally sponsored rental program which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq.
(4) 
As an alternative to fulfilling the affordable housing requirements set forth in Subsection D(2) above, the nonresidential developer may make a payment in lieu of constructing the affordable units. The amount of said payment shall be determined by establishing the number of jobs to be created in a development by using the conversion factors published by COAH as Appendix E in N.J.A.C. 5:94-1 et seq., dividing by 25 to determine the number of affordable housing units required and multiplying the resulting figure by the subsidy required to create an affordable housing unit in Alloway Township.
(5) 
For developments that result in a number of jobs not evenly divisible by 25, the developer may construct the additional affordable unit off site in accordance with Subsection D(3) above or alternatively, the developer may make a payment in lieu of constructing an additional affordable unit in accordance with Subsection D(4) above. If the developer selects the latter option, the amount of said payment shall be established by subtracting any whole multiples of 25 from the total number of jobs being created, dividing any remaining number of jobs by 25 and multiplying the resulting fraction by the subsidy required to create an affordable housing unit in Alloway Township.
(6) 
All nonresidential development in all zoning districts creating less than 25 jobs may provide one affordable unit off-site in accordance with Subsection C above or may make a payment in lieu of constructing an affordable housing unit. If the developer selects the latter option, the amount of said payment shall be established by dividing the number of jobs by 25 and multiplying the resulting fraction by the subsidy required to create an affordable housing unit in Alloway Township.
E. 
Requirements for constructing affordable units.
(1) 
Affordable housing units being constructed on site or off site shall meet the requirements of the Alloway Township's Affordable Housing Ordinance, and shall be in conformance with COAH's third round rules at N.J.A.C. 5:94-1 et seq., and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including, but not limited to, requirements regarding phasing schedule, controls on affordability, low/moderate income split, heating source, maximum rent and/or sales prices, affordability average, bedroom distribution, and affirmative marketing.
(2) 
To the greatest extent possible, affordable housing units being provided within inclusionary developments shall be disbursed throughout inclusionary developments and shall be located within buildings designed to be architecturally indistinguishable from the market-rate units otherwise being constructed within the development. To that end, the scale, massing, roof pitch and architectural detailing (such as the selection of exterior materials, doors, windows, etc.) of the buildings containing the affordable housing units shall be similar to and compatible with that of the market-rate units.
(3) 
In providing growth share obligations the density of the underlying zoning district may be increased by 25%. The final size of any lot is subject to review by the Township's Planner and Engineer, as well as an Environmental Engineer if necessary, to determine that the proposed lot sizes are adequate to provide for an on-site septic system. In situations where the reduced permitted lot size as a result of the density bonus is not adequate for a dwelling unit and its associated septic system, the Township Planner and Engineer will determine a minimum lot size for that particular site.[2]
[2]
Editor's Note: See the Density Bonus Table included at the end of this chapter.
(4) 
Because no public sewer or water supply systems are available in the Township thereby requiring onsite provision of septic disposal and water supply systems, each dwelling unit of a multiunit structure shall have their own systems unless the multiunit structure will have only rental units in which case a shared system or systems may be permitted. All systems shall be designed to be the same in appearance as those for market-rate single dwellings in the same inclusionary development. Where mounding is required for on-site septic systems, the approving authority may require lot area be increased to eliminate mounding of septic disposal fields or other action taken so affordable units blend with market-rate units in the same development in this regard. Lots with a significant amount of clay soils on site may also have to be enlarged to accommodate the septic systems required.
(5) 
No application for an inclusionary development under the provisions of this section shall be approved by the Land Use Board unless the following criteria have been satisfied:
(a) 
All affordable housing units to be provided in accordance with the growth share provisions of this section shall be subject to all provisions of this Alloway Township Development Regulations Ordinance as applicable.
(b) 
Units qualifying under the special provisions of COAH shall conform to N.J.A.C. 5:93-9 et seq., including uniform deed restrictions and lien documents. N.J.A.C. 5:93-9 et seq. is hereby adopted by reference herein, with all lawful amendments thereto to become effective upon passage.
F. 
Payment in lieu provisions.
(1) 
Any payment in lieu amount shall be derived from the analysis of the subsidy required to create an affordable housing unit in Alloway Township, which analysis shall be on file in the office of the Township Clerk of Alloway Township. The Township Committee shall annually request the Planning Board to undertake an analysis of housing costs in the community and make recommendations to the Township Committee on the amount of the subsidy required to create an affordable housing unit in Alloway Township and should be based on the requirements for affordable housing provision as required by the New Jersey Council on Affordable Housing. The Township Committee shall review the Planning Board recommendations and set the amount of the subsidy at its annual reorganization meeting by adopting a resolution setting forth the amount of the subsidy required to create an affordable housing unit in Alloway Township. The analysis of housing costs prepared by the Land Use Board shall be made available for review at the Township Municipal Building.
(2) 
All payments in lieu of constructing affordable housing shall be deposited by Alloway Township in conformance with regulations established by COAH and shall at all times be identifiable from development fees. These funds shall be used by Alloway Township in accordance with regulations established by COAH to create new affordable housing opportunities within the physical boundaries of Alloway Township.
(3) 
Any payment in lieu amount established for a particular development in accordance with the provisions of § 75-36.1 shall be paid to the Township of Alloway prior to the issuance of a zoning permit for the development creating the need to provide affordable units or at such other time or manner as agreed to by the developer and the Alloway Township Committee.