Article 600 Exceptions, Modifications, Conditional Uses and Planned Developments

The minimum lot size for an automobile repair garage shall be 1/2 acre, the minimum lot depth shall be 100 feet and the minimum lot frontage and width shall be 150 feet. The lot shall have frontage on and access to Old Hackettstown Road. Only one principal building shall be permitted on the lot, and no other principal uses shall be permitted in the building or on the lot.

The principal building minimum front and rear yard setbacks shall be 25 feet and the principal building minimum side yard setback shall be 20 feet. No parking or loading area shall be within 20 feet of any property line. Driveways shall be a minimum of 15 feet from all lot lines.

The maximum building coverage shall be 25% and the maximum lot coverage shall be 65%. Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area.

No automobile repair garages shall be located within 500 feet of another automobile repair garage or service station.

All appliances, pits, storage areas and trash facilities shall be within a building except as approved by the Board as part of a site plan application. All lubrication, painting, repair or similar activities shall be performed in a fully enclosed building and no motor vehicle parts or partially dismantled vehicles shall be displayed or stored outside of an enclosed building or a totally fenced and screened area in the rear yard area.

All parking shall be in the rear or side yard areas. All motor vehicles awaiting repair for more than a two-day period shall be parked within a building or a parking area screened by a solid fence or wall at least five feet in height.

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of an automobile repair garage. There shall be no outside display or storage of merchandise, supplies, product, equipment or similar material or objects unless specifically approved by the Board as part of a site plan application.

No automobile repair garage shall accumulate or store any used parts on any portion of the premises, unless within the permanently enclosed building. All drainage, refuse, grease drippings, oily rags or other greasy or oily waste material shall be kept enclosed in metal containers approved by fire underwriters for disposal and shall be maintained and disposed of in accordance with all local, county, state and federal rules and regulations.

Automobile repair garages shall provide at least six off-street parking spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area, or one marked parking space for every 1,000 square feet of lot area, whichever provides the greater number. No parking shall be permitted on unpaved areas.

Automobile repair garages are permitted one attached sign in accordance with the provisions for signs for professional offices, retail and service activities in the VN District. [See § 190-410G(2) for requirements.]

Any part of the site subject to access by motor vehicles shall be hard-surfaced with concrete or bituminous concrete or asphalt and shall be graded and drained to adequately dispose of all surface water accumulated. Whenever the site abuts the side or rear line of a residential district, a solid masonry wall or a solid fence not less than five feet high shall be erected along said side or rear lot line up to but not beyond the setback line. The materials and location of such wall or fence shall be subject to the approval of the Land Use Board, and said Board may also require buffers of foliage, screen fencing or other protective devices if necessary to protect surrounding properties from the effect of light or noise generated on the site.

All of the other area, yard and general requirements of the VN District and other applicable requirements of this chapter shall be met.

Cellular antennas for telephone, radio, paging and/or television communication.

Purpose. It is the purpose of these chapter provisions to provide specific zoning conditions and standards for the location and operation of cellular antennas for telephone, radio, paging and other personal communication services and/or television communication within the Township of Allamuchy. These chapter provisions acknowledge the need to safeguard the public good and preserve the intent and the purposes of the Allamuchy Township zone plan.

Objectives. The overall objective of these chapter provisions is to enable the location of necessary cellular antennas within Allamuchy Township in order to provide the fullest extent of cellular communication services while simultaneously limiting the number of supporting towers to the fewest possible. In acknowledgment that more than one service carrier may have the right to provide communication services utilizing cellular antennas within the Township of Allamuchy, it is an objective of these chapter provisions that as many of the different service carriers as possible co-locate their cellular antennas on the same tower in order to limit the total number of such towers within the Township of Allamuchy to the fewest possible. In addition, these chapter provisions seek to preserve the rural, agricultural character of the Township and to protect the Township's historical resources.

Overall comprehensive plan. In order to provide proper evidence that any proposed location of cellular antennas (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of towers within the Township of Allamuchy at the time full service is provided by the applicant throughout the Township, an overall "comprehensive plan" is required from the applicant. The comprehensive plan shall either be submitted with the conditional use application as a written report or provided by the applicant at his cost from transcripts of his verbal testimony addressing the comprehensive plan. Said comprehensive plan shall indicate how the applicant proposes to provide full service throughout the Township of Allamuchy and, to the greatest extent possible, said comprehensive plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of cellular communication services within the Township of Allamuchy. The comprehensive plan does not supplant or supersede any requirements for a site plan. Summarily, the comprehensive plan shall indicate the following:

Whether the applicant's subscribers can receive adequate service from cellular antennas located outside of the borders of the Township of Allamuchy;

How the proposed location of the proposed cellular antennas relates to the location of any existing towers within and/or near the Township of Allamuchy;

How the proposed location of the proposed cellular antennas relates to the anticipated need for additional cellular antennas and supporting towers within and/or near the Township of Allamuchy by both the applicant and by other providers of cellular communication services within the Township of Allamuchy;

How the proposed location of the cellular antennas relates to the objective of co-locating the cellular antennas of different service carriers on the same tower;

How the proposed location of the cellular antennas relates to the overall objective of providing full cellular communication services within the Township of Allamuchy while, at the same time, limiting the number of towers to the fewest possible;

Whether the proposed cellular antennas meet all technical emission standards set by the Federal Communications Commission and other applicable technical requirements of state and/or federal governmental agencies with appropriate jurisdiction;

Whether the proposed location of the proposed cellular antennas complies with the requirements of the National Environmental Policy Act;

Whether co-location of the proposed cellular antennas on another existing tower or structure is feasible; and

Whether the proposed cellular antennas can be located on municipally owned property.

Location priorities and area requirements. If according to the goals and objectives of the comprehensive plan cellular antennas are needed, said cellular antennas shall be located in accordance with the following prioritized locations:

The first priority shall be an existing tower or an existing or proposed water tower or standpipe within or near the Township of Allamuchy. If the proposed antennas will be attached to an existing tower or to an existing or proposed water tower or water standpipe, no land area shall be required in addition to the land area upon which the existing structure is situated.

The second priority location shall be on lands owned by the Township of Allamuchy within the PPE District. If the proposed antennas and supporting tower will be on lands within the PPE District owned by the Township of Allamuchy, the land area required shall be as approved by the Land Use Board in consideration of existing site conditions and surrounding land uses and shall be subject to a lease agreement between the applicant and the Township of Allamuchy.

The third priority location shall be on lands within the Township of Allamuchy zoned within the LM District. If the proposed antennas and proposed new supporting tower will be on lands within the Township of Allamuchy zoned LM, the land area required shall be as provided in § 190-601B(5)(a) hereinbelow.

Conditional use standards.

If the proposed antennas and proposed new supporting tower will be on lands within the Township of Allamuchy zoned RR, SFR or LM, the following minimum requirements shall be met:

The proposed antennas and proposed supporting tower and ancillary building enclosing related electronic equipment shall be located on a lot or a lease area at least one acre in area;

Building envelopes shall be selected which do not include the crests of hills; and

Excepting for any access driveway into the property, any required landscaping, and any underground utility lines reviewed and approved by the Land Use Board as part of the site plan submission, no building, structure and/or disturbance of land shall be permitted within a one-hundred-foot setback distance, or the height of the tower, whichever is greater, from any street line or any other existing or proposed property line.

In no case shall cellular antennas for telephone, radio, paging and/or television communication be located within a street right-of-way or within 100 feet thereof.

The applicant shall demonstrate that the total requested height of the proposed cellular antenna and any proposed new tower is the minimum height necessary for the proposed installation to satisfactorily operate.

Any proposed building enclosing related electronic equipment shall not be more than 15 feet in height nor more than 600 square feet in area, and only one such building shall be permitted on the lot for each provider of cellular communication services located on the site.

Any proposed new tower shall be a monopole unless the applicant can demonstrate, and the Land Use Board agrees, that a different type pole is necessary for the co-location of additional antennas on the tower.

No antenna shall be located on any tower in order to provide noncellular telephone service; such service shall be provided via existing telephone lines if available to the site, or by the underground extension of telephone lines to the site if necessary.

All proposed antennas, any proposed new tower and any proposed building enclosing related electronic equipment shall be colored to best blend with the surroundings, including any sight vistas.

No signs are permitted except those required by the Federal Communications Commission, the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) or by law, such as warning and equipment information signs.

No lighting is permitted except as follows, which shall be subject to review and approval by the Land Use Board as part of the site plan application:

The building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building; and

No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby minimize the need for vehicular trips to and from the site.

(k)

Minimal off-street parking shall be permitted as needed and as approved by the Land Use Board.

(l)

All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additionally, any tower supporting the cellular antennas and any building enclosing related electronic equipment shall be surrounded by a fence between six feet and eight feet high. The fence shall be bordered by a single row of evergreen conifers, at least eight feet tall at time of planting and planted four foot on center.

(m)

Additional safety devices shall be permitted as needed and as approved by the Land Use Board.

(n)

Between any existing or zoned residential property bordering the proposed lot and the location of any proposed new tower or any proposed building enclosing related electronic equipment, a landscaped buffer at least 20 feet deep shall be provided in accordance with the following:

The landscaped buffer shall consist of a combination of existing and/or newly planted evergreen and deciduous trees of sufficient density to screen the view of the tower and building from the surrounding residential properties to the maximum extent possible; and

Any newly planted evergreen trees shall be at least eight feet high at time of planting, and any newly planted deciduous trees shall be a minimum caliper of two inches at time of planting.

Restoration provisions.

The applicant shall provide a performance bond and/or other assurances satisfactory to the Land Use Board and in a form approved by the Township Attorney that will cause the antennas, the supporting tower, the ancillary building enclosing related electronic equipment and all other related improvements to the land to be removed, at no cost to the Township, when the antennas are no longer operative. The applicant and/or operator of the cellular antennas shall provide the Township with a notice or letter of intent to cease operations. The applicant shall be responsible for prompt demolition and removal of an unused tower.

Any communication facility not used for its intended and approved purpose for a period of six months shall be considered no longer operative and shall be removed by the applicant or its assigns within 60 days thereof.

Site plan submission and approval requirements.

Cellular antennas for telephone, radio, paging and/or television communication shall require major site plan review and approval in accordance with § 190-804 of this chapter; and

In addition to the applicable documentation and items of information required for major site plans in § 190-804B of this chapter and on the related checklist,[1] the following additional documentation and items of information specific to cellular antennas for telephone, radio, paging and/or television communication are required to be submitted to the Land Use Board for review and approval as part of the site plan submission:

Documentation by a qualified expert regarding the capacity of the proposed tower for the number and type of antennas;

Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future co-located antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) have been met;

A letter of intent by the applicant, in a form which is reviewed and approved by the Township Attorney, indicating that the applicant will share the use of any tower with other approved cellular communication services; and

A visual sight distance analysis, graphically simulating the appearance of any proposed tower and indicating its view from at least the five locations around and within one mile of the proposed tower where the tower will be most visible.

Editor's Note: The checklist for major site plans is included at the end of this chapter.

Other requirements. All other applicable requirements of this chapter not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances of such other applicable requirements of this chapter may be granted by the Land Use Board.

Corporate training centers or corporate conference centers.

The minimum lot size for a corporate training center or corporate conference center shall be 20 acres.

More than one principal building is permitted on the site, provided that the only principal use on the lot is the corporate training center or corporate conference center. A corporate training center or corporate conference center shall utilize any existing building(s) on the site which have significant historic or aesthetic value, as determined by the Board. All new buildings shall have a common architectural motif and shall complement any existing buildings which are to remain on the lot.

Any accommodations for sleeping and recreation shall be only for those employees and guests of the corporation who are attending training or conference sessions at the site and shall not be available to the general public. Any accommodations for sleeping and recreation shall not constitute more than 25% of the total square footage of all buildings on the lot. A residency limitation on all guest stays shall be 30 days.

Adequate off-street parking shall be provided and shall be based upon the maximum occupancy load of the principal building(s), except that buildings devoted to accommodations for sleeping and recreation and other such shared facilities shall be excluded.

A corporate training center or corporate conference center shall be permitted signage in accordance with the signage permitted for office research parks in § 190-413H of this chapter.

All of the other height, area, yard and general requirements of the OR District for individual lots not within an office research park and other applicable requirements of this chapter shall be met.

Neighborhood centers.

The minimum lot size for a neighborhood center shall be four acres in area, located at the intersection of a rural major collector road and a rural minor collector road, as classified in the traffic circulation plan element of the Township Master Plan.

The principal permitted uses in a neighborhood center shall be limited to the following activities:

Shops and stores for the retail sales of books and magazines, drugs, dry goods, flowers, gifts, notions and stationery.

Personal service shops dealing directly with customers, limited to beauty shops, barbershops, shoe repair, and clothes cleaning, pressing or repairing (not to include cleaning and dyeing plants). No dry cleaning activities shall occur on site.

Convenience stores and delicatessens, provided that no other activities are conducted as part of or in conjunction with the principal use. Convenience stores and delicatessens shall not include in any manner fast-food restaurants or restaurants.

The neighborhood center shall be designed and constructed in accordance with an overall integrated plan. All buildings on the site shall be compatibly designed in one architectural style or theme which shall be compatible with the surrounding residential character. All buildings shall not exceed one story in height and shall have a type of dual pitched roof. All building sides facing the street or residential uses or districts shall be suitably finished for aesthetic purposes.

No individual principal building shall exceed 10,000 square feet in gross floor area, and no individual use or activity shall occupy more than 5,000 square feet of gross floor area. More than one principal building and one principal use shall be permitted on site. All buildings shall be separated by a minimum of 20 feet, provided such separation is to be used solely for pedestrian circulation. All buildings shall be separated by a minimum of 50 feet where any part of such separation is to be used for parking or vehicular circulation. However, the separation requirements should not be construed to prohibit covered pedestrian walkways when the roof or covering of such walkway extends between the buildings.

A minimum seventy-five-foot principal building setback shall be required from any street line or any property line common with a residential district. The maximum floor area ratio shall be 0.10 and the maximum lot coverage shall be 55%.

Vehicular ingress and egress shall be provided from both the rural major collector road and the rural minor collector road except that the driveways, parking and on-site circulation shall be planned to prevent access between the rural major collector road and the rural minor collector road by way of the neighborhood center site. Moreover, an emergency access shall be provided from the adjacent fire station lot through the neighborhood center lot to provide emergency access directly to uses along the rural minor collector road.

A landscape buffer area in accordance with § 190-509I shall be provided along any lot line common with a residential use or district, which shall be at least 25 feet in width and planted with evergreens to adequately screen the activities on site. Additional landscaping shall be provided to screen any parking or loading area from public view and to break up the view of large parking areas and long building walls.

Neighborhood centers shall provide parking at a ratio of 4.5 spaces per 1,000 square feet of gross floor area or part thereof. At least the first 50 feet adjacent to any street line and 15 feet adjacent to any property line shall not be used for parking or loading and shall be planted and maintained in lawn area or ground cover and landscaped with evergreen shrubbery.

Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the property lines of the principal use.

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.

Each principal building shall provide for off-street loading and unloading with adequate ingress and egress from streets and with adequate space for maneuvering and shall provide such area at the side or rear of the building. Each space shall be at least 15 feet by 40 feet, and a minimum of one space shall be provided for each building. Additional spaces may be necessary and required, dependent upon the specific activity. There shall be no loading or unloading from the street.

There shall be at least one trash and garbage pickup location, including provision for recyclable materials collection, provided by each building, which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building, which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting, or combination of all three. If located within the building, the doorway may serve both the loading and trash/garbage functions, and if located outside the building, it may be located adjacent to or within the general loading area(s), provided the container in no way interferes with or restricts loading and unloading functions.

Each neighborhood center shall be served by public sewer and public water.

Each neighborhood center may have one major freestanding sign, not exceeding 5% of the front facade of the principal building or 50 square feet, whichever is smaller, and not exceeding six feet in height. Freestanding signs shall be set back at least 15 feet from all street rights-of-way and property lines. Where a principal use occupying at least 700 square feet of segregated area in a neighborhood center has direct access from the outside, a sign not exceeding eight square feet in area identifying the name of the activity shall also be permitted. Such additional sign(s) shall be either attached flat against the building at the entrance to the activity or suspended in perpendicular fashion from a roof over a common walkway. Suspended signs shall be no closer than 10 feet at their lowest point to the finished grade below.

All of the other height and other requirements of the SFR District and other applicable requirements of this chapter shall be met.

Public utility uses.

For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and other utilities serving the public, such as sewage treatment plants, but shall exclude dumps and sanitary landfills.

The proposed installation in a specific location must be necessary for the convenient and efficient operation of public utility uses involved and for the satisfactory provision of service by the utility to the neighborhood area in which the particular use is located. The application for conditional use and site plan approval shall include a statement setting forth the need and purpose of the installation.

The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding areas.

Adequate fences, screening devices and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.

The maximum building coverage shall be 25% and the maximum lot coverage shall be 50%. Landscaping, including shrubs, trees and lawns, shall be provided and maintained.

Whereas § 190-512A of this chapter requires any future installation of distribution supply lines and service connections for public utilities to be underground, except for conditions of hardship pursuant to § 190-512D, no building shall exceed the maximum permitted height of the respective zone, and no structure shall exceed 50 feet in height or 25% more than the maximum permitted height of the respective zone, whichever is less.

Off-street parking shall be provided as determined by the Land Use Board during site plan review.

Residential limited care facilities for the elderly.

The minimum tract size shall be 15 acres.

Only efficiency and one-bedroom apartments shall be permitted and the provisions within § 190-502, Apartments and townhouses, of this chapter regarding apartments shall be met.

The maximum number of apartment units permitted, including any apartments units used for members of the staff, shall not exceed a density of eight units per gross acre of land. Additionally, no critical acreage shall be developed except in accordance with § 190-606 of this chapter.

Nursing care shall be provided, and such care shall be only for the elderly residents on site and shall not include medical care facilities or physical therapy facilities.

Dining facilities and recreational facilities shall be provided, and such facilities shall be only for the elderly residents on site, their guests and the staff.

A residential limited care facility for the elderly shall be connected to an approved and functioning water and sanitary sewer system prior to the issuance of a certificate of occupancy.

All residential care facilities for the elderly shall be limited to direct vehicular access to County Route 517 and/or a nonlocal road intersecting directly with County Route 517. Moreover, the applicant shall be required to submit traffic impact data which clearly indicates that no significant negative traffic impact upon local residential streets and existing residential neighborhoods will result from the residential care facility and that the traffic impact emanating from the residential care facilities for the elderly will be significantly less than the potential traffic impact emanating from the commercial type uses otherwise permitted in the district.

If any parking area, road, building or structure is located within 200 feet of a common property line with a residential district, the minimum setback area shall include a planted buffer of 50 feet along said property line. (See § 190-509I for additional standards.)

The floor area ratio (F.A.R.) of all buildings shall not exceed 0.20 and the total lot coverage shall not exceed 50%.

No building shall exceed 35 feet and 2 1/2 stories in height.

A minimum of 3/4 parking space shall be provided for each apartment unit used by an elderly resident or household, and a minimum of two parking spaces shall be provided for each apartment unit used by a staff member. All additional net habitable floor area shall be provided parking at the ratio of one parking space per 1,000 square feet or fraction thereof.

A residential limited care facility for the elderly may have one ground-mounted sign along any nonlocal road which the tract abuts, provided there exists at least 200 feet of unbroken frontage. The sign shall not exceed six feet in height, shall be set back from the street right-of-way and driveways a minimum of 15 feet, shall be set back from any property line a minimum of 50 feet and shall not exceed an area of 25 square feet.

All of the other applicable provisions of the CC District and this chapter not contrary to the specific provisions herein shall apply.

In reviewing a proposal for a residential limited care facility for the elderly and in determining pertinent design elements for the development, the Board shall consider the following criteria:

The relationship of the proposed development with the existing and zoned for development in the vicinity of the tract.

The adequacy of the existing and proposed vegetation and landscaping to adequately mitigate against any adverse impact which might be caused by the proposed development upon any existing or zoned for residential dwelling and/or residential neighborhood.

The ability to efficiently and safely provide for the movement of the volume of traffic to be generated by the proposed development without adversely affecting existing residential neighborhoods.

Any additional public services that will be made necessary by the proposed development.

Restaurants.

Restaurants are permitted as conditional uses in the PO District, provided that the lot(s) has frontage and vehicular access on two nonlocal streets, and provided further that no drive-in facilities or delivery services are provided as part of the restaurant use. A bar within the restaurant shall be permitted, provided that the bar use is ancillary to the restaurant use and its patrons.

The minimum lot size shall be three acres, and the minimum lot frontage shall be 400 feet along each street. The maximum floor area ratio shall be 0.15, and the maximum lot coverage shall be 55%.

The following provisions shall apply to any new development. Where existing setbacks of structures previously approved by the Board prior to the adoption of this chapter do not conform to the following setback provisions, the previously approved setbacks shall apply, provided that they are not further reduced from that which was approved.

The principal building setback shall be at least 100 feet from any street rights-of-way or property lines.

At least the first 100 feet from any street rights-of-way and the first 50 feet from any property line shall not be used for parking, loading or other uses and shall be planted and maintained in lawn area or ground cover and landscaped with evergreen shrubbery and trees.

No principal building shall exceed 25 feet in height.

Restaurants and bars shall provide one parking space for every three seats.

All of the other area, yard, loading, sign and general requirements of the PO District and other applicable requirements of this chapter shall be met.

Satellite dish antennas.

The purposes of this section are to promote communication within the Township in a manner which will properly safeguard the public health, safety and welfare by permitting the use of satellite dish antennas as conditional uses in all zones, said antennas to be installed in an unobtrusive manner so as not to interfere with the intent and purpose of the zone plan. Applications for installation or construction of satellite dish antennas, except those that are ground-mounted in the rear yard area of a residential lot and located in conformity with the rear yard and side yard setback requirements for a principal permitted structure in the residential zoning district in which the lot is located, shall be subject to the minor site plan review provisions set forth in § 190-803 of this chapter. All applications shall be subject to conditional use review and any other applicable construction permit provisions set forth in § 190-1002D.

Installation or construction of satellite dish antennas shall be subject to the following minimum requirements:

A satellite dish antenna shall function only as a receiving station and not as a transmitting station, except that, subject to the following requirements, an antenna used by the amateur radio operator licensed by the Federal Communications Commission is permitted, and the antenna is permitted only at the authorized transmitting location.

A satellite dish antenna may not be placed on any lot which does not contain a permitted principal structure.

A satellite dish antenna shall be ground-mounted in the rear yard area of a lot and shall be located in conformity with the rear yard and side yard setback requirements for a permitted accessory structure in the zoning district in which the lot is located; except that, in cases where the applicant can demonstrate that locating the satellite dish antenna in the rear yard is impracticable or would prevent the otherwise proper functioning of the satellite dish antenna, the Board may approve an alternate location as listed hereinbelow in order of municipal preference, based upon the testimony offered by the applicant:

A satellite dish antenna may be ground-mounted in the side yard area of the lot and shall be located in conformity with the side yard setback requirements for permitted accessory structures and the front yard setback requirements for a permitted principal structure in the zoning district in which the lot is located; or

As a second preferred alternate, a satellite dish antenna may be roof-mounted, provided that the bottom of the satellite dish antenna shall not extend more than one foot above the roofline where mounted; is no larger than three feet in diameter; and is located toward the rear of the structure away from the street line.

A satellite dish antenna shall not exceed 12 feet in diameter and, unless impracticable, shall be of the aluminum mesh type.

No ground-mounted satellite dish antenna shall extend higher than 15 feet above ground level.

A ground-mounted satellite dish antenna shall be screened from adjacent properties to the extent possible and practical with nondeciduous plantings. To the greatest extent possible, all satellite dish antennas shall blend with the immediate surrounding area, including the color of the roof if roof-mounted.

No lot shall have more than one satellite dish antenna. Wires and cables running between the ground-mounted antenna and any structure shall be property installed underground in accordance with the Uniform Construction Code. Additionally, the installation of the satellite dish antenna shall meet all local, state and federal requirements, including those contained in the Uniform Construction Code.

Portable mounted satellite dish antennas are prohibited.

Satellite dish antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas and shall meet all state and federal requirements.

Nothing herein shall preclude public utility uses from maintaining or erecting satellite dish antennas on towers or facilities which have been approved by the appropriate local, county, state, or federal agency(ies) having authority thereof.

Service stations.

The minimum lot size for service stations in the CC District shall be one acre, and the minimum lot depth shall be 100 feet. The minimum lot frontage and width shall be 200 feet.

Service stations shall be permitted in the VN District as conditional uses, provided that the lot has frontage on and vehicular access to Old Hackettstown Road. Vehicular access may be required to a collector road in lieu of or in addition to Old Hackettstown Road where the Board determines that the traffic projections and proposed impact to the surrounding neighborhood warrant it. The minimum lot size for service stations in the VN District shall be 1/2 acre. The minimum lot depth and lot frontage shall be 100 feet and 150 feet, respectively, in the VN District.

Only one principal building shall be permitted on the lot, and no other principal uses shall be permitted in the building or on the lot.

The minimum front yard setback shall be 50 feet for any building or gasoline pumps, air pumps or pump islands, the minimum side yard setback shall be 25 feet for any building, and the minimum rear yard setback shall be 30 feet for any building. A minimum fifteen-foot-wide planted buffer within the required setback area shall be provided between any structure on a lot utilized for a service station and any residential use or district.

No service station shall be located within 400 feet of any firehouse, school, playground, church, hospital, theater, public building or institution. No service station shall be located within 800 feet of any other service station.

All appliances, lifts, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building except as approved by the Board as part of a site plan application. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no motor vehicle parts or partially dismantled vehicles shall be displayed or stored outside of an enclosed building.

No junked motor vehicle or part thereof shall be permitted on the premises of any service station. Moreover, no more than three motor vehicles per bay may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed 15 days, providing that the owners of said vehicles are awaiting their repair. Where more than six such vehicles are to be located on the premises, a screened area to the side or rear of the service station shall be provided.

The maximum building coverage shall be 15%, and the maximum lot coverage shall be 65%. Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area.

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station. There shall be no outside display or storage of merchandise, supplies, product, equipment or similar material or objects unless specifically approved by the Board as part of a site plan application. Any accessory goods or supplies for sale shall be contained within a permanent rack, case, cabinet or enclosure of metal or other fireproof material and located on the pump islands, if approved by the Board, or else they shall be located within the principal building.

No gasoline service station shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless within the permanently enclosed building. All drainage, refuse, grease drippings, oily rags or other greasy or oily waste material shall be kept enclosed in metal containers approved by fire underwriters for disposal and shall be maintained and disposed of in accordance with all local, county, state and federal rules and regulations.

All fuel tanks shall be installed underground and shall be located at least 35 feet from any property line. Gasoline filling pump islands and air pump islands shall be a minimum of 20 feet apart. A minimum space of 25 feet shall be provided between any pump island and the principal building.

Service stations shall provide at least six off-street parking spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area, or one marked parking space for every 1,000 square feet of lot area, whichever provides the greater number, except that no more than 20 parking spaces shall be provided for any service station use. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas.

No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved area nor within 15 feet of any property line. At least the first 30 feet adjacent to any street line shall not be used for parking, loading or any other activity and shall be planted and maintained in lawn area or ground cover and landscaped with evergreen shrubbery. Driveways shall be a minimum of 15 feet from all lot lines and 35 feet from street intersections and other driveways on the same lot.

Service stations shall provide one public rest room facility for male use and one public rest room facility for female use.

Canopies over the pump islands and associated aisles may be permitted for service stations in the CC District only, provided that they shall be set back at least 35 feet from the street line and shall not exceed 16 feet in height.

Food marts, where the sale of food items requires additional floor area above and beyond that which is customarily necessary for a service station, shall be considered "convenience stores" and are not permitted as part of a service station.

Signs.

Service stations may be permitted one freestanding sign and either one sign attached flat against the building or signage attached on no more than two sides of a canopy, where permitted. The freestanding sign shall adhere to the sign provisions of the respective zones. The attached sign(s) shall not exceed 30 square feet in total area.

Directional signs or lettering displayed on the building wall of a vehicle service station over individual entrance doors or bays, consisting only of the words "washing," "lubrication," "repair," "mechanic on duty," or other words closely similar in import shall be permitted, provided there shall not be more than one sign over each entrance or bay and the letters thereof shall not exceed 12 inches in height.

Customary lettering or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of the gasoline sold, lead warning sign, a price indicator and any other sign required by law shall be permitted, not exceeding a total of three square feet on each pump.

Any part of the site subject to access by motor vehicles shall be hard-surfaced with concrete or bituminous concrete or asphalt and shall be graded and drained to adequately dispose of all surface water accumulated. Whenever the site abuts the side or rear line of a residential district, a solid masonry wall or a solid fence not less than four feet high shall be erected along said side or rear lot line up to but not beyond the setback line. The materials and location of such wall or fence shall be subject to the approval of the Land Use Board, and said Board may also require buffers of foliage, screen fencing or other protective devices if necessary to protect surrounding properties from the effect of light or noise generated on the site.

(19)

In addition to the general site plan requirements, scaled maps accompanying the application for any service station shall clearly delineate the actual floor space and/or ground area to be devoted to or used for the purpose of motor vehicle storage and the location of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building, existing service station or public garage or any other public or other building in which the public gathers within 1,000 feet of the proposed building or use. The site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below ground, the number and location of pumps to be installed and the type and location of all principal and accessory structures to be constructed.

(20)

All of the other area, yard and general requirements of the respective zones and other applicable requirements of this chapter shall be met.

Assisted living/nursing care facilities.

The minimum lot size for an assisted living/nursing care facility shall be 20 acres in area. The minimum lot frontage shall be 800 feet, which frontage shall be on a rural major collector or rural minor arterial road.

The facility may be an assisted living facility or a nursing care facility in its entirety or may be a combination of both types of facilities.

The assisted living/nursing care facility shall utilize existing buildings on the lot which have significant historic or aesthetic value, as determined by the Land Use Board. Any new buildings or expansion of existing buildings shall blend with the existing architecture and be compatible in design, building materials, color and scale.

Public sewer is required for any assisted living/nursing care facility. Any expansion of an existing assisted living/nursing care facility also shall require that the facility is served by public water.

The maximum density of the assisted living/nursing care facility shall be based upon eight apartment dwelling units per gross acre of land devoted to the assisted living portion of the facility plus 12 beds per gross acre of land devoted to the nursing care portion of the facility, provided that no more than 240 dwelling units and/or beds shall result.

All units in an assisted living/nursing care facility shall be internally connected to the dining room(s), medical care facilities and any other common areas provided for the residents of the facility and their guests.

Assisted living units each shall contain at least 350 square feet of net habitable floor area and shall include a private clothes closet within the unit.

Additional storage area shall be provided, either within the unit or within the building, and made available to every resident of an assisted living/nursing care facility.

For any assisted living/nursing care facility which provides for the care of residents with moderate to severe dementia, a separate and secure area shall be provided for the residents' lodging, board and nursing care.

No building shall be located closer than 200 feet to any public street and no closer than 75 feet to any lot line. No parking, loading, driveway or other structures, except for approved entrance drive(s), shall be located closer than 50 feet to any public street or lot line.

The aggregate of all buildings shall cover no more than 25% of the site, and the aggregate lot coverage, including all detention/retention basins, shall cover no more than 45% of the site.

The total number of required off-street parking spaces shall be based upon 1/3 off-drive space per each assisted living unit and each nursing care unit plus one off-drive space per maximum number of employees on site at any time.

No new or expanded building shall exceed three stories or 35 feet in height, except that the following appurtenances may be erected not more than five feet above the actual height of a building:

Penthouses or other roof structures for the housing of stairways, tanks, bulkheads ventilating fans, air-conditioning equipment and similar equipment required to operate and maintain the building;

Skylights, spires, cupolas, flagpoles, chimneys and similar structures associated with the building; and

The parapets used to screen the roof-mounted structures and equipment.

For any new or expanded buildings, all roofs shall have a pitched single-ridge or gable design, and any three-story building shall have the third floor designed with dormers so that the building appears, to the greatest extent practicable, to have 2 1/2 stories.

No medical services shall be provided from the site to any individual not residing within the assisted living/nursing care facility, except as otherwise may specifically be approved by the Land Use Board. An adult day-care program may be provided on site to persons 62 years and older not residing within the assisted living/nursing care facility.

At least 6% of the gross square footage of all buildings comprising the assisted living/nursing care facility shall be devoted to common facilities, services and activities for the residents, including dining rooms, medical care facilities, personal and professional services such as banking and hairdressing, and communal recreational, social, religious and cultural activities. Private or semiprivate visiting areas shall be provided outside the residential bedroom or dwelling unit. Outside recreational facilities shall include, but not be limited to, sitting areas and an integrated pathway network.

Lighting shall be minimal for safety and security purposes in accordance with the provisions of § 190-507B of the chapter.

Each assisted living/nursing care facility shall be permitted one freestanding (ground-mounted) sign no larger that 40 square feet in area identifying the name of the development.

The permitted freestanding sign shall not exceed six feet in height and shall be set back at least 15 feet from all property and street lines.

The freestanding sign may be lighted, provided the lighting is exterior to the sign and is located at the top of the sign focused downward onto the sign.

Additional signage within the interior of the site may be approved by the Land Use Board for directional purposes or other good cause shown by the applicant as part of the site plan approval.

At least one off-street loading and unloading space shall be provided, with adequate space for maneuvering. Each space shall be at least 15 feet by 40 feet and shall be provided at the side or rear of a building and adequately screened from view.

Since an assisted living/nursing care facility within Allamuchy Township may have an impact on the municipal and public services, a community impact statement is required as part of the conditional use application to indicate the probable impact on municipal and other public services, including, but not limited to, police, fire and emergency medical services and municipal utilities. The community impact statement shall include an estimate of the probable number of annual emergency service calls, based upon the experience of similar facilities, and a description of the fiscal costs and benefits of the proposed development.

Where the assisted living/nursing care facility is to be owned and operated by a for-profit entity, the following is required:

An annual monetary contribution shall be made to the Township for the use of the emergency medical and fire services which are deemed by the emergency services and the Township to be in excess of what a typical residential development of the same density would otherwise require.

The property deed shall include a restriction requiring the owner of the assisted living/nursing care facility to return to the Township for conditional use approval if the facility converts to a not-for-profit operation. A notice of this requirement shall be recorded in the deed for potential future owners of the assisted living/nursing care facility.

The facility shall provide its own security services on site.

Where the assisted living/nursing care facility is to be owned and operated by a not-for-profit entity, the following is required:

The facility shall provide and operate its own emergency medical and ambulance service and its own security services on site; or

The owner shall provide to the Township an annual payment in lieu thereof equal to: a) in the first year, the estimated fiscal impact on the emergency medical, fire and police services; and b) thereafter, the prior year's fiscal impact on the emergency medical, fire and police services.

If the terms of this subsection are not met, the Township Zoning Officer shall issue a violation notice to the owners and pursue the violation in accordance with § 190-1002C of the chapter.

All other applicable provisions of this chapter not in conflict with the provisions stated hereinabove shall apply to an assisted living/nursing care facility.

Age-restricted residential developments.

Purpose. The purpose of the age-restricted residential development is to provide housing for senior citizens and to reuse and renovate significant historic buildings existing in the Township of Allamuchy.

Principal permitted uses on the land and in buildings.

Apartment dwelling units, age-restricted in accordance with the age restriction requirements and limitations set forth in § 190-601K(5) below.

Conservation areas, open spaces and common property.

Accessory uses permitted.

Common recreational facilities, recreation centers and/or clubhouses as specifically approved by the Board within specified open space areas in order to satisfy the needs of the residential population within the subject portion of the development.

Landscaping features, including benches, trellises, gazebos and other such features customarily associated with residential uses, as the case may be.

Fences, walls and retaining walls in accordance with §§ 190-505 and 190-518 of the chapter, only if specifically approved by the Board as part of the site plan approval.

Off-street parking and private garages in accordance with § 190-601K(9) hereinbelow, and those design provisions specified in § 190-510 of the chapter not conflicting with the provisions of § 190-601K(9).

Security guardhouses and/or entry gates.

Signs in accordance with § 190-601K(10) hereinbelow, and those design provisions specified in § 190-514 of the chapter not conflicting with the provisions of § 190-601K(10).

Sanitary sewer pumping stations, if required.

Density and number of dwelling units. The tract of land shall be developed at an overall tract density not exceeding 7.2 dwelling units per gross acre, rounded to the nearest whole number, provided that no more than 230 units shall be provided as part of an age-restricted residential development.

Age restrictions.

All dwelling units within an age-restricted residential development shall be deed-restricted for occupancy by households with at least one person 55 years of age or older and with no person less than 19 years of age, provided that visitors less than 19 years of age are permitted for no more than eight weeks during any twelve-month time period.

The wording of the required deed restriction shall be submitted by the applicant to the Board for review as part of the application for final site plan or subdivision approval, and the wording shall be reviewed, modified as necessary, and finally approved by the Township Council and incorporated within a developer's agreement between the developer and the Township Council as a condition of any final approval granted by the Board for an age-restricted housing development.

The wording of the required deed restriction as finally approved by the Township Council shall be recited in the master deed and the homeowners' association bylaws, which also shall be reviewed and approved by the Township Council and Board as a condition of any final approval granted by the Board for an age-restricted housing development.

Building height and design requirements.

No building containing age-restricted apartment dwelling units shall exceed 45 feet in height and 3 1/2 stories; except that, if parking is provided within at least 50% of the ground level under the floors of apartment units and the building is set back further from the Route 517 right-of-way than any historic building on site, the building can be up to 55 feet in height and 4 1/2 stories.

Any historic (over 50 years in age) building on site shall be retained, renovated and used for permitted principal and/or accessory uses, such as apartment dwelling units and/or common recreational facilities; shall be integrated into the design of the development as a focal point; and shall not be expanded in height. All buildings located between Route 517 and any existing historic building on the site shall not exceed the height of the historic building when viewed from Route 517.

No new accessory building, as may be approved by the Board, shall exceed 15 feet in height and 1 1/2 stories.

More than one apartment building shall be permitted, provided that no more than eight new apartment buildings shall be constructed.

All new buildings within an age-restricted residential development shall be totally covered by a true and complete gable, hip, gambrel or mansard roof and shall complement and be compatible with any historic buildings on site.

All portions of all apartment buildings shall be provided smoke alarms and, except for any outside balconies and attics, all interior areas of all buildings shall have a "wet" fire-suppression sprinkler system.

All new buildings containing residential units shall be constructed with elevators.

Yard, distance and coverage requirements.

All buildings shall be set back at least 270 feet from Route 517 and at least 50 feet from all other tract boundary lines.

Minimum distance between apartment buildings shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum separation between the buildings shall be the sum of the two abutting distances, and each building shall have one front, one rear and two sides.

The minimum distances shall be 25 feet for the front of a building on an internal street, driveway or parking loop and 10 feet for the front of a building on a parking area; 15 feet for the side of a building; and 25 feet for the rear of a building.

No portion of any building shall be closer to any portion of any other building than the combined distances of the abutting requirements for each building, providing that the corner of a building offset more than a twenty-degree angle from a line drawn parallel to another building shall be considered a side of the building.

No apartment buildings shall be interconnected by a street or service drive which is located under the buildings and/or through parking garages.

The maximum total building coverage shall be 17%, and the maximum lot coverage shall be 30%.

General requirements.

No development or improvements, except an approved access drive, fence, wall, entry gate, guardhouse, plantings or sign, shall be permitted within 270 feet of the Route 517 right-of-way, and said area shall be deed-restricted as a buffer area in order to maintain the existing scenic vista. A buffer area of 50 feet in width shall also be provided along any tract boundary line common with the Interstate 80 right-of-way.

Any existing mature trees within the buffer areas shall be preserved to the greatest extent possible and shall be supplemented with the planting of a buffer screening, which shall be at least 25 feet in width, consisting of densely planted evergreen trees at least six feet high at the time of planting, deciduous trees, and a mixture of evergreen and deciduous shrubbery. The buffer screening within the Route 517 buffer area shall be planted away from Route 517 to maintain the scenic vista along the road and to supplement the existing tree rows to be preserved.

Where environmental conditions permit, earthen berms at least four feet high shall be provided, if deemed appropriate by the Board. (See § 190-509I for additional standards.)

Any age-restricted residential development shall strive to maintain the existing topographic contours and vegetation on site to the greatest extent possible. All disturbed portions of the tract not utilized by buildings or paved surfaces shall be landscaped in accordance with § 190-509, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.

An age-restricted residential development shall be conceived, designed, and approved as a single entity which shall be planned and developed with a common architectural theme subject to review and approval by the Board; the architectural theme shall include the appearance of buildings, signage, fencing, lighting, paving, curbing, walkways and landscaping.

All residential dwelling units in an age-restricted residential development shall be connected to an approved public water and sanitary sewer system.

A single-entrance access drive from Route 517 shall be permitted and shall be designed as a boulevard access road with a landscaped median strip separating egress and ingress lanes. A looped road or cul-de-sac shall be provided within the interior of the site to comply with the RSIS.

The design of the age-restricted residential development shall be pedestrian-friendly, with traffic-calming techniques utilized at crosswalks and intersections. Sidewalks shall be provided on both sides of any internal streets and off-street parking areas, except where the Board determines that sidewalks are not required to facilitate pedestrian movement on site.

Adequate trash and garbage pickup stations, including provisions for recyclable materials collection in accordance with § 190-502, shall be provided within a totally enclosed container located in a manner to be obscured from view from parking areas, streets and residential units by a fence, wall, planting, or combination of the three. Such stations shall be located a minimum of 30 feet from residential buildings, unless they are provided within the building in a location approved by the Board.

No "critical" lands shall be developed except in accordance with § 190-606 of this chapter.

The apartments shall comply with the provisions of § 190-502, and all other provisions of the Land Development Ordinance of the Township of Allamuchy not in conflict with the provisions specified herein for the age-restricted residential development shall apply.

Parking requirements.

Apartments shall be provided 1.8 off-street spaces for each one-bedroom unit and two spaces for each two-bedroom unit, in accordance with the requirements of the mandated Residential Site Improvement Standards.

Any recreation center or clubhouse shall be provided a minimum of 0.10 off-street parking space per dwelling unit, which parking shall serve the recreation center or clubhouse and accommodate visitors to the residents within the apartments.

All off-street parking spaces shall be located within 150 feet of the nearest building entrance for the apartment units which the spaces are intended to serve.

No off-street parking area shall be located within 50 feet of any tract boundary.

The parking or storing of any recreational vehicle, such as travel trailers, campers, motor homes, horse trailers, boat trailers, ATV and motorcycle trailers, and any commercial vehicle owned or used by a resident shall be prohibited on site.

Signage.

An age-restricted residential development may have one freestanding sign not exceeding five feet in height at each major entrance to the tract, set back from all street rights-of-way, driveways and lot lines at least 15 feet, and not exceeding an area of 30 square feet. The sign shall be used to display the development's name.

Additionally, information and directional signs, each not more than three feet in height and 10 square feet in area, shall be permitted, where appropriate and as approved by the Board, in order to guide traffic to its intended destination in a safe and convenient manner.

Open space and recreation requirements.

Land equal to a minimum of 70% of the tract of land proposed for an age-restricted housing development shall be specifically set aside for conservation, recreation and/or other open space.

Any land proposed and approved by the Board as open space shall be left in its current condition and/or improved to best suit the purpose(s) for which the particular open space is intended.

Adequate active recreational facilities within the specified open space shall be provided in order to satisfy the needs of the anticipated residential population of the development. All recreational facilities shall adhere to the standards set forth in the Barrier-Free Subcode of the Uniform Construction Code of the State of New Jersey and all other applicable codes and standards.

The following listing of recreational facilities are recommended as guidelines for the applicant and Board in their evaluation of the adequacy of proposed recreational facilities within an age-restricted residential development, although alternative recreational facilities may be proposed by the applicant and approved by the Board:

One swimming pool, which shall have a minimum water surface of 1,800 square feet and a deck/patio equal to an area equivalent to 150% of the water surface area.

One clubhouse/recreation building at least 5,000 gross square feet in area.

At lease five courts, either bocce, tennis, horseshoe and/or shuffleboard courts.

An outside sitting/gathering area and/or picnic area.

A continuous pedestrian walkway system, including jogging and bicycle paths, throughout the open space lands.

[6]

A dock and boating facility, where surface water bodies allow for such facilities.

Maintenance and general office uses.

[Added 8-18-2009 by Ord. No. 2009-14]

The purpose of this subsection is to permit within the MR Zoning District those uses and structures that are vital to the maintenance and general operation of a planned development, and such uses and structures shall only be used for, in furtherance of, and in connection with the planned development.

The permitted uses and structures shall be located within the MR Zoning District on common property owned by a condominium, cooperative or homeowners' association lawfully registered in the State of New Jersey with the Department of Community Affairs. The common property may contain more than one use or structure, provided that there is at least a one-hundred-foot separation between any permitted maintenance use or structure and any recreational use or structure.

The location of all permitted uses and structures shall be necessary for the convenient and efficient operation of the condominium, cooperative or homeowners' association. Any application for conditional use approval shall include a statement setting forth the need and purpose of the proposed uses and improvements.

The permitted uses include, but are not limited to, maintenance buildings, storage buildings and garages; general offices; meeting rooms, conference facilities and clubhouses, including kitchens, all serving the sole needs of the homeowners' association; outside storage where permitted by the Board and pursuant to § 190-601L(10) below; and/or all accessory structures permitted in the MR District, provided they are ancillary to the principal permitted uses.

A minimum lot area of two acres is required.

For any new buildings, the following setbacks shall apply:

Front yard: 50 feet.

Side yard: 30 feet.

Rear yard: 50 feet.

Except that the side yard setback shall be 100 feet from any residential building.

No individual building shall exceed 7,500 square feet of gross floor area.

The permitted uses and improvements shall be located on lands abutting Bald Eagle Road; no new improvements shall be located further away from Bald Eagle Road than 300 feet unless previously approved by the Board.

No structure or building shall be rented out or provided to any party or homeowner for a private function, except that municipally sponsored events may be permitted if so approved by the homeowners' association.

No products, equipment, maintenance trucks or similar material and objects shall be stored outside, unless specifically permitted by the Board, and provided the following:

Such outside storage areas are paved and entirely fenced and screened from view by a solid fence six feet in height and landscaping.

No such storage areas shall be located within 30 feet of any street line, within 15 feet of any property line, or within 50 feet of any property line common with a residential use.

Section 190-601L(14)(c) below shall be met.

No sand, salt, de-icing or other such material shall be permitted to be stored on site, either outside or in buildings, except as otherwise specifically permitted by the Board during site plan review.

Other loose materials that are permitted by the Board to be stored outside shall be contained in bins or other structures to prevent erosion or spillage.

No oil or gasoline tanks are permitted on site. Moreover, there shall be no maintenance, oil changes, repair or washing of vehicles or other similar activities on site.

There shall be at least one trash and garbage pickup location, including provisions for recyclable materials.

The location shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building, which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses by a solid fence, wall, plantings, or combination of all three.

All refuse enclosures or containers shall be leakproof and shall conform to the applicable stormwater management regulations of the state and Township.

All portions of a lot not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs and trees and shall be maintained in good condition.

Within the required side and rear yard setback areas along any property line common with a residential use, no parking area, loading area, driveway or other structure, except fencing integrated with the landscaping plan and as approved by the Board, shall be permitted, and a minimum buffer screening shall be required within the setback area in accordance with the following:

The buffer screening shall be at least 15 feet in width.

The buffer screening shall consist of densely planted evergreen trees at least six feet high at time of planting and spaced no more than 10 feet apart on-center, unless the Board finds that the existing vegetation adequately buffers the uses.

The buffer screening shall adequately screen views into the maintenance yard(s) from windows and yard areas of any residential building(s), and the applicant shall submit a visual sight distance analysis, including, but not limited to, photographic or other graphic simulations demonstrating the adequacy of the screening at maturity from the residential sight-line views into the maintenance yard(s).

No new parking area, loading area, driveway or other structure (except for approved accessways, walkways, fencing and retaining walls) shall be permitted within the first 25 feet adjacent to any street line nor within the first six feet adjacent to any property line, and such areas shall be planted and maintained in lawn area or ground cover and shall be landscaped with trees and shrubbery as approved by the Board.

Offices, meeting rooms, conference facilities and clubhouses shall provide one parking space per every 250 square feet of gross floor area, provided that adequate off-street parking is provided to accommodate all activities, as determined by the Board, and taking into consideration for the maintenance facility the anticipated number of employees, the number of vehicles to be stored on site, and the nature and extent of the uses.

All site lighting shall be turned off within 1/2 hour after the close of the last event or business on the property, except for security lighting as identified on a site plan and approved by the Board.

All other applicable provisions of this chapter shall apply.

§ 190-602 Planned developments.

Types and locations.

Planned developments.

Small lot single-family clusters are permitted on tracts of land at least 30 acres in area where specifically indicated on the Zoning Map in the SFR District area.

Townhouse clusters are permitted on tracts of land at least 365 acres in area where specifically indicated on the Zoning Map in the SFR District area.

[Amended 12-21-2010 by Ord. No. 2010-14]

Residential density transfer zoning is permitted on tracts of land in the RR District area, provided each planned development includes two tracts of land, each at least 50 acres in area.

Single-family conservation clusters are permitted on tracts of land at least 100 acres in size in the RR District area where individual lots are to be served by on-site septic systems and on tracts of land at least 25 acres in size in the SFR District area where all individual lots are to be served by public sewerage facilities.

Age-restricted residential clusters are permitted on tracts of land at least 45 acres in size in the SFR District area where individual lots are to be served by public water and public sewerage facilities.

Lot averaging. Lot averaging is permitted in the SFR District area on tracts of land at least 25 acres in contiguous area. The lots may be served by either individual on-site septic systems or by public sewerage treatment facilities.

Small lot single-family clusters.

Principal permitted uses on the land and in buildings.

Detached single-family dwelling units, provided the units are served by an existing public wastewater treatment plan.

Playgrounds, conservation areas, parks and public purpose uses.

Accessory uses permitted.

Private residential swimming pools, limited to whirlpools and hot tubs and their appurtenant structures, provided that they are no larger in aggregate area than 120 square feet, and provided further that the whirlpool or hot tub is located no closer than 15 feet to any lot line. (See § 190-516.)

Recreational facilities and landscaping features, such as trellises and gazebos, customarily associated with detached single-family dwelling units.

Off-street parking and private garages. [See §§ 190-203, 190-602B(7) hereinbelow and 190-510.]

Fences and walls. (See § 190-505.)

Signs. [See §§ 190-602B(8) hereinbelow and 190-514.]

Home occupations accessory to detached single-family dwellings. (See § 190-603 for requirements.)

Maximum heights.

Principal buildings. No principal building shall exceed 35 feet in height, as defined in § 190-203, provided that the building height along any one side of the building shall not exceed 40 feet in height.

Accessory buildings and structures. No accessory building or structure shall exceed 15 feet in height, unless a lesser height is specified in this chapter for a particular accessory building or structure.

Maximum number of dwelling units permitted. The maximum number of dwelling units permitted within a small lot single-family cluster shall be computed on the basis of one dwelling unit per gross acre of land.

Area and yard requirements for the small lot single-family cluster.

		Single-Family Detached Dwellings
	Lot area^{1, 2}
	Minimum (square feet)	7,500
	Maximum (square feet)	11,000³
	Average⁴ (square feet)	9,000
	Principal Building Minimum
	Lot frontage (feet)	75
	Lot width (feet)	75
	Lot depth (feet)	85
	Side yard (feet)	10, one; 25, both⁵
	Front yard (feet)	25
	Rear yard (feet)	20⁶
	Accessory Structure Minimum
	Distance to side line (feet)	10
	Distance to rear line (feet)	10
	Distance to principal or accessory building (feet)	10
	Maximums⁸
	Building coverage of principal building	18%⁷
	Lot coverage	28%⁷

NOTES:
¹	No residential lot within any small lot single-family cluster development shall have driveway access to any road other than a local road. No residential lot within any small lot single-family cluster development shall abut an arterial or a rural major collector road, even without a driveway access, and a planted and bermed buffer a minimum of 50 feet in width shall be provided. The planted and bermed buffer shall be part of the common open space area.
	No residential lot within any small lot single-family cluster development shall abut a rural minor collector road, even without driveway access, and a planted, and bermed where feasible, buffer a minimum of 20 feet in width shall be provided. The buffer shall be part of the common open space area, except that up to 10 feet of the required buffer width may be within the rear yard area of a residential lot(s), provided that: (1) the buffer area on any residential lot shall be restricted by a conservation easement granted to the homeowners' association; and (2) additional evergreen trees and shrubbery shall be planted, in addition to the landscape requirements of § 190-509I, to provide a solid screen from the rural minor collector street. All buffers shall adhere to the provisions for "landscaping on open space lands" in § 190-509L of this chapter.
²	No more than 25% of any residential lot area shall contain one-hundred-year floodplain, wetland or wetland transition area acreage. No one-hundred-year floodplain, wetland, wetland transition area or steep slopes greater than 30% in grade shall be developed, except in accordance with § 190-606, and except further:
	(a)	As may be approved by the Board in order for the developer to provide necessary infrastructural improvements and where it is determined by the Board that soil erosion, land disturbance and other environmental concerns have been adequately addressed by the developer; and/or
	(b)	That an isolated area(s) of steep slopes greater than 30% in grade may be disturbed on a residential lot for good cause shown by the developer, and as approved by the Board, provided that no more than an aggregate area equal to 10% of the residential lot area may be so disturbed.
³	To provide greater design flexibility, a residential lot may exceed the permitted maximum lot area, provided that: (1) the lot shall not exceed 15,000 square feet in area; (2) the lot shall be credited for only 11,000 square feet in the computation of the "average" lot size; and (3) the maximum building coverage and lot coverage for the lot shall be calculated as though the lot were 11,000 square feet in area and shall be so restricted in the individual lot deed.
⁴	"Average" to include residential lots only. Moreover, in an effort to increase design flexibility, the average size of all residential lots within any small lot single-family cluster shall not be more than 5% larger or smaller than the "average" lot size specified in the table.
⁵	Provided that the minimum distance between any principal buildings shall be 25 feet.
⁶	Decks off the first floor only may extend into the minimum required yard area, subject to specific approval by the Board of specific submitted designs, provided that: (1) the extensions will only be allowed where the subject area abuts major open space areas at least 100 feet in width along the entire length of the subject lot line; and (2) such decks are located in rear yard areas only, are set back a minimum of 10 feet from all property lines, and do not occupy more than 25% of any particular rear yard area within which a deck is located.
⁷	Except that approved lots less than 8,500 square feet in area shall be permitted a maximum principal building coverage of 20% and a maximum lot coverage of 30%.
⁸	The small lot single-family cluster is an optional development alternative to the underlying zoning district for specifically identified areas within the sewer service area of the Township. Such option provides the opportunity to develop relatively small single-family residential lots while preserving open space lands. A typical plan for the required minimum, maximum and average lot sizes shall be provided to the Land Use Board, indicating the maximum building coverage of the principal building and the maximum lot coverage to be constructed on the lots prior to initial sale to a homeowner. Additionally, the applicant shall submit prototypical architectural plans for the houses to be constructed on the required minimum, maximum and average lot sizes, indicating the scale and mass of the homes to be constructed, the relationship between first floor and second floor elevations, and the typical type and extent of landscaping to be provided at time of sale. In determining whether to approve such plan, the Land Use Board may consider future uses which would require variances for usual and customary accessory residential uses.

General requirements. Without limitation to other ordinance requirements, to other requirements of law or to any conditions imposed by the Land Use Board as part of subdivision approval, the following requirements shall apply:

A small lot single-family cluster development shall be conceived, designed and approved as a single entity. The entirety of a small lot single-family cluster development shall be planned and developed with a common architectural theme, which shall be subject to review and approval by the Land Use Board; the architectural theme shall include the appearance of buildings, signs, fencing, lighting, paving, curbing, and landscaping.

All detached single-family dwelling units shall be connected to approved functioning water and sanitary sewer systems. All utilities shall be stored underground. Additionally, the developer shall install roads, driveways, guest parking facilities, streetlights, fire hydrants, landscaping and recreation facilities and other site improvements such as drainage facilities, as appropriate, and in accordance with the provisions herein and the design standards in Article 500 of this chapter.

The distribution and location of the single-family lots within the tract shall be subject to review and approval by the Board, with consideration given to the preservation of the environmentally sensitive areas, the ability to provide an appropriate internal traffic circulation network, the location and distribution of the various sizes of residential lots on lands most appropriate for their development, the location and ownership of the open space within the development, and the overall visual aesthetics afforded by the proposed development.

The proposed residential development shall be designed in a manner which addresses its relationship with and its compatibility with the existing development in the vicinity of the tract.

Preliminary major subdivision approval can only be granted by the Land Use Board to the entirety of the small lot single-family cluster. However, final major subdivision approval may be granted by the Land Use Board on a stage-by-stage basis. When such cluster is intended to be developed in a number of developmental stages, the applicant shall submit a staging plan for review and approval by the Land Use Board. The staging plan shall identify the land area of the planned development to be developed in each stage, and the sequence of each stage must be specifically related to all components of the development, including, but not limited to, traffic circulation, surface water management, sewage treatment and potable water facilities, off-tract improvements, and required buffers, in order to ensure that the staging plan is workable and that the interests of the public are protected.

All disturbed portions of the tract not utilized by buildings or paved surfaces shall be landscaped in accordance with the design standards set forth in § 190-509L of this chapter. The proposed landscape plan shall be submitted with the subdivision application for review and approval by the Board.

See § 190-502M for design standards for decks off townhouse dwelling units, which also shall apply to decks off detached single-family dwellings within the small lot single-family cluster.

All exposed building foundation walls along the front or rear of a dwelling unit higher than three feet from grade shall be sided and finished in the same manner as the building. Exposed building foundation walls along the sides of a dwelling unit shall be obscured with foundation plantings.

Off-street parking and private garages.

Detached dwelling units shall provide two spaces per dwelling unit, provided that on-street parking is permitted. In instances where no on-street parking is permitted, designated off-street guest parking spaces shall be provided at a ratio of 1/2 space per residential unit in accordance with §§ 190-515A(4) and 190-510 of this chapter. Each garage space and the driveway leading to the garage space shall, together, be considered one parking space.

No parking area or driveway shall be located within 10 feet of any property line, except that, where side-entry garages are provided or the slope of the front yard requires a snaked driveway, the parking area or driveway shall be located no closer than five feet to any property line.

All side-entry garages shall be provided with a paved or stoned area a minimum of 28 feet in length in front of the garage door(s) in order to allow for adequate ingress and egress to the garage.

For the required design and construction details for off-street parking areas, loading areas and driveways, see § 190-510 of this chapter.

Signs.

Detached dwelling units are permitted a sign on a postal box naming the residents of the property, a sign indicating the street number of the property, warning signs and signs posting "private property" and "no hunting," provided that no sign exceeds two square feet in area.

Each small lot single-family cluster development is permitted one freestanding sign not exceeding five feet in height, set back from all street rights-of-way at least 25 feet and from all driveways and lot lines at least 10 feet and shall not exceed an area of 25 square feet and shall be used to display the development's name.

See § 190-514 of this chapter for the design requirements for signs and for other sign regulations.

Common open space.

Land equal to a minimum of 40% of the tract of land proposed for residential development shall be specifically set aside for conservation, recreation and/or other common open space. Land utilized for street rights-of-way or detention or retention basins shall not be included as part of the above required minimum acreage.

At least one contiguous area within the development shall be large enough to have inscribed within it a circle with a diameter of 250 feet, which diameter shall not pass over any detention or retention basin, street right-of-way, or critical acreage, to be utilized for active recreation; or

At the request of the developer and upon submitted proof by the developer that the area of the inscribed two-hundred-fifty-foot circle noted hereinabove cannot be provided, the Land Use Board may approve a set aside of common open space without a large relatively flat area for active recreation, provided an adequate alternative plan for active and passive recreation is provided by the developer.

See §§ 190-604 and 190-605 for standards and guidelines.

Townhouse clusters.

[Amended 12-21-2010 by Ord. No. 2010-14]

Principal permitted uses on the land and in buildings.

Townhouses (see § 190-502 for standards), provided the following:

The units are served by an existing public wastewater treatment plant.

The gross acreage of the total land area specifically apportioned to the townhouse dwelling units shall be 283 acres, to be developed at a density of 1.33 dwelling units per gross acre of land, provided that no more than 372 townhouse dwelling units are developed. The actual land area developed with the townhouse units shall be no greater than 87 acres and may have a net density up to 4.3 dwelling units per acre, provided that the residual gross acreage is utilized for common open space. At least 65% of the residual undeveloped gross acreage shall be deed-restricted for perpetual open space.

Common open space, consisting of 85 acres adjacent the Panther Valley Golf Club and deed-restricted for perpetual open space, which shall be in addition to the 65% open space required above.

Playgrounds, conservation areas, parks and public purpose uses.

Accessory uses permitted.

Common recreational facilities, including tennis courts and swimming pools and landscaping features, such as trellises and gazebos, customarily associated with townhouse dwelling units.

Off-street parking and private garages. [See §§ 190-203, 190-602C(6) hereinbelow and 190-510.]

Fences and walls. (See § 190-505.)

Signs. [See §§ 190-602C(8) hereinbelow and 190-514.]

Home occupations accessory to residential dwellings. (See § 190-603 for requirements.)

Maximum heights.

Principal buildings. No principal building shall exceed 35 feet in height.

Accessory buildings and structures. No accessory building or structure shall exceed 25 feet in height, unless a lesser height is specified in this chapter for a particular accessory building or structure.

Area and yard requirements for townhouse dwelling units.

Minimum distance between townhouse buildings shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum separation between the buildings shall be the sum of the two abutting distances. The minimum distances shall be 25 feet for the front of a building on a street and 10 feet for the front of a building on a parking area; 20 feet for the side of a building; and 25 feet for the rear of a building. No portion of any building shall be closer to any portion of any other building than the combined distances of the abutting requirements for each building, providing that the corner of a building offset more than a 20° angle from a line drawn parallel to another building shall be considered a side of the building. In addition, no building shall be located closer than 40 feet from the right-of-way line of any collector street, 25 feet from the right-of-way line of any other street, 10 feet from any parking area, or 30 feet to any tract boundary line. No structure, driveway, street or other such improvement shall be located closer than 30 feet to any tract boundary line.

No critical areas shall be developed except in accordance with § 190-606 of this chapter.

Fee simple townhouse lots encompassing individual townhouse dwelling units may be freely disposed and arranged on a tract of land, provided they are superimposed upon an approved site plan for the subject development. Additionally, the following provisions shall be met:

The boundaries of any lot shall not infringe upon any common open space land areas, nor shall the boundaries of any lot be closer than five feet from any common parking lot area.

No lot line shall be located closer than 25 feet from any tract property line or any collector street, nor closer than 10 feet from any local street, notwithstanding N.J.S.A. 40:55D-35, and provided that direct driveway access to the fee simple lot from the local street is provided over common open space.

The minimum rear yard area of any fee simple townhouse lot shall be 20 feet in depth, and common open space land at least 20 feet in width shall be provided between the rear or side yards of fee simple townhouse lots.

General requirements.

All townhouse dwelling units shall be connected to approved functioning water and sanitary sewer systems. All utilities shall be stored underground. Additionally, the developer shall install roads, driveways, guest parking facilities, streetlights, fire hydrants, landscaping and recreation facilities and other site improvements, such as drainage facilities, as appropriate, and in accordance with the provisions herein and the design standards in Article 500 of this chapter.

The distribution and location of the townhouses within the tract shall be subject to review and approval by the Township, with consideration given to the preservation of the environmentally sensitive areas, the ability to provide an appropriate internal traffic circulation network, the location of the various types of residential units on lands most appropriate for their development, the location and ownership of the open space within the development, and the overall visual aesthetics afforded by the proposed development.

The proposed residential development shall be designed in a manner which addresses its relationship with and its compatibility with the existing development in the vicinity of the tract.

No residential building within any townhouse cluster development shall have driveway access to any road other than a local road. A buffer a minimum of 50 feet in width shall be provided along the entire perimeter of the tract and shall be bermed where practical except where existing vegetation is to be retained. Additional evergreen trees and shrubbery may be required to be planted to supplement existing vegetation to provide adequate screening. The buffer shall be part of the common open space area and shall adhere to the provisions in § 190-509L of this chapter.

Preliminary major subdivision approval can only be granted by the Land Use Board to the entirety of the townhouse cluster. However, final major subdivision approval may be granted by the Land Use Board on a stage-by-stage basis. When such cluster is intended to be developed in a number of development stages, the applicant shall submit a staging plan for review and approval by the Land Use Board. The staging plan shall identify the land area of the planned development to be developed in each stage and the sequence of the stages to be developed. The eventual development of each stage must be specifically related to all components of the development, including, but not limited to, traffic circulation, surface water management, sewage treatment and potable water facilities, off-tract improvements, and required buffers in order to ensure that the staging plan is workable and that the interests of the public are protected.

All disturbed portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees to lessen the visual impact of the structures and paved areas, all in accordance with § 190-509L of this chapter. The proposed landscape plan shall be submitted with the site plan application for review and approval by the Board.

For decks off townhouse dwelling units, see § 190-502M for design standards.

No townhouse dwelling unit or accessory deck, patio or fence of a townhouse unit shall be constructed unless the dwelling and/or accessory deck, patio or fence is part of an approved original or amended site plan application, which application included homeowners' association bylaws and/or resolutions governing the provisions for accessory decks, patios and fences and a typical drawing of the envisioned appearance of such accessory decks, patios and fences. No application for construction permit after initial occupancy will be accepted for processing unless accompanied by a statement from the homeowners' association that the proposed construction has been approved.

No market townhouse dwelling unit shall be less than 20 feet wide, and no affordable townhouse dwelling unit shall be less than 18 feet wide, notwithstanding § 190-502J of this chapter.

All exposed building foundation walls higher than two feet from grade shall be sided and finished in the same manner as the buildings or with foundation landscaping.

(k)

Section 190-502F of this chapter is not applicable to a townhouse cluster development.

Off-street parking and private garages.

Townhouses shall provide two spaces per dwelling unit, consisting of three or less bedrooms and 2.5 spaces per dwelling unit consisting of more than three bedrooms. In instances where no on-street parking is permitted, designated off-street guest parking spaces shall be provided at a ratio of 1/2 space per residential unit in accordance with §§ 190-510 and 190-515A of this chapter. Each one-car garage space and the driveway leading to the garage space shall, together, be considered one parking space. The driveway leading to the garage shall be at least 20 feet in length from the right-of-way line or sidewalk, whichever is closer.

All other uses shall provide adequate on-site parking to accommodate the permitted activities and shall be subject to approval by the Board during site plan review.

No common parking area shall be located within five feet of a fee simple townhouse lot line.

All side-entry garages shall be provided with a paved or stoned area a minimum of 28 feet in length in front of the garage door(s) in order to allow for adequate ingress and egress to the garage.

For the required design and construction details for off-street parking areas, loading areas and driveways, see § 190-510 of this chapter.

Off-street loading. Where curbside pickup is not available, adequate trash and garbage pickup stations within the townhouse portion of the development, including provisions for recyclable materials collection in accordance with § 190-502, shall be provided within a totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses by a fence, wall, planting, or combination of the three. Such stations shall be located a minimum of 30 feet from residential structures.

Signs.

Each townhouse cluster development is permitted two freestanding signs, one at each major entrance to the development, to display the name of the development only, each not exceeding 25 square feet in area and five feet in height and set back at least 10 feet from all lot lines.

See § 190-514 of this chapter for the design requirements for signs and for the regulations for political signs and real estate signs.

Common open space.

Land equal to a minimum of 85 acres adjacent the Panther Valley Golf Club and 65% of the 283 acres apportioned to the townhouse dwelling units shall be specifically set aside for conservation, recreation and/or other common open space. Land utilized for street rights-of-way or detention or retention basins shall not be included as part of the above required minimum acreage.

At least one contiguous area within the townhouse portion of the development shall be large enough to have inscribed within it a circle with a diameter of 250 feet, which diameter shall not pass over any detention or retention basin, street right-of-way, or critical acreage, to be utilized for active recreation; or

At the request of the developer and upon submitted proof by the developer that the area of the inscribed 250 feet circle noted hereinabove cannot be provided, the Land Use Board may approve a set aside of common open space without a large relatively flat area for active recreation, provided an adequate alternative plan for active and passive recreation is provided by the developer.

See §§ 190-604 and 190-605 for standards and guidelines.

Low- and moderate-income housing requirements.

At least 3% of the total number of townhouse dwelling units within the townhouse cluster development shall be accounted for and credited as low- and moderate-income housing units in accordance with the requirements of the New Jersey Council on Affordable Housing (COAH), the housing plan element and housing compliance program of the Township of Allamuchy, and the Affordable Housing Ordinance[1] of the Township of Allamuchy, provided that no less than 10 such units are so accounted for and credited by the Township.

Editor's Note: See Ch. 72, Affordable Housing.

See the Chapter 72, Affordable Housing, of the Code for alternatives and additional requirements as applicable.

Residential density transfer zoning.

Purpose. The purpose of permitting development under the residential density transfer zoning option is to provide a method of preserving significant farmland within that portion of the Township characterized by active farms, prime agricultural lands, extensive wetlands and one-hundred-year floodplains by permitting the transfer of residential development rights from one tract of land to another contiguous or non-contiguous tract of land without increasing the number of residential lots otherwise permitted and feasible to be developed on both tracts.

Location and size. residential density transfer zoning is permitted as a type of residential cluster optional development alternative to the underlying zoning in the RR District areas. Each of the two tracts of land shall be at least 50 acres in size, and the tract of land which is to be developed shall be at least equal to or greater in size than the tract of land to be preserved.

Maximum number of dwelling units permitted. The maximum number of single-family detached dwelling units permitted under residential density transfer zoning is the number of dwelling units that otherwise could be developed on both tracts of land if both tracts were being developed as conventional developments in conformance with the zoning regulations set forth for the RR Districts and in conformance with other applicable provisions of this chapter, with no variances or waivers required.

Suitability of the tracts.

The applicant shall designate which of the two tracts is to be preserved and which is to be developed. The tract to be preserved in perpetuity as open space or farmland shall be consistent with the conservation plan element portion of the Allamuchy Township Master Plan. The tract to be developed shall be suitable and capable of supporting the increased density of development on the lands.

The Land Use Board shall make a determination as to whether the tract to be preserved is appropriate for preservation and whether the carrying capacity of the tract to be developed is adequate to accommodate the increased density. The reasons for the Land Use Board's determination shall be set forth in any resolution of subsequent development approval. In order to assist the Land Use Board in its determination, the following information is required to be submitted:

The applicant shall provide a written description of the tract designated for open space or farmland to justify its preservation, including its existing use(s), its physical characteristics, its consistency with the conservation plan element and the proposed disposition of the tract when preserved.

The data required hereinbelow in Subsection D(5)(a) and (b) for the schematic test subdivision plans shall be submitted for the tract to be developed.

The applicant shall provide the information required in § 190-804C(3) of the chapter regarding a geologic evaluation of the tract to be developed. The submitted information shall be reviewed by the Township Geologic Engineer to determine whether the proposed development will negatively impact the groundwater quality and whether the underlying geology is stable to support the proposed development.

Upon the conclusion of its evaluation of the submitted information, the Land Use Board shall make the final determination, by a majority vote of the quorum present, regarding the suitability of both the tract to be developed and the tract to be preserved under the residential density transfer zoning option. If the Land Use Board finds that the tract to be preserved is not consistent with the conservation plan element or that the tract to be developed is not suitable for the increased density, the Land Use Board may reject the residential density transfer zoning option for the development of the subject land areas, and the applicant may proceed with a conventional development as otherwise permitted on the subject lands by this chapter.

Schematic test subdivision plan. In order to determine the maximum number of single-family residential lots that otherwise could be developed on the subject tracts of land if the tracts were being developed as conventional developments in conformance with the zoning regulations set forth for the RR Districts and in conformance with all other applicable provisions of this chapter, with no variances or waivers required, the applicant shall submit a schematic test subdivision plan for a conventional development on each of the subject tracts at a scale of one inch equals 100 feet or less for purposes of demonstrating the number of lots which could be produced under such conventional developments.

Each schematic test subdivision plan must include a delineation of detention/retention basin areas, all critical areas, Township stream corridors and all existing easements and restrictions on the tracts, including freshwater wetlands and wetlands transition areas as approved by the New Jersey Department of Environmental Protection (NJDEP) according to a "letter of interpretation" issued by the NJDEP. Each schematic test subdivision plan shall be prepared, signed and sealed by a qualified professional engineer licensed to practice in the State of New Jersey.

If deemed necessary by the Land Use Board, the applicant may be required to submit additional data, also prepared, signed and sealed by a qualified engineer licensed to practice in the State of New Jersey, supporting the probability that a lot or lots shown on the schematic test subdivision plans could be constructed upon, including, for example, soil test borings at least every five acres, with results of all test borings provided to the Board, and/or other information related to the ability of the proposed lot or lots to support a septic system and, if applicable, a potable water well.

Utilizing the following criteria, the Land Use Board shall evaluate each submitted schematic test subdivision plan for the conventional developments in order to determine the total number of residential lots that could be developed on the subject tracts without utilizing any optional development alternatives:

The Land Use Board shall not count lots which reasonably can be concluded to be practicably unusable for residential construction because of environmental constraints or inadequate buildable area for the principal dwelling and/or typical additional structures (e.g., decks, patios, etc.); and

The Land Use Board shall not count lots which would require a variance or a waiver from the chapter provisions governing a conventional development.

Upon the conclusion of its evaluation of each submitted schematic test subdivision plan for the conventional developments, the Land Use Board shall make the final determination, by a majority vote of the quorum present, regarding the total number of residential lots that could be developed on the subject tracts without utilizing any optional development alternative provisions; the number of lots so determined by the Land Use Board shall be the maximum number of lots that can be considered for development under the residential density transfer zoning option.

Concept plan.

Once the maximum number of lots to be permitted under the residential density transfer zoning option has been established, the applicant shall submit a concept plan of the proposed development on the tract to be developed, in accordance with the lot-averaging provisions provided in § 190-602D(7) hereinbelow, for review and informal approval by the Land Use Board.

Should the Land Use Board determine that the submitted concept plan does not meet the lot-averaging provisions noted hereinbelow, the applicant shall revise the concept plan as required. Upon resubmission of a revised concept plan, should the Land Use Board still determine that the plan does not meet the lot-averaging provisions noted hereinbelow, the Land Use Board may reject the residential density transfer zoning option for the development of the subject land area, and the applicant may proceed with a conventional development as otherwise permitted on the subject lands by the chapter.

Once the Land Use Board has given its informal approval of the submitted concept plan, the applicant may then proceed with a preliminary subdivision plan, which is to be based upon the concept plan and is to utilize the lot-averaging provisions specified in § 190-602D(7) hereinbelow.

Lot averaging. The residential development permitted by the residential density transfer zoning option shall be designed and constructed as a single entity utilizing the following lot-averaging provisions:

A minimum residential lot size of four acres and an average lot size of at least five acres is required.

An area equivalent to at least one acre of every residential lot shall be contiguous "non-critical" acreage, shall not include any surface stormwater management facilities and must be appropriately situated for the location and construction of the detached single-family dwelling and its appurtenances, including any septic system and potable water well serving the lot. Additionally, the one acre of contiguous "non-critical" acreage shall be shaped to permit the inscription of a circle with a diameter of at least 205 feet within its bounds. No critical lands shall be developed except in accordance with § 190-606 of this chapter.

Any lot or area of a residential lot specifically designated for a detention/retention basin or other similar stormwater management facility shall be included in the computation of the overall tract size but shall not be counted as part of the minimum lot area required for the residential lot and shall not be included in the lot-averaging calculation.

Other than the minimum required lot area, all other area and yard requirements specified in § 190-406D of the chapter for single-family detached dwellings with septic in the SFR District shall apply to all residential lots.

No residential lot shall have direct driveway access to any street designated as a type of nonlocal street in the traffic circulation plan element portion of the Allamuchy Township Master Plan.

No residential lot less than five acres in size shall abut or front upon any existing public street; all such lots shall be located within the residential development in a manner to minimize the visual appearance of the smaller lot sizes and the increased density on the tract.

Any residential lot abutting a type of nonlocal street shall meet the appropriate lot size and dimensional requirements specified in Footnote 3 to § 190-406D of the chapter.

All other requirements and provisions of the chapter governing detached single-family residential development within the SFR District shall apply to the residential development under the residential density transfer zoning option.

The development under the residential density transfer zoning option shall not include any hardship variances under N.J.S.A. 40:55D-70c(1).

Open space preservation requirements.

Any tract proposed as open space shall be left in its current condition and/or improved as specifically approved by the Land Use Board to best suit the purpose(s) for which the particular open space is intended. Any land proposed as preserved farmland shall be in current agricultural use.

Preliminary major subdivision approval can only be granted by the Land Use Board to the entirety of the development proposed under the residential density transfer zoning option. However, should the proposed development consist of a number of development stages, the Land Use Board may require that:

Those lands comprising later stages of development for which final approval has yet to be granted shall be deed-restricted to allow no more than the number of lots for which preliminary approval is granted; and

The entirety of the open space or farmland acreage is legally preserved as such at the time final subdivision is granted by the Land Use Board for the first development stage.

The land to be preserved may be offered by deed to the Township as public open space, dedicated as common open space to a homeowners' association, or restricted as farmland in perpetuity with a dedication of a development easement to the homeowners' association, to the Township or to another public body as may be approved by the Land Use Board.

If the applicant proposes that either the open space or the development easement for farmland shall be dedicated to the Township, then the Land Use Board shall forward such request with its recommendation to the Township Council prior to the granting of preliminary approval of any development application containing the subject open space.

If the applicant proposes that the development easement for farmland shall be dedicated to another public body, then the applicant shall submit a written letter from said public body of its intended acceptance of the development easement prior to the granting of preliminary approval of any development application containing the subject farmland.

All open space or development easements for farmland not offered to and/or not accepted by the Township or other public body shall be deed-restricted to the use(s) as specifically approved by the Land Use Board and shall be owned and maintained by a homeowners' association as provided in N.J.S.A. 40:55D-43 of the Municipal Land Use Law.

Any preliminary approval granted by the Land Use Board for a development under the residential density transfer zoning option shall be conditioned upon the acreage to be preserved being duly deed-restricted from any further development, except that preserved farmland may be permitted certain agricultural development and the continuance of any existing residential use and typical ancillary development as may be provided by the development easement. The language of the deed shall be subject to review and approval by the Township Attorney, and the applicant shall record a deed of such restriction with the Warren County Clerk as a condition of final approval once it is approved by the Township Attorney. No site disturbance of any kind other than farming shall be permitted until and unless the deed of restriction for the acreage to be preserved is so recorded.

Single-family conservation clusters.

Purpose. The purpose of permitting the development of single-family conservation clusters is to provide a method of creating imaginatively designed single-family residential environments that do not resemble traditional suburban subdivisions and which preserve desirable and appropriate open spaces, treed areas, steep slopes, floodplains, wetlands, wetlands transition areas, stream corridors and scenic vistas and, in the RR District only, farmland, all in concert with the conservation plan element portion of the Allamuchy Township Master Plan, by permitting the reduction of individual lot sizes without increasing the number of residential lots otherwise permitted and feasible to be developed.

Location and size. Single-family conservation clusters are permitted as optional development alternatives to the underlying zoning on tracts of contiguous land at least 100 acres in size in the RR District areas where individual lots are to be served by on-site septic systems and on tracts of contiguous land at least 25 acres in size in the SFR District areas where all individual lots are to be served by public sewerage facilities.

Maximum number of dwelling units permitted. The maximum number of single-family detached dwelling units permitted in a single-family conservation cluster is the number of dwelling units that otherwise could be developed on the subject tract of land if the tract were being developed as a non-lot-averaged conventional development in conformance with the zoning regulations set forth for the zoning district(s) in which the tract is located (i.e., the RR or SFR District) and in conformance with other applicable provisions of this chapter, with no variances or waivers required.

Schematic test subdivision plan. In order to determine the maximum number of single-family residential lots that otherwise could be developed on the subject tract of land if the tract were being developed as a non-lot-averaged conventional development in conformance with the zoning regulations set forth for the zoning district(s) in which the tract is located (i.e., the RR or SFR District) and in conformance with all other applicable provisions of this chapter, with no variances or waivers required, the applicant shall submit a schematic test subdivision plan for a non-lot-averaged conventional development at a scale of one inch equals 100 feet or less for purposes of demonstrating the number of lots which could be produced under such a conventional development.

The schematic test subdivision plan must include a delineation of detention/retention basin areas, all "critical areas," Township stream corridors and all existing easements and restrictions on the tract, including freshwater wetlands and wetlands transition areas as approved by the New Jersey Department of Environmental Protection (NJDEP) according to a "letter of interpretation" issued by the NJDEP. The schematic test subdivision plan shall be prepared, signed and sealed by a qualified professional engineer licensed to practice in the State of New Jersey.

In instances where public sewerage facilities are not available for the development of the subject tract, and if deemed necessary by the Land Use Board, the applicant may be required to submit additional data, also prepared, signed and sealed by a qualified engineer licensed to practice in the State of New Jersey, supporting the probability that a lot or lots shown on the schematic test subdivision plan could be constructed upon, including, for example, soil test borings at least every five acres, with results of all test borings provided to the Board, and/or other information related to the ability of the proposed lot or lots to support a septic system and, if applicable, a potable water well.

Utilizing the following criteria, the Land Use Board shall evaluate the submitted schematic test subdivision plan for the non-lot-averaged conventional development in order to determine the total number of residential lots that could be developed on the subject tract without utilizing optional development alternatives, such as but not limited to the lot-averaging provisions or the subject single-family conservation cluster chapter provisions:

The Land Use Board shall not count lots which would require a variance or a waiver from the chapter provisions governing a non-lot-averaged conventional development.

Upon the conclusion of its evaluation of the submitted schematic test subdivision plan for the non-lot-averaged conventional development, the Land Use Board shall make the final determination, by a majority vote of the quorum present, regarding the total number of residential lots that could be developed on the subject tract without utilizing any optional development alternative provisions; the number of lots so determined by the Land Use Board shall be the maximum number of lots that can be considered for development as part of a single-family conservation cluster.

Design criteria and concept plan.

Once the maximum number of lots to be permitted within a single-family conservation cluster has been established, the applicant shall submit a concept plan of the proposed development in accordance with the following design criteria for review and informal approval by the Land Use Board:

The design of a single-family conservation cluster shall first identify the portions of the tract to be preserved, including open spaces, farmland, treed areas, steep slopes, floodplains, wetlands, wetlands transition areas, stream corridors and scenic vistas in concert with the conservation plan element portion of the Allamuchy Township Master Plan;

The residential lots within a single-family conservation cluster shall be located secondarily and in consideration of the portions of the tract to be preserved;

As a general rule and to the extent reasonable and possible, residential lots shall be located within those portions of the tract not obviously visible from existing roads;

Any residential lot shall be set back at least 50 feet from any existing public street or tract boundary line; and

The single-family conservation cluster shall not include any hardship variances under N.J.S.A. 40:55D-70c(1).

Should the Land Use Board determine that the submitted concept plan does not meet the design criteria noted hereinabove, the applicant shall revise the concept plan as required. Upon resubmission of a revised concept plan, should the Land Use Board still determine that the plan does not meet the design criteria noted hereinabove, the Land Use Board may reject the single-family conservation cluster option for the development of the subject land area, and the applicant may proceed with a conventional development as otherwise permitted on the subject lands by this chapter.

Once the Land Use Board has given its informal approval of the submitted concept plan, the applicant may then proceed with the preliminary subdivision plans, which are to be based upon the concept plan and are to utilize the above design criteria as well as the standards hereinbelow.

Principal permitted uses on the land and in buildings.

Detached single-family dwelling units.

Farms in the RR District only, provided the following:

No structure or building is located within 100 feet of any lot line, except as otherwise permitted by this chapter, provided that no structure, other than fences, or building is located within 300 feet of any residential lot line within the single-family conservation cluster.

The minimum required lot area for farms with shipping, receiving, processing or packaging operations shall be 50 acres and such activities are to be located a minimum of 1,000 feet from any residential lot line within the single-family conservation cluster.

Playgrounds, conservation areas, parks and public purpose uses.

Accessory uses permitted.

Residential swimming pools, provided the pool is located in the rear yard and/or side yard only, is no closer than 15 feet to any lot line and occupies no more than 70% of the yard area. (See § 190-516.)

One private residential toolshed not to exceed 100 square feet in area and 15 feet in height. The residential toolshed shall have a type of dual pitched roof.

Recreational facilities and landscaping features customarily associated with detached single-family dwelling units.

Off-street parking and private garages. [See §§ 190-203, 190-602E(10) hereinbelow and 190-510.]

Fences and walls. (See § 190-505.)

Signs. [See §§ 190-602E(11) hereinbelow and 190-514.]

Home occupations accessory to detached single-family dwellings. (See § 190-603 for requirements.)

In conjunction with a farm only, one roadside stand, not exceeding 150 square feet in size, offering for sale produce harvested on the farmed premises or elsewhere in the Township, provided the stand is set back at least 15 feet from the street line and 25 feet from any lot line, except that the stand shall be set back at least 200 feet from any residential lot line in the single-family conservation cluster. The roadside stand may have one attached on-site sign only, the size of which may not exceed eight square feet in area. See the definition of "farm" in § 190-203 for additional permitted accessory farm uses.

Satellite dish antennas as conditional uses under N.J.S.A. 40:55D-67. (See § 190-601 for conditions.)

Retaining walls not exceeding six feet in height. (See § 190-518.)

Maximum building height.

No principal building shall exceed 30 feet in height and 2.5 stories; and

No accessory building shall exceed 25 feet in height and two stories, unless a lesser height is specifically specified by the chapter.

Area and yard requirements for individual residential lots in a single-family conservation cluster development.

	SFR District Lots Served by Public Sewers	RR District Lots Served by Septic Systems
Principal Building Minimum
Lot area	9,000 square feet¹	2 acres¹
Lot frontage (feet)	40	90
Side yard (feet)	— ²	20
Front yard (feet)	20	25
Rear yard (feet)	25³	50
Accessory Structure Minimum
Distance to side line (feet)	10	15
Distance to rear line (feet)	10	15
Distance to other building (feet)	20	20
Maximums
Building coverage of principal building	18%	8%
Lot coverage	28%	12%

	NOTES:
	¹	The minimum lot area shall not include any freshwater wetlands, wetlands transition areas, one-hundred-year floodplains and/or topographic slopes 15% or greater. Moreover, the resulting acreage must be contiguous acreage and appropriately situated for the location and construction of the detached single-family dwelling and its appurtenances, including the septic systems and the potable water well serving the lot, if applicable.
	²	The minimum distance between any dwellings shall be 20 feet, provided that the front yard setbacks for the dwellings are staggered; otherwise, the minimum distance between any dwellings shall be 25 feet. Where a side property line does not abut another residential lot, the minimum side yard shall be 15 feet.
	³	Decks off the first floor only may extend into the minimum required rear yard area, subject to specific approval by the Board, provided that the extensions will only be allowed where the subject area abuts open space or farmland areas at least 100 feet in width along the entire length of the subject lot line and such decks are set back a minimum of 10 feet from all property lines and occupy less than 25% of any particular rear yard area within which the deck is located.

Minimum off-street parking.

Detached single-family dwelling units shall provide 1.5 spaces per two-bedroom unit, two spaces per three-bedroom unit, 2.5 spaces per four-bedroom unit, and three spaces per five or more bedroom unit. Where the bedroom count per unit is not specified, 2.5 spaces per dwelling unit shall be provided.

No parking area or driveway shall be located within 10 feet of any property line.

No residential lot shall have driveway access to any street other than a local street internal to the development only.

All side-entry garages shall be provided with a paved or stoned area a minimum of 28 feet in length in front of the garage door(s) in order to allow for adequate ingress and egress to the garage.

For the required design and construction details for off-street parking areas, loading areas and driveways, see § 190-510 of this chapter.

Signs.

Detached dwelling units are permitted an informational or directional sign not exceeding two square feet in area and a nameplate sign not exceeding 300 square inches in area, all in accordance with § 190-514A of this chapter.

Farms are permitted one freestanding sign not exceeding 12 square feet in area and five feet in height and set back at least 15 feet from all property lines.

See § 190-514 of this chapter for the design requirements for signs and for other sign regulations.

Open space preservation requirements.

Land equal to a minimum of 70% of the tract of land proposed for a single-family conservation cluster development in the RR District shall be specifically set aside for conservation, open space, common open space or preserved farmland, and land equal to a minimum of 60% of the tract of land proposed for a single-family conservation cluster development in the SFR District shall be specifically set aside for conservation, open space or common open space. Land utilized for street rights-of-way and detention or retention basins shall not be included as part of the above 70% or 60%, respectively. However, no residential lot shall include any area utilized for a detention or retention basin.

If the maximum number of allowable lots established for the tract cannot be accommodated without the preservation of the required open space or farmland acreage, then either a lesser number of lots shall be proposed by the developer in order to provide the required open space or farmland acreage or the tract shall not be approved for the single-family conservation cluster option and, instead, may be developed as a conventional development in accordance with the underlying zoning district provisions.

Any land proposed as open space shall be left in its current condition and/or improved as specifically approved by the Land Use Board to best suit the purpose(s) for which the particular open space is intended. Any land proposed as preserved farmland shall be in current agricultural use.

Preliminary major subdivision approval can only be granted by the Land Use Board to the entirety of the single-family conservation cluster. However, should the proposed development consist of a number of development stages, the Land Use Board may require that either:

Open space or farmland acreage to be preserved shall be provided proportionate in size to the development stage being considered for final approval, provided that each development stage is equivalent to the minimum tract size required for a single-family conservation cluster, even though some or all of the open space or farmland acreage is located in a different development stage of the overall development; or

The entirety of the open space or farmland acreage shall be legally preserved as such at the time final subdivision is granted by the Land Use Board for the first development stage.

A buffer area at least 25 feet in width shall be provided along the border of any residential lot and any farmland to be preserved. The buffer area shall be outside the residential lot but may be within the required 1/2 acre of contiguous abutting land area which is to aid in the septic effluent filtration and absorption. A buffer screening shall be provided within the buffer area and shall consist of densely planted evergreen trees at least six feet high at time of planting and spaced to adequately screen and buffer the residential lots from the agricultural activities and may include supplemental shrubbery and fencing as may be approved by the Land Use Board as part of the single-family conservation cluster.

Any preliminary approval granted by the Land Use Board for a single-family conservation cluster shall be conditioned upon the acreage to be preserved being duly deed-restricted from any further development, except that preserved farmland may be permitted certain agricultural development and the continuance of any existing residential use and typical ancillary development as may be provided by the development easement. The language of the deed shall be subject to review and approval by the Township Attorney, and the applicant shall record a deed of such restriction with the Warren County Clerk as a condition of final approval once it is approved by the Township Attorney. No site disturbance of any kind other than farming shall be permitted until and unless the deed of restriction for the acreage to be preserved is so recorded.

Where preserved farmland is proposed as part of any single-family conservation cluster, the following additional requirements shall apply:

A disclosure statement indicating adjacent land uses and a "right to farm" statement shall be provided to each prospective property owner.

The final plat to be filed with the Warren County Clerk specifically shall contain a note that the lands within the single-family conservation cluster which are to be preserved in perpetuity as farmland have been and will continue to be farmed pursuant to past, current and future agricultural practices.

All deeds of the residential lots to be recorded with the Warren County Clerk and all subsequent deeds of conveyance and recording of the subject residential lots shall reference and recite the following specific notice of agricultural activity to any subsequent transferee or purchaser of the residential lots within the specific single-family conservation cluster:

	A Notice of Agricultural Activity with Respect to the "Right to Farm"
	"The lands within the single-family conservation cluster, approved by Resolution No. _____, dated _______________, which are to be preserved in perpetuity as farmland, have been and will continue to be farmed pursuant to past, current and future agricultural practices."

Development fees. In order to provide for the Township's low- and moderate-income housing obligation, all new development of principal and accessory buildings within the Township of Allamuchy not exempt from the collection of development fees shall pay a development fee to Allamuchy Township in accordance with the provisions specified in Ordinance No. 2011-07, the "Affordable Housing Ordinance" of the Township of Allamuchy. See Chapter 72, Affordable Housing, of the Code of the Township of Allamuchy for additional requirements as applicable.[2]

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

Age-restricted residential clusters.

Principal permitted uses on the land and in buildings.

Detached single-family dwelling units and patio homes with public sewer.

Public playgrounds, conservation areas, parks and public purpose uses.

Clubhouses and recreation centers serving the residents of the age-restricted residential cluster.

Accessory uses permitted.

Private residential swimming pools limited to whirlpools and hot tubs and their appurtenant structures, provided that they are no larger in aggregate area than 120 square feet, and provided further that the whirlpool or hot tub is located in the rear yard and/or side yard only and is no closer than 15 feet to any lot line. (See § 190-516.)

One private residential toolshed not to exceed 200 square feet in area and 15 feet in height. The residential toolshed shall have a type of dual pitched roof.

Recreational facilities and landscaping features, such as trellises and gazebos, customarily associated with single-family dwelling units.

Off-street parking and private garages. [See §§ 190-203, 190-602F(7) hereinbelow and 190-510.]

Fences and walls. (See § 190-505.)

Signs. [See §§ 190-602F(8) hereinbelow and 190-514.]

Home occupations accessory to single-family dwellings. (See § 190-603 for requirements.)

Retaining walls not exceeding six feet in height. (See § 190-518.)

Maximum heights.

Principal buildings. No principal building shall exceed 35 feet and 2.5 stories in height. Age-restricted dwelling units shall not exceed 32 feet and 2.5 stories in height, and the building height of the garage portion of the age-restricted dwelling unit shall not exceed 22 feet.

Accessory buildings and structures. No accessory building or structure shall exceed 15 feet and one story in height, unless a lesser height is specified in this chapter for a particular accessory building or structure.

Maximum number of dwelling units permitted. The maximum number of dwelling units permitted within an age-restricted residential cluster development is equal to one dwelling unit per gross acre of land, provided that no structures shall be constructed on any critical lands.

Area and yard requirements for single-family dwellings in the age-restricted residential cluster.

[Amended 7-18-2006 by Ord. No. 2006-14]

	Principal Building Minimum
	Lot area¹ (square feet)	7,500
	Lot frontage (feet)	70
	Lot width (feet)	70
	Lot depth (feet)	85
	Side yard (feet)	5²
	Front yard (feet)	20
	Rear yard (feet)	20³
	Accessory Structure Minimum
	Distance to side line (feet)	10
	Distance to rear line (feet)	10
	Distance to principal or accessory building (feet)	10
	Maximums⁴
	Building coverage of principal building	20%
	Lot coverage	30%

NOTES:
¹	The minimum lot area shall not include any freshwater wetlands, wetlands transition areas, one-hundred-year floodplains and/or topographic slopes 15% or greater. It is the intent of this chapter that no critical areas shall be developed except in accordance with § 190-606 of this chapter.
²	The minimum distance between dwelling units shall be 20 feet, provided that the specific side yards (five feet or more) necessary to provide the minimum twenty-foot separation between dwellings shall be shown on the subdivision plan and specifically approved by the Land Use Board. However, notwithstanding the above, two dwelling units may be constructed as patio homes along a common lot line where specifically approved by the Land Use Board, and provided that no more than 50% of any wall is common to both dwellings.
³	Decks located off the first floor only of a dwelling unit may extend into the minimum required rear yard area, subject to the specific approval by the Land Use Board of specific submitted designs, provided that:
	(a)	The extensions will only be allowed where the subject yard abuts a major open space area at least 100 feet wide along the entire length of the subject lot line; and
	(b)	Such decks are located in rear yard areas only, are set back at least 10 feet from all property lines and do not occupy more than 25% of any rear yard area within which the deck is located.
⁴	In order to reasonably assure that a sufficient area of a lot remains available to a property owner for potential building expansion and/or for the construction of accessory structures on the lot without the necessity for variance approval by the Land Use Board, the following information shall be provided to the Land Use Board for review and approval:
	(a)	A typical plan for the required minimum, maximum and average lot sizes, as applicable to the development, indicating the maximum building coverage of the principal building and the maximum lot coverage to be constructed on the lots prior to initial sale to a homeowner;
	(b)	Additionally, the applicant shall submit prototypical architectural plans for the houses to be constructed on the required minimum, maximum and average lot sizes, as applicable, indicating the scale and mass of the homes to be constructed, the relationship between first and second floor elevations and the typical type and extent of landscaping to be provided at time of initial sale to a homeowner; and
	(c)	The Land Use Board shall have the right to require specific restrictions to be incorporated in the deeds of the lots and within the bylaws of any homeowners' association regarding future building expansion and/or the construction of additional accessory structures when the maximum building coverage of the principal building and/or lot coverage will be entirely or nearly utilized at the time of initial sale to a homeowner.

General requirements.

All age-restricted units shall be deed-restricted for occupancy by households with at least one person 55 years of age or older and with no person less than 19 years of age, provided that visitors less than 19 years of age are permitted for no more than eight weeks during any twelve-month time period, and the wording of such deed restriction shall be submitted to the Land Use Board for review and approval as part of the application for final subdivision approval.

All age-restricted dwelling units shall be connected to approved functioning public water and public sanitary sewer systems.

An age-restricted residential cluster development shall be conceived, designed and planned as a single entity with a common architectural theme, which shall be subject to review and approval by the Land Use Board; said theme shall include the appearance of buildings, signage, fencing, lighting, paving, curbing and landscaping. Preliminary major subdivision approval can only be granted by the Land Use Board to the entirety of the age-restricted residential cluster. However, final major subdivision plan approval may be granted by the Land Use Board on a stage-by-stage basis, provided that a staging plan has been submitted for review and approval by the Land Use Board.

No residential lot within any age-restricted residential cluster development shall have driveway access to any road other than a local road, as designated within the traffic circulation plan element portion of the Allamuchy Township Master Plan.

Any lot for an age-restricted dwelling unit shall be set back at least 100 feet from any perimeter tract boundary line and any existing roadway.

Garages shall be attached to the principal building and shall be considered part of the single-family dwelling unit for building coverage calculations; no detached accessory garages shall be permitted.

Architectural elevations, including any permitted decks, patios and fences, of all proposed age-restricted dwelling units shall be submitted to the Land Use Board for review and approval as part of the final subdivision submission, and the information provided shall include the proposed surface materials of the buildings.

The gross floor area situated above the first floor of a dwelling unit shall not equate to more than 42.5% of the gross floor area situated on the first floor of the dwelling unit.

Windows on dwelling units shall be restricted as follows:

No windows shall be permitted on the first floor within five feet of any side property line;

Windows on the first floor situated on a wall located less than 10 feet, but more than five feet, from a side property line, shall be located at least five feet above the outside ground elevation beneath the window, unless applicable construction code provisions require a lower window elevation, in which case the windows shall be located as high on the wall as permitted by such code provisions;

Windows on the second floor situated on a wall located within 10 feet of a side property line shall not exceed an aggregate area (as measured from the interior of the window sills and frames) equal to 25% of the outside wall area of the room with the window(s); and

Windows on walls set back 10 feet or more from a property line shall have no window treatment restrictions.

Off-street parking and private garages.

Single-family dwelling units shall provide 1.5 spaces per two-bedroom unit, two spaces per three-bedroom unit, 2.5 spaces per four-bedroom unit, and three spaces per five or more bedroom unit. Where the bedroom count per unit is not specified, 2.5 spaces per dwelling unit shall be provided.

Any parking area or driveway shall be set back from any property line at least the same distance as the garage is set back from the property line or six feet, whichever is less.

All side-entry garages shall be provided with a paved area a minimum of 28 feet in length in front of the garage door(s) in order to allow for adequate ingress and egress to the garage.

For the required design and construction details for off-street parking areas, loading areas and driveways, see § 190-510 of this chapter.

Signs.

Single-family dwelling units are permitted an informational or directional sign not exceeding two square feet in area and a nameplate sign not exceeding 300 square inches in area, all in accordance with § 190-514A of this chapter.

See § 190-514 of this chapter for the design requirements for signs and for the regulations for political signs and real estate signs.

Common open space requirements.

Land equal to a minimum of 40% of the tract of land proposed for development shall be specifically set aside for conservation, recreation and/or other common open space. Land utilized for street rights-of-way or detention or retention basins shall not be included as part of the above required minimum acreage.

Each age-restricted residential cluster development shall be provided sufficient active and passive recreational facilities for the intended residents of the development. Such facilities shall be as approved by the Land Use Board and shall include a comprehensive system of continuous pedestrian walkways and sidewalks. Additional facilities may include clubhouses, swimming pools, tennis and shuffleboard courts and/or other similar facilities as deemed appropriate and reasonable.

See §§ 190-604 and 190-605 of this chapter for additional standards, requirements and guidelines.

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

Lot averaging.

Purpose. The purpose of permitting lot averaging as an option is to allow a range of residential lot sizes for detached single-family dwelling units to be developed on a tract of land in recognition of the oftentimes varying environmental capacities of different portions of a tract of land to support a septic system and a potable water well. Lot averaging also allows more design flexibility in locating the physical improvements of a residential development in a manner best suited to the contour of the land and the preservation of treed areas and environmentally sensitive areas.

Location and size. Lot averaging is permitted in the SFR District on tracts of land at least 25 acres in contiguous area. The lots may be served by either individual on-site septic systems or by public sewerage treatment facilities.

Design criteria.

Any development utilizing the lot-averaging provisions of this chapter shall be designed and constructed as a single entity. Since the lot-averaging provisions allow a transfer of density from one area of the tract to another area of the tract, any application for preliminary and final subdivision approval shall include the entirety of the lands to be developed under the lot-averaging provisions, and no phased or staged development is permitted.

The lot-averaging option permits a minimum residential lot size of three acres and an average lot size of six acres, in accordance with and subject to the following requirements and standards:

An area equivalent to at least one acre of every residential lots shall be contiguous "non-critical" acreage, shall not include surface stormwater management facilities, and must be appropriately situated for the location and construction of the detached single-family detached dwelling and its appurtenances, including the septic system serving the lot. Additionally, the one acre of contiguous "non-critical" acreage shall be shaped to permit the inscription of a circle with a diameter of at least 205 feet within its bounds. No critical lands shall be developed except in accordance with § 190-606 of this chapter.

Any lot or area of a residential lot specifically designated for a detention/retention basin or other similar stormwater management facilities shall be included in the computation of the overall tract size but shall not be counted as part of the minimum lot area required for the residential lot and shall not be included in the lot-averaging calculation.

The calculation of the average size of all residential lots within a lot-averaging development may be greater than six acres.

The area and yard requirements specified in § 190-406D of the chapter for single-family detached dwellings with septic in the SFR District shall apply to all residential lots within a lot-averaging development, except that, for lots less than four acres in size, the following reduced provisions shall apply:

[a]

Minimum lot depth: 350 feet.

[b]

Minimum lot frontage: 250 feet.

[c]

Minimum lot width: 250 feet.

No lots within a lot-averaging development shall have direct driveway access to any street designated as a type of nonlocal street in the traffic circulation plan element portion of the Allamuchy Township Master Plan.

[6]

Any residential lot abutting a type of nonlocal street shall meet the appropriate lot size and dimension requirements specified in Footnote 3 to § 190-406D of the chapter.

[7]

Since the lot-averaging option is not a residential cluster or other type of planned development, there is no set-aside of open space and no requirement for public water or public sewerage treatment facilities.

[8]

All other requirements and provisions of the chapter governing detached single-family residential development within the SFR District shall apply to a lot-averaging development.

§ 190-603 Special uses.

Home occupations.

Purpose and findings.

The following provisions are intended to permit the limited use of residential properties in Allamuchy Township as the location for a business conducted in or from a dwelling unit and/or its permitted accessory buildings or structures, which business is clearly subordinate and ancillary to the principal residential use of the property in accordance with the requirements specified herein.

The requirements and other provisions contained in this section are specifically intended to limit the extent of such home occupations and the potential associated nuisances such as traffic, noise, fumes, dust, glare and odors in order to ensure that the residential character of the residential neighborhood within which the subject property is located is preserved, and that no adverse impact to adjacent and/or nearby residential property occurs.

Requirements. Home occupations, including family day-care homes and child-care residences, shall be a permitted accessory use to a dwelling in the RR, SFR, RS, MR, PR, VN and PO Districts only, provided that:

An owner of the home occupation shall be the owner and resident of the subject property and the dwelling situated thereon.

No more than one nonresident employee of the home occupation shall come to the site on any given day for any purpose.

Permitted visitors to property.

Clients, patrons or customers shall be permitted on the property in regards to the home occupation, provided that:

[a]

Such visitation shall occur during daylight hours only;

[b]

Such visitation shall not create the need to park more than two vehicles at any time in addition to those ordinarily used by the residents of the dwelling unit; and

[c]

Such visitation shall not create the need to park anything other than passenger automobiles, and such passenger automobiles shall be parked off street on the subject property; additional parking spaces shall be provided.

None of the above shall be interpreted to prohibit any person from coming onto the property who might otherwise come to the property on similar occasions and for similar reasons in association with the dwelling unit.

The home occupation may utilize a portion of the principal dwelling unit and/or one or more secondary buildings or structures which are accessory to the principal dwelling unit, provided that the use of the property for the home occupation shall be clearly subordinate and ancillary to its use for residential purposes by its occupants, and not more than 25% of the habitable floor area of the dwelling or 1,000 square feet, whichever is less, may be utilized for the home occupation within the dwelling or not more than 1,000 square feet may be utilized for the home occupation within an accessory building.

All area, yard, coverage and other applicable requirements specified for dwellings and their accessory buildings and structures in the zoning district shall apply.

Any parking area associated with the home occupation, including the parking area for the aforementioned one nonresident employee and any clients, patrons or customers, shall be appropriately screened from the view of adjacent residential properties and the traveling public along any abutting street. Additionally, any accessory building or structure utilized for the home occupation also may be required to be similarly screened, dependent upon the location and appearance of the particular accessory building or structure.

The residential character of the lot and building(s) shall not be changed; no sounds related to the occupation shall be audible outside the building; and no equipment shall be used which will cause interference with radio or television reception in neighboring residences. This provision shall include a prohibition on the transference of equipment, supplies, or similar materials on a routine basis between a storage building or area and vehicles, resulting in exterior evidence, either visual and/or audible, of the home occupation.

No merchandise, products, waste, equipment or similar material or objects shall be displayed, stored or otherwise located outdoors, except that the presence of children or customary residential recreational facilities shall be permitted in conjunction with a family day-care home or child-care residence for a single-family detached dwelling only and except where otherwise permitted by this chapter.

Additional requirements.

The residential character of the lot and building(s) shall be maintained at all times, and all structures shall be maintained in good repair.

A home occupation shall operate only between the hours of 7:00 a.m. and 7:00 p.m. on Mondays through Fridays and on Saturday between the hours of 8:00 a.m. and 4:00 p.m.; the home occupation shall not operate on Sunday except for emergency purposes.

There shall be no other exterior evidence of the home occupation except as permitted herein. No sign other than an unlighted nameplate identifying the home occupation no more than two square feet in area attached to a postal box in a usual manner shall be permitted.

No exterior lighting shall be permitted specific to the home occupation.

Home occupations shall be permitted as accessory uses to townhouse and apartment dwelling units, provided that they shall not require site plan approval pursuant to § 190-603A(3)(a) hereinbelow. All other home occupations shall be conducted in or from a single-family detached dwelling unit and/or its permitted accessory buildings or structures.

Township review requirements.

No site plan approval shall be required for any home occupation if all of the following conditions apply:

If no person other than one member of the household residing on the premises is engaged in the home occupation;

If no area within the dwelling and/or its accessory buildings or structures is dedicated solely for the conduct of the home occupation;

If no clients, patrons or customers come onto the property in regards to the home occupation;

No goods, materials, equipment, supplies or other items of any kind are delivered to or from the subject property in connection with the home occupation except in the permitted vehicle(s) owned by the resident employee or in a service or delivery vehicle not having more than four wheels and two axles;

No signage shall be permitted; and

[6]

If all other provisions regarding home occupations in this section are met with no variance from the provisions of this section.

Minor site plan approval from the Land Use Board shall be required for all other applications for a home occupation in accordance with § 190-803 of this chapter and all applicable provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). Any change to a home occupation that results in any change to the site design and physical appearance of the subject property from that which was last approved by the Land Use Board shall require new site plan approval from the Land Use Board.

Any business or occupation conducted in or from a dwelling which does not meet the specific requirements hereinabove is not a home occupation for the purposes of this chapter. Moreover, any business or occupation which requires the outside storing or parking of equipment, additional vehicles other than those permitted hereinabove, or the outside storing of other material associated with the business or occupation (e.g., landscape businesses where plant material is grown or stored on the residential property, construction businesses where more than one commercial vehicle or more than two passenger automobiles are parked on site at any time, or any similar businesses) shall not be considered a home occupation.

Detached single-family dwelling units on flag lots. Detached single-family dwellings on flag lots shall be permitted uses in the RR Rural Residential District, provided that the following requirements are met:

The minimum lot size shall be five acres for that portion of the lot exclusive of the area within the "stem" providing access to the remaining lands of the flag lot. The area of the stem or access strip shall be that portion of the proposed lot which lies between the street line and any point where the proposed lot achieves a lot width of at least 200 feet.

The minimum lot frontage shall be 50 feet, and the minimum principal building front yard setback shall be 150 feet from any property line.

The center line of the stem or access strip of the proposed lot shall intersect the street line at an angle between 80° and 90°, and the width of the access strip of the proposed lot shall be no less than 50 feet at any point throughout its course. The access strip shall be continuous and under the same ownership as the proposed lot. No access strip shall be less than 300 feet in length and greater than 650 feet, measured from the street line of the intersecting street.

The location of the intersection of the stem or access strip with the street shall be such that access to and from the street and the improvement and use of the stem along the full course of the stem, as well as the drainage and other site considerations, will not adversely affect the remainder of the tract or adjoining properties.

Only one dwelling unit and its accessory buildings shall be served from each stem or access strip of a flag lot, except as provided for in § 190-603B(6) below.

Flag lots shall be located so that the stem of a flag lot shall be no closer than 450 feet to another stem of a flag lot measured along the street line from the center line of stems at their intersections with the street, except that no more than two flag lots may be contiguous, with their stems abutting the common side property lines, provided that the subdivision of the two flag lots shall be proposed as part of one application, and provided further that there shall be one common driveway serving the two lots with its center line common with the property line along the entire length of the stems. Cross-easements shall be provided along the stems.

No subdivision of a flag lot shall be approved unless the subdivision does not adversely affect the future development of the remainder of the parcel of land being subdivided or any adjoining property and the remaining land conforms to the minimum area and frontage requirements for the zoning district in which it is located.

Public utilities on the proposed lot must be placed underground prior to the issuance of a building permit for construction on such lot.

Driveways on access strips shall not exceed a ten-percent grade.

If any of the above requirements are not met, then the flag lot configuration is not permitted without variance relief pursuant to § 190-607 of the chapter. All of the other area, yard, coverage, height and general requirements of the RR District and other applicable requirements of this chapter shall be met.

§ 190-604 Recreation and open space.

Recreation.

An active recreation area shall be provided within the required common open space by the developer for each townhouse, apartment or residential cluster development. All active recreation areas shall be no closer to any residential structure than the minimum yard area for the residential structure.

All active recreation areas shall be cleared as required, graded for proper drainage, leveled, topsoiled, limed, fertilized and seeded with athletic field and general purpose mixture in accordance with specifications contained in Lofts, Inc. Guide to Seed and Sod in U.S. and Canada, current edition, and must be suitable for playing games, such touch football and softball, on an informal basis. In addition to such multipurpose field, the active recreation area shall include such recreation facilities as needed to serve the residential units within the planned development. The active recreation area shall meet all design standards as set forth in this chapter.

The active recreation area shall not include any critical areas, wetlands transition areas, detention or retention basins, street rights-of-way, drives or space designated for off-street parking or loading purposes. The active recreation area shall be contained within the planned development and entirely within Allamuchy Township and readily accessible to all lots or buildings intended for residential use.

The developer shall provide for a homeowners' association in accordance with § 190-605 of this chapter for the ownership and maintenance of the active recreation area for the benefits of owners or residents of the subdivision, unless the Township accepts dedication of the recreation area pursuant to § 190-604B hereinbelow.

Open space.

In the designation of the required open space and the uses proposed thereon, the developer shall be guided by the recommendations contained within the Township Master Plan and the following:

Any lands proposed as open space shall be located, shall be of the size, and shall be improved to best suit the purpose(s) for which open space is intended.

Common open space to be administered by a homeowners' association or other open space organization shall be distributed throughout the proposed development so that as many residential dwelling units or buildings as is practicable abut and have direct access to the common open space.

The protection of environmentally fragile and important resource land areas such as aquatic buffer areas, five-hundred-year floodplain, wetlands and treed acreage is a high priority.

The Land Use Board shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.

[Amended 7-18-2006 by Ord. No. 2006-14]

Should the proposed development consist of a number of development stages, the Board may require that open space acreage proportionate in size to the development stage being considered for final approval for that particular development stage, even though these lands may be located in a different section of the overall development.

Open space may be offered by deed to the Township or dedicated as common open space to a homeowners' association or other open space organization.

If the applicant proposes that the open space shall be dedicated to the Township, then the Board shall forward such request with its recommendation to the Township Council upon the granting of preliminary approval of any development application containing the subject open space. The Township Council shall not be bound by the recommendations of the Board with regards to the proposed dedication of open space.

§ 190-605 Homeowners' association and other open space organizations.

All open space not offered to and/or not accepted by the Township shall be owned and maintained by a homeowners' association or other open space organization as provided in N.J.S.A. 40:55D-43 and § 190-605 of this chapter. Such organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.

[Amended 7-18-2006 by Ord. No. 2006-14]

A homeowners' association or other open space organization may be established for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a development, provided that the Land Use Board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. A homeowners' association or open space organization shall be established prior to the issuance of any certificate of occupancy for any building in the development. If established, the organization shall incorporate the following provisions:

Membership shall be limited to and mandatory for all property owners, condominium owners, stockholders under a cooperative development, and other owners of property or interest in the development. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his/her pro rata share of the organization's costs.

The organization shall be responsible for all obligations assumed by the organization, including but not limited to liability insurance, taxes, and maintenance. The organization shall not be dissolved and shall not dispose of any open space property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Township of Allamuchy.

The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.

Bylaws.

The organization shall clearly describe in its bylaws and resolutions all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all the common property. These shall be set forth as a condition of approval and shall be submitted to the Township or Board Attorney for review and approval prior to or as a condition of the granting of final approval by the Board. The articles of incorporation shall contain provisions to ensure adequate funds are available for maintenance of the common elements.

In the case of apartment, townhouse, small lot single-family cluster, and age-restricted residential cluster dwelling units, the bylaws or resolutions shall include regulations governing the provisions for accessory decks, patios and fences for the dwelling units which shall be approved as part of the original site plan application and/or amendments thereto.

The articles of incorporation of the organization and the bylaws and resolutions shall be submitted for review and approval by the Township or Board Attorney prior to the granting of the original final or amended site plan approval by the Township.

Should the association fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b, and if it becomes necessary for the Township to provide maintenance, the imposition of a lien as set forth in N.J.S.A. 40:55D-43c shall be followed.

§ 190-606 Critical areas.

Basis for establishing critical areas.

The Critical Areas Map, dated November 1993, accompanies and is part of this chapter.[1] The Critical Areas Map generally shows the location of one-hundred-year floodplains, freshwater wetlands and lands with a topographic slope of 15% and greater within Allamuchy Township. Although not identified on the Critical Areas Map, wetland transition areas, where required, are considered "critical areas" for the purposes of this chapter.

Editor's Note: The Critical Areas Map is on file and available in the Township offices.

As noted on the Critical Areas Map, the mapped data is from the following sources and not from on-site investigation:

The one-hundred-year floodplains were drafted from the August 15, 1983, Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency (Panels 5, 6 and 7 of 10);[2]

Editor's Note: See § 166-7A of this Code for information concerning more recent maps dated September 29, 2011.

The freshwater wetlands were drafted from the National Wetlands Inventory Map prepared by the United States Department of the Interior for the Blairstown Quadrangle and dated December 1972 and from the Freshwater Wetlands Map prepared by the New Jersey Department of Environmental Protection for the Tranquility Quadrangle and dated March 1986; and

The topographic slopes 15% and greater were drafted from 1975 U.S. Geological Survey Slope Maps of the Blairstown and Tranquility Quadrangles.

Regarding the one-hundred-year floodplains and freshwater wetlands areas, it is recognized that more floodplain and wetland areas exist in Allamuchy Township than those indicated on the Critical Areas Map. Any mapping prepared by the Department of Environmental Protection of floodplain and wetland areas in Allamuchy Township shall take precedence.

Finally, while the information presented on the Critical Areas Map is appropriate for general planning purposes, it is not intended to take the place of on-site engineering investigation. The Land Use Board should consider more detailed and site-specific information, such as that information required to be submitted by the applicant as part of a subdivision, site plan and/or variance application, in order to more definitively define the location and extent of the critical areas on any lot or tract.

[Amended 7-18-2006 by Ord. No. 2006-14]

Purpose of regulations for floodplain and stream corridor areas. The purpose of these regulations is:

To protect floodplains and stream corridors so that floodwater may have a natural course to follow and so that the watercourse is not constricted or altered in a manner that will increase water velocities or create a dam.

To allow water levels to rise without danger to persons, animals or property and cover larger land surfaces for the purposes of greater water percolation and recharge of the underground water supply.

To promote the development of a parklike network throughout Allamuchy Township along stream corridors.

To permit only that development of flood-prone areas and stream corridors within Allamuchy Township, which:

Is appropriate in light of the probability of flood damage and the need to reduce flood losses;

Represents an acceptable social and economic use of the land in relation to the hazards involved;

Does not increase the danger to human, plant or animal life; and

Provides that no decreases in the amount of available storage for floodwaters within the floodplain results from any development.

To prohibit any other types of development, including, without limitation, the dumping of solid or hazardous waste, the construction of subsurface sewage disposal systems, the storage of any petroleum products, the addition or removal of fill and the altering of watercourses, temporary roadways and grading, and to retain areas adjacent to streams free from structures and other obstructions.

To protect property from the adverse effects of flooding, erosion, loss of vegetation, seepage, and downstream deposits of silt, gravel and stone, and to prevent burdensome costs to the public arising from such damage and its repair.

To protect other municipalities within the same watersheds from improper stream corridor development and the increased potential for flooding or for reduced stream flows in dry weather.

To prevent disturbance to the ecological balance between wildlife, plant and marine life, which are dependent upon watercourses, and their protective floodplains and slopes.

Applicability and interpretation.

This section regulates development in the following two ways:

By protecting stream corridors, as defined in § 190-606D below, from the type and intensity of development which would be destructive to their special environmental importance and harmful to the health and general welfare and to properties downstream; and

By mitigating flood hazards within flood hazard areas pursuant to the requirements of the National Flood Insurance Program. These regulations are, in part, intended to satisfy federal requirements in order to make flood insurance available within Allamuchy Township.

AREA OF SPECIAL FLOOD HAZARD

Except in limited cases, the stream corridor requirements of § 190-606 do not permit structures within the stream corridor as defined in § 190-606D hereinbelow, which, by that definition, includes flood hazard areas. The flood hazard mitigation requirements in § 190-606F apply only in those limited cases where structures or substantial improvements to structures are permitted.

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

APPEAL

A request for the review of the Township Engineer's interpretation of any provision of this section or a request for a variance from the Land Use Board.

AREA OF SHALLOW FLOODING

A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

Land in the floodplain within the Township subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT

The area of any building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

CHANNEL

The bed and banks of the watercourses located within the boundaries of the Township of Allamuchy which convey the normal flow of said watercourses most of the time.

DELINEATED STREAM

A stream that has a delineated floodway officially adopted by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:13.

DESIGN FLOOR PROFILE

The elevations of the water surface of the floodway design flood and the flood hazard area design flood.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

ELEVATED BUILDING

A nonbasement building built to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. "Elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

FLOOD ELEVATION DETERMINATION

The determination of the water surface elevations of the design flood, i.e., the flood level that has a one-percent or greater chance of occurrence in any given year.

FLOOD-FRINGE AREA

The portion of the flood hazard area not designated as the floodway.

FLOOD HAZARD AREA

The floodway and the flood-fringe area of a delineated stream.

FLOOD HAZARD AREA DESIGN FLOOD

The one-hundred-year storm in nondelineated areas and the one-hundred-year storm plus 25% in delineated areas.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry areas from:

Inland or tidal waters; and

FLOODPLAIN MANAGEMENT REGULATIONS

The unusual and rapid accumulation of runoff of surface water from any source.

FLOODPLAIN

The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by floodwater.

State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream without accumulatively increasing the water surface elevation any more than 0.2 feet.

FREEBOARD

A factor of safety usually expressed in feet above the base flood elevation. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the base flood elevation.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places:

Approved by a state program as authorized by the Secretary of the Interior; or

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISIONS

Directly approved by the Secretary of the Interior.

LOWEST FLOOR

The lowest floor of the lowest enclosed area, including a basement. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required facilities. For the purposes of floodplain management, the term "manufactured home" includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers or other similar recreation vehicles.

A parcel (or contiguous parcels) of land divided into two or more manufactured homes lots for rent or sale.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this chapter.

RECREATIONAL VEHICLE

A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projections, designed to be self-propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

START OF CONSTRUCTION

Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement commenced within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, not does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STREAM

A watercourse having a drainage area of over 50 acres.

STREAM CORRIDOR

Includes the area within the floodway, floodplain, flood hazard area and buffer strips 150 feet from the top of the channel banks of the main tributaries of Trout Brook, Bear Creek, the Pequest River and the Musconetcong River for stream corridor preservation. If the floodplain or flood hazard area extends for more than 150 feet from the top of the channel bank, said larger area shall be the stream corridor.

STRUCTURE

For floodplain management purposes, a walled or roofed building, a manufactured home, including without limitation gas or liquid storage tanks, that is principally above ground. For insurance purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such material or supplies are within an enclosed building on the premises.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

Any project or improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which is solely necessary to assure safe living conditions; or

Any alteration of a structure listed on the National Register of Historic Places or the State Register of Historic Places.

VARIANCE

A grant of relief by the Land Use Board from the requirements of this section, permitting construction in a manner otherwise prohibited by this section because the literal enforcement would result in unnecessary hardship.

Site plan review.

All proposals for any development within a floodplain or stream corridor area shall require site plan approval by the Land Use Board in accordance with Article 800 of this chapter; provided, however, that when a plan does not include the construction of permanent buildings or structures but, instead, includes such work as grading, landscaping, work associated with agricultural uses and similar uses, and where, upon the recommendation of the Township Engineer, the proposed work is of such a minor nature that Land Use Board review is not required, the need for site plan approval by the Land Use Board may be waived by the Board. In any case all other requirements of this section shall apply, and before the work actually begins, the Township Engineer shall have issued, in writing, his approval to proceed with the work.

Review by Township Engineer.

When a proposal for development within a floodplain or stream corridor is made to the Township, initially the Township Engineer shall review the proposal to:

Determine that the requirements of this section have been satisfied;

Determine that all necessary approvals have been obtained from those federal, state or other local governmental agencies from which prior approval is required;

Determine if the proposed development is located in the floodway and, if so, assure that the encroachment provisions pertaining to floodways are met; and

Determine whether any plans for walls to be used to enclose space below the base flood level comply with applicable requirements.

After the review is completed, the Township Engineer shall inform the Land Use Board of his findings.

Fees shall be provided for site plans in § 190-901 of this chapter, and public notice of public hearings shall be given as stipulated for site plans in § 190-706D of this chapter. In addition to the applicable information required for preliminary site plan approval stipulated in § 190-804 of this chapter, the following additional information shall be provided:

Proposed finished grade elevations at the corners of any structure or structures.

Elevation in relation to mean sea level of the lowest floor (including basement) of all structures, existing and proposed.

Elevation in relation to mean sea level to which any structure, existing or proposed, has been or will be floodproofed.

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria established by this section.

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. Where alteration or relocation of a watercourse is proposed, notification of the proposed alteration or relocation must be provided to adjacent municipalities and proof of such notification submitted to the Federal Insurance Administration.

The extent of proposed or previous filling, cutting or regrading of the land, if any.

The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection soil stabilization, sedimentation basins, sediment trap headwalls and aprons.

Proof of stream encroachment lines (floodway) obtained from the New Jersey Department of Environmental Protection. Where stream encroachment lines have not been established by the New Jersey Department of Environmental Protection, the following rules shall be utilized to determine the floodway delineation:

Concerning hydrology, methods that are acceptable are those outlined in "Technical Manual for Stream Encroachment" August, 1984, Section 3.1, published by the State of New Jersey, Division of Coastal Resources, Bureau of Floodplain Management, as amended.

Concerning hydraulics:

[a]

Water surface profiles shall be computed using the Step-Backwater Method of analysis;

[b]

Computations shall begin at a suitable control point at least 500 feet downstream from a project;

[c]

Normal depth computed using Manning's equation may be used as the starting elevation if the channel is of uniform cross section and slope and it can be demonstrated that flow is not affected by backwater caused by downstream obstructions;

[d]

Water surface profiles shall be computed based upon existing topography, proposed structures, and changes of topography proposed by the applicant; and

[e]

Encroachment lines shall be set at or outside the floodway.

The applicant should be prepared to present evidence that the proposal:

Has an inherently low flood damage potential.

Either acting alone or in combination with the existing or future uses, will not obstruct flood flows or increase flood heights and/or velocities or reduce ground absorption or storage volume of stormwater.

Does not affect adversely the water-carrying or storage capacity of the channel, floodway or flood-fringe areas.

Does not increase local runoff and erosion and provides proper drainage of the area to an existing adequate watercourse or drainage system.

Does not unduly stress or degrade the natural environment of the floodplain or degrade the quality of surface water or the quality or quantity of groundwaters.

Does not require channel modification or relocation.

Is set forth in this chapter as a permitted use.

Is not a prohibited use in that portion of the floodway, floodplain or stream corridor where proposed to be located.

Where required by the Land Use Board, the applicant shall furnish information relating to subsurface conditions based on percolation tests and soil borings or probes. Test borings or probes shall be performed by a licensed professional engineer and shall be in accordance with acceptable engineering standards and practices. Written notification of intention to conduct such tests shall be forwarded to and received by the Township Engineer at least two working days prior to testing. A detailed report of the test shall be submitted to the Land Use Board and the Township Engineer for review.

When base flood elevation data has not been provided by the Township, its agents, servants and employees shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source to administer this chapter.

The reasons the use cannot be located totally outside the stream corridor area.

Uses in floodways, flood-fringe and stream corridor areas.

Prohibited uses. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses in the floodway, flood-fringe, floodplain and stream corridor areas. All uses not specifically permitted by Subsection F(2) and (3) hereinbelow shall be prohibited.

Permitted uses in floodways. The following uses shall be permitted in floodways, provided the requirements of Subsections F(2)(e) and G of this chapter are satisfied:

Channel improvements or changes may be permitted only in connection with stream improvements and stabilization, which improvements or changes have the approval of the State Department of Environmental Protection, the Warren County Land Use Board and the Allamuchy Township Land Use Board.

The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, undeveloped common open space, play yards, provided no play equipment is located in the floodway, picnic areas, boat landings and golf courses, provided a maintenance program to promote stabilization of stream banks is established.

Installation, repairs or replacement of sanitary sewers and appurtenances, and other utility lines and appurtenances.

Culverts, bridges, road or driveway crossings where no other locations are feasible.

No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood lands during the occurrence of a flood having a one-percent chance of being equaled or exceeded in any given year. Any proposed use involving the removal of trees shall be undertaken in accordance with the approval of the Allamuchy Township Land Use Board. Material, equipment or vehicles related to and used in conjunction with a permitted use shall not be parked or stored in the floodway area.

Stormwater management facilities.

Permitted uses in the stream corridor areas. Except for within the floodway, the following uses shall be permitted in stream corridor areas:

The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, undeveloped common open space, play yards provided no play equipment is located in the stream corridor, picnic areas and golf courses, provided a maintenance program to promote stabilization of stream banks is established.

Rebuilding existing structures, provided the requirements of § 190-606G hereinbelow are met.

Additions to preexisting structures not to exceed 25% of the gross floor area of the structure preexisting the adoption of this chapter.

Farm fences allowing free passage of floodwaters and debris.

Installation, repairs or replacement of sanitary sewers and appurtenances and other utility lines and appurtenances.

Stormwater management facilities.

Culverts, bridges, road or driveway crossings where no other locations are feasible.

Conditions of approval. The Land Use Board may impose such conditions on permitted uses as it deems appropriate in order to promote the public safety, health and welfare; to protect public and private property, wildlife and fisheries; and to preserve and enhance the natural environment of the stream corridor. No certificate of occupancy shall be issued unless all conditions of approval have been complied with. In all flood hazard areas, the following conditions are specified in any case:

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

All new and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharged from the system into the floodwaters.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, the use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

All subdivision proposals shall be consistent with the need to minimize flood damage.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

All new construction shall have electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

Appropriate and adequate controls on operations, sureties, deed restrictions and maintenance bonds shall be provided.

The construction of stormwater detention and/or retention facilities, channel modifications, dikes, levees and other protective measures shall be required.

The installation of an adequate flood warning system shall be required.

The postponement of development until such a time as any necessary and required preconstruction protective measures are installed or implemented shall be required.

New construction or substantial improvement of any residential structure shall have the lowest habitable floor, including a cellar or basement, elevated to one foot above the flood hazard area design flood elevation (a one-foot freeboard).

All new construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the unimpeded gravity-flow entry and exit of floodwater.

New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including a cellar or basement, elevated to one foot above the design flood elevation (a one-foot freeboard) or, together with the attendant utility and sanitary facilities, be floodproofed so that below the design flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A licensed professional engineer or architect shall certify that the standards and methods of construction of this section are satisfied. Such certification shall be provided to the Land Use Board. Any or all of the following floodproofing measures may be required:

Installation of watertight doors, bulkheads and shutters, or similar devices.

Reinforced walls to resist water pressure.

Use of paints, membranes or mortars to reduce seepage of water through walls.

Addition of weights to structures to resist flotation.

Installation of pumps to lower water levels of structures.

Pumping facilities or comparable measures for the subsurface drainage systems of the building to relieve external foundation walls and basement flood pressures. Over the sidewalk and under the sidewalk, gravity or sump pump drains are not permitted. All such drains shall outlet into an existing adequate watercourse or drainage system.

Construction that resists rupture or collapse caused by water pressure or floating debris.

Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or stormwaters into the structure; gravity drainage of basements may be eliminated by mechanical devices.

Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to inundation and flooding.

Annual inspection and recertification of all nonresidential structures which have been floodproofed to assure that floodproofed structures and attendant facilities have been properly maintained.

(19)

Where and when permitted, fill shall be no lower than one foot above the flood hazard area design flood elevation and shall extend at such height for a distance of at least 15 feet beyond the limits of any structure erected thereon.

(20)

Where and when permitted, structures on fill shall be so built that the lowest floor is at a minimum of one foot above the flood hazard design elevation.

(21)

All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the finished floor elevation of the lowest floor is at or above the base flood elevation.

(22)

All necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(23)

Adequate maintenance shall be provided within any altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished.

Variances from conditions. Variances from the conditions of this section may only be issued by the Allamuchy Township Land Use Board in conformance with the following provisions:

For the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Register of Historic Places.

Variances shall not be issued within any designated floodway, flood-fringe area or stream corridor if an increase in flood levels during the design flood would occur.

Variances may only be issued upon a determination that the variance is the minimum necessary to afford relief considering the flood hazards.

Variances may only by issued upon a determination that failure to grant the variance would result in exceptional hardship to the applicant and a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

Flood insurance. Flood insurance in accordance with the Federal Insurance Agency shall be required for all developments in the floodplain.

Warning and disclaimer. The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside flood hazard areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the Township of Allamuchy or by any other officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

Flood hazard area searches.

Official designated to make flood hazard searches. The Township Council shall, annually, designate an official of the Township to make and prepare flood hazard area searches. Such official shall thereafter be vested with the power to make certificates with respect to flood hazard areas on behalf of the Township.

Issuance of certificates. The official appointed to make such searches shall issue certificates within a reasonable time after receipt of the following:

A written request for a flood hazard area search, containing a diagram or description showing the location and dimensions of the tract of land to be covered by the certificate, and the name of the owner of the tract of land; and

The total fees as herein provided.

Fees for certificates. The following fees shall be received prior to the issuance of any certificate:

Where the property described in the application is shown on the Tax Map as consisting of five acres or less, a fee of $5.

Where the property described in the application is shown on the Tax Map as consisting of more than five acres but less than 20 acres, a fee of $10.

Where the property described in the application is shown on the Tax Map as consisting of 20 acres or more, a fee of $20.

Steep slopes.

The purpose of designating steep slopes as "critical areas" is to prevent soil erosion and stormwater runoff resulting from development of such steep slope lands. Development throughout the Township shall occur only on the portion of a lot or tract outside the steep slope area, [where feasible,] except as otherwise specifically permitted by ordinance, and except, further, as follows:

No steep slopes greater than 30% in grade shall be disturbed or developed.

No steep slopes between 15% and 30% may be disturbed or developed, except as follows in specific situations where it is determined by the Board that soil erosion, land disturbance and other environmental concerns have been adequately addressed by the developer:

The crossing of steep slopes may be permitted in order for the developer to provide necessary infrastructural improvements for utilities, streets and stormwater management, when approved by the Board; or

An isolated area or a narrow band of steep slopes may be disturbed on a lot for good cause shown by the developer, when approved by the Board.

The applicant may seek relief in accordance with § 190-607 of this chapter, provided that the applicant shall address the performance standards in § 190-606L(2) hereinbelow to the satisfaction of the Board. Departures and exceptions from the steep slope regulations set forth in § 190-606L(1)(b) of this chapter shall be considered waivers from design standards; all other departures and exceptions shall be considered variances in accordance with § 190-607A of this chapter.

Performance standards. The Board, in considering a variance or waiver from § 190-606L(1) hereinabove, shall be guided by, but not limited to, the following:

The developer shall demonstrate that the disturbance of the critical steep slope area is necessary for the proposed development of the subject tract, indicating that such development can be in accordance with Articles 400 and 600 of this chapter.

The developer shall demonstrate that the proposed development has utilized the "non-critical" areas of the tract as reasonably practicable and has attempted to minimize the disturbance of the critical steep slope areas by limiting development to either isolated area(s) of steep slopes and/or those slopes with less of a steep grade prior to the disturbance of more environmentally sensitive critical areas.

Appropriate revegetation and landscaping of the disturbed steep slope areas shall be provided to adequately stabilize the slopes and enhance the attractiveness of the site, if necessary, and shall be in accordance with accepted soil conservation and stormwater management techniques as promulgated by the Soil Conservation District and the Township Engineer.

The proposed disturbance of the steep slope area should minimize the impairment of the visual quality of the site. Moreover, the higher elevations along ridge and mountain tops which present visual amenities should be protected where possible.

The environmental impacts shall be satisfactorily controlled by the development proposal in a manner acceptable to the Township Engineer so that soil erosion, excess stormwater runoff, degradation of water quality, concentration of stormwater and water flow, and flooding do not occur.

The developer also shall demonstrate that:

Unless an EIS is otherwise required, endangered or threatened plants and wildlife shall not be harmed;

The geologic disturbance, including blasting, cutting or excavating, resulting from the development of any critical steep slope area shall be satisfactorily mitigated, all in accordance with § 190-509; and