Township of Robbinsville, NJ Article IV District Regulations

§ 142-12 General principles.

[Amended 7-21-2017 by Ord. No. 2017-14; 11-22-2019 by Ord. No. 2019-48; 7-26-2021 by Ord. No. 2021-21; 9-8-2022 by Ord. No. 2022-36; 2-25-2023 by Ord. No. 2023-9; 5-15-2023 by Ord. No. 2023-23; 4-24-2025 by Ord. No. 2025-14]

A. No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner, except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located and so that all lots have frontage on a street.

B. Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Township in order to meet minimum street width requirements of the Township or to implement the recommendations of the Master Plan of the Township, the Construction Official and Zoning Officer shall issue building, zoning and occupancy permits for the lot whose depth or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

C. (Reserved)

D. (Reserved)

E. (Reserved)

F. Transient accommodations shall be a prohibited use in all zoning districts designated pursuant to § 142-8.

G. Cannabis cultivators, cannabis manufacturers, and cannabis wholesalers, as said terms are defined by CREAMMA,[1] shall be permitted in the PCD and OW Zoning Districts. Cannabis distributors, cannabis retailers, and cannabis delivery services, as defined by CREAMMA, as well as medical cannabis cultivators, manufacturers and dispensaries, as defined by the Honig Act,[2] shall be prohibited uses in all zoning districts designated pursuant to § 142-8.

[1] Editor's Note: See the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq.

[2] Editor's Note: See N.J.S.A. 24:6I-1 et seq.

§ 142-13 RR Rural Residential District.

A. Preamble. The Rural Residential Zone is intended to preserve the rural land use pattern and visual character by allowing low-density residential units while encouraging farms and related uses. The permitted density is low and the development permitted will generally not benefit from public capital expenditures. The permitted density is one unit per two acres, which recognizes the septic unsuitability and seasonal high water table of many of the soil types. Agricultural and conservation easements are encouraged to retain viable farmland.

B. Principal permitted uses on the land and in buildings.

(1) Farms provided that if ponies, horses, cows, sheep, fowl, or various livestock are kept on the farm, then in that event the farm shall provide a building for the shelter and care of the animals in accordance with § 142-108L of this chapter, and all such livestock shall be contained within fenced areas.

(2) Single-family detached dwelling units.

(3) Public playgrounds, conservation areas, parks and public-purpose areas.

(4) Mausoleums and columbariums shall be restricted by the provisions of § 142-13C.

(5) Cluster residential development without public sewers in accordance with the provisions of this chapter.

[Amended 2-13-2015 by Ord. No. 2015-4]

(6) Cluster residential developments with public sewers in accordance with the provision of this chapter.

[Added 2-13-2015 by Ord. No. 2015-4]

C. Accessory uses and buildings permitted are as follows:

(1) Greenhouses are a permitted accessory use and structure, provided that the aggregate square footage of all structures situated on the site does not exceed 55,000 square feet or 15% coverage of the total lot area, whichever is less.

(2) Landscape contracting, tree pruning services, firewood processing, wood mulches and sales of products grown on the site are permitted accessory uses, provided the activities are subordinate to the permitted primary use of the site, including, but not limited to, a farm, forest tract or nursery, with a minimum lot size of five acres.

(3) Structures used for private and commercial horticultural, agricultural or forestry purposes, exclusive of greenhouses and stables.

(4) The keeping of horses, ponies, cows, sheep, fowl or other farm livestock in those areas classified as farms.

(5) The keeping of horses, ponies, cows, sheep, fowl or other farm livestock, with a minimum of five acres for every two animals, only in fenced areas in those areas not classified as farms.

(6) Noncommercial dog kennels housing not more than six dogs, provided that no building or outside enclosures shall be permitted within 100 feet of any lot line.

(7) All agricultural activities and farm-related uses of land, including, but not limited to, the sale of agricultural, horticultural or forestry produce or products which have been raised on the property from which it is sold and freezing lockers or other similar facilities for the sale, storage and processing of farm and livestock produce, including the sale of firewood, which has been raised on the farm from or on which it is to be sold, stored or processed; provided, however, that the issuance of a permit therefor shall first have been approved by the Land Use Board, after public notice and hearing, on the basis that adequate lot area and yard spaces are provided, that the buildings and use will not adversely affect the neighborhood and that adequate parking space is provided for as many customers and employees as might be expected on the premises at one time.

[Amended 7-20-2022 by Ord. No. 2022-27]

(8) Private residential swimming pools and sports courts. See §§ 142-51 and 142-52.

[Amended 11-24-2021 by Ord. No. 2021-29]

(9) Fences and walls, provided that no fences or walls for the containment of ponies, horses, cows, sheep, fowl or other farm livestock shall be located within 100 feet of any property or street right-of-way line. See § 142-36 for additional standards.

(10) Private residential toolsheds not to exceed 12 feet in height measured to the highest point in the roof line nor eight feet measured to the top of the highest sidewall and not greater than 300 square feet in area; provided, however, that not more than one such toolshed per lot shall be a permitted accessory building.

(11) Campers, travel trailers, boats and other movable property, to be parked or stored in rear or side yards only, at least 20 feet from the rear and side property line. The dimensions of any camper or travel trailer shall not be counted in determining total building coverage, and such vehicles shall not be used for temporary or permanent living quarters while situated on a lot.

(12) Off-street parking and private garages.

(13) Satellite antenna dishes shall be permitted in the side or rear yard only within the side and rear yard setbacks, and shall not be mounted on any structure, but shall be permanently located on the ground.

(14) Home occupations. See § 142-33.1C.

(15) Amateur radio antennas and antenna support structure.

[Amended 11-14-2024 by Ord. No. 2024-40]

D. Conditional uses.

(1) Office and research. See § 142-61A.

(2) Child-care centers. See § 142-7.

(3) Cemeteries. See § 142-61C.

(4) House of worship. See § 142-61M.

E. Area and yard requirements.

(1) Minimum requirements for principal buildings and structures (detached dwellings in the RR District):

(a) Lot area: 87,120 square feet.

(b) Lot frontage: 250 feet.

(c) Lot width: 250 feet.

(d) Lot depth: 300 feet.

(e) Side yard, each: 50 feet.

(f) Front yard: staggered ranging from 75 feet to 200 feet.

(g) Rear yard: 50 feet.

(2) Minimum requirements for accessory building:[1]

(a) Distance to side line: 30 feet.

(b) Distance to rear line: 30 feet.

(c) Distance to other buildings: 20 feet.

(d) As to toolsheds only, distance to side line: 15 feet.

(e) As to toolsheds only, distance to rear line: 15 feet.

[1] Editor's Note: See § 142-33.1, for additional standards applicable to accessory buildings.

(3) Maximum requirements (detached dwellings in the RR District):

(a) Building coverage of principal building: 10%.

(b) Building coverage of accessory building(s): 2%.

(c) Impervious surface ratio: 0.15.

(d) Building height: 2 1/2 stories or 35 feet.

(4) Minimum required usable development area. All lots in the RR District shall provide a minimum usable contiguous development area equivalent to or greater than 25,000 square feet; provided, however, that no less than 20,000 square feet within a minimum usable contiguous development area shall be located within the required setbacks for locating a principal building and further provided that the portion of the usable contiguous development area within that principal building envelope shall be of such dimensions that a circle of not less than 100 feet can be scribed within it. No development of structures shall be permitted on existing slopes of 12% or greater. All development shall be designed to minimize disturbance of development sites to the greatest extent practicable. Development shall be designed to minimize disturbance of environmentally sensitive features by locating development and site disturbance within the usable development area to the greatest extent practicable.

(5) Minimum lot areas shall not include lands which are within an existing one-hundred-year floodplain, wetlands, wetland transition areas and lands which have slopes of 25% or greater. Lands with existing slopes of 14% to 24.9% shall not exceed 25% of the permitted lot area. Lands with existing slopes of 10% or greater shall not exceed 50% of the minimum permitted lot area.

F. Three-acre lot size. Rural agricultural development.

(1) Any person desiring to subdivide property in the RR Rural Residential District may elect to apply to the Board for a major subdivision under the following reduced street improvement requirements, provided that each request meets the following criteria, to be determined by the Board:

(a) Every lot in the development shall have a minimum area of three acres and shall have a minimum lot depth of 300 feet, a minimum lot width of 250 feet and a minimum lot frontage of 250 feet.

(b) The design of the development shall blend with the rural agricultural atmosphere of the RR District.

(c) The development will not adversely affect the development of adjacent or adjoining properties.

(d) The proposed local streets will not interconnect with existing or proposed streets in other classifications to form continuous routes. They will be designed to discourage any through traffic, will have the exclusive function of providing access to properties abutting the street and will follow the contours of the land to the greatest extent possible.

(2) If it is determined by the Board that the proposed development conforms to the criteria established for the reduced street requirements, the following reduction in standards and improvements for the local streets only will be allowed:

(a) The right-of-way for all local streets which are entirely within the subdivision shall be 50 feet.

(b) The pavement width for all such local streets shall be reduced to 18 feet, with a stabilized grass shoulder five feet in width on each side thereof.

(c) Subject to approval by this Board in each specific case, surface stormwater drainage may be carried in open ditches either inside or outside the right-of-way of the local streets or in other suitable drainage structures within the right-of-way as may be approved by the Township Engineer.

(d) Curbs will not be required except where grades exceed 5% or other conditions require their installation.

(e) Sidewalks will not be required.

(f) Culs-de-sac may be 1,200 feet in length.

(3) No further subdivision of any lot or lots subdivided under these standards shall be permitted within 50 years from the date of final approval by the Township, regardless of future zoning changes affecting lot area requirements, and a statement to this effect shall be written on all plats submitted to the Township for review and approval, with a filed deed restriction and notification to buyers.

G. Minimum off-street parking. See § 142-41.

H. Curbing and sidewalks shall be provided along all public and private roads. See § 142-47F for street tree requirements.

I. Signs. See § 142-48 for standards.

J. All other applicable general provisions and design standards of Article V shall be met.

K. Cluster residential option. See § 142-31.

L. Planned unit residential development option.

(1) Purpose. The planned unit residential development (PURD) option is intended as a method of preserving land within the Rural Residential District by allowing landowners the option of transferring their right to develop land to the Town Center District or any other district so designated in this chapter and thereby restricting the subject property in perpetuity for agriculture, conservation land or recreation, except as modified herein. This option will preserve land in locations where there is limited infrastructure while directing development to areas most suited for housing and other development within the Township.

(2) Statutory authority. This subsection is established pursuant to the provisions of N.J.S.A. 40:55D-39b for noncontiguous planned unit residential development. See § 142-82 for PURD process.

(3) Eligibility requirements. The following eligibility requirements shall be met in order for an applicant or developer to exercise the planned unit residential development option:

(a) The minimum area of the total of all lands within the noncontiguous PURD shall be six acres exclusive of utility rights-of-way.

(b) The tract shall be designated on the Land Preservation Plan of the Township Master Plan, dated January 2002, or as a formally adopted Priority Open Space Acquisition/Preservation Plan developed in accordance with criteria established by ordinance, as it may be last amended or superseded. The Land Preservation Plan shall be a subplan element of the Master Plan of the Township of Robbinsville and shall be amended or superseded pursuant to the provisions of applicable law.

(c) The tract shall not be subject to existing deed restrictions or other prohibitions on further development or subdivision; or has had its rights to sewer allocation purchased and/or retired.

(d) The tract shall not be owned by a government, government agency, or other political subdivision; a public utility as defined in N.J.S.A. 48:2-13; or an interstate energy transmission company regulated by the Federal Energy Regulatory Commission.

(e) The provisions of this Subsection L(3) shall not apply to the Township in the exercise of its authority pursuant to § 142-83 hereof.

(4) Determination of development credits. The number of development credits to which each landowner is entitled shall be determined by the Land Use Board in accordance with the following calculations:

[Amended 7-20-2022 by Ord. No. 2022-27]

(a) Soil types. Each parcel designated on the Land Preservation Plan has been mapped utilizing the U.S. Department of Agriculture's Soil Conservation criteria for septic suitability based on the soil types surveyed in Mercer County. Each soil has been classified for septic suitability into three categories: slight, moderate and severe limitations. In Robbinsville Township, several soil types have septic suitability ranging from moderate to severe and shall be considered to have severe limitations for the purposes of the determination of development credits. The amount of land for each parcel in each of the three categories is found in the Allocation Table established in Subsection L(6). The calculation for determining credits is based on the zoning in place for each parcel at the time of adoption of this Subsection L and on soil types is as follows:

0.5 credit x acreage with slight septic suitability + 0.3 credit x acreage with moderate septic suitability + 0.05 credit x acreage with severe septic suitability = Standard credits

(b) Bonus credits. In addition to the credits allocated to each parcel based on the limitation for septic system disposal, bonus credits shall be added to the total credits in accordance with the priority ranking number assigned as indicated on an adopted Priority Open Space Acquisition/Preservation Plan in accordance with the following allowances:

[1] Priority Ranking 1 equals 20% of total credits.

[2] Priority Ranking 2 equals 10% of total credits.

[3] Priority Ranking 3 equals no bonus credits.

(c) Regardless of the calculation of credits in Subsection L(4)(a) and (b) hereinabove, each eligible tract within the Rural Residential District and identified on the Land Preservation Plan shall be entitled to a minimum of one credit.

(d) Eligible properties consisting of sufficient acreage shall be entitled to one residual residential lot for every 50 acres of land preserved pursuant to this subsection. The number of residual residential lots associated with any preserved parcel(s) shall not exceed three notwithstanding the total number of preserved acres. The residual residential lots shall comply with all lot area and design standards of the Rural Residential Zone District and shall be located and established by Land Use Board approval. One full credit shall be deducted from the total credits to be transferred from the tract, as a result of the creation of the residual residential lot, and so recorded in the record of transfers.

(5) Appeal of determination of credits. Any landowner or person with an equity interest in property eligible for participation in the PURD option may appeal the allocation of credits in accordance with the procedures set forth below. Any appeal of a credit allocation shall occur prior to the recording of a deed restriction preventing further development of the property in accordance with § 142-82D(2).

[Amended 7-20-2022 by Ord. No. 2022-27]

(a) Notice of appeal. The parcel owner shall submit a properly completed notice of appeal and required application and review fees to the Land Use Board Secretary. The notice shall include the following information:

[1] Date of appeal.

[2] Name(s) and mailing address(es) of all property owners.

[3] Copy of the latest deed to the property.

[4] Title report if so requested by the Planning and Zoning Administrative Officer if reason exists to believe that the property is the subject of a development restriction.

[5] Block and lot number(s) of the tract parcel(s).

[6] Acreage of parcel(s) pursuant to Tax Map or property survey.

[7] Number of credits assigned to the parcel pursuant to the Allocation Table[2] and number requested by the applicant.

[2] Editor's Note: The Allocation Table is on file in the Township offices.

[8] Supporting documentation which fulfills the requirements of the appeal process as set forth in Subsection L(5)(b) hereinbelow.

[9] Signature of applicant(s) and landowner(s), if different from applicant.

[10] The appeal shall be publicly noticed in the same manner as notices for other applications for development in accordance with N.J.S.A. 40:55D-12.

(b) Conceptual subdivision plan required. In order to appeal the allocation of credits, a conceptual subdivision plan conforming to submission requirements of the conceptual subdivision checklist and the Rural Residential District yard and lot layout standards without variance shall be submitted. Percolation test results shall be submitted and approved by the Robbinsville Township Board of Health certifying the viability for each proposed building lot for on-lot effluent disposal. The Land Use Board shall determine the lot yield for the tract within the time for action required of a preliminary subdivision application pursuant to N.J.S.A. 40:55D-48c, once a complete application has been submitted. Each lot that the Land Use Board finds to be without variance and certified by the Board of Health shall be assigned one credit and the total of all credits for the subject property recorded in the Allocation Table.[3]

[3] Editor's Note: The Allocation Table is on file in the Township offices.

(c) Appeal of Land Use Board decision. Appeal of a Land Use Board decision in the determination of the allocation of credits shall be made to a court of competent jurisdiction as provided for by law.

(6) Allocation table and record of transfers.

(a) The Department of Planning and Zoning, or another agency designated by the governing body of the Township, shall keep and record the number of credits assigned to each parcel of land, whether determined by formula or by appeal, in the Allocation Table (attached hereto as Exhibit A)[4] and as amended from time to time as established in Subsection L(6) and incorporated herein by reference. The Allocation Table shall also include the block and lot number(s) of the subject land, property owner's name, property address, total area of land, and percentages of land with soils of severe, moderate and slight constraints for use of on-site effluent disposal as determined in Subsection L(4)(a). The Allocation Table shall be updated whenever the Land Use Board approves an appeal or by decision of a court of competent jurisdiction. The Allocation Table shall be a public record.

[Amended 7-20-2022 by Ord. No. 2022-27]

[4] Editor's Note: The Allocation Table is on file in the Township offices.

(b) The Municipal Clerk shall mark each transfer of credits from the sending parcel to the receiving parcel in a record of transfers. The record of transfers shall include the block and lot number(s) to which credits shall be transferred from and to, the respective landowners and their addresses, the transferring entity, and the use of credits by date, number, and any other information deemed pertinent by the administrative officer or its designee. The record of transfer shall be a public record.

(c) The actual transfer of credit shall take place only after approval and fulfillment of all conditions of the PURD required by the board of jurisdiction and recording of an easement preventing future development in accordance with the provisions of § 142-82D(1). No residual credits shall remain attached to the land in the Rural Residential District that is the subject of the PURD transfer once the transfer is complete except for the residual residential lot(s) created pursuant to Subsection L(4)(d) hereof.

(7) Partial credit. A landowner may elect to include only a portion of the total parcel within the PURD tract area for the purposes of transferring credits to the Town Center Districts under the following requirements:

(a) The minimum area for the transfer parcel shall be six contiguous acres and shall include frontage on an existing street. The precise amount of frontage to be included in the tract area shall be determined on a case-by-case basis. Parcels to be preserved due to environmentally sensitive conditions or with the intent of being preserved in conjunction with other parcels to be preserved on contiguous tracts may be exempted from the frontage requirement by the Land Use Board.

[Amended 7-20-2022 by Ord. No. 2022-27]

(b) The part to be transferred shall constitute a minimum of 50% of the total tract area within the Rural Residential District.

(c) The number of credits to be transferred shall be determined pursuant to a conceptual subdivision plan on the land area so designated for transfer pursuant to the appeal process of Subsection L(5).

(8) Use of land after transfer. Land included in the rural agricultural preservation portion of the PURD shall be deed restricted to the following allowed uses:

(a) Public open space dedicated to a government or land trust; however, nothing shall be construed by this subsection to require the dedication of the land for public open space.

(b) Agricultural uses as defined by § 142-7 and all other activities specifically permitted by the New Jersey Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

(c) Permissible improvements allowed in conjunction with the principal use of Subsection L(8)(a) hereinabove are as follows:

[1] Playground and recreation equipment, athletic fields, nature and fitness trails with ancillary parking and rest room facilities.

[2] Equipment and maintenance building not exceeding 1,000 square feet in area.

[3] Installation of underground utilities, headwalls and end walls, but not to include stormwater management basins.

[4] Widening of existing street rights-of-way by a governmental agency.

(d) Permissible improvements allowed in conjunction with the principal use of Subsection L(8)(b) hereinabove are as follows:

[1] Farmstead in accordance with the provisions of Subsection L(9).

[2] All improvements permitted by the New Jersey Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

(9) Retention of existing house and farmstead. Landowners desiring to retain an existing single-family detached house or farm stand on land proposed for transfer of credits shall meet the following requirements:

(a) The applicant may simultaneously file an application for minor subdivision approval with that of the PURD application to create a lot for the existing residence or farmstead. The minor subdivision application shall not be subject to the creeping subdivision provisions of the definition of minor subdivision whereby any second subdivision of land subsequent to 1967 involving the same tract shall be deemed a major subdivision.

(b) The lot proposed for subdivision containing the existing single-family detached house or farmstead shall meet the minimum standards for lots within the Rural Residential District (See § 142-13E.), but shall not exceed four acres in area.

(c) The applicant in the alternative may seek to have the existing single-family detached house or farmstead and surrounding area, not to exceed four acres, treated as an exception from the deed restriction imposed on the remainder of the preserved tract or part thereof.

(d) The newly created lot for the existing residence or farmstead shall be deed restricted from further subdivision.

(e) One full credit shall be subtracted from the total credits to be transferred from the tract and so recorded in the record of transfers.

§ 142-14 RR-T2 Rural Residential — Transition District.

A. Preamble. The Rural Residential — Transition District is intended to permit conventional single-family development on one-acre lots or optional single-family cluster development on a minimum of twenty-thousand-square-foot lots, provided that public sewer and water service are available. In the event that public sewer and water cannot be provided, the district may be developed in accordance with the RR District standards.

B. Principal permitted uses.[1]

(1) Conventional detached single-family residential development as provided in Subsection K below.

(2) Residential cluster development of detached single-family dwellings as provided in Subsection K below.

[1] Editor's Note: Former Subsection B(1), which permitted uses allowed in the RR District in the RR-T2 District, was repealed 11-14-2024 by Ord. No. 2024-40. This ordinance also redesignated former Subsection B(2) and (3) as Subsection B(1) and (2).

C. Accessory uses. All accessory uses permitted in the RR District shall also be permitted in the RR-T2 District.[2]

[2] Editor's Note: Former Subsections D, Conditional uses, E, Area and yard requirements, and F, Three-acre lot size, were repealed 11-14-2024 by Ord. No. 2024-40. This ordinance also redesignated former Subsections G through K as Subsections C through H.

D. Minimum off-street parking. See § 142-41.

[Amended 11-14-2024 by Ord. No. 2024-40]

E. Curbing and sidewalks shall be provided along all public and private roads. See § 142-47F for street tree requirements.

[Amended 11-14-2024 by Ord. No. 2024-40]

F. Signs. See § 142-48 for standards.

G. All other applicable general provisions and design standards of Article V shall be met.

H. Single-family development. The development of detached single-family dwellings as a conventional development or as a residential cluster shall be a permitted use in the RR-T2 Zone by adhering to the following standards:

(1) A subdivision consisting of single-family detached dwellings at a maximum gross density of 0.87 unit per acre shall be permitted as either a conventional development or, alternatively, as a residential cluster in accordance with the standards set forth in Subsection K(4), below, provided that public water and sewer service are available on the lots.

(2) Where an application is made for a residential subdivision pursuant to Subsection H above, the developer shall be responsible for the cost of extending public water to the lots.

[Amended 11-14-2024 by Ord. No. 2024-40]

(3) In lieu of payment for water services as described in Subsection K(2), above, a subdivision of single-family detached dwellings as either a conventional development, or, alternatively, as a residential cluster at a maximum gross density of 0.82 unit per acre, and in accordance with the standards set forth in Subsection K(4) below.

(4) Minimum development requirements.

(a) Conventional development of detached single-family residential dwellings.

[1] All dwelling units shall be connected to public sanitary sewer and water systems.

[2] No dwelling unit shall front on an arterial or collector road.

[3] Minimum requirements for principal buildings.

[a] Lot area: one acre (43,560 square feet).

[b] Lot frontage: 200 feet.

[c] Lot width: 200 feet.

[d] Lot depth: 200 feet.

[e] Side yard, each: 35 feet.

[f] Front yard: 60 feet.

[g] Rear yard: 50 feet.

[4] Minimum requirements for accessory buildings. (See § 142-33.1 for additional standards applicable to accessory buildings.)

[a] Distance to side line: 20 feet.

[b] Distance to rear yard: 20 feet.

[c] Distance to other buildings: 20 feet.

[5] Maximum requirements.

[a] Building coverage of principal building: 10%.

[b] Building coverage of accessory buildings: 3%.

[c] Building height: 2 1/2 stories or 35 feet.

[d] Impervious surface ratio: 0.20.[3]

[3] Editor's Note: Former Subsection H(4)(a)[6], Minimum off-street parking, [7], Curbing and sidewalks, [8], Signs, [9], Street tree requirements, and [10], which required other applicable provisions and standards of Art. V to be met, was repealed 11-14-2024 by Ord. No. 2024-40.

(b) Cluster residential development.

[1] A minimum tract size of 99 acres is required.

[2] Lot area: 20,000 square feet. The minimum cluster lot area shall not include lands which are within an existing one-hundred-year floodplain, wetlands, wetlands transition areas or lands which have slopes of 25% or greater. Lands with existing slopes of 14% to 24.9% shall not exceed 25% of the permitted lot area. Lands with an existing slope of 10% or greater shall not exceed 50% of the minimum permitted lot area. All lots shall provide a usable contiguous development area for residential uses equivalent to or greater than 20,000 square feet. No development of structures shall be permitted on existing slopes of 12% or greater. All development shall be designed to minimize disturbance of development sites to the greatest extent practicable.

[3] Lot frontage: 100 feet, except that on a curved alignment with an outside radius of less than 500 feet, lot frontage may not be less than 75% of the required minimum lot width. On a corner lot, the lesser of the two street frontages shall be considered the lot frontage and shall meet the minimum frontage requirements.

[4] Lot width: 125 feet, except that not more than 15% of the building lots in a residential cluster may have a lot width of 120 feet.

[5] Lot depth: 150 feet.

[6] Front yard: 50 feet.

[7] Rear yard, principal buildings or structures: 40 feet.

[8] Rear yard, accessory buildings or structures: 20 feet.

[9] Side yard: 20 feet.

[10] Open space requirements. See § 142-31C through H.

[11] No dwelling unit shall front an arterial or collector road.[4]

[4] Editor's Note: Former Subsection H(4)(b)[12], Street tree requirements, and H(5), Toolsheds, was repealed 11-14-2024 by Ord. No. 2024-40.

§ 142-15 RR-T1 Rural Residential — Transition District.

A. Preamble. The RR-T1 Rural Residential Transition District is intended to serve as a transition to the RR Rural Residential District (0.5 unit per acre). Development is permitted as of right in the RR-T1 District in accordance with the RR Zone standards. Development at an increased density is permitted as a conditional use if public water and sewer service is provided. Conditional use development may be permitted either as a conventional development on a minimum of one-acre lots or single-family residential clusters on a minimum of twenty-five-thousand-square-foot lots or lots with an average lot size of 25,000 square feet.

B. Principal permitted uses.

(1) Single-family detached dwellings in accordance with the standards set forth for the RR District.

C. Accessory uses.

[Amended 11-14-2024 by Ord. No. 2024-40]

(1) Private residential swimming pools and sports courts. See §§ 142-51 and 142-52.

(2) Fences and walls, provided that no fences or walls for the containment of ponies, horses, cows, sheep, fowl or other farm livestock shall be located within 100 feet of any property or street right-of-way line. See § 142-36 for additional standards.

(3) Private residential toolsheds not to exceed 12 feet in height measured to the highest point in the roof line or eight feet measured to the top of the highest sidewall and not greater than 300 square feet in area; provided, however, that not more than one such toolshed per lot shall be a permitted accessory building.

(4) Campers, travel trailers, boats and other movable property, to be parked or stored in rear or side yards only, at least 20 feet from the rear and side property line. The dimensions of any camper or travel trailer shall not be counted in determining total building coverage, and such vehicles shall not be used for temporary or permanent living quarters while situated on a lot.

(5) Off-street parking and private garages.

(6) Satellite antenna dishes shall be permitted in the side or rear yard only within the side and rear yard setbacks, and shall not be mounted on any structure, but shall be permanently located on the ground.

(7) Home occupations. See § 142-33.1C.

(8) Amateur radio antennas and antenna support structure.

D. Area and yard requirements.

[Amended 11-14-2024 by Ord. No. 2024-40]

(1) Minimum requirements for principal building:

(a) Lot area: 25,000 square feet.

(b) Lot frontage: 125 feet.

(c) Lot width: 125 feet.

(d) Lot depth: 150 feet.

(e) Front yard: 50 feet.

(f) Side yard: 25 feet.

(g) Rear yard: 40 feet.

(2) Minimum requirements for accessory buildings: (See § 142-33.1 for additional standards applicable to accessory buildings.)

(a) Distance to side line: 10 feet.

(b) Distance to rear line: 10 feet.

(c) Distance to other buildings: 20 feet.

(3) Maximum requirements:

(a) Building coverage of principal building: 12%.

(b) Building coverage of accessory building(s): 3%.

(c) Building height: 2 1/2 stories or 35 feet.

(d) Impervious surface ratio: 25%.

§ 142-16 R1.5 Low Density Residential District.

A. Preamble. The district is a transition to the medium-density zones from lower-density districts and recognizes, in part, the existing land use patterns and coordinates future land use with public sewer and water service. This zone requires that public water and sewer be utilized.

B. Principal permitted uses on the land and in buildings.

(1) Farms, as defined in § 142-108L, provided that if ponies, horses, cows, sheep, fowl, or other farm livestock are kept on the farm, then in that event the farm shall provide a building for the shelter and care of the animals in accordance with § 142-33D of this chapter, and all such livestock shall be contained within fenced areas.

(2) Single-family detached dwelling units.

(3) Public playgrounds, conservation areas, parks and public-purpose areas.

(4) Public and parochial schools and colleges for academic instruction on a minimum of five acres.

(5) Cluster residential development in accordance with the provisions of this chapter.

C. Accessory uses and buildings permitted are as follows:

(1) Greenhouses are a permitted accessory use and structure, provided that the aggregate square footage of all structures situated on the site does not exceed 55,000 square feet or 15% coverage of the total lot area, whichever is less, and only on lots of five acres or more.

(2) Landscape contracting, tree pruning services, firewood processing, wood mulches and sales of products grown on the site are permitted accessory uses, provided the activities are subordinate to the permitted primary use of the site, including, but not limited to, a farm, forest tract or nursery, with a minimum lot size of five acres.

(3) Structures used for private and commercial horticultural, agricultural or forestry purposes, exclusive of greenhouses and stables.

(4) The keeping of horses, ponies, cows, sheep, fowl or other farm livestock in those areas classified as farms.

(5) The keeping of horses, ponies, cows, sheep, fowl, or other farm livestock, with a minimum of five acres for the first two animals, and only in fenced areas.

(6) Noncommercial dog kennels housing not more than three dogs, provided that no building or outside enclosures shall be permitted within 100 feet of any lot line.

(7) Private residential swimming pools and sports courts. See §§ 142-51 and 142-52 for additional standards.

[Amended 11-24-2021 by Ord. No. 2021-29]

(8) Fences and walls, provided that no fences or walls for the containment of ponies, horses, cows, sheep, fowl or other farm livestock shall be located within 100 feet of any property or street right-of-way line. See § 142-36 for additional standards.

(9) Private residential toolsheds not to exceed 12 feet in height measured to the highest point in the roofline nor eight feet measured to the top of the highest sidewall and not greater than 200 square feet in area; provided, however, that not more than one such toolshed per lot shall be a permitted accessory building.

(10) Campers, travel trailers, boats and other movable property, to be parked or stored in the rear yard only, at least 20 feet from each side and rear property line. The dimensions of any camper or travel trailer shall not be counted in determining total building coverage, and such vehicles shall not be used for temporary or permanent living quarters while situated on a lot.

(11) Off-street parking and private garages.

(12) Satellite antenna dishes shall be permitted in the side or rear yard only, within the side and rear setbacks, and shall not be mounted on the structure, but shall be permanently located on the ground.

(13) Home occupations. See § 142-33.1C.[1]

[1] Editor's Note: Former Subsection C(14), regarding amateur radio antennas and antenna support structures, which immediately followed this subsection, was repealed 11-14-2024 by Ord. No. 2024-40.

D. Conditional uses.

(1) House of worship. See § 142-61M.

E. Area and yard requirements for detached dwellings in the R1.5 District (with public water and public sewerage).

(1) Minimum requirements for principal buildings:

(a) Lot area: 30,000 square feet.

(b) Lot frontage: 150 feet.

(c) Lot width: 150 feet.

(d) Lot depth: 150 feet.

(e) Side yard, each: 25 feet.

(f) Front yard: staggered setback ranging from 45 feet to 65 feet. [Note: All lots which must front on arterial or primary collector roads shall provide a front yard of at least 75 feet.]

(g) Rear yard: 40 feet.

(2) Minimum requirements for accessory buildings:[2]

(a) Distance to side line: 20 feet.

(b) Distance to rear line: 20 feet.

(c) Distance to other buildings: 20 feet.

(d) As to toolsheds only, distance to side line: 10 feet.

(e) As to toolsheds only, distance to rear line: 10 feet.

[2] Editor's Note: See § 142-33.1 for additional standards applicable to accessory buildings.

(3) Maximum requirements:

(a) Building coverage of principal building: 12%.

(b) Building coverage of accessory building(s): 3%.

(c) Building height: 2 1/2 stories or 35 feet.

(d) Impervious surface ratio: 0.25.

(4) Minimum required usable development area. All lots in the R1.5 District shall provide a minimum usable contiguous development area within the required setbacks equivalent to or greater than 10,000 square feet. The usable contiguous development area shall be of such dimensions that a circle not less than 60 feet in diameter can be scribed within it. No development of structures shall be permitted on existing slopes of 12% or greater. All development shall be designed to minimize disturbance of development sites to the greatest extent practicable. Development shall be designed to minimize disturbance of environmentally sensitive features by locating development of site disturbance within the usable development area to the greatest extent practicable.

(5) Minimum lot area shall not include lands which are within an existing one-hundred-year floodplain, wetlands, wetland transition areas and lands which have slopes of 25% or greater. Lands with existing slopes of 14% to 24.9% shall not exceed 25% of the permitted lot area. Lands with existing slopes of 10% or greater shall not exceed 50% of the minimum permitted lot area.

F. Minimum off-street parking. See § 142-41.

G. Curbing and sidewalks shall be provided along all public and private roads. See § 142-47F for street tree requirements.

H. Signs. See § 142-48 for standards.

I. All other applicable general provisions and design standards of Article V shall be met.[3]

[3] Editor's Note: Former Subsection J, Cluster residential option, which immediately followed this subsection, as amended, was repealed 11-14-2024 by Ord. No. 2024-40.

§ 142-16.1 R1.5 PVD Planned Village Development.

[Added 11-14-2024 by Ord. No. 2024-40]

A. Preamble.

(1) The purpose of this option is:

(a) To encourage innovation in design and reflect changes in land development technology.

(b) To provide for necessary commercial facilities and services.

(c) To provide for new higher-density housing.

(d) To recognize the existing approval for Foxmoor, including housing for low- and moderate-income households.

(e) To ensure compatibility among land uses.

(f) To encourage the highest quality urban design and architecture.

(g) To conserve the value of land.

(h) To encourage more efficient use of land, public services and facilities.

(i) To encourage better movement and transportation of people.

(j) To prevent strip commercial development.

(k) To encourage attractive and safe residential neighborhoods.

(l) To preserve the residential integrity of adjacent areas.

B. Permitted uses.

(1) Single-family detached dwellings, including zero lot line dwellings, on small lots. Single-family semidetached dwellings, such as patio homes and duplexes, on small lots.

(2) Multifamily residential structures and townhouses including and encouraging a variety of housing types and styles.

(3) Public and quasi-public uses, including public schools, churches, firehouses, first-aid stations, nursing homes and day-cate centers.

C. Accessory uses.

(1) Playgrounds.

(2) Conservation areas.

(3) Parks and public purpose uses.

(4) Sports courts.

(5) Public swimming pools.

(6) Off-street parking.

(7) Fences.

(8) Garages to house delivery trucks or other commercial vehicles.

(9) Detached garages and other customary accessory buildings or structures with single-family detached and semidetached dwellings on small lots.

D. Standards.

(1) No planned residential development under this subsection shall take place except upon tracts of land having a minimum of 50 contiguous acres with sufficient access to existing municipal, county and state roads/highways or roads/highways proposed as part of the planned village residential development, and which would interconnect the PVD Zone to existing county, state and municipal roads/highways and which is located in an area with available public sanitary sewers and public water.

(2) PVD developments must be located on land environmentally suitable for development, or suitably prepared for development, and shall meet the requirements of the Master Plan. Development on floodplains must meet New Jersey Department of Environmental Protection Standards Flood Hazard Area regulations, as may be amended from time to time. No development will be allowed on wetlands.

(3) PVD development must provide convenient linkages between existing mass transportation transfer points and pickup points that are within a five-minute walking distance from all residential units. 250 feet per minute is considered as optimum walking distance time. Bus stops and bus lanes, as appropriate, shall be incorporated into PVD developments to connect residential units directly to local and regional job locations.

(4) In the event that any subdivisions are required of properties in the Planned Village Development Zone, applicants may apply for such subdivisions simultaneously with the application for development for the PVD property.

(5) The overall tract density of the PVD development area is limited to a maximum of six dwelling units per acre, excluding any 100-year floodplains and any inland wetland or transition areas identified by the U.S. Department of the Interior or the U.S. Army Corps of Engineers.

(6) No less than 25% of the lot area must be open space to include active and passive recreation, civic and public plaza square for use of the residents.

(7) No more than 30% of the lot area of the PVD development shall be covered by buildings or structures, including parking structures; no more than 65% shall be impervious coverage, including buildings, parking and roads.

(8) No building shall exceed three stories in height.

(9) No aboveground structure shall be located within 50 feet of any PVD site boundary line or within 75 feet of the right-of-way line of any existing street or road, except for a major highway where the setback shall be 100 feet.

(10) No parking lot shall be located closer than 20 feet to a PVD site boundary line.

(11) Where any PVD development abuts a nonresidential use or is immediately adjacent to single-family detached homes, a fifty-foot landscaped buffer of deciduous and coniferous plant materials shall be installed forming a 100% visually impervious buffer at a minimum height of eight feet, and maintained at a minimum height of not less than 15 feet. Such a buffer area is required to shield adjacent residential areas from parking lot illumination, headlights and fumes and to diminish the visual encroachment of residential privacy and residential neighborhood characteristics. Buildings within 200 feet of adjacent residential zones shall not exceed 36 feet in height not including chimneys.

(12) Buffer areas shall be measured horizontally and at right angles to either a straight lot or street lines or the tangent lines of curved lot or street lines. No above-surface structure or activity, storage or materials or parking of vehicles shall be permitted in the buffer area. All buffer areas shall be planted and maintained with grass or groundcover, together with a dense scree of trees, shrubs or other plant materials meeting the following requirements:

(a) Plant materials use in screen planting shall be at least six feet in height when planted and be of such density as determined appropriate for the activities involved. The plant materials shall be of a species common to the area, be of nursery stock and shall be free of insects and disease.

(b) Buffer areas shall be permanently maintained, and plant material, which does not live, shall be replaced within one year or one growing season.

(c) The screen planting shall be placed so that at maturity the plant material will be no closer than three feet from any street or property line.

(d) The buffer area shall not be broken unless specifically approved by the Board.

(e) Landscaping in parking areas shall be specified in accordance with the provisions of § 142-41.

(f) The Board, at its discretion, may consult with a licensed landscape architect regarding the appropriateness of the landscaping plan as it relates to the physical characteristics of the site.

(g) Landscaping to conserve energy shall include the planting of evergreen windbreaks to block northwest winds in the winter and the southwest facades of buildings with low-growing deciduous shade trees to block summer sun.

(13) Any part of the PVD development not used for structures, roadway loading accessways, parking or pedestrian walks shall be landscaped with grass, trees and shrubs as designed by a licensed landscape architect.

(14) Lot and setback requirements.

(a) Minimum frontage on any major county or state highway or arterial shall be 300 feet.

(b) An attached group of buildings may be considered as one building in applying any standards contained in this section.

E. Parking. Parking shall be provided to meet Residential Site Improvement Standards.

F. Signs.

(1) Each PVD development may have two double-faced, freestanding, externally illuminated signs not exceeding six feet in height, measured from ground level, nor 20 square feet in area, not closer than 100 feet to each other.

(2) All freestanding signs shall be set back a minimum of 20 feet from the street right-of-way. Signs shall be constructed so as not to interfere with safe sight distance.

G. Small lot detached and semidetached single-family dwelling.

(1) Bulk standards.

(a) Maximum gross density: 3.75 dwelling units per acre.

(b) Minimum lot area: 4,500 square feet. The average lot area for small lots shall be a minimum of 5,000 square feet.

(c) Minimum corner lot area: 4,800 square feet.

(d) Minimum lot frontage: 50 feet for rectilinear lots and 30 feet for pie-shaped lots.

(e) Minimum lot width: 50 feet at rectilinear lots. Corner lots shall be 60 feet (except where lot width is reduced due to curves or chamfering of the right-of-way at street intersections). Minimum lot width at front building line shall be 50 feet at rectilinear lots, and 45 feet at corner pie-shaped lots. At least 60% of the total number of lots shall have a minimum lot width of 55 feet at the building setback line.

(f) Minimum lot depth: 90 feet.

(g) Minimum front yard. [Note: Lots with two street fronts shall be considered to have two front yard setbacks.]

[1] Principal building: 10 feet.

[2] Side entry garage, attached or detached: 10 feet at nonaccess side.

[3] Front entry garage, attached or detached: 20 feet.

[4] Accessory buildings: 20 feet.

(h) Minimum side yard.

[1] Zero feet, on any one side, for principal building with five-foot-wide access and maintenance easement on adjacent lots, along the length of the principal building. Not more than 40% of the single-family detached dwellings in the small lot development shall have a zero-foot side yard.

[2] Zero feet, on any one side for a detached garage with a five-foot-wide access and maintenance easement on the adjacent lots, when such garage or building is freestanding. Not more than 40% of the single-family detached dwellings in the small lot development shall have detached garages with zero-foot side yards.

[3] Minimum combined side yard setback for both side yards on a lot shall be 12 feet for principal building and attached garage.

[4] Side entry garage doors shall have a minimum side yard setback of 28 feet.

[5] Excepting for single-family semidetached units, the minimum spacing between principal buildings shall be 10 feet.

[6] Excepting for single-family semidetached units and zero lot line units, all other lots shall have a minimum side yard setback of five feet on each side.

(i) Minimum rear yard.

[1] Principal building and attached garage: 20 feet.

[2] Detached garage: zero feet with a five-foot access and maintenance easement provided on adjacent lots, when such garage is freestanding.

(j) Maximum impervious coverage.

[1] Lots containing homes with attached garages facing the street are permitted a maximum impervious coverage of 60%.

[2] Lots containing homes with detached garages are permitted a maximum coverage of 65%, provided the front yard setback of the garage is a minimum of 50 feet.

(k) Maximum building coverage: 50%.

(l) Maximum habitable floor area ratio shall be 0.5 excluding basements.

(m) Maximum building height: 2 1/2 stories, but not to exceed 35 feet measured from the average finished grade at the outside corners of the building.

(n) Swimming pools shall be prohibited.

(o) The terms and conditions of all easements imposed on lots shall be subject to the approval of the Land Use Board prior to the execution of the final subdivision map for any section of the development. Such easements shall provide for proper enforcement by a homeowners' association and shall be disclosed in all contracts for sale.

(2) Design standards.

(a) Site standards.

[1] Community park areas, as defined in this Subsection G(2)(a)[1], shall be provided within the small lot single-family community at a ratio of 300 square feet per dwelling unit. Community parks shall consist of small parcels of land within or adjacent to street rights-of-way, which are owned and maintained by a homeowners' association, and which shall be for the common use and enjoyment of the public. These parks shall be suitably improved and landscaped, and may include seating, play areas and lawn areas. The improvements and landscaping to be provided in areas designated as community parks shall be subject to Land Use Board approval.

[2] No wetlands, wetlands transition areas, if any, and/or 100-year floodplains shall be located within the building lots or park areas.

[3] Tract buffers, except along existing roads, required under Subsection D(11) may be reduced to 25 feet if a minimum 60% solid nonmetallic fence at least five feet in height is provided along the interior of the buffer line and not closer than 24 feet to the common tract boundary line where the buffer is required and the 24 feet is planted with a mixed natural landscaping of trees and shrubs.

(b) Building standards.

[1] Portions of covered porches or entryways may intrude into any yard setback, provided such porch or entryway does not protrude more than five feet into such setback, and that such area of protrusion is less than 40 square feet.

[2] Roof overhangs, eaves, chimneys, entry porches or portico roofs may protrude into any side yard setback, provided that in no case shall such protrusion be closer than seven feet to the property line.

[3] On lots where there is no tract buffer contained in the rear yard, uncovered rear yard decks or patios may protrude into the rear yard setback a maximum of up to 1/2 of the rear yard setback.

[4] On lots where a full fifty-foot tract buffer is contained in the rear yard, uncovered rear yard decks or patios may protrude into the tract buffer in the rear yard, a distance no greater than 15 feet, provided that such deck or patio area protruding into the tract buffer shall not exceed 250 square feet.

[5] Except where a walkout basement is below a deck, first-story decks shall be no more than 35 inches above the average finished grade under the deck and no greater than 48 inches at any one location.

[6] First-floor decks shall only be permitted above walkout basements where such decks face onto rear yards and the lot abuts common open space.

[7] Look alike requirements. The requirements of § 142-34 of this chapter, pertaining to appearance of buildings, are hereby modified to govern said building appearance in developments which contain small lot single-family dwellings, as follows:

[a] No two detached homes of the same basic floor plan style shall be constructed within 50 feet of each other (measured as the distance between the two closest street property lines of the respective properties), unless there is substantial differentiation on the front (street facing) elevation consisting of at least two of the following features:

[i] The roofs are varied in style, i.e., gable vs. hip;

[ii] The design and location of windows are different, i.e., bay windows vs. single windows;

[iii] The front entry is different, i.e., covered entry porch with railing vs. uncovered entry patio;

[iv] For homes with attached garages, a side entry garage vs. a front entry garage; and

[v] The exterior materials of at least 50% of the front facades of the homes are different, i.e., stone vs. brick vs. horizontal siding.

[b] For small lot single-family developments which consist of between one and 30 lots, there shall be a minimum of three different base model type homes offered for sale. For developments which consist of between 31 and 60 lots, there shall be a minimum of four base model type homes offered for sale. For developments which consist of between 61 and 90 lots, there shall be a minimum of five base model type homes offered for sale. For each additional 50 lots above 90 in any development or section thereof, there shall be one additional base model type home offered for sale. Each such base model type home offered for sale in any development shall have at least two alternative front elevations which contain features different from each other, as set forth above.

[c] To ensure conformity with the provisions of this subsection, upon commencement of construction of the first dwelling in any small lot single-family development or section thereof, the developer shall provide the Construction Official with a map of the development which indicates the base model home type and elevation of the said home to be built. This map shall be updated by the developer upon each subsequent building permit application to the Construction Official.

[d] The provisions, requirements and standards heretofore set forth shall not be considered satisfied where there is an attempt to make minor changes or deviations from the building plans and location surveys, which changes show an obvious intent to circumvent the purpose of this section.

[e] The board of jurisdiction may grant relief from the provisions of this subsection G(2)(b)[7].

[f] The provisions of this subsection G(2)(b)[7] shall not apply to semidetached dwelling units.

[8] Dwelling windows on the zero-lot line side of a home shall not be directly across from dwelling windows of the adjoining building, and such windows shall be offset from one another by at least five feet for privacy.

[9] Finished first floors of dwellings shall be set based upon the following criteria:

[a] Front yard setback of 10 feet to 14.99 feet; finished floor will be set no higher than four feet above the highest curb elevation along the frontage of the building lot.

[b] Front yard setback of 15 feet to 19.99 feet: finished floor will be set no higher than 4.5 feet above the highest curb elevation along the frontage of the building lot.

[c] Front yard setback of 20 feet and greater: finished floor will be set no higher than five feet above the highest curb elevation along the frontage of the building lot.

[10] Basements may have walkout access if significant grading of the natural topography is not required.

[11] Any two homes on adjacent lots may share a common zero lot line setback, thereby forming two semidetached dwellings with one dwelling unit on each lot. In such cases, all other applicable small lot detached standards shall apply.

[12] Each lot shall provide off-street parking for four cars; two of the four spaces may be provided in a garage. Conversions of garages to other uses are prohibited where the garage is needed to satisfy the off-street parking requirement. To qualify as two off-street parking spaces, a single-lane driveway shall be at least 40 feet in length as measured from the right-of-way, and a double-wide driveway shall be at least 20 feet in length and 18 feet wide.

(c) Fence standards.

[1] Fences in front yards shall not exceed three feet in height and shall be less than 60% solid.

[2] Fences in side yards, which are located behind the front yard setback line, and in rear yards may be a maximum of five feet in height, and must be made of nonmetallic material, not less than 60% solid.

(d) Streets and driveways.

[1] Driveways shall be a minimum width of nine feet.

[2] Driveways may be shared by adjacent lots. Shared driveways shall be a minimum of 10 feet in width. Cross-access easements shall be provided for adjacent lot driveways when necessary for suitable turning movements. No more than 20% of the lots shall be serviced by shared driveways. Shared driveways shall be maintained by a homeowners' association.

[3] Driveway access shall be provided from a residential access street which has a fifty-foot right-of-way and, when designated for two-way traffic, a twenty-eight-foot-wide paved roadway with parking permitted on at least one side.

[4] Four-foot-wide sidewalks shall be required on both sides of residential access streets.

[5] Access court turnarounds providing driveway access to lots may be designated for one-way traffic, in which case the paved cartway may be reduced to 20 feet with parking permitted on one side only.

[6] Residential access streets shall have no more than 25 lots per court or 50 lots per loop. Where courts or loops are provided, the Land Use Board may require that a pedestrian easement and pathway be provided to link the street with adjoining streets and/or open space.

[7] On-street parking in areas of residential lots shall provide a minimum of 1/2 parking space per lot for guest use. On-street parking spaces shall be at least 18 feet long with an additional four feet of clear maneuvering area which may include the area in front of driveway curb cuts. The actual location of such on-street parking spaces will be reviewed and approved by the Township Engineer based upon the actual location of driveways.

[8] Residential collector streets shall be used for areas with more than 50 lots but less than a total of 115 lots served by each such collector.

[9] Residential collector streets shall not have any driveway access. A twenty-eight-foot-wide paved cartway within a fifty-foot right-of-way shall be provided. At the Land Use Board's discretion, residential collector streets may be reduced to a 24-foot-wide paved cartway, in which case parking would be prohibited on both sides of the street.

[10] Residential subcollector streets shall have minimal driveway access and a fifty-foot right-of-way. A twenty-eight-foot-wide paved cartway shall be provided with parking allowed on one side. Residential subcollectors shall have a four-foot-wide sidewalk on both sides.

[11] Two residential access streets can intersect, thereby creating a two-leg intersection. The interior angle of the intersecting streets can be no greater than 120° and no less than 90°. The inside curb return shall have a maximum radius of 12 feet. The outside curb return shall have a minimum radius of 25 feet. Where adjoining streets or passive or active open space are located on the exterior of a two-leg intersection, a pedestrian access easement and pathway shall be provided to link the intersection with the adjoining streets and/or open space. The requirement for such pedestrian access easement and pathway may be waived by the Land Use Board if the applicant demonstrates that convenient alternative pedestrian access routes are available, or that unique physical barriers to pedestrian access and circulation exist which cannot be overcome.

H. Attached single-family residential.

(1) Site standards. The following standards shall apply to each attached single-family dwelling unit:

(a) Semidetached dwelling.

[1] Minimum lot area: 2,000 square feet.

[2] Minimum lot frontage: 20 feet.

[3] Minimum lot width: 30 feet.

[4] Minimum front yard: 20 feet.

[5] Minimum side yard: zero feet, other side.

[6] Minimum side yard: 12 feet, other side.

[7] Minimum rear yard: 30 feet.

[8] Maximum lot coverage: 50%.

[9] Maximum number of stories: 2 1/2.

[10] Maximum building height: 35 feet.

[11] Maximum number of dwelling units per building: two.

(b) Duplex dwelling.

[1] Minimum lot area: 2,500 square feet.

[2] Minimum lot frontage: 20 feet per unit.

[3] Minimum lot width: 30 feet per unit.

[4] Minimum front yard: 20 feet per unit.

[5] Minimum side yard: five feet one side; 12 feet other side.

[6] Minimum rear yard: 30 feet.

[7] Maximum lot coverage: 60%.

[8] Maximum number of stories: 3 1/2.

[9] Maximum building height: 35 feet.

[10] Maximum number of dwelling units per building: two.

(c) Attached single-family triplex housing.

[1] Minimum lot area: 1,200 square feet.

[2] Minimum lot frontage: 16 feet per unit.

[3] Minimum lot width: 16 feet per unit.

[4] Minimum front yard: 20 feet.

[5] Minimum exterior side yard: 12 feet, one side.

[6] Minimum interior side yard: zero feet, inside units.

[7] Minimum rear yard: 30 feet.

[8] Maximum lot coverage: 60%.

[9] Maximum number of stories: 2 1/2.

[10] Maximum building height: 35 feet.

[11] Maximum number of dwelling units per building: three.

(d) Attached single-family quadraplex housing.

[1] Minimum lot area: 1,000 square feet.

[2] Minimum lot frontage: 30 feet per unit.

[3] Minimum lot width: 30 feet per unit.

[4] Minimum front yard: 20 feet.

[5] Minimum side yard: zero feet, one side.

[6] Minimum side yard: 18 feet, other side.

[7] Minimum rear yard: zero feet, 40 feet for building.

[8] Maximum lot coverage: 50%.

[9] Maximum number of stories: 2 1/2.

[10] Maximum building height: 35 feet.

[11] Maximum number of dwelling units per building: four.

I. Townhouses.

(1) The architectural character of each dwelling unit shall be compatible in style, size, color and materials with proposed dwelling units in the same PVD development.

(2) Height shall be limited to three stories. Chimney, cupola and similar appurtenances are exempt.

(3) Minimum setback for all structures from any street, public or private, shall be 20 feet. The setback from any common parking area shall be 30 feet from the right-of-way. Minimum setback for all structures from any major thoroughfare or collector road, as defined elsewhere in this chapter, shall be 100 feet. The front yard setback for units with integrally designed garages must be a minimum of 30 feet, including a four-foot sidewalk and a three-foot planting/streetlighting placement strip area. The front yard setback for townhouse units without an attached or integrally designed garage is 15 feet. No parking is allowed in the front yards. All parking shall be located in off-street lots except for guest parking. No parking space assigned to a townhouse unit can be more than 200 feet away from the entrance to that unit. All off-street parking lots should be visually screened with a five-foot high, 90% visually impervious landscape barrier. The required setback between each structure is as follows:

(a) Cornice or eave height of 23 feet or less:

[1] Side yards.

[a] An average of 10 feet, provided that structures have no side windows directly across from one another.

[b] An average of 25 feet in the case of structures with windows directly across from one another.

[2] Front yards.

[a] An average of 40 feet between structures.

[3] Rear yards.

[a] An average of 50 feet between structures.

(b) Cornice or eave height of 24 feet to 45 feet:

[1] Side yards:

[a] An average of 15 feet in the case of structures with no adjacent windows.

[b] An average of 30 feet in the case of structures with adjacent windows.

[2] Front yards.

[a] An average of 50 feet between structures.

[3] Rear yards.

[a] 60 feet between structures.

(4) Parking requirements.

(a) Number of spaces.

[1] One-bedroom: 1.5 spaces.

[2] Two-bedroom: two spaces.

[3] Three-bedroom: 2.25 spaces.

(b) Off-street parking spaces must be a minimum of nine feet by 18 feet and meet all required access and egress standards.

(c) Garages may be considered as one or more parking spaces.

(d) Curbside parking is allowed only to accommodate the number of cars associated with guest parking. All other parking must be off-street.

(e) No parking is allowed in the front yards.

(f) For townhouses, which have an attached or an integrally designed garage, the front yard setback should be sufficient to park one car in the driveway, as well as provide adequate pedestrian circulation space around and between the vehicle. The visual image from the access street of the front yard of the units should not be akin to that of an off-street parking lot.

(5) Units shall be attached in such a manner as to provide maximum safety and privacy for adjoining units.

(6) Not more than 12 dwelling units in any single townhouse structure. They shall be constructed with unified materials, but modulated with individual design details in a manner so as to create individuality.

(7) Townhouse units attached on a single linear plane shall not exceed a length of 120 feet.

(8) The front facades of at least 40% of the number of units in a structure shall be set back not less than 10 feet behind the facades of the remaining units in such structure.

(9) The rooflines of at least 30% of the number of units, which are attached in a structure, shall be staggered in height by not less than 5% of the height of the rooflines of the remaining units in such structure. The roofline should be broken using a combination of two- and three-story townhouses and two-story flats. Chimneys, skylights, dormers, etc., are recommended to vary the visual plan and provide additional light access to upper-story units.

(10) All townhouse structures shall be site planned to allow for fire access.

(11) Where outdoor living space is included for each or any particular unit, it shall be provided with adequate visual screening from all other neighboring dwelling units, outdoor living spaces, parking areas and roadways. Screening may be accomplished with plant materials, masonry structures or wood fencing. Architectural elements, such as masonry walls and fences, shall be compatible in both style and material with the dwelling unit. Each townhouse or ground-floor unit shall have a private rear yard of 200 square feet minimum, which shall be enclosed by means of a four-foot-high wooden fence, hedge, or a combination of both. Second-floor apartments shall have a balcony or outdoor space with a minimum of 60 square feet.

(12) One enclosed, roofed structure for solid waste and storage of maintenance equipment should be provided for each 12 units. This shall be landscaped. The structure shall be compatibly designed to complement the architecture of the adjacent structures. A plan for solid waste disposal shall also be included.

(13) A minimum of 300 square feet of storage shall be provided for each unit in the basement, attic, or other provided area attached to the unit. This area shall include storage for garbage in the front of the unit, bicycles, garden equipment, barbecue equipment and so forth.

J. Apartments.

(1) A combination of unit types, flats, vertical duplexes, townhouses and building configurations, low-rise and high, shall be permitted, in particular to make available smaller units (less than 800 square feet), which respond to the demographic trends of smaller household size, particularly, one- and two-person households, 65 years and older, as well as the younger, single householder.

(2) Low-rise apartment structures should have as many combinations of units as possible of varied sizes with a minimum size of 650 square feet. Grouping of units and access to units must be so designed as to assure a sense of safety and security for the residents, particularly when accessing and egressing vertical circulation elements. Double-loaded, long, rectangular, slab-configured structures are expressly prohibited. The multifamily, low-rise structures should use a combination of flat vertical duplexes to maximize efficiency. All ground-floor units must have a minimum of 200 feet of enclosed rear yard. Each unit above the ground floor must have a balcony or terrace of at least 60 square feet. Access to any unit should not require a vertical assent of over two stories. All stairs must be enclosed in the building.

(3) Parking. Attached low-rise housing must provide parking at the specified ratio of 1.5 cars per one-bedroom unit, two cars per two-bedroom unit, and 2.25 cars per three- or more bedroom units. Guest parking for both high-rise, low-rise and attached townhouse units can be provided at curbsidei on street.

(4) A minimum of 300 square feet of storage shall be provided for each unit, including interior and exterior storage for garbage in the front of the unit, and bicycles, garden equipment, barbecue equipment and so forth in an appropriate location.

K. Required public facilities and improvements.

(1) Parcel size and location of public facilities shall be substantially in accordance with the adopted Master Plan.

(2) All public utilities shall be installed in accordance with the Township Land Management Code:

(a) All PVD development shall be tied into approved and adequate public sanitary sewerage, water systems and stormwater drainage systems.

(b) All water systems shall be looped, of a size and type as approved by the Township Engineer.

(c) All sewerage systems shall be approved by the Township of Robbinsville Utilities Department.

(3) All streets, roads, sidewalks and bikeways shall comply with the configuration and proposed alignments and design standards set forth in Article V.

(4) All roads shall have a planting and utility easement between the curb and the sidewalk of five feet. Street trees shall be planted at an average of forty-foot intervals.

(5) Refuse collection structures shall be provided and shall be located for the occupant's convenience. All such structures shall be compatibly designed with the architecture of the adjacent buildings. A landscaping edge of at least four feet shall surround three sides of this structure planted at a height of at least six feet, with a maximum growth of at least eight feet in height.

(6) A landscaping plan shall be prepared by a licensed landscape architect, and approved by the Land Use Board.

(7) A lighting plan shall comply with § 142-37. Lighting fixtures shall use decorative poles and an architecturally compatible fixture. The maximum height is 12 feet.

(8) Facilities for pedestrians, bicyclists and vehicles.

(a) Pedestrian sidewalks shall be provided throughout the district, interconnecting all units with community facilities and active open space and in such locations, including entrances and exits, where normal pedestrian traffic will occur. Where appropriate, bikeways may be provided instead of sidewalks. Provision of bikeways along streets shall be made upon determination and requirement by the Land Use Board and the Master Plan.

(b) Access to off-street parking areas shall not be through entrances directly abutting streets, but shall be connected to streets by means of access driveways situated between the parking areas and adjacent streets, not less than 20 feet long.

(c) Bike racks shall be provided where there are 24 or more units in a cluster.

(9) All delineated roads on the PVD Master Plan shall be paved and curbed to meet engineering specifications as required by the Township Engineer. All residential collector streets must be at least landscaped with street trees, at a rate of one tree every 40 feet, 2 1/2-inch to three-inch caliper at the time of planting. Sidewalks shall be at least four feet wide. A continuous sidewalk system must be integral to the PVD development linking all residential units to commercial, cultural, transportation, recreation, open space, and schools.

(10) Environmental considerations.

(a) All development in conformity with the Master Plan shall not be required to submit:

[1] Environmental impact statements.

(b) The types of energy to be used to heat, cool, supply power and generally service the development shall be considered. The applicant shall identify measures to reduce energy demands by considering alternatives, such as active and passive solar systems and construction.

L. Phasing. The Land Use Board shall provide for phasing of development in this zone. The phasing schedule shall ensure that development in this zone shall be consistent with the development of infrastructure and supporting services and the sound management of growth in Robbinsville Township.

§ 142-17 H-1 Windsor Historic District — Residential; H-2 Windsor Historic District — Residential.

A. Purpose. The H-1 and H-2 Windsor Historic Districts are intended to maintain the historic character of the Village of Windsor through the preservation of existing historic buildings and to provide for new residential development consistent with the historic character of the Village.

B. For purposes of this section, the following blocks and lots contain key or contributing historic structures as identified on the Windsor Historic District Map on file with the New Jersey Register of Historic Places:

(1) Block 10, Lots 32 through 37, 39 through 42, 45, 48 through 53 and 55.

(2) Block 11, Lots 3 through 5, 7 through 10, 12, 14 through 15, 30 through 31 and 33 through 36.

(3) Block 12, Lots 1 and 3 through 10.

(4) Block 13, Lots 1 through 4, 21, 23, 25 through 26 and 28.

(5) Block 14, Lots 2 through 8, 10, 14 through 15, 52 and 70.

C. Permitted uses.

(1) Single-family detached dwelling units.

(2) Public parks, conservation area and public purpose use areas.

(3) Schools, public.

(4) Houses of worship.

[Added 4-18-2023 by Ord. No. 2023-18]

(a) Each house of worship existing at the time of the adoption of this subsection may contain within the same building a single residence to be used by the staff, members, or volunteers of the congregation. Such residence must satisfy all relevant regulations and codes applicable to similar types of residences.

D. Accessory uses.

(1) Private garages and toolsheds.

(2) Fences (see § 142-36 for general standards).

(3) Home occupation. (see § 142-33.1C).

(4) Cemeteries located on the same parcel as houses of worship.

[Added 4-18-2023 by Ord. No. 2023-18]

E. Conditional uses.

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection E(1), Cemeteries, was repealed 4-18-2023 by Ord. No. 2023-18.

F. Nonconforming uses (see § 142-40B).

G. Area and yard requirements.

(1) See Schedule C for area and yard requirements.[2]

[2] Editor's Note: Schedule C can be found in Appendix A at the end of this chapter.

(2) Nonconforming lots (see § 142-40A).

H. Parking.

(1) Within the H-1 Windsor Historic District, parking shall be provided in the rear of the dwelling unit, and access shall be provided with a driveway a minimum of eight feet in width adjacent to the principal building. Parking may be permitted within one side yard or in the front yard on developed lots if the lot size and location of existing principal and accessory buildings preclude rear yard parking.

(2) Within the H-2 Windsor Historic District, residential parking may be permitted within one side yard or in the front yard in driveways in front of garages.

I. Streetscape.

(1) Streetscape elements shall be provided for major subdivisions and include cast iron or equivalent decorative lamppost at eighty-foot intervals and street trees at forty-foot intervals. Sidewalks shall be a minimum of four feet wide constructed either of brick or textured concrete. Curbing shall be provided on all streets to match any existing granite curbing on the street.

J. Toolsheds. Private residential toolsheds not to exceed 10 feet in height measured to the highest point in the roofline nor eight feet measured to the top of the highest sidewall and not greater than 125 square feet in area; provided, however, that not more than one such toolshed per lot shall be a permitted accessory building.

§ 142-18 VR Village Residential District.

[Amended 7-20-2022 by Ord. No. 2022-27; 11-14-2024 by Ord. No. 2024-40]

A. Principal permitted uses on the land and in buildings.

(1) Multifamily residential structures and townhouses.

B. Accessory uses and structures.

(1) Private residential swimming pools and tennis courts. See §§ 142-33.1E and 142-51.

(2) Fences. See § 142-36.

(3) Sheds.

C. Standards.

(1) An area of minimum contiguous size of 16 acres.

(2) The overall tract density of the VD development area is limited to a maximum of six dwelling units per acre, excluding any one-hundred-year floodplains and any inland wetland areas identified by the U.S. Department of the Interior or the U.S. Army Corps of Engineers.

(3) No less than 20% of the lot area must be open space to include active and passive recreation, civic and public plaza suite for use of the residents.

(4) No more than 30% of the lot area of the VD development shall be covered by buildings or structures, including parking structures; no more than 65% shall be impervious coverage, including buildings, parking and roads.

(5) No building shall exceed two stories in height.

(6) No aboveground structure shall be located within 50 feet of any VD site boundary line or within 75 feet of the right-of-way line of any existing street or road, except for a major highway where the setback shall be 100 feet.

(7) No parking lot shall be located closer than 20 feet from a VD site boundary line.

(8) Where any VR development abuts a nonresidential use or is immediately adjacent to single-family detached homes, a 50-foot landscaped buffer of deciduous and coniferous plant materials shall be installed forming a 100% visually impervious buffer at a minimum height of eight feet, and maintained at a minimum height of not less than 15 feet. This width can be reduced with the provision of a 100% visually impervious screen, fence or wall of permanent material, which is used to separate any contiguous residential zone or residential development. An earth berm of a minimum height of six feet may be constructed in which case the Land Use Board may lessen its requirements for plant materials. The Land Use Board may waive the requirements for buffering if equivalent screening is provided by parks or by topography or other natural conditions. Such a buffer area is required to shield adjacent residential areas from parking lot illumination, headlights and fumes and to diminish the visual encroachment of residential privacy and residential neighborhood characteristics. Buildings within 200 feet of adjacent residential zones shall not exceed 35 feet in height.

(9) Buffer areas shall be measured horizontally and at right angles to either a straight lot or street lines or the tangent lines of curved lot or street lines. No above-surface structure or activity, storage of materials or parking of vehicles shall be permitted in the buffer area. All buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:

(a) Plant materials used in screen planting shall be at least six feet in height when planted and be of such density as determined appropriate for the activities involved. The plant materials shall be of a species common to the area, be of nursery stock and shall be free of insect and disease.

(b) Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.

(c) The screen planting shall be so placed that at maturity the plant material will be no closer than three feet from any street or property line.

(d) The buffer area shall not be broken unless specifically approved by the Board.

(e) Landscaping in parking areas shall be specified in accordance with the provisions of § 142-41 of this chapter.

(f) The Board, at its discretion, may consult with a certified landscape architect regarding the appropriateness of the landscaping plan as it relates to the physical characteristics of the site.

(g) Landscaping to conserve energy shall include the planting of evergreen windbreaks to block northwest winds in the winter and the southwest facades of buildings with low-growing deciduous shade trees to block summer sun.

(10) Any part of the VD development not used for structures, roadway loading accessways, parking or pedestrian walks shall be landscaped with grass, trees and shrubs as designed by a qualified landscape architect.

(11) All delineated roads on the VD Master Plan shall be paved and curbed to meet engineering specifications as required by the Township Engineer. See § 142-47F for street tree requirements. All streets must be at least landscaped with street trees, at a rate of one tree every 40 feet, two-and-one-half-inch to three-inch caliper at time of planting.

(12) Sidewalks shall be at least four feet wide. A continuous sidewalk system must be integral to the VD development linking all residential units to commercial, cultural, transportation, recreation, open space and schools.

(13) Lot and setback requirements.

(a) Minimum frontage on any major county or state highway or arterial shall be 300 feet.

(b) An attached group of buildings may be considered as one building in applying any standards contained in this article.

D. Parking. Parking shall be provided at the following rate:

(1) Efficiency units: 1.25 spaces.

(2) One-bedroom units: 1.5 spaces.

(3) Two-bedroom units: two spaces.

(4) Three-bedroom-plus units: 2.25 spaces.

E. Signs. The following regulations shall apply in VR Zones:

(1) Each VR development may have two double-faced, freestanding, externally illuminated signs not exceeding six feet in height, measured from ground level, or 20 square feet in area, not closer than 100 feet to each other.

(2) All freestanding signs shall be set back a minimum of 20 feet from the street right-of-way. Signs shall be constructed so as not to interfere with safe sight distance.

F. Townhouses.

(1) The architectural character of each dwelling unit shall be compatible in style, size, color and materials with proposed dwelling units in the same VR development.

(2) Height shall be limited to two stories. Chimney, cupola and similar appurtenances are exempt.

(3) The minimum number of townhouse dwelling units shall be 40% of the total number of residential units in the VR Zone, and the maximum number shall not exceed 70%.

(4) Minimum setback for all structures from any street, public or private, shall be 20 feet from any common parking area and be 30 feet from the right-of-way. Minimum setback for all structures from any major thoroughfare or collector road, as defined elsewhere in this chapter, shall be 50 feet. The front yard setback for units with integrally designed garages shall be a minimum of 30 feet, including a four-foot sidewalk and a three-foot planting/streetlighting placement strip area. The front yard setback for townhouse units without an attached or an integrally designed garage is 15 feet.

(5) No parking space assigned to a townhouse unit can be more than 200 feet away from the entrance to that unit. All off-street parking lots should be visually screened with a five-foot-high 90% visually impervious landscape barrier. Lots must have one tree for each 10 spaces planted in islands.

(6) The required setback between each structure is as follows:

(a) Cornice or eave height of 23 feet or less:

[1] Side yards:

[a] An average of 10 feet, provided that structures have no side windows directly across from one another.

[b] An average of 25 feet in the case of structures with windows directly across from one another.

[2] Front yards:

[a] An average of 40 feet between structures.

[3] Rear yards:

[a] An average of 50 feet between structures.

(b) Cornice or eave height of 24 feet to 45 feet:

[1] Side yards:

[a] An average of 15 feet in the case of structures with no adjacent windows.

[b] An average of 30 feet in the case of structures with adjacent windows.

[2] Front yards:

[a] An average of 50 feet between structures.

[3] Rear yards:

[a] Sixty feet between structures.

(7) Off-street parking spaces shall be a minimum of nine feet by 18 feet and meet all required access and egress standards. Garages may be considered as one parking space only if restricted to such use by homeowners' association restrictions and covenants. For townhouses, which have an attached or an integrally designed garage, the front yard setback shall be sufficient to park one car in the driveway, as well as provide adequate pedestrian circulation space around and between the vehicle. The visual image from the access street of the front yard of the units shall not be akin to that of an off-street parking lot.

(8) Units shall be attached in such a manner as to provide maximum safety and privacy for adjoining units.

(9) Not more than 10 dwelling units in any single townhouse structure shall be constructed in such a manner as to form one linear plane. No more than 20 such units shall be included in a structure having units constructed on more than one linear plane.

(10) Attached apartment units on a single linear plane shall not exceed a length of 120 feet.

(11) The front facades of at least 40% of the units which are attached in a structure shall be set back not less than 10 feet behind the facades of the remaining units in such structure.

(12) The rooflines of at least 30% of the number of units which are attached in a structure having a single linear plane shall be staggered in height by not less than 5% of the height of the rooflines of the remaining units in such structure. The roofline should be broken using a combination of two-, three-, or four-story structures mixing townhouses with flats. Chimneys, skylights, dormers, etc., are recommended to vary the visual plan and provide additional light access to upper-story units.

(13) All apartment structures shall be site planned to allow for fire access.

(14) Where an outdoor living space is included for each or any particular unit, it shall be provided with adequate visual screening from all other neighboring dwelling units, outdoor living spaces, parking areas and roadways. Screening may be accomplished with plant materials, masonry structures or wood fencing. Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling unit. Each apartment or ground-floor unit shall have a private rear yard of 200 square feet minimum, which shall be enclosed by means of a minimum of a four-foot-high wooden fence, hedge or a combination of both.

(15) One enclosed, roofed or trellised structure for solid waste and storage of maintenance equipment shall be provided for each group of 12 units. A plan for solid waste disposal shall also be included.

(16) A minimum of 500 cubic feet of storage shall be provided for each unit, including storage for garbage in the front of the unit and bicycles, garden equipment, barbecue equipment and so forth in the rear of the unit.

(17) Front yards of units shall be enclosed with a three-foot-high picket fence.

G. Apartments.

(1) A combination of unit types: flats, vertical duplexes, townhouses, and of building configurations: low-rise and high-rise, shall be permitted, in particular to make available smaller units (less than 800 square feet).

(2) Low-rise apartment structures shall have as many combinations of units as possible, of varied sizes, and with a minimum size of 450 square feet. Groupings of units and access to units shall be designed to assure a sense of safety and security for the residents, particularly when accessing and egressing vertical circulation elements. Double-loaded, long, rectangular, slab-configured structures are expressly prohibited.

(3) The multifamily, low-rise structures shall use a combination of flat vertical duplexes to maximize efficiency. All ground-floor units shall have a minimum of 200 feet of enclosed rear yard. Each unit above the ground floor shall have a balcony or terrace of at least 60 square feet. Access to any unit shall not require a vertical ascent of over two stories. All stairways shall be enclosed.

(4) Attached low-rise housing shall provide parking at the specified ratio of 1 1/2 cars per one-bedroom unit, two cars per two-bedroom unit and 2 1/4 cars per three-or-more bedroom units. Guest parking for both high-rise, low-rise and attached townhouse units can be provided at curbside on street.

(5) Nothing contained in this section shall prohibit multiple residences in single structures.

(6) A minimum of 300 cubic feet of storage shall be provided for each unit, including storage for garbage, bicycles, garden equipment, barbecue equipment and so forth in an appropriate location.

H. Required public facilities and improvements.

(1) Parcel size and location of public facilities shall be substantially in accordance with the adopted Master Plan.

(2) All public utilities shall be installed in accordance with the Township development regulations; all VD development shall be tied into approved and adequate public sanitary sewerage, water systems and stormwater drainage systems.

(a) All water systems shall be looped, of a size and type as approved by the Township Engineer.

(b) All sewerage systems shall be approved by the Township of Robbinsville Utilities Department.

(3) Streets, roads, sidewalks and bikeways shall comply with the configuration and proposed alignments and design standards set forth in the Master Plan and this chapter.

(4) Refuse and refuse collection areas shall be provided and shall be located for the occupant's convenience. All such areas shall be screened either with an enclosed masonry structure of at least six feet in height on three sides or with evergreens on at least three sides of the refuse and pickup area, planted at a height of at least six feet, with a maximum growth of at least eight feet in height.

(5) A landscaping plan shall be prepared by a certified landscape architect and approved by the Land Use Board.

(6) A lighting plan shall comply with § 142-37.

I. Facilities for pedestrians, bicyclists and vehicles.

(1) Pedestrian sidewalks shall be provided in such locations, including entrances and exits, where normal pedestrian traffic will occur. Where appropriate, bikeways may be provided instead of sidewalks. Provision of bikeways along streets shall be determined by the Land Use Board based on the requirements of the Master Plan.

(2) Access to off-street parking areas shall not be through entrances directly abutting streets, but shall be connected to streets by means of access driveways situated between the parking areas and adjacent streets, not less than 15 feet long.

(3) Bike racks shall be provided where there are 24 or more units.

J. Environmental considerations.

(1) All development shall file an environmental impact statement and community impact statement.

(2) The types of energy to be used to heat, cool, supply power and generally service the development shall be considered. The applicant shall identify measures to reduce energy demands by considering alternatives, such as active and passive solar systems and construction.

§ 142-19 TC Town Center District.

A. Legislative intent.

(1) This section is intended to create the standards and requirements for the Town Center (TC-1 through TC-4 Zone Districts) which has been proposed in some form in Township Master Plans dating back to 1986. The governing body seeks to create a mixed-use district comprised of a variety of housing stock; commercial; public and quasi-public uses; and open space areas designed to serve as both passive and active amenities to the zone district.

(2) The Town Center District is also intended to integrate newly developed lands within the district with existing properties in and around the existing Village of Robbinsville, some of which are presently commercial and some of which are residential. It is intended that most of these existing properties will eventually be converted to commercial mixed use or commercial/office/retail urban apartments.

(3) The governing body has promulgated a series of policy statements as listed in Subsection B hereof which are to be considered in reviewing all development applications involving lands located in the Town Center. Requests for variances, waivers or deviations from the ordinance provisions of this section shall be evaluated in the context of the impact the same may have on the policy statements established by the governing body.

B. Policy statements.

(1) Develop a new Town Center which reflects the traditional character of this evolving rural Township.

(2) Encourage innovative mixed-use and multiple-use plans so that housing demand for varying age groups, families and income levels may be met by greater variety in type, design, and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings. To that end, the goal is to create smaller lots than presently exist in the Township to accommodate single-family detached units, duplexes, and townhouses. Apartment/flats are encouraged above commercial and office uses which are to be integrated into the plan.

(3) To require whenever possible the interconnection of existing and proposed uses so as to create integrated neighborhoods and a greater sense of community by using design techniques that provide for modified deflected street patterns with radial and axial streets.

(4) Provide a layout of streets and open space edges which encourage pedestrian interconnections to the Town Center civic and commercial uses within one-thousand-five-hundred-foot walking distance to the Center.

(5) Provide a clearly articulated and rationally designed open space system which consists of both integrated and peripheral active and passive parks and which furthers the goals of Subsections B(3) and (4) above.

(6) Extend greater opportunities for housing, commercial, recreation and care facilities to all residents of the Township.

(7) To encourage a more efficient use of land and public services by directing development in a pattern that resembles traditional mixed-use, multiple-use Town Center with varied housing types.

(8) Provide an approval procedure which will require the development to relate the type, design, and layout of residential development on any site to the surrounding environs and context, and to the Township's goal of encouraging neotraditional residential/mixed-use development in a manner sensitive to the preservation or enhancement of property within existing residential areas.

(9) Establish policies and procedures intended to promote flexibility for the marketability of unit types while requiring the maintenance of the underlying integrity of the plan in an efficient and expedient forum.

(10) Allow for the directing of additional development to Town Center in an effort to preserve the remaining rural, historic, and agricultural character of the community.

(11) Promote land development practices which will promote the public health, safety and welfare by creating a Town Center as an alternative to conventional, modern, use-segregated developments, such as larger lot suburban subdivisions and strip commercial developments.

(12) Establish a street and path network which accommodates an integrated multimodal transportation system with the intent of providing safe pedestrian connections as set forth in Subsection B(4) above.

(13) Alleviate undue traffic congestion by reducing excessive sprawl of development and the segregation of land uses which result in the inefficient use of land and which necessitates the use of private vehicles.

(14) Discourage uses and design patterns which tend to contribute to traffic congestion through the dependence on private automobiles.

(15) Discourage generic, modern suburban development that bears no relation to the historic development pattern of Mercer County while promoting the creation of new neighborhoods and developments that exhibit the design features of traditional neighborhoods and small towns in Mercer County.

(16) Promote the creation of places which are oriented to the pedestrian, promote citizen security and social interaction.

(17) Establish community "greens" which act as focal points of activity and interaction for both commercial and residential neighborhoods.

(18) Promote developments with visual and spatial characteristics as expressed in the regulating plans and site plan and design regulations.

(19) Promote developments where the physical, visual, and spatial characteristics are established and reinforced through the consistent use of compatible urban design and architectural design elements. Such elements shall relate the design characteristics of an individual structure or development to other existing and planned structures or developments in a harmonious manner, resulting in a coherent overall development pattern and streetscape.

(20) Promote the creation of neighborhoods and districts that are identifiable in the landscape, surrounded by open space, and sensitive in the preservation of natural features.

(21) Incorporate a component specifically addressed to the needs of senior citizens.

(22) Develop a plan that addresses the fiscal imbalance of current zoning and provides a phasing of development of the Center in a fiscally responsible manner.

C. General provisions applicable to all sections of the Town Center.

(1) Street Regulating Plan, Building Regulating Plan, Site Plan Regulations, and Design Regulations. This section shall supersede any of the other provisions of the Township Subdivision and Land Development Ordinance or these zoning ordinances as they apply to the Township as a whole. The Street Regulating Plan, Building Regulating Plan, Site Plan Regulations and Design Regulations are incorporated in the companion document entitled "Robbinsville Township Town Center Zoning and Design Regulations,"[1] which is incorporated herein by reference. In the event of any inconsistencies or contradictions, this section shall be deemed as controlling over those lands located in the Town Center and its subdistricts. The Street Regulating Plan, Building Regulating Plan, Site Plan Regulations, and Design Regulations incorporated herein by reference shall be the design basis for the lands included in the Town Center. The Street Regulating Plan, Building Regulating Plan, Site Plan Regulations, and Design Regulations shall be governed in their entirety by the provisions of this section with the exception that those provisions of the Township Subdivision and Site Development Ordinance and Zoning Ordinance specifically referenced within this section shall also apply to the zone district.

[1] Editor's Note: The Town Center Zoning and Design Regulations are included at the end of this chapter.

(2) Applications for development of Town Center properties. The approval or disapproval of any portion of any TC Zone District shall be based on an interpretation of the effect of the proposed development on the surrounding properties and the zone district if the same deviates in any manner from the Street Regulating Plan, Building Regulating Plan, Site Plan Regulations, and Design Regulations incorporated herein by reference. In the event of a deviation from the same, the determination shall be evaluated based upon the provisions of Subsection B(1) through (22) hereof.

[Amended 8-16-2017 by Ord. No. 2017-16; 7-20-2022 by Ord. No. 2022-27]

(a) Section 2, The Street Regulating Plan, and Section 3, The Building Regulating Plan, of the Town Center Zoning and Design Regulations, as incorporated herein by reference, shall be deemed to be the basic structure of the Town Center and cannot be modified without approval of the Land Use Board, depending on the extent of the deviation from the provisions of Section 2, The Street Regulating Plan, and Section 3, The Building Regulating Plan, of this chapter.

(b) The regulations as established in Section 4, Site Planning Regulations, and Section 5, Design Regulations, of Town Center Zoning and Design Regulations, shall be deemed to be the minimum standards applicable for the Town Center Zone District. In the event of any requests for deviation from the standards for any section of proposed development or any portion of any section of the Town Center Zone District, the Land Use Board, depending upon the extent of the deviation, may require more stringent standards based on the proposed effect of the deviation on the overall Town Center plan or on specific areas of the Town Center which may be impacted by the proposed deviation, in order to protect the health, safety and welfare of the citizens of the Township and the overall integrity of the Town Center plan.

(c) Phasing plan.

[1] Any applicant seeking to develop properties located within the TC Zone District shall be required to provide a phasing schedule, which phasing schedule shall be subject to the review and approval by the Township Land Use Board. The intent of the phasing schedule shall be to establish parameters within which permitted housing stock shall be constructed in conjunction with the construction of the commercial components of the TC Zone District. The Land Use Board shall have the discretion to develop a suitable mechanism to insure a balanced development of the TC District so as to minimize fiscal impacts which may otherwise be created by the construction of housing.

[2] The methodology may be established based upon ratio of units to commercial floor area or any other suitable calculation which the Land Use Board deems to be appropriate in light of the intended goal of minimizing fiscal impacts as aforesaid.

(3) (Reserved)[2]

[2] Editor's Note: Former Subsection C(3), Town Center Subcommittee, was repealed 8-16-2017 by Ord. No. 2017-16.

(4) Deviations from Street Regulating Plan or Building Regulating Plan.

[Amended 8-16-2017 by Ord. No. 2017-16; 7-20-2022 by Ord. No. 2022-27]

(a) Any application seeking a deviation from the provisions of this section relating to the Street Regulating Plan, Building Regulating Plan, the percentage or types of dwelling units or the amount of commercial development measured in floor area shall be treated as permitted uses which may be subject to conditions at the time of approval by the Township Land Use Board. All applications for such deviations must be evaluated in terms of the policy statements articulated in Subsection B(1) through (22), established in this section, and the reasons for said deviation shall be established in any determination made by the Board.

(b) Proposed deviations shall be reviewed and approved or denied by the Land Use Board based upon the following criteria:

[1] The design and improvement shall be in harmony with the purpose and intent of this section.

[2] The design and improvement shall generally enhance the street and/or building regulating plans, or, in any case, no have an adverse impact on its physical, visual, or spatial characteristics.

[3] The design and improvements shall generally enhance the streetscape and neighborhood, or in any case not have an adverse impact on the streetscape and neighborhood.

[4] The modification shall not result in any configurations of lots or street systems which shall be impractical or detract from the appearance of the Town Center.

[5] The proposed modification shall not result in any danger to the public health, safety, or welfare by making access to the dwellings by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air, or by violating the other purposes for which zoning ordinances are to be enacted.

[6] Landscaping and other methods shall be used to ensure compliance with the design standards and guidelines of this section.

[7] The minimum lot size of any lot to be created shall only be reduced below the requirements of this section by approval of the Land Use Board.

[8] The applicant shall demonstrate that the proposed modification will allow for equal or better results and represents the minimum modification necessary.

[9] In the event of the granting of a deviation, the Land Use Board may impose such conditions it deems necessary to permit the deviation while ensuring the integrity of the overall Town Center plan.

(5) Interpretation of development standards and guidelines.

[Amended 8-16-2017 by Ord. No. 2017-16; 7-20-2022 by Ord. No. 2022-27]

(a) The development standards contained in the Street Regulating Plan, Building Regulating Plan, Site Plan Regulations, and Design Regulations, and Design Vocabulary contained therein, are both written and illustrated.[3] The illustrations and written text are intended to be complementary, and wherever an apparent inconsistency exists, an applicant may apply to the Land Use Board for interpretation of this section regarding such standard. Any interpretation made by the Land Use Board shall be made in conjunction with the overall intent and character of the plan as codified in the Street Regulating Plan, Building Regulating Plan, Site Plan Regulations, and Design Regulations.

[3] Editor's Note: These standards in incorporated into the Town Center Zoning and Design Regulations, which are included as an attachment to this chapter.

(b) The development standards as contained in this section set forth specific requirements for development guidelines which are to be strictly construed. The design vocabulary shall be interpreted with the maximum degree of flexibility to promote consistency in design taking into account exceptional situations which may require unique interpretation. When applications are made to the Land Use Board regarding the interpretation or application of design vocabulary to a particular property, the Land Use Board shall review the specific circumstances regarding the application and the intent of this section in reaching its determination as to the deviation/interpretation of the standards set forth in the design vocabulary.

(c) The applicant shall have the same right of appeal as set forth in Subsection C(3)(f) above regarding an appeal from the determination of the Land Use Board to the Township Land Use Board.

(6) Town Center subsection delineation.

(a) The Town Center shall be comprised of four individual subsections which have been planned and designed based upon their respective locations from existing roads and utilities and existing buildings and features so as to promote a contiguous integrated Town Center. The zone districts as proposed are set forth on the attached zone identification map which is appended hereto and incorporated herein by reference. Those districts are as follows:

[1] TC-1 Zone.

[2] TC-2 Zone.

[3] TC-3 Zone.

[4] TC-4 Zone.

(b) The permitted uses for each section of the proposed Town Center are set forth in this section, and the design standards as applicable to each section of the Town Center are set forth in the Street and Building Regulatory Plan incorporated herein by reference.

(c) Redevelopment area.

[Added 10-24-2013 by Ord. No. 293-24[4]]

[1] On October 14, 2010, the portion of the TC-2 Zone generally bounded by State Highway 33 and the Township's municipal boundary with Hamilton Township, known locally as "Town Center South," was designated to be "an area in need of redevelopment" under the New Jersey Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.) via Township Resolution No. 2010-202. This area is depicted on the Township's Zoning Map described in § 142-9.

[2] A redevelopment plan for the Town Center South Redevelopment Area was adopted via Ordinance No. 2012-4 on March 27, 2012. Such Redevelopment Plan was adopted as an explicit amendment to the Township's Zoning District Map and the land use and development provisions of the Township Code. Such explicit amendment includes the sections of the Township Code known as the "Town Center Plan" which are applicable to the redevelopment area.

[3] Accordingly, and notwithstanding the provisions of Subjection C(6)(b) hereinabove, the permitted uses, building controls and design standards applicable to the redevelopment area shall be as set forth in the Redevelopment Plan, incorporated herein by reference, and not as set forth in this section or other sections of Chapter 142, including 142 Attachment 5-1 (Town Center Zoning and Design Regulations).

[4] Such Redevelopment Plan is on file in the office of the Municipal Clerk.[5]

[5] Editor’s Note: Any amendments to said plan are also on file in the Township offices.

[4] Editor's Note: This ordinance also provided for the renumbering of former Subsection C(6)(c) as Subsection C(6)(d).

(d) Unless expressly permitted, all other uses are deemed to be prohibited. The outdoor storage of commercial trucks, tractor trailers, recreation vehicles, tractors, campers and boats is prohibited in all subsections of the Town Center.

(7) Methods for increasing Town Center density.

(a) The transfer of previously approved units from another site located within the Township, which units to be transferred shall be incorporated into the density for the applicable portion of the TC Zone District of the Township and incorporated into the base grid for the appropriate district upon demonstration of the proportionate reduction of units from the previously approved site from which the units are being transferred. In the event the units are transferred from a previously approved development site, the increase in density shall be based upon a one-to-one ratio of transferred units to additional units permitted in the TC Zone District.

(b) Planned unit residential development credit transfer. Density may be increased through the transfer of credits from land within the Rural Residential District and identified as a proposed priority open space acquisition/preservation land(s) on the Land Preservation Plan, dated January 2002, as it may be last amended or superseded. Transfer shall occur only through the approval of a planned unit residential development application submitted in accordance with § 142-82. Regardless of the number of credits purchased, no use of credits shall result in exceeding the maximum density as set forth in Section 3, Building Regulating Plan, Subsection B1, General Residential Zone Criteria, Housing Unit Count.[6]

[6] Editor's Note: Said Section 3, Subsection B1, is part of the Town Center Zoning and Design Regulations, which are included as an attachment to this chapter.

(c) If approved by the governing body and Land Use Board, the inclusion of low- and moderate-affordable-housing units previously not planned for by the Township and not previously incorporated in its Housing Element and Affordable Housing Plan, in order to increase density based upon this provision. The proposal to provide affordable housing units must also be approved by the Council of Affordable Housing as an amendment to the Township's Housing Element and Affordable Housing Plan. Any increase in density to be based upon this section shall be determined based upon the established guidelines by the Council on Affordable Housing and ratified by the governing body. The precise location and distribution of the affordable housing units, if any, and the phasing of development of same shall be subject to the review and approval by the governing body.

[Amended 7-20-2022 by Ord. No. 2022-27]

(d) Transferred units shall be allocated to designated receiving districts within the Town Center Zone District. The actual construction of transferred units shall, however, only occur after the base grid has been the subject of final approval for that section of the Town Center to which the units are to be transferred.

(e) For purposes of this section, no transfer of previously approved units located within the Town Center will be permitted to be made into any designated receiving district.

D. TC-1 Zone District.

(1) Permitted uses. The following uses are permitted uses in the TC-1 Zone District subject to the applicable development standards requirements as set forth in the accompanying Street Regulating Plan, Building Regulating Plan, Site Plan Regulations, and Design Regulations incorporated herein by reference:

(a) Residential uses as follows:

[1] Village houses, being single-family detached dwellings.

[2] Narrow lot houses, being single-family detached dwellings.

[3] Duplex dwellings.

[4] Townhouse dwellings.

[5] Commercial/office/retail urban apartment.

[6] Customary accessory buildings.

(b) Public and semipublic uses, including parks and playgrounds, conservation areas, and structures and facilities constructed as part of this principal use.

(c) Public, private and parochial schools for academic instruction, provided the same are to be constructed on a minimum of two acres.

(d) Day-care centers.

(e) Elderly day-care centers.

(f) Churches, temples and other places of worship and related school buildings and parish houses, on a minimum one-acre parcel.

(g) Post office and library facilities.

(h) Cultural facilities such as museums, auditoriums and conservatories.

(i) Commercial uses.

[1] Retail sale or rental of goods, merchandise, or equipment, except as follows:

[a] Uses requiring storage or display of goods outside a fully enclosed building.

[b] Motor vehicle sales or service operations.

[c] Lumberyards.

[d] Adult bookstores and/or peep shows.

[e] Auction markets.

[f] Pawn shops.

[2] Personal service establishments, having as their primary function the rendering of a service to a client within a building. Such services may include, but are not limited to, barber and beauty shops; dry-cleaning establishments; self-service laundromats; tailor shops; weight loss centers; portrait studios; interior decorating services; video rental; and mail centers. Such service shall not include the following:

[a] Massage parlors.

[b] Animal grooming establishments.

[c] Kennels.

[d] Veterinary hospitals.

[e] Tarot card reading/fortune-telling establishments.

[Added 12-23-2014 by Ord. No. 2014-24]

[3] Business service establishments, having as their primary function the rendering of service to a business client. Such services may include, but are not limited to, document reproduction, duplication, and administrative services.

[4] Product service establishments, having as their primary function the servicing or repair of a product, including, but not limited to, the repair and servicing of shoes, audio and visual equipment, appliances, jewelry and watches. Motor vehicular repair, maintenance and/or body shops are not permitted.

[5] Business offices, including but not limited to insurance agents, travel agents, realtors, finance and investment companies, and tax preparation services.

[6] Instructional studios, fitness centers and billiard parlors.

[7] Banks and other financial institutions, excluding check-cashing businesses but including automated teller machines (ATM).[7]

[7] Editor's Note: Former Subsection D(1)(i)[8], Neighborhood motor vehicle service station or garage, which immediately followed this subsection, was repealed 7-13-2021 by Ord. No. 2021-20.

(j) Professional offices, including but not limited to offices for architects, artists, authors, dentists, doctors, lawyers, ministers, musicians, engineers, optometrists, opticians, and such other similar professions.

(k) Restaurants, cafes, coffeehouses and eateries.

(2) Permitted accessory uses in TC-1 Zone District.

(a) Residential detached garages which shall not be subject to conversion to any other use.

(b) Home-based offices, providing the following conditions apply:

[1] The home-based office is located in a single-family dwelling.

[2] Medical, dental and real estate offices shall not be permitted as home offices.

[3] In addition to the family members occupying the dwelling containing the home office, there shall not be more than one outside employee in the home office.

[4] The employee and clients shall use on-street curbside parking spaces and shall not park on the lot containing the home office.

[5] Permitted signage area is limited to one facade or freestanding sign not exceeding three square feet and six feet from the ground.

[6] The home office shall not exceed 1,000 square feet, or 25% of the total habitable square footage of the dwelling exclusive of any basement, or can be located in an accessory building not to exceed 500 square feet.

[7] All exterior aspects of the home office operation shall not disrupt the residential integrity.

(c) Toolsheds and outside storage sheds shall be limited to 48 square feet and be set back a minimum of three feet from any property line except at major roads. Setbacks from major roads (not including lanes) shall be 1/3 of the lot depth or lot width. Accessory uses shall be architecturally compatible with the principal structure. (See Figure 2-3 in the Town Center Zoning and Design Regulations.[8])

[8] Editor's Note: The Town Center Zoning and Design Regulations are included at the end of this chapter.

(d) All other accessory uses, buildings or structures shall be set back a minimum of three feet from any property line except from major roads. Setbacks for major roads shall be a distance equivalent to 1/3 of the lot depth or lot width. All accessory uses shall be architecturally compatible with the principal structure.

(e) Studio room as defined in this chapter.

(f) Accessory dwelling as defined in this chapter but limited to village lots having a minimum area of 7,200 square feet.

(3) Special Condition A of TC-1 Zone.

(a) Permitted uses. The following uses shall be permitted in the Special Condition A area of the TC-1 Zone:

[1] Office.

[2] Professional offices, including but not limited to offices for architects, artists, authors, dentists, doctors, lawyers, ministers, musicians, engineers, surveyors, planners, optometrists, opticians, and such other similar professions.

[3] Banks and other financial institutions, excluding check-cashing businesses, but including automated teller machines (ATM) and drive-through service tellers.

[4] Day-care facilities.

[5] Second- and third-floor urban apartments.

[6] Ground-floor retail for uses fronting on Route 33.

[7] Health club.

[8] Restaurant.

(b) Bulk standards:

[1] Minimum lot area: 20,000 square feet.

[2] Minimum lot frontage: 100 feet.

[3] Minimum lot width: 100 feet.

[4] Minimum lot depth: 150 feet.

[5] Minimum side yard setback: 10 feet (zero feet if buildings share a common party wall).

[6] Minimum front yard setback: 10 feet.

[7] Maximum front yard setback: 30 feet.

[8] Maximum main street front yard setback: zero feet.

[9] Rear yard setback: 50 feet.

[10] Building height (maximum): three stories/50 feet maximum.

[11] Building height (minimum): two stories/30 feet minimum.

[12] Maximum floor area ratio: 50%.

[13] Maximum impervious surface ratio: 85%.

[14] Parking ratio minimums shall be consistent with Section 4, Site Planning Regulations, Subsection F, Off-street and on-street parking, of the Town Center Zoning and Design Regulations, as contained at the end of this chapter.

(c) The buildings and front facades shall be oriented to the street. Buildings on corner lots with frontage on Route 33 shall orient their longest facade along Route 33. In all cases, buildings shall have at least one principal pedestrian entrance on the primary street serving the site.

(d) Buildings along Main Street shall have retail uses on the ground level.

(e) Parking is prohibited within the front setback between the front of the building and the front property line.

(f) Parking lots and/or associated driveways may abut and overlap property lines that abut other nonresidential Town Center uses, predicated upon establishing an appropriate access easement that clearly defines all associated maintenance responsibilities.

(g) Parking spaces and/or associated driveways shall be located a minimum of 10 feet from any side or rear property line which abuts a Town Center residential use.

(h) For properties other than those fronting on Main Street, a minimum of 75% of the required on-site parking shall be located between the rear property line and a line extended from the rear of the building to the side property lines. For properties fronting on Main Street, parking shall be located between the rear property line and a line extended from the building to the side property lines. On corner lots, the "rear property line" shall be defined as the property line that is parallel to the street of greatest hierarchy.

(i) A minimum four-and-one-half-foot-high architectural wall, made of brick, stucco or stone, shall be provided as a buffer where parking abuts a residential use or is across the street from a residential use or where on-site parking abuts a street line. Walls must be articulated to minimize the visual impact of excessive length.

(j) Pedestrian connections shall be provided to abutting open space areas and abutting Town Center commercial sites.

(k) Drive-through banking facilities shall be located and screened with planting and/or architectural walls to minimize their visibility, and may be located under upper-story cantilevered floors. In all cases, drive-through facilities must be located in the rear of the building.

(l) All architecture shall be governed pursuant to the requirements in Section 5, Design Regulations, of the Town Center Zoning and Design Regulations, which is included at the end of this chapter.

(m) Conditional uses. The following conditional uses shall be permitted in the Special Condition A area of the TC-1 Zone:

[1] Institutional use.

[2] Assisted care living facility.

[a] An assisted care facility shall have frontage on Washington Boulevard, and the building and facade structure shall be oriented towards Washington Boulevard and any street abutting the site and intersecting with Washington Boulevard.

[b] All parking for assisted care facilities shall be located to the side and rear of the building(s) although an entrance may be located on Washington Boulevard.

[c] Assisted care facilities shall total no more than 120 beds/rooms in the Special Condition A Zone.

(n) Variations to the residential density and housing-type mix percentages as specified in the Building Regulating Plan and subsequently approved deviations from same, caused by the approval of any Special Condition A application, will occur should the density and/or the housing-type mix not be able to be absorbed elsewhere within the zone. Accordingly, the Land Use Board will give reasonable consideration to requested variations.

[Amended 7-20-2022 by Ord. No. 2022-27]

(o) Off-tract contributions shall be adjusted based upon the per-unit fees set by the ordinance and the actual residential and commercial uses achieved, but in no case will the total amount of the contribution for the TC-1 Zone be less than that previously agreed to under the General Development Plan granted May 27,1998, and the Preliminary granted on November 10, 1999.

E. TC-2 Zone District.

(1) Permitted uses. The following uses are permitted uses in the TC-2 Zone District subject to the applicable development standards and requirements as set forth in the accompanying Street Regulating Plan, Building Regulating Plan, Site Plan Regulations, and Design Regulations incorporated herein by reference:

(a) Residential uses as follows:

[1] Village houses, being single-family detached dwellings.

[2] Narrow lot houses, being single-family detached dwellings.

[3] Duplex dwellings.

[4] Townhouse dwellings.

[5] Commercial/office/retail urban apartment.

[6] Restricted and nonrestricted senior citizen housing.

[7] Assisted care living.

(b) Public and semipublic uses, including parks and playgrounds, conservation areas, and structures and facilities constructed as part of this principal use.

(c) Clubhouse buildings.

(d) Community and civic facilities, including post offices, museums, auditoriums and library facilities.

(e) Day-care centers.

(f) Elderly day-care centers.

(g) House of worship.

(h) Commercial uses:

[1] Banks and other financial institutions, excluding check-cashing businesses but including automated teller machines (ATM).

[2] Single or multiple user offices and office buildings.

[3] Retail sale or rental of goods, merchandise and equipment as permitted in the TC-1 Zone District.

[4] Restaurants, exclusive of drive-through facilities.

[5] Neighborhood motor vehicle service station or garage as defined in the definitions in Section 1, How to Use This Document, of the Town Center Zoning and Design Regulations, which is included at the end of this chapter.

(i) Public and semipublic recreation uses.

(j) Bed-and-breakfast establishments, provided adequate parking is provided on site.

(2) Permitted accessory uses in the TC-2 Zone District:

(a) All residential accessory uses as contained in TC-1, provided the same complies with the residential accessory use regulations of this chapter, except as modified in this section.

(b) Home-based offices, provided the following conditions apply:

[1] The home-based office is located in a single-family dwelling.

[2] Medical, dental and real estate offices shall not be permitted as home offices.

[3] In addition to the family members occupying the dwelling containing the home office, there shall not be more than one outside employee in the home office.

[4] The employee and clients shall use on-street curbside parking spaces and shall not park on the lot containing the home office.

[5] Permitted signage area is limited to one facade or freestanding sign not exceeding three square feet and six feet from the ground.

[6] The home office shall not exceed 1,000 square feet, or 25% of the total habitable square footage of the dwelling exclusive of any basement, or can be located in an accessory building not to exceed 500 square feet.

[7] All exterior aspects of the home office operation shall not disrupt the residential integrity.

(c) Toolsheds and outside storage sheds shall be limited to 48 square feet and be set back a minimum of three feet from any property line except at major roads. Setbacks from major roads (not including lanes) shall be 1/3 of the lot depth or lot width. Accessory uses shall be architecturally compatible with the principal structure. (See Figure 2-3 in the Town Center Zoning and Design Regulations.[9])

[9] Editor's Note: The Town Center Zoning and Design Regulations are included as an attachment to this chapter.

(d) Any uses to be applied to the site shall have setbacks designed and architectural features consistent with the Town Center Zone District and shall be subject to review and approval by the Land Use Board.

[Amended 8-16-2017 by Ord. No. 2017-16; 7-20-2022 by Ord. No. 2022-27]

(e) Studio room as defined in this chapter.

(f) Accessory dwelling as defined in this chapter but limited to village lots having a minimum area of 7,200 square feet.

(3) Permitted uses for Special Condition B located in TC-2 Zone District:

(a) The following uses are permitted for the Special Condition B in the TC-2 Zone District:

[1] Cinema/movie theater not to exceed eight screens.

[2] Open stage theater.

[3] Restaurant.

[4] Health club.

[5] Warehouse/office building, provided that the same is in existence on date of adoption of this section.

[6] Office.

[7] Office/warehouse/retail.

[8] Retail sales.

(b) Any new additions or major modifications which may be required need to be reviewed and approved by the Land Use Board. This includes buildings, parking locations, loading areas and landscaping. Architectural design must respect the character and intent of this chapter. Other than as exists as of the time of the adoption of this chapter, no parking shall be permitted in the front yard of any building.

[Amended 8-16-2017 by Ord. No. 2017-16; 7-20-2022 by Ord. No. 2022-27]

(c) Minimum requirements for principal building.

[1] Lot area: 15,000 square feet.

[2] Lot frontage: 75 feet.

[3] Lot width: 75 feet.

[4] Lot depth: 150 feet.

[5] Side yard setback: 10 feet.

[6] Front yard setback along Route 130: 75 feet; along Type 1: 20 feet.

[7] Rear yard setback: 50 feet.

[8] Maximum floor area ratio: 40%.

[9] Maximum impervious surface ratio: 70%.

[10] Parking buffer adjacent to all lot lines: five feet.

[11] Parking for off-street and loading standards, see Section 4, Site Planning Regulations, Subsection E, Required loading and service areas, and Subsection F, Off-street and on-street parking, of the Town Center Zoning and Design Regulations, as contained at the end of this chapter.

(d) Conditional uses permitted. Such uses may be permitted in a specified Town Center Zone only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that all of the following conditions are met:

[1] Miniwarehousing and self-storage.

[a] The minimum rental storage floor area shall be 60,000 square feet.

[b] Such facilities shall maintain an operational manager's office or resident manager's office/dwelling which shall be accessory to the principal use herein and shall be designed with the second floor dwelling above the manager's office. Occupancy of the dwelling shall be limited to the facility manager and his immediate family.

[c] Such facilities shall provide for the storage of customers' goods and wares only. No business activity other than the rental of storage space shall be conducted on the premises by either the owner of the facility, the resident manager or a tenant of storage space.

[d] No storage of any kind shall be conducted out-of-doors.

[e] The site containing such a use shall have direct access to a major arterial road.

[f] Site plan approval shall be required, and any development shall be subject to the following supplemental zoning regulations.

[i] The minimum site area shall be six acres, and the maximum site area shall be 10 acres.

[ii] The maximum building area, inclusive of a manager's office and/or dwelling for any one building on the site, shall be 12,000 square feet.

[iii] The maximum building length, inclusive of a manager's office and/or dwelling, shall be 300 feet.

[iv] The minimum front yard setback abutting a public street shall be 75 feet. The minimum setback adjacent to any residentially zoned or developed property shall be 50 feet. All other setbacks shall be a minimum of 25 feet.

[v] Architecture and other aesthetic design issues shall be subject to review by the Land Use Board for consistencies with the Town Center Zoning and Design Regulations.[10]

[Amended 8-16-2017 by Ord. No. 2017-16; 7-20-2022 by Ord. No. 2022-27]

[10] Editor's Note: The Town Center Zoning and Design Regulations are included as an attachment to this chapter.

[vi] The facades of all structures which face a perimeter property line shall be constructed of materials which are stone, brick, or other suitable masonry exclusive of stucco or synthetic stucco and shall not contain access doors to the storage units. Facades in excess of 30 feet in length shall be architecturally articulated either by offsets in the facades or by designs within masonry of the facades.

[vii] No structure, used solely for storage, shall exceed one story in height, including all roof equipment attached thereto. Structures with roof equipment shall provide roof screening to prevent its visibility from all sides of the building. One structure used for caretaker's apartment and office may be 35 feet in height and no more than 2 1/2 stories. The structure shall have a roof pitch no less than eight over 12. Permitted roof types shall be gable, hip or gambrel.

[viii] All outdoor lighting shall be shielded to direct light and glare only onto the premises and shall be of sufficient intensity to discourage vandalism and theft. It shall be directed, shaded and focused away from all adjoining property.

[ix] A minimum of four standard parking spaces shall be located in the immediate vicinity of the administrative office for the use of prospective clients. Two additional standard parking spaces shall be provided for a resident manager's dwelling. Fire lanes shall be designated and marked in accordance with the Fire Prevention Official.

[x] Outdoor miniwarehouse or self-storage identification advertising displays shall be in accordance with this chapter and shall not in any way exceed the maximum size, height, character and spacing allowed in the zone in which it is to be located.

[xi] Drive aisles used for fire separation with access on both sides to storage facilities shall provide a minimum of 30 feet of width where traffic flows both ways. Drive aisles not used for fire separation with access on both sides to storage facilities may be reduced to a minimum of 22 feet of width where traffic flow is both ways.

[xii] Drive aisles with access on one side to storage facilities shall provide a minimum of 22 feet of width. Where traffic flow is permitted, the width may be reduced to a minimum of 20 feet.

[xiii] A minimum fifty-foot continuous planted buffer in accordance with this chapter shall be provided along all property lines adjacent to residentially zoned or developed site and a fifty-foot planted buffer along the rear lot line immediately adjacent to the railroad right-of-way. No parking shall be permitted in a setback from the nearest major arterial road.

[xiv] An extruded aluminum fence with a maximum height of six feet shall be provided around the entire perimeter of the site and shall be black in color. The fence shall be extruded aluminum punctuated with brick piers at a maximum of 20 feet on center. The fence shall be set back a minimum of 50 feet along a major arterial road.

[g] No miniwarehouse of self-storage may be located within a five-mile radius measured between the nearest property lines of any other existing miniwarehouse or self-storage facility.

[2] Drive-through restaurants.

[a] No parking shall be permitted in front yard setback.

[b] Architectural designs must address the spirit of this chapter.

[c] Vehicular stacking for the drive-through facility must be designed in a manner sensitive to the needs for pedestrian movement around the subject site. Conflicts between the two should be kept to a minimum.

[d] Signage shall be consistent with provisions of the sign regulations set forth herein.

[e] If playgrounds are proposed, they shall be designed to be aesthetically compatible with the Town Center Design Regulations,[11] whether enclosed or open.

[11] Editor's Note: The Town Center Zoning and Design Regulations are included at the end of this chapter.

[f] Off-street parking shall be provided at a ratio of one space for three seats or one space for three fire occupancy ratings, whichever is greater.

[g] All parking areas shall be adequately landscaped. Additional buffering and landscape consideration shall be required to buffer and screen the drive-through window and associated canopy and dumpsters or garbage disposal areas from the surrounding property.

[h] Buildings must have direct access to a Type 1 road.

(4) Permitted uses for Special Condition C located in TC-2 Zone District.

(a) The following uses are permitted uses for the Special Condition C in the TC-2 Zone District:

[1] Public and semipublic uses.

[2] Day-care facilities.

[3] Convenience/general stores.

[4] Restaurants, cafes, coffee houses and eateries.

(b) Entrances must face one or more streets with a twelve-foot building setback to line on Robbinsville Road and twenty-foot building setback from Route 33.

(c) Buildings shall conform to the Building Regulating Plan for Commercial Buildings.[12]

[12] Editor's Note: The Building Regulating Plan for Commercial Buildings is located in the Town Center Zoning and Design Regulations, which are included at the end of this chapter.

(d) Parking shall be confined to on-street parallel parking and behind buildings in screened parking lots.

(e) Architectural character shall emulate the Architectural Design Standards and Design Vocabulary of the Town Center.

(f) The front of the building(s) shall have sidewalks and a landscaped parkway with street trees and decorative lights as per the Street Regulating Plan.

(5) Permitted uses for Special Condition D in TC-2 Zone District.

(a) The following uses are permitted uses for the Special Condition D in the TC-2 Zone District:

[1] Public and semipublic uses.

[2] Day-care facilities.

[3] Retail and office use.

[4] Restaurants, cafes, coffee houses and eateries.

(b) Any new additions or major modifications to any or all of these buildings will require a minimum fifteen-foot front yard setback.

(c) To the extent possible, all additional parking not accommodated on the curb shall be located in the rear of the building and shall be properly screened.

(d) Adequate sidewalk, parkway, street trees and decorative lighting shall be provided based on the Town Center Plan.

(e) New buildings and additions to existing structures located on lot(s) that have frontage only onto Route 130 shall be set back a minimum of 24 feet and shall provide a landscaped parkway which shall contain a sidewalk, street trees and decorative lights as per the Street Regulating Plan.

(f) The architectural character shall emulate the Architectural Design Standards and the Design Vocabulary for the Town Center.

(g) See Commercial Building Regulations.[13]

[13] Editor's Note: See the Town Center Zoning and Design Regulations, which are included at the end of this chapter.

(6) Permitted uses for Special Condition E in TC-2 Zone District.

(a) The following uses are permitted for this special condition:

[1] Public and semipublic uses.

[2] Retail/office.

[3] Commercial/office/retail urban apartment.

[4] Auto service station.

(b) All additional parking not accommodated on the curb shall be located in the rear of the building and shall be properly screened.

(c) Adequate sidewalk, parkway, street trees and decorative lighting shall be provided based on the Street Regulating Plan.

(d) New buildings and additions to existing structures located on lot(s) that have frontage only onto Route 130 shall be set back a minimum of 24 feet and shall provide a landscaped parkway which shall contain a sidewalk, street trees and decorative lights as per the Street Regulating Plan.

(e) The architectural character of all buildings and structures shall emulate the Architectural Design Standards and the Design Vocabulary for the Town Center (see Section 5, Design Regulations, of the Town Center Zoning and Design Regulations, which is included at the end of this chapter).

(f) Buildings shall be built in accordance with the Commercial Building Regulations. The present parking configuration serving Ernie's Tavern shall not be modified as a result of the Street Regulating Plan.

(7) Permitted uses for Special Condition F in TC-2 Zone District.

(a) The following uses are permitted for Special Condition F in TC-2 Zone District:

[Amended 6-18-2013 by Ord. No. 2013-13]

[1] Retail sale or rental of goods, merchandise, or equipment, except as follows:

[a] Uses requiring storage or display of goods outside a fully enclosed building.

[b] Motor vehicle sales, leasing, rental or service operations.

[c] Lumberyards.

[d] Adult bookstores and/or peep shows.

[e] Auction markets.

[f] Pawn shops.

[g] Check-cashing establishments.

[h] Outdoor animal kennels or indoor boarding kennels.

[2] Hotels with a one-hundred-room minimum and a restaurant on the premises.

[3] Personal service establishments, having as their primary function the rendering of a service to a client within a building. Such services may include, but are not limited to, barber and beauty shops; dry-cleaning establishments; tailor shops; weight loss centers; portrait studios; interior decorating services; video rental; and mail centers. Such service shall not include the following: escort services, tattoo parlors, massage parlors, body piercing parlor or such similar services.

[4] Business service establishments, having as their primary function the rendering of service to a business client. Such services may include, but are not limited to, general business office services that offer many services such as document reproduction, duplication, administrative services, telefax, overnight mail service, retail sale of arts and crafts materials.

[5] Product service establishments, having as their primary function the servicing or repair of a product, including, but not limited to, the repair and servicing of shoes, audio and visual equipment, appliances, jewelry and watches. Motor vehicle repair, maintenance and/or body shops are not permitted.

[6] Business offices, including, but not limited to, insurance agents, travel agents, realtors, finance and investment companies, and tax preparation services.

[7] Indoor recreation facilities, including instructional studios, health and fitness centers, and indoor racquet sport facilities, but not including amusement arcades or indoor amusements parks, billiard parlors, miniature golf courses or golf ranges.

[8] Banks and other financial institutions, excluding check-cashing businesses but including automated teller machines (ATM).

[9] Professional offices, including, but not limited to, offices for architects, accountants, dentists, doctors, lawyers, engineers, physical therapists, optometrists, opticians, and such other similar professions.

[10] Restaurants, including drive-through facilities, cafes, coffeehouses and eateries. However, no such facility shall be located closer than 300 feet to an R1.5 Zone District.

[11] Designed shopping complex; a building or group of abutting buildings designed to be utilized by more than one permitted use where such building or group of abutting buildings is constructed at one time. The area and yard requirements shall be applied to the one building or group of abutting buildings as one structure.

[12] Retail stores: automotive-related stores with the parts store being at least 50% of the total square feet.

[13] Conditional uses:

[a] House of worship. See § 142-61M.

[b] Gas stations with convenience stores of over 2,500 square feet. See § 142-61F.

(b) Any new additions or major modifications to facilities are required to be reviewed for compliance with this section by the Land Use Board. This includes building, parking locations, loading areas, landscaping, signs and other changes that affect the public realm.

[Amended 8-16-2017 by Ord. No. 2017-16; 7-20-2022 by Ord. No. 2022-27]

(c) Minimum requirements.

[1] Lot area: 20,000 square feet.

[2] Lot frontage: 75 feet.

[3] Lot width: 75 feet.

[4] Lot depth: 150 feet.

[5] Side yard setback, principal building: 10 feet.

[6] Front yard setback, principal building along Route 130: 50 feet; along Route 526: 20 feet; along Type 2A avenue: 10 feet.

[7] Rear yard setback, principal building: 75 feet.

[8] Maximum floor area ratio: 0.25.

[9] Maximum impervious surface: 0.70.

[10] Parking buffer adjacent to all lot lines except adjacent to R1.5 Zone District: five feet. Shared driveways and shared parking lots shall be encouraged, at which point buffers can be deleted.

[11] Buffer adjacent to R1.5 Zone District (includes parking and all structures): 150 feet.

[12] Parking for off-street and loading standards, see Section 4, Site Planning Regulations, Subsection E, Required loading and service areas, and Subsection F, Off-street and on-street parking, of the Town Center Zoning and Design Regulations, as contained at the end of this chapter.

(d) Site design guidelines.

[1] No building, structure or parking area shall be located within 150 feet of the R1.5 Zone District. The first 150 feet adjacent to the R1.5 Zone District shall be buffered and landscaped per Township buffer requirements.

[2] Buildings located within 200 feet of Route 130 shall have their primary or front facade face Route 130 unless there is another building between the subject building(s) and Route 130.

[3] Buildings located within 150 feet of Route 526 shall have their primary or front facade face Route 526 unless there is another building between the subject building(s) and Route 526.

[4] Off-street parking areas shall be restricted to side and rear yards. There shall be no parking or service facilities in front yard setbacks or within setbacks along Route 130 and Route 526.

[5] Multiple tenants may occupy single structures. However, no structure may have a footprint of more than 15,000 square feet and a maximum height of two floors. Differentiation in the architecture shall reflect this maximum module.

[6] Architectural design shall be subject to the guidelines specified in Section 5, Design Regulations, of the Town Center Zoning and Design Regulations, which is included at the end of this chapter.

[7] Additional site design guidelines are found in Section 4, Site Plan Regulations, of the Town Center Zoning and Design Regulations, which is included at the end of this chapter.

[8] All new roadways located within the boundaries of lands associated with Special Condition F and required to serve new development shall be designed and constructed to Avenue Type 2A specifications. New roads shall be dedicated to the Township. All buildings located along Type 2A roadways shall have the primary or front facade face the roadway unless the building is on a corner property in which case two front facades are required.

[9] To the greatest extent possible, access to all lots shall be encouraged to be from Avenue Type 2A roadways. Driveway openings onto Route 130 and Route 526 shall be discouraged. As many as three Type 2A roadway intersections with Route 130 are encouraged, and as many as one Type 2A intersection with Route 526 shall be encouraged. Where practical, new roads shall line up opposite other existing or planned roadways.

[10] All trash shall be stored indoors or within a fully enclosed, architecturally designed dumpster enclosure. It is encouraged that enclosures shall have a roof.

(8) Permitted uses for Special Condition G in TC-2 Zone District.

(a) The following uses are permitted for Special Condition G in the TC-2 Zone District:

[1] Townhouse dwellings.

[2] Commercial/office/retail/urban apartments that conform to the Building Regulating Plan for Commercial Buildings.

[3] Public and semipublic uses.

[4] Single or multiple user offices and office buildings.

[5] Retail sale or rental of goods, merchandise and equipment as permitted in the TC-1 Zone District.

[6] Restaurants, exclusive of drive-through facilities.

(b) Conditional use permitted. Apartment/condominium building. Such use may be permitted in the Special Condition G Zone District, provided the same conforms to the site plan standards for the TC-2 Zone District and applicable Architectural Design Standards and Design Vocabulary of the Town Center Zoning and Design Regulations, which is included at the end of this chapter. The maximum number of residential units permitted in any apartment/condominium building shall be 55 unless additional units up to a maximum of 80 can be achieved by an increase in density in accordance with the provisions of § 142-19C(4) hereof and through the use of the transfer of development rights pursuant to § 142-19C(7); and only upon receipt of a conditional use permit. Individual properties conforming to the conditions set forth in the within section may have up to two residential buildings, provided that the Board is satisfied that there is a compatibility of architecture and similarity in building scale and unit distribution between the buildings proposed for the property. A conditional use permit shall be granted, provided that all of the following conditions are met:

[1] The building is to be constructed on a lot having a lot area of 60,000 square feet or more.

[2] The lot shall have frontage of at least 200 feet on a designated street.

[3] The lot shall have a depth of at least 150 feet.

[4] At least 60% of the front building facade must be built to the front build to line, or setback line or a public open space or park.

[5] The FAR shall not exceed 1.3.

[6] The maximum impervious surface coverage shall not exceed 80%.

[7] Parking in accordance with Section 4, Site Planning Regulations, Subsection F1, Off-street and on-street parking, of the Town Center Zoning and Design Regulations, as contained at the end of this chapter, shall be provided, but the same must be designed in a manner to ensure its exclusive use of the parking needs of the building unless otherwise directed by the Land Use Board at the time of site plan approval.

[Amended 7-20-2022 by Ord. No. 2022-27]

[8] A parking buffer in accordance with Section 4, Site Planning Regulations, Subsection F6, Off-street and on-street parking, of the Town Center Zoning and Design Regulations, as contained at the end of this chapter, shall be provided.

[9] The maximum number of stories shall be four.

[10] The maximum building height shall be 60 feet.

[11] Individual development sites conforming to the minimum lot area may have up to 55 units by right. A maximum of 80 units per development site may be achieved if the development exercises the TDR option.

F. TC-3 and TC-4 Zone Districts.

(1) Permitted uses. The following uses are permitted uses in the TC-3 and TC-4 Zone Districts subject to the applicable development standards and requirements as set forth in the accompanying Street Regulating Plan, Building Regulating Plan, Site Plan Regulations, and Design Regulations incorporated herein by reference:

(a) Residential uses as follows:

[1] Village houses, being single-family detached dwellings.

[2] Duplex dwellings.

[3] Accessory buildings.

[4] Townhouses.

[5] Commercial/office/retail with urban apartments.

[Added 12-23-2014 by Ord. No. 2014-24]

(b) Public and semipublic uses.

(c) Day-care facilities.

(d) Churches, temples and other places of worship and related school buildings and parish houses.

(e) The following commercial uses:

[Amended 12-23-2014 by Ord. No. 2014-24]

[1] Commercial uses as contained in TC-1.

(f) Bed-and-breakfast establishments.

(2) Permitted accessory uses in the TC-3 and TC-4 Zone District:

(a) All accessory uses as contained in TC-1.

[Amended 12-23-2014 by Ord. No. 2014-24]

(b) (Reserved)[14]

[14] Editor’s Note: Former Subsection F(2)(b), Home-based offices, was repealed 12-23-2014 by Ord. No. 2014-24.

(c) Toolsheds and outside storage sheds shall be limited to 48 square feet and be set back a minimum of three feet from any property line except at major roads. Setbacks from major roads (not including lanes) shall be 1/3 of the lot depth or lot width. Accessory uses shall be architecturally compatible with the principal structure. (See Figure 2-3 in the Town Center Zoning and Design Regulations.)[15]

[15] Editor's Note: The Town Center Zoning and Design Regulations are included as an attachment to this chapter.

(d) Any uses to be applied to the site shall have setbacks designed and architectural features consistent with the Town Center Zone District and shall be subject to review and approval by the Land Use Board.

[Amended 8-16-2017 by Ord. No. 2017-16; 7-20-2022 by Ord. No. 2022-27]

(e) Studio room as defined in this chapter.

(f) Accessory dwelling as defined in this chapter but limited to village lots having a minimum area of 7,200 square feet.

§ 142-20 Open spaces in TC Town Center District; contributions to Public Space Fund.

A. The intent of this section is to create a financing mechanism applicable to all properties located within the Town Center Zone District which will provide a reasonable contribution to the cost of creation and maintenance of public open spaces located within the district.

B. The inclusion of the aforesaid open spaces is intended to provide an aesthetic enhancement to the district as a whole and to transfer obligations which would otherwise fall to individual property owners to centrally located spaces which will benefit the community at large and simultaneously allow development to occur on lots of sizes smaller than those normally required.

C. The inclusion of these public spaces is anticipated to provide an overall enhancement of property values within the district by allowing more dense development and by providing amenities with pedestrian access otherwise not typically available in the suburban environment. Due to the significance of these public spaces to the overall development of Town Center, the location, size and design have been included as an open space element in the Township Master Plan.

D. Public space contribution. All properties located within the Town Center Zone District and its various subsections shall be subject to the payment of a public space contribution. The funds collected by the Township pursuant to this section shall be deposited in a separate designated account identified as the "Public Space Fund" which shall be used solely for the purpose of the creation, completion, and maintenance of the public open spaces located in the Town Center Zone District and designated in the Town Center Open Space Plan as being for said purpose. Street trees, typical development buffers, and typical site plan landscaping shall not be included in the contribution calculation. Upgrades to curb and sidewalk in the street right-of-way that are beyond the typical standard of concrete shall, however, be included in the contribution calculation.

E. Method of contribution. Property owners of properties located within the Town Center Zone District shall be required to contribute their proportionate share of the cost of the creation, enhancement and maintenance of the public open spaces pursuant to the following formula:

(1) Commercial and retail properties. All properties located within the Town Center Zone District shall be required to contribute to the Public Space Fund in an amount equal to $2.21 per square foot for retail and $2.01 per square foot for commercial properties in amounts equivalent to 1999 dollar values, which amounts are to be adjusted at time of payment by the Consumer Price Index of the Greater Philadelphia Region. For purposes of this section, commercial and retail properties shall be defined to include all properties which form part of an existing lot or newly created lot, the intent of which is for the location of a commercial or retail building or use directly related to a commercial or retail building either located on said lot or an adjacent lot for which the use is intended to be associated. Public parking areas required by this chapter or other similar public amenities required by § 142-19, TC Town Center District, shall not be considered in determining the contribution amount.

(2) Residential properties.

(a) All newly created residential properties located within the Town Center Zone District shall be required to contribute to the Public Space Fund in an amount equal to the following in 1999 dollar values, which amounts are to be adjusted at time of payment by the Consumer Price Index of the Greater Philadelphia Region, for the various lot types as set forth herein:

[1] For village lots: $4,728.50.

[2] For narrow lots: $4,120.50.

[3] For townhouse lots: $3,115.50.

[4] For duplex lots: $3,618.

[5] For village apartments: $2,190.90.

(b) Residential properties with residential structures in existence at the time of the adoption of the Town Center Ordinance[1] shall be exempt from any contribution, provided that they remain purely residential properties.

[1] Editor's Note: See § 142-19, TC Town Center District.

(3) Redevelopment properties. Those properties upon which development existed at the time of the adoption of the Town Center Ordinance which are intended to be used for any purpose other than that for which they existed at the time of the adoption of the Town Center Ordinance shall be subject to the provisions of this section if the intended use of the property is to be changed or expanded by virtue of the redevelopment of said property. Existing buildings shall be subject to 1/2 of the contribution as otherwise required under Subsection E(1) or (2) depending upon the change of use to which the property is intended to be put by the redevelopment of the same. Additions to existing commercial buildings, new construction, or replacement buildings shall be subject to the full contribution. For commercial building expansion but not a change of use, only the expanded portion of the building shall be used in the calculation of the fees. For developments proposing a change of use, the entire building shall be used in the calculation of the fees.

(4) Public purpose properties. Any property intended to be used solely for the purpose of a public use as required by the Town Center Ordinance[2] shall be exempt from the requirement of any contribution pursuant to the provisions of this section.

[2] Editor's Note: See § 142-19, TC Town Center District.

F. Time of contribution.

(1) Each property owner subject to the provisions of this section shall post a bond with the Municipal Clerk for its contribution to the Public Space Fund at the time of final approval.

(2) Any property owner owning a property which is subject to the provisions of this section shall be responsible for posting the amount determined to be due to the Public Space Fund at the time of submitting an application for a building permit or change of use, whichever occurs first. No permits shall issue until the Chief Financial Officer of the Township has certified that the requisite payment has been made to said fund. Properties for which a phased approval is requested shall require the posting of all required contributions for each approval phase prior to the commencement of construction of any subsequent phase(s). In the event it is impossible to determine the precise amount of the contribution for an uncompleted phase, the property owner shall post an amount equal to the maximum amount which could be owed. Upon completion of that phase, any amount paid in excess of the actual amount which should have been paid shall be refunded to the owner.

G. Use of funds collected. The use and distribution of funds collected pursuant to the provisions of this section shall be determined by the governing body upon recommendation by the municipal official as designated by § 142-19, TC Town Center District. Said funds, however, shall be used only for the purposes enunciated herein.

H. Waiver of contribution. The governing body shall reserve the right to waive the collection of a Public Space Fund contribution from any property owner who would otherwise be responsible for the payment of the same upon recommendation by the designated municipal official with the consent of the Land Use Board if it is determined that the property owner has offered or agreed to participation in an improvement determined to be consistent with the enhancement of the public spaces of the Town Center at large per the Open Space Master Plan.

[Amended 8-16-2017 by Ord. No. 2017-16; 7-20-2022 by Ord. No. 2022-27]

§ 142-20.1 MU-ARCD Mixed-Use/Age-Restricted Conservation Development Zone District.

A. Intent and purpose. It is the intent and purpose of this section to create a zoning district which would provide for one or more mixed-use/multi-use development(s) consisting of a variety of ownership and structural types of residential, commercial and other compatible nonresidential uses designed to create a blended community within this section of the Township.

Provided it is consistent with the Township's adopted Housing Element and Fair Share Plan (§ 5.3.2.B herein[1]), residential uses may include a mix of market rate and affordable housing, age-restricted and non-age-restricted housing independent and assisted/communal living facilities, which shall be integrated to the extent practicable so as to negate any artificial distinctions between such uses.

Nonresidential uses shall include hospitality and restaurant uses and other uses consistent with those permitted in the Highway Commercial HC Zone (§ 142-23).

Where practicable and appropriate, such development(s) will employ neo-traditional compact design that will preserve existing agricultural fields and forests and promote commerce so as to promote the following:

[Amended 11-14-2024 by Ord. No. 2024-40]

(1) Age-restricted housing: provide the opportunity for creation of age-restricted housing in the Township to enable municipal residents and others to age in place within the existing community.

(2) Hamlets and villages: protect the rural character, rural quality of life, and cultural heritage of the community by channeling new development in hamlets and villages. The street patterns of new hamlets and villages should include several connections to the Township road system and permit easy walking to Township facilities. "Gated-type" communities and their prominent signs should be discouraged.

(3) Recreation facilities: provide a lifestyle community with active and passive recreation facilities suited to older citizens and community residents.

(4) Creative use of large tracts: permit flexibility of design, site layout, and development to promote superior land planning design, greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure, while preserving and protecting open space, farmland, floodplains, and natural and scenic features.

(5) Service and utilities: encourage orderly and well-planned development at a scale and location so that it is feasible to construct a comprehensive package of supporting utilities, services and facilities, active and passive recreation facilities, stormwater management system and associated infrastructure. The proposed development shall either provide a private water, sanitary, and stormwater system or be incorporated into an existing public system.

(6) Traffic circulation: encourage orderly development of sites with sufficient frontage on major collectors or state or county highways to provide safe, efficient access and traffic circulation, and require orderly internal traffic and pedestrian circulation.

(7) Comprehensive plan: promote a development pattern in harmony with the objectives of the Township Master Plan.

(8) Preservation: maximize the preservation of slopes over 20%, wetlands, flood-prone areas, historic structures or areas, useful contiguous farmland, unique natural or geographic formations, rare vegetation or habitats of endangered wildlife, lakes, ponds and water bodies.

[1] Editor's Note: So in original.

B. MU-ARCD District designated. The MU-ARCD district is established on the following properties within the Township as shown on the Zoning Map.[2]

[2] Editor's Note: The Zoning Map is included as an attachment to this chapter.

C. Permitted uses. The following principal uses are permitted in the MU-ARCD District as part of a planned mixed-use, age-restricted/non-age-restricted housing development:

(1) Age-restricted single-family dwellings. Age-restricted single-family dwelling units shall be in detached, semidetached (duplex), and attached (townhouse) structures and shall constitute a minimum of 80% of the total residential units and a maximum of 150 units on the site, exclusive of age-restricted/non-age restricted multifamily dwelling units, continuing care retirement community or congregate and communal elderly housing, assisted living, nursing home units and obligatory affordable housing units. Location and type of age-restricted single-family dwelling units shall be predetermined by the developer during the approval process.

(2) Non-age-restricted single-family dwellings. All single-family dwelling units that are not age restricted shall be in detached, semidetached or attached (townhouse) structures and shall constitute a maximum of 20% of the total number of residential units and shall not exceed a maximum of 30 units, exclusive of age-restricted/non-age-restricted multifamily dwelling units, continuing care retirement community, congregate and communal elderly housing, assisted living, nursing home units and obligatory affordable housing units. Location and type of non-age-restricted single-family dwelling units shall be predetermined by the developer during the subdivision approval process.

(3) Age-restricted/non-age-restricted multifamily dwellings. Age-restricted/non-age-restricted dwelling units in multifamily buildings provided that the number of such units does not exceed 24 units, exclusive of continuing care retirement community, congregate and communal elderly housing, assisted living, nursing home units and obligatory affordable housing units. The Township Council and board of jurisdiction may permit an increase in the allowable density of multifamily dwelling units to accommodate the inclusion of additional low- and moderate-income housing units pursuant to § 142-20.1E(2).

(4) Continuing care retirement community or congregate and communal elderly housing. Housing for persons 62 years of age or older which provides various levels of residential accommodations and care and may include residential, assisted living and nursing home accommodations. Such housing or residences could provide various levels of support services including such things as meals, transportation, maintenance, housekeeping, activities, fitness center, entertainment, chaplain, emergency response, utilities and home health care. The facility can, but need not, include a mix of market rate, Section 8 HUD subsidized housing, COAH, assisted living and nursing home units. All continuing care retirement community (CCRC) units or congregate and communal elderly housing facilities (CCEHF) shall be in multifamily structures provided that the total number of CCRC and CCEHF residential units shall not exceed a maximum of 200 units, exclusive of assisted living or nursing home beds and obligatory affordable housing units. The total number of assisted living or nursing home beds associated with a CCRC or CCEH shall not exceed 200.

(5) Mixed-use buildings and/or nonresidential uses. Within a mixed-use building, ground floors shall be limited to non-residential uses. All listed uses may occur on upper floors, provided that access to residential and nonresidential sections of the building are separated and that no cross-over (except for emergency services) is permitted.

[Amended 11-14-2024 by Ord. No. 2024-40]

(a) Commercial uses:

[1] Supermarkets.

[2] Apparel and accessory stores.

[3] Furniture and home furnishing stores.

[4] Drug stores, proprietary stores and convenience stores.

[5] Miscellaneous shopping goods stores, except adult book stores.

[6] Commercial and savings banks.

[7] Photocopying and duplicating services.

[8] Auto- and home-supply stores.

[9] Reupholstery and furniture repair.

[10] Animal specialty services, except boarding kennels.

[11] Barber shops and beauty salons, except beauty culture schools and cosmetology.

[12] Advertising agencies.

[13] Computer and data processing services.

[14] Offices and clinics of medical doctors.

[15] Legal services.

[16] Engineering, accounting, research, management, and related services, except facilities support management services.

[17] Insurance agents, brokers and services.

[18] Real estate agents and managers, except real estate auctions and time-sharing real estate.

[19] Commercial art and graphic design.

[20] Programming, computer data processing and other computer-related services.

[21] Eating places limited to restaurants.

(b) Offices.

[Amended 11-14-2024 by Ord. No. 2024-40]

(c) The minimum land area devoted to nonresidential and mixed-use development shall constitute no less than 5% of the gross land area within a MU-ARCD. Such uses shall be located within 1,000 feet of a major arterial road and have either direct access to a road classified in function by the Township Master Plan as a major arterial or secondary access to a major arterial from a major collector road via a controlled intersection. The parking areas of such uses shall be internally coordinated and shall access adjacent roadways in limited locations, in conjunction with adjacent residential uses. For the purpose of this subsection, assisted living and nursing home facilities shall not be considered nonresidential uses.

(d) Conditional uses. Service stations with or without convenience center or minimart shall be permitted as conditional uses subject to the provisions of § 142-61F of the Zoning Ordinance.

(6) Farmette or homestead. Farmettes or homesteads are permitted to be constructed on a minimum of 50 acres and shall be counted as part of the overall permitted residential density.

(7) Public parks, conservation areas, open space and public purpose uses. Any common open space areas proposed to be held by a homeowners' association or lands proposed to be held in conservation easements must first be offered to the Township for acceptance prior to being conveyed to any other entity.

(8) Public, quasi-public or private recreational parks. Public, quasi-public or private recreational parks, such as a community pool, community center and sports-related facility (e.g., Y.M.C.A.), provided they are located on site with a minimum of five acres and all parking requirements can be met on site for the intended use. The bulk regulations for the private nonprofit recreational facilities shall be as defined in § 142-20.1G(4)(b).

(9) Agricultural uses. Agricultural activities may be permitted on the portions of the land to be preserved through dedication or conservation easements provided that a minimum buffer of 50 feet is provided between any residential use and an active agricultural use. Agricultural uses are limited to farming, crop production and landscape stock production. Buildings for industrial agriculture shall be prohibited.

(10) Assisted living and nursing homes. Assisted living residences or nursing home facilities provided any such uses are located on entirely self-contained sections or parcels or associated with a continuing care retirement community or congregate and communal elderly housing development and adequate parking and open space are provided on site.

(11) Hotels. Hotels with a 100-room minimum and a restaurant on the premises.

[Amended 11-14-2024 by Ord. No. 2024-40]

(12) Agritecture.

[Added 11-14-2024 by Ord. No. 2024-40]

D. Accessory uses. The following accessory uses are permitted in the MU-ARCD District:

(1) Common recreational facilities. Indoor or outdoor recreation centers and/or clubhouses, as specifically approved by the board of jurisdiction, within the specified common open spaces to satisfy the needs of the residential population and visitors within the development. At a minimum, the proposed development shall provide common indoor and/or outdoor recreational and cultural facilities for the use of the residents of the development and their guests.

(2) Attached or detached private garages, carports and off-street parking. Subject to the development standards and controls set forth in § 142.20.1H(15).

(3) Patios and decks. Subject to the development standards and controls in § 142.20.1H(8).

(4) Fences and walls. Subject to the development standards and controls in § 142.20.1H(7).

(5) Home occupations and home offices. Subject to and regulated by the provisions of § 142-33.1C.

(6) Pools and spas. Subject to the development standards and controls in § 142-20.1H(16).[3]

[3] Editor's Note: Former Subsection D(7), Temporary and construction trailers, which immediately followed this subsection, was repealed 11-14-2024 by Ord. No. 2024-40. This ordinance also redesignated former Subsection D(8) and (9) as Subsection D(7) and (8).

(7) Signs. Subject to the standards of § 142-48.[4]

[4] Editor's Note: Former Subsection D(9), which permitted certain amateur radio antennas and antenna support structures as accessory uses in the MU-ARCD District, was repealed 2-23-2012 by Ord. No. 2012-1.

(8) Toolsheds. Subject to the development standards and controls in § 142-20.1H(17).

[Added 6-15-2022 by Ord. No. 2022-22]

E. Permitted density.

(1) Maximum residential base density. The maximum residential base density in a MU-ARCD shall not exceed the equivalent of one dwelling unit per gross acre, regardless of the mix of age-restricted, non-age-restricted, continuing care retirement community units and congregate and communal elderly housing facilities. When a calculation of permitted density results in a fractional unit of 0.5 or more, the fractional unit shall be rounded up to the nearest whole number. The maximum gross acreage devoted to the MU-ARCD shall not exceed 500 acres. Particular sections or phases of the proposed development may have net densities that differ from the maximum gross residential density, but which when averaged shall not exceed the maximum gross residential density. The locations of age-restricted and non-age-restricted units shall be predetermined at the time of general development plan or preliminary plan approval. Assisted living, Nursing home or affordable housing obligatory units shall not be counted in calculating the permitted base density.

(2) Increase in density. The Land Use Board may approve a density increase beyond the maximum gross residential density in a MU-ARCD to accommodate the inclusion of additional low- and moderate-income affordable housing units not previously incorporated into the Fair Share Housing Plan of the Township or to accommodate units that fulfill the on-site Fair-Share COAH obligation generated by a project. In order to increase density, the proposal to provide additional affordable housing units must be approved by the board of jurisdiction, the Township Council and the Council on Affordable Housing as an amendment to the Township's Fair Share Housing Plan. Any increase in density based upon this section shall be determined by the regulations of the Council on Affordable Housing. The precise location and distribution of the affordable housing units, if any, and the phasing of the development of same shall be subject to review and approval by the Township Council and board of jurisdiction.

[Amended 11-14-2024 by Ord. No. 2024-40]

F. General development plan. An applicant for a MU-ARCD meeting the minimum acreage requirements hereof may apply to the board of jurisdiction for general development plan approval, which application shall be subject to the provisions of N.J.S.A. 40:55D-45.1 through 40:55D-45.8.

G. General, bulk and other dimensional requirements.

(1) Minimum acreage. The lands proposed for a MU-ARCD shall be at least 100 acres and may consist of one or more contiguous or noncontiguous parcels.

(2) Frontage. The lands proposed for a MU-ARCD shall have a minimum frontage of 1,000 feet along a road classified in function by the Township Master Plan as a major collector or higher.

(3) Area and yard requirements for detached, semidetached, attached (townhouse) structures, multifamily residential structures, continuing care retirement community units or congregate and communal elderly housing facilities.

(a) The residential design standards of this section permit the construction of infrastructure and site improvements that are inconsistent with the Residential Site Improvement Standards (RSIS). The Township and the developer for a MU-ARCD shall enter into an agreement to waive the applicable provisions of RSIS to achieve the desired design elements proposed on site or apply to the Site Improvement Advisory Board for special area status waiver.

(b) The minimum area and yard requirements for independent age-restricted, continuing care retirement community units or congregate and communal elderly housing facilities and non-age-restricted dwelling units shall be as follows:

[1] Detached units: principal building (minimums/maximums).

[a] Lot area: 7,000 square feet (minimum).

[b] Lot frontage¹: 60 feet (minimum).

[c] Lot width: 60 feet (minimum).

[d] Lot depth: 120 feet (minimum).

[e] Front yard²: five feet (minimum), at the non-garage portion of the dwellings.³

[f] Side yard²: five feet on one side, 12 feet combined (minimum).

[g] Rear yard²: 30 feet (minimum), exclusive of the garage portion of the dwelling.

[h] Building coverage: 50% (maximum).

[i] Impervious area: 65% (maximum).

[j] Building height: 1 1/2 stories (minimum), 3 1/2 stories (maximum).

[k] Required parking: See § 142-20.1H(13)(b).

	Notes:
	1	Lots may front on nonagricultural open space provided that these lots meet all other bulk and yard requirements as set forth above. Flag lots are permitted provided that the flag portion of the lot has sufficient frontage and emergency access from a park or open space.
	2	Exclusive of permitted setback encroachments.
	3	When front-loaded garages are constructed, the minimum setback at the garage shall be 20 feet.

[2] Semidetached units: principal building (minimums/maximums).

[a] Lot area: 3,800 square feet (minimum).

[b] Lot frontage¹: 35 feet (minimum).

[c] Lot width: 35 feet (minimum).

[d] Lot depth: 110 feet (minimum).

[e] Front yard²: 10 feet (minimum) at the non-garage portion of the dwellings.³

[f] Side yard²: 7 1/2 feet (minimum) portion of the dwelling.

[g] Building coverage: 50% (maximum).

[h] Impervious area: 65% (maximum).

[i] Building height: 1 1/2 stories (minimum), 3 1/2 stories (maximum).

[j] Required parking: See § 142-20.1H(13)(b).

	Notes:
	1	Lots may front on nonagricultural open space provided that these lots meet all other bulk and yard requirements as set forth above.
	2	Exclusive of permitted setback encroachments.
	3	When front-loaded garages are constructed, the minimum setback at the garage shall be 20 feet.

[3] Attached (townhouse) units: principal building (minimums/maximums).

[a] Lot area: 2,200 square feet (minimum).

[b] Lot frontage¹: 20 feet (minimum).

[c] Lot width: 20 feet (minimum).

[d] Lot depth: 110 feet (minimum).

[e] Front yard²: five feet (minimum).

[f] Side yard² (interior): zero feet (minimum).

[g] Side yard² (end): five feet (minimum).

[h] Rear yard²: 30 feet (minimum), exclusive of the garage portion of the dwelling.

[i] Building coverage: 70% (maximum).

[j] Impervious area: 80% (maximum).

[k] Building height: 1 1/2 stories (minimum), 3 1/2 stories (maximum).

[l] Building size: six dwelling units in a row and 220 feet in length (maximum).

[m] Required parking: See § 142-20.1H(13)(b).

	Notes:
	1	Lots may front on nonagricultural open space provided that these lots meet all other bulk and yard requirements as set forth above.
	2	Exclusive of permitted setback encroachments.

[4] Multifamily units: Principal building (minimums/maximums).

[a] Lot area: 20,000 square feet (minimum).

[b] Lot frontage: 100 feet (minimum).

[c] Lot width: 150 feet (minimum).

[d] Lot depth: 150 feet (minimum).

[e] Front yard¹: 10 feet (minimum).

[f] Side yard¹: 10 feet (minimum).

[g] Rear yard¹: 30 feet (minimum).

[h] Building coverage: 70% (maximum).

[i] Impervious area: 90% (maximum).

[j] Building height: two stories (minimum), four stories (maximum).

[k] Required parking: See § 142-20.1H(13)(b).

	Notes:
	1	Exclusive of permitted setback encroachments.

[5] Continuing care retirement community units or congregate and communal elderly housing facilities with or without assisted living residences and/or nursing homes.

[a] Lot area: 20,000 square feet (minimum).

[b] Lot frontage: 100 feet (minimum).

[c] Lot width: 150 feet (minimum).

[d] Lot depth: 150 feet (minimum).

[e] Front yard¹: 10 feet (minimum).

[f] Side yard¹: 10 feet (minimum).

[g] Rear yard¹: 30 feet (minimum).

[h] Building coverage: 70% (maximum).

[i] Impervious area: 90% (maximum).

[j] Building height: One story (minimum), four stories (maximum).

[k] Required parking: See § 142-20.1H(13)(b).

	Notes:
	1	Exclusive of permitted setback encroachments.

(4) Area and yard requirements for nonresidential, mixed-use buildings, assisted living, nursing homes and public, quasi-public and private nonprofit recreational buildings and facilities.

(a) Nonresidential, mixed-use buildings, assisted living and nursing home facilities.

[1] Lot area: 20,000 square feet (minimum).

[2] Lot frontage: 200 feet.

[3] Lot width: 150 feet (minimum).

[4] Lot depth: 150 feet (minimum).

[5] Front yard¹: 10 feet (minimum).

[6] Side yard¹: 10 feet (minimum).

[7] Rear yard¹: 30 feet (minimum).

[8] Floor area ratio: 0.55 (maximum).

[9] Building coverage: 70% (maximum).

[10] Impervious area: 90% (maximum).

[11] Building height: one story (minimum), four stories (maximum).

[12] Required parking: See § 142-20.1H(13)(b).

[13] The total land area devoted to nonresidential and mixed-use development shall not exceed 15% of the gross land area within a MU-ARCD. Such uses shall be located within 1,000 feet of a major arterial road and have either direct access to a road classified in function by the Township Master Plan as a major arterial or secondary access to a major arterial from a major collector road via a controlled intersection. The parking areas of such uses shall be internally coordinated and shall access adjacent roadways in limited locations, in conjunction with adjacent residential uses.

	Notes:
	1	Exclusive of permitted setback encroachments.

(b) Public, quasi-public or private recreational parks.

[1] Lot area: five acres.

[2] Lot frontage: 200 feet.

[3] Lot width: 200 feet.

[4] Lot depth: 200 feet.

[5] Front yard¹: 20 feet.

[6] Side yard¹: 20 feet.

[7] Rear yard¹: 30 feet.

[8] Floor area ratio: 0.50 (maximum).

[9] Building coverage: 70% (maximum).

[10] Impervious area: 90% (maximum).

[11] Building height: one story (minimum), 3 1/2 stories (maximum).

[12] Required parking: See § 142-20.1H(13)(b).

	Notes:
	1	Exclusive of permitted setback encroachments.

(c) Hotel.

[Added 11-14-2024 by Ord. No. 2024-40]

[1] Lot area: five acres (minimum).

[2] Lot frontage: 300 feet (minimum).

[3] Lot width: 300 feet (minimum).

[4] Lot depth: 300 feet (minimum).

[5] Front yard: 80 feet (minimum).

[6] Side yard: 40 feet (minimum).

[7] Rear yard: 40 feet (minimum).

[8] Building coverage: 70% (maximum).

[9] Impervious coverage: 90% (maximum).

[10] Building height: two stories (minimum), six stories (maximum).

[11] Required parking: See § 142-20.1H(13)(b).

H. Development standards and controls.

(1) Residential subdivision controls. Except as specified herein, all development standards and controls of the Township Land Use Ordinance applicable to residential subdivisions and uses shall also be applicable to MU-ARCD developments.

(2) Restrictions on age-restricted dwelling units.

(a) All age-restricted dwelling 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 in permanent residence, with the following exceptions:

[1] A member of a couple under the age of 55 years who is residing with his/her partner who is 55 years of age or older.

[2] A member of a couple under 55 years of age who resides in a unit may continue to occupy the unit after the occupant who is 55 years of age or older enters an assisted living or nursing home facility located in the development.

[3] A member of a couple under 55 years of age who resides in a unit may continue to occupy the unit after the death of the occupant who was 55 years of age or older.

[4] A disabled child or children under 19 years of age who is residing with his/her parent who is 55 years of age or older.

[5] Visitation by children under the age of 19 who are family members or guests of the residents shall be permitted for no more than 60 consecutive days.

(b) The required deed restriction shall be set forth in the master deed and bylaws establishing the homeowners' association for the MU-ARCD, which shall be reviewed and approved by the attorney for the Township and the attorney for the board of jurisdiction as a condition of any final approval granted for the MU-ARCD.

(3) Buffers. The proposed development shall provide a landscaped buffer of at least 50 feet in depth between the outer perimeter of the property being subdivided and the boundary of any required yard setback line of a newly created lot. The board of jurisdiction may require additional landscaping to screen utility buildings, refuse collection areas, cooling systems and other similar installations and features. The board of jurisdiction may also reduce the required buffer width where, in its judgment, topography, existing natural vegetation or proposed landscaping, or other proposed improvements provide sufficient screening and privacy for residents.

(4) Open space and recreation areas. At least 65% of the gross acreage of any MU-ARCD site shall be composed of land which is used for parks, public/quasi-public/private recreational uses or parks and purposes and/or preserved farmland, farmettes or permanently preserved open space. "Open space" shall be defined as the required perimeter buffer (but not required yards), preserved farmland, farmette, environmentally sensitive lands, and/or land protected by conservation easements or owned by a homeowners' association provided such land is permanently preserved as open space. The land area on which stormwater detention facilities are constructed may be counted as open space and be included as part of the total required open space area calculation and such facilities shall be maintained by the homeowners' association.

(5) Ownership of common lands. Unless accepted by the Township; all open space, private recreation areas and areas not owned by an individual homeowner in a MU-ARCD shall be owned and maintained either by a land trust or homeowners' association established by the developer.

(6) Site layout design considerations. The board of jurisdiction shall consider the layout of small neighborhoods or clusters within the development, each having open space immediately surrounding it, as a goal of proper site planning so that a massive concentration of units, with little or no differentiation, can be avoided.

(7) Fences, decorative walls and hedges. Fences and walls shall complement the architectural style, type and design of the dwelling unit and the overall project design.

(a) Front yard fences:

[1] Shall not exceed three feet in height.

[2] Shall not be more than 50% solid.

[3] Shall be made of vinyl (white), wood (stained white) or decorative aluminum.

[4] Gates are permitted at walkways in the front yard.

[5] Corner posts shall be larger and taller than intermediary posts and shall be capped.

[6] To the extent possible, front yard fences shall line up with adjacent fences on neighboring properties.

(b) Residential interior lots. Adjacent residential lots shall be divided by a five-foot-high minimum and six-foot-high maximum wood or vinyl fence.

(c) Residential corner lots. Side streets should be treated the same as front streets. The front porch encroachment may wrap around the corner on a corner lot house. Subject to the specific architecture of the unit, rear yard fencing may extend along the side street and may be between five feet and six feet high only from the rear property line to a point that is either half of the depth of the unit or the location of the side entry, when provided.

(d) Rear yard fences.

[1] All residents shall be responsible for maintaining permanent rear yard fencing adequate to provide adjacent neighbors with reasonable privacy.

[2] Shall not exceed six feet in height.

[3] Shall be a minimum of 75% solid.

[4] Shall be made of vinyl (white) or wood (stained white).

[5] Gates shall be permitted at walkways in the front and rear yard and at the driveway. The design of the gates shall complement the design of the fence.

[6] Corner posts shall be larger and taller than intermediary posts, and corner posts shall be capped.

[7] Rear yard fences shall be no closer than five feet to the rear property line where fences abut alleys.

(8) Decks, patios and terraces shall complement the architectural style and design of the dwelling units and the overall project design. Patios or decks shall not be constructed closer than five feet to the side and rear property lines for single-family, duplexes or townhomes.

(9) Gazebos, arbors, trellises or pergolas. Gazebos or other similar freestanding accessory structures are permitted in the rear yard only.

(a) Maximum height of gazebos shall not exceed 12 feet above adjacent grade, excluding rooftop ornaments. Gazebos shall be constructed of wood and shall have a maximum size of 150 square feet.

(b) Gazebos shall be located no closer than five feet from the dwelling unit and side and rear property lines.

(c) Trellises, arbors and gate arbors are permitted in the side and rear yards.

(d) Trellises, arbors and gate arbors shall be proportionately sized for the overall area of the yard and shall not exceed eight feet in height, five feet in width and three feet in depth. They shall be constructed of wood and complement the architectural style, type and design of the fence or dwelling.

(e) Location of arbors, trellises, and pergolas shall be located no closer than five feet to the side and rear property lines.

(10) Accessory porches.

(a) Any porch built by the property owner and not provided by the builder at the time of initial construction shall be considered an accessory porch.

(b) Accessory porches shall complement the architectural style and design of the dwelling units and the overall project design.

(c) Front accessory porches shall have a minimum depth of six feet and shall be subject to Township ordinance requirements.

(11) Vehicle circulation system and traffic access. All streets and driveways within a MU-ARCD shall be designed to adequately serve their intended traffic function and the anticipated volume of traffic generated by the development. Direct access shall be provided by a state or county highway or a road classified in function by the Township Master Plan as a major collector or higher. Major traffic circulation streets which connect to various sections of the MU-ARCD and provide access to major off-site streets (e.g., state or county highway or a road classified in function by the Township Master Plan as a major collector or higher) shall be designated "development collector roadways."

(12) Pedestrian and bicycle circulation system. In a MU-ARCD, a pedestrian and bicycle circulation system shall be designed and installed in addition to the vehicular circulation system, which is sufficient for the needs of the development residents. Such a system shall be composed of paved and unpaved walkways and bikeways of appropriate width and designed and located to serve their intended function to interconnect residents with nearby commercial services, public and private recreational facilities and open spaces.

(13) Off-street parking and loading areas.

(a) Required loading and service areas. When required, loading docks, solid waste enclosures, recycling enclosures, and other service areas shall be placed to the rear or side of buildings in visually unobtrusive locations. Screening and landscaping shall be provided to minimize direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and landscaping shall also be provided to minimize spillover glare, noise, or exhaust fumes. Screening and buffering shall be achieved through walls, fences, and landscaping. Screening shall be a minimum of five feet tall, and shall be visually impervious. Recesses in the building or depressed access ramps may be used.

(b) Off-street and on-street parking. The overall intent for the provision of parking in the MU-ARCD District is to balance the use mix with available parking opportunities both on street and off street. Off-street parking shall be provided according to the minimum requirements as specified below:

	Use		Required Off-Street Parking
	Single-family dwellings		2 garage spaces per unit
	Duplexes and townhomes		2 spaces per unit. (At least 1 garage space shall be provided.)
	Multifamily dwellings:1,2
		1 bedroom	1.00 space per unit
		2 bedrooms	1.40 spaces per unit
		3 bedrooms	1.75 spaces per unit
	Accessory dwellings		1 space per unit
	Retail2		Minimum 4 spaces per 1,000 square feet
	Office		Minimum 3.5 spaces per 1,000 square feet
	Public, quasi-public and private nonprofit recreational facilities		Minimum 4 spaces per 1,000 square feet
	Assisted living and nursing home facilities		1/3 space per bed and 1 space per staff member on maximum shift3

	Notes:
	1	Total on-street and off-street parking for multifamily dwellings shall be 1.35 spaces for one-bedroom units, 1.65 spaces for two-bedroom units and 2 spaces for three-bedroom units.
	2	If adequate on-street parking is not available, additional off-street spaces shall be provided.
	3	No more than the number of off-street parking required to meet the needs of residents, employees and guests of the facility shall be allowed.

(c) Parking lots and/or associated driveways may abut and overlap property lines that abut other nonresidential MU-ARCD uses, predicated upon establishing an appropriate access easement that clearly defines all associated maintenance responsibilities.

(d) Parking spaces and/or associated driveways shall be located a minimum of 10 feet from any side or rear property line which abuts a residential use.

(e) Off-street parking for commercial uses shall be sufficient to provide parking for the employees of all proposed uses as well as long-term customer parking. Spaces reserved for employees shall be designated as such by means of striping and signage. Off-street parking lots shall be located at the side and rear of buildings on the interior of lots whenever possible, and shall be accessed by means of common driveways. Cross-access easements for use and maintenance of adjacent interconnected parking lots shall be required in a form acceptable to the Township Attorney and the board of jurisdiction attorney.

(f) In addition to the off-street parking requirements specified above, on-street parking shall be provided to serve customers of commercial uses. Where permitted, commercial on-street parking shall be provided as curbside, parallel, or angle parking located along both sides of the streets on blocks upon which commercial uses front.

(g) Shared parking shall be encouraged for all commercial parking lots and particularly for those serving mixed-use commercial and residential buildings. Where necessary, in parking lots which are serving mixed-use commercial and residential buildings, the board of jurisdiction may, in its discretion, permit a limited amount of parking to be reserved either for residential or specified commercial uses only; or may restrict the hours that certain spaces are to be used for residential or commercial uses only. In exercising its discretion to allow any limitations to be placed on the use of any parking spaces, the board of jurisdiction shall do so with the intent to limit such restrictive use in order to advance the objective of encouraging shared parking.

(14) Parking lot landscaping, buffering and screening.

(a) With the exception of lots that do not back up to alleys or lanes, driveways and driveway access shall be prohibited in any front yard area.

(b) Parking lot layout, landscaping, buffering, and screening shall be provided to minimize direct views of parked vehicles from streets and sidewalks, avoid spillover light, glare, noise, or exhaust fumes onto adjacent properties, in particular residential properties, and provide the parking area with a reasonable measure of shade, when trees reach maturity. In order to achieve these objectives, parking lots exposed to the public view shall be surrounded by a minimum of a three-foot-high, year-round visually impervious screen, hedge, or wall. However, where these buffers are used to screen driveways or approach sidewalks or walkways, the walls will be located in a manner to provide adequate visibility of pedestrians from motor vehicles, and shall not interfere with clear sight triangle requirements.

(c) The interior of all parking lots shall be landscaped to provide shade and visual relief. This is best achieved by protected planting islands or peninsulas within the perimeter of the parking lot. Parking lots with 10 or less spaces may not require interior landscaping if the board of jurisdiction determines that there is adequate perimeter landscaping. In parking lots with 11 or more spaces, a maximum of one deciduous shade tree shall be required to be planted in the parking lot for every five parking spaces. A six-foot planting diamond or equivalent planter is required per tree. Choice of plant materials, buffer width, type of screening, location, and frequency of tree planting shall be flexible provided these objectives are designed to the satisfaction of the board of jurisdiction.

(d) Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided, where necessary and appropriate, shall be distinguished by textured paving, and shall be integrated into the wider network of pedestrian walkways. Pavement textures shall be required on pedestrian accessways, and strongly encouraged elsewhere in the parking lot, as surfacing materials, or when used as accents and as approved by the board of jurisdiction.

(15) Residential garage and parking design standards.

(a) With the exception of lots that do not back up to alleys or lanes, driveways and driveway access shall be prohibited in any front yard area.

(b) The maximum width of a driveway throat shall not exceed 24 feet. There shall be no more than one driveway apron per lot. Driveways that are accessed through the front yard area shall be no wider than 20 feet.

(c) Driveways and driveway access shall only be permitted in the front yard area provided that the garage is recessed at least five feet from the main portion of the dwelling unit.

(d) Garages, driveways and parking areas shall have a minimum setback of three feet from any side property line, exclusive of attached garages on duplexes and townhouse units.

(e) A driveway that is shared by dwellings on two adjacent lots may be located with the driveway center line on the common side lot line.

(f) Parking for duplexes and townhouses shall be provided as driveways or garages with access from a rear lane only, with the exception of end units which may have access from a side street.

(g) Garages shall only be located to the rear of the principal building, with the exception of where access to a rear alley is not provided.

(h) The garage setback from the right-of-way of the rear lane shall be governed by the following:

[1] No parking is permitted within the driveway accessing the garage, in which case the garage shall be set back no less than 10 feet, with a six-inch tolerance, from the right-of-way of the rear lane; or

[2] Parking may occur within the driveway leading to the garage, in which case said garage shall be set back 20 feet from the right-of-way of the rear lane. No vehicle parked in a driveway or parking area shall encroach into the public right-of-way.

[3] Two adjacent residential lots may share a driveway along their common property line subject to a cross-access easement.

[4] Residential lots may require on-site parking spaces adjacent to the garage in order to meet the minimum off-street parking requirements if sufficient spaces are not provided within the garage and the driveway to the garage.

[5] Garages on single-family or duplex and townhouse end units on corner lots are permitted direct access to the side street provided the entrance of said garage has a setback 10 feet farther than the side wall of the dwelling unit.

[6] Driveways must be dust-free and constructed of asphalt, brick pavers, concrete, two-foot-wide concrete wheel tracks, or stone pavers.

[7] Required parking for multifamily buildings may be located in common parking lots located on a lot other than that containing the apartment building entrances; parking shall be located within 300 feet of the urban apartment building entrance in order to minimize parking off site.

(16) Pools and spas.

(a) Pools and spas are permitted in the rear yards only. Aboveground pools are not permitted and spas are to be installed at grade level.

(b) Pools and spas shall be located no closer than 10 feet from the side and rear property line.

(c) Pools shall be located no closer than 10 feet from a dwelling or accessory structure.

(d) Spas shall be located no closer than five feet from a dwelling or accessory structure.

(17) Toolsheds.

[Added 6-15-2022 by Ord. No. 2022-22]

(a) Toolsheds or other similar freestanding accessory structures are permitted in rear yards only.

(b) Maximum height of toolsheds shall not exceed 12 feet in height measured to the highest point in the roofline or eight feet measured to the top of the highest sidewall and not greater than 125 square feet in area; provided, however, that not more than one such toolshed per lot shall be a permitted accessory building.

(c) Toolsheds shall be located no closer than five feet from the dwelling unit and side and rear property lines.

I. Nonconforming lots, structures and uses. Nonconforming lots, structures and uses existing at the time of adoption of this §  142-20.1 which are not incorporated as part of a MU-ARCD development application shall be governed by the following.

(1) Nonconforming lots. Any existing lot on which a building or structure is located, which does not meet the minimum requirements of this § 142-20.1, may have additions to the principal building and/or construction of an accessory building without obtaining variance relief, provided that the following requirements are met:

(a) Minimum lot area: 30,000 square feet.

(b) Minimum lot width: 150 feet.

(c) Minimum lot depth: 150 feet.

(d) Minimum front yard: 50 feet.

(e) Minimum rear yard: 50 feet.

(f) Minimum side yard: 25 feet.

(g) Maximum coverage of principal building: 12%.

(h) Maximum coverage of accessory building: 3%.

(i) Maximum building height: 2 1/2 stories or 35 feet.

(j) Maximum impervious coverage: 25%.

(2) Structures and uses. Any use, building or structure lawfully existing at the time of the enactment of this § 142-20.1 which does not meet the requirements contained in § 142-20.1 may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion, flood or other act of God, to an extent of more than 66% of the recorded true value as appraised by the average of three independent certified appraisers selected by the Township and paid for by the property owner, then such destruction shall be deemed completely destroyed and the structure may not be rebuilt, restored or repaired except in conformity with the regulations of this § 142-20.1. If any residence is destroyed by fire only, it may be rebuilt regardless of the damage.

§ 142-21 OC Office/Commercial Zone District.

[Amended 11-14-2024 by Ord. No. 2024-40

A. Purpose. This zone district is intended to recognize the development of the Route 33/Route 130 corridor for office and commercial uses, and provide for new office and commercial uses with a goal of avoiding the strip commercial image that could occur along these highways.

B. Permitted uses in the OC Zone District shall take into account the availability of sanitary sewers as well as septic suitability and the seasonal high water table. Where sanitary sewers are not available, permitted uses shall be limited to low-intensity uses with minimal utilization of on-site sanitary sewage disposal systems. Principal permitted uses of the land and buildings where sanitary sewers are not available are as follows:

(1) Municipal facilities.

(2) Public playgrounds, conservation areas, parks and other public-purpose areas.

(3) Permitted business and commercial uses shall be limited to those included in the Standard Industrial Classification Group (SIC) indicated. Codes are based on the Standard Industrial Classification Manual of 1987 by the United States Office of Management and Budget. Two-digit SIC codes signify major groups within a primary activity classification and include all three- and four-digit subgroups within each major group:

(a) Building materials and garden supplies except mobile home dealers (SIC 52).

(b) Meat and fish markets (SIC 5421).

(c) Fruit and vegetable markets (SIC 5431).

(d) Apparel and accessory stores (SIC 56).

(e) Furniture and home furnishing stores (SIC 57).

(f) Drug stores and proprietary stores (SIC 591).

(g) Miscellaneous shopping goods stores except adult bookstores (SIC 594).

(h) Optical goods stores (SIC 5995).

(i) Commercial banks (SIC 602).

(j) Savings banks (SIC 603).

(k) Credit unions (SIC 606).

(l) Electrical goods (SIC 506).

(m) Photocopying and duplicating services (SIC 7334).

(n) Auto and home supply stores (SIC 5531) limited to automobile parts and accessory dealers.

(o) Automotive repair shops — top, body and upholstery repair shops (SIC 7532).

(p) Automotive repair shops, not elsewhere classified (SIC 7539), limited to automotive air-conditioner repair and radiator repair.

(q) Reupholstery and furniture repair (SIC 7641).

(r) Animal specialty services, except veterinary limited to boarding kennels (SIC 0752).

(s) Barber shops (SIC 7241).

C. Permitted uses where sanitary sewers are available shall include those listed in § 142-21B and the following additional SIC groups:

(1) Advertising agencies (SIC 7311).

(2) Computer and data processing services (SIC 737).

(3) Offices and clinics of medical doctors (SIC 801).

(4) Offices and clinics of dentists (SIC 802).

(5) Offices of osteopathic physicians (SIC 803).

(6) Offices and clinics of chiropractors (SIC 8041).

(7) Offices and clinics of optometrists (SIC 8042).

(8) Offices and clinics of podiatrists (SIC 8043).

(9) Legal services (SIC 8111).

(10) Engineering, accounting, research, management, and related services (SIC 87) except facilities support management services (SIC 8744).

(11) Security brokers (SIC 6211).

(12) Insurance agents, brokers and services (SIC 6411).

(13) Real estate agents and managers (SIC 6531), except brokers of on-site manufactured homes, condominium and cooperative apartment managers, housing authorities, real estate auctions, rental agents and time-sharing real estate.

(14) Commercial art and graphic design (SIC 7336).

(15) Programming, computer data processing and other computer-related services (SIC 737).

(16) Eating places (SIC 5812) limited to restaurants, except fast-food and carry-out establishments.

(17) Beauty shops (SIC 7231), except beauty culture schools and cosmetology schools.

(18) Membership organizations (SIC 86).

(19) Other uses whose day-to-day activities are consistent with the uses described in § 142-21B and C, provided that the applicant shall submit a description of the proposed use(s) and the operational aspects of the use(s) for review and determination of compatibility by the Zoning Officer.

(20) Indoor and outdoor active and passive recreational uses and facilities, including health, therapeutic and fitness centers, gymnasiums, tennis and racquetball courts and like and similar uses.

(21) Art galleries; artist, musician and photography studios; dance and instructional studios, and like and similar activities.

D. Accessory uses permitted.

(1) Off-street parking. See § 142-41.

(2) Fences and walls. See § 142-36.

(3) Amateur radio antennas and antenna support structure. Satellite dish antennas shall be installed in accordance with the standards specified in § 142-33.1H.

E. Conditional uses.

(1) Service stations. See § 142-61F.

(2) House of worship. See § 142-61M.

F. Area, yard and building requirements.

(1) See Schedule B, Area, Yard and Building Requirements.[1]

[1] Editor's Note: Schedule B can be found in Appendix A, included as an attachment to this chapter.

(2) Access frontage. Because most of this zone has frontage along median-divided Route 130, curb cuts must be located with the intention of minimizing the total number of curb cuts. Driveway access should be no closer than 250 feet from any public street intersecting with Route 130.

(3) Streetscape (street frontage). See §142-47F for street tree requirements. All road frontage shall be curbed. Street/parking lot lighting shall be provided in accordance with § 142-37.

(4) Landscaping and buffers. All areas not devoted to structures and all unpaved areas shall be landscaped with trees, shrubs and ground cover. Buffers shall be provided in all parking areas to screen vehicles from public streets and adjacent properties. A visually impervious buffer consisting of evergreen screen plantings which are a minimum of four feet high shall be provided in parking areas located within front setback areas. Parking areas within side or rear yards shall be provided with a visually impervious buffer consisting of screen plantings, board-on-board or masonry fencing.

G. Off-street parking. See § 142-41.

H. Off-street loading. See § 142-41.

I. Signs. See § 142-48.

§ 142-22 VC Village Commercial Zone District.

A. VC District designated. The VC District is established on the properties within the Township as shown on the map and designated on the Zoning Map, as amended hereby.[1]

[1] Editor's Note: The Zoning Map is included as an attachment to this chapter.

B. Purpose and intent.

(1) In furtherance of the 2007 Master Plan Reexamination and Land Use Element Amendment (herein known as the Master Plan) adopted March 21, 2007, the creation of this VC District is part of a cohesive economic development plan intended to improve the primary commercial corridors within the Township and help to achieve a better balance between residential and commercial development. Additionally, the VC District will help the Township in its historic preservation efforts. An objective of the Master Plan is to establish planning and design standards so that new developments are of a scale that is compatible with the Township's historic and rural character. The Master Plan calls for the creation of a village commercial district within the area delineated as this zoning district in order to take advantage of the surrounding historic communities and to help create a unique sense of place with office and retail uses for both residents and visitors to explore. The Master Plan further recommends appropriate planning designs and architectural review in order to maximize benefits and minimize negative externalities and impacts.

(2) The intent of the VC Zone is to provide commercial uses at a scale that is consistent with the adjacent Village of Windsor. As stated in the Master Plan Reexamination and Land Use Element, the following types of uses are not the intended types of uses for the VC Zone: new or used sales or rental of motor vehicles; automotive repair facilities; motels; service stations; adult book stores; adult movie theaters; drug paraphernalia stores; junkyards; massage parlors; tattoo parlors; kennels; car washes; and body piercing studios.

[Amended 7-13-2021 by Ord. No. 2021-20]

C. Permitted uses.

(1) Retail stores, provided there is no fabrication, manufacturing, converting, altering, finishing, or assembly.

(2) Service activities, such as but not limited to banks, barbershops, beauty salons, tailors, shoe repair, dry cleaners, provided no cleaning conducted on the premises, jewelry repair, and legal services.

(3) Business offices, including but not limited to medical offices, professional offices and governmental offices.

(4) Restaurants; drive-through facilities are not permitted.

(5) Combination office service and/or retail sales.

D. Accessory uses permitted.

(1) Off-street parking. See § 142-41.

(2) Fences and walls. See § 142-36.

(3) Garages, storage buildings and other customary accessory uses incidental to the principal use.[2]

[2] Editor's Note: Former Subsection D(4), regarding temporary construction trailers, which immediately followed this subsection, was repealed 11-14-2024 by Ord. No. 2024-40. This ordinance also redesignated former Subsection D(5) as Subsection D(4).

(4) Amateur radio antennas and antenna support structure. Satellite dish antennas shall be installed in accordance with the standards specified in § 142-33.1H.

[Amended 11-14-2024 by Ord. No. 2024-40]

(5) Indoor and outdoor active and passive recreational uses and facilities, including, health, therapeutic and fitness centers, gymnasiums, tennis and racquetball courts and like and similar uses.

[Added 11-14-2024 by Ord. No. 2024-40]

(6) Art galleries; artist, musician and photography studios; dance and instructional studios, and like and similar uses.

[Added 11-14-2024 by Ord. No. 2024-40]

E. Conditional uses:

(1) House of worship. See § 142-61M.

F. Area and yard requirements.

(1) Minimum lot area: 10,000 square feet.

(2) Minimum lot width: 100 feet.

(3) Minimum lot frontage: 100 feet.

(4) Minimum lot depth: 125 feet.

(5) Minimum front yard setback: 35 feet.

(6) Minimum side yard setback: 10 feet.

(7) Minimum rear yard setback: 30 feet.

(8) Maximum impervious surface ratio: 0.70.

(9) Minimum gross floor area: 3,000 square feet.

(10) Maximum floor area ratio: 0.30.

(11) Minimum parking setbacks: 20 feet, front yard; 10 feet, rear and side yards.

(12) Minimum driveway side yard setback: 10 feet.

(13) Maximum building height: 25 feet or 2 1/2 stories.

G. Nonconforming lots. See § 142-40.

H. Performance and design standards. The following criteria and guidelines shall be used by all municipal agencies in reviewing applications for site plan approval. They are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention, and innovation. Where a development involves an existing building or site upon which an existing building is located, the existing building shall be repaired, renovated, and restored to comply with this section. Three-dimensional illustrative architectural renderings shall be submitted as part of any site plan application. The renderings may be digital. These color renderings shall be considered part of any approvals granted and shall not be substantially changed.

(1) Exception. The performance and design standards described in this section shall be used as the Township's presumptive minimum requirements for subdivision and site plan development and as criteria for evaluating the plan and design of such development plans. However, the guidelines and standards are not intended to restrict creativity, and an applicant may request that the performance and design standards be modified or waived. To gain approval of such modification or waiver, the applicant shall demonstrate the criteria for variances pursuant to N.J.S.A. 40:55D-70.

(2) Historic preservation subcommittee. All applications in the VC Zone shall be submitted to the Robbinsville Township Historic Preservation Subcommittee for review.

(3) Site design — spatial requirements.

(a) The organization of buildings, drives, parking areas, service areas, walks and other site components should have a functional relationship and be compatible with existing site features and the adjacent historic Village of Windsor.

(b) The alignment of the major access of a building should be related to the orientation of the adjacent buildings and street.

(c) Physical site elements such as accessory buildings, fences, walls, tree grates and other plantings should relate from one parcel to another as well as the adjacent historic Village of Windsor to provide visual continuity.

(4) Architecture.

(a) Franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) is discouraged. Franchise of national chains are encouraged to follow building design standards provided herein to create a unique building that is compatible with surrounding buildings.

(b) Architectural features, including but not limited to cornices, windows, door and trim, should be typical of the growth period (1832-1875) of the Village of Windsor.

(5) Materials, texture and color. Materials for new construction should be similar to the types of and textures of materials in the area, specifically the historic Village of Windsor. Renovations, restoration and maintenance work should match existing materials.

(6) Mechanical equipment and roof projections. Exterior-mounted mechanical and electrical equipment exposed to public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof.

(7) Building massing and scale.

(a) A human scale should be achieved at ground level and along street frontages and entryways through the use of windows, doors, columns, canopies and architectural details such as cornices, window and door trim, etc.

(b) Large single rectangular block buildings with undifferentiated facades are inappropriate. Where large structures are required, massing should be broken up through the use of gables, indentations, variation in rooflines, arcades and other design techniques.

(c) Each facade must be treated architecturally, not just the entrance facade. The entire front sides and rear of the building shall be coordinated in compatible colors and materials. Street facades in the public view should receive the greatest architectural interest.

(8) Roofs. The type, shape, pitch, texture and color of a roof should be considered as an integral part of the design of a building and shall be architecturally compatible with the style, materials, colors and details of such building.

(9) Pedestrian circulation and walkways. All buildings shall be harmoniously related to the existing road network and other civic spaces. Pedestrian linkages to adjacent neighborhoods, specifically the historic Village of Windsor, are encouraged.

(10) Parking lot and loading area landscaping, buffering and screening.

(a) See § 142-41.

(b) Landscaped islands and other green space should be consolidated into useful areas and not just narrow strips of grass or plantings.

(c) Parking lot layout shall take into consideration pedestrian circulation and activities. Pedestrian crosswalks shall be provided, where necessary and appropriate, should be distinguished by textured paving and shall be integrated into the wider network of walkways.

(d) Shared parking arrangements should be encouraged with adjacent uses.

(11) Landscaping. See § 142-47.

(a) Landscaping shall be provided as approved by the reviewing board to provide shade, designate entrances, screen parking from roads, buffer utility areas, and provide aesthetic interest throughout the year.

(b) Extensive landscaping shall be required in accordance with a plan conceived for each site as a whole. All areas of a site not occupied by buildings, parking lots, other improvements or textured paving shall be intensively landscaped by the planting of grass or other ground cover; masses of shrubs; and trees as part of site plan approval. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate.

(c) Protection of existing plantings. Maximum effort shall be made to save existing plantings. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Snow fences and silt fences are examples of acceptable barriers.

(d) Slope plantings. Landscaping in the area of cuts and fills and/or terraces shall be sufficient to prevent erosion, and all slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability and environment.

(e) Maintenance. See § 142-47L. Additionally, plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season.

(f) All applications for development shall include plans for water irrigation on all landscaping, buffering and lawn area. The approved irrigation plan shall be constructed, installed and maintained by the developer and/or subsequent owner.

(12) Lighting.

(a) See § 142-37.

(b) All light fixtures and light poles proposed as part of a site plan should be ornamental and compatible with the architectural style of the building and the adjacent historic Village of Windsor. Lighting standards that are not compatible with the architecture design of the building, such as cobra heads or shoeboxes, are not permitted.

(c) The maximum cutoff angle shall be used to shield light source, glare and unwanted light from adjacent properties and motorists approaching on bounding roads and highways.

(13) Signage. See § 142-48.

§ 142-23 HC Highway Commercial Zone District.

[Amended 11-14-2014 by Ord. No. 2014-23; 7-13-2021 by Ord. No. 2021-20; 11-14-2024 by Ord. No. 2024-40;4-24-2025 by Ord. No. 2025-18 ]

A. HC District designated. The HC District is established on the properties within the Township as shown on the map and designated on the Zoning Map, as amended hereby.[1]

[1] Editor's Note: The Zoning Map is included at the end of this chapter.

B. Purpose and intent.

(1) In furtherance of the Master Plan Reexamination and Land Use Element Amendment (herein known as the Master Plan) adopted March 21, 2007, the creation of this HC District is part of a cohesive economic development plan intended to improve the primary commercial corridors within the Township and help to achieve a better balance between residential and commercial development. The Master Plan calls for the creation of a highway commercial district within the area delineated as this zoning district in order to facilitate and stimulate commercial development along Route 130. The Master Plan further recommends appropriate planning designs, uses, and architectural review in order to maximize benefits and minimize negative externalities and impacts.

(2) The intent of the HC Zone is to provide commercial uses that serve Township residents as well as residents of the surrounding municipalities. As stated in the 2007 Master Plan Reexamination and Land Use Element, the following types of uses are not the intended types of uses for the HC Zone: new or used sales or rentals of motor vehicles; motels; adult book stores; adult movie theaters; drug paraphernalia stores; junkyards; massage parlors; tarot card readings/fortune-telling establishments; tattoo parlors; and body piercing studios.

C. Permitted uses:

(1) Shopping center.

(2) Retail stores: automotive-related stores with the parts store being at least 50% of the total square feet.

(3) Service activities, such as but not limited to banks, barbershops, beauty salons, tailors, shoe repair, dry cleaners (except no chemical dry cleaning is permitted on the premises), jewelry repair, and legal services.

(4) Business offices, including but not limited to medical offices and governmental offices.

(5) Restaurants, including drive-through facilities.

(6) Indoor and outdoor active and passive recreational uses and facilities, including, health, therapeutic and fitness centers, gymnasiums, tennis and racquetball courts, and like and similar uses

(7) Combination office service and/or retail sales.

(8) Hotels with a 100-room minimum and a restaurant on the premises.

(9) Art galleries; artist, musician and photography studios; dance and instructional studios, and like and similar activities.

D. Accessory uses permitted:

(1) Off-street parking. See § 142-41.

(2) Fences and walls. See § 142-36.

(3) Garages, storage buildings and other customary accessory uses incidental to the principal use.

(4) Amateur radio antennas and antenna support structure. Satellite dish antennas shall be installed in accordance with the standards specified in § 142-33.1H.

E. Conditional uses:

(1) House of worship. See § 142-61M.

(2) Service stations with convenience stores of over 2,500 square feet. See § 142-61F.

F. Prohibited uses.

(1) Cemeteries.

(2) Crematorium.

G. Area and yard requirements.

(1) Minimum lot area: 40,000 square feet.

(2) Minimum lot width: 150 feet.

(3) Minimum lot frontage: 150 feet.

(4) Minimum lot depth: 250 feet.

(5) Minimum front yard setback: 35 feet.

(6) Minimum side yard setback: 20 feet.

(7) Minimum rear yard setback: 30 feet.

(8) Maximum impervious surface ratio: 0.65.

(9) Minimum gross floor area: 3,000 square feet.

(10) Maximum floor area ratio: 0.25.

(11) Minimum parking setbacks: 20 feet, front yard; 10 feet, rear and side yards.

(12) Minimum driveway side yard setback: 10 feet.

(13) Maximum building height: 35 feet or three stories.

H. Nonconforming lots. See § 142-40.

I. Performance and design standards. The following criteria and guidelines shall be used by all municipal agencies in reviewing applications for site plan approval. They are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention, and innovation. Where a development involves an existing building or site upon which an existing building is located, the existing building shall be repaired, renovated, and restored to comply with this section. Three-dimensional illustrative architectural renderings shall be submitted as part of any site plan application. The renderings may be digital. These color renderings shall be considered part of any approvals granted and shall not be substantially changed.

(1) Exception. The performance and design standards described in this section shall be used as the Township's presumptive minimum requirements for subdivision and site plan development and as criteria for evaluating the plan and design of such development plans. However, the guidelines and standards are not intended to restrict creativity, and an applicant may request that the performance and design standards be modified or waived. To gain approval of such modification or waiver, the applicant shall demonstrate criteria for variances pursuant to N.J.S.A. 40:55D-70.

(2) Building massing.

(a) Buildings should avoid long, uninterrupted wall or roof planes. Building wall offsets, including both projections and recesses, shall be required in order to provide architectural interest and variety and relieve the visual effect of a single, long wall. Similarly, roofline offsets should be provided along any roof measuring longer than 75 feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long roof.

(b) Larger buildings should reduce the appearance of bulk through recesses, offsets, changes of plane, stepped terraces or other devices which break down and articulate building mass.

(3) Architecture. Franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) is discouraged. Franchise of national chains are encouraged to follow building design standards provided herein to create a unique building that is compatible with surrounding buildings.

(4) Facades and exterior walls.

(a) Facades should be designed to balance vertical and horizontal elements of composition. In general, facades should present a vertical division into base, middle or shaft and capital or cornice, as well as a pattern of horizontal subdivisions into bays, where appropriate. Separation of a facade into these components helps relate a building to the human scale.

(b) Undifferentiated facades, facades where the vertical elements overwhelm the horizontal elements indicative of changes in level or use, expansive blank walls, or facades with extended horizontal fenestration should not be permitted.

(c) Facade colors should be low-reflective, subtle, natural or earth-tone colors. Bright reds, oranges, yellows, or other high-intensity colors are not permitted. Neon tubing is not permitted to outline windows, signs, buildings, structures or architectural details.

(5) Building location and orientation.

(a) Spatial relationships between buildings and other structures should be geometrically logical and/or architecturally formal.

(b) Buildings should be located to allow for adequate fire and emergency access.

(c) In a multiple building development, buildings located on the interior of a site should front towards and relate to one another, both functionally and visually. To the extent possible, multiple building developments should be organized around features, such as courtyards and quadrangles, which encourage pedestrian activity.

(6) Roofs.

(a) The type, shape, pitch, texture and color of a roof should be considered as an integral part of the design of a building and should be architecturally compatible with the style, materials, colors and details of such buildings.

(b) Rooflines should be varied with a change in height every 75 linear feet in a building length. Rooflines should be used to add interest to and reduce the massive scale of large buildings.

(c) Flat roofs are not permitted on one-story buildings.

(d) Mansard roofs are not permitted.

(e) Architectural embellishments that add visual interest to roofs, such as dormers, belvederes, masonry, chimneys, cupolas, clock towers and other similar elements, are encouraged, provided that they are architecturally compatible with the building.

(7) Mechanical screening. All mechanical equipment, whether placed on the ground, roof or other location, should be screened from ground level view with an acceptable material compatible with the architectural scheme of the development.

(8) Storefronts.

(a) Storefronts are an integral part of a building. The building's facade should dictate the storefront's composition in terms of spacing and alignment of buildings and windows. Storefronts should be designed to be compatible with the overall character of the facade, to maximize pedestrian interest, and to maintain a pedestrian scale.

(b) Buildings with multiple storefronts should be unified through the use of architecturally compatible styles, colors, details, awnings, signage, and lighting fixtures on all storefronts.

(9) Pedestrian circulation and walkways.

(a) Walkway design ("walkway" shall mean a path provided for pedestrian use through a site) shall promote pedestrian circulation within each site and throughout the district; walkways shall be separate and distinct from motor vehicle circulation and, to the greatest extent possible, provide a pleasant route for users, promote enjoyment of the site and encourage incidental social interaction among pedestrians.

(b) Walkways should be constructed of brick, colored/textured concrete pavers or slabs, or some combination thereof that is compatible with the style, materials, colors, and details of the surrounding buildings as well as with the public sidewalks. The functional, visual and tactile properties of the paving materials should be appropriate to the proposed functions of pedestrian circulation. Walkways should be raised and curbed along buildings and within parking lots, where suitable.

(c) Barrier-free walkway systems shall be provided to allow pedestrian access to buildings or uses from parking lots and public sidewalks.

(10) Exterior spaces.

(a) Outdoor gathering space shall be provided within each development, as appropriate. Gathering space for employees shall be located in the rear of the development and should be sufficiently screened.

(b) The layout, materials and details used in the treatment of exterior spaces shall be selected to enhance their immediate surroundings. Public and semipublic exterior spaces should be functional and provide amenities for their users, in the form of textured paving, landscaping, lighting, street trees, benches, trash receptacles and other items of street furniture, as appropriate.

(11) Parking lot and loading area landscaping, buffering and screening.

(a) See § 142-41.

(b) Landscaped islands and other green space should be consolidated into useful areas and not just narrow strips of grass or plantings.

(c) In the HC Zone, site plans shall balance the functional requirements of parking with the provision of pedestrian amenities. Transition areas between parking and commercial uses shall be designed with textured paving, landscaping, and street furniture.

(d) Parking lot layout shall take into consideration pedestrian circulation and activities. Pedestrian crosswalks shall be provided, where necessary and appropriate, shall be distinguished by textured paving and shall be integrated into the wider network of walkways. Pavement textures shall be required on pedestrian accessways, and strongly encouraged elsewhere in the parking lot, as surfacing materials or when used as accents.

(e) Parking lot layout shall take into consideration adjacent parking areas. An interconnection between parking areas along Route 130 is encouraged.

(12) Access frontage. Because this zone has frontage along median-divided Route 130, curb cuts must be located with the intention of minimizing the total number of curb cuts. Driveway access should be located in accordance with New Jersey Department of Transportation standards and regulations from any public street intersecting with Route 130.

(13) Landscaping.

(a) See § 142-47.

(b) Landscaping shall be provided as approved by the reviewing board to provide shade, designate entrances, screen parking from roads, buffer utility areas, and provide aesthetic interest throughout the year.

(c) Extensive landscaping shall be required in accordance with a plan conceived for each site as a whole. All areas of a site not occupied by buildings, parking lots, other improvements or textured paving shall be intensively landscaped by the planting of grass or other ground cover; masses of shrubs; and trees as part of site plan approval. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as ground paving materials, paths and walkways, gazebos, fences and walls, street furniture, art and sculpture.

(d) Protection of existing plantings. Maximum effort shall be made to save existing plantings. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Snow fences and silt fences are examples of acceptable barriers.

(e) Slope plantings. Landscaping in the area of cuts and fills and/or terraces shall be sufficient to prevent erosion, and all slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability and environment.

(f) Maintenance. See § 142-47L. Additionally, plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season.

(g) All applications for development shall include plans for water irrigation on all landscaping, buffering and lawn area. The approved irrigation plan shall be constructed, installed and maintained by the developer and/or subsequent owner.

(14) Lighting.

(a) See § 142-37.

(b) All light fixtures and light poles proposed as part of a site plan should be ornamental and compatible with the architectural style of the building. Lighting standards that are not compatible with the architecture design of the building, such as cobra heads or shoeboxes, are not permitted.

(c) The lighting plan should take into consideration the hours of operation of the proposed use. The lights should be designed so that they can be reduced or turned off when they are not necessary. A timer may be necessary to regulate the hours.

(d) The maximum cutoff angle shall be used to shield light source, glare and unwanted light from adjacent properties and motorists approaching on bounding roads and highways.

(15) Signage. See § 142-48.

(16) LEED. To the extent feasible, development within the HC Zone should follow the guidelines of the U.S. Green Council's Leadership in Energy and Environmental Design (LEED).

§ 142-24 ORH Office, Research, Hotel District.

A. Preamble. This zone is planned for new large-scale office and research uses. Hotel and conference centers are also encouraged to take advantage of the N.J. Turnpike and interstate highways.

B. Principal permitted uses on the land and in buildings.

(1) Offices and office buildings.

(2) Research and laboratories.

(3) Hotels and conference centers, including multi-use complexes consisting of any combination of professional meeting and training facilities (i.e., classrooms, auditoriums, theaters, amphitheaters); recreational and athletic facilities; restaurants, dining and banquet facilities; and accessory retail or other service facilities incidental to said use.

[Amended 11-14-2024 by Ord. No. 2024-40]

(4) Agritecture.

[Amended 11-14-2024 by Ord. No. 2024-40[1]]

[1] Editor's Note: This ordinance also repealed former Subsection D(5), Farms, (6), Banks and bank branches only in office parks, (7), restaurants only in office parks, and (8), tennis centers, health clubs and racquet clubs only in office parks, which immediately followed this subsection, and redesignated former Subsection D(9) as Subsection D(5).

(5) Flex space or office/service center involving at least 50% of the total floor area as office, with the remaining floor area as warehouse.

C. Accessory uses permitted.

(1) Off-street parking. See § 142-41.

(2) Fences and walls, provided that no fences or walls for the containment of ponies, horses, cows, sheep, or other farm livestock shall be located within 100 feet of any street right-of-way line common property line with a residential zone. See § 142-36 for additional standards.

(3) Parking garages, storage buildings, maintenance sheds, and other customary accessory uses incidental to the principal use. Such uses/structures may be constructed as part of a principal structure or may be developed as a detached accessory structure to a principal use. When developed as a detached accessory structure, the same-lot limitations of § 1.142-7 shall not apply.

[Amended 11-14-2024 by Ord. No. 2024-40[2]

[2] Editor's Note: This ordinance also repealed former Subsection C(4), regarding temporary construction trailers, and redesignated former Subsection C(5) through (7) as Subsection C(4) through C(6).

(4) Employee cafeterias as part of a principal building or as the entire use of a principal building, provided the cafeteria is limited in service to the employee of the principal use designed on the site plan approved by the Land Use Board.

[Amended 7-20-2022 by Ord. No. 2022-27]

(5) Day-care centers associated with office buildings.

(6) Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 142-33.1H.

(7) Restaurants. Standard as defined in § 142-7, except that take-out food shall be permitted.

[Added 11-14-2024 by Ord. No. 2024-40]

(8) Indoor and outdoor active and passive recreational uses and facilities, including, health and fitness centers, gymnasiums, tennis and racquetball courts and line and similar uses.

[Added 11-14-2024 by Ord. No. 2024-40]

D. Maximum building height. No building shall exceed 45 feet in height or three stories. This shall include the screening of heating, ventilation and air-conditioning units.

E. Gross minimum floor area. Each principal building shall have a minimum gross floor area of 12,000 square feet.

F. Standards.

(1) Front yard. The front yard setback must be a minimum of 25% of the average lot depth. This area must be extensively landscaped. Parking in the front yard is limited to 2% of total parking. Principal dropoff and entrance to the structure shall be in the front yard. All parking in front yards shall be screened by planting to a minimum height of four feet and maintained as a one-hundred-percent impervious buffer.

(2) Side and rear yards. These yards must be three times the total height of the building, including heating, ventilation and air conditioning, or 100 feet. All rear and side yards must be extensively landscaped with either vegetation which at planting provides a one-hundred-percent visually impervious barrier from five feet above ground level or with a combination of berms or fence wall.

(3) Floor area ratio. Two-tenths or 20% of lot area, including all enclosed surfaces under one roof, if public sewer and water are available. If public sewer is not available, then the floor area ratio shall be 0.05.

(4) Impervious surface ratio. Five-tenths including all paved surfaces and detention basins, if public sewer and water are available. If they are not, then the ratio is 0.4.

(5) Access. All lots containing these uses must be interconnected and provide direct access with the proposed loop road or other major arterials. Developers will be responsible to provide off-site and on-site circulation improvements in proportion to the potential impacts.

G. Off-street parking. See § 142-41.

H. Off-street loading. See § 142-41G.

I. Signs. See § 142-48.

J. Streetscape (street frontage). See § 142-47F for street tree requirements.

§ 142-25 PCD Planned Commercial Development Zone.

[Amended 3-18-2013 by Ord. No. 2013-5; 7-13-2021 by Ord. No. 2021-20; 7-20-2022 by Ord. No. 2022-27; 5-15-2023 by Ord. No. 2023-23]

A. Preamble. This zone recognizes the need for large tract development for office, warehouse, light manufacturing and "flex" (office/warehouse buildings) in the Township. Also permitted are uses which are intended to provide attendant services for employees, suppliers and visitors of the primary uses. Due to the nature of these uses, the same must be situated in proximity to major arterial roads and highways. The zone also recognizes that there are several isolated residential properties physically located in the zone district, which residences are located in such a way as to preclude a separate zone district being created. The intent is to allow the existing residential properties to continue to exist.

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

PLANNED COMMERCIAL DEVELOPMENT ZONE

That area designated on the Robbinsville Township Zoning Map as "PCD Zone." The PCD Zone shall include the area bounded on the west by the New Jersey Turnpike, on the north by Gordon Road, on the east by the Monmouth/Mercer County border and on the south by I-195. An applicant meeting the requirements of this section may develop its property located within the PCD Zone as a planned development pursuant to a general development plan application, or by an application for site plan approval, with or without an application for general development plan approval.

TECHNICAL COORDINATING COMMITTEE

The Technical Coordinating Committee as contemplated in N.J.S.A. 40:55D-45, and shall be deemed to be the Technical Review Committee as defined and established in § 142-76, Technical Review Committee.

C. Permitted uses. Only the following building types or uses shall be permitted within the PCD Zone:

(1) Principal permitted uses.

(a) Type 1 principal permitted uses or any combination uses listed below, limited to the following block(s) and lot(s): Block 38.01, Lots 15.01 and 2.01; Block 40, Lots 1.01 and 3; Block 41, Lot 8.

[1] General business, corporate, and professional offices, including administrative, sales, executive, research and development, high technology and other general or corporate business uses.

[2] Retail and related uses sited for the convenience of the employees within the PCD Zone in conjunction with a general development plan for a planned commercial development. Such retail uses shall be limited to:

[a] Banks and financial institutions.

[b] Restaurants, provided there is no drive-through service or service in vehicles. An employee cafeteria or lunch room whose location is within a building and whose operation is solely accessory to a permitted nonretail use shall not be construed to be a restaurant under this section.

[3] Hotel and conference centers, including multiuse complexes consisting of any combination of professional meeting and training facilities (i.e., classrooms, auditoriums, theaters, amphitheaters); recreational and athletic facilities; restaurants, dining and banquet facilities; and accessory retail or other service facilities incidental to said use.

[4] Fully enclosed establishments for the sale and repair of office-related equipment.

[5] Research and development uses, including, but not limited to, computer centers and data processing facilities.

[6] Municipal facilities, including municipal garages.

[7] Agritecture.

[8] Public purpose recreation uses including facilities for cultural activities and associated public purpose uses.

[9] Indoor and outdoor active and passive recreational uses and facilities, including health and fitness centers, gymnasiums, tennis and racquet ball courts and like and similar uses.

(b) Type 2 principal permitted uses:

[1] General warehouse uses, warehouse showrooms, and retail outlets which are solely incidental to a warehouse use. This section shall not be construed so as to permit retail-warehouse or warehouse-type uses whose primary function is direct on-site retail sales to the public.

[2] Light manufacturing and assembly uses as defined herein.

[3] Modular office-distribution uses.

[4] Compressed natural gas service stations.

[5] Distribution/fulfillment centers.

(2) Accessory uses.

(a) Parking lots, decks and/or garages and loading facilities incidental to and supportive of the principal uses in this zone, not to exceed three stories.

(b) Recreational facilities for use of the tenants or employees of the principal uses.

(c) Uses which are customarily incidental to and supportive of the principal uses, or combination thereof, listed in Subsection C(1) above.

(d) Signs and directories.

(e) Note: Accessory uses, except for parking areas, shall not occupy a floor area greater than 30% of the floor area dedicated to the principal use or combination of principal uses to which the accessory use or uses relate. Accessory uses may be located within the same building as the principal use or in a separate accessory structure.

(f) Day-care facilities.

(g) Office uses.

(h) Cafeterias located within the principal structure.

(i) Banks and financial institutions located within the principal structure.

(j) Medical offices located within the principal structure.

D. Conditional uses.

(1) Service stations with convenience store; see § 142-61F.

(2) Cannabis cultivators; see § 142-61N.

(3) Cannabis manufacturers; see § 142-61O.

(4) Cannabis wholesalers; see § 142-61P.

E. Development standards. Notwithstanding any provisions elsewhere in this section or in any ordinance of Robbinsville Township, planned commercial developments are subject only to the standards and provisions contained in this Subsection E.

(1) Bulk standards, Type 1 uses.

(a) Lot dimensions, minimum required.

[1] Area: three acres; seven acres for a hotel or conference center.

[2] Width: 200 feet.

[3] Depth: 200 feet.

(b) Yard dimensions, minimum required principal building setbacks.

[1] Front yard: 40 feet.

[2] Side yard: 25 feet each.

[3] Rear yard: 25 feet.

(c) Height of buildings, maximum permitted.

[1] Three stories or 45 feet; hotel/conference center six stories or 80 feet.

[2] Note: Rooftop screening of utilities shall not be included in the measurement of maximum height. The use of rooftop penthouses shall be limited to passive commercial uses such as the housing of equipment.

(d) Maximum coverage: 55%; hotel/conference center: 50%.

(e) Maximum FAR: 23%; hotel/conference center: 30%.

(f) Bulk standards, Type 2.

[1] Lot area: 11 acres.

[2] Lot width: 600 feet.

[3] Lot depth: 600 feet.

[4] Building setback (West Manor Way, Old York Road or Gordon Road): 150 feet.

[5] Front yard setback (interior road): 90 feet.

[6] Side yard setback: 25 feet.

[7] Rear yard setback: 25 feet.

[8] Maximum lot coverage: 70%.

(g) A building transition setback of not less than 150 feet, as specified herein, and measured from the property line shall be established adjacent to any residential zone district, except along a line that coincides with state or federal highway, the New Jersey Turnpike or an approved preservation area. No building shall be located within the transition setback. The transition setback shall include a minimum landscaped width of 80 feet between the property line and any parking area.

(h) Vehicular access points to the surrounding road system shall be limited to West Manor Way and Old York Road. All driveways and/or internal roads shall be designed to direct traffic (particularly truck traffic) to and from the I-195 interchanges.

(i) Traffic-calming elements shall be installed to discourage speeding or inappropriate truck traffic along West Manor Way, Gordon Road, and Old York Road.

F. Design standards.

(1) Minimum off-street parking and loading requirements. See § 142-41.

(a) The size of a parking space shall be nine feet by 18 feet.

(b) No street side parking shall be permitted on internal roads in the area of a planned development.

(c) Parking shall be permitted in setback areas; provided, however, that any parking within a setback area shall be located no more than 40 feet from the interior building setback line. Parking setbacks shall be as follows:

[1] Interior street line: 40 feet.

[2] Side/rear lot line: 20 feet.

[3] Exterior street lines (along Gordon Road, Old York Road, West Manor Way): 80 feet.

G. Cannabis standards.

(1) All cannabis cultivators, cannabis manufacturers, and cannabis wholesalers permitted within the PCD Zone shall be subject to the provisions of § 142-57.2, Cannabis Operations. Where a conflict exists between the provisions of this section and § 142-57.2, the provisions of § 142-57.2 shall prevail.

§ 142-26 OWLM Office Warehousing Light Manufacturing District.

[Amended 10-11-2012 by Ord. No. 2012-17; 4-1-2014 by Ord. No. 2014-5; 9-8-2022 by Ord. No. 2022-36; 2-25-2023 by Ord. No. 2023-9; 11-14-2024 by Ord. No. 2024-40]

A. Preamble. This zone recognizes the need for office/warehousing and light manufacturing, and repair shops in the Township. All heavy industry, chemical refining and storage have been expressly omitted. The zone also recognizes that there are several isolated residential properties physically located in the zone district, which residences are located in such a way as to preclude a separate zone district being created. The intent is to allow the existing residential properties to continue to exist as the same subject to certain bulk requirements which shall only be applicable to properties which exist as residences at the time of the adoption of the within ordinance.

B. Principal permitted uses on the land and in buildings.

(1) Offices and office buildings.

(2) Light manufacturing and assembly uses as defined herein.

(3) Wholesale distribution centers and warehouses on properties of at least five acres.

(4) Research-industrial parks on tracts of land at least 20 acres in area comprised of the preceding uses.

(5) Agritecture.

(6) Public utility uses.

(7) House of worship. See § 142-61M.

(8) Building material supplies and equipment sales.

(9) Contractor shops, offices, and materials and equipment storage areas.

(10) Small repair and machine shops, generally employing less than 20 persons on site.

(11) Auto parts and accessories retail and wholesale sales.

(12) Retail sales and service of large consumer goods, such as furniture, carpeting and appliances.

(13) Office and communication equipment sales and service.

(14) Bulk document, computer data and information storage facilities.

(15) Indoor and outdoor active and passive recreational uses and facilities, including, health and fitness centers, gymnasiums, tennis and racquetball courts and like and similar uses.

(16) Retail and wholesale stores associated with businesses that manufacture, assemble or fabricate goods on site, or warehouse and/or distribute goods from on-site facilities.

(17) Restaurants, cafes, delicatessens or luncheonettes.

(18) Limited breweries as defined by N.J.S.A. 33:1-10(1)(b).

C. Conditional uses.

(1) Single-family residences; see § 142-61L.

(2) Cannabis cultivators, see § 142-61N.

(3) Cannabis manufacturers; see § 142-61O.

(4) Cannabis wholesalers, see § 142-61P.

D. Accessory uses permitted.

(1) Off-street parking. See § 142-41.

(2) Fences and walls, provided that no fences or walls for the containment of ponies, horses, cows, sheep, fowl or other farm livestock shall be located within 100 feet of any street right-of-way or common property line with a residential zone or use.

(3) Garages, storage buildings and other customary accessory uses incidental to the principal use.

E. Maximum building height. No building shall exceed 45 feet in height or three stories. This height calculation shall include the required screening of heating ventilation and air conditioning.

F. Minimum gross floor area. Each principal building shall have a minimum gross floor area of 3,000 square feet.

G. Standards.

(1) Floor area ratio: N/A in OWLM Zone District.

(2) Impervious surface ratio: N/A in OWLM Zone District.

(3) Yard requirements.

(a) Front yard. The front yard shall be set back 100 feet from property line and 150 feet from any arterial road. This area must be extensively landscaped.

(b) Rear and side yard shall have minimum setbacks equivalent to two times the height of the structure. All side and rear property lines must be buffered using a combination of vegetation berms and/or fences. The width of a landscaped area with a berm shall be a minimum of 20 feet, whereas a structural fence of masonry wall shall be a minimum of five feet in width. Buffering shall be 100% visually impervious. If the use abuts a residential zone or existing residential use, the buffer shall be 50 feet in width, with an evergreen planting of a minimum of two staggered rows of evergreen trees, planted at five feet to six feet at time of planting.

(4) Minimum lot size is two acres, unless larger requirements under Subsection G(3)(b) above.

(5) The facades of the building, particularly those which are visible from major roads, shall be landscaped to mask the bulk of the building, particularly when the facades have little fenestration.

(6) Accessory buildings shall meet minimum requirements as stated above. The gross minimum floor area is 5,000 square feet.

(7) Any principal building may contain more than one use or organization. An industrial park may contain more than one principal building, provided that the minimum lot size is at least 20 acres and that all land coverage requirements of this chapter are met.

(8) At least the first 75 feet adjacent to any street line and 20 feet adjacent to any lot line shall not be used for parking, shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery and shall be separated from the parking area by poured concrete or Belgian block curbing, except that portions of the landscaped area beyond 75 feet of any street line and 20 feet of any lot line need not be separated from the parking area by curbing. A landscaped buffer of 300 feet shall be maintained with any development adjacent to Hankins Road.

(9) No merchandise, products, waste, equipment or similar material or objects shall be displayed or stored outside.

(10) Any use which utilizes chemical storage, or processing or application thereof which uses toxic chemicals, shall contain such uses within a building with floors and sufficient wall height of impermeable material to contain the total volume of any or all tanks in case of leakage. A concrete-lined sump can also be used.

(11) All buildings shall be compatibly and aesthetically designed, whether constructed all at one time or in stages over a period of time. All building facades shall be suitably finished for aesthetic purposes, which shall not include unfinished, unpainted or painted cinder block or concrete block walls or metal-walled buildings.

(12) All portions of the property 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 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. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assure that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.

(13) All structures shall be served by public water and public sewerage.

(14) Access to building must be provided by separate vehicular road and linked with one of the major arterials shown in the circulation element of the adopted Robbinsville Township Master Plan. Truck access shall not negatively impact residential areas.

(15) Cannabis standards. All cannabis cultivators, cannabis manufacturers, and cannabis wholesalers permitted within the OW Zone shall be subject to the provisions of § 142-57.2, Cannabis operations. Where a conflict exists between the provisions of this section and § 142-57.2, the provisions of § 142-57.2 shall prevail.

H. Off-street parking. See § 142-41.

I. Off-street loading. See § 142-41G.

J. Signs. See § 142-48.

K. Streetscape (street frontage). All streets, either public or private, shall be curbed. See § 142-47F for street tree requirements. Lighting shall be provided for streets and parking lots in accordance with § 142-37.

§ 142-27 A Airport District.

[Amended 11-8-2022 by Ord. No. 2022-39]

A. Principal permitted uses on the land and in buildings.

(1) Airport runway(s), taxiways, aprons and all other aircraft operational areas, including necessary aircraft navigational aids and air traffic control devices as prescribed and approved by the New Jersey Department of Transportation airport licensing standards.

B. Accessory uses permitted.

(1) Facilities for the shelter, supply, service and repair of aircraft (hangars) and space for aircraft tie-downs.

(2) Other facilities to shelter fixed base operators and other airport-related uses to service air passengers, ground school classrooms, etc.

(3) Off-street parking. See § 142-41.

C. Conditional uses permitted.

(1) Class 2, Class 3, Class 4, Class 5, Class 6, and Class 7 vehicles as such are defined by the New Jersey Department of Transportation, subject to the requirements of § 142-61Q.

D. Coverage and yard requirements.

(1) Buildings and storage areas shall be located entirely within the building area, defined for the purposes of this subsection as all areas within the airport zone but beyond the building restriction line established by the Federal Aviation Agency for the particular airport.[1]

[1] Editor's Note: The building restriction line for the Trenton-Robbinsville Airport has been set by the Federal Aviation Agency and the New Jersey Department of Transportation as 250 feet from either side of the runway center line for safety considerations.

(2) No building shall be located within 50 feet of any property line, street right-of-way or zone district boundary line nor within 300 feet of any property line for a lot containing a residential use.

(3) No building shall be located within 15 feet of another building.

(4) Total building coverage shall not exceed 12% of the building area as defined above.

E. General requirements. The airport, or any change in the facilities and equipment of the airport, shall comply with all pertinent regulations, rules and orders of the Division of Aeronautics of the New Jersey Department of Transportation and the Federal Aviation Administration governing design and minimum dimensional standards established for the appropriate class of airport. In addition, the following requirements shall apply:

(1) The airport owner or manager shall ensure that no hazards to safe operation of aircraft are permitted to exist on any property owned by the airport or for which air space rights have been obtained. No structure, tree or other natural obstruction shall be erected on such property which will constitute a hazard, and any existing fence, transmission line, smokestack, transformer, tree or other obstruction which may constitute a hazard shall be removed, properly marked or lighted or otherwise controlled so as to eliminate the potential hazard.

(2) The airstrip shall be maintained in such a manner as to minimize hazard and interference with the existing and/or probable future land use pattern of the Township and shall at no point be less than 400 feet from the airport boundary.

(3) Airport operations shall be conducted within the prescribed and posted air traffic pattern to ensure that such is not substantially hazardous to adjoining property and does not materially interfere with the use of surrounding property by reason of noise, vibration, dust or other annoyance.

(a) Night lighting equipment shall be arranged so as to minimize glare and nuisance to abutting property owners.

(b) All landing, apron and other surfaces used by aircraft during normal operations and engine runups shall be adequately surfaced to ensure safe operations and eliminate dust to surrounding properties.

(4) Buildings and structures shall be located so as not to interfere with the lateral and vertical clearances prescribed for the specific airport class and licensing requirements.

(5) All accessways to a public street or highway shall be located at least 200 feet from the intersection of any street or other accessway and shall be designed in a manner conducive to safe entrance and exit.

(6) Adequate provision shall be made for water, sewage and waste disposal.

(7) Permitted signs shall be restricted to those necessary to identify the airport and permitted uses or to direct persons to such uses. The area on one side of any such sign shall not exceed 50 square feet, and no sign shall interfere with air flight.

(8) Takeoffs and landings for instructional flights shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.

(9) At least the first 50 feet adjacent to any street right-of-way or property line shall not be used for parking or storage, shall be planted and maintained in lawn area or ground cover and shall be separated from the parking area by curbing, except that portions of the landscaped area located more than 50 feet from any street or lot line need not be separated from the parking area by curbing.

(10) All portions of the property not utilized by buildings or paved surfaces shall be planted and maintained in lawn area or ground cover. The established grades on the site shall be planned for proper drainage to prevent erosion and silting and to ensure that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.

F. Minimum off-street parking. Off-street parking shall be provided at the rate of one space for every 200 square feet of office space or reception floor area, plus one space for every 4,500 square feet of hangar floor area, plus one space for every three aircraft based on the airport.

§ 142-28 AS&AH Air Safety and Air Hazard Zone.

[Amended 11-8-2022 by Ord. No. 2022-39]

A. General requirements and provisions.

(1) This section establishes minimum standards for the control of airport and aeronautical hazards, and shall take precedence over any other ordinance of the Township in conflict or inconsistent herewith.

(2) No person shall build, rebuild, create or cause to be built, rebuilt or created any object, structure, or plant, or cause to be planted or permit to grow any tree or vegetation, which will interfere with, diminish, change or obstruct the airspace or landing and takeoff area available for the landing and take off of aircraft at public use airports.

(3) This section shall not require the removal or lowering of, or other change or alteration of any structure or tree not conforming to the rules when this chapter was adopted, or otherwise allow interference with the continuance of any nonconforming use. No prior nonconforming structure or tree or vegetation may be increased in height or allowed to increase in height so that its nonconformance is greater than at the time this chapter was adopted, i.e., no such structure may be increased in height and any tree may be required to be trimmed down to its original nonconforming height.

(4) Nothing in this section shall be construed as limiting the power of the Commissioner regarding the design, placement, location, or operation of airports or other aeronautical facilities.

(5) This section is subject to review and approval by the Commissioner of Transportation.

(6) Within the provisions of this section, interstate highways are considered to be a seventeen-foot vertical development, other public roads are considered to be a fifteen-foot vertical development, a private road is considered to be a ten-foot vertical development, and railroads are considered to be a twenty-three-foot vertical development.

(7) The review of applications under this section is limited to the purposes of this chapter as they relate to the public health, safety and welfare.

(8) In the event that an airport owner or operator has an agreement with the Federal Aviation Administration for the control of airport hazards, the airport owner or operator shall comply with the more protective provisions of both this section and any agreement with the Federal Aviation Administration.

(9) This section shall not apply to:

(a) Any person who has submitted a complete application, as defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for approval of the proposed development prior to April 15, 1985.

(10) Subsection A(1) through (8) referred to throughout this subsection shall be on file in the office of the Municipal Clerk and may be reviewed during regular business hours.

B. Municipalities.

(1) The provision of this section shall also become a part of the Master Plan of development for Robbinsville Township, which has a Master Plan. This section takes precedence and priority over any terms contained in the Master Plan which are contrary to, or inconsistent with, the terms of this section.

(2) No variance or other relief from the standards promulgated by or under this section may be granted by a municipality to itself or any person except upon condition that the variance relief is contingent upon the issuance of a permit allowing the variance or relief by the Commissioner.

(3) No airport regulated by the provisions of the Air Safety and Zoning Act of 1983 shall hereafter be classified as a nonconforming use by any ordinance of the Township or the Master Plan of the Township. No airport in the Township is a nonconforming use, any other ordinance to the contrary notwithstanding.

C. Methodology used to delineate airport hazard areas.

(1) Airport hazard areas are delineated by the establishment of subzones and clear areas of standard sizes around and off the ends of runways and airports open to the public.

(2) Each airport hazard area consists of a runway subzone, two runway end subzones, and two clear zones.

(3) The clear zones of an airport hazard area shall consist of trapezoids located within the runway end subzone along the flight approach and departure path.

(a) Each clear zone shall extend 1,000 feet from the end of the runway subzone, as measured along the extended center line of the runway.

(b) The base of the clear zone shall be collocated with the end of the runway subzone and shall have a width of 250 feet. The width of the clear zone shall increase as the distance from the end of the runway safety zone increases. Its final width shall be 450 feet.

(c) The methodology used to delineate the clear zone of an airport hazard area is illustrated in Figure 9.[1]

[1] Editor's Note: See Figures 1 through 6 and 9 following this § 142-28.

D. Delineation of the runway subzone.

(1) The runway subzone of an airport hazard area shall consist of a rectangle having the same center line and length as the runway, unless a shorter length is necessitated by limited property ownership at the airport.

(2) The width of the runway subzone shall be 2,350 feet.

(3) The exact length of the runway subzone shall be determined by one of the two following methods:

(a) For most airports, the length of the runway subzone will be the same as the physical length of the runway.

(b) If the physical end of a runway is closer than 200 feet from the property or easement line of the airport, as measured along the runway's extended center line, then the end of the runway subzone shall be defined by a line drawn perpendicular to the runway center line at a point 200 feet inside of the airport property or easement line. In this case, a portion of the runway will extend beyond the bounds of the runway subzone.

(4) The methodology used to delineate the runway subzone of an airport hazard area is illustrated in Figure 1.[2]

[2] Editor's Note: See Figure 1 following this § 142-28.

E. Delineation of the runway end subzones.

(1) The runway end subzones of an airport hazard area shall consist of trapezoids located at either end of the runway subzone along the flight approach and departure path.

(2) Each runway end subzone shall extend 3,000 feet from the end of the runway subzone, as measured along the extended center line of the runway.

(3) The base of the runway end subzone shall be defined by the end of the runway subzone and shall have a width of 2,350 feet. The width of the runway end subzone shall narrow as the distance from the end of the runway subzone increases. Its final width shall be 850 feet.

(4) The methodology used to delineate the runway end subzone of an airport hazard area is illustrated in Figure 2.[3]

[3] Editor's Note: See Figure 2 following this § 142-28.

F. Methodology used to define vertical development allowed within an airport hazard area.

(1) Minimum obstruction ordinance standards establish the vertical limits up to which structures or trees may be allowed to be developed or grow within an airport hazard area.

(2) Minimum obstruction ordinance standards are vertical standards measured in respect to elevations whose datum is the horizontal plane established by runway elevations. For example, if a point in an airport hazard area permits, at a specific point, development up to "X" feet, that means "X" feet above the runway horizontal plane and not "X" feet above the natural grade of the land at that point in the airport hazard area. This provision is further graphically depicted in Figure 4.[4]

[4] Editor's Note: See Figure 4 following this § 142-28.

(3) The vertical standards within the runway subzone of an airport hazard area are determined first by establishing the elevations at the runway center lines at the ends of the runway subzone of the airport hazard area. From those elevations at the runway subzone ends, a line is run 90° outward from each side of the runway center line for a distance of 125 feet. Within the area defined by these four points, no development is allowed above the natural grade of the soil except for runway and flight safety equipment.

(a) The vertical standards within the remainder of the runway subzone of an airport hazard area are determined by establishing planes from the edges of the longitudinal zero-foot development restriction line, established in N.J.A.C. 16:62-3.2(b)1.ii, which slope upward and outward at a rate of seven feet horizontally to one foot vertically. This upward plane ceases when it reaches the outer longitudinal borders of the runway subzone of any airport hazard area at the elevation of 150 feet above its starting point at the longitudinal zero-foot development line.

(b) The methodology used to establish the vertical standards within the runway subzone of an airport hazard area is further graphically depicted in Figure 5.[5]

[5] Editor's Note: See Figure 5 following this § 142-28.

(4) The vertical standards within the runway end subzone of an airport hazard area are determined by first establishing a plane with a rising slope of one foot upward to 20 feet outward from the end of the runway subzone to the outermost end of the runway end subzone. This plane is bisected by the extended runway center line and is 250 feet in total width at its innermost dimension and widens uniformly along its three-thousand-foot length so as to have a total width of 850 feet at its outermost dimension where it intersects with the outermost portion of the runway end subzone at the elevation of 150 feet above its starting point at the zero-foot development line.

(a) The vertical standards within the remainder of the runway end subzone of an airport hazard area are determined by establishing sloping planes from the outermost longitudinal edges of the plane established in Subsection F(4) above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection F(4) above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet.

(b) The methodology used to establish the vertical standard of the runway end subzone of an airport hazard area is further graphically depicted in Figure 6.[6]

[6] Editor's Note: See Figure 6 following this § 142-28.

(c) Those lands and premises within the Township identified by boundary lines and lot and block numbers, located within the airport hazard area, comprised of both the runway subzone and the runway end subzone, are shown on Figure 9.[7]

[7] Editor's Note: See Figure 9 following this § 142-28.

G. Permitted and prohibited land uses within an airport hazard area.

(1) The following uses are permitted land uses except if used in conjunction with a prohibited land use:

(a) Commercial uses as permitted by the applicable provisions of the Airport District and/or the Golf Course Commercial District, depending upon where the use is located or proposed to be located, and not located in the clear zone.

(b) Open space uses.

(c) Agricultural uses.

(d) Aviation-dependent transportation uses.

(e) Airport uses within the Airport Zone District.

(f) Residential uses limited to existing single-family dwelling units which are situated within the airport hazard area as follows:

[1] Block 25, Lot 4 (184 Sharon Road).

[2] Block 26, Lot 18 (139 Sharon Road), Lot 20 (131 Sharon Road), and Lot 21 (123 Sharon Road).

[3] Block 27, Lot 13 (77 Sharon Road), Lot 14 (73 Sharon Road), and Lot 17 (99 Sharon Road).

(2) The following uses are specifically prohibited land uses:

(a) Single-family residential dwelling units except for those in existence prior to the adoption date of this section.

(b) Planned unit development and multifamily dwellings except those units in existence prior to the adoption date of this section.

(c) Hospitals.

(d) Schools.

(e) Bulk flammable or bulk compressed gas storage.

(f) Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.

(g) Within the runway end subzones only, the aboveground bulk storage of flammable or toxic gases and liquids.

(h) Incineration facilities.

(i) Uses that may attract massing birds, including landfills.

(j) Above grade major utility transmission lines and/or mains.

H. Permit for creation or expansion of a prohibited land use or vertical development within an airport hazard area.

(1) The Commissioner may issue a permit for creation or establishment of a nonconforming use or vertical height development within an airport hazard area upon determination that:

(a) An application in conformance with the provisions of this schedule has been properly submitted.

(b) A conditional development approval has been granted by the appropriate municipal agency, if required.

(c) The creation of the prohibited land use or vertical height development will not in fact create an additional airport hazard limiting the size of the area available for landing, taking off and maneuvering of aircraft.

(d) Creation or establishment of the prohibited land use or vertical height development will not harm the public health, safety and welfare.

(2) No person may commence the construction or development of any structure, land use, or condition which is contrary to the standards of this section without a valid permit issued by the Commissioner.

(3) In considering an application for a permit, the Director may confer with and seek additional information from the applicant or any other interested party, agency, or governmental organization.

(4) In the review of an application, the Department may take into consideration any factor relevant to the hardship demonstrated by the applicant and any information relevant to the public health, safety and welfare.

I. Municipal approval.

(1) A developer of a project requiring creation or establishment of a prohibited land use or vertical height development shall first apply for development approval from the appropriate municipal agency. If the municipal agency approves of the development, that approval shall be conditioned on the developer applying for and receiving a permit from the Commissioner in accordance with this section. Construction, development or creation of any prohibited land use shall not commence until a permit has been issued by the Commissioner.

(2) An application for a permit will only be considered by the Department if accompanied by a letter from the municipality requesting the permit.

(3) Any person proposing to create or establish a prohibited land use or vertical height development in a designated airport hazard area not subject to municipal ordinances established in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) shall present the proposed development to the municipal governing body, which shall be considered the municipal agency for purposes of these rules.

J. Permit application requirements.

(1) To be considered complete, an application for a permit for creation of a prohibited land use or vertical height development within an airport hazard area must include the following:

(a) Copies of a completed airport hazard permit form. Copies of same are available at the Municipal Clerk's office.

(b) A letter requesting issuance of a permit by the Department from the municipal agency having jurisdiction over the development, together with a copy of the conditional approval for development granted by the municipal agency, if required.

(c) A detailed statement of the hardship condition necessitating the application for variance or relief, and a showing that the public health, safety and welfare will not be harmed by the creation of the prohibited land use or vertical height development.

(d) Certification that the applicable airport owner(s) or authority were notified of the permit application by registered mail.

(e) Submission of a nonrefundable permit application fee of $75.

(f) Submission of site plans, specifications and construction drawings detailing the substance of the proposed development for which a permit is sought. Site plans shall bear the raised seal of a New Jersey licensed professional engineer, professional planner, land surveyor or architect and shall show the location of property lines, the location of runways, the boundaries of the airport hazard area, and elevations of proposed development showing where and by what amount the development exceeds the minimum standards for vertical development adopted under this section.

(g) Any other material deemed necessary to the permit application by the Director.

(2) Applications for permits issued under the provisions of this chapter and correspondence to the Department relating to the provisions of this section should be forwarded to the following address:

	New Jersey Department of Transportation
	Division of Aeronautics
	Air Safety and Hazardous Zoning Permits
	1035 Parkway Avenue — CN 600
	Trenton, New Jersey 08625

K. Permit review procedures.

(1) For routine applications, review of an application shall be completed by the Division within 90 days of the date on which an application is accepted as complete.

(2) Nonroutine cases, requiring the review or approval of a federal agency or any other state agency prior to issuance of a permit, shall be conducted in as timely a fashion as possible. The Director shall notify the applicant of a delay in the review process necessitated by another agency's involvement. The notification shall be provided prior to 80 days following the date of acceptance of a complete application, and shall include an estimate of the date by which a completion of the review process can be anticipated.

(3) For routine cases not requiring review by other agencies, the Division may, at its discretion, extend the ninety-day review period by 30 days if determined necessary to complete the review process. The applicant and affected municipality shall be notified of this extension by the Department at least 15 days prior to the expiration of the ninety-day period.

(4) Following review of an application by the Division, the Director shall determine whether to recommend to the Commissioner that the permit be granted or denied.

(5) If the Director recommends denial, the applicant and municipal agency will be notified within five working days of the date of decision. An applicant who has been so notified by the Director may request an appeal before the Office of Administrative Law pursuant to N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1. The applicant shall notify the Division by certified mail within 14 calendar days of notification of denial that an appeal will be forwarded to the Office of Administrative Law.

(6) Pursuant to N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1, a final determination to either deny or grant the permit application will be made by the Commissioner subsequent to the filing of an initial decision by the Administrative Law Judge who conducted the hearing.

L. Permit application decisions.

(1) The Commissioner may take one of the following actions:

(a) Approve the application as submitted. The applicant will receive a permit which shall be effective during the same period as the development approval granted by the municipal agency. The Department will mail a copy of the permit to the applicant and municipal agency within five working days of the date of approval.

(b) Deny the application. The Department will mail a copy of the permit denial to the applicant and municipal agency within five working days of the date of decision.

(c) Phased or partial approval. Where conditions warrant, the Commission may provide for a phased approval of an application. The Commissioner may also approve part of an application and deny the remainder. The nature of approvals granted and the denials shall be transmitted to the applicant and municipal agency within five working days.

(d) Any applicant whose application was recommended for denial by the Director. An applicant who has been so notified by the Director may request an appearance before the Office of Administrative Law pursuant to N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1.

M. Adoption of amendments or special standards by Commissioner.

(1) In the event that the Commissioner of Transportation, under Section 5 of the Air Safety and Zoning Act of 1983 (N.J.S.A. 6:1-84), adopts an amendment or special standard for any airport located within the Township based upon a determination that local conditions require it, this section shall be deemed immediately and automatically amended accordingly.

(2) In the event that any of the statutes, administrative law, or regulations promulgated by the Commissioner regarding procedures for permit applications and/or appeals from decisions are changed, altered, amended or deleted, this section shall be deemed immediately and automatically amended accordingly.

N. Liability.

(1) Violation of any provision of this section shall be grounds for a fine not to exceed $1,000 and/or modification, suspension or revocation of any license issued under Title 6 of the New Jersey Statutes Annotated.

(2) The Commissioner or the Township may institute, in any court of competent jurisdiction, an action to abate any violation of any provision of this section by way of injunctive relief or otherwise from the court.

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

AIR HAZARD

(1) Any use of land or water, or both, which may create a dangerous condition for persons or property in or about an airport or aircraft during landing or taking off at an airport; or

(2) Any structure or tree which obstructs the airspace required.[8]

COMMISSIONER

The Commissioner of the Department of Transportation.

DEPARTMENT

The Department of Transportation.

DEVELOPMENT

The construction, reconstruction, creation or establishment of any structure or planting of a tree.

DIRECTOR

The Director of the Division of Aeronautics.

DIVISION

The Division of Aeronautics.

FAST-TRACK

An accelerated system of application review procedures.

PERSON

Any corporation, company, association, society, firm, partnership, joint-stock company, individual, the state, and all political subdivisions of the state or any agencies or instrumentalities thereof.

STRUCTURE

Any object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks, chimneys and overhead transmission lines.

TREE

Any object of natural growth.

Figure 1

Graphic Depiction of the General Construction

of the Runway Subzone of an Airport Hazard Area

Figure 2

Graphic Depiction of the General Construction of the

Runway End Subzone(s) of an Airport Hazard Area

Figure 3

Graphic Depiction of the General Overall Construction

and Outermost Boundaries of an Airport Hazard Area

Figure 4

Minimum Obstruction Standards

Figure 5

Vertical and Horizontal Planes of Runway Subzone of Airport Hazard Area

Figure 6

Vertical and Horizontal Planes of Runway End Subzone of Airport Hazard Area

Figure 9[9]

Airport Hazard Safety Zone Area and Height Restriction Diagram

Robbinsville Township

[8] Editor's Note: The former definitions of "airport" and "airport hazard area," which immediately followed this definition, were repealed 11-14-2024 by Ord. No. 2024-40.

[9] Editor's Note: The Planning Consultant has advised that Figures 7 and 8, which in combination overlay the current Robbinsville Township Zoning Map, are superseded by Figure 9, which also overlays the Robbinsville Township Zoning Map, depicts the clear zones at each end of the runway of the Trenton-Robbinsville Airport. Figure 9 is consistent with the graphic depiction of the clear zones in the 1989 amendment to N.J.A.C. 16:62. (See official diagram on file in the Robbinsville Township Municipal Building.)

§ 142-29 (Reserved) [1]

[1] Editor's Note: Former § 142-29, GC Golf Course Commercial District, was repealed 11-14-2024 by Ord. No. 2024-40.

§ 142-30 MH Mobile Home District.

A. Permitted uses. Mobile homes in mobile home parks for which site plan approval has been obtained.

B. Accessory uses permitted.

(1) Recreational areas and facilities, including public swimming pools, tennis courts and other facilities intended to serve the residents of the mobile home park exclusively.

(2) A community building intended to serve residents of the mobile home park exclusively.

(3) A management office.

(4) Off-street parking.

(5) Fences and walls. See § 142-36 for additional standards.

(6) Sheds.

C. Area and yard requirements.

(1) Mobile home parks shall have a minimum area of 13 acres.

(2) The minimum interior road width used for general vehicular entrances, exits, and thoroughfares (other than alleys or service entrances) shall be 40 feet; and for portions containing lots for dwellings and buildings open generally to residents, the minimum width of the tract shall be 200 feet.

(3) The mobile home park shall provide for a maximum density of mobile homes of 12 mobile homes per acre, inclusive of any acreage reserved for recreation areas.

(4) Separation and setback requirements. Each mobile home or accessory structure shall be located on a mobile home lot so as to comply with the following minimum proximity limits:

(a) Five feet from the rear mobile home lot line and at least five feet from the front mobile home lot line.

(b) Fifty feet from any building, railroad right-of-way or structure located beyond the mobile home lot, excepting adjacent mobile home lot appurtenances.

(c) At no point shall the sides of any mobile home be closer than 15 feet from any other mobile home (side to side).

(d) Ten feet end to end between mobile homes.

(e) A distance of not less than five feet shall be maintained between any mobile home including its appurtenances which are open and do not have any roof or cover, such as patios, decks, steps and porches, and any other mobile home and appurtenances. Notwithstanding the above, a distance of not less than 10 feet must be maintained between any mobile home and appurtenances such as patios, decks and sheds which have a cover of any nature (including but not limited to a roof or an awning) and any other mobile home and its appurtenances. Any inconsistency or conflict between this section and the New Jersey Uniform Construction Code as set forth in N.J.A.C. 5:23-1 et seq. shall be resolved in favor of said code.

(f) All storage sheds, metal sheds and other accessory-type storage structures shall be located a minimum of five feet from any front or rear mobile home lot line and 10 feet from any structure on an adjoining mobile home lot.

(g) Storage-type accessory structures shall be constructed on a ground support slab, with a positive grade away from such slab. The maximum dimensions for a shed shall be 10 feet by 10 feet.

(h) Impervious surface coverage within an individual mobile home lot shall not exceed 75% of the mobile home lot area.

(i) Prior to the application for a building permit for construction of any appurtenance or a cover thereto, a zoning permit must be obtained from the Department of Planning of the Township. Said Department shall establish a uniform application form including plot plan which must be submitted to consider an application pursuant to this section.

D. General requirements.

(1) Each mobile home shall be connected to a public water supply and public sewerage system.

(2) Refuse storage shall be in enclosed containers which shall be so located and screened that they are not visible from any street or adjoining property or from any unit within the mobile home park.

(3) A minimum of 10% of the tract area shall be set aside for outdoor recreation and shall be improved with play equipment and recreational facilities, including, but not limited to, swimming pool(s) and tennis court(s), as shall be deemed by the Land Use Board to be appropriate to serve the needs of residents of the mobile home park and their guests. Any such outdoor recreational area shall be subject to review by the Land Use Board for its suitability to the activities proposed in terms of size, location, configuration and freedom from hazard.

[Amended 7-20-2022 by Ord. No. 2022-27]

(4) A community building shall be provided within the mobile home park which shall contain not less than 1,500 square feet of indoor recreational space, plus rest rooms and sufficient space and facilities to accommodate the indoor washing and drying of clothes and the provision of storage space for the residents of the mobile home park in the amount of 150 cubic feet per mobile home unit. The community building shall be located at least 30 feet from any mobile home and from any side or rear property line and 75 feet from any public right-of-way line.

(5) Road layout and road width. Streets shall be provided on the site where necessary to furnish principal trafficways for convenient access to the mobile home stand and be retained as private streets on the property. All roads in the mobile home park shall be gently curved so as not to be monotonous to drivers and shall be continuous except at closed ends of dead-end streets. All roads shall be more than 600 feet in length and provided with a vehicular turning space of at least 40 feet in radius. All dead-end streets shall be 25 feet in bed width, and all other streets shall be at least 30 feet in bed width and have an unobstructed, convenient and safe access to public street or highway. The minimum grade shall be 1%, or 1/2 of 1% if curbs are installed.

(6) Road and parking area construction. Roads and parking areas shall be constructed in accordance with the following specifications:

(a) Finished roads shall be two-inch bituminous concrete.

(b) Subbase shall be stabilized bituminous materials.

(7) Parking. Parking spaces shall be provided without interference of normal movement of all traffic. Parking spaces shall be provided either in convenient parking bays or along one side of any street that has a minimum width of at least 30 feet. In addition, two off-street parking stalls shall be provided for each home site. Each parking stall shall have a minimum width of nine feet and a minimum depth of 18 feet. In the event that two parallel parking stalls are grouped together, a minimum width of 12 feet shall apply at the point of contact with any private or public street or sidewalk. It is recommended that spaces be as near as possible to:

(a) Tandem parking: 10 feet by 40 feet; and

(b) Parallel parking: nine feet by 22 feet or 10 feet by 20 feet and in accordance with any and all local regulations and ordinances. Parking spaces may be provided for not more than two cars end to end.

(8) Sidewalks. In locations where common facilities are concentrated, common continuous walkways of at least four feet in width shall be provided. Primary walkways to each mobile home site shall be a minimum of 36 inches in width. In all cases they shall be of durable construction. Bituminous concrete or portland cement shall be used.

(9) Lighting. Public areas of a mobile home park shall be lighted so as to permit safe movement of vehicles and pedestrians at night. The following minimum levels of illumination shall be provided:

(a) All parts of the park road system: 0.1 footcandle.

(b) Potentially hazardous locations, such as major street intersections and steps or stepped ramps: 0.3 footcandle.

(10) Buffer strips. A landscaped buffer strip shall be maintained along the property lines of the mobile home park adjacent to off-tract residential areas. Such buffer strip shall be at least 50 feet in width.

(11) Landscaping and natural site protection. Landscaping to be provided in the mobile home development or park shall be shown on the site plan. Wooded areas shall be preserved wherever possible without causing interference with the general plans, specifications and other requirements pertaining to the site. No mobile home or any addition or other structure shall be constructed or installed within 40 feet of streams, rivers or lakes.

(12) Street trees. See § 142-47F for street tree requirements.

(13) Limitation on signs. No sign intended to be read from any public way adjoining the district shall be permitted except:

(a) One identification sign at each principal entrance not to exceed 32 square feet and five feet in height.

(b) Not to exceed one sign advertising property for sale, lease or rent, provided that such sign not exceed four square feet in area, may be erected at each principal entrance. In the case of new mobile home parks, one sign not exceeding 18 square feet in area may be erected for a period not to exceed two years at each principal entrance to advertise the sale of lots or dwellings.

(c) Directional signs not exceeding four square feet each at intersections. These signs will be removed when the park is fully occupied. No illumination of any such signs will be installed so as to become a nuisance to adjoining properties. No sign shall be erected within five feet of any exterior property line.

(14) Fuel, flammable liquids and gases.

(a) Storage and handling of fuel, oil, and flammable liquids. The handling and storage of gasoline, fuel, oil or other flammable liquids shall be in compliance with the pertinent standards of the National Board of Fire Underwriters (Pamphlet No. 30).

(b) Storage and handling of liquefied petroleum gases. The handling and storage of liquefied petroleum gases shall be in compliance with the applicable rules and regulations of the New Jersey State Department of Law and Public Safety, Division of State Police.

(15) Fire hydrants shall be provided in accordance with recommendations of the Township Engineer, who shall, in making such recommendations, follow the standards established by appropriate insurance underwriting agencies to provide the minimum insurance premium cost for the occupants of the mobile home park.

(16) All construction shall conform to the standards promulgated by the Department of Housing and Urban Development pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., and the standards for manufactured homes promulgated pursuant to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.

§ 142-30.1 through § 142-30.1. (Reserved)142-30.1. (Reserved) [1]

[1] Editor's Note: Former § 142-30.1, H-O Historic Overlay Zone District, as amended, was repealed 6-12-2025 by Ord. No. 2025-22. See now Ch. 80, Historic Preservation.

§ 142-30.2 Village Transitional Zone District.

A. VT District designated. The Village Transitional District is established on the properties within the Township as shown on the map and designated on the Zoning Map, as amended hereby.[1]

[1] Editor's Note: The Zoning Map is included at the end of this chapter.

B. Purpose and intent. In furtherance of the 2007 Master Plan Reexamination and Land Use Element Amendment (herein known as the "Master Plan") adopted on January 21, 2009, the creation of the VT Zone District is part of an effort to ensure the appropriate development and treatment of the remaining commercially viable gateways in the Township. While the VT Zone District supports commercial development within the Wittenborn Gateway, every effort should be made to preserve or adaptively reuse the existing farmhouse and to incorporate the open vistas.

C. Principal permitted uses.

(1) Where sanitary sewerage is not available:

(a) Business and professional offices, including medical offices and medical facilities.

(b) Self-storage facilities. Self-storage facilities shall not be prohibited due to the proximity of any existing self-storage or mini warehouse facilities.

(c) Banks and other financial institutions, excluding check-cashing businesses, but including automated teller machines (ATM) and drive-through facilities, the latter being subject to the following:

[1] A drive-through facility shall be compatible with the design of a building and shall be appropriately located at the side or rear of a building.

[2] A drive-through facility shall be positioned and screened with architectural walls to minimize its visibility and may be located under upper-story floors, including cantilevered floors.

[3] A drive-through facility shall be permitted only at locations where such a facility is not a dominant visual element, such as a location between neighboring buildings.

[4] A drive-through facility shall be provided with landscaping to visually enhance views of the facility, signage and driveways as seen from the surrounding area.

[5] A drive-through facility may be permitted, provided that such a facility does not adversely impede or conflict with pedestrian and/or vehicular circulation on the site.

(d) Farms.

(e) Conservation areas, parks and public-purpose areas.

(2) Where sanitary sewerage is available:

(a) Business and professional offices, including medical offices and medical facilities.

(b) Specialty retail: a small boutique store and not something similar to a strip mall.

(c) Personal service establishments, such as but not limited to barbershops, beauty salons, shoe repair and dry cleaners, provided no cleaning is conducted on the premises.

(d) Product service establishments, having as their primary function the servicing or repair of a product, including, but not limited to, the repair and servicing of shoes, audio and visual equipment, appliances, jewelry and watches. Motor vehicular repair, maintenance and/or body shops are not permitted.

(e) Restaurants, banquet and similar food establishments.

(f) Medical and scientific research facilities, including laboratories, offices, outpatient facilities and administrative areas.

(g) Banks and other financial institutions, excluding check-cashing businesses, but including automated teller machines (ATM) and drive-through facilities, the latter being subject to the following:

[1] A drive-through facility shall be compatible with the design of a building and shall be appropriately located at the side or rear of a building.

[2] A drive-through facility shall be positioned and screened with architectural walls to minimize its visibility and may be located under upper-story floors, including cantilevered floors.

[3] A drive-through facility shall be permitted only at locations where such a facility is not a dominant visual element, such as a location between neighboring buildings.

[4] A drive-through facility shall be provided with landscaping to visually enhance views of the facility, signage and driveways as seen from the surrounding area.

[5] A drive-through facility may be permitted, provided that such a facility does not adversely impede or conflict with pedestrian and/or vehicular circulation on the site.

(h) Bed-and-breakfast establishments, conference and retreat center.

(i) Veterinary hospital.

(j) Indoor recreational facilities, such as instructional studios, dance and ballet studios, and fitness centers.

(k) Flex/office space.

(l) Private/nonpublic schools including residential schools.

(m) Personal service establishments.

(n) Short-term and long-term health care facility.

(3) Single-family detached dwellings that were in existence at the time of adoption of this section shall remain a permitted use, in accordance with the standards set forth in the RR District.

(4) Farms.

(5) Conservation areas, parks and public-purpose areas.

D. Accessory uses permitted.

(1) Off-street parking: see § 142-41.

(2) Fences and walls: see § 142-36.

(3) Recreational and/or open space facilities, including, but not limited to, walkways, courtyards and plazas.

(4) Signs.

(5) Street furniture, street/shade trees, planters and trash receptacles.

(6) Sidewalk cafes (outdoor seating) associated with permitted restaurants.

(7) Temporary construction trailers and one sign not exceeding 32 square feet advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a building permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided that the trailer and sign are on the site where construction is taking place and set back at least 15 feet from street and lot lines.

(8) All accessory uses permitted in the RR Rural Residential District shall also be permitted in the zone for existing single-family detached dwellings.

E. Conditional uses.

(1) Nursery schools and day-care centers.

(2) House of worship.

F. Area and yard requirements.

(1) Minimum tract front yard setback: 75 feet.

(2) Minimum tract side yard setback: 20 feet.

(3) Minimum tract rear yard setback: 30 feet.

(4) Maximum building footprint: 10,000 square feet.

(5) Maximum impervious surface coverage ratio: 0.60.

(6) Maximum floor area ratio: 0.25.

(7) Minimum parking setbacks:

(a) Front yard, interior road: 20 feet.

(b) Front yard, Route 526, exclusive of view shed: 50 feet.

(c) Rear and side yards: 10 feet.

(d) A view shed is an area of land, water, or other environmental element of a scenic or historic value that is visible to the human eye from a fixed vantage point. A view shed can be readily visible from public areas such as a public roadway or a park and is deemed worthy of preservation against development or other changes. The view shed along Route 526 in particular for Block 41.01, Lot 33, and Block 41.01, Lot 1, looking northwest towards the Wittenborn House shall remain intact.

(8) Minimum driveway side yard setback: 10 feet.

G. Maximum building height requirements.

(1) Three-story buildings may be permitted. A fourth story shall be permitted only in areas of down gradient to such an extent and the topography is such that the top of the first floor does not exceed the height of the Route 526 road surface at the center line of the property.

(2) Three-story buildings shall not exceed 42 feet in height.

H. Performance and design standards.

(1) The following criteria and guidelines shall be used by all municipal agencies in reviewing applications for site plan approval. They are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention, and innovation. Any development shall be conceived, designed, subdivided, site planned and approved by the Land Use Board as a single entity according to a comprehensive development plan.

[Amended 7-20-2022 by Ord. No. 2022-27]

(2) Multiple principal buildings and uses shall be permitted on any single lot in total or in phases.

(3) Three-dimensional illustrative architectural renderings shall be submitted as part of any site plan application. The renderings may be digital. These color renderings shall be considered part of any approvals granted and shall not be substantially changed.

(4) To the greatest extent possible, all portions of any development shall be linked via a sidewalk and/or pathway network and shall be pedestrian-oriented, with a design that enables and encourages pedestrian and bicycle circulation, with linkages to the surrounding area.

(5) Building massing. To the extent that it is practicably and economically feasible:

(a) Buildings should avoid long, uninterrupted wall or roof planes. Building wall offsets, including both projections and recesses, shall be required in order to provide architectural interest and variety, and to relieve the visual effect of a single, long wall. Similarly, roofline offsets, cornices and dormers shall be required in appropriate combination along any roof in order to provide architectural interest and variety to the massing of a building and to relieve the negative visual effect of a single, long roof.

(b) Larger buildings should reduce the appearance of bulk through recesses, offsets, change of plane, stepped terraces or other devices which break down and articulate building mass.

(c) A variety of building setbacks, rooflines, color schemes, elevations and heights may be required in the development to avoid a repetitious and monotonous streetscape.

(6) Architecture.

(a) Franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) is discouraged. Franchises of national chains are encouraged to follow building design standards provided herein to create a unique building that is compatible with surrounding buildings.

(b) Architectural features, including but not limited to building bases, belt or string courses, cornices, windows, doors and trim should be, where practical, typical of the traditionally historic growth period of Allentown.

(7) Facades and exterior walls.

(a) Facades should be designed to balance vertical and horizontal elements of composition. In general, facades of both flat and pitched-roof buildings should present a vertical division into base, middle or shaft and capital or cornice, as well as a pattern of horizontal subdivisions into bays, where appropriate. Separation of a facade into these components helps relate a building to the human scale.

(b) Undifferentiated facades, facades where the vertical elements overwhelm the horizontal elements indicative of changes in level or use, expansive blank walls, or facades with extended horizontal fenestration should not be permitted.

(c) Facade colors should be low reflective, subtle, natural or earth-tone colors. Bright reds, oranges, yellows, or other high-intensity colors are not permitted. Neon tubing is not permitted to outline windows, signs, buildings, structures or architectural details.

(8) Building location and orientation.

(a) Spatial relationships between buildings and other structures should be geometrically logical and/or architecturally formal.

(b) Buildings shall be located to allow for adequate fire and emergency access.

(c) In a multiple building development, buildings located on the interior of a site should front towards and relate to one another, both functionally and visually. To the extent possible, multiple building developments should be organized around features such as courtyards and quadrangles, which encourage pedestrian activity.

(9) Roofs.

(a) The type, shape, pitch, texture and color of a roof shall be considered as an integral part of the design of a building and should be architecturally compatible with the style, materials, colors and details of such buildings.

(b) Rooflines should be varied, where appropriate, and should be used to add interest to and reduce the massive scale of large buildings.

(c) Flat roofs are not permitted, except where flat roofs may be utilized, as appropriate, to provide "massing" variety and architectural interest.

(d) Mansard roofs are permitted but shall be subject to architecturally appropriate forms, proportions and detailing.

(e) Architectural embellishments that add visual interest to roofs, such as dormers, belvederes, masonry, chimneys, cupolas, clock towers and other similar elements are encouraged, provided that they are architecturally compatible with the building.

(f) Pitched roofs are recommended.

(g) Roof pitches should generally be consistent throughout the development.

(h) No roof pitch shall be less than 7 1/2 on 12.

(10) Mechanical screening. All mechanical equipment, whether placed on the ground, roof or other location, should be screened from view to the greatest extent possible with an acceptable material compatible with the architectural theme of the development.

(11) Storefronts.

(a) Storefronts are an integral part of a building. The building's facade should dictate the storefront's composition in terms of spacing and alignment of architectural details and windows. Storefronts should be designed to be compatible with the overall character of the facade, to encourage pedestrian interest, and to maintain a pedestrian scale.

(b) Buildings with multiple storefronts should be unified through the use of architecturally compatible styles, colors, details, awnings, signage, and lighting fixtures on all storefronts where practical.

(12) Pedestrian circulation and walkways.

(a) Walkway design shall promote pedestrian circulation within each site and throughout the district; walkways shall be separate and distinct from motor vehicle circulation and, to the greatest extent possible, provide a pleasant route for users, promote enjoyment of the site and encourage incidental social interaction among pedestrians.

(b) Walkways should be constructed of brick, colored/textured concrete pavers or slabs, or some combination thereof that is compatible with the style, materials, colors, and details of the surrounding buildings as well as with the public sidewalks. Walkways should be raised and curbed along buildings and within parking lots, where suitable.

(c) Barrier-free walkway systems shall be provided to allow pedestrian access to buildings or uses from parking lots and public sidewalks.

(13) Exterior spaces.

(a) Outdoor gathering space shall be provided within each development, as appropriate. Gathering space for employees may be located in the rear of the development and should be sufficiently screened.

(b) The layout, materials and details used in the treatment of exterior spaces shall be selected to enhance their immediate surroundings. Public and semipublic exterior spaces should be functional and provide amenities for their users, in the form of textured paving, landscaping, lighting, street trees, benches, trash receptacles and other items of street furniture, as appropriate.

(14) Parking lot and loading area landscaping, buffering and screening.

(a) Off-street parking, loading areas and driveways: see § 142-41.

(b) Surfacing and curbing shall be in accordance with § 142-41B and shall incorporate Belgian block curbing.

(c) Landscaped islands and other green space should be consolidated into useful areas and not just narrow strips of grass or plantings.

(d) Site plans shall balance the functional requirements of parking with the provision of pedestrian amenities. Transition areas between parking and commercial uses shall be designed with textured paving, landscaping, and street furniture.

(e) Parking lot layout shall take into consideration pedestrian circulation and activities. Pedestrian crosswalks shall be provided, where necessary and appropriate, shall be distinguished by textured paving and shall be integrated into the wider network of walkways. Pavement textures shall be required on pedestrian accessways, and strongly encouraged elsewhere in the parking lot as surfacing materials or when used as accents.

(f) Parking lot layout shall take into consideration adjacent parking areas. An interconnection between parking areas is encouraged.

(15) Landscaping.

(a) See § 142-47.

(b) Landscaping shall be provided as approved by the reviewing board to provide shade, designate entrances, screen parking from roads, buffer utility areas, and provide aesthetic interest throughout the year.

(c) Extensive landscaping shall be required in accordance with a plan conceived for each site as a whole. All areas of a site not occupied by buildings, parking lots, other improvements or textured paving shall be intensively landscaped by the planting of grass or other ground cover; masses of shrubs; and trees as part of site plan approval. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as ground paving materials, paths and walkways, gazebos, fences and walls, street furniture, art and sculpture.

(d) Landscaping shall incorporate traditional street/shade trees, in sidewalk grates where appropriate, at intervals of approximately 35 feet to 40 feet, and should incorporate "potted" plants along sidewalks where suitable, especially to assist in defining amenities such as outdoor dining areas.

(e) Protection of existing plantings. Maximum effort shall be made to save existing plantings. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Snow fences and silt fences are examples of acceptable barriers.

(f) Slope plantings. Landscaping in the area of cuts and fills and/or terraces shall be sufficient to prevent erosion, and all slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability and environment.

(g) Maintenance: see § 142-47L. Additionally, plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season.

(h) Applications for development should include plans for water irrigation on all landscaping, buffering and lawn areas as determined necessary by the Land Use Board. The approved irrigation plan shall be constructed, installed and maintained by the developer and/or subsequent owner.

[Amended 7-20-2022 by Ord. No. 2022-27]

(i) In order to reinforce a sense of place and for ecological benefit, a minimum of 50% of all plantings should be species native to the region and a maximum of 50% of the plantings may be nonnative, noninvasive species. Fertilization and maintenance of planting should be as ecologically sustainable as possible, by engaged organic methods and low-spray or no-spray and toxicity protocols wherever feasible.

(16) Lighting.

(a) See § 142-37.

(b) All light fixtures, including building-mounted light fixtures, and light poles proposed as part of a site plan shall be ornamental and compatible with the architectural style of the buildings. Lighting standards and/or fixtures that are not compatible with the architectural design of the building, such as cobra heads, or shoeboxes, are not permitted.

(c) The lighting plan should take into consideration the hours of operation of the proposed use. The lights should be designed so that they can be reduced or turned off when they are not necessary. A timer may be necessary to regulate the hours of operation.

(d) The maximum cutoff angle shall be used to shield light source, glare and unwanted light from adjacent properties and motorists approaching on bounding roads and highways.

(e) All lighting should be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency.

(f) Outdoor lighting should limit upward light spillage, so as not to contribute to light pollution and "sky-glow."

(17) Signage.

(a) Permitted signs.

[1] Monument signs. Monument signs shall be ground-mounted and supported by a base with a foundation that is firmly embedded in the ground. Supporting frames and bases for freestanding signs shall be permanent materials, such as aluminum, steel, concrete, masonry or combination of such.

[2] One monument sign on Route 526, which shall not exceed an area of 75 square feet, shall have a maximum height of 10 feet and shall be set back a minimum of 10 feet from the right-of-way on Route 526.

[3] One monument sign per building shall be permitted and shall not exceed an area equivalent to 5% of the front facade of the building or 32 square feet, whichever is smaller, shall have a maximum height of five feet and shall be set back from the curb a minimum of 10 feet.

[4] Facade signs are permitted and shall have a total maximum area of 32 square feet.

[5] All facade signs shall be made of substantial, durable materials such as cast or engraved aluminum, brass or bronze, or of painted or powder-coated aluminum or steel.

[6] All lighting of signs shall be indirect, by ground, mounted atop or building-mounted spot or floodlights. Internally illuminated signs are not permitted regardless of the materials of which they are made.

[7] No spandrel, roof or penthouse signs shall be permitted.

(b) There should be a consistent sign design theme throughout the development. A unifying design theme should include style of lettering, method of attachment, construction, material, size, proportion, lighting, position and day/night impacts. Colors of letters and backgrounds should be carefully considered in relation to the color(s) of the materials of the building(s), awnings and/or elsewhere where the signs are proposed to be located. Signs should be a subordinate rather than predominant feature of any building. The lettering and sign should be compatible with the architecture of the building.

(c) A comprehensive signage plan shall be provided by the applicant, which plan shall cover overall project identification, window signage and lettering, individual building/tenant identification, traffic regulations, pedestrian crossings, street identification, parking and directional instructions. All signage must be consistent with a small-scale village character. A signage hierarchy should be established governing the above signage categories.

(18) Other.

(a) A pedestrian path that would connect the Township to Allentown shall be explored and incorporated into the site layout plans.

(b) The Walnford to Washington (Robbinsville) bicycle path shall be incorporated into any development within the zone.

(c) All applications for properties within this zone shall be referred to the Township Historic Preservation Subcommittee as part of any site plan or subdivision application.

(19) LEED. To the extent feasible, development within the zone should follow the guidelines of the U.S. Green Council's Leadership in Energy and Environmental Design (LEED).

§ 142-30.3 CONS Conservation Zone District.

[Added 11-14-2024 by Ord. No. 2024-40]

A. Preamble. The Conservation (CONS) Zone is intended to promote the conservation of open space and natural resources while preserving environmentally-sensitive lands in their undeveloped state and providing for active and passive public recreation.

§ 142-30.4 SC Shopping Center Zone District.

[Added 11-14-2024 by Ord. No. 2024-40]

A. Principal permitted uses.

(1) Shopping center.

(2) Retail sale or rental of goods, merchandise, or equipment, except as follows:

(a) Uses requiring storage or display of goods outside a fully enclosed building.

(b) Motor vehicle sales or service operations.

(c) Lumberyards.

(d) Adult bookstores and/or peep shows.

(e) Auction markets.

(f) Pawn shops.

(g) Any business manufacturing alcoholic beverages under the authorization of the state-issued limited brewery license as defined by N.J.S.A. 33:1-10.

(3) Personal service establishments, having as their primary function the rendering of a service to a client within a building. Such services may include, but are not limited to, barber and beauty shops; dry-cleaning establishments; self-service laundromats; tailor shops; weight loss centers; portrait studios; interior decorating services; video rental; and mail centers. Such service shall not include the following:

(a) Massage parlors.

(b) Animal grooming establishments.

(c) Kennels.

(d) Veterinary hospitals.

(e) Tarot card reading/fortune-telling establishments.

(4) Business offices, including but not limited to medical offices, professional offices and governmental offices.

(5) Restaurants, cafes, coffeehouses, and eateries; drive-through facilities are not permitted.

(6) Combination office service and/or retail sales.

(7) Business service establishments, having as their primary function the rendering of service to a business client. Such services may include, but are not limited to, document reproduction, duplication, and administrative services.

(8) Product service establishments, having as their primary function the servicing or repair of a product, including, but not limited to, the repair and servicing of shoes, audio and visual equipment, appliances, jewelry and watches. Motor vehicle repair, maintenance and/or body shops are not permitted.

(9) Instructional studios, fitness centers and billiard parlors.

(10) Banks and other financial institutions, excluding check-cashing businesses but including automated teller machines (ATM).

B. Accessory uses.

(1) Off-street parking. See § 142-41.

(2) Fences and walls. See § 142-36.

C. Area and yard requirements.

(1) Minimum lot area: 16 acres.

(2) Minimum lot width: 350 feet.

(3) Minimum lot frontage: 350 feet.

(4) Minimum lot depth: 250 feet.

(5) Minimum front yard setback: 44 feet.

(6) Minimum side yard setback: 50 feet.

(7) Minimum rear yard setback: 50 feet.

(8) Maximum impervious surface ratio: 65%.

(9) Minimum parking setbacks: 20 feet, front yard; 10 feet, rear and side yards.

(10) Minimum driveway side yard setback: 10 feet.

(11) Maximum building height: 35 feet or three stories.

§ 142-31 Cluster residential development design option.

[Amended 2-13-2015 by Ord. No. 2015-4; 5-5-2016 by Ord. No. 2016-5; 7-20-2022 by Ord. No. 2022-27]

The purpose of the cluster residential development design option is to provide residential design flexibility in order to preserve open space and preserve environmentally sensitive areas by reducing area and yard requirements. The cluster residential design option may be applied, by mutual agreement between the Land Use Board and the developer, to subdivisions in the RR Rural Residential and R1.5 Low Density Residential Zone Districts. In order to promote maximum preservation of environmentally sensitive lands and open space for agricultural, passive recreational use, and active recreational use, lot averaging may be employed in order to promote subdivision design intended to create a more efficient utilization of open space and economy of land use in the design of cluster developments. The following shall apply to all cluster residential developments:

A. A minimum tract size of 20 acres shall be required in the RR Zone District and 10 acres in the R1.5 Zone District.

B. The maximum number of residential cluster lots shall not be greater than the number of lots which could be achieved on the tract by a conforming conventional residential development for noncluster development. A conceptual plan for an achievable conventional lot layout prepared in accordance with the RR or R1.5 Zone District requirements without variances shall be submitted to the Land Use Board in order to determine the lot yield for the tract. Upon acceptance of the conventional or noncluster lot yield by the Land Use Board, the applicant shall utilize the accepted lot yield for the cluster development.

C. All remaining land in a proposed development, other than streets, building lots and public utilities, shall be set aside as open space for agriculture, conservation, recreation, historic preservation, park areas, buffers, common areas and other public purposes. Pursuant to N.J.S.A. 40:55D-43, lands to be set aside may be deeded to a governmental agency not including the Township, or to a separate person or entity that the open space is otherwise conveyed to or owned by. Where such lands are not deeded to an entity in accordance with the above, the developer shall provide for an organization for the ownership and maintenance of the open space for the benefit of owners or residents of the development.

[Amended 7-11-2024 by Ord. No. 2024-23]

D. A design guideline of two acres is established as a minimum size for any open space parcel offered to a governmental agency not including the Township, a separate person or entity, or organization for the ownership and maintenance of the open space for the benefit of owners or residents of the development. The minimum open space parcel size shall be no less than 10% of total tract area to be clustered.

[Amended 7-11-2024 by Ord. No. 2024-23]

(1) R1.5 cluster standards.

(a) Minimum requirements for principal buildings in an R1.5 cluster development:

[1] Lot area.

[a] The minimum lot size shall be 10,000 square feet and the maximum lot area shall not exceed 20,000 square feet. The average lot size for lots which are the subject of a cluster development shall be a minimum of 15,000 square feet exclusive of any open space or public-purpose lot(s). No more than 10% of any building lot shall be encumbered by environmentally sensitive areas such as wetlands, wetlands transition areas, flood lands which have steep slopes of 15% or greater, or stream corridors as otherwise defined in this chapter.

[b] Flexibility and variety in lot and building layout, roadway construction, utility design and other site improvements shall be encouraged to best relate the improvements to the land. To that end, lots, buildings and utilities shall be designed so as to minimize the alteration of the natural terrain and fit into the open space environment of the R1.5 Low Density Residential District. The Land Use Board may permit the use of a flag lot(s) if it furthers the permanent preservation of common open space and promotes sound planning in the context of existing cluster standards.

[2] Lot frontage: 60 feet.

[3] Lot width: 75 feet.

[4] Lot depth: 60 feet.

[5] Front yard: 25 feet.

[6] Side yard: 10 feet.

[7] Rear yard: 30 feet.

(b) Minimum requirements for accessory buildings (see § 142-33.1 for additional standards applicable to accessory buildings):

[1] Distance to side line: 10 feet.

[2] Distance to rear line: 10 feet.

[3] Distance to other buildings: 15 feet.

(c) Maximum requirements:

[1] Building coverage of principal building: 18%.

[2] Building coverage of accessory building(s): 4 1/2%.

[3] Building height: 2 1/2 stories or 35 feet.

[4] Impervious surface ratio: 0.35.

(2) RR cluster standards for developments without public sewers.

(a) Minimum requirements for principal buildings in an RR cluster development utilizing an acceptable septic system.

[1] Lot area.

[a] The minimum lot size shall be 25,000 square feet and the maximum lot area shall not exceed 60,000 square feet. The average lot size for lots which are the subject of a cluster development shall be a minimum of 45,000 square feet exclusive of any open spaces or public-purpose lot(s). No more than 15% of any building lot shall be encumbered by environmentally sensitive areas such as wetlands, wetlands transition areas, flood lands which have steep slopes of 15% or greater, or stream corridors as otherwise defined in this chapter.

[b] Since public sanitary sewers are not available in the RR Zone District in order to qualify for the cluster option, adequate on-site or community sanitary disposal systems must be provided for their intended purpose as a condition of any approval to allow for use of the cluster option.

[c] Flexibility and variety in lot and building layout, roadway construction, utility design and other site improvements shall be encouraged to best relate the improvements to the land. To that end, lots, buildings and utilities shall be designed so as to minimize the alteration of the natural terrain and fit into the open space environment of the RR Rural Residential District. The Land Use Board may permit the use of a flag lot(s) if it furthers the permanent preservation of common open space and promotes sound planning in the context of existing cluster standards.

[2] Lot frontage: 100 feet.

[3] Lot width: 100 feet.

[4] Lot depth: 100 feet.

[5] Front yard: 35 feet.

[6] Side yard: 25 feet.

[7] Rear yard: 50 feet.

(b) Minimum requirements for accessory buildings (see § 142-33.1 for additional standards applicable to accessory buildings):

[1] Distance to side line: 25 feet.

[2] Distance to rear line: 30 feet.

[3] Distance to other buildings: 20 feet.

(c) Maximum requirements:

[1] Building coverage of principal building: 15%.

[2] Building coverage of accessory building(s): 3%.

[3] Building height: 2 1/2 stories or 35 feet.

[4] Impervious surface ratio: 0.20.

(3) RR cluster standards for developments with public sewers.

(a) Minimum requirements for principal buildings.

[1] The minimum lot area shall be 27,000 square feet and the average lot area for the lots which are the subject of a cluster development shall be a minimum of 35,000 square feet exclusive of any open space(s) or public purpose lot(s). The maximum lot coverage shall be 60,000 square feet. No more than 15% of any building lot shall be encumbered by environmentally sensitive areas such as wetlands, wetlands transition areas, flood lands which have steep slopes of 15% or greater, or stream corridors as otherwise defined in this chapter.

[2] Lot frontage: 130 feet.

[3] Lot width: 130 feet.

[4] Lot depth: 200 feet.

[5] Front yard: 25 feet.

[6] Side yard: 20 feet.

[7] Rear yard: 40 feet.

(b) Flexibility and variety in lot and building layout, roadway construction, utility design and other site improvements shall be encouraged to best relate the improvements to the land. To that end, lots, buildings and utilities shall be designed so as to minimize the alteration of the natural terrain and fit into the open space environment of the RR Rural Residential District. The Land Use Board may permit the use of a flag lot(s) if it furthers the permanent preservation of common open space and promotes sound planning in the context of cluster standards.

(c) Minimum requirements for accessory buildings. (See § 142-62 for additional standards applicable to accessory buildings.)

[1] Distance to side line: 25 feet.

[2] Distance to rear line: 30 feet.

[3] Distance to other buildings: 20 feet.

(d) Maximum requirements.

[1] Building coverage of principal building: 20%.

[2] Building coverage of accessory building(s): 5%.

[3] Building height: 2 1/2 stories or 35 feet.

[4] Impervious surface ratio: 0.25.

E. The land designated for open space shall include, wherever feasible, areas worthy of preservation such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value, as well as sites valuable for their historical significance. The developer may be required to plant trees or make other similar landscaping improvements to such areas. The land designated for open space areas shall be subject to approval by the Township Land Use Board in its review and evaluation of the suitability of such land and shall be subject to acceptance of the dedication by the governing body. Efforts should be made to assemble such land from adjoining areas so as to form continuous bands of open space.

(1) Active recreational facilities shall be provided in planned residential cluster developments, subject to the review and approval of the Land Use Board. Such recreational facilities may be jointly provided by two or more developers within the district with convenient access to all users, provided that the facility and/or recreational area shall equal the recreational requirements of the participating properties served. The location of such recreational facilities shall be carefully planned to provide privacy for the users and to avoid problems of noise, lighting and similar nuisances which might interfere with their use and enjoyment by residents of the development.

(2) The design and use of open space areas interspersed among groupings of residential dwellings shall protect the natural terrain, woodlands, significant views and any unique and unusual feature. Open space other than that preserved for its natural values shall be suitably graded and landscaped. All structures within open space areas shall be sited as to retain their visual appeal. The roadways, lighting and such other improvements in the open space as shall be necessary to enhance the intended open space and recreational uses or accept a contribution in lieu of making such improvements.

F. Buffers along major streets, railroads or nonresidential zone boundaries shall be in conformity with the provisions of Subsection F(1).

(1) Buffers along major streets, railroads and/or nonresidential zone boundaries shall contain sufficient existing natural vegetation, proposed planting and/or fencing to become, within 10 years, a significant visual buffer and shall provide berms and/or sound barriers to minimize the impact of sound within the following buffer widths:

Transportation Facilities	Width (feet)	Minimum Building Setback (feet)
Railroad	100	150
New Jersey Turnpike	100	200
Arterial roads — Route 130, 33, 526 and Loop Road	75	125
Municipal and county collector roads	50	100

(2) Lands for recreation purposes shall be improved by the developer, including grading equipment, walkways and landscaping.

(3) Buffer areas to the extent allowed in Subsection D(1)(a) and D(2)(a) may be included in individual building lots as easements to be maintained by homeowners.

G. Open space deeded to the Township shall meet the following requirements:

(1) Documentation of title duly executed and in recordable form shall be delivered to the governing body accompanied by a certificate of title insurance from a New Jersey title insurance company attesting to good and marketable title.

(2) The documentation referred to above shall be in the form of a deed which shall remain in escrow with the Township pending completion of the project during which time the developer or subdivider, as the case may be, shall maintain the area and shall install any improvements thereon which may be required.

H. Where open space or common property is generated, the Township will not take title to such land. The generated open space or common property shall be deeded to a governmental agency not including the Township, or to a separate person or entity that the open space is otherwise conveyed to or owned by. Where such lands are not deeded to an entity in accordance with the above, the developer shall provide for an organization for the ownership and maintenance of the open space for the benefit of owners or residents of the development in accordance with N.J.S.A. 40:55D-43. The creation of the organization shall be approved by the Township Attorney and shall incorporate the following provisions which shall be submitted and approved prior to final plat approval:

[Amended 7-11-2024 by Ord. No. 2024-23]

(1) Membership in any created open space organization by all property owners shall be mandatory. Such required membership in any created open space organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant with each member agreeing to his liability for his pro rata share of the organization's costs and providing that the Township shall be a party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of the covenant shall be reviewed by both the Township Attorney and the Land Use Board Attorney prior to final approval.

(2) Executed deeds shall be tendered to the Township simultaneously with the granting of final subdivision approval stating that the prescribed use(s) of the lands in common ownership shall be absolute and not subject to reversion for possible future development.

(3) The open space organization shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the open space organization and shall hold the Township harmless from any liability.

(4) Any assessment levied by the open space organization may become a lien on the private properties in the development. The duly created open space organization shall be allowed to adjust the assessment to meet changing needs.

(5) The open space organization initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the development, along with the covenant and model deeds and the articles of incorporation of the association prior to the granting of final approval by the Township.

(6) Part of the development proposals submitted to and approved by the Township shall be provisions to ensure that control of the open space organization will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold or occupied, together with assurances in the bylaws that the open space organization shall have the maintenance responsibilities for all lands to which it holds title.

(7) Where generated open space or common property is deeded to a governmental agency not including the Township, or to a separate person or entity that the open space is otherwise conveyed to or owned by, such deed of conveyance shall contain a restriction preserving the open space or common property for agriculture, conservation, recreation, historic preservation, park areas, buffers, common areas or other public purposes.

I. All dwelling units in the R1.5 Zone Districts shall be connected to public sanitary sewer and water systems. Cluster developments in the RR Zone District which are to be served by individual septic disposal systems, or by a sewage treatment facility constructed by the developer, shall be reviewed and approved by the Township Health Officer, Township Engineer and Township of Robbinsville Utilities Department.[1]

[1] Editor's Note: Former Subsection J, regarding area and yard requirements, which immediately followed this subsection, was repealed 11-14-2024 by Ord. No. 2024-40. This ordinance also redesignated former Subsections K and L as Subsections J and K.

J. Street tree requirements. See § 142-47F for street tree requirements.

K. Toolsheds. Private residential toolsheds in cluster residential developments shall be permitted accessory buildings and uses, provided they conform to the maximum number, square footage and height limitations and the minimum distance to side line, rear line and other building requirements applicable to the zone district in which they are located.

§ 142-32 (Reserved) [1]

[1] Editor's Note: Former § 142-32, Rural agricultural development, was repealed 11-14-2024 by Ord. No. 2024-40.