Township of Willingboro, NJ Article III General Provisions

§ 370-8 Conflicting provisions.

Any restrictions or requirements with respect to buildings or land, or both, which appear in other ordinances of the Township of Willingboro or are established by law and which are greater than those set forth herein shall take precedence over those herein.

§ 370-9 Conformity required.

No building shall be hereafter erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in the appended schedule, nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements, and all other regulations designated in the schedule and this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or such use shall be deemed to be in violation of this chapter, and the certificate of occupancy shall become void, and the owner, tenant, lessee or occupant of the building shall be further subject to the penalties hereafter set forth.

§ 370-10 Permitted modifications and exceptions.

A. Undersize lots of record.

(1) Any parcel of land within any residential zone with an area or width less than that prescribed for a residential lot in the zone in which such lot is located may be used for the construction of a residence permitted within that zone, provided that:

(a) The parcel has existed as a nonconforming lot since June 29, 1965.

(b) Any person owning the parcel on or at any time since June 29, 1965, has not simultaneously owned additional contiguous land.

(c) The parcel contains a minimum area of 5,000 square feet.

(d) The width of the parcel (lot width) is at least 50 feet.

(e) A minimum side yard of five feet on each side shall be observed.

(f) The setback prescribed for the zone in which the parcel is situated shall be met.

(g) A rear yard of not less than 75% of the rear yard required in the zone in which the parcel is situated shall be provided.

(h) All requirements for the zone in which the parcel is situated regulating detached accessory structures, building height, maximum lot coverage, and minimum floor area shall be met.

(2) Upon approval of the Planning Board, residences permitted in the zone in which such a parcel is located also may be constructed upon lots which were included in a subdivision plat which was either duly approved under the Municipal Planning Act of 1953 prior to June 29, 1965, but subsequent to January 1, 1954 (the effective date of the act), or which subdivision was granted tentative approval under the Act prior to June 29, 1965, and granted final approval subsequent to June 29, 1965, but within three years from the date of tentative approval, provided that, in either instance, the final subdivision plat has been recorded in the office of the County Clerk within the time prescribed by law.

B. Height. The height limitations of this chapter shall not apply to silos, church spires, belfries, cupolas, and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Public buildings, schools, and churches shall increase the front, rear and side yards by one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located, and further provided that in no case shall any building have a height greater than 50 feet unless explicitly permitted by the schedule of this chapter.

C. Irregularly shaped lots. In the case of irregularly shaped lots, the minimum lot frontage specified in the schedule, measured at the street line, may be reduced to not less than 50% of the minimum lot width requirement. The side yard width at the building line shall not be less than the required minimum side yard width set forth in the schedule.

D. In the R-1A Zone, the following exceptions and supplements to the general provisions dealing with the specific items hereinafter set forth shall be permitted:

(1) Extensions and projections.

(2) Steps, terraces, and porches. Steps and terraces at or near grade levels may extend into any minimum front yard not more than six feet. On a corner lot having a side yard 25 feet in width, such steps and terraces may extend into such side yard not more than six feet. Enclosing or roofing of such steps or terraces extending into minimum required yards is prohibited. Roofed but otherwise unenclosed porches may extend into the minimum front yard where the porch is not more than six feet in width.

(3) Bay windows. Any bay window, oriel, or balcony 10 feet or less in width may project by not more than three feet into any front, side or rear yard.

(4) Cornices, sills, and roof overhangs. Cornices, eaves, and other roof overhangs may project 2 1/2 feet or less over any court or yard, but the projection shall be at least four feet from the vertical plane of any lot line. Sills, leaders, belt courses, and similar ornamental features may project not more than six inches over any court or yard.

(5) Chimneys. One chimney, eight feet or less in width, may project not more than two feet into the minimum front, rear, or side yard.

§ 370-11 Preservation of natural features.

A. No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year. No building shall be constructed on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface.

B. No persons, firm or corporation shall strip, excavate, or otherwise remove any topsoil for sale, nor remove or cause topsoil to be removed from Willingboro Township for any purpose whatever.

C. Existing natural features, such as clusters of trees, brooks, and drainage channels, shall be retained whenever practicable. To this end, in areas zoned as R-1, R-2 and R-3, there shall be no clearance of the land until the Planning Board has approved a site plan outlining the location of all existing natural features and which of these features shall be retained.

§ 370-12 Subdivision and site plan requirements.

See Chapter 205, Land Subdivision and Site Plan Review, of the Code of the Township of Willingboro generally.

§ 370-13 Additional regulations.

A. No lot in any R-1, R-2, or R-3 Zone shall have erected upon it more than one single-family residential building with attached accessory buildings. No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building. No accessory building in any R-1, R-2, or R-3 Residential Zone shall be detached, except one used as a dollhouse, greenhouse, toolshed, wellhouse or doghouse and which shall conform to Subsection N below.

B. All lots requiring reverse frontage shall have a minimum of 20 feet of depth above the requirements of this chapter. Ten feet of this depth adjacent and parallel to the street line, to be known as a "reverse planting strip," will be planted by the developer in evergreen trees or shrubs to provide a visual screen at least six feet in height and covering 50% of the frontage of the property by the end of three growing seasons. These 10 feet shall not be included in determining the required rear yard space of that lot. Reverse planting strips may contain only ornamental plantings, and no fence, driveway, accessory building or structure of any kind, whether attached or detached, is permitted therein.

C. Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Township's requirements or for which such improvements have been ensured by the posting of a performance guarantee pursuant to Chapter 205, Land Subdivision and Site Plan Review, of the Code of the Township of Willingboro, unless relief has been granted by the Board of Adjustment under the provisions of N.J.S.A. 40:55D-70. However, in the case of the attached townhouses only, where a building lot does not front upon a public street, no such building lot shall be located further than 150 feet from a public street.[1]

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

D. Where a building lot has frontage on a street which the Development Plan or the Official Map of the Township indicates is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.

E. Boat and boat trailer storage.

(1) Except as hereinafter provided, no open storage of boats and boat trailers or camping or travel trailers shall be permitted, except:

(a) On the paved portion of the front yard.

(b) In the side yard in accordance with § 370-75J.

(c) In the case of boats and boat trailers, in the rear yard of premises having direct rear yard access to the Rancocas Creek.

(2) Motor vehicles may be stored only upon off-street parking areas as defined in § 370-76A.

(3) The storage of boats and boat trailers or camping or travel trailers shall be permitted in the rear yard upon the obtaining of a permit therefor and compliance with each of the following conditions:

(a) The stored boat and boat trailer or camping or travel trailer shall be parked no closer than four feet to the side and rear property lines, and, in the case of reverse frontage lots, not less than 24 feet from the rear property lines and not closer than 10 feet from the living area of any adjacent house.

(b) The area of ground coverage encompassed by the parked or stored boat and boat trailer or camping or travel trailer combined with the area of all existing buildings on the property shall not exceed the maximum percentage of a lot to be occupied by buildings or structures as set forth in this section.

(c) No boat and boat trailer or camping or travel trailer shall be parked or stored unless it is in condition for safe and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the boat and boat trailer or camping or travel trailer in its existing state. In no case shall any such boat and boat trailer or camping or travel trailer be so parked or stored for a period of more than two months if not in condition for safe and effective performance of the function for which it is intended.

(d) Each occupied single-family residential property may have outside parking or storage upon it for one boat and boat trailer or camping or travel trailer. "Outside parking" shall be parking not enclosed within four walls.

(e) The boat and boat trailer or camping or travel trailer shall have and display thereon a current state license or registration.

(f) The boat and boat trailer or camping or travel trailer parked or stored shall not be occupied for living or sleeping purposes and shall not have connection to electricity, water, gas or sanitary sewer facilities for the purpose of using this equipment for living or householding purposes within the Township.

(g) Motors or engines that are a part of or attached to or used with the equipment shall not be worked on or tested in such a manner as to annoy and disturb adjacent property owners or occupants, and, specifically, motors or engines shall not be worked on or tested before 9:00 a.m. or after 7:30 p.m., prevailing time, on Monday through Saturday, inclusive, or before 10:00 a.m. or after 7:30 p.m., prevailing time, on Sunday. Testing of the motors or engines shall not be permitted for more than one hour during any day of the week and for more than 15 minutes consecutively at any time during the day. Testing shall be further subject to Chapter 231, Noise, of the Code of the Township of Willingboro, pertaining to regulation of noise.

(h) The boat and boat trailer or camping or travel trailer shall be screened from any adjacent residential structure by a living fence, which shall have a minimum height of four feet, where the parked or stored equipment is within 70 feet of an adjacent residential structure, and access to the parked or stored equipment to the street shall not be through the rear or side yard reverse planting areas.

(i) The exterior parking and storage area shall be maintained in a clean and sanitary condition, free from any accumulation of garbage or rubbish. The repair and maintenance functions contained herein shall be performed in such a manner as to keep the premises free from rodents, vermin and insects.

(j) Where the rear yard is also adjacent to a street on the side, parking or storage shall not be permitted in the rear yard in an area extending beyond the side of the dwelling closest to such street.

(4) The permit required under this subsection shall be applied for and renewed by written application on forms available in the office of the Department of Inspections. The application shall be filed with the Department. Should the applicant show an intent to comply with the provisions of this subsection and all other applicable state and local regulations, the Department of Inspections shall issue the permit upon the conditions set forth in this subsection. No permit shall be granted unless the applicant is both the occupant of the premises to be licensed and the owner, lessee or authorized user of the equipment. Permits shall apply to the premises and not to the equipment, and, in the event of any change in facts set forth in the application, the Department of Inspections shall be notified within 15 days. No permit shall be transferred without the prior permission of the Department of Inspections. For the purpose of this subsection, the following words shall have the following meanings:

BOAT AND BOAT TRAILER

Includes boats, not exceeding 18 feet in length, eight feet in width and nine feet in height, plus the normal equipment to transport same on the highway.

CAMPING TRAILER

A non-self-propelled vehicular, portable structure mounted on wheels, constructed with collapsible, partial sidewalls of fabric, plastic or other pliable material for compact folding while being drawn by another vehicle, and when unfolded at the site or location, provides temporary living quarters, the primary design of the structure being for recreation, camping or travel use. The camping trailer shall not exceed the length, width or height limitations prescribed above for a boat and boat trailer.

TRAVEL TRAILER

A non-self-propelled vehicular, portable structure mounted on wheels, primarily designed and constructed to provide temporary living quarters for recreation, camping or travel use. The travel trailer shall not exceed 22 feet in length and the width or height limitations prescribed above for a boat and boat trailer.

F. All construction of commercial or business uses, wherever authorized by this chapter, is requested to be an approved colonial or early American architectural design or an equivalent mode which is satisfactory to the Planning Board of Willingboro Township.

G. Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.

H. All yards, open spaces, off-street parking, and landscaping as required by this chapter and the schedule must be contained within the zone in which the primary use to which they are requirements is permitted.

I. On any corner lot, no wall or fence, and no hedge, tree, shrub, or other growth, shall be maintained which may cause danger to traffic on a street by obscuring the view, as determined by the Chief Police Officer of the Township.

J. Whenever any street, alley or other public way is vacated by official action of the Township Council, the zoning district shall be automatically extended to the center of such vacated public way, and all areas included in the vacated area in question shall be subject to all appropriate regulations of the extended district.

K. For the purpose of regulating the locations of principal and permitted accessory buildings on corner lots, and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which the corner lot or through lot is located.

L. When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use.

M. The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone, sewer, or electric service. All facilities such as repeater stations and electric substations which require a structure above grade shall be subject to the provisions of this chapter with respect to other uses requiring a conditional use permit application as indicated in each of the respective districts and subject to §§ 370-78 through 370-88 of this chapter.

N. Accessory buildings.

[Amended 2-24-2009 by Ord. No. 2009-5]

(1) An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building.

(2) Detached accessory buildings shall not exceed 200 square feet and shall be no more than 12 feet in height.

(3) Only two such detached accessory buildings of different types (i.e., shed, gazebo) shall be permitted on each lot.

[Amended 11-22-2022 by Ord. No. 2022-12]

(4) A zoning permit shall be required to be obtained from the Township of Willingboro prior to installation of any accessory structure.

(5) A zoning inspection shall be conducted to insure compliance with the yard requirements of § 370-7 of this chapter after the accessory use has been erected.

[Amended 3-5-2013 by Ord. No. 2013-1]

(6) Detached accessory buildings shall be located to the rear of the rear building line of the principal building and shall conform to the yard requirements of the schedule, § 370-7 of this chapter.

(7) On corner lots, no such structure or building of any kind shall be permitted in the area beyond the sidewall (as extended) of the house nearest the street, except in the case of a property that has been fenced in accordance with § 155-3I.

(8) A written notice of violation shall be given to the owner of the property of any violations of the above subsections of this Subsection N. The owner shall be served by personal service or first-class mail. The owner shall have five days from the date of the written notice to comply with all the requirements that are in violation. Failure to comply with the provisions of this chapter shall subject the owner to the penalties contained in Chapter 1, Article II, General Penalty, of the Code of the Township of Willingboro, with the minimum fine not less than $50. Each day shall constitute a separate violation for each subsection of this Subsection N in violation.

(9) In no event shall a carport be considered an accessory use. For purposes of this Subsection N and Subsection O, a "carport" shall mean a roofed, wall-less shed projecting from the front or side of a building, used or designed to be used as a shelter for an automobile.

O. Any use not specifically permitted in a zoning district established by this chapter is hereby expressly prohibited from that district, and it is further provided that the following uses and activities shall be specifically prohibited in any zone in the Township of Willingboro:

(1) Auction markets.

(2) Miniature golf courses, golf driving ranges, drive-in theaters, trampoline centers, and amusement arcades.

(3) Junkyards; automobile wrecking or disassembly yards; the sorting or baling of scrap metal, paper, rags, or other scrap or waste material.

(4) The keeping of wild or poisonous reptiles, insects or animals. Household pets, such as dogs or cats, and other tame and nonpoisonous animals approved by the Zoning Officer and Code Enforcement Officer of the Township are permitted.[2]

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

(5) Trailer courts, trailer coaches used as a dwelling or commercial activities related to the outdoor storage or display of trailer coaches.

(6) Privately operated dumps for the disposal of garbage, trash, junk, refuse, and similar materials.

(7) Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products.

(8) Uncovered lots for the rental, sale or storage of new or used motor vehicles or utility trailers, trailer coaches and vans, except as permitted in § 370-83 (as to rental or sale).

(9) Drive-in restaurants.

(10) Major repairs of automobiles where disassembly is involved, unless such repairs are done indoors.

(11) All signs commonly referred to as "A-frame" or "sandwich-type signs" and which, for descriptive purposes, are usually located at ground level. The fact that such signs may be elevated or permanently fixed shall not validate their use in any zone.

(12) Carports, as defined in Subsection N of this section.

P. For purposes of this chapter, portable pools as defined herein shall meet all yard requirements applicable to a detached accessory building. A private swimming pool as defined herein shall not be erected or placed nearer to a street property line or nearer to a side or rear property line than would be permitted for the principal building in the applicable zoning district as set forth in the schedule, § 370-7. No swimming pool may be placed or erected in the front or side yard of any lot.

Q. Any temporary swimming pool, as defined in § 333-1 of the Code of the Township of Willingboro, which has been legally erected before June 3, 1974, and which is registered with the Department of Inspections on or before September 15, 1974, shall be permitted to be situated in the rear yard of a residence, although it may intrude upon the rear yard setback area set forth in the schedule which is made a part of § 370-7 to the extent and under the same status that it intruded before June 3, 1974.