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.
Inclusionary zoning.
[Added 7-21-2017 by Ord.
No. 2017-14]
(1)
To implement the fair share plan in a manner consistent with the
terms of the settlement agreement, ensure the efficient use of land
through compact forms of development and to create realistic opportunities
for the construction of affordable housing, inclusionary zoning shall
be permitted on the following properties consistent with the provisions
of the Amended and Restated Robbinsville Redevelopment Plan, the Township
of Robbinsville's Housing Plan Element and Fair Share Plan, and the
terms of the settlement agreement:
(a)
Any townhouse, garden apartment, mixed-use development or other
multiple-family residential development, including PURDS, within a
designated redevelopment property identified in the Amended and Restated
Robbinsville Redevelopment Plan shall provide a minimum affordable
housing set-aside of 15% of the total number of units, if the affordable
units will be for rent, and 20% of the total number of units, if the
affordable units will be for sale.
(b)
Any property in the Township of Robbinsville that is currently
zoned for nonresidential uses and that is subsequently rezoned for
residential purposes or receives a use variance to permit residential
development, or that is currently zoned for residential uses and that
receives a zoning change or a density variance to permit residential
development, or for which residential development is permitted through
adoption of a redevelopment plan or amended redevelopment plan in
areas in need of redevelopment or rehabilitation, which residential
development is a townhouse, garden apartment, mixed-use development
or other multiple-family residential development, including PURDS,
which residential development is at a gross density of at least six
units per acre and, in cases in which there was a previously specified
residential gross density, not less than twice the previously permitted
gross density, shall provide an affordable housing set-aside of 15%
if the affordable units will be for rent and 20% if the affordable
units will be for sale.
(2)
Pertaining to the foregoing properties, any townhouse, garden apartment,
mixed-use development or other multiple-family residential development,
including PURDS, that will contain five or more dwelling units shall
comply with the following:
(a)
A minimum of 15% of the total number of units shall be set aside
as affordable housing units if the affordable units will be for rent.
If the calculation of the total number of affordable units required
yields a fraction of less than 0.5, then either a pro-rated payment
in lieu or one additional unit shall be provided. If the calculation
of the total number of affordable units required yields a fraction
greater than 0.5, the obligation shall be rounded up and the additional
unit shall be provided.
(b)
A minimum of 20% of the total number of units shall be set aside
as affordable housing units if the affordable units will be for sale.
If the calculation of the total number of affordable units required
yields a fraction of less than 0.5, then either a pro-rated payment
in lieu or one additional unit shall be provided. If the calculation
of the total number of affordable units required yields a fraction
of greater than 0.5, the obligation shall be rounded up and the additional
unit shall be provided.
(c)
At least half of all affordable units shall be affordable to
low-income households, and the remainder may be affordable to moderate-income
households. Within rental developments, at least 13% of the affordable
units shall be affordable to very-low-income households, with the
very-low-income units counted as part of the low-income requirement.
F.
Transient accommodations shall be a prohibited use in all zoning districts designated pursuant to § 142-8.
[Added 11-22-2019 by Ord.
No. 2019-48]
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.
[Added 7-26-2021 by Ord. No. 2021-21; amended 9-8-2022 by Ord. No. 2022-36; 2-25-2023 by Ord. No. 2023-9; 5-15-2023 by Ord. No. 2023-23]
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.
(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]
(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.
(15)
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.
E.
Area and yard requirements.
(1)
Minimum requirements for principal buildings and structures (detached
dwellings in the RR District):
(2)
(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.
H.
Curbing and sidewalks shall be provided along all public and private roads. See § 142-47F for street tree requirements.
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.
(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:
(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.
[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.
(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.
(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.
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)
All principal uses permitted in the RR District shall also be permitted
in the RR-T2 District in accordance with the RR District standards.
C.
Accessory uses. All accessory uses permitted in the RR District shall
also be permitted in the RR-T2 District.
E.
Area and yard requirements. Area and yard requirements shall be the
same as those set forth for the RR District.
G.
Minimum off-street parking shall be the same as required in the RR
District.
H.
Curbing, sidewalks and street tree requirements shall be the same
as in the RR District.
K.
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 K above, the developer shall be responsible for the cost of extending public water to the lots. If, at the time of application, public water is already available on the tract, the developer shall pay Robbinsville Township a sum equal to the reasonable cost of the installation and/or extension of the infrastructure for public water.
(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)
(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.
[11]
No dwelling unit shall front an arterial or collector road.
(5)
Toolsheds. Private residential toolsheds in the RR-T2 Zone District 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 R1.5 Zone District and set forth in § 142-16C(9) and E(2) of this chapter.
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. All accessory uses permitted in the RR District shall
also be permitted in the RR-T1 District.
D.
Conditional uses.
(3)
Residential cluster development on a minimum of twenty-five-thousand-square-foot lots or with a variable lot size pursuant to § 142-61J(16) hereof. See § 142-61J.
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.
(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.
(14)
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.
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)
(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.
G.
Curbing and sidewalks shall be provided along all public and private roads. See § 142-47F for street tree requirements.
J.
Cluster residential option. Regulations for PVD Planned Village Development
option.
(1)
Preamble.
(a)
The purpose of this option is:
[1]
To encourage innovation in design and reflect changes in land
development technology.
[2]
To provide for necessary commercial facilities and services.
[3]
To provide for new higher-density housing.
[4]
To recognize the existing approval for Foxmoor (Washington Square),
including housing for low- and moderate-income households.
[5]
To ensure compatibility among land uses.
[6]
To encourage the highest quality urban design and architecture.
[7]
To conserve the value of land.
[8]
To encourage more efficient use of land, public services and
facilities.
[9]
To encourage better movement and transportation of people.
[10]
To prevent strip commercial development.
[11]
To encourage attractive and safe residential neighborhoods.
[12]
To preserve the residential integrity of adjacent
areas.
(b)
This option shall be permitted only in the areas of R1.5 District
designated on the Zoning Map.[2]
[2]
Editor's Note: The Zoning Map is included at the end of this chapter.
(2)
Permitted uses.
(a)
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.
(b)
Multifamily residential structures and townhouses including
and encouraging a variety of housing types and styles.
(c)
Commercial uses permitted in the TC Town Center Zone and in compliance with the design standards and bulk regulations of that zone, except that freestanding signs for shopping centers are permitted in accordance with § 142-48C(8).
(d)
Public and quasi-public uses, including public schools, churches,
firehouses, first-aid stations, nursing homes and day-care centers.
(e)
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.
[Added 10-17-2017 by Ord.
No. 2017-28]
(3)
Accessory uses.
(a)
Playgrounds.
(b)
Conservation areas.
(c)
Parks and public purpose uses.
(d)
Sports courts.
[Amended 11-24-2021 by Ord. No. 2021-29]
(e)
Public swimming pools.
(f)
Off-street parking.
(g)
Fences.
(h)
Garages to house delivery trucks or other commercial vehicles.
(i)
Detached garages and other customary accessory buildings or
structures with single-family detached and semidetached dwellings
on small lots.
(4)
Standards.
(a)
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.
(b)
PVD developments must be located in 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.
(c)
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. Two hundred
fifty 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.
(d)
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.
(e)
The overall tract density of the PVD 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 US Army Corps of Engineers.
(f)
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.
(g)
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.
(h)
No building shall exceed three stories in height.
(i)
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.
(j)
No parking lot shall be located closer than 20 feet to a PVD
site boundary line.
(k)
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.
(l)
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 groundcover, together with a dense screen of trees, shrubs or other
plant materials meeting the following requirements:
[1]
Plant materials used in screen planting shall be at least eight
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.
[2]
Buffer areas shall be permanently maintained, and plant material,
which does not live, shall be replaced within one year or one growing
season.
[3]
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.
[4]
The buffer area shall not be broken unless specifically approved
by the Board.
[6]
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.
[7]
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.
(m)
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 certified landscape
architect.
(o)
To assure that the variety of housing types and styles permitted
in PVD developments is achieved, the unit type proposed shall meet
the following criteria:
[Amended 8-2-2018 by Ord.
No. 2018-24]
|
Permitted Use
|
Required Percentage of Units
| |
|---|---|---|
|
Single-family detached
|
Not to exceed 8
| |
|
Single-family semidetached (which includes patio homes, duplexes,
triplexes and quadplexes)
|
Not to exceed 107
| |
|
Townhouses
|
Not to exceed 826
| |
|
Multifamily structures (excluding townhouses)
|
Not to exceed 722
|
(6)
Signs.
(a)
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.
(b)
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.
(7)
Small lot detached and semidetached single-family dwelling.
(a)
Bulk standards.
[1]
Maximum gross density: 3.75 dwelling units per acre.
[2]
Minimum lot area: 4,500 square feet. The average lot area for
small lots shall be a minimum of 5,000 square feet.
[3]
Minimum corner lot area: 4,800 square feet.
[4]
Minimum lot frontage: 50 feet for rectilinear lots and 30 feet
for pie-shaped lots.
[5]
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.
[6]
Minimum lot depth: 90 feet.
[7]
Minimum front yard. [Note: Lots with two street fronts shall
be considered to have two front yard setbacks.]
[8]
Minimum initial side yard.
[a]
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.
[b]
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.
[c]
Minimum combined side yard setback for both side
yards on a lot shall be 12 feet for principal building and attached
garage.
[d]
Side entry garage doors shall have a minimum side
yard setback of 28 feet.
[e]
Excepting for single-family semidetached units,
the minimum spacing between principal buildings shall be 10 feet.
[f]
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.
[10]
Future side and rear yard setbacks. A zero side
or rear yard setback shall not be permitted for any construction performed
subsequent to the issuance of the initial certificate of occupancy
for any lot. An addition to an existing structure or a new structure
shall be subject to a minimum five-foot side and rear yard setback
and to the following side and rear yard requirement:
[11]
Maximum impervious coverage.
[12]
Maximum building coverage: 50%.
[13]
Maximum habitable floor area ratio shall be 0.5
excluding basements.
[14]
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.
[15]
Swimming pools shall be prohibited.
[16]
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.
[Amended 7-20-2022 by Ord. No. 2022-27]
(b)
Design standards.
[1]
Site standards.
[a]
Community park areas, as defined in this Subsection
J(7)(b)[1][a], 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.
[Amended 7-20-2022 by Ord. No. 2022-27]
[b]
No wetlands, wetlands transition areas, if any,
and/or one-hundred-year floodplains shall be located within the building
lots or park areas.
[c]
Tract buffers, except along existing roads, required under Subsection J(4)(k) 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.
[2]
Building standards.
[a]
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.
[b]
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.
[c]
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.
[d]
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.
[e]
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.
[f]
First-floor decks shall only be permitted above
walkout basements where such decks face onto rear yards and the lot
abuts common open space.
[g]
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:
[i]
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:
[A]
The roofs are varied in style, i.e., gable vs.
hip;
[B]
The design and location of windows are different,
i.e., bay windows vs. single windows;
[C]
The front entry is different, i.e., covered entry
porch with railing vs. uncovered entry patio;
[D]
For homes with attached garages, a side entry garage
vs. a front entry garage; and
[E]
The exterior materials of at least 50% of the front
facades of the homes are different, i.e., stone vs. brick vs. horizontal
siding.
[ii]
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 30 and 60 lots, there shall be a minimum
of four base model type homes offered for sale. For developments which
consist of between 60 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.
[iii]
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.
[iv]
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.
[v]
The board of jurisdiction may grant relief from
the provisions of this Subsection J(7)(b)[2][g].
[vi]
The provisions of this Subsection J(7)(b)[2][g]
shall not apply to semidetached dwelling units.
[h]
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.
[i]
Finished first floors of dwellings shall be set
based upon the following criteria:
[i]
Front yard setback of 10.00 feet to 14.99 feet:
finished floor will be set no higher than 4.0 feet above the highest
curb elevation along the frontage of the building lot.
[ii]
Front yard setback of 15.00 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.
[iii]
Front yard setback of 20.00 feet and greater:
finished floor will be set no higher than 5.0 feet above the highest
curb elevation along the frontage of the building lot.
[j]
Basements may have walkout access if significant
grading of the natural topography is not required.
[k]
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.
[l]
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.
[3]
Fence standards.
[a]
Fences in front yards shall not exceed three feet
in height and shall be less than 60% solid.
[b]
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.
[4]
Streets and driveways.
[a]
Driveways shall be a minimum width of nine feet.
[b]
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.
[c]
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.
[d]
Four-foot-wide sidewalks shall be required on both
sides of residential access streets.
[e]
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.
[f]
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.
[Amended 7-20-2022 by Ord. No. 2022-27]
[g]
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.
[h]
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.
[i]
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 twenty-four-foot-wide
paved cartway, in which case parking would be prohibited on both sides
of the street.
[Amended 7-20-2022 by Ord. No. 2022-27]
[j]
Residential subcollector streets shall have minimal
driveway access and a fifty-foot right-of-way. A twenty-eight-foot
paved cartway shall be provided with parking allowed on one side.
Residential subcollectors shall have a four-foot sidewalk on both
sides.
[k]
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.
[Amended 7-20-2022 by Ord. No. 2022-27]
(8)
Attached single-family residential.
(a)
Site standards. The following standards shall apply to each
attached single-family dwelling unit:
[1]
Semidetached dwelling.
[a]
Minimum lot area: 2,000 square feet.
[b]
Minimum lot frontage: 20 feet.
[c]
Minimum lot width: 30 feet.
[d]
Minimum front yard: 20 feet.
[e]
Minimum side yard: zero feet, other side.
[f]
Minimum side yard: 12 feet, other side.
[g]
Minimum rear yard: 30 feet.
[h]
Maximum lot coverage: 50%.
[i]
Maximum number of stories: 2 1/2.
[j]
Maximum building height: 35 feet.
[k]
Maximum number of dwelling units per building:
two.
[2]
Duplex dwelling.
[a]
Minimum lot area: 2,500 square feet.
[b]
Minimum lot frontage: 20 feet per unit.
[c]
Minimum lot width: 30 feet per unit.
[d]
Minimum front yard: 20 feet per unit.
[e]
Minimum side yard: five feet one side; 12 feet
other side.
[f]
Minimum rear yard: 30 feet.
[g]
Maximum lot coverage: 60%.
[h]
Maximum number of stories: 3 1/2.
[i]
Maximum building height: 35 feet.
[j]
Maximum number of dwelling units per building:
two.
[3]
Attached single-family triplex housing.
[a]
Minimum lot area: 1,200 square feet.
[b]
Minimum lot frontage: 16 feet per unit.
[c]
Minimum lot width: 16 feet per unit.
[d]
Minimum front yard: 20 feet.
[e]
Minimum exterior side yard: 12 feet, one side.
[f]
Minimum interior side yard: zero feet, inside units.
[g]
Minimum rear yard: 30 feet.
[h]
Maximum lot coverage: 60%.
[i]
Maximum number of stories: 2 1/2.
[j]
Maximum building height: 35 feet.
[k]
Maximum number of dwelling units per building:
three.
[4]
Attached single-family quadraplex housing.
[a]
Minimum lot area: 1,000 square feet.
[b]
Minimum lot frontage: 30 feet per unit.
[c]
Minimum lot width: 30 feet per unit.
[d]
Minimum front yard: 20 feet.
[e]
Minimum side yard: zero feet, one side.
[f]
Minimum side yard: 18 feet, other side.
[g]
Minimum rear yard: zero feet; 40 feet for building.
[h]
Maximum lot coverage: 50%.
[i]
Maximum number of stories: 2 1/2.
[j]
Maximum building height: 35 feet.
[k]
Maximum number of dwelling units per building:
four.
(9)
Townhouses.
(a)
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.
(b)
Height shall be limited to three stories. Chimney, cupola and
similar appurtenances are exempt.
(c)
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 an 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:
(d)
Parking requirements:
[2]
Off-street parking spaces must be a minimum of nine feet by
18 feet and meet all required access and egress standards.
[3]
Garages may be considered as one or more parking spaces.
[4]
Curbside parking is allowed only to accommodate number of cars
associated with guest parking. All other parking must be off street.
[5]
No parking is allowed in the front yards.
[6]
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.
(e)
Units shall be attached in such a manner as to provide maximum
safety and privacy for adjoining units.
(f)
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.
(g)
Townhouse units attached on a single linear plane shall not
exceed a length of 120 feet.
(h)
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.
(i)
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.
(j)
All townhouse structures shall be site planned to allow for
fire access.
(k)
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.
(l)
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.
(m)
A minimum of 300 square feet of storage shall be provided for
each unit in the basement, attic or other provided area attached to
unit. This area shall include storage for garbage in the front of
the unit, bicycles, garden equipment, barbecue equipment and so forth.
(10)
Apartments.
(a)
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.
(b)
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.
(c)
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 curbside on street.
(d)
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.
(11)
Required public facilities and improvements.
(a)
Parcel size and location of public facilities shall be substantially
in accordance with the adopted Master Plan.
(b)
All public utilities shall be installed in accordance with the
Township development regulations:
[1]
All PVD development shall be tied into approved and adequate
public sanitary sewerage, water systems and stormwater drainage systems.
[2]
All water systems shall be looped, of a size and type as approved
by the Township Engineer.
[3]
All sewerage systems shall be approved by the Township of Robbinsville
Utilities Department.
(c)
All streets, roads, sidewalks and bikeways shall comply with the configuration and proposed alignments and design standards set forth in Article V.
(d)
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.
(e)
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.
(f)
A landscaping plan shall be prepared by a certified landscape
architect, and approved by the Land Use Board.
[Amended 7-20-2022 by Ord. No. 2022-27]
(g)
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.
(h)
Facilities for pedestrians, bicyclists and vehicles.
[1]
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.
[Amended 7-20-2022 by Ord. No. 2022-27]
[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 20 feet long.
[3]
Bike racks shall be provided where there are 24 or more units
in a cluster.
(i)
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, two-and-one-half-inch
to three-inch caliper at 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.
(j)
Environmental considerations.
[1]
All development in conformity with the Master Plan shall not
be required to submit:
[a]
Environmental impact statements.
[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.
(12)
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.
[Amended 7-20-2022 by Ord. No. 2022-27]
(13)
Low- and moderate-income housing requirements.
(a)
A minimum of 10% of the dwelling units in each development shall
be low-income housing units and 10% shall be moderate-income housing
units. Construction of such units shall be phased to be in proportion
to construction of other units.
(b)
The applicant shall demonstrate, by deed restriction, or other
legal documentation satisfactory to the Land Use Board, that each
of the low-income and each of the moderate-income housing units shall
remain available to such families for a period of not less than 30
years, except that there shall not be any requirement mandating the
removal or relocation of any family merely because its income has
increased beyond the low- or moderate-income range after purchase
or initial rental of a housing unit.
[Amended 7-20-2022 by Ord. No. 2022-27]
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.
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.
A.
Preamble. The zone is established to recognize two existing developments
which were granted use variances, one for apartments and the second
for townhouses.
B.
Principal permitted uses on the land and in buildings.
(1)
Multifamily residential structures and townhouses.
D.
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 VD 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.
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.
[Amended 7-20-2022 by Ord. No. 2022-27]
(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.
F.
Signs. The following regulations shall apply in VD Zones:
(1)
Each VD 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.
G.
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 VD 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 VD 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)
(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.
H.
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.
I.
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.
(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.
[Amended 7-20-2022 by Ord. No. 2022-27]
J.
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.
[Amended 7-20-2022 by Ord. No. 2022-27]
(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.
K.
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.
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.
(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.
(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:
(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]
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:
(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:
[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:
[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%.
(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:
(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:
(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.
(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.
[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.
(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.
(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.
(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.
(6)
Permitted uses for Special Condition E in TC-2 Zone District.
(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.
(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.
(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:
(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]
(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.
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:
(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.
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]
A.
Intent and purpose. It is the intent and purpose of this section
to create a zoning district which would permit the establishment of
a mixed-use/age-restricted conservation development (MU-ARCD) with
the objective to provide a mixed-use development of various types
of age-restricted housing or assisted and/or communal living facilities
integrated with non-age-restricted units combined with appropriate
intensities of commercial and other nonresidential uses, to create
a "blended," more organic community on one or more sites in proper
locations as recommended by the Township Master Plan and as set forth
on the amended Township Land Use Plan and Zoning Map. This district
shall permit the development of a mixed-use commercial node and a
residential hamlet or village containing a variety of unit types using
a neotraditional compact neighborhood design that will preserve existing
agricultural fields and forests and promote pedestrian-oriented shopping
within a mixed-use commercial and office area so as to promote the
following:
(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.
B.
MU-ARCD District designated. The MU-ARCD district is established
on the following properties within the Township as shown on the map
attached hereto as Exhibit A[1] and designated on the Zoning Map, as amended hereby: Lots
23, 24 and 27 in Block 21; Lots 1, 11, 12, 13, 14, 22 and 23 in Block
22 and Lots 3, 4, 6, 7, 8, 9, 10, 11, 12, 23, 24, 25, 26, 27, 29 and
31 in Block 26 as shown on the Robbinsville Township Tax Map. The
existing Rural Agricultural (RA) and Office Research (OR) Zone Districts
which formerly applied to these properties are repealed in their entirety
and replaced with the new Mixed-Use/Age-Restricted Conservation Development
(MU-ARCD) District, standards and regulations established herein.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
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 nonresidential uses. The following as-of-right
commercial uses are permitted in a MU-ARCD in mixed-use buildings
provided that any retail or service uses are limited to the ground
floor.
(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 may be permitted on the first, second and third stories
of mixed-use buildings, with the exception that such uses shall not
be permitted on the same floor as a residential use. Alternatively,
mixed-use buildings may include residential units on the second and
third stories above commercial or office uses, with the exception
that residential uses shall not be permitted on the same floor as
office or commercial space.
(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.
(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)
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.
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).
(6)
Pools and spas. Subject to the development standards and controls in § 142-20.1H(16).
(9)
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 Township Council and board of jurisdiction
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.
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.
| |
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.
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-1 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).
D.
Accessory uses permitted.
(3)
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.
(4)
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.
F.
Area, yard and building requirements.
(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.
(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.
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 at the end of 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.
(3)
Garages, storage buildings and other customary accessory uses incidental
to the principal use.
(4)
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.
(5)
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.
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.
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.
(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.
(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.
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.
[Amended 11-14-2014 by Ord. No. 2014-23]
C.
Permitted uses:
(1)
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.
(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 recreational uses, such as health spas, gyms,
tennis and racquetball courts.
(7)
Combination office service and/or retail sales.
(8)
Hotels with a one-hundred-room minimum and a restaurant on the premises.
D.
Accessory uses permitted:
(3)
Garages, storage buildings and other customary accessory uses incidental
to the principal use.
(4)
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.
(5)
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.
F.
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.
[Amended 11-14-2014 by Ord. No. 2014-23]
(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.
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.
(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.
(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.
[Amended 11-14-2014 by Ord. No. 2014-23]
(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.
(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.
(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).
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.
(4)
Office parks comprised of any of the above uses, provided that a
minimum tract acreage of 25 acres is provided.
(5)
Farms.
(6)
Banks and bank branches only in office parks.
(7)
Restaurants only in office parks and only those establishments at
which food is served only to customers seated at tables and consumed
only by customers seated at tables.
(8)
Tennis centers, health clubs and racquet clubs only in office parks
and only on parcels of land consisting of five or more acres.
(9)
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.
(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)
Garages, storage buildings and other customary accessory uses incidental
to the principal use.
(4)
Temporary construction trailers and one sign not exceeding 32 square
feet, advertising the prime contractor, subcontractor(s), architects,
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(s) and sign are on site where construction
is taking place.
(5)
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]
(6)
Day-care centers associated with office buildings.
(7)
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.
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.
[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.
PLANNED COMMERCIAL DEVELOPMENT ZONE
TECHNICAL COORDINATING COMMITTEE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
(c)
Height of buildings, maximum permitted.
(d)
Maximum coverage: 55%; hotel/conference center: 50%.
(e)
Maximum FAR: 23%; hotel/conference center: 30%.
(f)
Bulk standards, Type 2.
(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:
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.
(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)
Farms, as described under the RR Zone District.
(6)
Public utility uses.
(8)
Building material supplies and equipment sales.
[Added 10-11-2012 by Ord. No. 2012-17]
(9)
Contractor shops, offices, and materials and equipment storage areas.
[Added 10-11-2012 by Ord. No. 2012-17]
(10)
Small repair and machine shops, generally employing less than
20 persons on site.
[Added 10-11-2012 by Ord. No. 2012-17]
(11)
Auto parts and accessories retail and wholesale sales.
[Added 10-11-2012 by Ord. No. 2012-17]
(12)
Retail sales and service of large consumer goods, such as furniture,
carpeting and appliances.
[Added 10-11-2012 by Ord. No. 2012-17]
(13)
Office and communication equipment sales and service.
[Added 10-11-2012 by Ord. No. 2012-17]
(14)
Bulk document, computer data and information storage facilities.
[Added 10-11-2012 by Ord. No. 2012-17]
(15)
Indoor active recreation facilities and sports centers, practice
studios/training facilities, health clubs and fitness centers and
like and similar types of indoor fitness, recreational, instructional,
and therapeutic activities.
[Added 10-11-2012 by Ord. No. 2012-17]
(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.
[Added 10-11-2012 by Ord. No. 2012-17]
(17)
Restaurants, cafes, delicatessens or luncheonettes.
[Added 10-11-2012 by Ord. No. 2012-17]
(18)
Limited breweries as defined by N.J.S.A. 33:1-10(1)(b).
[Added 12-5-2018 by Ord.
No. 2018-38]
C.
D.
Accessory uses permitted.
(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.
(4)
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(s) and sign are on the site where
construction is taking place.
(5)
The keeping of horses, ponies, cows, sheep, fowl or other farm livestock,
with a minimum of five acres for every two animals.
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 OW Zone District.
[Amended 4-1-2014 by Ord. No. 2014-5]
(2)
Impervious surface ratio: N/A in OW Zone District.
[Amended 4-1-2014 by Ord. No. 2014-5]
(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.
(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.
[Added 9-8-2022 by Ord. No. 2022-36; amended 2-25-2023 by Ord. No. 2023-9]
[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.
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.
[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.
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.
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.
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.
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]
(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.
(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.
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:
(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.
AIR HAZARD
AIRPORT
AIRPORT HAZARD AREA
COMMISSIONER
DEPARTMENT
DEVELOPMENT
DIRECTOR
DIVISION
FAST-TRACK
PERSON
STRUCTURE
TREE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any area of land or water, or both, designed and set aside
for the landing and taking off of fixed-wing aircraft, utilized or
to be utilized by the general public for such purposes, publicly or
privately owned, and licensed by the Commissioner as a public use
airport or landing strip, or an area which has been determined by
the Commissioner to be likely to be so licensed within one year of
the determination.
Any area of land or water, or both, upon which an airport
hazard might be created or established if not prevented as provided
by this section.
The Commissioner of the Department of Transportation.
The Department of Transportation.
The construction, reconstruction, creation or establishment
of any structure or planting of a tree.
The Director of the Division of Aeronautics.
The Division of Aeronautics.
An accelerated system of application review procedures.
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.
Any object constructed or installed by man, including, but
not limited to, buildings, towers, smokestacks, chimneys and overhead
transmission lines.
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[8]
Airport Hazard Safety Zone Area and Height
Restriction Diagram
Robbinsville Township
 |
[8]
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.)
The following regulations apply in the GC District:
B.
C.
Maximum building height. No building shall exceed 35 feet in height and 2 1/2 stories. See § 142-64 for exceptions and modifications.
E.
Minimum off-street parking.
(1)
Off-street parking shall be required at the rate of three spaces
for every hole. This standard shall be deemed adequate for the golf
course, pro shop, snack bar and locker room employees and users.
(2)
Where a restaurant or taproom exists and is open to nongolfers, parking
shall be provided at the rate of one space for every three seats for
each such use.
(3)
Where commercial tennis courts exist and are open to nongolfers,
parking shall be provided at the rate of four spaces for each court.
(4)
Where a commercial swimming pool exists, parking shall be provided
at the rate of one space for each 50 square feet of surface pool area.
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.
(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.
(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:
(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:
(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.
(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.
A.
Purpose. The purpose of this section is to implement the historic
preservation element of the Master Plan and to protect, enhance, and
perpetuate especially noteworthy examples or elements of the Township's
historic character and environment in order:
(1)
To safeguard the heritage of the Township by preserving resources
which reflect elements of its cultural, social, economic, architectural
and agrarian history;
(2)
To encourage the continued use of historic sites and to facilitate
their appropriate use;
(3)
To maintain and develop an appropriate and harmonious setting
for the historic and architecturally significant buildings, structures,
site objects, hedgerows, vistas, and tree stands within the Township;
(4)
To manage change by preventing alteration or new construction
not in keeping with any historic district;
(5)
To discourage the unnecessary demolition of historic and cultural
resources; and
(6)
To promote the conservation of historic and cultural resources.
B.
H-O Historic Overlay Zone designated. The H-O District is established
as an overlay zone on the following properties within the Township
and shown on the map attached hereto as Exhibit A[1] and designated on the Zoning Map, as amended hereby:
|
Village of Windsor: Lots 32, 33, 34, 35, 36, 37, 38, 39, 40,
41, 42, 43, 44, 45, 47, 48, 49, 50, 51, 52, 53, 54 and 55 in Block
10; Lots 1.01, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
35, 36 and 37 in Block 11; Lots 1.01, 3, 4, 5, 6, 6.01, 6.02, 7, 8,
9.01, 9.02, 10 and 11 in Block 12; Lots 1, 2, 3, 4, 21, 22, 23, 24,
25, 26.01, 28.01 and 31 in Block 13; Lots 2.01, 2.02, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 14, 15, 17, 70, 75 and 75.01 in Block 14.
| |
|
Hamlet of New Sharon: Lots 11, 13, 14, 15, 16, 17, 18, 19, 21,
22, 23, 24, 25, 37, 39, 40, 44, and 45 in Block 44.
| |
|
Hamlet of New Canton: Lots 9, 10 and 23 in Block 41.
|
[1]
Editor's Note: Said map is on file in the Township offices.
C.
ADDITION
ADMINISTRATIVE OFFICER
BUILDING
DEMOLITION
HEDGEROW
HISTORIC LANDMARK
(1)
(2)
(3)
(4)
(5)
(6)
HISTORIC OVERLAY ZONE
IMPROVEMENT
INTEGRITY
MINOR WORK
OBJECT
PRESERVATION
REPAIR
SITE
STREETSCAPE
TREE LINES AND TREE STANDS
VISTAS
Definitions. The terms set forth hereinafter shall have the following
meanings:
Any construction of an additional area to an existing building
which affects the exterior appearance of the existing building.
The Director of Community Development or his designee shall
be responsible for the review of any development applications which
affect the areas of the Township which are subject to the within ordinance.
Any structure which exists or is proposed to be constructed
in the areas of the Township subject to the within ordinance.
The total or partial razing of any existing historic site
inclusive of natural and vegetative features or of any improvement
within the Historic Overlay Zone.
A grouping of shrubs, bushes and similar vegetation which
forms a hedge. For purposes of this section, the same is intended
to include such groupings which were intentionally created or historically
maintained as a hedge.
Any buildings, sites, or objects within the Historic Overlay
Zone which are of a nature that are deemed to be of historic significance
due to their design, type of material, or workmanship and which have
been designated in the Master Plan directly or by reference to the
established historic districts of the Village of Windsor, the Hamlet
of New Sharon, and the Hamlet of New Canton to be:
Of particular historic significance to the Township of Robbinsville,
State of New Jersey, or to the United States of America.
Of particular historic association with an individual or group
which was deemed to have importance in the development of the Township,
state or nation.
The site of an historic event which impacted the Township, state,
or nation.
Of such an architectural or engineering style that it embodies
the distinctive characteristics of a type or period which affected
the Township.
Represents the work of a significant builder, designer, or architect
who performed work in this area.
Represents design, detail, material, or craftsmanship elements
which were unique to the area or a certain period in the development
of the area.
Those areas of the Township which possess a significant concentration,
linkage, or continuity of sites, buildings, structures, geographic
features, and/or objects which have been designated in conjunction
with the provisions of the within ordinance and when viewed in their
totality reflect a unique character of a portion of the Township which
is distinguishable from the surrounding areas.
Any structure; part thereof or accessory amenity which is
intended to be utilized in conjunction with the principal building
or use on a certain property.
The ability of a property or element to convey its historic
significance; the retention of those essential characteristics and
features that enable a property to effectively convey its significance.
Work which is defined in the New Jersey Uniform Construction
Code Act[2] as being minor, but which requires a construction code
permit.
A thing of function, aesthetic, cultural, historic, or unique
value to the Township which may be worth preservation.
The act or process of applying measures to sustain the existing
form, integrity, and material of a building or structure, and the
existing form and vegetative cover of a site.
Any work done to a structure which does not constitute an
addition, does not change the exterior architectural appearance of
any improvement, and is defined as an ordinary repair in the New Jersey
Uniform Construction Code.
The property upon which a significant event or series of
events occurred having historic significance to the Township. A site
may also be the former location of a building, structure, or object
which is no longer in existence.
The visual character of the street including, but not limited
to, the architecture, building setbacks and height, fences, storefronts,
signs, parking areas, materials, colors, sidewalks, curbing, and landscaping.
Groupings of trees which were maintained over time as points
of demarcation or for natural preservation which have been incorporated
into the natural landscape of the Township through its evolution to
the present.
Areas of expansive views typically delineated by natural
or topographic features which form points of reference evocative of
the Township's historic development and sense of openness suggestive
of the evolution of the Township's land use patterns intending to
preserve a recognition of its past.
[2]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
D.
Historic preservation subcommittee.
(1)
Members. The Historic Preservation Subcommittee shall consist
of five regular members and two alternates, appointed by the Mayor,
to act as a subcommittee of the Land Use Board.
[Amended 11-1-2017 by Ord. No. 2017-30; 7-20-2022 by Ord. No. 2022-27]
(a)
The Class A member shall be a person who is knowledgeable in
building design and construction or architectural history and may
reside outside the municipality. The Class B member shall be a person
who is knowledgeable or with a demonstrated interest in local history
and who may reside outside the municipality. The remaining three regular
members shall be designated as Class C members. Class C members shall
be citizens of the municipality who can be a member of the Land Use
Board but shall hold no other municipal office, position, or employment.
Alternate members shall meet the qualification of Class C members.
The Mayor shall designate at the time of appointment the regular members
by class and alternate members as "Alternate No. 1" and "Alternate
No. 2."
(b)
The terms of the members first appointed under this section
shall be so determined to the greatest practicable extent so the expiration
of the terms shall be distributed, in the case of the regular members,
evenly over the first four years after their appointment, and in the
case of alternate members, evenly over the first two years of their
appointment, provided that the initial term of no regular member shall
exceed four years and that the initial term of no alternate member
shall exceed two years. Thereafter, the term of a regular member shall
be four years, and the term of an alternate member shall be two years.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only. Notwithstanding any other provision
herein, the term of any member common to the Historic Preservation
Subcommittee and the Land Use Board shall be the term of membership
on the Land Use Board.
(c)
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate is to vote, Alternate No. 1 shall
vote.
(d)
A member may, after public hearing if so requested by the member,
be removed by the Township Council or the Land Use Board for cause.
(e)
The Council shall annually designate a member to serve as the
liaison between the Township Council and the Historic Preservation
Subcommittee. Said liaison shall not be a voting member of the Subcommittee
but may participate in discussions or application reviews.
(2)
Officers. The Historic Preservation Subcommittee shall annually
elect a chairperson; a vice chairperson; and a secretary.
(a)
Meetings; rules. The Historic Preservation Subcommittee shall
be scheduled to meet monthly or as often as may be required to perform
the functions of the Subcommittee. All meetings shall be held prior
to the Land Use Board meeting.
[Amended 7-20-2022 by Ord. No. 2022-27]
(b)
A quorum for the transaction of the business shall be three
members or alternates.
(c)
Minutes of all Historic Preservation Subcommittee meetings shall
be sent to the Land Use Board and Township Council.
[Amended 7-20-2022 by Ord. No. 2022-27]
(3)
Responsibilities. The Historic Preservation Subcommittee shall
have the responsibility to:
[Amended 7-20-2022 by Ord. No. 2022-27]
(a)
Advise and assist the Land Use Board during the preparation
and/or update of the Historic Preservation Element of the Master Plan
and six-year capital improvement program;
(b)
Advise the Land Use Board on the inclusion of historic sites
in the recommended capital improvement program;
(c)
If requested by the Land Use Board, advise on applications for
development, including new construction or replacements, alterations,
and/or additions, within the designated Historic Overlay Zone.
(d)
Report annually to the Land Use Board and the Township Council
as to the state of historic preservation within the Township, to include
recommendations and measures for improvement or amendment.
(4)
Actions requiring review.
(a)
Upon referral from the Land Use Board, the Historic Preservation
Subcommittee will review all development plans, including new construction
or replacements, alterations and/or additions, within the designated
Historic Overlay Zone. The Historic Preservation Subcommittee has
the right to prepare a written report containing recommendations regarding
the application and testify at the hearing through a delegate. The
Land Use Board retains its discretion to grant or deny an application
despite the Historic Preservation Subcommittee's recommendation.
[Amended 7-20-2022 by Ord. No. 2022-27]
(b)
In addition to referral of general development applications
from either of the aforesaid boards, the following actions shall require
Historic Preservation Subcommittee review:
[1]
The proposed removal or destruction of a hedgerow,
vista, or other physical feature of a rural property within the Historic
Overlay Zone, which has been designated as having historic or other
significant character to the Township.
[2]
Demolition of an historic landmark or building
or object within the designated Historic Overlay Zone.
[3]
The Subcommittee, when requested by Township Council
or the Land Use Board, may engage in other special projects which
are deemed to be beneficial to the performance of its overall duties.
[Amended 7-20-2022 by Ord. No. 2022-27]
[4]
Upon referral from the Zoning Officer, the Historic
Preservation Committee shall review new construction or replacements,
alterations and/or additions to single-family homes or any other type
of building or structure that does not require Board approval.
[Amended 10-10-2013 by Ord. No. 2013-23]
E.
Criteria for review.
(1)
The Historic Preservation Subcommittee intends to rely upon
the Secretary of the Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings, published in 1979 and revised
in 1983, or as the same may be amended from time to time, as the guidelines
for building rehabilitation and review.
(2)
Whenever an applicant seeks to use substitute materials, the
Historic Preservation Subcommittee may request that the applicant
provide supplemental information, some of which will be required as
follows:
(a)
That the original material is not available for replacement.
(b)
The cost of replacing the original material is significantly
higher than the cost of a suitable replacement.
(c)
The cost of maintenance of the original material is unreasonable
in light of the cost of replacing it with a suitable replacement or
in the alternative creates an unsafe condition.
(3)
The Historic Preservation Subcommittee shall consider the following
matters in reviewing any proposed action within the Historic Overlay
Zone:
(a)
The impact any action might have upon a building, district,
or landmark.
(b)
The overall architectural or historic significance the change
may have on the immediately surrounding community or the community
at large.
(c)
The effect the change may have on the historic status of any
historic hamlet or district within the Township.
(d)
The effect the proposed changes would have on the character
of the building, and the efforts made to keep the building with its
original materials.
(e)
The proposed use of the structure or property.
(f)
Any changes to the exterior of the building or landmark which
would alter the public's perception of the same.
(g)
Any exterior changes to the building or landmark which is located
within the Historic Overlay Zone which would affect its consistency
with the architecture or historic character of the District.
(h)
Any other matters which may affect the exterior character of
the building or landmark which may have an adverse effect on the community
with the exception of any interior modifications which shall be exempt
from review by the Historic Preservation Subcommittee unless they
somehow affect the exterior of the structure.
(4)
Factors to be considered by the Historic Preservation Subcommittee
in reviewing applications for new construction, or replacements affecting
an historic landmark or other improvement within an Historic Overlay
Zone, include the following:
(a)
Underlying zoning. All major subdivision applications that are within the Historic Overlay Zone and have a Rural Residential (RR) zoning classification as the underlying zoning shall utilize the cluster option as described in § 142-31. Utilizing the cluster option will aid in the preservation of vistas, hedgerows, tree stands, as well as provide development that is visually compatible with the buildings and places to which it is visually related.
(b)
Height. The height of the proposed building shall be visually
compatible with adjacent buildings.
(c)
Proportion of a building's front facade. The relationship of
the width of the building to the height of the front elevations shall
be visually compatible with the buildings and places to which it visually
relates.
(d)
Proportion of openings within the facility. The relationship
of the width of the windows to the height of windows in a building
shall be visually compatible with the buildings and the places to
which it visually relates.
(e)
Rhythm of spacing of buildings on streets. The relationship
of the building to the open space between it and adjoining buildings
shall be visually compatible with buildings and places to which it
visually relates.
(f)
Rhythm of solids to voids on facades fronting on public places.
The relationship of solids to voids in such facades of a building
shall be visually compatible with buildings and places to which it
is visually related. This shall include the vertical facade plane
as well as the roofline of the building.
(g)
Rhythm of entrances. The relationship of entrances and porches
to the street shall be visually compatible to the buildings and places
to which it is visually related.
(h)
Relationship of materials, texture and color. The relationship
of materials, texture and color of the facade and roof of a building(s)
shall be visually compatible with the predominant materials used in
the building to which it is visually related.
(i)
Roof. The roof shape of a building shall be visually compatible
with the buildings to which it is visually related.
(j)
Scale of buildings. The size of a building, mass of a building
in relation to open spaces, the windows and door openings, porches,
and balconies shall be visually compatible with the buildings and
places to which it is visually related.
(k)
Directional expression. A building shall be visually compatible
with buildings and places to which it is visually related in its directional
character, whether this be vertical character, horizontal character
or nondirectional character.
(l)
Exterior features. A structure's related exterior features such
as lighting, fencing, sidewalks, driveways, and parking areas shall
be compatible with the features of those structures to which it is
visually related and shall be appropriate for the historic period
for which the structure is significant. New signage shall comply with
any historic design graphic standards developed by the Land Use Board
in conjunction with the Historic Preservation Subcommittee as well
as applicable ordinances relating to the size of the signage.
[Amended 7-20-2022 by Ord. No. 2022-27]
(m)
Frontage. In order to ensure that the building is visually compatible
with the buildings to which it is visually related, reverse frontage
is prohibited.
(5)
Factors to be considered by the Historic Preservation Subcommittee
in reviewing applications for alterations and/or additions affecting
a site or improvement within the Historic Overlay Zone include the
following:
(a)
Design and materials. The proposed design and materials will
conform to the building's original architectural style.
(b)
Original qualities. The distinguishing original qualities or
character of a building, structure, or site and its environment shall
not be destroyed. The removal or alteration of any historic materials
or distinctive architectural features shall be avoided.
(c)
Repair versus replacement. Deteriorated architectural features
(i.e., windows, doors, shutters, trim, siding, etc.) shall be repaired
rather than replaced, wherever possible, using the Secretary of the
Interior's Standards for Rehabilitation. In the event that replacement
is necessary, the new material should match the material being replaced
in composition, design, color, texture, and other visual qualities.
(d)
Design of alterations. Contemporary design for alterations and
additions to existing properties shall not be discouraged when such
alterations and additions do not destroy significant historic, architectural,
or cultural material and such design is compatible with the size,
scale, color, material, and character of the property, neighborhood,
or environment.
(e)
Character of alterations. Wherever possible, new additions and
alterations to structures shall be done in such a manner that if such
additions or alterations were to be removed in the future, the essential
form and integrity of the structure would be unimpaired.
(6)
Factors to be considered by the Historic Preservation Subcommittee
in reviewing applications to demolish an historic site, landmark,
improvement, hedgerow, tree stand, vista or place within the Historic
Overlay Zone include the following:
(a)
Its historic, architectural, cultural or scenic significance.
(b)
If it is within a New Jersey or national listed historic district,
the significance of the structure in relation to the historic character
of the district and potential impact of its removal on the district.
(c)
Its potential uses for those purposes currently permitted by
the Zoning Ordinance.
(d)
Its structural condition and the economic feasibility of alternatives
to demolition based upon reports from qualified experts in historic
building preservation.
(e)
Its importance to the Township and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
(f)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could be reproduced only
with great difficulty and expense.
(g)
The extent to which its retention would promote the general
welfare by maintaining and increasing the real estate values, generating
businesses, attracting tourists, attracting new residents, stimulating
interest and study in architecture and design, or making the Township
an attractive and desirable place in which to live.
(h)
The probable impact of its removal upon the ambience of this
Historic Overlay Zone.
(7)
Application for demolition.
(a)
All applications for demolition must be submitted prior to the
commencement of the demolition process unless the same is ordered
as a result of its condition by another Township agency or official
for the purpose of promoting the public safety or welfare.
(b)
In assessing a request for demolition, the Subcommittee may
advise the Land Use Board to require a financial analysis regarding
the feasibility of saving or demolishing the building or landmark,
including efforts made by the owner or applicant to save the building
or landmark, including to sell or rent the same to a third party.
In the event the permission to demolish is granted, the Land Use Board,
if advised by Subcommittee, has the right to have any unique architectural
or other features of the building or landmark removed for preservation
purposes; have the site photographed prior to demolition; and shall
also be granted authorization to conduct an historic dig at the site
if the same is deemed appropriate by it.
[Amended 7-20-2022 by Ord. No. 2022-27]
(c)
The Land Use Board on the advice and affirmative recommendation
of the Historic Preservation Subcommittee, upon affirmative vote of
a majority of its full membership, may postpone demolition of an historic
building or landmark for up to one year. During said period, the Land
Use Board in conjunction with the Historic Preservation Subcommittee
shall work with the applicant in an effort to determine a method of
preserving the feature. The Land Use Board shall also endeavor to
work with the Township Council in seeking methods to help in the preservation
process.
[Amended 7-20-2022 by Ord. No. 2022-27]
F.
Penalties.
(1)
Any person who undertakes an activity which would cause a change
in the exterior architectural appearance of any improvement within
the Historic Overlay Zone without obtaining review and approval of
the Township through the Land Use Board, Construction Official, Township
Council or, if applicable, the Historic Preservation Subcommittee
shall be deemed in violation of this section.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
Upon learning of any violation of this section, the Township
Zoning Officer shall personally serve or provide certified mail return-receipt-requested
notice upon the owner of the property whereon the violation is occurring,
describing the violation in detail and giving the owner 10 days to
abate the violation by restoring the landmark or improvement to the
condition it was prior to the occurrence of the violation. If the
owner cannot be personally served within the municipality with the
notice, a copy shall be posted on the property and a copy sent to
the owner at his last known address as it appears on the municipal
tax rolls.
(3)
In the event that the violation is not abated within 10 days
of service or posting on site, whichever is earlier, the Zoning Officer
shall cause to be issued a summons and complaint, returnable in the
municipal court, charging the owner with the stated violation of the
within ordinance and specifying the wrongful conduct of the violator.
Each separate day the violation exists shall be deemed to be a new
and separate violation of this section.
(5)
In the event there is a violation of the within ordinance and
the owner or applicant fails to abide by any stop order or other directive
issued by the Zoning Officer or the Construction Official, the Zoning
Officer or Construction Official is authorized to seek injunctive
relief regarding a stop or restoration in the Superior Court, Chancery
Division, not less than 10 days after the delivery of notice pursuant
to this section. Any injunctive relief would be in addition to the
penalties as set forth herein.
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.
(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.
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.
(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.
(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.
(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).
[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. Lands
to be set aside may be deeded to the Township or to a homeowners'
association.
D.
A design guideline of two acres is established as a minimum size
for any open space parcel offered to the Township or homeowners' association.
The minimum open space parcel size shall be no less than 10% of total
tract area to be clustered.
(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.
(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.
(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.
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.
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; a homeowners' association shall be established
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:
(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, and any deeded lands may be sold, donated
or in any other way conveyed to the Township for public purposes only.
(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.
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.
L.
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.
A.
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:
(1)
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.
(2)
The design of the development shall blend with the rural agricultural
atmosphere of the RR District.
(3)
The development will not adversely affect the development of adjacent
or adjoining properties.
(4)
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.
B.
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:
(1)
The right-of-way for all local streets which are entirely within
the subdivision shall be 50 feet.
(2)
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.
(3)
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.
(4)
Curbs will not be required except where grades exceed 5% or other
conditions require their installation.
(5)
Sidewalks will not be required.
(6)
Culs-de-sac may be 1,200 feet in length.
C.
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.
