A.
Authority and purpose. Pursuant to the provisions of the Third Round
Substantive Rules promulgated and adopted by the New Jersey Council
on Affordable Housing, N.J.A.C. 5:94 et seq. and N.J.A.C. 5:95 et
seq., it is hereby declared that the purpose of this section is to
help the Township fulfill its affirmative obligation to facilitate
the provision of affordable housing.
B.
Definitions. As used in this section, words and phrases shall have
the same meanings they have pursuant to N.J.A.C. 5:94-1.4, as said
provision may from time to time be amended.
C.
Uniform affordable housing production obligation based upon growth
share.
(1)
Residential development requirements.
(a)
All new residential development in any zoning district shall
be required to provide affordable housing at the ratio of at least
one affordable housing unit for every eight new market-rate residential
units proposed. The provision of the affordable housing unit(s) required
shall be through on-site construction or through the creation of affordable
units off site.
(b)
(c)
For the purposes of this section, "residential development"
shall include new market-rate residential units created from the conversion
of a nonresidential building to residential unit(s) requiring the
issuance of a certificate of occupancy.
D.
Compliance mechanisms.
(1)
Construction of affordable housing on site.
(a)
As to affordable housing units constructed on site within a
residential development:
[1]
The affordable housing units may be provided within single-family
dwellings, duplex buildings, triplex buildings or quadriplex buildings,
mixed in with market-rate units as well as designed to resemble as
nearly as possible the single-family homes otherwise being constructed
within the development to accommodate the market units. Such buildings
shall be deemed to be permitted uses in the underlying zone when created
for the purpose of meeting the growth share obligation.
[2]
No density bonus shall be granted for the construction of the
affordable housing units on site.
[3]
The lots within the development may be reduced in area and width
to 50% of the area and width otherwise required in the applicable
zone in order to accommodate the construction of the affordable housing
units on one or more lots on the same tract. All required setback,
building height and coverage limits for the zone shall be met on all
lots.
[4]
All affordable units shall comply with COAH's rules pertaining
to the phasing, integration, low/moderate income split, controls on
affordability, bedroom distribution, affirmative marketing, heating
source and administration of the affordable units, as set forth in
N.J.A.C. 5:94-4.4 and elsewhere in the rules.
[5]
All required setbacks, building height, open space requirements
and coverage limits for the zone shall be met on all lots.
[6]
All applicable Board of Health and NJDEP regulations for water
supply and sewage treatment shall be met.
(b)
As to affordable housing units constructed on site within a
nonresidential development:
[1]
Affordable housing units may be constructed within or converted
from space above the first floor level in nonresidential buildings
or may be constructed in a separate building or buildings on the same
site as a permitted nonresidential use or development, subject to
site plan review by the Land Use Board. Mixed-use buildings containing
up to eight affordable units each shall be considered to be permitted
uses in all nonresidential zoning districts, with the exception of
warehouse districts, in Robbinsville Township, notwithstanding any
other provisions of this chapter to the contrary.
[Amended 7-20-2022 by Ord. No. 2022-27]
[2]
All required setbacks, building heights and coverage limits
for the zone shall be met on nonresidential lots containing affordable
housing units.
[3]
In computing the required parking for any mixed-use development
containing affordable housing units, consideration shall be given
to shared parking opportunities.
[4]
All affordable units shall comply with COAH's rules pertaining
to the phasing, integration, low/moderate income split, controls on
affordability, bedroom distribution, affirmative marketing, heating
source and administration of the affordable units, as set forth in
N.J.A.C. 5:94-4.4 and elsewhere in the rules.
[5]
All applicable Board of Health and NJDEP regulations for water
supply and sewage treatment shall be met.
(2)
Creation of affordable housing units off site but within the Township.
(a)
Developers electing to create affordable units elsewhere within
Robbinsville Township may do so with the prior written consent of
the Township Council on vacant or underutilized land or within existing
buildings, whether converted, reconstructed or purchased for buy down,
in any residential zone of Robbinsville Township, as set forth and
regulated herein. Prior to granting its consent, the Township Council
shall first refer the developer's request to the Land Use Board, which
shall, within 30 days after referral, provide written comment to the
Township Council as to whether any undeveloped land in question would
be suitable for construction of affordable units.
[Amended 7-20-2022 by Ord. No. 2022-27]
(b)
Within the zones in Robbinsville Township containing existing
buildings, the reconstruction and conversion of any dwelling from
a single- or two-family dwelling into a building containing up to
three dwellings in which all such dwelling units are deed restricted
for affordability to and occupancy by low- and moderate-income households
shall be permitted as of right, subject to meeting all other requirements
of this subsection, notwithstanding any other provisions of this chapter
to the contrary.
(c)
The minimum square footage of each individual dwelling shall
be as determined by the Land Use Board on a case-by-case basis.
[Amended 7-20-2022 by Ord. No. 2022-27]
(d)
All affordable units shall comply with COAH's rules pertaining
to the phasing, integration, low/moderate income split, controls on
affordability, bedroom distribution, affirmative marketing, heating
source and administration of the affordable units, as set forth in
N.J.A.C. 5:94-4.4 and elsewhere in the rules.
(e)
All required setbacks, buildings height and coverage limits
for the zone shall be met on lots containing affordable housing units.
(f)
All such units shall meet or shall be improved to meet UCC requirements
and shall be certified to be in standard condition prior to their
conveyance or occupancy.
(3)
Payments in lieu of construction.
(a)
Payments in lieu of construction of affordable housing shall
be based upon a proportionate share of the total project cost embodied
in one or more pro-forma statements ["pro-forma(s)"] for the construction
of an affordable housing development elsewhere within Robbinsville
Township, which proforma(s) shall be on file in the office of the
Municipal Clerk. The actual payment in lieu of construction to be
made by the developer shall be subject to negotiation with the Township
based upon the following considerations: the actual land costs of
the site(s) identified for affordable housing construction elsewhere
in Robbinsville Township or reasonable and acceptable offers to substitute
land, site preparation and/or construction services for all or a portion
of the monetary payment otherwise required, the actual cost of buying
down or subsidizing one or more existing or planned market-priced
dwelling units to achieve a cost affordable to a qualified household.
(b)
Regardless of the mechanism selected by the developer for satisfying
the required number of affordable housing units, any development or
portion thereof that generates a fraction of an affordable housing
unit as all or a portion of the obligation shall under any circumstances
be required to make a payment in lieu of construction of or that fraction
of a unit based on the pro rata cost of constructing an affordable
housing unit in Robbinsville Township.
(4)
Other requirements. (Reserved)
(5)
Exemptions. The Township exempts the following types of development
from satisfying a growth share obligation under the terms of this
section:
A.
Purpose. The purpose of this section is to create the administrative
mechanisms needed for the execution of Robbinsville Township's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
B.
ADMINISTRATIVE AGENT
MUNICIPAL HOUSING LIAISON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
Robbinsville Township to ensure that the restricted units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low- and moderate-income households.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for Robbinsville Township.
C.
Establishment of Municipal Housing Liaison position and compensation;
powers and duties.
(1)
Establishment of position of Municipal Housing Liaison. There
is hereby established the position of Municipal Housing Liaison for
Robbinsville Township.
(2)
Subject to the approval of the Council on Affordable Housing
(COAH), the Municipal Housing Liaison shall be appointed by the governing
body and may be a full- or part-time municipal employee.
(3)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Robbinsville
Township, including the following responsibilities which may not be
contracted out:
(a)
Serving as Robbinsville Township's primary point of contact
for all inquiries from the state, affordable housing providers, administrative
agents, and interested households;
(b)
Monitoring the status of all restricted units in Robbinsville
Township's Fair Share Plan;
(c)
Compiling, verifying, and submitting annual reports as required
by COAH;
(d)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable;
(e)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH;
(4)
Subject to approval by COAH, Robbinsville Township may contract
with or authorize a consultant, authority, government or any agency
charged by the governing body, which entity shall have the responsibility
of administering the affordable housing program of Robbinsville Township.
If Robbinsville Township contracts with another entity to administer
all or any part of the affordable housing program, including the affordability
controls and affirmative marketing plan, the Municipal Housing Liaison
shall supervise the contracting administrative agent.
(5)
Compensation. Compensation shall be fixed by the governing body
at the time of the appointment of the Municipal Housing Liaison.
(6)
Administrative powers and duties assigned to the Municipal Housing
Liaison shall include those tasks not specifically delegated to the
approved administrative agent as part of the contract period.
(7)
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities.
[Amended 9-8-2022 by Ord. No. 2022-3610-11-2012 by Ord. No. 2012-17; 3-18-2013 by Ord. No. 2013-3; 11-14-2014 by Ord. No.
2014-22; 7-13-2021 by Ord. No. 2021-20; 7-20-2022 by Ord. No. 2022-27; 9-8-2022 by Ord. No. 2022-36; 11-8-2022 by Ord. No. 2022-39; 2-25-2023 by Ord. No. 2023-9]
Before a building permit or certificate of occupancy shall be
issued for any conditional use as permitted by this chapter, application
shall be made to the Land Use Board as required by N.J.S.A. 40:55d-70(d)(3).
The Land Use Board shall grant or deny the application within 95 days
of submission of a complete application by a developer to the administrative
officer or within such further time as may be consented to by the
applicant. The review by the Land Use Board of a conditional use shall
include any required site plan review. Public notice and a hearing
shall be required as stipulated. All requests for approval of conditional
uses, the burden of proof shall be on the applicant. The Land Use
Board shall give due consideration to all reasonable elements, which
could affect the public health, welfare, safety, comfort and convenience,
such as, but not limited to, the proposed use(s), the character of
the area, vehicular travel patterns and access, pedestrianways, landscaping,
lighting, signs, drainage, sewage treatment, potable water supply,
utilities and building and structure location(s) and orientation(s).
A.
Office and research uses in RR Zone.
(1)
Permitted as conditional uses in the RR Zone.
(2)
Minimum tract size shall be 50 acres.
(3)
All properties must have direct access to Route 130 or the proposed
loop road as shown on the Robbinsville Township Master Plan. Such
access to the loop road must be to a completed section which connects
to Route 130, to the interchange of Interstate 195 or to the interchange
of the New Jersey Turnpike.
(4)
Private wells and private sewage disposal systems are permitted,
and there shall be no connections to public sewer, unless such areas
are shown to be within the future sewer service areas as identified
on the adopted Robbinsville Township Master Plan, in which case, dry
sewer lines may be required by the Township of Robbinsville Utilities
Department.
(5)
That the potential for flooding, excess runoff and surface erosion
have been considered and resolved to avoid adverse effects on the
development and on surrounding areas. The one-hundred-year floodplain
and any inland wetlands, designated by the U.S. Department of the
Interior or U.S. Army Corps of Engineers are excluded from any calculations
for density.
(7)
Buffer yards shall be 200 feet.
(8)
Maximum height for buildings shall be two stories or 30 feet.
(9)
A two-hundred-foot minimum setback for one-story buildings is required,
and a three-hundred-foot minimum setback for two-story buildings is
required.
(11)
Site must be extensively landscaped, utilizing Belgian block
curbing, street trees, and decorative lighting standards.
(12)
All parking must be screened.
B.
Nursery schools and day-care centers as defined in § 142-7.
(1)
Permitted as conditional uses in the RR Rural Residential, RR-T2
Rural Residential-Transition District, RR-T1 Rural Residential-Transition
and TC Town Center Districts.
(2)
Access from a public street with safe ingress and egress to the site
must be provided.
(3)
One parking space per teacher/employee on the largest shift, plus
one off-street loading space per six students is required.
(4)
On-site dropoff and pickup for children must be provided.
(5)
Buffer yards shall be 30 feet.
(6)
Hours of operation shall be 6:30 a.m. to 6:30 p.m.
(7)
Operators shall be licensed by the State of New Jersey.
(8)
Nursery schools and day-care centers shall meet all the other requirements
of the zone in which they are located.
D.
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 has 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.
(1)
Permitted as a conditional use in the RR Rural Residential and R1.5
Low Density Residential District.
(2)
Adequate lot area and yard spaces shall be provided.
(3)
Buildings and use cannot adversely affect the residential character
of the neighborhood.
(4)
Adequate parking must be provided.
(5)
Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.
E.
Senior citizens housing.
(1)
Permitted as a conditional use in that area of the R1.5 Low Density
Residential District designated on the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(2)
"Senior citizen housing" is defined as housing for residents aged
55 years or over.
(3)
Standards (maximums).
(a)
Minimum tract size: 50 acres.
(b)
Maximum gross density: 3.0.
(c)
Open space ratio: 0.35.
(d)
Impervious surface ratio: 0.30.
(e)
Parking: 2.0 spaces per unit.
(f)
Height: 2.5 stories or 35 feet.
(g)
Unit types permitted may include detached, semiattached and
multifamily units, provided that there shall not be greater than 40%
multifamily units.
(h)
A minimum of 150 housing units shall be provided.
(4)
The development shall meet the following additional conditions:
(a)
The development shall connect to and provide for the construction
of the loop road designated on the Township Master Plan.
(b)
A minimum of 75% of all dwelling units shall have access to
common open space.
(c)
All considerations of cluster residential development option
shall be satisfied.
(d)
Phasing plan. 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.
F.
Service stations.
(1)
Permitted as a conditional use.
(2)
Vehicular entrances and exits shall be clearly visible from the highway
or street upon which such use is located and shall be in accordance
with the NJDOT Access Code § 16:47-3.8[2] regarding the minimum distance from a commercial driveway
to an intersection; and further provided that all gasoline filling
pumps and air pumps shall be located at least 100 feet from any street
right-of-way line or proposed future street right-of-way line as shown
in the adopted traffic circulation plan.
[2]
Editor's Note: See N.J.A.C. § 16:47-3.8.
(3)
No part of any service station may be used for residential or sleeping
purposes.
(4)
No service station shall be located within a 200-foot radius of any
residential zone boundary measured between the property line and the
boundary of the nearest zone in which residential housing is a permitted
use.
(5)
All lifts, appliances, pits, storage areas, trash facilities and
greasing equipment other than gasoline filling pumps or air pumps
shall be located within an enclosed building.
(6)
No gasoline, air or oil pump, and no other service appliances installed
for use in connection with any service station, shall be so installed
or located within 50 feet of any side or rear lot line.
(7)
No junked motor vehicle or boat or part thereof or any unlicensed
or unregistered motor vehicle shall be permitted on the premises of
any service station. However, any motor vehicle awaiting repair may
be located on the premises, provided that the vehicle shall be located
in the rear or side yard and shall be screened from view with landscaping
and a fence such that no stored vehicle shall be visible from the
front of the premises or from any adjacent premises or from the road
providing access to the facility. Fences, berms or landscaping forming
a 100% visually impervious screen shall be required.
(8)
The exterior display and parking of motor vehicles, trailers, boats
or other similar equipment for sale purposes shall not be permitted
as part of a service station.
(9)
No parking of vehicles shall be permitted on unpaved area.
(10)
Landscaping shall be provided in the front, side and rear yard
area. The front yard shall be landscaped, within the area with a minimum
depth of 25 feet from the right-of-way.
(11)
For the purposes of this subsection, body and mechanical repair
shops shall be considered as service stations except that all outside
work, parking or storage areas shall be enclosed with a masonry wall
and landscaped.
(12)
The application submitted for approval of a service station
as a conditional use shall show, in addition to the exact location
and dimensions of all aboveground structures, including gasoline pumps,
the exact locations, dimensions, capacities and depths below the surface
of any tanks to be installed and the specifications for the construction
of tanks for the prevention of groundwater contamination.
(13)
Where other development is to include a service station as an accessory use, such service station shall be developed in a manner compatible with the development of the remainder of the tract and any adjacent properties. The land to be devoted to such service station shall be retained under single ownership with the remainder of the tract, and a means of access shall be provided to the service station from within the tract. The Board shall find that sufficient buffering is provided and that the design and orientation of buildings, signs and lighting are compatible with adjoining properties and with the remainder of the tract. The provisions of Article V shall also apply.
G.
Motels.
(1)
Permitted as a conditional use.
(2)
Any motel that may be constructed on a lot or parcel of land must
contain a minimum of at least 100 units of accommodation, exclusive
of a permanent, on-site superintendent's living quarters. The minimum
number of units of accommodation in any single building shall be 10.
(3)
Each unit of accommodation shall contain a minimum floor area of
250 square feet.
(4)
Each unit of accommodation shall include a minimum of two rooms:
a bedroom and a separate bathroom which affords privacy to a person
within the room and which is equipped with a toilet, a wash basin
and a bathtub and shower, all properly connected to a water and sewer
system, and no unit shall contain any cooking facilities whatsoever.
(5)
There shall be a residency limitation on all guests of a maximum
of 30 days. The foregoing residency limitation shall not apply to
an employee living on the premises. Any party who has resided at the
motel as a guest for 20 days or more who resumes residency again within
30 days of the termination of this residency and remains as a guest
for more than 10 days shall be in violation of this section, as will
the motel permitting said resumption of residency.
(6)
All units shall be connected to approved and functioning public water
and sanitary sewer systems prior to the issuance of a certificate
of occupancy.
(7)
The site shall be extensively landscaped.
H.
Car washes.
(1)
Permitted as a conditional use in the OW District.
(2)
All activities must be conducted within a totally enclosed building.
(3)
Drainage from inside the building(s) shall feed into a sanitary sewer
system. No dry well or septic tank will be permitted in connection
with this use.
(4)
This use shall not include a self-service or coin-operated car wash
area in any form.
(5)
The site shall be extensively landscaped.
I.
Public utility uses.
(1)
Permitted as a conditional use in all districts except the VC District.
(2)
For purposes of this chapter, the term "public utility uses" shall
include such uses as telephone dial equipment centers, power substations,
water, sewer, and other public utility services, but shall not include
service or storage yards, landfills, storage and/or disposal of hazardous
waste and similar nonessential uses.
(3)
The proposed installation in a specific location shall be necessary
for the satisfactory provision of service by the utility to the neighborhood
or area in which the particular use is to be located.
(4)
The design of any building in connection with such facilities must
conform to the general character of the area and not adversely affect
the safe, comfortable enjoyment of property rights in the zone in
which such building is located.
(5)
Adequate fences and other safety devices shall be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of New Jersey Board of Public Utility
Commissioners and the National Electrical Safety Code 74 in effect
at the time of construction.
(6)
Sufficient landscaping, including shrubs, trees and lawn, shall be
provided and periodically maintained to provide a 100% visually impervious
screen/buffer.
(7)
Adequate off-street parking shall be provided.
(8)
All of the area, yard, building coverage and height requirements
of the respective zone shall be met.
J.
Residential cluster development.
(1)
Permitted as a conditional use in the RR-T1 District.
(2)
A minimum tract size of 20 acres shall be required.
(3)
The maximum number of residential cluster lots permitted shall not
be greater than the number of lots which would be achieved on the
tract by a conforming conventional residential development on lots
having a minimum area of 43,560 square feet.
(4)
An achievable conventional lot layout prepared in accordance with the RR-T1 District requirements for conventional development on one-acre lots (see § 142-61K) 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 yield, by the Land Use Board, the applicant shall utilize the accepted lot yield for the cluster development.
(6)
All dwelling units shall be connected to public sanitary sewer and
water systems. The developer shall arrange for the necessary approvals
and the extension of sewer and water service to the site at no cost
to the Township.
(7)
No dwelling unit shall front on an arterial or collector road.
(9)
The maximum density for a residential cluster in the RR-T1 District
shall be one unit per acre.
(13)
Minimum requirements for principal building:
(a)
Lot area: 25,000 square feet.
[1]
All lots shall provide a usable contiguous development area
for residential uses. The minimum usable contiguous development area
shall be equal to or greater than 11,000 square feet. At least 8,000
square feet shall be located within the required setbacks of the minimum
yards required for locating a principal building. The usable contiguous
development area within the setbacks shall be of such dimensions that
a circle of not less than 60 feet in diameter can be scribed within
it. The usable contiguous development area shall not include lands
which are within an existing one-hundred-year floodplain, wetlands,
required wetlands transition areas, or lands which have slopes of
15% or greater.
[2]
Environmentally sensitive site features shall be conserved to
the maximum practical extent by locating development and site disturbance
within the usable contiguous development area.
(b)
Lot frontage: 125 feet.
(c)
Lot width: 125 feet.
(d)
Lot depth: 150 feet.
(e)
Front yard: 50 feet.
(f)
Side yard: 25 feet.
(g)
Rear yard: 40 feet.
(16)
Variable lot size option.
(a)
In order to promote flexibility, economy, and environmental soundness in the layout and design of an RR-T1 residential cluster, the Land Use Board may approve a design which varies the lot sizes in the cluster based upon the average lot area. Permission to use a variable lot size design shall be at the discretion of the Land Use Board. Where the Board permits a variable lot size cluster design, the maximum number of lots shall not be greater than the number of lots which would be achieved on the tract by a conforming conventional residential development as specified in Subsection J(3) above.
(b)
The variable lot size cluster design shall meet the following
requirements:
[1]
The average area of all the residential lots within the residential
cluster shall not be less than 25,000 square feet.
[3]
Up to 50% of the lots may be less than 25,000 square feet, provided
they meet the following minimum lot requirements for principal building:
[a]
Lot area: 20,000 square feet. A lot shall include
usable contiguous development area that renders the lot suitable for
its intended purposes. Not less than 11,000 square feet of usable
contiguous development area shall be provided. At least 6,200 square
feet shall be located within the required setbacks of the minimum
yards required for locating a principal building. The usable contiguous
development area within the required setbacks shall be of such dimensions
that a circle of not less than 60 feet in diameter can be scribed
within it. All developments shall be designed to minimize disturbance
of environmentally sensitive features by locating development and
site disturbance within the usable contiguous development area to
the greatest extent practicable. An applicant may be required to submit
alternative designs to demonstrate that such disturbance has been
minimized. The usable contiguous development area shall not be located
on lands which are within an existing one-hundred-year floodplain,
wetlands (except where filling is authorized by a general or individual
permit issued by the NJDEP pursuant to the New Jersey Freshwater Wetlands
Protection Act[3]), required wetlands transition areas or lands which have
slopes of 15% or greater.
[3]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
[b]
Lot frontage: 115 feet.
[c]
Lot width: 115 feet.
[d]
Lot depth: 150 feet.
[e]
Front yard: 50 feet.
[f]
Side yard: 20 feet.
[g]
Rear yard: 40 feet.
K.
Area and yard requirements for conventional development.
(1)
Permitted as a conditional use in the RR-T1 District.
(2)
All dwelling units shall be connected to public sanitary sewer and
water systems. The developer shall arrange for the necessary approvals
and the extension of sewer and water service to the site at no cost
to the Township.
(3)
The maximum density for conventional development in the RR-T1 District
shall be one unit per acre.
(4)
No dwelling unit shall front on an arterial or collector road.
(5)
Minimum requirements for principal buildings:
(a)
Lot area: one acre (43,560 square feet).
[1]
All lots shall provide a usable contiguous development area
that renders the lot suitable for its intended purposes. The minimum
usable contiguous development area shall be equal to or greater than
11,000 square feet and shall be located within the required setbacks
of the minimum yards required for locating principal and accessory
buildings. The usable contiguous development area within the setbacks
shall be of such dimensions that a circle of not less than 60 feet
in diameter can be scribed within it. The usable contiguous development
area shall not include lands which are within an existing one-hundred-year
floodplain, wetlands, wetlands transition areas, or lands which have
slopes of 15% or greater.
[2]
Environmentally sensitive site features shall be conserved to
the maximum practical extent by locating development and site disturbance
within usable contiguous development area.
(b)
Lot frontage: 200 feet.
(c)
Lot width: 200 feet.
(d)
Lot depth: 175 feet.
(e)
Side yard, each: 35 feet.
(f)
Front yard: 60 feet.
(g)
Rear yard: 50 feet.
L.
Single-family residences.
(1)
Single-family residences are permitted as a conditional use in the
PCD District.
(2)
The premises was previously used as a single-family detached dwelling,
which was lawfully constructed on the lot prior to November 1, 1996.
M.
House of worship, Sunday school buildings and parish houses.
(1)
When a house of worship is less than 3,000 square feet:
(a)
The minimum lot area shall be two acres.
(b)
All buildings shall conform to the maximum height standard for
the zone.
(c)
The applicant shall submit a list of proposed activities, anticipated
participants and a timetable reflecting the hours in which each building
will be in use so that parking requirements can be determined.
(d)
No parking shall be permitted between any right-of-way line
and the front yard requirement of the zone in which the structures
are proposed to be located.
(2)
When the proposed house of worship is larger than 3,000 square feet:
(a)
The minimum lot area shall be five acres.
(b)
The property shall have direct access to State Highway Route
33 or State Highway Route 130 or within a planned commercial park
with direct access to State Highway Route 130 or State Highway Route
33.
(c)
All buildings shall conform to the maximum height standard for
the zone.
(d)
The proposed facility shall be serviced by public sewer and
public water.
(e)
The applicant shall submit a list of proposed activities, anticipated
participants and a timetable reflecting the hours in which each building
will be in use so that parking requirements can be determined.
(f)
No parking shall be permitted between any right-of-way line
and the front yard requirement of the zone in which the structures
are proposed to be located.
(3)
Regardless of the size, the house of worship shall have sufficient
parking for the intended use. Such structure shall be located so as
to conform with the setbacks established for the district.
Q.
Parking
in the airport zone.
(1)
Parking of Class 2, Class 3, Class 4, Class 5, Class 6, and Class
7 vehicles as such are defined by the New Jersey Department of Transportation
shall be permitted on Lot 10, Block 28, subject to the following conditions:
(a)
Class 2, Class 3, Class 4, Class 5, Class 6, and Class 7 vehicles
as such are defined by the New Jersey Department of Transportation
are permitted. The parking of any other vehicle type is strictly prohibited.
(c)
There shall be no overnight sleeping arrangements provided on
the property, and no overnight sleeping shall be permitted in any
of the vehicles parked on the property.
(d)
Site plan approval by the Planning Board shall be required for
the parking area. Parking area design shall be in accordance with:
(e)
Any use, structure or activity of any kind shall be undertaken pursuant to this subsection unless in full conformance with the applicable regulations of § 142-28, AS&AH Air Safety and Air Hazard Zone.
(f)
Deviations or departures from any of the aforementioned conditions
shall require variance relief under N.J.S.A. 40:55D-70(d)(3).
A.
Zoning permit required. No temporary use shall be established unless
a zoning permit evidencing the compliance of such use with the provisions
of this section and other applicable provisions of this chapter shall
have first been issued by the Zoning Officer.
C.
Temporary uses permitted. The following are temporary uses which
are permitted subject to the following specific regulations and standards,
in addition to the other requirements specified in this chapter:
(1)
Contractor's office and construction equipment sheds.
(2)
Real estate sales office.
(a)
Permitted in any district for any new subdivision approved in
accordance with Township subdivision regulations. The office may not
contain sleeping or cooking accommodations. A model home may be used
as a temporary sales office.
(b)
Maximum length of permit shall be one year.
(c)
Office shall be removed upon completion of the development of
the subdivision.
(4)
Temporary shelter.
(a)
When fire or natural disaster has rendered a single-family residence
unfit for human habitation, the temporary use of a mobile home located
on the single-family lot during rehabilitation of the original residence
or construction of a new residence is permitted subject to the following
additional regulations.
(b)
Required water and sanitary facilities shall be provided.
(c)
Maximum length of permit shall be six months. The permit may
be renewed for a period not to exceed 60 days in the event of circumstances
beyond the control of the owner. Application for the extension shall
be made at least 15 days prior to expiration of the original permit.
Any structure located on a corner lot shall be set back from both streets at least the required front yard distance(s) but in no case less than the required distance(s) formed by the sight triangles specified in § 142-36.
Roof structures for the housing of stairways, tanks, ventilating
fans, air-conditioning equipment or similar equipment required to
operate and maintain the building, and attached antennas, skylights,
spires, belfries, domes not occupied or intended to be occupied by
humans, cupolas, flagpoles, chimneys, water tanks or similar structures
may be erected above the height limits prescribed by this chapter
for each zone district except that in no case shall the maximum height
of any structure exceed 55 feet. Farm silos shall have no height restrictions.
However, nothing in this section shall be construed to obstruct the
application of the Federal Aviation Regulation, Part 77, regarding
height restrictions in airport runway approach and departure zones
and other protective imaginary surfaces.
