[Amended 11-12-2013 by Ord. No. 13-07]
A.
Zoning permit.
(1)
Permit required. No building or other structure shall be erected,
moved, added to or structurally altered and no lot shall be cleared,
graded or otherwise prepared for an open land use without a proper
use permit, conditional use permit or certificate of occupancy being
issued therefor by the Zoning Officer. No zoning permit shall be issued
unless the proposed use or structure is in conformity with the provisions
of this chapter, except upon written order of the Planning Board.
(2)
Permit duration. Unless the use is commenced, lot cleared and graded,
structure erected within one year from the date of the issuance of
the permit or prior to a zoning change affecting the issuance of the
permit, whichever occurs first, the permit shall be deemed void and
of no effect. However, nothing shall prevent requesting the issuance
of another permit which would then be evaluated in accordance with
the existing land use regulations at the time application for said
zoning permit is submitted.
B.
No building shall hereafter be used, erected, altered, converted,
enlarged, added to, moved or reduced, wholly or in part, nor shall
any lands be designed, used or physically altered for any purpose
or in any manner except in conformity with this chapter.
C.
When a lot is formed from part of a lot already occupied by a building,
any 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.
D.
No open space provided around any principal building for the purpose
of complying with the front, side and/or rear yard provisions of this
chapter shall be considered as providing the yard provisions for another
principal building.
E.
Model buildings containing dwelling units (one or more) of the type
permitted and approved to be sold are permitted subject to Planning
Board approval. A model building may be freestanding or combined with
a sales center, with the garage portion of a model building used as
the sales center, provided that the garage must be converted to its
automobile storage function prior to the conveyances of the combined
model building/sales center to a purchaser and that any temporary
accommodation, such as modified landscaping or walkways, must be removed
and restored as otherwise approved by the Planning Board. A model
building may receive a temporary certificate of occupancy, provided
that all toilet facilities within that portion of a model building
not approved to be used as a sales center shall not be functional
and shall be labeled "Display Only: Do Not Use."
[Added 4-25-2011 by Ord. No. 11-06]
A.
Purpose. The purpose of this section is to govern the installation
of certain renewable energy systems in all zones and to provide an
opportunity for and promote the safe, effective and efficient use
of wind energy and solar energy systems while substantially minimizing
the potential negative impacts that these systems may create on surrounding
properties. All energy systems require approval from the Zoning Officer
and Construction Office prior to installation.
(1)
Solar or photovoltaic (roof and ground mounted) systems are
permitted as an accessory use on the same lot as the principal use
in all districts. One small wind energy system is permitted as an
accessory use/structure on the same lot as the principal use in the
Planned Light Industrial (PLI) and Agricultural Retention (AR-1 and
AR-2) Districts. These systems main purpose is to generate energy
to satisfy all or a portion of the energy requirements associated
with the on-site dwelling(s) or business(es), rather than for sale
back into the electrical grid system. This provision shall not be
interpreted to prohibit the sale of excess power generated from time
to time from a solar or wind energy system that is designed to meet
the energy needs of the principal use.
(2)
All roof-mounted solar systems will be considered as accessory
systems regardless of their generation capacity.
(3)
Accessory ground-mounted solar systems on conforming residential
lots that occupy an area less than 1,200 square feet (including the
aggregate area of multiple systems) that comply with all screening
and setback requirements shall require construction and use permits,
but may not require site plan approval.
(4)
Ground-mounted solar systems that occupy an area between 1,200
square feet and less than one acre (including the aggregate area of
multiple systems) shall require the appropriate site plan approvals
prior to obtaining a zoning permit.
(5)
Ground-mounted solar systems that occupy an area larger than
one acre (including the aggregate area of multiple systems) shall
submit the information listed on Checklist 4[1] for a renewable energy power plant and require the appropriate
site plan approvals prior to obtaining a zoning permit.
[1]
Editor's Note: Checklist 4 is included at the end of this chapter.
(6)
Accessory systems setback. Ground-mounted solar systems that
do not require site plan approval shall meet the minimum accessory
building setback standards for the district in which they are proposed
or 25 feet, whichever is greater. Ordinance buffer standards may require
increased minimum setbacks on certain properties. Setbacks shall be
measured from the property line to closest part of the system that
may include but is not limited to the panel, inverters, and support
structure.
(7)
Wind and solar systems should be designed so that tree removal
is not required or minimized. Any trees to be removed for the energy
system shall be accompanied by a plan demonstrating the need to remove
the trees and the replacement of the trees.
(8)
Principal system setback. Principal permitted solar and wind
energy systems setbacks shall be in accordance with the principal
building setback standards for the district in which they are proposed.
(9)
Where principal solar and small wind energy systems are proposed,
in addition to meeting other requirements, the agricultural buffer
requirements of this chapter, as appropriate, shall apply.
(10)
The design of solar or wind energy systems shall, to the maximum
extent practicable, use materials, colors, textures, shades, screening
and landscaping that will blend into the natural setting and existing
environment.
(11)
Ground areas beneath energy facilities should not be covered
with stone. Ground areas under panels shall be maintained in a vegetative
cover to prevent soil erosion, mowed on a regular basis (if needed)
and managed to prevent the growth and spread of weeds or other invasive
species. A seed mixture of native, noninvasive shade tolerant grasses
is the recommended for use under panels.
(12)
All new electrical transmission lines associated with the installation
of a solar or wind energy system shall be located underground, unless
the local electric public utility requires they be installed on existing
utility poles.
(13)
Any ground-mounted mechanical equipment associated with and
necessary for operation, including a building for batteries and storage
cells, shall be enclosed with a six-foot high fence, if the entire
site is not enclosed with a fence.
(14)
Solar or wind energy systems installed on, within or above a
stormwater management facility, parking lot, sign structure or any
other type of freestanding structure not specifically considered a
"roof" by the Construction Official shall be considered a ground-mounted
system.
(15)
Glare. Solar and wind energy systems shall not direct glare
towards any surrounding property.
(16)
Solar and wind energy systems shall be constructed in such a
manner so that exposed hardware, supporting structures, frames and
piping are finished with nonreflective surfaces.
(17)
Solar or wind energy systems shall not be used for displaying
any advertising. Reasonable identification of the manufacturer and/or
operator of the system is permitted using text that does not exceed
a height of two inches. Hazard and/or warning signs pertinent to the
electrical nature of the equipment shall also be permitted.
(18)
A ground-mounted solar or wind energy system installed on a
site containing a nonconforming structure or use shall be considered
an expansion of the nonconforming structure or use.
(19)
Roof-mounted systems shall not be permitted to be installed
on temporary buildings.
(20)
Solar ground-mounted system height shall be measured from the
ground level adjacent to the support structure to the highest point
of the system, which includes any adjustable or moveable parts that
may at any point in time extend above or beyond the fixed portion
of the system.
(21)
Front yards. Solar and wind energy systems shall not be located
in a designated front yard or forward of the building line containing
the front door of any principal building, unless otherwise permitted
by applicable zoning district regulations.
(22)
Lot cover. Solar panel area, ground-mounted systems: The total
solar panel area, along with the nonpervious surface area of any appurtenant
facilities, shall be used for the purpose of calculating lot and/or
building coverage, and the installation shall not result in a coverage
percentage which exceeds the maximum percentage permitted for the
district in which they are located. Panels located within stormwater
basins, parking areas and other nonpervious surfaces may be excluded
from coverage calculations with Board approval.
(23)
Even though the surface of a solar panel shall not be considered to be impervious for the purpose of calculating stormwater runoff, the Township Engineer or reviewing board engineer, as applicable, may require the submission of stormwater calculations and/or improvements if, in his/her sole discretion, the installation of the ground-mounted system will create a potential impact to the on-site or off-site drainage or increase stormwater runoff from the predevelopment condition. Any disturbance or additional impervious surfaces required for the installation of a ground-mounted system, to include all appurtenant facilities, which qualify as "major development" with respect to stormwater management as defined by § 145-34.1 of the Township Code, shall submit a site development stormwater management report as outlined in § 145-34.1C.
(24)
No portion of the solar or wind system shall extend into any
public road right-of-way, unless written permission is granted by
the government entity having jurisdiction.
(25)
No portion of the solar or wind system shall extend beyond any
overhead utility lines, unless written permission is granted by the
utility company that owns and/or controls said lines. Separation between
the system and electrical transmission lines shall be provided in
accordance with utility company requirements.
(26)
Notwithstanding the provisions set forth herein, the installation
of any solar or wind energy system shall require a use permit and
all applicable construction permits and its design shall conform to
all applicable prevailing codes, standards and ordinances, including,
but not limited to, the State Uniform Construction Code (UCC), National
Electric Code (NEC) and Federal Aviation Administration (FAA) requirements.
(27)
The installation of a solar or wind energy system is subject
to local electric public utility requirements for interconnection
to the electrical distribution system. All interconnections shall
comply with the applicable regulations established by the agency having
jurisdiction.
(28)
Towers (small wind energy systems).
(a)
Only one accessory small wind energy system shall be permitted
per property within the Planned Light Industrial (PLI) and Agricultural
Retention (AR-1 and AR-2) Zone Districts. All guy wires and any part
of the energy system shall be located on the same lot as the tower
and turbine.
(b)
Wind energy system height. The height of the system shall be
measured from the ground level adjacent to the tower to the highest
point of the system, which includes the wind generator and any adjustable
or moveable parts that may at any point in time extend above or beyond
the fixed portion of the system. For systems not mounted on the ground,
the vertical distance from the base of the tower to ground level shall
be added to the height of the tower for the purpose of calculating
the height of the system.
(c)
Minimum setback. Any tower structure required for a wind energy
system shall be set back, as measured from the base of the tower,
a distance at least equal to 120% of the system height from any adjoining
lot line, provided that this distance is no closer to an adjoining
lot line than the building setback applicable to the zoning district
in which the tower is located. In addition to meeting the requirements
above, accessory small wind energy systems should be set back as appropriate
from other on-site buildings and structures to allow for system maintenance
and repairs.
(d)
Towers that meet the requirements of this section should be
set back 350 feet from any municipal boundary, residential zone district
line, residential use, school site, or recreation site.
(e)
Appurtenant/accessory support structures, equipment and guy
wires must satisfy the minimum zoning district setbacks for the zoning
district in which the tower is located or 50 feet, whichever is greater.
Ordinance buffer standards may require increased minimum setbacks
on certain properties. Setbacks shall be measured from the property
line to closest part of the system.
(f)
Towers shall not be artificially lighted, unless required by
the FAA or other authority having jurisdiction. If lighting is required,
the lighting shall be focused and shielded to cause the least impact
to adjacent and nearby properties and shall not exceed 0.1 footcandles
at a height of five feet above the property line. The applicant shall
provide to the reviewing board all applicable FAA standards regarding
lighting that may apply to a proposed tower.
(g)
Towers shall be designed and installed so as to not provide
any publicly accessible means to climb said tower, for a minimum height
of 12 feet above the ground level or it shall be enclosed by a security
fence with a lockable gate at the maximum height permitted in the
zone district in which the tower is located.
(h)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(i)
Any moving part shall be located at least 12 feet above ground
level.
(j)
The blades of the system shall be constructed of corrosive resistant
material.
(k)
Noise generated by a wind energy system shall not exceed 55
decibels as measured at the property line of the lot on which the
system is located. This standard may be exceeded only during short-term
events such as utility outages and severe wind storms.
(l)
Meteorological towers designed and intended to support the gathering
of wind energy resource data shall also be governed by the provisions
of this section.
(m)
Nothing within this section shall be construed as to permit
a tower that has been constructed in conjunction with an approved
wind energy system to also be utilized for another use, including
but not limited to a cellular communications or radio tower.
(29)
Abandonment. Any solar or wind energy system that is not operated
for its intended and approved purpose for a continuous period of 12
months shall be considered abandoned, and the owner of such system
shall remove the same within 180 days of receipt of notice from the
Township by personal service or certified mail notifying the owner
of such abandonment. Failure to remove an abandoned solar or wind
energy system within said 180 days shall be grounds for the Township
to remove the system at the owner's expense.
B.
Accessory solar standards (roof and ground mounted) to govern installations
in all zones.
(1)
Roof-mounted accessory solar systems all districts. Roof-mounted
systems which satisfy the provisions set forth herein shall require
construction and use permits, but may not require site plan approval.
If, in the opinion of the Zoning Officer, the installation of the
solar energy system does not satisfy the provisions of this section,
he/she shall direct the applicant to file a site plan or variance
application with the reviewing board having jurisdiction. Said application
for development or appeal shall comply with the appropriate notice
and hearing provisions otherwise required for the application or appeal
pursuant to the "Municipal Land Use Law," P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.).
(a)
Residential districts. Roof-mounted systems on principal or
accessory buildings shall not be more than one foot higher than the
finished roof to which it is mounted.
(b)
Agricultural, commercial and industrial districts. Roof-mounted
systems on principal or accessory buildings shall not be more than
three feet higher than the finished roof to which it is mounted. However,
the reviewing board may permit the system to be mounted at a greater
height if the applicant can demonstrate that no part of the system
will be visible from any roadway or adjacent residential use or district.
(c)
In no instance shall any part of the system extend beyond any
edge of the roof or exceed the height requirement of the zone in which
it is located, whether located on a principal or accessory structure.
(2)
Ground-mounted accessory solar systems all districts.
(a)
Maximum accessory system height all districts: seven feet.
(b)
Front yards. Solar systems shall not be located in a designated
front yard or forward of the building line containing the front door
of any principal building, unless otherwise permitted by applicable
zoning district regulations.
(c)
Residential districts. A ground-mounted system installed on
a conforming residential lot which satisfies the provisions set forth
herein shall require construction and use permits, but may not require
site plan approval. If, in the opinion of the Zoning Officer, the
installation of the solar energy system does not satisfy the provisions
of this section, he/she shall direct the applicant to file a variance
application. Said application for development or appeal shall comply
with the appropriate notice and hearing provisions otherwise required
for the application or appeal pursuant to the "Municipal Land Use
Law," P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
[1]
Accessory ground-mounted solar systems on conforming
residential lots that occupy an area less than 1,200 square feet (including
the aggregate area of multiple systems) that comply with all screening
and setback requirements shall require construction and use permits,
but may not require site plan approval.
[a]
Accessory systems setback. Ground-mounted solar
systems that do not require site plan approval shall meet the minimum
accessory building setback standards for the district in which they
are proposed or 25 feet, whichever is greater.
[b]
A combination of landscape plantings and solid
fencing shall be provided to buffer and restrict views of the accessory
ground-mounted system. The screen should be provided around the system
or along property lines sufficient to screen views of the system from
neighboring properties and roadways.
[c]
The landscape screen should be comprised of a minimum
one native tree and two native shrubs for each 15 linear feet of area
to be screened. The minimum height of the screening shall be seven
feet when installed.
[2]
Accessory ground-mounted solar systems that occupy
an area between 1,200 square feet and less than one acre (including
the aggregate area of multiple systems) shall require the appropriate
site plan approvals.
[a]
Minimum system setback front, side and rear or
an adjacent residential use: 300 feet.
[b]
A fifty-foot wide screen of evergreen and deciduous
plantings combined with solid fencing shall be provided around the
entire installation to buffer and restrict views of the system. The
screen may be provided around the system or along property lines.
The screen design should include a multidimensional (multiple rows
of vegetation of varying heights and species) landscape plan. The
minimum height of the screening shall be seven feet when installed.
[3]
Accessory ground-mounted solar systems that occupy
an area one acre or larger (including the aggregate area of multiple
systems) shall submit the information listed on Checklist 4[2] for a renewable energy power plant and require the appropriate
site plan approvals.
[a]
Minimum system setback front, side and rear or
an adjacent residential use: 400 feet.
[b]
A seventy-five-foot wide screen of evergreen and
deciduous plantings combined with solid fencing shall be provided
around the entire installation to buffer and restrict views of the
system. The screen may be provided around the system or along property
lines. The screen design should include a multidimensional (multiple
rows of vegetation of varying heights and species) landscape plan.
The minimum height of the screening shall be seven feet when installed.
[2]
Editor's Note: Checklist 4 is included at the end of this chapter.
(d)
Agricultural, commercial, and industrial districts. A ground-mounted
system installed on a nonresidential lot shall require a site plan
application with the reviewing board having jurisdiction. Said application
for development or appeal shall comply with the appropriate notice
and hearing provisions otherwise required for the application or appeal
pursuant to the "Municipal Land Use Law," P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.).
[1]
Accessory system minimum setbacks and screening:
[a]
Accessory ground-mounted solar systems that occupy
an area less than 1,200 square feet shall meet the minimum accessory
building setback standards for the district in which they are proposed
or 25 feet, whichever is greater.
[b]
A combination of landscape plantings and solid
fencing shall be provided to buffer and restrict views of the accessory
ground-mounted system. The screen should be provided around the system
or along property lines sufficient to screen views of the system from
neighboring properties and roadways. The landscape screen should be
comprised of a minimum one native tree and two native shrubs for each
15 linear feet of area to be screened. The minimum height of the screening
shall be seven feet when installed.
[c]
Accessory ground-mounted systems that occupy an
area between 1,200 square feet and less than one acre (including the
aggregate area of multiple systems) shall meet the following minimum
setbacks:
[i]
Minimum system setback front, side and rear: 150
feet.
[ii]
Minimum setback to an adjacent residential use
or district: 300 feet.
[iii]
A fifty-foot wide screen of evergreen and deciduous
plantings combined with solid fencing shall be provided around the
entire installation to buffer and restrict views of the system. The
screen may be provided around the system or along property lines.
The screen design should include a multidimensional (multiple rows
of vegetation of varying heights and species) landscape plan. The
minimum height of the screening shall be seven feet when installed.
[d]
Accessory ground-mounted systems that occupy an
area one acre or larger (including the aggregate area of multiple
systems) shall submit the information listed on Checklist 4 for a
renewable energy power plant and meet the following minimum setbacks:
[e]
Minimum setback front, side and rear: 300 feet.
[f]
Minimum setback to an adjacent residential use
or district: 400 feet.
[g]
A seventy-five-foot wide screen of evergreen and
deciduous plantings combined with solid fencing shall be provided
around the entire installation to buffer and restrict views of the
system. The screen may be provided around the system or along property
lines. The screen design should include a multidimensional (multiple
rows of vegetation of varying heights and species) landscape plan.
The minimum height of the screening shall be seven feet when installed.
C.
Accessory small wind energy system standards to govern installations
in the Agricultural Retention (AR-1 and AR-2) and Planned Light Industrial
(PLI) Zones.
(1)
Wind energy systems installed in all districts shall meet the
definition of a "small wind energy system" in the "Municipal Land
Use Law," P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). In the case
of a small wind energy system, an auxiliary energy system may be employed
to supplement the output provided by the small wind energy system
and to provide for the total energy demand should the small wind energy
system become inoperable. An accessory small wind energy system installed
on a conforming lot zoned PLI, AR-1 or AR-2 which satisfies the provisions
set forth herein shall require construction and use permits, but may
not require site plan approval. If, in the opinion of the Zoning Officer,
the installation of the system does not satisfy the provisions of
this section, he/she shall direct the applicant to file a variance
application. Said application for development or appeal shall comply
with the appropriate notice and hearing provisions otherwise required
for the application or appeal pursuant to the "Municipal Land Use
Law," P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(2)
One accessory small wind energy system shall be permitted per
property within the Planned Light Industrial (PLI) and Agricultural
Retention (AR-1 and AR-2) Zones. All guy wires and any part of the
energy system shall be located on the same lot as the tower and turbine.
(3)
Maximum height. Freestanding wind energy systems shall not exceed
a height of 80 feet on lots between six acres and 20 acres. On lots
larger than 20 acres a maximum height of 150 feet is permitted. The
maximum height shall include the height of the blades at its highest
point.
A.
Principal permitted uses on the land and in buildings
shall be as follows:
(1)
Educational activities, including the operation of
public and private day schools of elementary and/or high school grades
licensed by the State of New Jersey.
(2)
Municipal and county buildings, other governmental
offices and other public purpose uses.
(3)
Public open space, public parks, public recreation
and conservation areas.
(4)
Public libraries and other public, civic and cultural
uses.
B.
Accessory uses permitted shall be as follows:
(4)
Public and private garages and storage buildings.
C.
Maximum building height. No principal building shall exceed 50 feet in height and three stories, and no accessory building shall exceed 35 feet in height and two stories, except as allowed in § 145-39 of this chapter.
D.
Area and yard requirements.
(1)
The minimum lot size shall be five acres in area,
and the minimum lot width and lot depth shall each be 400 feet.
[Amended 7-12-2005 by Ord. No. 05-09; 7-10-2007 by Ord. No.
07-10]
(2)
No principal permitted use or structure shall be situated
within 50 feet of any street line or rear lot line and 25 feet of
any side lot line. No accessory use or structure shall be situated
within 25 feet of any lot line and shall be located in the side or
rear yard area only.
(3)
The maximum building coverage shall be 35%.
(4)
The maximum lot coverage shall be 60%.
E.
General requirements.
(1)
All building walls facing any street or residential
district line shall be suitably finished for aesthetic purposes.
(2)
No merchandise, products, equipment or similar material
or objects shall be displayed or stored outside, and all solid waste
not stored within a building shall be stored within an enclosed container.
Adequate provisions for recycling shall be provided.
(3)
All area not utilized for buildings, parking, loading,
access aisles and driveways or pedestrian walkways shall be suitably
landscaped with shrubs, ground cover, seeding or plantings and maintained
in good condition.
(4)
No wall or fence shall be erected or altered so that said wall or fence shall be over four feet in height in front yards and six feet in height in side and rear yards, except that schools, playgrounds and parks may erect security fences to control ingress and egress, and said fence shall be no more than 10 feet in height and shall be constructed of open chain link. See § 145-25 for additional standards.
F.
Minimum off-street parking. Each individual use shall
provide parking spaces according to the following minimum provisions.
Where a permitted use of land includes different specific activities
with different specific parking requirements, the total number of
required parking spaces shall be obtained by individually computing
the parking requirements for each different activity and adding the
resulting numbers together.
(1)
Libraries shall provide one space per 300 square feet
of gross floor area.
(2)
Elementary schools (Grades K-6) shall provide one
space per employee; intermediate schools (Grades 7-9) shall provide
1.5 spaces per employee; secondary schools (Grades 10-12) shall provide
2.5 spaces per employee; and in all cases sufficient space for school
bus loading and unloading shall be provided.
(3)
Community or recreation centers shall provide a minimum
of 20 spaces plus one space per every 250 square feet of gross floor
area used for office space.
(4)
Parking for all other uses shall be determined at
the time of site plan review.
G.
Permitted signs. Each individual use in an individual
building may have one sign per street frontage, either freestanding
or attached to the building, not exceeding an area equivalent to 10%
of the wall surface area of the wall on which the sign is attached
or 50 square feet for freestanding signs. Freestanding signs shall
be set back at least 10 feet from any street line and 25 feet from
any property line. Where an individual activity has direct access
from the outside, an unlighted sign not exceeding four square feet
identifying the name of the activity also may be attached to the building
at the entrance to the activity.
[Amended 3-11-2003 by Ord. No. 0211; 7-12-2005 by Ord. No.
05-09; 3-12-2007 by Ord. No. 07-03; 7-10-2007 by Ord. No. 07-10; 10-13-2009 by Ord. No. 09-09]
A.
Intent. The purposes of the AR Districts are as follows:
(1)
To preserve large contiguous tracts of land and thereby establish
a suitable context for a viable agricultural industry. While low-density
residential development is permitted, it is clearly secondary to the
intent of the AR Districts. Any residential development in the AR
District must be designed to mitigate any impacts on adjacent farms.
(2)
To protect areas of the Township with productive agricultural soils
for continued or future agricultural use by conserving blocks of land
large enough to allow for efficient farm operations and to protect
the viability of the agricultural industry in the Township;
(3)
To conserve open land, including those areas containing unique and
sensitive natural features, such as woodlands, steep slopes, streams,
floodplains and wetlands, by setting them aside from development;
(4)
To conserve open land, including those areas containing unique and
sensitive natural features, such as woodlands, steep slopes, streams,
floodplains and wetlands, by setting them aside from development;
(5)
To provide greater design flexibility and efficiency in the siting
of services and infrastructure, including the opportunity to reduce
length of roads, utility runs, and the amount of paving required for
residential development;
(6)
To reduce erosion and sedimentation by the retention of existing
vegetation and the minimization of development on steep slopes;
(7)
To provide for a diversity of lot sizes, building densities, and
housing choices to accommodate a variety of age and income groups,
and residential preferences, so that the community's population diversity
may be maintained;
(8)
To implement adopted municipal policies to conserve a variety of
irreplaceable and environmentally sensitive resource lands as set
forth in the Township's Conservation and Open Space Plan, including
provisions for reasonable incentives to create a greenway system for
the benefit of present and future residents;
(9)
To implement adopted land use, transportation, and community policies,
as identified in the Township's Master Plan;
(10)
To create neighborhoods with direct visual access to open land,
with amenities in the form of neighborhood open space, and with a
strong neighborhood identity;
(11)
To provide for the conservation and maintenance of open land
within the municipality to achieve the above-mentioned goals and for
active or passive recreational use by residents;
(12)
To provide multiple options for landowners in order to minimize
impacts on environmental resources (sensitive lands such as wetlands,
floodplain, and steep slopes) and disturbance of natural or cultural
features (such as mature woodlands, hedgerows and tree lines, critical
wildlife habitats, historic buildings, and fieldstone walls);
(13)
To provide standards reflecting the varying circumstances and
interests of individual landowners, and the individual characteristics
of their properties; and
(14)
To conserve scenic views and elements of the Township's rural
character, and to minimize perceived density by minimizing views of
new development from existing roads.
B.
Principal permitted uses on the land and in buildings shall be as
follows:
(4)
Detached single-family dwelling units.
(5)
Churches.
(6)
Commercial stables and riding academies.
(7)
Conservation design cluster options in accordance with the provisions
of this chapter.
(8)
Public playgrounds, public conservation areas, public parks and public purpose uses. (See § 145-16 for standards.)
C.
Accessory uses permitted shall be as follows:
(1)
Private residential swimming pools (see § 145-36 for standards), private tennis courts and other usual recreational facilities customarily associated with residential dwelling units.
(2)
Private residential sheds (PRS) for the storage of objects owned by the residents of the property (see 145-8, Definitions, for additional information). For the purpose of this subsection feet, "standard shed" means any PRS up to 15 feet in height and 150 square feet in area; "oversize shed" means any PRS that exceeds the size of a standard shed. The Zoning bulk regulations for building coverage, lot coverage, accessory building setbacks, and ordinance §§ 145-8 and 145-23, in addition to other applicable ordinance requirements, must be met for all the options below.
[Amended 12-13-2011 by Ord. No. 11-09; 2-25-2014 by Ord. No. 14-02; 6-10-2014 by Ord. No. 14-04]
(b)
Lot area larger than 1.0 acre but less than 2.0 acres; Option
A or B:
[1]
Option A: multiple standard sheds.
[2]
Option B: oversized shed option. A property that selects this
option is permitted to have up to 450 square feet of PRS space on
site that may be shared between a maximum of two PRS that may be different
sizes. No oversized shed shall exceed 300 square feet in area. (For
example, one oversized shed 300 square feet in area plus a second
standard shed 150 square feet in area or two oversized sheds each
225 square feet in area or or two oversized sheds, one 200 square
feet in area and the other 250 square feet in area.) Oversized sheds
that are either 300 square feet in area and/or exceed 15 feet in height
must comply with the principal building side and rear yard setback
requirements.
(c)
Lot area larger than 2.0 acres but less than 3.0 acres; Option
A or B:
[1]
Option A: multiple standard sheds.
[2]
Option B: oversized shed option. A property that selects this option is permitted to have up to 1,380 square feet of PRS space on site that may be shared between a maximum of two PRS that may be different sizes. No oversized shed shall exceed 1,080 square feet in area. See the example in Subsection C(2)(b)[2] above. Oversized sheds that exceed either 300 square feet in area and/or exceed 15 feet in height must comply with the principal building side and rear yard setback requirements.
(d)
Lot area larger than 3.0 acres; Option A or B:
[1]
Option A: multiple standard sheds.
[2]
Option B: oversized shed option. A property that selects this option is permitted to have up to 1,800 square feet of PRS space on site that may be shared between a maximum of two PRS that may be different sizes. No oversized shed shall exceed 1,500 square feet in area. See the example in Subsection C(2)(b)[2] above. Oversized sheds that exceed either 300 square feet in area and/or exceed 15 feet in height must comply with the principal building side and rear yard setback requirements.
(7)
Satellite dish antennae as conditional uses under N.J.S.A. 40:55D-67. (See § 145-38 for standards.)
(9)
Temporary construction trailers and one sign not exceeding 20 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 construction permit and concluding
with the issuance of a certificate of occupancy or one year, whichever
is less, provided that said trailer(s) and sign are on the site where
the construction is taking place, are not on any existing or proposed
street or easement and are set back at least 30 feet from all street
and lot lines. There shall be at least one working telephone in the
trailer.
D.
Maximum building height. No building shall exceed 45 feet in height and three stories, except that no dwelling units shall exceed 35 feet in height and 2.5 stories, and except further as allowed in § 145-39 of this chapter.
E.
Area and yard requirements shall be as follows:
[Amended 12-13-2011 by Ord. No. 11-09]
|
AR Zone Bulk Regulations
| |||||
|---|---|---|---|---|---|
|
Standard
|
Unit
|
Detached Dwelling Unit*
|
Detached Dwelling Unit**
(Major Subdivision Along Collector Road)
|
Commercial Stables, Riding Academies and Churches
| |
|
Principal Building (minimum)
| |||||
|
Lot area
|
Acres
|
2.0
|
3.0
|
4.0
| |
|
Lot frontage
|
Feet
|
200
|
250
|
300
| |
|
Lot width
|
Feet
|
200
|
250
|
300
| |
|
Lot depth
|
Feet
|
300
|
350
|
300
| |
|
Side yard, each
|
Feet
|
40
|
50
|
75
| |
|
Front yard
|
Feet
|
75
|
100
|
75
| |
|
Rear yard
|
Feet
|
75
|
75
|
100
| |
|
Accessory Building (minimum)
| |||||
|
Distance to side line
|
Feet
|
30
|
40
|
40
| |
|
Distance to rear line
|
Feet
|
30
|
50
|
50
| |
|
Distance to other building
|
Feet
|
20
|
40
|
40
| |
|
Coverage (maximum)
| |||||
|
Building coverage
|
Percent
|
7%
|
7%
|
10%
| |
|
Lot coverage
|
Percent
|
9%
|
9%
|
15%
| |
|
NOTES:
| ||
|---|---|---|
|
*
|
Detached dwelling units fronting on local residential streets
shall adhere to these bulk standards.
| |
|
**
|
Detached dwelling units fronting on Township collector roads,
all county roads, and all state highways shall adhere to these bulk
standards. Reverse frontage or marginal access roads may be required
for all major subdivisions fronting on Township collector roads, all
county roads, and all state highways.
| |
|
***
|
Agricultural buffers are excluded from lot area and setback
requirements.
| |
F.
Conservation design cluster options. Due to the limitations of conventional
land development ordinances in achieving these purposes, cluster options
using the conservation design process are available for tracts of
land with more than 20 acres in the AR District. The objective of
the cluster options is to allow greater flexibility in land development
practices while preserving common open space for the use and enjoyment
of the future residents of that development or preserving productive
farmland for the benefit of the community.
(1)
All land development applications involving more than 20 acres of
land in the AR District are encouraged to follow the conservation
design cluster option process.
[Amended 12-13-2011 by Ord. No. 11-09]
(2)
All applicants that intend to pursue the conservation design cluster
options shall indicate their intention to do so when the application
is initially submitted. If an applicant chooses to change from a conventional
subdivision application to a cluster option application, a new major
subdivision application shall be submitted.
G.
Cluster subdivision options. Two cluster options are provided in
the AR District based on tract size. Under either option, at least
50% of the lands within the AR District must be set aside for common
open space or for preserved farmland, or both. The cluster options
are summarized below:
(1)
Basic conservation option. This option provides for the clustering
of residential development rights based on a yield plan utilizing
the conventional AR Zoning District standards with no change in overall
density. The basic conservation option provides for the clustering
of residences on smaller lots with the remainder of the land to be
permanently set aside as common open space or preserved farmland.
(2)
Enhanced conservation option. The enhanced conservation option may
be utilized by tracts having at least 100 acres in the AR District.
Because of the size of the tract, a density incentive is provided.
|
Summary Table of Options
| |||
|---|---|---|---|
|
Regulation
|
Basic Conservation Option
|
Enhanced Conservation Option
| |
|
Minimum tract size
|
20 acres
|
100 acres
| |
|
Density
|
Overall density is determined by a lot yield plan based on AR
District regulations
|
Base density is determined by a lot yield plan based on AR District
regulations with two additional development rights being provided
for every 25 acres of land in the AR District (for example, a tract
of land with 150 acres of land in the AR District would have four
additional development rights over and above the base density determined
by the lot yield plan)
| |
|
Average lot size
|
43,560 square feet/du or 1.0 acre
|
40,000 square feet/du or 0.9 acre
| |
|
Average lot width
|
125 feet
|
125 feet
| |
|
Minimum lot size
|
21,780 square feet/du or 0.5 acre
|
21,780 square feet/du or 0.5 acre
| |
|
Minimum lot width
|
100 feet
|
100 feet
| |
|
Minimum open space
|
50%
|
50%
| |
H.
General regulations. The design of all cluster subdivisions in the
AR District shall be governed by the following minimum standards:
(1)
Ownership. The tract of land that is the subject of the cluster development
may be held in single and separate ownership or in multiple ownership.
However, when a tract is held in multiple ownership, it shall be planned
as a single entity with common authority and common responsibility.
(2)
Site suitability. The developer shall demonstrate that the tract
is suitable for the proposed development in terms of tract size and
configuration, environmental sensitivity, and conformance with septic
system design regulations. Developers may locate septic systems on
common open space with proper covenants and restrictions, if permitted
by regulatory authorities. The Planning Board shall have the ability
to determine that the tract is not suitable for the proposed cluster
development based on specific findings of fact.
[Amended 6-11-2013 by Ord. No. 13-04]
(3)
Intersections and access. New intersections with existing public
roads shall be minimized. Although two accessways into and out of
subdivisions containing more than 15 dwellings are generally required
for safety, proposals for more than two entrances onto public roads
shall be discouraged if they would unnecessarily disrupt traffic flow.
(4)
Sensitive area disturbance. The proposed design shall strictly minimize
disturbance of environmentally sensitive areas, including floodplains,
wetlands, wetland buffers, Category One water buffers, and steep slopes
in excess of 25%.
I.
Area and yard requirements for cluster options shall be as follows:
(1)
Density. The gross density of the cluster development is determined through the yield plan described in § 145-17J. below.
(2)
Minimum required conservation design open space lands. The subdivision
must include at least 50% of the gross tract area that is within the
AR District as conservation design open space lands. Open space lands
shall not be counted toward minimum lot size nor used in any way for
residential lots.
(3)
Minimum lot size: 1/2 acre (21,780 square feet) or the minimum lot
size required to conform to the regulations for individual on-site
subsurface disposal systems. Developers may locate septic systems
within common open space areas, with proper covenants and restrictions,
if approved by regulatory authorities (County Health Department or
NJDEP).
(4)
Average lot size: one acre (43,560 square feet) for the basic conservation
option; 40,000 square feet for the enhanced conservation option.
(5)
Minimum lot width: 100 feet for minimum lot size (1/2 acre); 125
feet for all lots of 40,000 square feet or more.
(6)
Minimum street frontage: 75% of minimum lot width.
(8)
Maximum lot/building coverage. As specified in sliding scale table
below:
|
Lot Size
(square feet)
|
Lot Coverage
|
Building Coverage
| |
|---|---|---|---|
|
20,000 to 30,000
|
12%
|
16%
| |
|
30,000 to 40,000
|
10%
|
14%
| |
|
40,000 to 50,000
|
8%
|
12%
| |
|
50,000 plus
|
6%
|
10%
|
J.
Base density determination. The base density of the cluster options shall be determined based on a lot yield plan that utilizes the bulk standards specified in the AR Zoning District regulations. The base density shall be the maximum number of permitted dwelling units under the basic conservation option. The enhanced conservation option provides a density bonus to the base density as stipulated in Subsection G of this section. Yield plans shall meet the following requirements:
(1)
Yield plans must be prepared as conceptual layout plans in accordance
with the AR District standards and contain proposed lots, streets,
rights-of-way, stormwater basins, and other pertinent features. The
yield plan must be drawn to scale and must be a realistic layout reflecting
a development pattern that could actually be built, under AR District
regulations and recognizing the presence of wetlands, floodplains,
steep slopes, existing easements or encumbrances, and the suitability
of soils for subsurface sewage disposal.
(2)
Yield plans should also reflect the dimensional standards referenced
in the AR District standards of 87,120 square feet lots (two acres)
lots, or 130,680 square feet lots (three acres) when lots front on
collector roads, county roads, and state highways.[1]
[1]
Editor’s Note: Former Subsection J(3), concerning conformity
with the nitrate dilution model and design regulations for individual
septic systems, which immediately followed this subsection, was repealed
6-11-2013 by Ord. No. 13-04.
K.
Design standards for cluster option subdivisions.
(1)
Principal and accessory buildings shall not encroach upon primary
conservation areas and shall respect secondary conservation areas
to the extent feasible.
(2)
All new dwellings shall meet the following setback requirements:
(3)
The views of the proposed residential dwellings from exterior roads
and abutting properties shall be minimized by the use of changes in
topography, existing vegetation, or additional landscaping.
(4)
The proposed dwelling units shall be accessed from interior streets,
rather than from frontage roads, except if the provision of an internal
street is not practical or will encroach upon primary or secondary
conservation areas.
(5)
At least three-quarters of the lots shall directly abut or face the
conservation design open space across a street, except when a landscaped
berm is used for the agricultural buffer.
L.
Minimum off-street parking. Each individual use shall provide parking
spaces according to the following minimum provisions. Driveways serving
more than one dwelling unit are prohibited in single-family detached
dwelling unit residential developments. No parking area or driveway
shall be located within 10 feet of any property line.
(1)
Detached dwelling units shall provide two spaces per unit.
(2)
Churches shall provide one space per every four permanent seats.
(One seat shall be considered 22 inches in calculating the capacity
of pews or benches.)
(3)
Parking for all other uses shall be determined at the time of site
plan review.
M.
Permitted signs shall be as follows:
(1)
Detached dwelling units: information and direction signs as defined in § 145-34A(5).
(2)
Churches, commercial stables and riding academies: one freestanding
sign not exceeding 15 square feet in area, 10 feet in height and set
back at least 10 feet from all street lines and at least 50 feet from
all property lines, plus one attached sign not exceeding eight square
feet in area.
(4)
Farms. See § 145-34A(16) for standards.
N.
Home occupations.
(1)
Such occupation may be pursued in the principal dwelling unit structure
or in one or more secondary buildings which are accessory to such
principal dwelling unit structure.
(2)
The use of the property for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than 20% of the gross floor area of all
buildings shall be used in the conduct of the home occupation.
(3)
No person other than members of the household residing on the premises
plus one outside employee or other assistant shall be engaged in the
occupation.
(4)
The residential character of the lot and building shall not be changed,
no occupational sounds shall be audible outside the building and no
equipment shall be used which will cause interference with radio or
television reception in neighboring residences. No display of products
shall be visible from the street, nor shall any materials be stored
outside the dwelling unit.
(5)
The home occupation shall not generate the business or care of more
than two clients at any one time and shall be by appointment only.
The home occupation shall not include the breeding, raising, care,
boarding or maintenance of animals.
(6)
The home occupation shall not necessitate the need to park more than
two vehicles at any time in addition to those ordinarily used by the
residents of the home. Said vehicles shall be limited to passenger
automobiles and must be parked off-street. The home occupation shall
not reduce the parking or yard requirements of the dwelling. There
may be parked on the premises not more than one vehicle owned or operated
in conjunction with the home occupation. No other vehicle(s) owned
or operated in conjunction with the home occupation shall be parked
overnight, stored or repaired, either on- or off-premises, within
a residential zone, and no such vehicle(s) shall be parked overnight
or stored on a street.
(7)
There shall be not exterior evidence of the home occupation other than one unlighted nameplate identifying the home occupation only by name, title or hours of operation, not exceeding four square feet in area, either attached or freestanding and set back at least 10 feet from all street rights-of-way and property lines. See § 145-34 for additional standards.
O.
Recreation. Recreation areas shall be provided for residential subdivisions in accordance with the requirements in § 145-42A of this chapter.
P.
Agricultural buffer. The agricultural buffer requirements of this
section apply to any land development within or adjacent to the AR
District. The required buffer shall be exclusive of the minimum lot
size requirement. The purpose of the agricultural buffer is to protect
properties where agricultural operations exist and/or have the potential
to occur on lots five acres or more in size. The buffer requirements
of this section as applied to the applicants property do not apply
along development tract boundaries where both the following two conditions
occur: 1) the neighboring use is not an agricultural use; and 2) the
neighboring lot is less than five acres in size. This standard is
not intended to be applied between adjacent agricultural properties.
Agricultural buffers should be provided on the applicants' property
along the development tract boundary adjacent neighboring lots where
agricultural operations exist and/or have the potential to occur on
lots five acres or more in size in accordance with the following criteria:
[Amended 12-13-2011 by Ord. No. 11-10]
(1)
Minimum agricultural buffer width: 150 feet. If the buffer is not
landscaped, no less than 50 feet of the buffer measured from the boundary
of the land development tract must be left undisturbed and allowed
to revert through the natural succession process.
(a)
No landscaping within buffer: 150 feet.
(b)
Buffer reduction options. The Board may grant a reduction in
the width of the agricultural buffer if the buffer area is appropriately
designed to provide an effective visual and dust barrier which may
include a combination of landscaping, berms and fencing or walls.
[1]
Option 1. If the buffer area contains appropriate screening
planting with coniferous and deciduous plants, the buffer width may
be reduced to 100 feet.
[2]
Option 2. If a landscaped berm is provided averaging five feet
in height and is intensively planted with coniferous and deciduous
plants, the buffer width may be reduced to 75 feet.
(2)
Buffer activities. The only structures permitted within the agricultural
buffer are fences, walls, and accessory structures. Structural and
nonstructural stormwater management facilities may be located within
the agricultural buffer only if the Planning Board determines that
the facilities do not detract from the effectiveness of the buffer.
(3)
Filter strip. In the event that an adjacent farm drains onto the
land development tract or the land development tract will drain onto
the farm after development, a filter strip shall be provided within
the buffer to control the velocity and quality of the sheet drainage.
(4)
Existing vegetation. Existing trees, hedgerows, and vegetation shall
be considered in determining the appropriate width of the agricultural
buffer, provided that the existing vegetation will be preserved and/or
supplemented. The removal of trees within the buffer shall only be
permitted when a landscaping plan showing adequate replacement planting
is provided.
(5)
Deed restrictions. The agricultural buffers shall be preserved by
deed restrictions drawn in favor of Pilesgrove Township to ensure
that the Township has the right to enforce the deed restriction. The
deed restrictions may be terminated at the request of an owner when
it is demonstrated that the adjacent land has not been used for active
agricultural use for a period of at least three years.
[Amended 3-11-2003 by Ord. No. 0211; 7-12-2005 by Ord. No.
05-09; 7-10-2007 by Ord. No. 07-10; 10-13-2009 by Ord. No. 09-09]
A.
Intent. The purposes of the RR District are as follows:
(1)
To preserve the rural and agricultural character of the Township
by permitting very low-density residential development that is compatible
with the rural character of the Township and with the complex physical
characteristics of this district.
(2)
To protect areas of the municipality with productive agricultural
soils for continued or future agricultural use by conserving blocks
of land large enough to allow for efficient farm operations and to
protect the viability of the agricultural industry in the Township.
(3)
To conserve open land, including those areas containing unique and
sensitive natural features, such as woodlands, steep slopes, streams,
floodplains and wetlands, by setting them aside from development;
(4)
To provide greater design flexibility and efficiency in the siting
of services and infrastructure, including the opportunity to reduce
length of roads, utility runs, and the amount of paving required for
residential development;
(5)
To reduce erosion and sedimentation by the retention of existing
vegetation and the minimization of development on steep slopes;
(6)
To provide for a diversity of lot sizes, building densities, and
housing choices to accommodate a variety of age and income groups,
and residential preferences, so that the community's population diversity
may be maintained;
(7)
To implement adopted municipal policies to conserve a variety of
irreplaceable and environmentally sensitive resource lands as set
forth in the Conservation and Open Space Plan, including provisions
for reasonable incentives to create a greenway system for the benefit
of present and future residents;
(8)
To implement adopted land use, transportation, and community policies,
as identified in the Master Plan;
(9)
To create neighborhoods with direct visual access to open land, with
amenities in the form of neighborhood open space, and with a strong
neighborhood identity.
(10)
To provide for the conservation and maintenance of open land
within the municipality to achieve the above-mentioned goals and for
active or passive recreational use by residents;
(11)
To provide multiple options for landowners in order to minimize
impacts on environmental resources (sensitive lands such as wetlands,
floodplain, and steep slopes) and disturbance of natural or cultural
features (such as mature woodlands, hedgerows and tree lines, critical
wildlife habitats, historic buildings, and fieldstone walls);
(12)
To provide standards reflecting the varying circumstances and
interests of individual landowners, and the individual characteristics
of their properties; and
(13)
To conserve scenic views and elements of the municipality's
rural character and to minimize perceived density by minimizing views
of new development from existing roads.
B.
Principal permitted uses on the land and in buildings shall be as
follows:
(4)
Detached single-family dwelling units.
(5)
Public playgrounds, public conservation areas, public parks, public open space and public purposes uses. (See § 145-16 for standards.)
(6)
Churches.
(9)
Commercial equine stables and equestrian facilities, horse-riding academy, including equestrian-related businesses that utilize permitted on-site equines such as equine therapy, horseback riding lessons and horse rental. Provided that the use and associated facilities are located on a tract of land at least 4.0 acres in size, does not include retail sales, and are restricted to no more than one nonhousehold animal on site for the first two acres of land, and one additional acre of land is required for each additional nonhousehold animal. One detached dwelling unit may be located on the same tract, provided that the lot complies with the applicable ordinance standards (§ 145-18E).
[Added 12-29-2015 by Ord.
No. 15-08]
C.
Accessory uses permitted shall be as follows:
(1)
Private residential swimming pools (see § 145-36 for standards), private tennis courts and other usual recreational facilities customarily associated with residential dwelling units.
(2)
Private residential sheds (PRS) for the storage of objects owned by the residents of the property (see 145-8, Definitions, for additional information). For the purpose of this subsection feet, "standard shed" means any PRS up to 15 feet in height and 150 square feet in area; "oversize shed" means any PRS that exceeds the size of a standard shed. The Zoning bulk regulations for building coverage, lot coverage, accessory building setbacks, and ordinance §§ 145-8 and 145-23, in addition to other applicable ordinance requirements, must be met for all the options below.
[Amended 12-13-2011 by Ord. No. 11-09; 2-25-2014 by Ord. No. 14-02]
(b)
Lot area larger than 1.0 acre but less than 2.0 acres; Option
A or B:
[1]
Option A: multiple standard sheds.
[2]
Option B: oversized shed option. A property that selects this
option is permitted to have up to 450 square feet of PRS space on
site that may be shared between a maximum of two PRS that may be different
sizes. No oversized shed shall exceed 300 square feet in area. (For
example, one oversized shed 300 square feet in area plus a second
standard shed 150 square feet in area or two oversized sheds each
225 square feet in area or or two oversized sheds, one 200 square
feet in area and the other 250 square feet in area.) Oversized sheds
that are either 300 square feet in area and/or exceed 15 feet in height
must comply with the principal building side and rear yard setback
requirements.
(c)
Lot area larger than 2.0 acres but less than 3.0 acres; Option
A or B:
[1]
Option A: multiple standard sheds.
[2]
Option B: oversized shed option. A property that selects this option is permitted to have up to 1,380 square feet of PRS space on site that may be shared between a maximum of two PRS that may be different sizes. No oversized shed shall exceed 1,080 square feet in area. See the example in Subsection C(2)(b)[2] above. Oversized sheds that exceed either 300 square feet in area and/or exceed 15 feet in height must comply with the principal building side and rear yard setback requirements.
(d)
Lot area larger than 3.0 acres; Option A or B:
[1]
Option A: multiple standard sheds.
[2]
Option B: oversized shed option. A property that selects this option is permitted to have up to 1,800 square feet of PRS space on site that may be shared between a maximum of two PRS that may be different sizes. No oversized shed shall exceed 1,500 square feet in area. See the example in Subsection C(2)(b)[2] above. Oversized sheds that exceed either 300 square feet in area and/or exceed 15 feet in height must comply with the principal building side and rear yard setback requirements.
(7)
Satellite dish antennae as conditional uses under N.J.S.A. 40:55D-67. (See § 145-38 for standards.)
(9)
Temporary construction trailers and one sign not exceeding 20 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 construction permit and concluding
with the issuance of a certificate of occupancy or one year, whichever
is less, provided that said trailer(s) and sign are on the site where
the construction is taking place, are not on any existing or proposed
street or easement and are set back at least 30 feet from all street
and lot lines. There shall be at least one working telephone in the
trailer.
(11)
Equine barns and equine shelters (that are not afforded protection under right-to-farm) accessory to a commercial equine stable or equestrian facility which is used in connection with the storage of feed and equipment and is necessary to house and care for the equine living on the property. (Note: equine barns and equine shelters are not considered private residential sheds. Manure storage and composting areas are not exempt from the ordinance application requirements, § 145-55A).
[Added 12-29-2015 by Ord.
No. 15-08]
D.
Maximum building height. No principal building shall exceed 35 feet in height and 2.5 stories, and no accessory building shall exceed 25 feet in height and two stories, except that churches shall not exceed 50 feet, and except further as allowed in § 145-39 of this chapter.
E.
Area and yard requirements for conventional land development in the
RR District shall be as follows:
[Amended 12-13-2011 by Ord. No. 11-09]
|
RR Zone Bulk Regulations
| |||||
|---|---|---|---|---|---|
|
Standard
|
Unit
|
Detached Dwelling Unit
|
Detached Dwelling Unit
(Major Subdivision Along Collector Road)
|
Churches, Commercial Stables and Equestrian Facilities
| |
|
Principal Building (minimum)
| |||||
|
Lot area
|
Acres
|
2.0
|
3.0
|
4.0
| |
|
Lot frontage
|
Feet
|
200
|
250
|
300
| |
|
Lot width
|
Feet
|
200
|
250
|
300
| |
|
Lot depth
|
Feet
|
300
|
350
|
300
| |
|
Side yard, each
|
Feet
|
40
|
50
|
75
| |
|
Front yard
|
Feet
|
75
|
100
|
75
| |
|
Rear yard
|
Feet
|
75
|
75
|
100
| |
|
Accessory Building (minimum)*
| |||||
|
Distance to side line
|
Feet
|
30
|
40
|
40
| |
|
Distance to rear line
|
Feet
|
30
|
50
|
50
| |
|
Distance to other building
|
Feet
|
20
|
40
|
40
| |
|
Coverage (maximum)
| |||||
|
Building coverage
|
Percent
|
7%
|
7%
|
10%
| |
|
Lot coverage
|
Percent
|
9%
|
9%
|
15%
| |
|
NOTES:
| |
|---|---|
|
* Equine barns and equine shelters (that are not afforded protection
under right to farm) accessory to a commercial equine stable or equestrian
facility shall be set back at least 150 feet from a neighboring residential
dwelling. Equine barns and equine shelters are to be included in the
calculation of permitted maximum building and lot coverage.
|
F.
Conservation design development options. Due to the limitations of
conventional land development ordinances in achieving these purposes,
land development options using the conservation design process are
available for tracts of land with more than 12 acres in the RR District.
The objective of the development options is to allow greater flexibility
in land development practices while preserving common open space for
the use and enjoyment of the future residents of that development
or preserving productive farmland for community planning benefits.
(1)
All land development applications involving more than 12 acres of
land in the RR District are encouraged to follow conservation design
cluster option process.
[Amended 12-13-2011 by Ord. No. 11-09]
(2)
All applicants that intend to pursue the conservation design cluster
options shall indicate their intention to do so when the application
is initially submitted. If an applicant chooses to change from a conventional
subdivision application to a conservation design option application,
a new major subdivision application shall be submitted.
G.
Cluster subdivision options. Three development options are provided
in the RR District based on tract size. Under the two cluster options,
at least 50% of the lands within the RR District must be set aside
for common open space or for preserved farmland or both. The development
options are summarized below:
(1)
Basic conservation option. This option provides for the clustering
of residential development rights based on a yield plan utilizing
the conventional RR Zoning District standards with no change in overall
density. The basic conservation option provides for the clustering
of residences on smaller lots with the remainder of the land be permanently
set aside as common open space or preserved farmland.
(2)
Enhanced conservation option. The enhanced conservation option may
be utilized by tracts having at least 100 acres in the RR District.
(3)
Country estates conservation option. The country estates option provides
for very low densities appropriate to rural situations, with flexible
and reduced design standards in instances where a permanent conservation
easement is offered to maintain such uses.
(4)
Summary table of development options.
|
Regulation
|
Basic Conservation Option
|
Enhanced Conservation Option
|
Country Estates Option
| |
|---|---|---|---|---|
|
Minimum tract size
|
12 acres
|
100 acres
|
12 acres
| |
|
Density
|
Overall density is determined by a lot yield plan based on RR
District regulations
|
Base density is determined by a lot yield plan based on RR District
regulations with two additional development rights being provided
for every 25 acres of land in the RR District
| ||
|
Maximum lot size
|
56,628 square feet/du or 1.3 acres
|
56,628 square feet/du or 1.3 acres
|
10 acres
| |
|
Minimum lot width
|
150 feet
|
150 feet
| ||
|
Average lot size
|
43,560 square feet/du or 1.0 acre
|
40,000 square feet/du or 0.9 acre
|
6 acres
| |
|
Average lot width
|
125 feet
|
125 feet
| ||
|
Minimum lot size
|
21,780 square feet/du or 0.5 acre
|
21,780 square feet/du or 0.5 acre
|
3 acres
| |
|
Minimum lot width
|
100 feet
|
100 feet
| ||
|
Minimum open space
|
50%
|
50%
|
N/A
|
H.
General regulations. The design of all cluster subdivisions in the
RR District shall be governed by the following minimum standards:
(1)
Ownership. The tract of land may be held in single and separate ownership
or in multiple ownership. However, when a tract is held in multiple
ownership, it shall be planned as a single entity with common authority
and common responsibility.
(2)
Site suitability. The developer shall demonstrate that the tract
is suitable for the proposed development in terms of tract size and
configuration, environmental sensitivity, and conformance with septic
system design regulations. Developers may place septic systems on
common open space with proper covenants and restrictions, if permitted
by regulatory authorities. The Planning Board shall have the ability
to determine that the tract is not suitable for the proposed cluster
development based on specific findings of fact.
[Amended 6-11-2013 by Ord. No. 13-04]
(3)
Intersections and access. New intersections with existing public
roads shall be minimized. Although two means of access for subdivisions
containing more than 15 dwellings are generally required for safety,
proposals for more than two entrances onto public roads shall be discouraged
if they would unnecessarily disrupt traffic flow.
(4)
Sensitive area disturbance. The proposed design shall strictly minimize
disturbance of environmentally sensitive areas including, floodplains,
wetlands, wetland buffers, Category one water buffers and steep slopes.
I.
Area and yard requirements for cluster options shall be as follows:
(1)
Density. The gross density of the cluster development is determined through the yield plan described in § 145-18K below.
(2)
Minimum required conservation design open space lands. The subdivision
must include at least 50% of the gross tract area that is within the
RR District as conservation design open space lands. Open space lands
shall not be counted toward minimum lot size nor used in any way for
residential lots.
(3)
Minimum lot size: 1/2 acre (21,780 square feet) or the minimum lot
size required to conform to the regulations for individual on-site
subsurface disposal systems. The Township will support an application
by the developer to locate septic systems within common open space
areas with proper covenants and restrictions.
(4)
Average lot size: 43,560 square feet for the basic conservation option;
40,000 square feet for the enhanced conservation option.
(5)
Minimum lot width: 80 feet for minimum lot size (1/2 acre); 100 feet
for lots of 40,000 square feet or more.
(6)
Minimum street frontage: 75% of minimum lot width.
(8)
Maximum lot/building coverage. As specified in sliding scale table
below:
|
Lot Size
(square feet)
|
Lot Coverage
|
Building Coverage
| |
|---|---|---|---|
|
20,000 to 30,000
|
12%
|
16%
| |
|
30,000 to 40,000
|
10%
|
14%
| |
|
40,000 to 50,000
|
8%
|
12%
| |
|
50,000 plus
|
6%
|
10%
|
J.
Area and yard requirements for country estates option shall be as
follows:
(1)
Maximum density: one dwelling unit per six acres of land within RR
District
(2)
Minimum lot area: three acres.
(3)
Average lot size: six acres.
(4)
Minimum lot width: 300 feet.
(6)
Maximum impervious coverage: 4%.
(7)
Subdivision restriction. All lots in a country estates subdivision
must be permanently restricted from future subdivisions by conservation
easements.
K.
Base density determination. The base density of the cluster options shall be determined based on a lot yield plan that utilizes the bulk standards specified in the RR District regulations. The base density shall be the maximum number of permitted dwelling units under the basic conservation option. The enhanced conservation option provides a density bonus to the base density as stipulated in Subsection G of this section. Yield plans shall meet the following requirements:
(1)
Yield plans must be prepared as conceptual layout plans in accordance
with the RR District standards and contain proposed lots, streets,
rights-of-way, and other pertinent features. It must be drawn to scale
and the tract boundaries must be based on a survey to ensure the correct
size of the tract. It must be a realistic layout reflecting a development
pattern that could actually be built based on the district regulations
and recognizing the presence of wetlands, floodplains, steep slopes,
existing easements or encumbrances, and the suitability of soils for
subsurface sewage disposal.
(2)
Yield plans should also reflect the dimensional standards referenced
in the RR District regulations of 87,120-square-foot lots (two acres),
or 130,680-square-foot lots (3 acres) when lots front on collector
roads, county roads, and state highways.
(3)
The yield plan must identify the site's primary and secondary resources,
as identified in the existing conditions plan, and demonstrate that
the primary resources could be successfully absorbed in the development
process without disturbance by allocating this area to proposed single-family
dwelling lots which conform to the density factor of the chosen option.[1]
[1]
Editor’s Note: Former Subsection K(4), concerning conformity
with the nitrate dilution model and design regulations for individual
septic systems, which immediately followed this subsection, was repealed
6-11-2013 by Ord. No. 13-04.
L.
Design standards for cluster option subdivisions.
(1)
Principal and accessory buildings shall not encroach upon primary
conservation areas, and shall respect secondary conservation areas
to the extent feasible.
(2)
All new dwellings shall meet the following setback requirements:
(3)
The views of proposed residential dwellings from exterior roads and
abutting properties shall be minimized by the use of changes in topography,
existing vegetation, or additional buffering and landscaping.
(4)
The proposed dwelling units shall be accessed from interior streets,
rather than from existing frontage roads, except if the provision
of an internal street is not practical or will encroach upon primary
or important conservation areas.
(5)
At least 3/4 of the lots shall directly abut or face open space land
across a street except when a landscaped berm is used for the agricultural
buffer.
M.
Design standards for country estates subdivisions.
(1)
Principal and accessory buildings shall not encroach upon primary
conservation areas and shall respect secondary conservation areas
to the extent feasible.
(2)
All new dwellings shall be at least 200 feet from all tract boundaries.
(3)
The views of proposed residential dwellings from exterior roads and
abutting properties shall be minimized by the use of changes in topography,
existing vegetation, or additional buffering and landscaping.
(4)
Proposed residential dwellings shall be accessed from interior streets,
rather than from frontage roads, except if the provision of an internal
street is not practical or will encroach upon primary conservation
areas.
(5)
The design of the streets in a country estates subdivision will be
significantly different to that of a conventional development due
to the very low density and the restrictions against further subdivision.
The use of rural lanes (18 feet wide) shall be permitted without curbing
to provide land access to the estate lots. Common driveways from the
rural lanes shall also be permitted serving a maximum of three lots.
(6)
The objective with regard to stormwater management for country estates
developments will be to utilize nonstructural measures to the extent
possible. If detention is necessary, it shall be designed to blend
into the rural landscape.
(7)
The design objective of the country estates development option shall
be to minimize disturbance of the tract and maximize the retention
of preexisting features and topography.
N.
Minimum off-street parking. Each individual use shall provide parking
spaces according to the following minimum provisions. No parking area
or driveway shall be located within 10 feet of any property line.
(1)
Detached dwelling units shall provide two spaces per unit.
(2)
Churches shall provide one space per every four permanent seats.
(One seat shall be considered 22 inches in calculating the capacity
of pews or benches.)
(3)
Commercial equine stables, equestrian facilities, and horse riding
academy uses shall provide one space per every equine or non-household
animal permitted onsite (in addition to any required Residential Parking).
For example; four non-household animals permitted onsite would require
a minimum of four parking spaces in addition to any required residential
parking.
[Added 12-29-2015 by Ord.
No. 15-08[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
N(3) as Subsection N(4).
O.
Permitted signs shall be as follows:
(1)
Detached dwelling units: information and direction signs as defined in § 145-34A(5).
(2)
Churches, commercial stables and equestrian facilities: one freestanding
sign not exceeding 15 square feet in area, 10 feet in height and set
back at least 10 feet form all street lines and at least 50 feet from
all property lines, plus one attached sign not exceeding eight square
feet in area.
[Amended 12-29-2015 by Ord. No. 15-08]
P.
Home occupations.
(1)
Such occupation may be pursued in the principal dwelling unit structure
or in one or more secondary buildings which are accessory to such
principal structure.
(2)
The use of the property for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than 20% of the gross floor area of all
buildings shall be used in the conduct of the home occupation.
(3)
No person other than members of the household residing on the premises
plus one outside employee or other assistant shall be engaged in the
occupation.
(4)
The residential character of the lot and building shall not be changed,
no occupational sounds shall be audible outside the building and no
equipment shall be used which will cause interference with radio or
television reception in neighboring residences. No display of products
shall be visible from the street, nor shall any materials be stored
outside the dwelling unit.
(5)
The home occupation shall not generate the business or care of more
than two clients at any one time and shall be by appointment only.
The home occupation shall not include the breeding, raising, care,
boarding or maintenance of animals.
(6)
The home occupation shall not necessitate the need to park more than
two vehicles at any time in addition to those ordinarily used by the
residents of the home. Said vehicles shall be limited to passenger
automobiles and must be parked off street. The home occupation shall
not reduce the parking or yard requirements of the dwelling. There
may be parked on the premises not more than one vehicle owned or operated
in conjunction with the home occupation. No other vehicle(s) owned
or operated in conjunction with the home occupation shall be parked
overnight, stored or repaired, either on- or off-premises, within
a residential zone, and no such vehicle(s) shall be parked overnight
or stored on a street.
(7)
There shall be no exterior evidence of the home occupation other than one unlighted nameplate identifying the home occupation only by name, title or hours of operation, not exceeding four square feet in area, either attached or freestanding and set back at least 10 feet from all street rights-of-way and property lines. See § 145-34 for additional standards.
[Added 7-12-2005 by Ord. No. 05-09;
amended 7-10-2007 by Ord. No. 07-10; 10-13-2009 by Ord. No. 09-09]
A.
Intent. The purposes of the SR District are as follows:
(1)
To preserve the rural and agricultural character of the Township
by permitting very low-density residential development that is compatible
with the rural character of the Township and with the physical characteristics
of this district.
(2)
To protect areas of the municipality with productive agricultural
soils for continued or future agricultural use by conserving blocks
of land large enough to allow for efficient farm operations and to
protect the viability of the agricultural industry in the Township;
(3)
To conserve open land, including those areas containing unique
and sensitive natural features, such as woodlands, steep slopes, streams,
floodplains and wetlands, by setting them aside from development;
(4)
To provide greater design flexibility and efficiency in the
siting of services and infrastructure, including the opportunity to
reduce length of roads, utility runs, and the amount of paving required
for residential development;
(5)
To reduce erosion and sedimentation by the retention of existing
vegetation and the minimization of development on steep slopes;
(6)
To provide for a diversity of lot sizes, building densities,
and housing choices to accommodate a variety of age and income groups,
and residential preferences, so that the community's population diversity
may be maintained;
(7)
To implement adopted municipal policies to conserve a variety
of irreplaceable and environmentally sensitive resource lands as set
forth in the municipality's Conservation and Open Space Plan, including
provisions for reasonable incentives to create a greenway system for
the benefit of present and future residents;
(8)
To implement adopted land use, transportation, and community
policies, as identified in the municipality's Master Plan;
(9)
To create neighborhoods with direct visual access to open land,
with amenities in the form of neighborhood open space, and with a
strong neighborhood identity.
(10)
To provide for the conservation and maintenance of open land
within the municipality to achieve the above-mentioned goals and for
active or passive recreational use by residents;
(11)
To provide multiple options for landowners in order to minimize
impacts on environmental resources (sensitive lands such as wetlands,
floodplain, and steep slopes) and disturbance of natural or cultural
features (such as mature woodlands, hedgerows and tree lines, critical
wildlife habitats, historic buildings, and fieldstone walls);
(12)
To provide standards reflecting the varying circumstances and
interests of individual landowners, and the individual characteristics
of their properties; and
(13)
To conserve scenic views and elements of the municipality's
rural character and to minimize perceived density by minimizing views
of new development from existing roads.
B.
Principal permitted uses on the land and in buildings shall be as
follows:
C.
Accessory uses permitted shall be as follows:
(1)
Private residential swimming pools (see § 145-36 for standards), private tennis courts, and other usual recreational facilities customarily associated with residential dwelling units.
(2)
Private residential sheds (PRS) for the storage of objects owned by the residents of the property (see § 145-8, Definitions, for additional information). For the purpose of this subsection, "standard shed" means any PRS up to 15 feet in height and 150 square feet in area; "oversize shed" means any PRS that exceeds the size of a standard shed. The Zoning bulk regulations for building coverage, lot coverage, accessory building setbacks, and ordinance §§ 145-8 and 145-23, in addition to other applicable ordinance requirements, must be met for all the options below.
[Amended 12-13-2011 by Ord. No. 11-09; 2-25-2014 by Ord. No. 14-02; 6-10-2014 by Ord. No. 14-04]
(b)
Lot area larger than 1.0 acre; Option A or B:
[1]
Option A: multiple standard sheds.
[2]
Option B: oversized shed option. A property that
selects this option is permitted to have up to 450 square feet of
PRS space on site that may be shared between a maximum of two PRS
that may be different sizes. No oversized shed shall exceed 300 square
feet in area. (For example, one oversized shed 300 square feet in
area plus a second Standard shed 150 square feet in area or two oversized
sheds each 225 square feet in area or two oversized sheds, one 200
square feet in area and the other 250 square feet in area.) Oversized
sheds that are either 300 square feet in area and/or exceed 15 feet
in height must comply with the principal building side and rear yard
setback requirements.
(7)
Satellite dish antennae as conditional uses under N.J.S.A. 40:55D 67 (see § 145-38 for standards).
(9)
Temporary construction trailers and one sign not exceeding 20
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 construction permit and concluding
with the issuance of a certificate of occupancy or one year, whichever
is less, provided that said trailer(s) and sign are on the site where
the construction is taking place, are not on any existing or proposed
street or easement and are set back at least 30 feet from all street
and lot lines. There shall be at least one working telephone in the
trailer.
D.
Maximum building height. No principal building shall exceed 35 feet in height and 2.5 stories, and no accessory building shall exceed 25 feet in height and two stories, except that churches shall not exceed 50 feet, and except further as allowed in § 145-39 of this chapter.
E.
Area and yard requirements for conventional land development in the
SR District shall be as follows:
|
SR Zone Bulk Regulations
| ||||
|---|---|---|---|---|
|
Standard
|
Unit
|
Detached Dwelling Unit
|
Churches
| |
|
Principal Building (minimum)
| ||||
|
Lot area
|
Acres
|
1.0
|
4.0
| |
|
Lot frontage
|
Feet
|
150
|
300
| |
|
Lot width
|
Feet
|
150
|
300
| |
|
Lot depth
|
Feet
|
200
|
300
| |
|
Side yard, each
|
Feet
|
30
|
75
| |
|
Front yard
|
Feet
|
50
|
75
| |
|
Rear yard
|
Feet
|
50
|
100
| |
|
Accessory Building (minimum)
| ||||
|
Distance to side line
|
Feet
|
15
|
40
| |
|
Distance to rear line
|
Feet
|
15
|
50
| |
|
Distance to other building
|
Feet
|
20
|
40
| |
|
Coverage (maximum)
| ||||
|
Building coverage
|
Percent
|
8%
|
10%
| |
|
Lot coverage
|
Percent
|
12%
|
15%
| |
F.
Conservation design cluster options. Due to the limitations of conventional
land development ordinances in achieving the stated purposes of this
zoning district, development options using the conservation design
process are available for tracts of land with more than 12 acres in
the SR District. The objective of the development options is to allow
greater flexibility in land development practices while preserving
common open space for the use and enjoyment of the future residents
of that development or preserving productive farmland for community
planning benefits.
(1)
All land development applications involving more than 12 acres
of land in the SR District are encouraged to follow the conservation
design cluster option process.
[Amended 12-13-2011 by Ord. No. 11-09]
(2)
All applicants that intend to pursue the conservation design
cluster options shall indicate their intention to do so when the application
is initially submitted. If an applicant chooses to change from a conventional
subdivision application to a cluster option application, a new major
subdivision application shall be submitted.
G.
Cluster subdivision options. The two development options that are
provided in the SR District are summarized below:
(1)
Basic conservation option. This option provides for the clustering
of residential development rights based on a yield plan utilizing
the conventional SR Zoning District standards with no change in overall
density. The basic conservation option provides for the clustering
of residences on smaller lots with the remainder of the land be permanently
set aside as common open space or preserved farmland.
(2)
Country estates conservation option. The country estates option
provides for very low densities appropriate to rural situations, with
flexible and reduced design standards in instances where a permanent
conservation easement is offered to maintain such uses.
(3)
Summary table of options.
|
Regulation
|
Basic Conservation Option
|
Country Estates Option
| |
|---|---|---|---|
|
Minimum tract size
|
12 acres
|
12 acres
| |
|
Density
|
Determined by lot yield plan
|
6 acres/du
| |
|
Maximum lot size max
Minimum lot width
|
32,670 square feet or 0.75 acre;
115 feet
|
N/A
| |
|
Average lot size
Average lot width
|
21,780 square feet or 0.5 acre;
100 feet wide
|
6 acres; 300 feet wide
| |
|
Minimum lot size
Minimum lot width
|
16,000 square feet/du or 0.37 acre;
75 feet wide
|
3 acres; 300 feet wide
| |
|
Open space
|
50%
|
No common open space, but conservation easements required to
prohibit further subdivision
|
H.
General regulations. The design of subdivisions using the conservation
design options in the SR District shall be governed by the following
minimum standards:
(1)
Ownership. The tract of land may be held in single and separate
ownership or in multiple ownership. However, when a tract is held
in multiple ownership, it shall be planned as a single entity with
common authority and common responsibility.
(2)
Site suitability. The developer shall demonstrate that the tract
is suitable for the proposed development in terms of tract size and
configuration, environmental sensitivity, and conformance with septic
system design regulations. Developers may place septic systems on
common open space with proper covenants and restrictions, if permitted
by regulatory authorities. The Planning Board shall have the ability
to determine that the tract is not suitable for the proposed cluster
development based on specific findings of fact.
[Amended 6-11-2013 by Ord. No. 13-04]
(3)
Intersections and access. New intersections with existing public
roads shall be minimized. Although two accessways into and out of
subdivisions containing more than 15 dwellings are generally required
for safety, proposals for more than two entrances onto public roads
shall be discouraged if they would unnecessarily disrupt traffic flow.
(4)
Sensitive area disturbance. The proposed design shall strictly
minimize disturbance of environmentally sensitive areas, including
floodplains, wetlands, wetland buffers, Category one water buffers
and steep slopes in excess of 25%.
I.
Area and yard requirements for the basic conservation cluster option
shall be as follows:
(2)
Minimum required conservation design open space lands. The subdivision
must include at least 50% of the gross tract area that is within the
SR District as conservation design open space lands. Open space lands
shall not be counted toward minimum lot size nor used in any way for
residential lots.
(3)
Minimum lot sizes: 16,000 square feet or the minimum lot size
required to conform to the regulations for individual on-site subsurface
disposal systems. The Township will support an application by the
developer to locate septic systems within common open space areas
with proper covenants and restrictions.
(4)
Average lot size: 1/2 acre of 21,780 square feet for the basic
conservation option.
(5)
Minimum lot width: 75 feet for minimum lot size (16,000 square
feet); 80 feet for lots of 1/2 acre or more.
(6)
Minimum street frontage: 75% of minimum lot width.
(8)
Maximum impervious coverage: 12% limit on each lot.
(9)
Maximum height regulations: 35 feet.
J.
Area and yard requirements for country estates option shall be as
follows:
(1)
Maximum density: one dwelling unit per six acres of land within
SR District.
(2)
Minimum lot area: three acres.
(3)
Average lot size: six acres.
(4)
Minimum lot width: 300 feet.
(6)
Maximum impervious coverage: 4%.
(7)
Maximum height: 35 feet.
(8)
Subdivision restriction. All lots in a country estates subdivision
must be permanently protected from future subdivisions by conservation
easements.
K.
Base density determination. The base density of the cluster options
shall be determined based on a lot yield plan that utilizes the bulk
standards specified in the SR District regulations. The base density
shall be the maximum number of permitted dwelling units under the
basic conservation option. Yield plans shall meet the following requirements:
(1)
Yield plans must be prepared as conceptual layout plans in accordance
with the standards of the Subdivision Ordinance, containing proposed
lots, streets, rights-of-way, and other pertinent features. It must
be drawn to scale and the tract boundaries must be based on a survey
to ensure the correct size of the tract. It must be a realistic layout
reflecting a development pattern that could actually be built, after
delineating the presence of wetlands, floodplains, steep slopes, existing
easements or encumbrances and the suitability of soils for subsurface
sewage disposal.
(2)
Yield plans must reflect the bulk standards for conventional
lots in the SR District.
(3)
The yield plan must identify the site's primary and secondary
resources, as identified in the existing conditions plan, and demonstrate
that the primary resources could be successfully absorbed in the development
process without disturbance, by allocating this area to proposed single-family
dwelling lots which conform to the density factor of the chosen option.[1]
[1]
Editor’s Note: Former Subsection K(4), concerning application
of a nitrate dilution model after creation of the yield plan, which
immediately followed this subsection, was repealed 6-11-2013 by Ord.
No. 13-04.
L.
Design standards for cluster option subdivisions.
(1)
Principal and accessory buildings shall not encroach upon primary
conservation areas, and shall respect secondary conservation areas
to the extent feasible as described in both the Zoning Ordinance and
in the Subdivision Ordinance.
(3)
Views of houses from exterior roads and abutting properties
shall be minimized by the use of changes in topography, existing vegetation,
or additional landscaping which meets the landscaping requirements
of the Subdivision and Land Development Ordinance.
(4)
Houses shall generally be accessed from interior streets, rather
than from frontage roads, except if the provision of an internal street
is not practical or will encroach upon primary or important conservation
areas.
(5)
At least 3/4 of the lots shall directly abut or face conservation
design open space across a street except when a landscaped berm is
used for the agricultural buffer.
(6)
Standards pertaining to the quantity, quality, configuration, ownership, and maintenance of the open space land created under this zoning district are contained in §§ 145-42 through 145-43 of this chapter, and in § 145-28 of the Subdivision Ordinance.
(7)
Agricultural buffers shall be provided for cluster developments
that propose to preserve farmland within the SR District. The agricultural
buffers shall be designed to achieve an effective buffer between residential
uses and agricultural activities but need not conform to the buffer
requirements of the AR District.
M.
Design standards for country estates subdivisions.
(1)
Principal and accessory buildings shall not encroach upon primary
conservation areas and shall respect secondary conservation areas
to the extent feasible as described in both the Zoning Ordinance and
in the Subdivision Ordinance.
(2)
All new dwellings shall be at least 200 feet from all tract
boundaries.
(3)
Views of houses from exterior roads and abutting properties
shall be minimized by the use of changes in topography, existing vegetation,
or additional landscaping which meets the landscaping requirements
of the Subdivision and Land Development Ordinance.
(4)
Houses shall generally be accessed from interior streets, rather
than from frontage roads, except if the provision of an internal street
is not practical or will encroach upon primary conservation areas.
(5)
The design of the streets in a country estates subdivision will
be significantly different to that of a conventional development due
to the very low density and the restrictions against further subdivision.
The use of rural lanes (18 feet wide) shall be permitted without curbing
to provide land access to the estates lots. Common driveways from
the rural lanes shall also be permitted serving a maximum of three
lots.
(6)
The objective with regard to stormwater management for country
estates developments will be to utilize nonstructural measures to
the extent possible. If detention is necessary, it shall be designed
to blend into the rural landscape.
(7)
The design objective of the country estates development option
shall be to minimize disturbance of the tract and maximize the retention
of preexisting features and topography.
N.
Minimum off-street parking. Each individual use shall provide parking
spaces according to the following minimum provisions. No parking area
or driveway shall be located within 10 feet of any property line.
O.
Permitted signs shall be as follows:
(1)
Detached dwelling units: information and direction signs as defined in § 145-34A(5).
(2)
Churches: one freestanding sign not exceeding 15 square feet
in area, 10 feet in height and set back at least 10 feet from all
street lines and at least 50 feet from all property lines, plus one
attached sign not exceeding eight square feet in area.
P.
Home occupations.
(1)
Such occupation may be pursued in the principal dwelling unit
structure or in one or more secondary buildings which are accessory
to such principal structure.
(2)
The use of the property for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than 20% of the gross floor area of all
buildings shall be used in the conduct of the home occupation.
(3)
No person other than members of the household residing on the
premises plus one outside employee or other assistant shall be engaged
in the occupation.
(4)
The residential character of the lot and building shall not
be changed, no occupational sounds shall be audible outside the building
and no equipment shall be used which will cause interference with
radio or television reception in neighboring residences. No display
of products shall be visible from the street, nor shall any materials
be stored outside the dwelling unit.
(5)
The home occupation shall not generate the business or care
of more than two clients at any one time and shall be by appointment
only. The home occupation shall not include the breeding, raising,
care, boarding or maintenance of animals.
(6)
The home occupation shall not necessitate the need to park more
than two vehicles at any time in addition to those ordinarily used
by the residents of the home. Said vehicles shall be limited to passenger
automobiles and must be parked off street. The home occupation shall
not reduce the parking or yard requirements of the dwelling. There
may be parked on the premises not more than one vehicle owned or operated
in conjunction with the home occupation. No other vehicle(s) owned
or operated in conjunction with the home occupation shall be parked
overnight, stored or repaired, either on- or off-premises, within
a residential zone, and no such vehicle(s) shall be parked overnight
or stored on a street.
(7)
There shall be no exterior evidence of the home occupation other than one unlighted nameplate identifying the home occupation only by name, title or hours of operation, not exceeding four square feet in area, either attached or freestanding and set back at least 10 feet from all street rights-of-way and property lines. See § 145-34 for additional standards.
[Added 7-10-2007 by Ord. No. 07-10]
A.
Intent. The intent of the SR-5 District is to provide for moderate-density
residential development in an area adjacent to Woodstown that is served
by water and sewer infrastructure. The purpose of the SR-5 District
is to recognize preexisting development in this area and to establish
standards that are appropriate for that district. The reference is
based on the fact that the minimum lot size would accommodate about
five units per acre.
B.
Principal permitted uses on the land and in buildings shall be as
follows:
C.
Accessory uses permitted shall be as follows:
(1)
Private residential swimming pools (see § 145-36 for standards), private tennis courts and other usual recreational facilities customarily associated with residential dwelling units.
(2)
Private residential sheds for the storage of objects owned by
the residents of the property, each not exceeding 15 feet in height
and 120 square feet in area.
D.
Maximum building height. No principal building shall exceed 35 feet in height and 2.5 stories, and no accessory building shall exceed 25 feet in height and two stories, except that churches shall not exceed 50 feet, and except further as allowed in § 145-39 of this chapter.
E.
Area and yard requirements shall be as follows:
|
SR-5 Zone Bulk Regulations
| ||||
|---|---|---|---|---|
|
Standard
|
Unit
|
Detached Dwelling Unit
|
Churches
| |
|
Principal Building (minimum)
| ||||
|
Lot area
|
Square feet
|
8,000
|
25,000
| |
|
Lot frontage
|
Feet
|
70
|
150
| |
|
Lot width
|
Feet
|
70
|
150
| |
|
Lot depth
|
Feet
|
100
|
150
| |
|
Side yard, each
|
Feet
|
15
|
25
| |
|
Front yard
|
Feet
|
35
|
50
| |
|
Rear yard
|
Feet
|
25
|
35
| |
|
Accessory Building (minimum)
| ||||
|
Distance to side line
|
Feet
|
10
|
15
| |
|
Distance to rear line
|
Feet
|
15
|
25
| |
|
Distance to other building
|
Feet
|
15
|
20
| |
|
Coverage (maximum)
| ||||
|
Building coverage
|
Percent
|
20%
|
10%
| |
|
Lot coverage
|
Percent
|
30%
|
15%
| |
F.
Minimum off-street parking. Each individual use shall provide parking
spaces according to the following minimum provisions. No parking area
or driveway shall be located within 10 feet of any property line.
G.
Permitted signs shall be as follows:
(1)
Detached dwelling units: information and direction signs as defined in § 145-34A(5).
(2)
Churches: one freestanding sign not exceeding 15 square feet
in area, 10 feet in height and set back at least 10 feet form all
street lines and at least 50 feet from all property lines, plus one
attached sign not exceeding eight square feet in area.
H.
Home occupations.
(1)
Such occupation may be pursued in the principal dwelling unit
structure or in one or more secondary buildings which are accessory
to such principal structure.
(2)
The use of the property for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than 20% of the gross floor area of all
buildings shall be used in the conduct of the home occupation.
(3)
No person other than members of the household residing on the
premises plus one outside employee or other assistant shall be engaged
in the occupation.
(4)
The residential character of the lot and building shall not
be changed, no occupational sounds shall be audible outside the building
and no equipment shall be used which will cause interference with
radio or television reception in neighboring residences. No display
of products shall be visible from the street, nor shall any materials
be stored outside the dwelling unit.
(5)
The home occupation shall not generate the business or care
of more than two clients at any one time and shall be by appointment
only. The home occupation shall not include the breeding, raising,
care, boarding or maintenance of animals.
(6)
The home occupation shall not necessitate the need to park more
than two vehicles at any time in addition to those ordinarily used
by the residents of the home. Said vehicles shall be limited to passenger
automobiles and must be parked off street. The home occupation shall
not reduce the parking or yard requirements of the dwelling. There
may be parked on the premises not more than one vehicle owned or operated
in conjunction with the home occupation. No other vehicle(s) owned
or operated in conjunction with the home occupation shall be parked
overnight, stored or repaired, either on- or off-premises, within
a residential zone, and no such vehicle(s) shall be parked overnight
or stored on a street.
(7)
There shall be no exterior evidence of the home occupation other than one unlighted nameplate identifying the home occupation only by name, title or hours of operation, not exceeding four square feet in area, either attached or freestanding, and set back at least 10 feet from all street rights-of-way and property lines. See § 145-34 for additional standards.
[Amended 3-11-2003 by Ord. No. 0211; 7-12-2005 by Ord. No.
05-09; 7-10-2007 by Ord. No. 07-10]
A.
Intent. The intent of this planning district is to
designate and reinforce the Sharptown Hamlet and to encourage infill
development that is compatible with the existing intensity and character
of the village.
B.
Principal permitted uses on the land and in buildings
shall be as follows:
(1)
Detached single-family and two-family dwelling units.
(2)
Churches.
(3)
Professional offices limited to those professional
occupations licensed by the components of the State of New Jersey
Department of Law and Public Safety, Division of Consumer Affairs.
(4)
Shops and stores for the retail sales of antiques,
books, confections, drugs, dry goods, flowers, gifts, notions, stationery
and other similar goods. Food stuff and beverages also are included,
provided that no distribution activities or fast-food convenience
stores shall be permitted.
(5)
Food service establishments, including sit-down restaurants
with waitress service, coffee shops, bakery, pastry, candy, confectionery
or ice cream shops, provided that no distribution activities or fast-food
restaurants shall be permitted.
(6)
Personal service shops dealing directly with customers,
including beauty shops, barbershops, shoe repair and other similar
uses.
(7)
Residential flats, provided that:
(a)
Residential flats shall be located within the
1 1/2 stories above permitted commercial or office uses located
on the first floor, except that no residential flat or portion thereof
shall be situated above a restaurant or any use which utilizes either
a condenser or compressor within its net habitable floor area.
(b)
If the second floor of a building contains a
residential flat, no directly contiguous nonresidential use shall
be permitted on that floor.
(c)
Each residential flat shall have access provided
by an outside entrance or stairway.
(d)
Each residential flat shall contain at least
one bedroom and shall consist in aggregate of a minimum net habitable
floor area of 600 square feet.
C.
Accessory uses permitted shall be as follows:
(1)
Private residential swimming pools (see § 145-36 for standards) and other usual recreational facilities, customarily associated with residential dwelling units.
(2)
Private residential sheds for the storage of objects
owned by the residents of the property, each not exceeding 15 feet
in height and 120 square feet in area.
(7)
Satellite dish antennae as conditional uses under N.J.S.A. 40:55D-67. (See § 145-38 for standards.)
(8)
Temporary construction trailers and one sign not exceeding
20 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 construction permit
and concluding with the issuance of a certificate of occupancy or
one year, whichever is less, provided that said trailer(s) and sign
are on the site where the construction is taking place, are not on
any existing or proposed street or easement and are set back at least
30 feet from all street and lot lines. There shall be at least one
working telephone in the trailer.
D.
Maximum building height. No principal building shall exceed 35 feet in height and 2.5 stories, and no accessory building shall exceed 25 feet in height and two stories, except that churches shall not exceed 50 feet and except further as allowed in § 145-39 of this chapter.
E.
Area and yard requirements shall be as follows:
|
Detached Single-Family Dwellings
|
Two-Family Dwellings
|
Professional and Retail Uses
|
Churches
| |||
|---|---|---|---|---|---|---|
|
Principal building (minimum)
| ||||||
|
Lot area (acres)
|
0.51
|
11
|
1
|
2
| ||
|
Lot frontage (feet)
|
100
|
150
|
150
|
200
| ||
|
Lot width (feet)
|
100
|
150
|
150
|
200
| ||
|
Lot depth (feet)
|
150
|
150
|
150
|
300
| ||
|
Side yard, each (feet)
|
20
|
30
|
25
|
40
| ||
|
Front yard (feet)
|
302
|
302
|
402
|
502
| ||
|
Rear yard (feet)
|
35
|
35
|
50
|
50
| ||
|
Accessory building, minimum (feet)
| ||||||
|
Distance to side line
|
15
|
15
|
203
|
303
| ||
|
Distance to rear line
|
15
|
15
|
203
|
303
| ||
|
Distance to other building
|
20
|
20
|
20
|
30
| ||
|
Maximum
| ||||||
|
Building coverage
|
15%
|
15%
|
20%
|
10%
| ||
|
Lot coverage
|
25%
|
25%
|
60%
|
20%
| ||
|
NOTES:
| |||||
|---|---|---|---|---|---|
|
1Shall be contiguous
noncritical acreage and must be appropriately situated for the location
and construction of the detached single-family dwelling and its appurtenances,
including the septic system serving the lot.
| |||||
|
2Where a lot abuts
an arterial or major collector road, the minimum required front yard
setback shall be increased an additional 20 feet for the front yard
area measured from the arterial or major collector right-of-way line.
| |||||
|
3Where a nonresidential
use abuts a residential use or district, the minimum setbacks for
accessory buildings shall apply to any accessory structures, off-street
parking, driveways, aisles, loading or other accessory uses.
| |||||
F.
General requirements for nonresidential uses.
(1)
One building may contain more than one use, provided
that the total building and lot coverage of the combined uses does
not exceed the maximums specified for the district and, provided,
further, that each use occupies a minimum gross floor area of 500
square feet.
(2)
Display or storage.
(a)
Unless otherwise specifically approved by the
Board as part of a site plan application, no merchandise, product,
equipment or similar material or objects shall be displayed or stored
outside.
(b)
Where merchandise, products, equipment or similar
material or objects are approved by the Board to be displayed or stored
outside, the materials shall be suitably screened to be obscured from
view from adjacent residential uses and must be situated within the
property lines of the principal use.
(3)
All areas not utilized for buildings, parking, loading,
access aisles and driveways or pedestrian walkways shall be suitably
landscaped with shrubs, ground cover, seeding or plantings and maintained
in good condition.
(4)
All buildings shall be compatibly designed, whether
constructed all at one time or in stages over a period of time. All
building walls facing any street or residential use or district shall
be suitably finished for aesthetic purposes and shall be compatible
in design and scale to the surrounding residential areas. All commercial
and office buildings shall have a gable, hip, gambrel or mansard roof
(or other dual-pitched, single-ridge roof).
(5)
The minimum setback area shall include a planted buffer
of 10 feet in width along any common property line with a residential
district or use.
(6)
Each building shall provide at least one off-street loading space and one trash and garbage pickup location in accordance with the provision set forth in § 145-20H.
(7)
At least the first 15 feet adjacent to any street
line and 10 feet adjacent to any lot line shall not be used for parking
and shall be planted and maintained in lawn areas or ground cover
and landscaped with evergreen shrubbery.
G.
Minimum off-street parking. Each individual use shall
provide parking spaces according to the following minimum provisions.
Where a permitted use of land includes different specific activities
with different specific parking requirements, the total number of
required parking spaces shall be obtained by computing individually
the parking requirements for each different activity and adding the
resulting numbers together. No parking area or driveway shall be located
within 10 feet of any property line.
(1)
Dwelling units shall provide two spaces per unit.
(2)
Churches shall provide one space per every four permanent
seats. (One seat shall be considered 22 inches in calculating the
capacity of pews or benches.)
(3)
Professional offices shall provide one space per every
250 square feet of gross floor area or part thereof.
(4)
Retail and service activities shall provide one space
per every 200 square feet of gross floor area or part thereof.
H.
Permitted signs shall be as follows:
(1)
Detached dwelling units: information and direction of signs as defined in § 145-34A(5).
(2)
Churches: one freestanding sign not exceeding 15 square
feet in area, 10 feet in height and set back at least 10 feet from
all street lines and at least 50 feet from all property lines, plus
one attached sign not exceeding eight square feet in area.
(3)
Professional offices, retail and service activities:
one major sign, either freestanding or attached, not exceeding 10%
of the front facade of the building or 50 square feet in area, whichever
is smaller. If freestanding, the sign shall be set back at least 20
feet from all street and property lines. Where a principal use occupying
at least 500 square feet of segregated area has direct access from
the outside, a sign not exceeding four square feet in area, identifying
the name of the activity, may also be attached to the building at
the entrance.
I.
Home occupations.
(1)
Such occupation may be pursued in the principal dwelling
unit structure or in one or more secondary buildings which are accessory
to such principal structure.
(2)
The use of the property for the home occupation shall
be clearly incidental and subordinate to its use for residential purposes
by its occupants, and not more than 20% of the gross floor area of
all buildings shall be used in the conduct of the home occupation.
(3)
No person other than members of the household residing
on the premises plus one outside employee or other assistant shall
be engaged in the occupation.
(4)
The residential character of the lot and building
shall not be changed, no occupational sounds shall be audible outside
the building and no equipment shall be used which will cause interference
with radio or television reception in neighboring residences. No display
of products shall be visible from the street, nor shall any materials
be stored outside the dwelling unit.
(5)
The home occupation shall not generate the business
or care of more than two clients at any one time and shall be by appointment
only. The home occupation shall not include the breeding, raising,
care, boarding or maintenance of animals.
(6)
The home occupation shall not necessitate the need
to park more than two vehicles at any time in addition to those ordinarily
used by the residents of the home. Said vehicles shall be limited
to passenger automobiles and must be parked off street. The home occupation
shall not reduce the parking or yard requirements of the dwelling.
There may be parked on the premises not more than one vehicle owned
or operated in conjunction with the home occupation. No other vehicle(s)
owned or operated in conjunction with the home occupation shall be
parked overnight, stored or repaired, either on- or off-premises,
within a residential zone, and no such vehicle(s) shall be parked
overnight or stored on a street.
(7)
There shall be no exterior evidence of the home occupation other than one unlighted nameplate identifying the home occupation only by name, title or hours of operation, not exceeding four square feet in area, either attached or freestanding, and set back at least 10 feet from all street rights-of-way and property lines. See § 145-34 for additional standards.
[Amended 7-12-2005 by Ord. No. 05-09; 3-12-2007 by Ord. No.
07-01; 7-10-2007 by Ord. No. 07-10]
A.
The intent of the Neighborhood Commercial Zoning District
is to provide for a location for retail and service uses that are
oriented to local residents rather than the traveling public.
B.
Principal permitted uses on the land and in buildings
shall be as follows:
(1)
Retail sales of goods.
(2)
Retail sales of personal services and minor appliance
or office machinery repair, excluding commercial dry-cleaning establishments
and nonportable appliances, equipment or machine services or any type
of service which requires truck, van or trailer pickup or delivery
of the equipment or item to be serviced.
(3)
Delicatessens, bakeries, candy stores, food markets
and grocery stores, less than 25,000 square feet in floor area, provided
that no other activities associated with other permitted principal
uses are conducted on the site.
(4)
Banks, including drive-in facilities.
(5)
Offices and office buildings.
(6)
Restaurants, bars, nightclubs and taverns, excluding
drive-in facilities and delivery service.
(7)
Child-care centers.
(8)
Detached single-family dwelling units existing prior
to March 1, 1993, in accordance with the SR District requirements.
(9)
Service stations and public garages as conditional uses under N.J.S.A. 40:55D-67. (See § 145-38 for standards.)
(10)
Neighborhood shopping centers in which no single
commercial building or use exceeds 25,000 square feet in area.
C.
Accessory uses permitted shall be as follows:
(2)
Storage buildings not exceeding 15 feet in height
and 200 square feet in area.
(5)
Usual recreational facilities customarily associated with residential dwelling units, including private residential swimming pools. (See § 145-36 for standards.)
(7)
Satellite dish antennae as conditional uses under N.J.S.A. 40:55D-67. (See § 145-38 for standards.)
(8)
Temporary construction trailers and one sign not exceeding
20 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 construction permit
and concluding with the issuance of a certificate of occupancy or
one year, whichever is less, provided that said trailer(s) and sign
are on the site where the construction is taking place and are not
on any existing or proposed street or easement and are set back at
least 30 feet from all street and lot lines. There shall be at least
one working telephone in the trailer.
D.
Maximum building height. No building shall exceed 35 feet in height and 2.5 stories except as allowed in § 145-39 of this chapter.
E.
Area and yard requirements shall be as follows:
|
Retail and Other Individual Uses
| |||
|---|---|---|---|
|
Principal building (minimum)
| |||
|
Lot area (acres)
|
1
| ||
|
Lot frontage (feet)
|
150
| ||
|
Lot width (feet)
|
150
| ||
|
Lot depth (feet)
|
175
| ||
|
Side yard, each (feet)
|
25
| ||
|
Front yard (feet)
|
60
| ||
|
Rear yard (feet)
|
50
| ||
|
Accessory building, minimum (feet)
| |||
|
Distance to side line
|
20
| ||
|
Distance to rear line
|
20
| ||
|
Distance to other building
|
20
| ||
|
Maximum
| |||
|
FAR
|
0.15%
| ||
|
Lot coverage
|
55%
| ||
F.
General requirements.
(1)
One building may contain more than one use, provided
that the total floor area ratio and lot coverage of the combined uses
does not exceed the maximums specified for the district and, further,
provided that each use occupies a minimum gross floor area of 500
square feet.
(2)
Display or storage.
(a)
Unless otherwise specifically approved by the
Board as part of a site plan application, no merchandise, product,
equipment or similar material or objects shall be displayed or stored
outside.
(b)
Where merchandise, products, equipment or similar
material or objects are approved by the Board to be displayed or stored
outside, the materials shall be suitably screened to be obscured from
view from adjacent residential uses and must be situated within the
property lines of the principal use.
(3)
All areas not utilized for buildings, parking, loading,
access aisles and driveways or pedestrian walkways shall be suitably
landscaped with shrubs, ground cover, seeding or plantings and maintained
in good condition.
(4)
All buildings shall be compatibly designed, whether
constructed all at one time or in stages over a period of time. All
building walls facing any street or residential district line shall
be suitably finished for aesthetic purposes and shall be compatible
in design and scale to the surrounding residential areas. All buildings
shall have a gable, hip, gambrel or mansard roof (or other dual-pitched,
single-ridge roof).
(5)
The minimum setback area shall include a planted buffer
of 10 feet in width along any common property line with a residential
district or use.
(6)
At least the first 15 feet adjacent to any street
line and 10 feet adjacent to any property line shall not be used for
parking and shall be planted and maintained in lawn area or ground
cover and landscaped with evergreen shrubbery.
G.
Minimum off-street parking. Each individual use shall
provide parking spaces according to the following minimum provisions.
Where a permitted use of land includes different specific activities
with different specific parking requirements, the total number of
required parking spaces shall be obtained by individually computing
the parking requirements for each different activity and adding the
resulting numbers together.
(1)
Retail and service activities shall provide parking
at the ratio of one parking space per 200 square feet of gross floor
area or part thereof.
(2)
Banks and offices shall provide parking at the ratio
of one parking space per 250 square feet of gross floor area or part
thereof. Additionally, drive-in banks shall provide room for at least
eight automobiles per drive-in window for queuing purposes.
(3)
Restaurants, bars, nightclubs and taverns shall provide
one parking space for every three seats but in all cases a sufficient
number of spaces to prevent any parking along public rights-of-way
or private driveways, fire lanes and aisles.
(4)
Child-care centers shall provide parking at a ratio
of one parking space per employee plus one additional parking space
for every eight children. Adequate spaces shall be provided for the
loading and unloading of children, which shall take place on site
and not in the public right-of-way.
(5)
Parking areas for individual use shall be designed
to be interconnected with adjacent properties and shall utilize common
entrance(s) and exit(s), where feasible, to minimize access points
to the street.
H.
Minimum off-street loading.
(1)
Each principal use shall provide for off-street loading
and unloading with adequate ingress and egress from streets and with
adequate space for maneuvering and shall provide such area at the
side or rear of the building. Each space shall be at least 15 feet
by 40 feet, and a minimum of one space shall be provided for each
building. Additional spaces may be necessary and required dependent
upon the specific activity. There shall be no loading or unloading
from the street.
(2)
There shall be at least one trash and garbage pickup
location, including provision for recyclable materials collection
provided by each building, which shall be separated from the parking
spaces by either a location within the building or in a pickup location
outside the building, which shall be a steel-like, totally enclosed
container located in a manner to be obscured from view from parking
areas, streets and adjacent residential uses or zoning districts by
a fence, wall, planting or combination of all three. If located within
the building, the doorway may serve both the loading and trash/garbage
functions; and if located outside the building, it may be located
adjacent to or within the general loading area(s), provided that the
container in no way interferes with or restricts loading and unloading
functions.
I.
Permitted signs.
(1)
Each principal commercial building may have one major
sign, either freestanding or attached, not exceeding 10% of the front
facade of the principal building or 50 square feet, whichever is smaller.
Freestanding signs shall be set back at least 25 feet from all street
and property lines. Where a principal use occupying at least 750 square
feet of segregated area has direct access from the outside, a sign
not exceeding eight square feet in area identifying the name of the
activity shall also be permitted. Such additional sign(s) shall be
either attached flat against the building at the entrance to the activity
or suspended in perpendicular fashion from a roof over a common walkway.
Suspended signs shall be no closer than eight feet at their lowest
point to the finished grade below.
[Amended 7-12-2005 by Ord. No. 05-09; 7-10-2007 by Ord. No.
07-10]
A.
The intent of the Highway Commercial Zoning Districts
is to provide for the location of diverse retail and service uses
serving the community and region along major highway.
B.
Permitted principal uses on the land and in buildings
shall be as follows:
(1)
Any principal permitted use in the NC District except
for detached single-family dwelling units.
(2)
Theaters.
(3)
Indoor recreational uses, such as bowling alleys.
(4)
Shopping centers comprised of the preceding uses except
that service stations and child-care centers are excluded.
(5)
Retail sales of goods and services related to home
improvement, major appliance and equipment repair, commercial dry
cleaning and other similar services.
(6)
Hotels and motels.
(7)
Funeral homes.
(8)
Automobile sales through franchised new car dealers.
(9)
Garden centers engaged in the retail sales of living
plant material and related garden equipment. Outside storage, sale
or display areas shall not exceed four times the building coverage
and shall be used for storage, sale and display of living plant material
only.
(11)
Fast-food convenience stores as conditional uses under N.J.S.A. 40:55D-67. (See § 145-38 for standards.)
C.
Accessory uses permitted shall be as follows:
(4)
Storage buildings not exceeding 15 feet in height.
(5)
Restaurants, bars, nightclubs and usual recreational
and retail facilities associated with and ancillary to hotels and
motels.
(6)
Child-care centers as part of a principal building
or as the entire use of an accessory building, provided that the child-care
center is limited in service to the employees of the principal use
designated on the site plan as approved by the Board.
(7)
Satellite dish antennae as conditional uses under N.J.S.A. 40:55D-67. (See § 145-38 for standards.)
(8)
Temporary construction trailers and one sign not exceeding
20 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 construction permit
and concluding with the issuance of a certificate of occupancy or
one year, whichever is less, provided that said trailer(s) and sign
are not on any existing or proposed street or easement and are set
back at least 30 feet from all street and lot lines. There shall be
at least one working telephone in the trailer.
D.
Maximum building height. No building shall exceed 35 feet in height and 2.5 stories except as allowed in § 145-39 of this chapter.
E.
Area and yard requirements shall be as follows:
|
Retail Uses
|
Shopping Centers1
|
Hotels and Motels
| |||
|---|---|---|---|---|---|
|
Principal building (minimum)
| |||||
|
Lot area (acres)
|
1
|
10
|
4
| ||
|
Lot frontage (feet)
|
150
|
500
|
300
| ||
|
Lot width (feet)
|
150
|
500
|
300
| ||
|
Lot depth (feet)
|
150
|
500
|
300
| ||
|
Side yard, each (feet)
|
25
|
100
|
75
| ||
|
Front yard (feet)
|
75
|
100
|
75
| ||
|
Rear yard (feet)
|
50
|
100
|
100
| ||
|
Accessory building, minimum (feet)
| |||||
|
Distance to side line
|
20
|
100
|
40
| ||
|
Distance to rear line
|
20
|
100
|
50
| ||
|
Distance to other building
|
20
|
30
|
40
| ||
|
Maximum
| |||||
|
FAR
|
0.15
|
0.15
|
0.20
| ||
|
Lot coverage
|
55%
|
55%
|
55%
| ||
|
NOTES:
| ||||
|---|---|---|---|---|
|
1More than one principal
building shall be permitted. All buildings shall be separated by a
minimum of 20 feet, provided that such separation is to be used solely
for pedestrian circulation. All buildings shall be separated by a
minimum of 50 feet where any part of such separation is to be used
for parking or vehicular circulation. However, the separation requirements
should not be construed to prohibit covered pedestrian walkways when
the roof or covering of such walkway extends between the buildings.
| ||||
F.
General requirements.
(1)
One building may contain more than one use, provided
that the total floor area ratio and lot coverage of the combined uses
does not exceed the maximums specified for the district and, further,
provided that each use occupies a minimum gross floor area of 500
square feet.
(2)
Display or storage.
(a)
Unless otherwise specifically approved by the
Board as part of a site plan application, no merchandise, product,
equipment or similar material or objects shall be displayed or stored
outside.
(b)
Where merchandise, products, equipment or similar
material or objects are approved by the Board to be displayed or stored
outside, the materials shall be suitably screened to be obscured from
view from adjacent residential uses and must be situated within the
property lines of the principal use.
(3)
All areas not utilized for buildings, parking, loading,
access aisles and driveways or pedestrian walkways shall be suitably
landscaped with shrubs, ground cover, seeding or plantings and maintained
in good condition.
(4)
All buildings shall be compatibly designed, whether
constructed all at one time or in stages over a period of time. All
building walls facing any street or residential district line shall
be suitably finished for aesthetic purposes, which shall not include
unpainted or painted cinder block or concrete block walls.
(5)
No hotel or motel shall contain less than 20 units
of accommodation. A permanent on-site superintendent's apartment or
living quarters shall be permitted within a hotel or motel and shall
not be included in the calculation of the number of units.
(6)
Each hotel and motel unit of accommodation shall provide
a minimum of two rooms: a bedroom and a separate bathroom. Each unit
of accommodation shall contain a minimum floor area of 200 square
feet. No hotel or motel dwelling unit, except for the on-site superintendent's
apartment, shall provide cooking facilities of any kind, including
but not limited to stoves, hot plates and microwave ovens. There shall
be a residency limitation on all guests of 30 days maximum, provided
that the residency limitation shall not apply to an employee living
on the premises.
(7)
The minimum setback area shall include a planted buffer
of 15 feet in width along any common property line with a residential
district or use. For shopping centers, the planted buffer shall be
at least 20 feet in width.
(8)
At least the first 30 feet adjacent to any street
line and 15 feet adjacent to any lot line shall not be used for parking
or loading and shall be planted and maintained in lawn area or ground
cover and landscaped with evergreen shrubbery. Where a shopping center
abuts a residential use or district, at least 60 feet adjacent the
common lot line shall not be used for parking, loading, access or
service area.
G.
Minimum off-street parking. Each individual use shall
provide parking spaces to the following minimum provisions. Where
a permitted use of land includes different specific activities with
different specific parking requirements, the total number of required
parking spaces shall be obtained by individually computing the parking
requirements for each different activity and adding the resulting
numbers together.
(1)
Retail and service activities shall provide parking
at the ratio of one parking space per 200 square feet of gross floor
area or part thereof.
(2)
Banks, offices and funeral homes shall provide parking
at the ratio of one parking space per 250 square feet of gross floor
area or part thereof. Additionally, drive-in banks shall provide room
for at least eight automobiles per drive-in window for queuing purposes.
(3)
Restaurants, bars, nightclubs and taverns shall provide
one parking space for every three seats but in all cases a sufficient
number of spaces to prevent any parking along public rights-of-way
or private driveways, fire lanes and aisles.
(4)
Theaters shall provide one space for every three seats.
(5)
Shopping centers shall provide parking at the overall
ratio of 4.5 parking spaces per 1,000 square feet of gross floor area
or part thereof.
(6)
Child-care centers shall provide parking at a ratio
of one parking space per employee plus one additional parking space
for every eight children. Adequate spaces shall be provided for the
loading and unloading of children, which shall take place on-site
and not in the public right-of-way.
(7)
Hotels and motels shall provide 1.25 spaces per hotel/motel
unit, plus the total number of spaces for each use on the premises,
including units of accommodation, ancillary restaurants and commercial
establishments.
(8)
Garden centers shall provide parking at the ratio
of six spaces per 1,000 square feet of gross floor area of buildings,
plus 0.5 space per 1,000 square feet of outside storage, sale or display
area.
(9)
Automobile sales shall provide at least 10 spaces
for customer convenience separated from vehicular displays and not
used by employees.
(10)
Bowling alleys shall provide four parking spaces
for every alley. All other indoor recreational uses shall provide
sufficient off-street parking which shall be determined at the time
of site plan review.
(11)
Parking areas for individual use shall be designed
to be connected with adjacent properties and shall utilize common
entrance(s) and exit(s), where feasible, to minimize access points
to the street.
H.
Minimum off-street loading.
(1)
Each principal building shall provide at minimum one
off-street loading space at the side or rear of the building or within
the building. Each space shall be at least 15 feet in width by 40
feet in length with adequate ingress and egress from a public street
and with adequate space for maneuvering. There shall be no loading
or unloading from the street.
(2)
There shall be at least one trash and garbage pickup
location, including provision for recyclable materials collection
provided by each building, which shall be separated from the parking
spaces by either a location within the building or in a pickup location
outside the building, which shall be a steel-like, totally enclosed
container located in a manner to be obscured from view from parking
areas, streets and adjacent residential uses or zoning districts by
a fence, wall, planting or combination of all three. If located within
the building, the doorway may serve both the loading and trash/garbage
functions, and, if located outside the building, it may be located
adjacent to or within the general loading area(s), provided that the
container in no way interferes with or restricts loading and unloading
functions.
I.
Permitted signs.
(1)
Each principal building not part of a shopping center
or each shopping center may have one major sign, either freestanding
or attached, not exceeding 10% of the front facade of the principal
building or 75 square feet, whichever is smaller. Freestanding signs
shall be set back at least 25 feet from all street and property lines.
Where a principal use occupying at least 500 square feet of segregated
area has direct access from the outside, a sign not exceeding eight
square feet in area identifying the name of the activity shall also
be permitted. Such additional sign(s) shall be either attached flat
against the building at the entrance to the activity or suspended
in perpendicular fashion from a roof over a common walkway. Suspended
signs shall be no closer than eight feet at their lowest point to
the finished grade below.
[Amended 7-12-2005 by Ord. No. 05-09; 7-10-2007 by Ord. No. 07-10]
A.
The intent of the Planned Light Industrial Zoning
District is to provide for planned industrial development in the community
based on a general development plan pursuant to N.J.S.A. 40:55D-45
et seq.
B.
C.
Permitted principal uses on the land and in buildings
within an approved general development plan (GDP) shall be as follows:
D.
Accessory uses permitted shall be as follows:
(4)
Storage buildings not exceeding 15 feet in height
and 200 square feet in area.
(5)
Child-care centers as part of a principal building
or as the entire use of an accessory building, provided that the child-care
center is limited in service to the employees of the principal use
designated on the site plan as approved by the Board.
(6)
Employee cafeterias limited in service to the employees
of the principal use designated on the site plan as approved by the
Board.
(7)
Water storage tanks, and propane and automobile and
heating fuel storage tanks, provided that such tanks are no higher
than 15 feet above the ground and all tanks comply with any applicable
federal, state and/or local ordinances, statutes, codes and regulations.
(8)
Satellite dish antennae as conditional uses under N.J.S.A. 40:55D-67. (See § 145-38 for standards.)
(10)
Temporary construction trailers and one sign
not exceeding 20 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 construction permit
and concluding with the issuance of a certificate of occupancy or
one year, whichever is less, provided that said trailer(s) and sign
are not on any existing or proposed street or easement and are set
back at least 30 feet from all street and lot lines. There shall be
at least one working telephone in the trailer.
E.
Maximum building height. No building shall exceed 45 feet in height and three stories except as allowed in § 145-39 of this chapter.
F.
Development intensity options: bulk standards renewable
energy power plan.
[Amended 4-25-2011 by Ord. No. 11-07]
(1)
Development
options.
|
Option
|
Minimum
Open Space
|
Maximum
Floor Area Ratio
|
Maximum
Impervious
| |
|---|---|---|---|---|
|
1
|
10%
|
0.15
|
50%
| |
|
2
|
25%
|
0.20
|
55%
| |
|
3
|
40%
|
0.25
|
60%
| |
|
4
|
50%
|
0.30
|
65%
|
|
NOTES:
| ||||
|---|---|---|---|---|
|
1.
|
These options are only available under an approved
general development plan (GDP).
| |||
|
2.
|
The FAR and maximum impervious coverage under
Options 2, 3, and 4 are to be achieved by the entire complex. Option
1 is to be achieved on an individual lot basis.
| |||
(2)
Bulk standards renewable energy power plant.
[Amended 2-14-2012 by Ord. No. 12-01]
(b)
Maximum height (feet) principal building-structure: (NOTE: As the
principal use on site is the generation of electric power and the
principal structure is all the necessary connected equipment, necessary
office and maintenance-storage buildings may be permitted on site
up to 45 feet in height, provided they meet the minimum setbacks for
principal buildings-structures.)
[1]
Wind energy system: 150 feet. (Note: Only one wind or solar system
is permitted per lot. Wind energy systems that meet the criteria to
be defined as a "small wind energy system" shall be setback 120% of
the system height.)
(c)
Minimum principal building-structure setback: [NOTE: Setback (as
measured from the proposed development property line or proposed ROW)
from adjacent residential use or district, agricultural use or district,
or municipal line: 300 feet.]
(e)
Screening requirements. A one-hundred-foot wide screen of evergreen
and deciduous plantings combined with solid fencing shall be provided
around the entire installation to restrict views of the system (when
chain link fencing is proposed in conjunction with a landscape screen,
black vinyl coating should be provided). The screen may be provided
around the system or along property lines. The screen design should
include a multidimensional (multiple rows of vegetation of varying
heights and species) landscape plan. The minimum height of the screening
when installed shall be at least as high as the system/improvements
it is intended to screen (landscaping placed on top of berms is encouraged
to achieve the screening objective).
G.
General requirements.
(1)
Any principal building may contain more than one use.
Only one principal building is permitted on a lot.
(2)
Display or storage.
(a)
Unless otherwise specifically approved by the
Board as part of a site plan application, no merchandise, product,
equipment or similar material or objects shall be displayed or stored
outside.
(b)
Where merchandise, products, equipment or similar
material or objects are approved by the Board to be displayed or stored
outside, the materials shall be suitably screened to be obscured from
view.
(3)
All areas not utilized for buildings, parking, loading,
access aisles and driveways or pedestrian walkways shall be suitably
landscaped with shrubs, ground cover, seeding or plantings and maintained
in good condition.
(4)
All buildings shall be compatibly designed, whether
constructed all at one time or in stages over a period of time. All
building walls facing any street or residential district line shall
be suitably finished for aesthetic purposes, which shall not include
unpainted or painted cinder block or concrete block walls.
(5)
The minimum required yard setback area shall include
a planted buffer of 40 feet in width along any common property line
with a residential district. Within the required front yard area and
at least 40 feet adjacent to any lot line, there shall be no parking
or loading and, except for access driveways, the areas shall be planted
and maintained in lawn or ground cover and landscaped with evergreen
shrubbery.
(6)
A detailed description of the proposed industrial
process as well as its resulting products and by-products shall be
included in any development application.
(7)
Liquid waste and sewage shall be discharged into an
approved existing public sewage treatment plant or shall be treated
in a treatment plant or by a process which is in compliance with state
statutes and the requirements of the New Jersey Department of Environmental
Protection and Energy.
(8)
Precautions against fire hazards, air pollution, radiation
and explosion; provisions for the handling and storing of materials;
structural building design; and provisions for safeguarding the health
of workers shall be set forth and shall comply with applicable state
statutes and the requirements of the New Jersey Department of Environmental
Protection and Energy and Department of Labor and Industry.
(9)
No vibration or glare shall be evident at any point
more than 150 feet from the source of said vibration or light.
(10)
No more than two access driveways shall be permitted
for each 300 feet of street frontage. Access shall be provided to
the lot from an arterial road, where the lot abuts such road, or from
a major collector road in all other cases.
(11)
No critical acreage shall be developed.
H.
Minimum off-street parking. Each individual use shall
provide parking spaces to the following minimum provisions. Where
a permitted use of land includes different specific activities with
different specific parking requirements, the total number of required
parking spaces shall be obtained by individually computing the parking
requirements for each different activity and adding the resulting
numbers together.
(1)
One space for every 4,000 square feet or fraction
thereof of gross floor area for inside storage or warehousing, plus
one space for every 800 square feet or fraction thereof of gross floor
area used for research laboratories or limited manufacturing, plus
one space for every 200 square feet or fraction thereof of gross floor
area used for offices.
(2)
Child-care centers shall provide parking at a ratio
of one parking space per employee, plus one additional parking space
for every eight children. Adequate spaces shall be provided for the
loading and unloading of children, which shall take place on site
and not in the public right-of-way.
I.
Minimum off-street loading.
(1)
Each principal building shall provide at minimum one
off-street loading space at the side or rear of the building or within
the building. Each loading space shall be at least 15 feet in width
by 40 feet in length with adequate ingress and egress from a public
street and with adequate space for maneuvering. There shall be no
loading or unloading from the street.
(2)
There shall be at least one trash and garbage pickup
location, including provision for recyclable materials collected provided
by each building, which shall be separated from the parking spaces
by either a location within the building or in a pickup location outside
the building, which shall be a steel-like, totally enclosed container
located in a manner to be obscured from view from parking areas, streets
and adjacent residential uses or zoning districts by a fence, wall,
planting or combination of all three. If located within the building,
the doorway may serve both the loading and trash/garbage functions,
and, if located outside the building, it may be located adjacent to
or within the general loading area(s), provided that the container
in no way interferes with or restricts loading and unloading functions.
J.
Permitted signs.
(1)
Each principal use may have one sign, either freestanding
or attached, not exceeding an area equivalent to 10% of the front
facade of the principal building or 75 square feet, whichever is smaller.
Freestanding signs shall not exceed 10 feet in height and shall be
set back at least 30 feet from all property and street lines.
[Added 12-29-2000 by Ord. No. 120013; amended 5-13-2008 by Ord. No. 08-06; 4-12-2011 by Ord. No. 11-05]
A.
Purpose. The intent of this overlay zoning district is to enable
the development of Block 2.08, Lot 2 (the "North Tract"), and Block
21, Lot 21 (the "South Tract"), in accordance with a judicial consent
order dated February 9, 2011, entered in the matter captioned, Auburn
Land Corp., et al. v. The Township of Pilesgrove, et al. (the "court
order"). This zoning district is designated on the Zoning Map by a
cross-hatched overlay of the property that is the subject of the court
order.
C.
Accessory uses permitted shall be as follows:
(1)
Private residential swimming pools (see § 145-36 for standards), private tennis courts and other usual recreational facilities customarily associated with residential dwelling units.
(2)
Private residential sheds for the storage of objects owned by
the residents of the property, each not exceeding 15 feet in height.
D.
District bulk regulations.
(1)
The area, yard, and other bulk requirements shall be as follows:
|
Standard
|
Design Criteria
| |
|---|---|---|
|
Minimum lot size (square feet)
|
39,400
| |
|
Minimum lot frontage (feet)
|
130
| |
|
Minimum lot width (feet)
|
130
| |
|
Minimum lot depth (feet)
|
200
| |
|
Minimum front yard setback (feet)
|
40
| |
|
Minimum side yard setback (feet)
|
20
| |
|
Minimum rear yard setback (feet)
|
40
| |
|
Minimum accessory building setback (feet)
|
5
| |
|
Maximum building coverage (percent)
|
10%
| |
|
Maximum lot coverage (percent)
|
15%
| |
|
Maximum building height (feet)
|
35
|
(2)
Bulk standard exceptions. To foster site design flexibility
and compliance with the court order, the developer shall have a right
to the following exceptions to the district bulk regulations within
the North Tract only:
(a)
A maximum of four lots located along the western boundary of
the North Tract are permitted to have a lot depth that is less than
that required, provided that lot area, lot width, and lot frontage
standards are satisfied. The minimum lot depth for these depth exception
lots shall be 175 feet.
(b)
On lots with an agricultural buffer, the minimum lot size exclusive
of the agricultural buffer shall be 30,000 square feet.
E.
Development application. Any application for the development of the
specified tracts shall conform to following requirements from the
court order.
(1)
Development and concept plan. The developer shall be permitted
to subdivide and develop the North Tract and the South Tract with
a total of 70 residential building lots, a farm parcel, and stormwater
management and open space parcels in accordance with the concept plan
attached to the court order. The concept plan defines the general
layout of the proposed major subdivision and provides for 46 residential
lots on the North Tract and 24 residential lots plus the farm parcel
on the South Tract. The developer has conducted sufficient test borings
to confirm that the proposed lots can be developed in accordance with
the concept plan. Any preliminary major subdivision plan submitted
by the developer shall be substantially consistent with the concept
plan that is the basis of the court order.
(2)
Completeness. The developer shall submit an application for
preliminary major subdivision approval that represents a good faith
effort to comply with all applicable completeness requirements in
accordance with the time limits specified in the court order. The
submission checklist requirements that have been modified by the court
order are as follows:
(a)
Trees of 12 inches dbh and greater need only be reflected on
the subdivision plans within the limits of disturbance, and not for
the balance of the lots.
(b)
Plan sheets may be submitted at a one inch equals 50 feet scale.
(c)
The Phase I environmental site assessment shall not be a preliminary
subdivision application submission requirement but may be a condition
of preliminary subdivision approval.
(3)
Sanitary sewer services. Each residential lot in the development
shall be served by an individual septic system. The developer shall
undertake appropriate testing to insure that each lot is capable of
supporting an on-site disposal system. The Township shall cooperate
with the developer to obtain all such governmental permits required
for the proposed on-site septic systems. If any system proposed by
the developer is rejected, the Township shall cooperate with the developer
in the development and permitting of an alternative system.
[Amended 6-11-2013 by Ord. No. 13-04]
(a)
50+ certification. The developer shall demonstrate that the
project complies with the 50+ certification requirement by submitting
a letter from the NJDEP to that effect prior to the granting of final
subdivision approval by the Township.
(4)
Potable water service. The developer, consistent with DEP regulations,
may seek to provide on-lot water for each building lot.
(5)
Farm parcel. The farm parcel on the South Tract shall be deed
restricted to permit the construction of only one single-family residence,
along with other farm-related buildings and structures, within specified
building envelopes. The deed restriction shall be enforceable by the
Township, and shall be in a form substantially similar to restrictions
imposed by the State Agricultural Development Committee (the "SADC")
deed of easement, to the extent relevant and consistent with the court
order, subject to the developer's right to construct a residence and
farm buildings and structures, as provided in the court order.
(6)
Agricultural buffer. A seventy-five-foot wide agricultural buffer shall be established along the farm parcel property line, located entirely within the residential lots as shown on the concept plan attached to the court order. The buffer area will be fenced on the property line, landscaped, and bermed to provide an effective separation between the residential and agricultural uses. The area within the agricultural buffer is, by definition, excluded from the minimum lot area calculation in this overlay zoning district except as provided in Subsection D(2) of this section.
(7)
Landscape buffers. Landscaped buffers 40 feet in width shall
be provided around the entire site perimeter, along existing collector
roads, and along agricultural fields. The landscaping within these
buffers shall be sufficient to achieve an effective visual screen.
Where agricultural buffers are present, the landscaped buffers shall
be within the agricultural buffer.
(8)
Homeowners' association. Any homeowners' association ("HOA")
that is required as a condition of Planning Board approval must be
established by articles of incorporation, bylaws, and a recorded declaration
of covenants meeting the Township Solicitor's reasonable approval
prior to the signing of the final plat by the Planning Board Chairman
and Secretary. The HOA documents must be submitted for review and
approval by the Township Solicitor prior to execution, filing, or
recording. Any disputes with regard to the form of the HOA documents
may be submitted by the developer or the Township to the court for
adjudication by motion or cross-motions to be submitted under this
docket according to a schedule established by the court.
(9)
Escrow. In connection with any Planning Board application, the
developer shall post escrows for professional review as required by
the prevailing Township ordinances. The developer reserves the right
to dispute any amount of any requested deposit or any charge to the
escrow account. However, notwithstanding any other procedure established
under New Jersey law, any such dispute regarding the escrow amount
shall be submitted by the parties to the court-appointed Master (the
"Master") for resolution, and the decision of the Master shall be
binding on all parties and shall not be subject to further appeal
or review.
(10)
Vesting. Vesting shall be in accordance with the standards set
forth in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq. (the
"MLUL").
(11)
Recreation. In lieu of on-tract recreation, the developer shall
pay a recreation fee of $750 per building lot, due upon obtaining
building permits for each lot. In the event that collection of recreation
fees is barred by any judicial determination, the fees set forth herein
shall be deemed by the developer and the Township to be a municipal
fee, it being the intent of the parties that the fee be paid for some
public purpose regardless of any such judicial determination.
(13)
Judgment of compliance and repose. The court has entered a judgment
of compliance and repose in the matter entitled Kings Road LLC vs.
Twp. of Pilesgrove, et. al. Nothing herein is intended to change the
responsibilities of the Township or Planning Board under that judgment.
(14)
Review process. Any application submitted pursuant hereto shall
be reviewed by the Planning Board within the time limits set forth
in the MLUL, with such modifications as may be expressly set forth
herein:
(a)
Court-appointed Master. If requested by the developer or the
Township, the Master may provide assistance during Planning Board
review (including attendance at public meetings and with professionals),
in an advisory role only, for the purposes of mediating any dispute
and, if necessary, reporting to the court with regard thereto. Either
party may request mediation by the Master, which shall be concluded
within 30 days of any such request and with regard to which the parties
shall cooperate. If mediation fails, the Master shall submit a report
to the parties within 15 days of the conclusion of mediation specifying
the Master's recommendation which may be introduced by any party in
any court proceeding. Nothing contained herein shall limit the rights
of the parties to seek relief from the court. The Master's fees and
costs for with regard to such mediation and the application process
shall be borne 50% by the developer and 50% by the Township.
(b)
Fast-track review. The Planning Board shall conduct all development
plan reviews strictly in accordance with the MLUL as modified by the
court order and such compliance shall be deemed to be "fast-tracking"
as required by N.J.A.C. 5:93-10.1 et seq., N.J.A.C. 5:94-8.1 et seq.,
and applicable case law.
(c)
Completeness. The Planning Board shall within 20 days of receipt
thereof, make a determination as to the completeness of any application
submitted by the developer.
(d)
Scheduling. The first public hearing on the application shall
be scheduled for the first public meeting of the Planning Board scheduled
to occur after the application is deemed complete, consistent with
statutory notice requirements and the time set for professional review.
The Planning Board shall provide the applicant with preferential treatment
on regular agenda reviews.
(e)
Hearing procedures. Any application submitted pursuant to this
agreement shall be given priority status and, at each public hearing
date, no less than two hours shall be devoted to the application.
(f)
Special meetings. At its discretion, the Planning Board may
schedule such special meetings as necessary to accommodate the expedition
requirements as forth herein, provided that the developer shall reimburse
the Planning Board for any additional costs incurred as a result of
the need to hold a special meeting.
(g)
Professional review. Within 20 days of a determination by the
Planning Board that the application is complete, all professional
review shall be completed and reports served on the developer. These
reports shall be amended only in response to additional reports, if
any, filed later by the applicant. No new professional reports on
issues raised and addressed at the prior hearing shall be submitted.
(15)
Deed restriction. The deed restriction of the farm parcel shall
be a condition subsequent of preliminary and final approval. The farm
parcel shall be restricted prior to the signature of the final plat,
through the recording of a deed easement in a form reasonably deemed
acceptable to the Township Solicitor. The applicant shall not be permitted
to engage in any nonagricultural land disturbance or construction
on either tract until all applicable conditions of approval are satisfied,
including proper execution, recording and confirmation of priority
of the development easement, and the subsequent signature and filing
of the approved final plat.
(16)
Assignability. The developer's rights pursuant to the court
order shall be freely assignable.
F.
Home occupations.
(1)
Such occupation may be pursued in the principal dwelling unit
structure or in one or more secondary buildings, which are accessory
to such principal dwelling unit structure.
(2)
The use of the property for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than 20% of the gross floor area of all
buildings shall be used in the conduct of the home occupation.
(3)
No person other than members of the household residing on the
premises plus one outside employee or other assistant shall be engaged
in the occupation.
(4)
The residential character of the lot and building shall not
be changed, no occupational sounds shall be audible outside the building
and no equipment shall be used which will cause interference with
radio or television reception in neighboring residences. No display
of products shall be visible from the street, nor shall any materials
be stored outside the dwelling unit.
(5)
The home occupation shall not generate the business or care
of more than two clients at any one time and shall be by appointment
only. The home occupation shall not include the breeding, raising,
care, boarding or maintenance of animals.
(6)
The home occupation shall not necessitate the need to park more
than two vehicles any time in addition to those ordinarily used by
the residents of the home. Said vehicles shall be limited to passenger
automobiles and must be parked off street. The home occupation shall
not reduce the parking or yard requirements of the dwelling. There
may be parked on the premises not more than one vehicle owned or operated
in conjunction with the home occupation. No other vehicle(s) owned
or operated in conjunction with the home occupation shall be parked
overnight, stored or repaired, either on- or off-premises, within
a residential zone, and no such vehicles shall be parked overnight
or stored on a street.
(7)
There shall be no exterior evidence of the home occupation other than one unlighted nameplate identifying the home occupation only by name, title or hours of operation, not exceeding four square feet in area, either attached or freestanding, and set back at least 10 feet from all street rights-of-way and property lines. See § 145-34 for additional standards.
[Added 12-31-2002 by Ord. No. 0207]
A.
Minimum requirements.
(1)
Affordable housing. All multifamily residential
developments shall provide for affordable housing in accordance with
the set-aside or subsidized housing requirements of this section.
(2)
Tract size. A minimum tract of five acres shall
be required for multifamily residential developments with not less
than 300 feet of frontage on any improved or proposed public street.
(3)
Water allocation. All multifamily residential
developments shall provide evidence of adequate public water supply
from the Borough of Woodstown prior to be granting preliminary approval.
(4)
Wastewater allocation. All multifamily residential
developments shall be located within the planned sewer service area
of a publicly owned treatment works (POTW) (i.e., the Woodstown Sewerage
Authority) as shown in an approved wastewater management plan and
shall provide evidence of adequate wastewater allocation from the
POTW that has been approved by the NJDEP prior to being granted preliminary
approval.
[Amended 3-11-2003 by Ord. No. 0212]
(5)
Common ownership. Any tract of land to be developed
as a multifamily residential development shall be under common ownership.
B.
Principal permitted uses on the land and in buildings
shall be as follows:
C.
Accessory uses permitted shall be as follows:
(1)
Recreational facilities as approved by the Planning
Board as part of a site plan application for development.
(2)
Public utilities as conditional uses under N.J.S.A.
40:55D-67.
(3)
Off-street parking and private garages.
(4)
Fences and walls approved by the Planning Board
up to six feet in height with such fences and walls located on the
lot line as a shared element between the lots, except that fences
for specific recreational uses, such as enclosures for tennis court,
shall exceed six feet in height if specifically approved by the Planning
Board.
(5)
Signs.
(6)
Temporary construction trailers for the period
from issuance of a building permit to the issuance of a certificate
of occupancy.
D.
Rental housing options. The following rental housing
options are available in the AH-1 District:
[Amended 3-11-2003 by Ord. No. 0212]
(1)
The property can be developed a density up to
10 units per gross acre with a 15% set-aside requirement.
(2)
The property can be developed a density up to
the 10 units per gross acre with set-asides exceeding 15% if the developer
furnishes proof satisfactory to the Planning Board that the proposed
project is economically viable.
E.
Building height. No building shall exceed 35 feet in height and 2.5 stories except as allowed in § 145-40 of this chapter.
F.
Density. The maximum number of for-sale dwelling units
shall be computed on the basis of six units per gross acre of land.
The maximum number of rental dwelling units under the rental options
shall be computed on the basis of 10 units per gross acre of land,
provided that all other site design standards are satisfied.
G.
Set-aside requirements. All residential development
within the AH-I District shall comply with the following affordable
housing set-aside requirements:
[Amended 3-11-2003 by Ord. No. 0212]
(1)
If developed as a for-sale project, 20% of the
housing units shall be affordable and shall be deed restricted as
affordable housing pursuant to the requirements of the Council on
Affordable Housing and the Township housing plan.
(2)
If developed as a rental project, 15% of the
housing units shall be affordable and shall be deed restricted as
affordable housing pursuant to the requirements of the Council on
Affordable Housing and the Township housing plan.
(3)
The set-aside for rental housing may exceed
15% if the applicant furnishes the Planning Board sufficient proofs
to render the project affordable.
(4)
The distribution of low- and moderate-income
housing units shall conform to N.J.A.C. 5:93-7.2.
(5)
The bedroom distribution of the affordable housing
shall conform to N.J.A.C. 5:93-7.3.
(6)
The developer shall comply with any present
or future requirements of the New Jersey Council on Affordable Housing
(COAH) to make the affordable units credit worthy.
H.
Subsidized rental housing.
(1)
The percentage of affordable rental housing
may exceed 15% of the total units only if the developer obtains sufficient
grants and/or low-interest loans to underwrite the cost of constructing
the rental units or the cost of renting units at affordable levels.
(2)
Any developer that seeks to exercise this option
shall submit a detailed economic pro forma demonstrating the affordability
of the units and the long-term economic viability of the project.
(3)
Any such subsidized housing project shall make
adequate provision for the long-term maintenance of the site and units
in accordance with the accepted standards.
(4)
The Planning Board shall conduct a detailed
review and public hearing on the subsidized housing application before
determining whether the applicant has demonstrated the long-term viability
of the subsidized housing project.
(5)
The number of subsidized housing units constructed
shall not exceed the Township affordable housing obligation.
(6)
The sources of subsidy may include federal/state/local
grants and/or loans as well as grants and loans from nonprofit organizations.
I.
Bulk requirements.
(1)
Impervious surface ration. No more than 30%
of the gross lot area shall be devoted to impervious surfaces, exclusive
of recreation areas or areas devoted to structures.
(2)
Building setback. Every building shall have
a minimum setback of 30 feet from any public street and 10 feet from
any interior service road or parking area.
(3)
Building separation. A minimum distance of 30
feet shall separate all multifamily dwelling structures.
(4)
Building arrangement. Buildings shall be located
and design in a manner that will result in residential clusters centered
on landscaped common open space areas. Units in each residential cluster
shall be consistent in terms of architectural style and major design
elements, such as materials, windows, ornamentation, rooflines and
design.
(5)
Building design. Attached buildings shall have
breaks in both the roofline and front building walls, as specified
below:
(a)
Vertical breaks. A total break footage of four
vertical feet in minimum increments of 18 inches shall be included
in ever 160 horizontal feet.
(b)
Horizontal breaks. A total break footage of
eight horizontal feet in minimum increments of three feet shall be
included in every 160 horizontal feet.
J.
Garden apartments. The following regulations shall
apply only to garden apartments:
(1)
There shall be no dwelling units or portions
thereof located below the ground floor of the structure; and there
shall be no more than two stories in any structure.
(2)
There shall be a maximum of 10 units in any
structure, and the maximum length of any structure shall be 200 feet.
(3)
Entranceways to units shall not be combined
or located within the structure. Entranceways shall be plainly visible
from the street and/or adjoining units.
(4)
In addition to the normal means of ingress and
egress, each unit shall have a second means of ingress and egress
directly from the unit to the outside, such as off a balcony or patio.
(5)
Sufficient laundry, storage and other utility
areas shall be provided in locations convenient to all occupants and
shall be attached to a residential structure.[1]
[1]
Editor's Note: Former Subsection J(6), regarding
solid waste collection bins, which immediately followed this subsection,
was repealed 3-11-2003 by Ord. No. 0212.
K.
Townhouses. The following regulations shall apply
only to townhouses:
[Amended 3-11-2003 by Ord. No. 0212]
(1)
Townhouse units may either be fee simple for-sale
units or condominium for-sale units. In the case of for-sale fee simple
units, the site plan shall clearly define the private property limits.
(2)
No fewer than four dwelling units nor more than
12 dwelling units shall be located in any structure containing townhouses.
In addition, no more than eight townhouses shall be aligned to a single
row.
(3)
Townhouses shall be entered by a separate ground-level
entrance for each dwelling unit and shall have two means of ingress
and egress.
(4)
Separate laundry facilities shall be provided
in each dwelling unit.
(5)
Each townhouse dwelling unit shall be provided
with a private yard of not less than 500 square feet which shall be
screened or fenced to a height not less than five feet. These private
yards shall adjoin common open space or paths leading to common open
space.
(6)
The minimum width of a townhouse unit shall
be 20 feet.
L.
General design requirements. The following design
requirements apply to all multifamily residential developments:
[Amended 3-11-2003 by Ord. No. 0212]
(1)
Site improvement standards. All streets, off-street
parking, water supply, sanitary sewer and stormwater management improvements
shall be designed and constructed in accordance with the Residential
Site Improvement Standards (RSIS) pursuant to N.J.A.C. 5:21 et seq.
(2)
Architecture. Any multifamily residential development
shall be designed to be compatible with adjacent residential units
that conform to the zoning district regulations of the municipality.
Architectural elevations shall be submitted to the Planning Board
for review and approval.
(3)
Buffer requirement. A minimum buffer area of
30 feet shall be provided between a multifamily residential development
and adjacent properties on all sides. The buffer area shall be landscaped
to effectively screen the project from adjacent land uses. The buffer
requirement shall be waived along property lines that are contiguous
to multifamily developments under common ownership.
(4)
Solid waste collection bins shall be provided
in locations convenient to all residents and shall be placed on a
concrete pad. The detrimental effect of these areas shall be mitigated
by screening.
M.
Open space.
(1)
A minimum of 25% of the gross lot area shall
be devoted to common open space. Perimeter buffer strips shall not
be included in the calculation of open space.
(2)
The open space shall be designed to provide
semipublic and public open space in an interconnected and contiguous
manner. Access to the open space shall be provided from each dwelling
unit.
(3)
The required open space shall be appropriately
landscaped.
(4)
A minimum distance of 30 feet shall be established
between any active recreational facility and any residential units
or property lines.
N.
Recreation areas. All multifamily residential developments
shall have adequate recreational areas improved by the developer,
including physical facilities, equipment, access walkways and landscaping.
The Planning Board shall review the recreation plans in accordance
with the following criteria:
(1)
Any multifamily residential development shall
have a tot lot consisting of at least 5,000 square feet with suitable
equipment.
(2)
Any multifamily residential development shall
have adequate active recreational facilities, including at least one
tennis court and basketball court. The active recreation requirement
may be waived by the Planning Board if the developer demonstrates
that these requirements are being satisfied in other parts of the
multifamily residential development.
(3)
The recreation area is properly located and
buffered to prevent any nuisance conditions from affecting adjacent
dwelling units.
(4)
The proposed facilities are suited for their
intended use and will meet the needs of the prospective residents.[2]
[2]
Editor's Note: Former Subsection N(5), regarding
responsibility for maintenance of recreation and open space areas,
which immediately followed this subsection, was repealed 3-11-2003
by Ord. No. 0212.
O.
Open space maintenance. All common open space areas
and facilities shall be kept in proper maintenance and repair in accordance
with the following requirements:
(1)
In the case of rental housing, the owner of
the rental housing shall be responsible for open space maintenance
and repair.
(2)
In the case of condominium for-sale units, the
developer shall establish a condominium association that will be responsible
for the ownership and maintenance of the open space and any other
improvements not accepted by the Township.
(3)
In the case of fee simple for-sale units, the developer shall establish a homeowners' association for the ownership and maintenance of the common open space and any other improvements not accepted by the Township. Homeowners' associations and any other open space organizations shall be governed by § 145-43 of this chapter.
(4)
Submission of either condominium documents or
appropriate deed restrictions and/or maintenance bonds ensuring proper
maintenance of the building and common areas shall be required prior
to the issuance of final site plan approval.
[Added 7-12-2005 by Ord. No. 05-09;
amended 7-10-2007 by Ord. No. 07-10]
A.
Intent. The intent of the Conservation Zoning District
is to ensure the protection of freshwater wetlands and critical habitats
within the Township from disturbance or encroachment. The establishment
of this zoning district will ensure that these areas are conserved
and are not factored into land development applications.
B.
Limits of district. The Conservation Zoning District
is defined as the potential wetland areas shown in the NJDEP Geographic
Information System (GIS) database that are hydrologically related
to permanent streams. These limits shall be used as the district limit
unless a wetlands delineation has been undertaken that has been approved
by the NJDEP. In that event, the wetlands delineation referenced in
a letter of interpretation shall be the Conservation Zoning District
limit for the subject property.
C.
Permitted uses/activities. Permitted uses/activities
in the Conservation Zoning District shall be those defined in the
New Jersey Conservation and Historic Preservation Restriction Act
(N.J.S.A. 13:8B-1) which permits open land uses but not the erection
of structures in conservation areas.
D.
Bulk regulations/Conservation Zoning District.
(1)
Lot size. Any lots created within the conservation
zone shall be a minimum of five acres in size.
E.
Bulk regulations/development districts.
(1)
Lots created in adjacent zones shall, to the
extent possible, not include lands within the Conservation District
within development parcels. When conservation-zoned areas are included
within a development parcel, the Planning Board shall require a deed
or other document approved as to form by the Planning Board Solicitor
to be recorded in the office of the Salem County Clerk containing
a notice to inform all present and future owners of the development
parcel that the development parcel contains or may contain wetlands
and/or other environmentally sensitive areas, and that all present
and future owners of the development parcel must comply with all applicable
municipal, county, state, and federal laws and regulations that apply
to the development parcel and any wetlands and/or other environmentally
sensitive areas contained within it.
[Amended 12-28-2007 by Ord. No. 07-20]
(2)
All density, lot size, setback and bulk regulations
for the development districts shall be satisfied without the inclusion
of lands from the Conservation Zoning District. This provision will
ensure that there is adequate upland for development activities and
for the placement of the septic leach field. It will further ensure
that open space and buffer requirements will be satisfied with usable
upland rather than wetlands.
