[Amended 12-11-1984 by Ord. No. 8-84; 4-29-1999 by Ord. No. 4-99; 12-16-2002 by Ord. No. 2002-14; 10-25-2004 by Ord. No. 2004-22]
In order to regulate and limit the heights and size of buildings;
to regulate and limit the intensity of the use of land; to regulate
and determine the areas of open spaces surrounding buildings; and
to classify, regulate and restrict the location of trades and industries
and the location of the buildings designed for specified industrial,
business, residential and other uses, the Township of Eagleswood is
hereby divided into zones, which shall be known as:
RC
|
Residential District
|
R-A5
|
Residential District
|
R-A3
|
Residential District
|
R-1
|
Residential District
|
R-3
|
Residential District
|
R-2AH
|
Residential District
|
C-1
|
Marine Commercial District
|
C-2
|
Highway Commercial District
|
C-2/V
|
Highway Commercial/Village Zone District
|
C-3
|
Neighborhood Commercial District
|
LB
|
Limited Business Zone
|
PA
|
Preservation Area
|
FA
|
Forest Area
|
R/R-OS
|
Resort/Recreation-Open Space District
|
|
Airport Safety Hazard Overlay Zone
|
The boundaries of the various zones established herein are shown
upon the map accompanying this chapter, made a part thereof and entitled
"Official Zoning Map of Eagleswood Township." The Zoning Map and all
notations, references and other information shown thereon are a part
of this chapter and are as much a part as if such information set
forth on said map were fully described and set forth herein. This
Zoning Map, properly attested, is on file in the office of the Township
Clerk.
In the creation of the respective zones by this chapter, careful
consideration to the peculiar suitability of each and every zone for
the particular regulations applied thereto and the necessary, proper
and comprehensive grouping and arrangements of the various uses and
densities of population has been given.
Where uncertainty exists as to boundaries of any zone shown
on the Official Zoning Map, the following rules shall apply:
A. Where such zone boundaries are indicated as approximately following
street lines, streams or lot lines, such lines shall be such boundaries.
B. In unsubdivided property where a zone boundary divides a lot, the
location of such boundary, unless the same is indicated by dimensions,
shall be determined by use of the scale appearing on the map.
C. Where any street is hereafter officially vacated or abandoned, the
regulations applicable to each parcel of abutting property shall apply
to that portion of such street or alley added thereto by virtue of
such vacation or abandonment.
D. Where a question arises as to the exact location of a district boundary
line, the Land Use Board shall make the final determination in accordance
with such rules and regulations as it may hereafter adopt.
[Added 12-16-2002 by Ord. No. 2002-14]
A. Purpose. The purpose of this zone district is to recognize the environmental
sensitivity of the freshwater and tidal wetlands areas of Eagleswood
Township and the ecological importance for the coastal areas for wildlife
management. This zone district is to provide for public open space
and low-density residential uses.
B. Permitted principal uses of buildings and structures are as follows:
(1) Detached single-family dwelling units.
(2) Federal, state, county and municipal buildings, facilities and open
space preserves.
C. Permitted accessory uses of building and structures are as follows:
(1) Off-street parking and loading areas.
(2) Private residential swimming pools and tennis courts.
D. Permitted conditional uses, subject to the provisions of Article
IV of this chapter are as follows:
(1) Churches and nonprofit private schools.
(2) Campgrounds in existence at the time of the adoption of this chapter.
(3) Home occupations in accordance with the provisions of §
295-32B.
(4) Home professional offices in accordance with the provisions of §
295-32A.
(5) Private parks and playgrounds or private clubs operated for gain
or that charge a fee for membership privileges.
E. Area, yard and building requirements:
(1) Minimum lot area: 10 acres.
(2) Minimum lot width: 200 feet.
(3) Minimum lot depth: 200 feet.
(4) Minimum front yard setback: 50 feet.
(5) Minimum side yard setback: 25 feet.
(6) Minimum combined side yard setback: 50 feet.
(7) Minimum rear yard setback: 50 feet.
(8) Minimum accessory building side and rear yard setbacks: 15 feet.
(9) Maximum principal building height: 35 feet.
(10)
Maximum accessory building height: 24 feet.
(11)
Maximum lot coverage: 3%.
(12)
Lot frontage: 160 feet.
[Added 4-25-2005 by Ord. No. 2005-7]
F. Permitted signs.
(1) Signs advertising the sale, rent or lease of the land or buildings
upon which such signs are located. Such signs shall not exceed eight
square feet in area, shall be distant from the street line not less
than 1/2 of the front yard depth and shall not be illuminated.
(2) Signs or bulletin boards not exceeding 20 square feet in area, identifying
a public building, project, school or similar use. Such signs shall
be solely for the purpose of displaying the name of the building or
institution and its activity or service. They may be illuminated but
not flashing.
(3) A sign or nameplate, nonilluminated, identifying the owner or occupant
of the building or dwelling unit, provided that the surface area does
not exceed six square feet on any one side.
(4) Signs of a temporary nature that identify an engineering or architectural
contractor engaged in the construction of a building, provided that
the surface of such signs shall not exceed or total more than 32 square
feet in area, and provided that such signs are removed prior to occupancy
of the building.
[Added 12-16-2002 by Ord. No. 2002-14]
A. The purpose of this zone district is to recognize the lack of suitable
access and infrastructure in certain sections of the Township, regional
planning designations, to encourage development in centers and areas
of suitable access and infrastructure and to provide for an appropriate
rural residential density and uses.
B. Permitted principal uses of buildings and structures are as follows:
(1) Detached single-family dwelling units.
(2) All farm and agricultural activities, provided that no buildings
shall be permitted within 50 feet of any property line.
(3) Stables housing horses for private use, provided that no building
shall be located within 50 feet of any lot line.
(5) Federal, state, county and municipal buildings and grounds, including
public schools and public parks and playgrounds.
C. Permitted accessory uses of building and structures are as follows:
(1) Private swimming pools and tennis courts.
D. Permitted conditional uses, subject to the provisions of Article
IV of this chapter, are as follows:
(1) Churches and nonprofit private schools.
(2) Home occupations in accordance with the provisions of §
295-32B.
(3) Home professional offices in accordance with the provisions of §
295-32A.
(4) Private parks and playgrounds or private clubs operated for gain
or that charge a fee for membership privileges.
E. Area, yard and building requirements.
(1) Minimum lot area: five acres.
(2) Minimum lot width: 200 feet.
(3) Minimum lot depth: 200 feet.
(4) Minimum front yard setback: 50 feet.
(5) Minimum side yard setback: 25 feet.
(6) Minimum combined side yard setback: 50 feet.
(7) Minimum rear yard setback: 50 feet.
(8) Minimum accessory building side and rear yard setbacks: 15 feet.
(9) Maximum principal building height: 35 feet.
(10)
Maximum accessory building height: 24 feet.
(11)
Maximum lot coverage: 3%.
(12)
Lot frontage: 160 feet.
[Added 4-25-2005 by Ord. No. 2005-7]
F. Permitted signs.
(1) Signs advertising the sale, rent or lease of the land or buildings
upon which such signs are located. Such signs shall not exceed eight
square feet in area, shall be distant from the street line not less
than 1/2 of the front yard depth and shall not be illuminated.
(2) Signs or bulletin boards not exceeding 20 square feet in area, identifying
a public building, project, school or similar use. Such signs shall
be solely for the purpose of displaying the name of the building or
institution and its activity or service. They may be illuminated but
not flashing.
(3) A sign or nameplate, nonilluminated, identifying the owner or occupant
of the building or dwelling unit, provided that the surface area does
not exceed six square feet on any one side.
(4) Signs of a temporary nature that identify an engineering or architectural
contractor engaged in the construction of a building, provided that
the surface of such signs shall not exceed or total more than 32 square
feet in area, and provided that such signs are removed prior to occupancy
of the building.
[Added 12-16-2002 by Ord. No. 2002-14]
A. Purpose. The purpose of this zone district is to recognize the lack
of suitable access and infrastructure in certain sections of the Township,
regional planning designations, to encourage development in centers
and areas of suitable access and infrastructure and to provide for
an appropriate rural residential density and uses.
B. Permitted principal uses of buildings and structures are as follows:
(1) Detached single-family dwelling units.
(2) All farm and agricultural activities, provided that no building shall
be permitted within 50 feet of any property line.
(3) Stables housing horses for private use, provided that no building
shall be located within 50 feet of any lot line.
(5) Federal, state, county and municipal buildings and grounds, including
public schools and public parks and playgrounds.
C. Permitted accessory uses of building and structures are as follows:
(1) Private residential swimming pools and tennis courts.
D. Permitted conditional uses, subject to the provisions of Article
IV of this chapter, are as follows:
(1) Churches and nonprofit private schools.
(2) Home occupations in accordance with the provisions of §
295-32B.
(3) Home professional offices in accordance with the provisions of §
295-32A.
(4) Private parks and playgrounds or private clubs operated for gain
or that charge a fee for membership privileges.
E. Area, yard and building requirements.
(1) Minimum lot area: three acres.
(2) Minimum lot width: 200 feet.
(3) Minimum lot depth: 200 feet.
(4) Minimum front yard setback: 50 feet.
(5) Minimum side yard setback: 25 feet.
(6) Minimum combined side yard setback: 50 feet.
(7) Minimum rear yard setback: 50 feet.
(8) Minimum accessory building side and rear yard setbacks: 15 feet.
(9) Maximum principal building height: 35 feet.
(10)
Maximum accessory building height: 24 feet.
(11)
Maximum lot coverage: 3%.
(12)
Lot frontage: 160 feet.
[Added 4-25-2005 by Ord. No. 2005-7]
F. Permitted signs.
(1) Signs advertising the sale, rent or lease of the land or buildings
upon which such signs are located. Such signs shall not exceed eight
square feet in area, shall be distant from the street line not less
than 1/2 of the front yard depth and shall not be illuminated.
(2) Signs or bulletin boards not exceeding 20 square feet in area, identifying
a public building, project, school or similar use. Such signs shall
be solely for the purpose of displaying the name of the building or
institution and its activity or service. They may be illuminated but
not flashing.
(3) A sign or nameplate, nonilluminated, identifying the owner or occupant
of the building or dwelling unit, provided that the surface area does
not exceed six square feet on any one side.
(4) Signs of a temporary nature that identify an engineering or architectural
contractor engaged in the construction of a building, provided that
the surface of such signs shall not exceed or total more than 32 square
feet in area, and provided that such signs are removed prior to occupancy
of the building.
[Amended 7-6-1979 by Ord. No. 7-79; 6-22-1982 by Ord. No. 8-82; 12-11-1984 by Ord. No. 8-84; 9-8-1987 by Ord. No. 12-87]
A. Permitted uses.
(3) Public parks and playgrounds.
[Amended 12-16-2002 by Ord. No. 2002-14]
(4) Accessory uses and buildings.
(5) Municipal buildings deemed necessary by the Township of Eagleswood.
B. Conditional uses, subject to the provisions of Article
IV of this chapter.
(1) Necessary public utilities.
(2) Public governmental buildings other than those required by the Township.
(3) Church and nonprofit private schools.
C. Minimum building size and height limit.
(1) Residential dwellings: 35 feet.
(2) Accessory buildings: 24 feet.
(3) Minimum gross habitable floor area.
(a)
One-bedroom dwelling: 800 square feet.
(b)
Two-bedroom dwelling: 900 square feet.
(c)
Three-bedroom dwelling: 1,000 square feet.
(d)
Four-or-more-bedroom dwelling: 1,100 square feet.
D. Minimum lot requirements.
(3) Minimum lot frontage.
(b)
Corner lot: 125 feet on both streets.
E. Minimum yard requirements.
(1) Front yard: 40 feet; except on major streets: 60 feet.
(4) Accessory buildings, unattached.
F. Permitted signs.
(1) Signs advertising the sale, rent or lease of the land or buildings
upon which such signs are located. Such signs shall not exceed eight
square feet in area, shall be distant from the street line not less
than 1/2 of the front yard depth and shall not be illuminated.
(2) Signs or bulletin boards not exceeding 20 square feet in area, identifying
a public building project, school or similar use. Such signs shall
be solely for the purpose of displaying the name of the building or
institution and its activity or service. They may be illuminated but
not flashing.
(3) A sign or nameplate, nonilluminated, identifying the owner or occupant
of the building or dwelling unit, provided that the surface area does
not exceed six square feet on any one side.
(4) Signs of a temporary nature that identify an engineering or architectural
contractor engaged in the construction of a building, provided that
the surface of such signs shall not exceed or total more than 32 square
feet in area, and provided that such signs are removed prior to occupancy
of the building.
[Amended 12-11-1984 by Ord. No. 8-84; 9-8-1987 by Ord. No. 12-87]
A. Permitted uses.
(3) Public parks and playgrounds.
[Amended 12-16-2002 by Ord. No. 2002-14]
(4) Accessory uses and buildings.
(5) Municipal buildings deemed necessary by the Township of Eagleswood.
(6) Bed-and-breakfast in accordance with Article
XIII of this chapter and the guidelines set forth in §§
295-89 through
295-92.
[Added 12-16-2002 by Ord. No. 2002-14]
B. Conditional uses, subject to the provisions of Article
IV of this chapter.
(1) Necessary public utilities.
(2) Public or governmental buildings other than those required by the
Township.
(3) Church and nonprofit private schools and cemeteries.
C. Minimum building size and height limit.
(1) Residential dwellings: 35 feet.
(2) Accessory buildings: 24 feet.
(3) Minimum gross habitable floor area.
(a)
One-bedroom dwelling: 800 square feet.
(b)
Two-bedroom dwelling: 900 square feet.
(c)
Three-bedroom dwelling: 1,000 square feet.
(d)
Four-or-more-bedroom dwelling: 1,100 square feet.
D. Minimum lot requirements.
(1) Lot area: 15,000 square feet.
(3) Minimum lot frontage.
(b)
Corner lot: 100 feet on both streets.
E. Minimum yard requirements.
(1) Front yard: 40 feet; except on major streets: 60 feet.
(4) Accessory buildings, unattached.
F. Permitted signs.
(1) Signs advertising the sale, rent or lease of land or buildings upon
which such signs are located. Such signs shall not exceed eight square
feet in area, shall be distant from the street line not less than
1/2 of the front yard depth and shall not be illuminated.
(2) Signs or bulletin boards not exceeding 20 square feet in area, identifying
a public building project, school or similar use. Such signs shall
be solely for the purpose of displaying the name of the building or
institution and its activity or service. They may be illuminated but
not flashing.
(3) A sign or nameplate, nonilluminated, identifying the owner or occupant
of the building or dwelling unit, provided that the surface area does
not exceed six square feet on any one side.
(4) Signs of a temporary nature that identify an engineering or architectural
contractor engaged in the construction of a building, provided that
the surface of such signs shall not exceed or total more than 32 square
feet in area, and provided that such signs are removed prior to occupancy
of the building.
[Added 6-27-2005 by Ord. No. 2005-9; amended 8-22-2005 by Ord. No.
2005-12]
The R-2AH Residential Zone shall consist of Block 4, Lot 211
as shown on the Tax Map of the Township of Eagleswood.
A. Permitted uses.
(3) Public parks and playgrounds.
(4) Accessory uses and buildings.
(5) Municipal buildings deemed necessary by the Township of Eagleswood.
B. Conditional uses, subject to the provisions of Article
IV of this chapter.
(1) Necessary public utilities.
(2) Public or governmental buildings other than those required by the
Township.
C. Maximum building size and height limit.
(1) Residential dwellings: 35 feet.
(2) Accessory buildings: 12 feet.
(3) Minimum gross habitable floor area:
(a)
One-bedroom dwelling: 800 square feet.
(b)
Two-bedroom dwelling: 900 square feet.
(c)
Three-bedroom dwelling: 1,000 square feet.
(d)
Four-or-more-bedroom dwelling: 1,100 square feet.
D. Minimum lot requirements.
(1) Lot area: 20,000 square feet.
(4) Minimum lot frontage: 80 feet.
E. Minimum yard requirements.
(4) Accessory buildings, unattached.
(5) Setbacks from Route 9.
(a) Principal buildings: 100 feet.
(b) Accessory buildings: 50 feet.
F. Permitted signs.
(1) Signs advertising the sale, rent or lease of land or buildings upon
which such signs are located. Such signs shall not exceed eight square
feet in area, shall be distant from the street line not less than
1/2 of the front yard depth and shall not be illuminated.
(2) Signs or bulletin boards not exceeding 20 square feet in area, identifying
a public building project, school or similar use. Such signs shall
be solely for the purpose of displaying the name of the building or
institution and its activity or service. They may be illuminated but
not flashing.
(3) A sign or nameplate, nonilluminated, identifying the owner or occupant
of the building or dwelling unit, provided that the surface area does
not exceed six square feet on any one side.
(4) Signs of a temporary nature that identify an engineering or architectural
contractor engaged in the construction of a building, provided that
the surface of such signs shall not exceed or total more than 32 square
feet in area, and provided that such signs are removed prior to occupancy
of the building.
G. Affordable housing. Notwithstanding any other chapter provisions,
a developer of residential housing units within this zone, in lieu
of setting aside housing units for low- and moderate-income households,
may by agreement with the municipality make a payment into the Township
of Eagleswood municipal affordable housing trust fund.
H. Culs-de-sac. Notwithstanding any other chapter provisions, the maximum
cul-de-sac length shall be 1,500 feet.
I. Nonapplicability of certain chapter provisions. Notwithstanding any
other chapter provisions, chapter provisions governing tree removal
or tree restoration by landscaping or reforestation shall not be applicable
to development in this zone district.
[Amended 7-10-1984 by Ord. No. 5-84; 12-11-1984 by Ord. No. 8-84; 9-8-1987 by Ord. No. 12-87]
A. Permitted uses.
(2) Boat sales, rental and repairs; service and retail sale of bait and
tackle.
(3) Marine accessories, hardware and fuel and service.
(5) Restaurants and food stores, which include places for the sale of
soft drinks, ice cream, etc.
(6) Uses of local, neighborhood marine-oriented business nature.
(7) Radio equipment sales and service.
(8) Home occupation.
[Added 5-15-1997 by Ord. No. 8-97; amended 12-16-2002 by Ord. No.
2002-14]
(9) Bed-and-breakfast in accordance with Article
XIII of this chapter and the guidelines set forth in §§
295-89 through
295-92.
[Added 12-16-2002 by Ord. No. 2002-14]
C. Building height limit and area.
(2) Commercial business and professional buildings shall have a minimum
of 860 square feet.
(3) Minimum floor area per unit.
(a)
One-story, one-bedroom: 700 square feet.
(b)
One-story, two-bedroom: 800 square feet.
(c)
One-story, three-bedroom: 900 square feet.
(d)
Two-story: same square footage as one-story, provided the minimum
first-story elevation is 75% of the total square footage.
D. Minimum lot requirements.
(1) Lot area: 10,000 square feet.
(4) Minimum lot frontage: 80 feet.
E. Minimum yard requirements.
(4) Accessory buildings, unattached.
(c) Height: 24 feet.
[Added 5-22-2006 by Ord. No. 2006-11]
F. Off-street parking shall be as provided in §
295-27.
G. Permitted signs.
(1) A business or advertising freestanding sign not in excess of 32 square
feet in surface area per side that may advertise trade names, products
and prices.
[Amended 5-15-1997 by Ord. No. 8-97]
(2) One wall sign shall be permitted for each principal use in a building.
However, wall signs shall not extend more than 12 inches from the
face of the building, nor shall same exceed 20% of the wall area.
(3) Flashing signs or signs with intermittent or moving illumination
of any kind shall be prohibited.
(4) No part of any sign shall be closer than 10 feet to a street right-of-way
line or 10 feet to any lot line.
(5) No person shall place, maintain or display, upon or in view of any
street, any unauthorized sign, signal, marking or device which is
an imitation of or resembles an official traffic control device or
railroad sign or signal or which attempts to disrupt the movement
of traffic. No person shall place, maintain or display any sign which
hides from view or interferes with the movement of traffic or the
effectiveness of any traffic control device.
(6) No sign shall be constructed or erected above the permitted building
height limit, nor shall any sign be erected on or be attached to a
roof of any building.
H. Notwithstanding the provisions of this section, a building permit
for the construction of one single-family residence and permitted
accessory uses may be issued for such construction on existing tax
lots of record on May 1, 1984, provided the following conditions can
be met:
(1) The lot has a minimum of 40 feet of frontage on an improved public
street;
(2) The lot has a minimum area of 4,000 square feet;
(3) Minimum front yard setback is 20 feet; and
(4) Minimum side yard setback is five feet, and the combined side yard
setback is 15 feet.
[Amended 12-11-1984 by Ord. No. 8-84; 9-8-1987 by Ord. No. 12-87]
A. Permitted uses.
(1) Any use permitted in the C-1 and C-3 Districts, with the exception of residential uses, which shall not be permitted. All residential uses existing prior to April 27, 2009, shall be considered permitted uses and may proceed with applications or permits as long as they comply with the regulations established within Chapters
285 and
295.
[Amended 4-27-2009 by Ord. No. 2009-02]
(2) Auto, truck and trailer sales, service, storage, repair, parking
or sales lots for new or used vehicles, provided that dismantled or
junked cars unfit for operation on the highway shall not be stored
therein.
(3) Automobile service stations, provided that all gasoline pumps or
appliances for dispensing gasoline which are installed outside of
enclosed buildings shall be located not less than 30 feet from the
street right-of-way.
(4) Bakeries, whose products may be sold at retail or wholesale.
(5) Department stores and retail stores.
(6) Drive-ins and open-air restaurants.
(7) Boat sales and service establishments and marinas.
(9) Offices of a commercial nature, where the business conducted on the
premises is entirely within a completely enclosed building or where
there is no storage of supplies or equipment on any required front
or side yard. Contractor storage and warehousing shall not be considered
a permitted use.
[Amended 4-24-2006 by Ord. No. 2006-9]
(10)
Sales, service and repair establishments dealing with cabinets
and electrical, heating, air-conditioning, plumbing or printing equipment.
(11)
Liquor stores, taverns or bars.
(12)
Restaurants, diners, etc., including the sale of alcoholic beverages.
(13)
Home occupation.
[Amended 12-16-2002 by Ord. No. 2002-14]
(14)
Health-care facility.
[Amended 12-16-2002 by Ord. No. 2002-14]
(15)
Bed-and-breakfast in accordance with Article
XIII of this chapter and the guidelines set forth in §§
295-89 through
295-92.
[Added 12-16-2002 by Ord. No. 2002-14]
C. Building height limit shall not exceed 45 feet.
D. Minimum lot requirements.
(1) Lot area: 30,000 square feet.
(2) Minimum lot width: 150 feet.
(4) Minimum lot frontage: 150 feet.
E. Minimum building setbacks.
(1) Front: 30 feet.
[Amended 4-27-2009 by Ord. No. 2009-02]
(4) Accessory buildings, unattached.
(c) Height: 24 feet.
[Added 5-22-2006 by Ord. No. 2006-11]
F. Off-street parking shall be as provided in §
295-27.
G. Permitted signs.
(1) A business or advertising freestanding sign not in excess of 32 square
feet in surface area per side that may advertise trade names, products
and prices.
[Amended 5-15-1997 by Ord. No. 8-97]
(2) A shopping center shall be permitted two freestanding business signs
each not over 32 square feet in surface area per side. No part of
either sign shall be closer than 10 feet from a street right-of-way
line or 10 feet from a side lot line. When only one such identification
sign is erected, the total surface area may be increased by 50%.
(3) No part of any sign shall be closer than 10 feet to a street right-of-way
line or 10 feet to a side lot line.
[Amended 5-15-1997 by Ord. No. 8-97]
(4) One wall sign shall be permitted for each principal use contained
within a building. Wall signs, however, shall not extend more than
12 inches from the face of the building, nor shall the same exceed
20% of the area of the wall upon which the sign is mounted.
[Added 5-15-1997 by Ord. No. 8-97]
(5) Flashing signs or signs with intermittent or moving illumination
of any kind shall be prohibited.
[Added 8-22-2005 by Ord. No. 2005-14]
[Added 12-16-2002 by Ord. No. 2002-14]
A. Purpose. The purpose of the Highway Commercial/Staffordville Village
Zone District is to provide a compact core of commercial and mixed
use land uses offering services, employment and community activities
for the residents of Staffordville and the surrounding area. The zone
district is intended to be pedestrian-oriented and contain public
facilities. In accordance with these public purposes, development,
redevelopment and reuse applications are encouraged to implement the
municipal goals of this district through the following measures:
(1) Shared parking facilities, cross-access easements between parking
areas.
(2) Parking situated in the rear or sides of buildings to enhance pedestrian
access.
(3) Access walkways from one building to another, where appropriate,
to encourage pedestrian circulation.
(4) Streetscape features, including sidewalks, sitting areas (benches
or ledges) or small semipublic areas, to enhance pedestrian usage.
(5) Architectural treatments, which are compatible with the surrounding
uses, complementary to the Village Center and consistent with the
Township's history and character.
(6) Landscaped and green areas around buildings and within parking areas
which exceed municipal standards.
B. Permitted principal uses of buildings and structures are as follows:
(1) Any use permitted in the C-1 and C-3 Districts, with the exception of residential uses, which shall not be permitted. All residential uses existing prior to April 27, 2009, shall be considered permitted uses and may proceed with applications or permits as long as they comply with the regulations established within Chapters
285 and
295.
[Amended 4-27-2009 by Ord. No. 2009-02]
(2) Auto, truck and trailer sales, service, storage, repair, parking
or sales lots for new or used vehicles, provided that dismantled or
junked cars unfit for operation on the highway shall not be stored
therein.
(3) Automobile service stations, provided that all gasoline pumps or
appliances for dispensing gasoline which are installed outside of
enclosed buildings shall be located not less than 30 feet from the
street right-of-way.
(4) Bakeries, whose products may be sold at retail or wholesale.
(5) Department stores and retail stores.
(6) Drive-ins and open-air restaurants.
(7) Boat sales and service establishments and marinas.
(9) Offices of a commercial nature, where the business conducted on the
premises is entirely within a completely enclosed building or where
there is no storage of supplies or equipment on any required front
or side yard. Contractor storage and warehousing shall not be considered
a permitted use.
[Amended 4-24-2006 by Ord. No. 2006-9]
(10)
Sales, service and repair establishments dealing with cabinets
and electrical, heating, air-conditioning, plumbing or printing equipment.
(11)
Liquor stores, taverns or bars.
(12)
Restaurants, diners, etc., including the sale of alcoholic beverages.
C. Permitted accessory uses of buildings and structures are as follows:
(1) Parking and loading facilities.
D. Permitted conditional uses, in accordance with Article
IV of this chapter, are as follows:
(1) An owner-occupied single-family residential unit as an upper-floor
use above a specified nonresidential use otherwise permitted in the
C-2/V Zone, and further provided that:
(a)
The nonresidential use shall be located on the ground-floor
level.
(b)
Separate access for the residential use is provided.
(c)
Off-street parking for the residential unit is provided in accordance
with the New Jersey Residential Site Improvement Standards, N.J.A.C.
5:21, as amended.
(d)
Minimum residential unit requirements. The residential unit
shall contain complete kitchen, toilet, bathing, sleeping facilities
and living space.
(e)
In no case shall there be more than one residential unit per
structure or lot.
(f)
An owner-occupied single-family residential unit shall only
be allowed over the following permitted uses:
[1]
Boat sales, service and retail sales of bait and tackle.
[3]
Radio equipment sales and service.
[6]
Commercial and professional offices.
[7]
Sales, service and repair establishments dealing with cabinets
and electrical, heating, air-conditioning, plumbing or printing equipment.
[8]
Barbershops or beauty parlors.
[12] Hardware and furniture stores.
[15] Shops for the repair of bicycles, shoes, watches,
locks, electrical and radio equipment or similar commodities and small
appliances.
[16] Tailoring and dressmaking, but not laundromats
and dry-cleaning establishments.
[Amended 4-27-2009 by Ord. No. 2009-02]
[17] Taxis, autocabs, limousine and livery services.
E. Minimum lot requirements.
(1) Lot area: 30,000 square feet.
(2) Minimum lot width: 150 feet.
(4) Minimum lot frontage: 150 feet.
F. Minimum building setbacks.
(1) Front: 30 feet.
[Amended 4-27-2009 by Ord. No. 2009-02]
(4) Accessory buildings, unattached.
(c) Height: 24 feet.
[Added 5-22-2006 by Ord. No. 2006-11]
G. Off-street parking shall be as provided in §
295-27.
H. Permitted signs.
(1) A business or advertising freestanding sign not in excess of 32 square
feet in surface area per side that may advertise trade names, products
and prices.
(2) A shopping center shall be permitted two freestanding business signs,
each not over 32 square feet in surface area per side. No part of
either sign shall be closer than 10 feet from a street right-of-way
line or 10 feet from a side lot line. When only one such identification
sign is erected, the total surface area may be increased by 50%.
(3) No part of any sign shall be closer than 10 feet to a street right-of-way
line or 10 feet to a side lot line.
(4) One wall sign shall be permitted for each principal use contained
within a building. Wall signs, however, shall not extend more than
12 inches from the face of the building, nor shall the same exceed
20% of the area of the wall upon which the sign is mounted.
(5) Flashing signs or signs with intermittent or moving illumination
of any kind shall be prohibited.
[Added 8-22-2005 by Ord. No. 2005-14]
I. Building height shall not exceed 45 feet.
[Added 9-22-2003 by Ord. No. 2003-11]
[Amended 12-11-1984 by Ord. No. 8-84; 9-8-1987 by Ord. No. 12-87; 12-16-2002 by Ord. No. 2002-14]
A. Purpose. The purpose of the C-3 Neighborhood Commercial District,
the West Creek Village, is to implement the intent of the Master Plan
and provide a compact core of commercial and mixed uses, such as commercial,
office and cultural, and offer services, employment and community
activities to the residents of West Creek and the surrounding area.
The zone district is intended to be pedestrian-oriented and contain
public facilities. In accordance with these public purposes, development,
redevelopment and reuse applications are encouraged to implement the
municipal goals of this district through the following measures:
(1) Shared-parking facilities and cross-access easements between parking
areas.
(2) Parking situated in the rear or sides of buildings to enhance pedestrian
access.
(3) Access walkways from one building to another, where appropriate,
to encourage pedestrian circulation.
(4) Streetscape features, including street trees and landscaping, brick
pavers, sidewalks, sitting areas (benches or ledges) or small semipublic
areas, to enhance pedestrian usage.
(5) Architectural treatments, which are compatible with the surrounding
uses, complementary to the Village Center and consistent with the
Township's history and character.
(6) Landscaped and green areas around buildings and within parking areas
which enhances the overall character of the development.
B. Permitted uses.
(1) Any permitted use in R-1 or R-3 Residential Zones.
(2) Bakeries, provided that products are sold at retail on the premises.
(3) Banks; savings and loans.
(4) Barbershops and beauty parlors.
(5) Business and professional offices.
(10)
Hardware and furniture stores.
(14)
Shops for the repair of bicycles, shoes, watches, locks, electrical
and radio equipment.
(15)
Tailoring and dressmaking, but not laundromats and dry-cleaning
establishments.
[Amended 4-27-2009 by Ord. No. 2009-02]
(17)
Propane gas storage in accordance with the National Fire Protection
Association standards.
(18)
Boat sales and rental service and retail sale of bait and tackle.
(19)
Marine accessories, fuel and services.
(20)
Taxis, autocabs, limousines and livery services.
[Added 7-10-1990 by Ord. No. 14-90]
(21)
Home occupation.
[Added 5-15-1997 by Ord. No. 8-97]
C. Conditional use.
(1) An owner-occupied single-family residential unit as an upper-floor
use above a specified nonresidential use otherwise permitted in the
C-3 Neighborhood Commercial Zone, and further provided that:
(a)
The nonresidential use shall be located on the ground-floor
level.
(b)
Separate access for the residential use is provided.
(c)
Off-street parking for the dwelling unit is provided in accordance
with the New Jersey Residential Site Improvement Standards, N.J.A.C.
5:21, as amended.
(d)
Minimum dwelling unit requirements. The dwelling unit shall
contain complete kitchen, toilet, bathing, sleeping facilities and
living space.
(e)
In no case shall there be more than one dwelling unit per structure
or lot.
(2) An owner-occupied single-family residential unit shall only be allowed
over the following permitted uses:
(b)
Barbershops or beauty parlors.
(c)
Business and professional offices.
(g)
Hardware and furniture stores.
(j)
Shops for the repair of bicycles, shoes, watches, locks, electrical
and radio equipment or similar commodities and small appliances.
(k)
Tailoring and dressmaking, but not laundromats and dry-cleaning
establishments.
[Amended 4-27-2009 by Ord. No. 2009-02]
(l)
Boat sales; service and retail sale of bait and tackle.
(m)
Taxis, autocabs, limousine and livery services.
D. Building height limit and area.
(2) Business and professional buildings shall have a minimum of 860 square
feet.
(3) Minimum floor area per unit.
(a)
One-story, one-bedroom: 700 square feet.
(b)
One-story, two-bedroom: 800 square feet.
(c)
One-story, three-bedroom: 900 square feet.
(d)
Two-story: same square footage as one-story, provided the minimum
first-story elevation is 75% of the total square footage.
E. Minimum lot requirements.
(1) Lot area: 15,000 square feet.
(2) Minimum lot width: 90 feet.
(4) Minimum lot frontage: 90 feet.
[Added 7-26-1988 by Ord. No. 17-88]
F. Minimum yard requirements.
(4) Accessory buildings, unattached.
(c) Height: 24 feet.
[Added 5-22-2006 by Ord. No. 2006-11]
G. Off-street parking shall be as provided in §
295-27.
H. Permitted signs.
(1) A business or advertising freestanding sign not in excess of 32 square
feet in surface area per side may advertise trade names, products
and prices.
[Amended 5-15-1997 by Ord. No. 8-97]
(2) No part of any sign shall be closer than 10 feet to a street right-of-way
line or 10 feet to a side lot line.
(3) One wall sign shall be permitted for each principal use in a building.
However, wall signs shall not extend more than 12 inches from the
face of the building, nor shall same exceed 20% of the wall area.
(4) Flashing signs or signs with intermittent or moving illumination
of any kind shall be prohibited.
(5) No person shall place, maintain or display, upon or in view of any
street, any unauthorized sign, signal, marking or device which is
an imitation of or resembles an official traffic control device or
railroad sign or signal or which attempts to disrupt the movement
of traffic. No person shall place, maintain or display any sign which
hides from view or interferes with the movement of traffic or the
effectiveness of any traffic control device.
(6) No sign shall be constructed or erected above the permitted building
height limit, nor shall any sign be erected on or be attached to a
roof of any building.
[Amended 4-29-1999 by Ord. No. 4-99]
A. Permitted uses. The following uses shall be permitted in the LB Zone.
The code numbers and descriptions of permitted uses have been drawn
from the North American Industry Classification System (NAICS), United
States, 1997 (United States Office of Management and Budget). The
industry codes and descriptions contained therein, by reference, are
adopted for the purposes of this subsection. (A copy of the NAICS
is on file and may be reviewed at the Eagleswood Township Clerk's
office during regular business hours.)
|
NAICS
Code No.
|
Description
|
---|
|
11141
|
Food Crops Grown Under Cover
|
|
111411
|
Mushroom Production
|
|
111419
|
Other Food Crops Grown Under Cover
|
|
11251
|
Animal Aquaculture
|
|
112511
|
Finfish Farming and Fish Hatcheries
|
|
112519
|
Other Animal Aquaculture
|
|
11291
|
Apiculture
|
|
23322
|
Multifamily Housing Construction
|
|
23331
|
Manufacturing and Industrial Building Construction
|
|
23332
|
Commercial and Institutional Building Construction
|
|
2351
|
Plumbing, Heating and AC Contractor
|
|
2352
|
Painting and Wall Covering Contractors
|
|
2353
|
Electrical Contractors
|
|
2354
|
Masonry/Drywall/Insulation/Tile Contractors
|
|
2355
|
Carpentry and Flooring Contractors
|
|
2356
|
Roofing, Siding, and Sheet Metal Contractors
|
|
2357
|
Concrete Contractors (no asphalt storage)
|
|
2358
|
Water Well Drilling Contractors
|
|
4881
|
Air Transportation Support Activities (not to be deemed to permit
air courier and air cargo services)
|
|
5111
|
Newspaper/Periodical/Book/Database Publishers
|
|
5112
|
Software Publisher
|
|
51212
|
Motion Picture and Video Distribution
|
|
51219
|
Postproduction and Other Movie and Video Industries
|
|
5122
|
Sound Recording Industries
|
|
514
|
Information and Data Processing Services
|
|
521
|
Monetary Authorities — Central Bank
|
|
522
|
Credit Intermediation and Related Activities
|
|
523
|
Security, Commodity Contracts and Like Activities
|
|
524
|
Insurance Carriers and Related Activities
|
|
525
|
Funds, Trusts and Other Financial Vehicles
|
|
53113
|
Lessors of Mini Warehouse and Self-Storage Units
|
|
541
|
Professional, Scientific and Technical Services (except 54194
and 54199)
|
B. Permitted accessory uses.
(1) Other customary accessory uses and buildings which are clearly incidental
to the principal use and building.
(2) Setbacks for such accessory uses and buildings shall be 25 feet for
side and 40 feet rear; height: 35 feet.
[Added 5-22-2006 by Ord. No. 2006-11]
(3) Notwithstanding Subsection
B(2) above, sheds in the size of 200 square feet or less shall have a setback of 10 feet for side yard and 10 feet for rear yard; height: 15 feet.
[Added 5-22-2006 by Ord. No. 2006-11]
C. Schedule of minimum requirements.
(1) Minimum lot size: one acre.
(2) Minimum lot width: 150 feet.
(3) Minimum lot frontage: 150 feet.
(4) Minimum front yard setback: 50 feet.
(5) Minimum rear yard setback: 40 feet.
(6) Minimum side yard setback: 25 feet.
(7) Maximum building height: 35 feet.
(8) Maximum lot coverage by building(s): 40%.
D. Permitted signs shall be any sign permitted in the C-2 Highway Commercial
District. No temporary signs are permitted.
(1) Maximum height: 10 feet, no temporary signs.
(2) Minimum setback (all property lines): 10 feet.
E. Supplementary regulations.
(1) No off-street parking or loading areas shall be located in the required
front yard.
(2) Where the LB Limited Business Zone abuts a residential zone along a property line or across a street, there shall be provided a fifty-foot-wide buffered screening strip as defined in §
295-23 of this chapter.
(3) All activities and processes shall take place within an enclosed
building. Any outside storage shall be shielded by fencing, landscaping
or other appropriate measure. No storage shall be allowed within the
fifty-foot-wide buffer abutting the residential zone or within the
front yard.
F. Conditional uses.
[Added 8-27-2001 by Ord. No. 2001-07]
(1) Communication towers. Communication towers are a permitted conditional
use within the LB Limited Business Zone as a principal use, with the
following requirements:
(a)
The zone for communication towers shall be restricted to the
area located north of Stafford Forge Road and 900 feet east of the
Garden State Parkway.
(b)
Schedule of minimum requirements.
[1]
Minimum lot size: one acre.
[2]
Minimum lot width: 150 feet.
[3]
Minimum lot frontage: 150 feet.
[4]
Minimum yard setback.
[a] The minimum setback from the property lines is
proposed to be 50 feet as long as the tower is designed to fall within
itself. If the tower is not designed to fall within itself then it
must be designed to fall within the property lines plus 20 feet.
[b] All freestanding antennas and tower structures,
guide wires, safety cables or other appurtenances shall not be located
within any required front yard, side yard, or rear yard setback area
for a principal structure. If a tower or antenna is taller than 100
feet, the minimum setback from any property line shall be 50 feet
or the required front, side or rear yard setback, whichever is greater.
[5]
Maximum height: 200 feet.
(c)
Accessory buildings are permitted, if less than 500 square feet
each and 15 feet in height. However, accessory buildings are permitted
only if the buildings are constructed for the sole and exclusive use
of the operation of the communication tower and they are buffered
and screened from view to such an extent that they are not visible
from the roadway or the adjacent property lines.
(d)
All freestanding antennas and tower structures shall be subject
to structural provisions of the New Jersey Uniform Construction Code
for wind loads, vent uplift, fire-resistance ratings, dead load and
ice load ratings, and grounding. Documentation shall be provided to
the Land Use Board in the form of a site plan, technical and engineering
support documentation, manufacturer's warranties and sworn testimony
of a licensed structural engineer on proposed freestanding antennas
and tower structures.
(e)
All commercial radio and television transmission facilities,
including AM, FM and television broadcast stations, public safety
radio services, cellular radio/telephone service, microwave or other
forms of electromagnetic transmission, shall be subject to United
States Environmental Protection Agency, United States Occupational
Safety and Health Administration, American National Standards Association
and New Jersey Environmental Protection Agency standards and requirements
pertaining to human exposure to radio frequency electromagnetic fields,
and other rules, regulations and standards which may be applicable
to such facilities by federal and/or state regulatory agencies.
(f)
All freestanding antennas and tower structures shall be readily
accessible by emergency vehicles and by construction and service vehicles
in a manner acceptable to the Board, Township Engineer and Construction
Official.
(g)
All commercial antenna towers, guide wires, anchors, accessory
structures, etc., shall be enclosed by a chain-link fence not less
than six feet in height.
(h)
No lights or signs other than those required for aircraft warning
in accordance with Federal Aviation Administration regulations or
other required safety purposes shall be permitted. Strobe lights shall
not be permitted for nighttime use.
(i)
No signage or other methods of providing messages or commercial
statements may be attached, suspended or otherwise a part of the antenna
or tower structure.
(j)
Details of driveway access should be presented. Minimum requirements
shall be six inches of road gravel, R-Blend on stone.
(2) Any communication tower located on Township-owned property shall
be exempt from site plan approval by the Eagleswood Township Land
Use Board; however, any communication tower located on Township-owned
property must comply with the requirements set forth in this section
and submit all plans to the Township Engineer for his approval.
[Added 5-20-2002 by Ord. No. 2002-5]
[Added 12-16-2002 by Ord. No. 2002-14]
A. Purpose. The purpose and intent of the Airport Safety Hazard Overlay
Zone is to comply with the regulations contained in N.J.A.C. 16:62,
Air Safety and Zoning, under the authority of the "Air Safety and
Zoning Act of 1983," P.L. 1983, c. 260. The public health, safety
and general welfare requires that development in specified areas must
be subject to the control of additional regulations and requirements.
The area specified in this section shall overlay one or more underlying
zone districts. Within an overlay area, the requirements of the overlay
zone shall govern.
B. Delineation of the Airport Safety Hazard Zone.
(1) The location of the Eagle's Nest Airport within the municipal boundaries
requires the delineation of an airport safety hazard overlay zone,
including runway subzones, runway end subzones and clear zones in
accordance with N.J.A.C. 16:62-1 et seq.
(2) The boundaries of the Airport Safety Hazard Overlay Zone are shown
on the Eagleswood Township Zoning Map. The overlay boundaries and
this section shall be interpreted and applied in accordance with the
provisions of N.J.A.C. 16:62-1 et seq.
C. Minimum development standards. Development activity within the delineated
Airport Safety Hazard Overlay Zone is restricted in accordance with
the provisions of N.J.A.C. 16:62-1 et seq., Air Safety and Zoning.
D. Prohibited land uses. No person shall establish within the Airport
Safety Hazard Overlay Zone any of the prohibited land uses specifically
enumerated in this subsection unless there is the written approval
of the New Jersey Commissioner of Transportation and unless such uses
are permitted in the underlying zone district:
(1) Residential dwelling units not situated on a lot of at least three
acres in size.
(2) Planned unit developments and multifamily dwellings.
(5) Aboveground bulk tank storage of compressed flammable or compressed
toxic gas and liquids.
(6) Within the runway end subzones only, the aboveground tank storage
of flammable gas and liquids.
(7) Uses which may attract massing of birds.
(8) Above-grade major utility transmission lines and/or mains.
E. Permitted land uses. Land use within the Airport Safety Hazard Overlay
Zone is specifically governed by N.J.A.C. 16:62-1 et seq., and shall
be limited to the following, and shall be further subject to the provisions
and requirements of the underlying zone district.
(1) Residential single-family dwelling units, which are situated on a
lot of at least three acres in size and not located in a "clear zone,"
provided that the single-family uses are permitted in the underlying
zone district. Lawful preexisting single-family residential dwellings,
which are on lots of less than three acres and are located outside
a clear zone, may be expanded in accordance with the underlying zone
district regulations.
(2) Open space, where permitted by the underlying zone district.
(3) Agriculture, where permitted by the underlying zone district.
(4) Transportation, where permitted by the underlying zone district.
(5) Airport, where permitted by the underlying zone district.
(6) Commercial uses not located in the clear zone, where permitted by
the underlying zone district.
(7) Industrial uses not located in the clear zone, where permitted by
the underlying zone district.
F. Permits. Creation or expansion of a prohibited land use or vertical
height obstruction within the Airport Safety Hazard Zone shall require
a permit as follows:
(1) An applicant for a project requiring creation or establishment of
a prohibited land use or creation or establishment of a vertical height
obstruction shall first apply for approval from the appropriate municipal
agency.
(2) If the municipal agency approves the application, the approval shall
be conditioned on the applicant applying for and receiving a permit
from the New Jersey Commissioner of Transportation in accordance with
N.J.A.C. 16:62-6.1.
(3) The application for a permit will only be considered by the NJDOT
if accompanied by a resolution of approval from the municipal agency.
(4) Construction, development or creation of any prohibited land use
or vertical height obstruction shall not commence until the New Jersey
Commissioner of Transportation has issued a permit.
G. Conditions not conforming to the standards of N.J.A.C. 16:62-1 et
seq.
(1) A preexisting structure or use located in a clear zone, and not in
conformance with the standards of N.J.A.C. 16:62-1 et seq., shall
be classified as nonconforming.
(2) Variances. No variance or other relief from the standards promulgated
under N.J.A.C. 16:62-1 et seq. shall be granted by the Township to
itself or to any person except upon the conditions that the variance
or relief is contingent upon the issuance of a permit allowing the
variance or relief by the Commissioner of the New Jersey Department
of Transportation. Application for a variance shall be made to the
Eagleswood Township Land Use Board in accordance with its regulations
and procedures.
[Added 10-25-2004 by Ord. No. 2004-22]
A. Purpose. The purpose of the district is to create provisions for
the ultimate development of a lake, along with appropriate and compatible
land uses subsequent to comprehensive mining operations, which will
include significant regrading and removal of soil.
B. PUD master plan and phasing provisions.
(1) The R/R-OS Zone shall be planned and developed as a single entity
according to a plan for a planned unit development (PUD), as defined
in the Municipal Land Use Law (N.J.S.A. 40:55D et seq.).
(2) A master plan showing the relationships among the various components
shall be submitted in support of an approval of a general development
plan (GDP) in accordance with the Municipal Land Use Law.
(3) The reviewing board of jurisdiction shall not review or approve a
site plan application for any phase, section or component of the PUD
without prior review and approval of a GDP master plan.
(4) No GDP approval shall be granted without a developer's agreement.
(5) The GDP master plan components shall generally consist of the following
two phases of land development:
(a)
A "mining phase" is the first component, which shall consist
of private/commercial mining, extraction, excavation, soil removal
processing or other commercial disposition of sand, gravel, topsoil,
stone or other earthen material.
(b)
A "resort/recreation phase" is the second component, which shall
consist of a public recreational lake area, a hotel resort and conference
center and related uses, along with a limited allowance for large-lot
single-family residential development.
(6) The term of the effect of the GDP approval shall not exceed 20 years
from the date upon which the developer receives final approval of
the first component (the "mining phase") of the GDP. The developer
may apply for and the reviewing board of jurisdiction grant extensions
to the term of effect of the GDP for additional periods of at least
two years but not to exceed a total extension of six years, provided
that any proposed modification of the timing schedule shall be approved
in accordance with the provisions of N.J.S.A. 40:55D-45.4.
C. Conditional use requirements. A planned unit development shall be
considered a conditional use, as defined in the Municipal Land Use
Law, subject to the following conditional use standards:
(1) The applicant shall obtain GDP plan approval for the mining phase, which will also function as site preparation for the ultimate construction of the resort/recreation phase. This consideration by the Land Use Board of mining operations as it relates to the GDP shall not relieve the applicant of its obligation to obtain a license from the Township Committee pursuant to Chapter
131 of the Code of the Township of Eagleswood, and otherwise comply with the provisions of said chapter.
(2) The applicant shall enter into a developer's agreement with the Township
of Eagleswood, which shall further govern the development of the Resort/Recreation
Phase under the GDP.
(3) The applicant shall comply with the rules, regulations and restrictions set forth in Chapter
131 of the Code of the Township of Eagleswood, entitled "Excavations and Soil Removal" (the Mining Ordinance), as may be amended under the terms of the mining phase or any other ordinance revisions that may be set forth in the developer's agreement. Said rules, regulations and restrictions shall apply to the GDP as conditions of the GDP approval and the submitted grading plan.
D. Airport Safety Hazard Overlay Zone provisions. The regulations of
the Airport Safety Hazard Overlay Zone shall be applicable in full
force and effect for that portion of the PUD situated within the overlay
district. All components, phases, and sections of the PUD situated
within the Airport Safety Hazard Overlay Zone shall be subject to
this provision.
E. Mining phase standards. The mining phase shall be subject to the
following provisions:
(1) The mining phase shall include all rights or other terms as set forth
in a developer's agreement. The terms and conditions of all mining
licenses granted in furtherance of the mining phase under any GDP
approval shall be subject to the performance requirements of the GDP.
(2) Notwithstanding anything to the contrary, no material shall be imported
from off-site locations without prior written Township approval (including
the Township's right to inspect same) other than virgin sand, virgin
clay, virgin stone and virgin topsoil; provided, however, that those
portions of a site located in contiguous municipalities shall not
be considered off-site locations, and the materials therein may be
processed as materials native to the site.
(3) Area and bulk requirements. Activities and uses associated with the
mining phase shall comply with the following area and bulk requirements:
(a)
Buffers. No clearing of land shall occur within these minimum
buffer requirements.
[1]
Northerly tract/municipal boundary: zero feet from lake edge
to adjacent property lines; otherwise, 200 feet.
[2]
Easterly tract boundary: 400 feet.
[3]
Southerly tract boundary: 350 feet.
(b)
To the extent existing conditions are inconsistent with the
above buffer requirements, the reviewing jurisdiction may grant relief
in any GDP approval.
(4) No mining and/or extraction activities shall be permitted to a depth
greater than 65 feet below the seasonal high-water table unless the
applicant shall demonstrate to the Township that a depth greater than
65 feet will result in no significant adverse hydrological impact
relative to the proposed resort/recreation phase or to off-site areas.
Such impacts shall be substantiated by an expert report to be submitted
by the applicant. Said expert shall be approved by the Township Committee,
and such approval shall not be unreasonably withheld.
(5) Upon the ultimate cessation of the mining phase and the commencement
of the resort/recreation phase, a minimum ten-acre portion of upland
adjacent to the lake shall be dedicated to the Township. Said dedication
shall comply with all of the following provisions:
(a)
The dedicated land shall be accessible and used for recreational
uses and lake access/uses by Township residents as a public park;
(b)
The dedicated land shall be specifically located pursuant to
the GDP approval but generally situated along the southeasterly shoreline
of the finished lake within the Township of Eagleswood and shall be
provided with access directly from Cedar Lane; and
(c)
The dedication of the land to the Township of Eagleswood shall
occur within 90 days after the completion of the lake and confirmation
by the landowner that the land area is no longer needed for mining
operations and that the public may safely use the lake and land area.
F. Resort/recreation phase, use requirements. The following use standards
shall be applicable to the resort/recreation phase:
(1) Permitted principal uses.
(a)
Detached single-family dwelling units;
(c)
Hotel resort and conference center.
(2) Permitted accessory uses and structures.
(a)
Customary accessory uses and buildings that are clearly incidental
to the principal use and building.
(b)
Customary accessory uses, buildings and structures that are
clearly incidental to a hotel resort and conference center, such as
restaurant; marina; boating club (sailing or rowing); fishing pier
or fishing club; and other recreational uses.
G. Resort/recreation phase, area and bulk requirements. The following
area and bulk standards shall be applicable to the resort/recreation
phase:
(1) Lot merger provision. The applicant shall be required to merge all
lots then held by the same entity as part of the GDP approval.
(2) Detached single-family dwellings.
(a)
No more than eight detached single-family dwellings shall be
permitted in the overall PUD.
(b)
Individual lots for detached single-family dwellings shall be subject to the area and bulk requirements applicable in the R-A5 Residential District. Single-family dwellings are specifically exempted from the minimum principal building setback requirements that are set forth in Subsection
G(3) below.
(c)
If a residential lot is adjacent to the lake, the lot line that
generally follows the shoreline shall be deemed a rear lot line.
(3) The overall PUD tract, other than the single-family lots, shall be
subject to the area and bulk standards set forth in the following
table:
|
Regulation
|
Requirement
|
---|
|
Minimum overall tract area
|
400 acres
|
|
Maximum area of lake (located in Eagleswood Township)
|
430 acres
|
|
Minimum lake shoreline setbacks
|
|
|
|
Easterly tract boundary
|
400 feet
|
|
|
Southerly tract boundary
|
350 feet
|
|
|
Westerly tract boundary
|
50 feet
|
|
|
Northerly Township tract boundary
|
0 feet (from lake only; otherwise 200 feet)
|
|
Minimum lot area — hotel, resort, etc.
|
20 acres
|
|
Minimum lot area — public park
|
10 acres
|
|
Maximum building coverage (per lot)
|
15%
|
|
Maximum height
|
35 feet
|
|
Maximum number of stories
|
2 1/2
|
|
Minimum principal building setbacks
|
|
|
|
From Cedar Lane
|
1,500 feet (from public street line)
|
|
|
From tract boundary
|
200 feet
|
|
|
Between buildings
|
25 feet
|
|
|
Shoreline/bulkhead of lake
|
25 feet
|
|
|
Interior roadways and driveways
|
15 feet (to edge of pavement)
|
(4) The creation of the lake will be permitted over the existing lot
lines between multiple owners within the PUD. No required setback
distances shall apply to interior lot line boundaries between multiple
owners of the nonresidential portion of the PUD. The tract boundary
setbacks are not intended to prevent a hotel resort and conference
center from being subdivided onto a separate lot; however, a subdivision
shall conform to the minimum lot area requirements set forth above.
H. Supplementary bulk requirements.
(1) A naturalized landscaped buffer having a minimum width of 75 feet
shall be provided between the nonresidential component and the PUD
tract boundary, except that this buffer shall not be required along
PUD tract boundaries abutting a public street, along interior lot
lines within the PUD or along a contiguous municipal boundary when
the overall development of the proposed use continues into the adjacent
municipality. This buffer requirement shall specifically apply along
any road/street providing access to the nonresidential component of
the PUD. The required buffer area shall not contain any buildings,
structures, driveways or parking areas.
(2) All accessory buildings shall be located at the rear of any principal
building and shall be a minimum of 25 feet from any principal building
and 10 feet from another accessory building. Side yard setbacks for
accessory buildings shall be 10 feet.
(3) Accessory buildings, structures and uses such as clubhouses, swimming
pools and other facilities that are most typically considered lakeside
aquatic uses shall be at least 25 feet from the shoreline of the lake.
Lakeside aquatic structures and uses such as marina, fishing pier,
bait shop or other similar facilities that are typically constructed
at the shoreline of a lake shall have no minimum setback requirement.
(4) The maximum height of an accessory building shall not exceed 16 feet.
(5) Signs situated on individual single-family residential lots shall
be subject to the sign requirements applicable in the R-A5 Residential
District.
(6) Signs situated in nonresidential portions of the PUD shall be subject
to the sign requirements applicable in the C-3 Neighborhood Commercial
District.
I. Resort/recreation phase design standards. With respect to the resort/recreation
phase, the following design standards shall apply:
(1) The grading of the underwater lake bed within 80 feet of the water's
edge of the public park shall be established and constructed at a
slope of no greater than 13 to one for purposes of providing a more
gradual increase in water depth when walking out from the shoreline.
(2) Permanent lawn and turf areas and formal landscaped areas shall be
limited to those areas specifically intended for active human use
such as the public park, the hotel-resort-conference center and the
residential lots.
(3) All land areas cleared and disturbed and not devoted to buildings,
structures, pavement, permanent lawn areas, formal landscaped areas
and the like shall be revegetated in a naturalized manner that is
consistent with native vegetative species, character and plant density,
in accordance with the following provisions:
(a)
The limits of naturalized planting areas shall be identified
on the set of plans associated with the GDP, with specific planting
details to be deferred to the time of site plan approval.
(b)
The naturalized planting areas shall be considered natural buffer
areas, to be recorded as conservation easements during the resort/recreation
phase of the GDP approval.
(4) Nonresidential building plans and elevations shall be provided with
variations in the types of roof, heights of eaves and peaks, building
materials and architectural treatments of building facades.
(5) Architectural design and materials used in the construction of nonresidential
accessory buildings shall conform to or complement those used in the
construction of the principal buildings.
(6) Residential site development shall be designed and improved in accordance
with the New Jersey Residential Site Improvement Standards applicable.
J. Landscaping and lighting requirements shall be governed by the standards
as generally applicable for site plan approvals elsewhere in the Township.
K. Content of a GDP. A GDP shall include, at a minimum, the following
items:
(1) A general land use plan on twenty-four-inch by thirty-six-inch sheets,
indicating the tract area and general locations of the land uses to
be included in the planned development. The total number of dwelling
units and amount of nonresidential floor area to be provided and proposed
land area to be devoted to residential and nonresidential use shall
be set forth. In addition, the proposed types of nonresidential uses
to be included in the planned development shall be set forth, and
the land area to be occupied by each proposed use shall be estimated.
The density and intensity of use of the entire planned development
shall be set forth, and a residential density and a nonresidential
floor area ratio shall be provided.
(2) An open space plan showing the proposed land area and general location
of parks and any other land area to be set aside for conservation
and recreational purposes and a general description of improvements
proposed to be made thereon, including a plan for the operation and
maintenance of parks and recreational lands.
(3) A stormwater management plan setting forth the proposed method of
controlling and managing stormwater on the site.
(4) An environmental impact statement (EIS), in accordance with Township
standards, for the mining phase of the property not previously approved
or otherwise grandfathered for a mining or soil extraction operation
(previously approved shall mean prior to the date of the adoption
of the R/R-OS Zone). The EIS requirements shall not be required to
address the proposed conditions upon completion of the development;
however, the report shall address all other requirements, including
the existing condition of the property. The environmental inventory
shall include a general description of the vegetation, soils, topography,
geology, hydrology, climate and cultural resources of the site, existing
man-made structures or features.
(5) A proposed timing schedule, including any terms or conditions which
are intended to protect the interests of the public and of the occupants
of any section of the planned development prior to the completion
of the development in its entirety.
(6) A municipal development agreement, which shall mean a written agreement
between a municipality and a developer relating to the planned development.
L. Site plan and subdivision applications for sections, phases, components
within the PUD shall be reviewed in accordance with submission requirements
and review procedures as are applicable elsewhere in the Township.