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Township of Hamilton, NJ
Mercer County
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Table of Contents
Table of Contents
No building shall hereafter be used, erected, altered, converted, added to, moved or reduced, wholly or in part, nor shall any land be designated, used or physically altered for any purpose or in any manner except in conformity with this chapter. No land area shall be disturbed for development by any person, partnership, corporation, municipal corporation or other public agency within this Township unless a plan to provide for soil erosion and sedimentation control has been approved by the United States Department of Agriculture Natural Resources Conservation Service and all other development regulations in this chapter have been complied with. Proof of such approval by the United States Natural Resources Conservation Service must be presented to the Township Engineer and Township Planner prior to commencing any such activity.
[Amended 1-20-1993 by Ord. No. 93-008; 12-21-2011 by Ord. No. 11-043]
In the C Conservation District, the following shall apply:
A. 
Principal permitted uses on the land and in buildings.
(1) 
Farms. See § 550-136, Right to farm, of this chapter.
(2) 
Detached dwelling units.
(3) 
Public playgrounds, conservation areas, parks, public purpose uses and public or private recreation areas.
B. 
Accessory uses permitted:
(1) 
Private residential tool or garden shed not to exceed 150 square feet in area and 12 feet in height and located three feet from property lines.
[Amended 5-21-2019 by Ord. No. 19-027]
(2) 
Off-street parking and private garages.
(3) 
Fences and walls. (See § 550-114.)
(4) 
Residential agriculture.
(5) 
Keeping not more than two domestic animals over six months old for individual domestic purposes or for cultivation of the soil, except that this limitation shall not apply to an operating farm.
(6) 
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals.
(7) 
Roof-mounted solar or photovoltaic energy-generating facility.
(8) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
C. 
Other uses permitted upon application to the municipal agency for a conditional use permit:
(1) 
Public utility installations, subject to the standards and conditions as set forth in Article IV of this chapter.
(2) 
Private golf course.
(3) 
Home occupations.
D. 
Maximum building height.
(1) 
No building shall exceed 35 feet in height and 2.5 stories.
(2) 
The height of accessory buildings shall not exceed 15 feet.
(3) 
The height of farm structures shall be subject to § 550-136 of this chapter.
E. 
Area and yard requirements (detached dwellings).
C Conservation District
Minimum requirements
Principal building:
Lot area (acres)
5
Lot frontage (feet)
400
Lot width (feet)
400
Lot depth (feet)
500
Side yard, each (feet)
60
Front yard (feet)
125
Rear yard (feet)
125
Accessory building:
Distance to side line (feet)
50
Distance to rear line (feet)
50
Distance to other building (feet)
20
Maximum requirements
Building coverage (percent)
5%
F. 
Minimum off-street parking.
(1) 
Dwelling units shall each provide two spaces per dwelling unit.
(2) 
See § 550-119 for additional standards.
G. 
Permitted signs. See § 550-124 of this chapter for standards.
H. 
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
I. 
Source-separation or recycling plan. See § 550-134 of this chapter for requirements.
J. 
Accessory buildings. See § 550-111 of this chapter for design standards.
[Amended 1-20-1993 by Ord. No. 93-008; 1-20-1993 by Ord. No. 93-009; 11-4-2005 by Ord. No. 05-025; 6-19-2009 by Ord. No. 09-015; 12-21-2011 by Ord. No. 11-043; 6-20-2012 by Ord. No. 12-033]
A. 
Purpose.
(1) 
The RRC District responds to the Township's long-standing planning objectives to conserve rural character, retain farmland for agricultural use, and protect surface waters, woodlands and environmentally sensitive lands. The RRC District's location beyond the sewer service area has prevented its rapid suburbanization, distinguishing it from the remainder of the Township and much of the region.
(2) 
The RRC District is dominated by highly productive farmland soils, that are part of a regional agricultural belt extending southward into Burlington County and eastward into Ocean County. The State Development and Redevelopment Plan designates nearly all of the RRC District within the rural planning area (Planning Area 4), where agricultural retention is the principal priority.
(3) 
The RRC District also includes extensive wetlands and wooded stream corridors, including headwater tributaries to the Crosswicks Creek and Delaware River that affect downstream water quality. This diverse landscape provides a variety of habitat types suitable for threatened and endangered species, including grasslands, emergency wetlands, upland forest, forested wetlands and bald eagle foraging habitat (along Crosswicks Creek) within the RRC District.
(4) 
The combination of highly productive farmland and sensitive natural resource land of the RRC District make this a unique portion of the Township. The RRC District's zone standards are designed to maximize the retention of farmland and other natural resource lands and maintain the ecological integrity of the area as permitted development proceeds.
B. 
In the RRC Rural Resource Conservation and R-25 Single-Family Residential Districts, the following shall apply:
(1) 
Principal permitted uses on the land and in buildings.
(a) 
Farms. See § 550-136, Right to farm, of this chapter.
(b) 
Single-family detached dwellings.
(c) 
Public recreation and community center buildings and grounds.
(d) 
Public libraries.
(e) 
Parks and playgrounds, but not including amusement parks or similar uses which detract from the natural rural characteristics of the district or are operated for profit.
(f) 
Buildings used exclusively by the federal, state, county or local municipal government for public purposes.
(g) 
Harvesting of wild crops, such as berries and tree fruits.
(h) 
Repair and maintenance of farm buildings and machinery located and used on the same premises, including required workshops.
(i) 
In the RRC Zone only, there may be kept not more than one saddle horse, one cow or two goats for each 1/2 acre in the area of the parcel of land upon which the same are kept or not more than 100 fowl for each 1/4 acre in the area of the parcel of land upon which the same are kept. No saddle horse, cow, goat or fowl shall be housed within a distance of 200 feet from any property line.
(j) 
Conservation areas and public purpose areas.
(k) 
The keeping of not more than six domestic animals over six months old for individual domestic purposes or for cultivation of the soil, except that this limitation shall not apply to a farm or residential agriculture. Any single-family detached residence located in an RRC Zone and R-25 Zone may contain a total of six dogs or cats altogether.
[Amended 12-3-2013 by Ord. No. 13-044]
(l) 
Development Option I Lot Size Averaging in the RRC Zone: See Subsection B(13) of this section and § 550-135 of this chapter.
(m) 
Development Option II Open Lands Subdivision in the RRC Zone: See Subsection B(14) of this section and § 550-135 of this chapter.
(n) 
Development Option III Conservation Cluster Subdivision in the RRC Zone: See Subsection B(15) of this section and § 550-135 of this chapter.
(2) 
Accessory uses permitted:
(a) 
Private garages.
(b) 
Swimming pools in accordance with § 550-126.
(c) 
Private greenhouses, garden houses, barns, silos, toolsheds, tennis courts and outdoor fireplaces.
(d) 
Boats and camper to be parked or stored only and located in rear yards only. Their dimensions shall not be counted in determining total building coverage, and they shall not be used for temporary or permanent living quarters while situated on a lot. Boats and campers, when stored in rear yards, are to observe side and rear yard requirements associated with accessory buildings.
(e) 
Off-street parking.
(f) 
Fences and walls. (See § 550-114.)
(g) 
Private residential tool or garden sheds not to exceed 150 square feet in area and 12 feet in height and located not less than three feet from property lines.
[Amended 5-21-2019 by Ord. No. 19-027]
(h) 
Signs.
(i) 
Temporary sales or construction trailer(s).
1. 
The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.
2. 
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
3. 
The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.
4. 
Only one sales trailer and two construction trailers are permitted per project.
(j) 
Amateur radio antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137.
(k) 
Parking of one commercial vehicle as outlined in § 550-312H of this chapter.
(l) 
Dog runs. Dog runs are permitted as accessory uses to residential properties subject to standards specified in § 550-312S of this chapter.
(m) 
Roof-mounted solar or photovoltaic energy-generating facility.
(n) 
Private residential garages shall not exceed 25 feet wide by 25 feet deep. The finishing of a garage with metal panels or siding is prohibited.
[Added 6-19-2018 by Ord. No. 18-020]
(o) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
(3) 
Other uses permitted upon application to the municipal agency for a conditional use permit:
(a) 
Golf courses, excluding a golf driving range or miniature golf course.
(b) 
Camps.
(c) 
Child care and infant care centers.
(d) 
Clubhouse.
(e) 
Churches and other places of worship, Sunday school buildings, rectories and parish houses.
(f) 
Public and parochial schools and colleges and private schools and colleges for academic instruction.
(g) 
Public utility installations.
(h) 
Home occupations.
(4) 
Maximum building height.
(a) 
No building shall exceed 35 feet in height and 2.5 stories.
(b) 
The height of accessory buildings shall not exceed 15 feet. This restriction shall not apply to barns located on active farms.
(c) 
The height of farm structures shall be subject to § 550-136 of this chapter.
(5) 
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.
(a) 
Dwelling units shall each provide two spaces per dwelling unit, which shall not encroach upon the right-of-way.
(b) 
See § 550-119 for additional standards.
(6) 
Permitted signs. See § 550-124 of this chapter for standards.
(7) 
Area and yard requirements (detached dwellings).
District
RRC Development Options I, II and III*
R-25
Minimum requirements
Principal building:
Lot area (square feet)
40,000
25,000
Lot frontage (feet)
150
125
Lot width (feet)
150
125
Lot depth (feet)
200
125
Side yard (feet)
30
20
Front yard (feet)
50
50
Rear yard (feet)
50
50
Accessory building:
Distance to side line (feet)
20
20
Distance to rear line (feet)
20
25
Distance to other building (feet)
20
25
Maximum requirements
Building coverage (percent)
12%
15%
RRC density (units/net developable acre)
0.167
N/A
Maximum Impervious Surface
(percent)
Unconstrained Land Area
(acres)
25%
Less than 1
20%
1 to less than 2
15%
2 to less than 5
12%
5 to less than 10
10%
> 10
*
Where properties abut limited access, major arterial, arterial and major collector roadways, an additional 40 feet shall be added to the minimum front setback or rear yard setback requirement. In the case of lots whose rear yard fronts on the above roadways, a landscaped berm of a minimum height of four feet is required and an easement shall be granted to the Township. The easement shall include a covenant that the owner shall be responsible for the maintenance of the easement area.
(8) 
For architectural design standards see § 550-112 of this chapter.
(9) 
Landscaping and preservation of natural features. See §§ 550-117, 550-119 and 550-130 of this chapter for design standards.
(10) 
Fences, walls and sight triangles. See § 550-114 for details.
(11) 
Source-separation or recycling plan. See § 550-134 of this chapter for requirements.
(12) 
Accessory buildings. See § 550-111 of this chapter for design standards.
(13) 
Requirements for Development Option I: Lot Size Averaging in the RRC Zone.
(a) 
Purpose. The purpose of this development option is to provide flexibility in the arrangement of residential development that will allow for the preservation of the rural character, productive farmland soils, woodlands and other critical habitat areas found throughout the eastern end of the Township. It is intended that this subsection will encourage development that minimizes negative environmental impacts while providing creative flexibility for residential and agricultural development. Unless otherwise stated, the standards stated below shall supersede other standards stated in this section.
(b) 
Zoning requirements.
1. 
This lot-size-averaging subdivision option is available for parcels containing a minimum of 12 contiguous acres. Development parcels may be separated by existing roadways; however, a minimum of 12 acres shall be provided on each side of the road.
2. 
Permitted uses: Single-family detached houses, agricultural uses and accessory uses as stated in this section.
3. 
RRC density. The maximum permitted RRC density shall be 0.167 units per net developable acre. In order to calculate the maximum permissible number of lots, the total net developable acreage shall be multiplied by 0.167.
4. 
Minimum lot size: 40,000 square feet in the RRC Zone. All lots are subject to § 550-135 of this chapter as it relates to septic system design.
5. 
A lot-averaging subdivision may be permitted when the applicant proposes a distribution of lot areas within the subdivision that results in at least 75% of the lots having a minimum lot area between 40,000 square feet and 80,000 square feet, except in the case of a two-lot subdivision, in which case one of the two lots shall be between 40,000 square feet and 80,000 square feet.
6. 
The site design of lot-averaging subdivisions should shift the more intensive development toward those lands that can best support the installation of the dwelling, well, septic system and associated site improvements. Similarly, lot averaging should seek to preserve those areas which exhibit sensitive environmental features (i.e., water bodies, floodplains, steep slopes, shallow bedrock, aquifer recharge areas, seasonal high-water table, etc.) or which contain active or prime agricultural lands or forested areas.
7. 
On tracts in areas which are predominantly active agricultural lands or consist of prime agricultural soils or soils of statewide importance, the preservation of agricultural lands and soils shall take precedence. On tracts in areas which are predominantly forested areas, the preservation of forested areas shall take precedence.
8. 
All lots created under this subdivision option shall be deed-restricted against further subdivision for the purpose of creating an additional lot or lots.
(c) 
Details required for preliminary subdivision plats. Application submissions shall comply with § 550-225 of this chapter. The applicant is advised to submit a concept plan of the lot-averaging subdivision for review and comment in accordance with the chapter.
(d) 
Design standards. All lot-size-averaging subdivisions shall be governed by the following design standards:
1. 
Standards for locating new residential development.
a. 
The design of the development utilizing this option shall foster the following objectives: retention of large contiguous farmland areas; retention of large contiguous forested areas; stream corridor and wetlands preservation; aquifer recharge protection; steep slope protection; overall site design; reduction of impervious coverage; traffic circulation; and sensitivity to the site's natural features, topography and relationship to open lands on neighboring parcels.
b. 
In forested areas, the design of the development shall include a two-hundred-foot buffer along existing roads, which shall either maintain existing woodlands or establish new forested areas for those areas that are disturbed during site development or are currently cleared. The intent of this provision is to maintain the scenic roadside views in the Township.
c. 
Natural features, including woodlands, natural terrain, open waters and scenic vistas, shall be preserved wherever possible in designing any development containing such features, and development should be designed to preserve views of cultural/historic landmarks.
2. 
Design standards for public roads.
a. 
Right-of-way width and cartway width for existing and proposed roadways on the Hamilton Township Master Plan shall comply with design standards outlined in § 550-125 of this chapter.
b. 
Right-of-way width and cartway width for interior public streets shall comply with design standards for local rural roads in § 550-125 of this chapter.
c. 
Minimum distance between access points on interior and noninterior public roads: 200 feet. Access points shall include individual and common driveways and on-site public roadways.
d. 
Sidewalks shall not be required, however, a bike path shall be required on noninterior public streets.
e. 
Curbing. Curbing shall only be used where necessary to provide for stormwater management.
f. 
Roadways shall follow existing contours to minimize the extent of cuts and fills. Landscape/design features such as hedge rows, flowering shrubs, stone rows, and post-and-board fences are encouraged.
3. 
Landscaping and lawns.
a. 
All basins shall require landscaping plans. Basin designs and landscape plans shall be designed so that they blend naturally into the landscape.
b. 
Interior roadways shall have deciduous trees planted 30 feet on center. Trees shall be a minimum of 2 1/2 inches in caliper at the time of planting.
4. 
Fencing and walls.
a. 
Perimeter fencing is permitted if it is post-and-rail or post-and-board type.
b. 
Privacy fencing shall be kept to a minimum and restricted to an area within the boundaries designated for permitted building envelopes.
c. 
Walls shall be permitted.
5. 
Signage. As per § 550-124 of this chapter.
6. 
Accessory buildings and structures.
a. 
Accessory buildings shall be located within the building envelope areas.
b. 
Accessory structures shall be located within the building envelope area unless otherwise stated in this chapter.
c. 
Septics, wells and driveways may be located outside building envelopes.
7. 
Existing structures.
a. 
Existing structures shall be analyzed for their historic significance and salvageability.
b. 
Those structures deemed significant shall be saved for an adaptive use consistent with permitted uses in the zone.
c. 
Existing structures may remain outside of a lot's building envelope.
(e) 
Concept plan review. An applicant for a lot-size-averaging subdivision shall submit a concept plan of the subdivision to the administrative officer for review and comment.
1. 
The developer shall not be required to submit any application fees for informal concept plan review; however, no professional review(s) shall be undertaken unless the developer agrees to pay for said review(s) and files the escrow fees specified for concept plan review in § 550-254.
a. 
The developer shall not be bound by any plan for which concept review is requested, and the approving authority shall not be bound by any such review.
b. 
A developer desiring to have a concept plan reviewed by the approving authority shall so notify the administrative officer and schedule a meeting. A plan shall be submitted at least three weeks prior to a scheduled meeting with the administrative officer at which the concept review is requested.
2. 
Concept plan required details. The following information shall be provided for concept plan review:
a. 
A plan, at a scale of not less than one inch equals 100 feet, clearly and legibly drawn.
b. 
A key map, at a scale of not less than one inch equals 800 feet, showing the entire development and its relation to surrounding areas.
c. 
Existing structures and uses.
d. 
Existing and proposed street and lot layout in conformance with chapter bulk standards, showing that portion proposed for development in relation to the entire tract.
e. 
Area of original tract.
f. 
Zoning district and North arrow.
g. 
Block and lot number for the tract.
h. 
Proposed method of water supply and sewage treatment.
i. 
Proposed access points and roadways.
j. 
Existing topography and contours based on United States Geological Survey (USGS) data, unless more detailed data is available, illustrating areas with slopes of 15% or greater.
k. 
Natural resources and features, such as forested areas, wetlands, major rock outcroppings, lakes, ponds, streams, drainage ditches, impoundments and watercourses.
l. 
Soil mapping and interpretations based on the United States Department of Agriculture (USDA) Soil Survey for Mercer County.
m. 
Location of flood hazard areas and floodways.
n. 
Existing easements, deed restrictions and covenants.
o. 
A written summary of how the concept plan provides for the arrangement of residential development that will allow for the preservation of the rural character, productive farmland soils, woodlands and other critical habitat areas and minimize negative environmental impacts.
p. 
Certification that the applicant is the owner of the land or the owner's duly authorized agent or that the owner has given his consent under an option agreement or a contract to purchase.
(14) 
Requirements for Development Option II Open Lands Subdivision in the RRC Zone.
(a) 
Purpose. The purpose of this development option is to promote the retention of large contiguous tracts of farmland, woodlands and other natural resource features by providing flexibility in the arrangement of residential development. It is intended that the density incentive provided by this development option will aid the preservation of the rural character, productive farmland soils, woodlands and other critical habitat areas found throughout the eastern end of the Township and minimize negative environmental impacts while providing creative flexibility for residential and agricultural development. Unless otherwise stated, the standards stated below shall supersede other standards stated in this section.
(b) 
Zoning requirements.
1. 
This open lands subdivision option is available for parcels containing a minimum of 12 contiguous acres. Development parcels may be separated by existing roadway; however, a minimum of 12 acres shall be provided on each side of the road.
2. 
Permitted uses. Single-family detached houses, agricultural uses and accessory uses as stated in this section.
3. 
RRC density. The maximum permitted RRC density shall be 0.167 units per net developable acre. In order to calculate the maximum permissible number of lots, the net developable tract acreage shall be multiplied by 0.167.
4. 
Minimum lot size: 40,000 square feet in the RRC Zone. All lots are subject to § 550-135 of this chapter as it relates to septic system design.
5. 
The site design of open lands subdivisions should shift the more intensive development toward those lands that can best support the installation of the dwelling, well, septic system and associated site improvements. Open lands subdivisions should seek to preserve those areas which exhibit sensitive environmental features (i.e., water bodies, floodplains, steep slopes, shallow bedrock, aquifer recharge areas, seasonal high-water table, etc.) or which contain active or prime agricultural lands or forested areas.
6. 
At least 75% of a tract proposed for open lands subdivision in the RRC District shall be designated as "open lands" and shall, as a condition of approval of the development, be deed-restricted for agricultural or conservation use. Lots qualifying as open lands shall be permitted a primary residence and other accessory buildings and uses as provided in this chapter.
7. 
At least 60% of designated open lands shall be some combination of unconstrained land area, or prime soils or soils of statewide importance, or forested area. On tracts in areas which are predominantly active agricultural lands or consist of prime agricultural soils or soils of statewide importance, the preservation of agricultural lands and soils shall take precedence. On tracts in areas which are predominantly forested areas, the preservation of forested areas shall take precedence.
8. 
For tracts of 100 acres or less, the open lands shall be contained in one deed-restricted contiguous parcel; for tracts greater than 100 acres, the open lands may be composed of noncontiguous parcels, provided that each open lands area shall contain at least 50 contiguous acres. When noncontiguous open lands parcels of at least 50 acres are provided, each parcel may have a residence, provided that the total permitted density is not exceeded.
9. 
All lots created under this subdivision option shall be deed-restricted against further subdivision for the purpose of creating an additional lot or lots.
(c) 
Details required for preliminary subdivision plats. Application submissions shall comply with § 550-225 of this chapter.
(d) 
Design standards. Open lands subdivisions shall be governed by the design standards contained in Subsection B(13)(d).
(e) 
Concept plan review. An applicant for open lands subdivision shall submit a concept plan of the subdivision to the Planning Board for review and comment in accordance with Subsection B(13)(e) of this chapter.
(15) 
Requirements for Development Option III Conservation Subdivision in the RRC Zone.
(a) 
Purpose. The purpose of this development option is to promote the permanent preservation of large contiguous tracts of farmland, woodlands, wetlands, floodplains, stream corridors and other natural resource features by providing flexibility in the arrangement of residential development around preserved open space. It is intended that this development option will aid the preservation of the rural character, productive farmland soils, woodlands and other critical habitat areas found throughout the eastern portion of the Township and minimize negative environmental impacts while providing reactive flexibility for residential and agricultural development. Unless otherwise stated, the standards stated below shall supersede other standards stated in this section.
(b) 
Zoning requirements.
1. 
This conservation cluster subdivision option is available for tracts or parcels containing a minimum of 25 contiguous acres, and development parcels may be separated by existing roadways.
2. 
Permitted uses: single-family houses, agricultural uses and accessory uses as stated in this section.
3. 
RRC density. The maximum RRC density shall be 0.167 units per net developable acre, plus one bonus dwelling unit in return for permanent open space dedication. In order to calculate the maximum permissible number of lots, the net developable acreage shall be multiplied by 0.167, to which one additional unit shall be added.
4. 
Minimum lot size: 40,000 square feet in the RRC District. All lots are subject to § 550-135 of this chapter as it relates to septic system design.
5. 
The site design of conservation cluster subdivisions should locate home sites on lands that can best support the installation of the dwelling, well, septic system and associated site improvements, and preserve those areas which exhibit sensitive environmental features (i.e., water bodies, floodplains, steep slopes, shallow bedrock, aquifer recharge areas, seasonal high-water table, etc.) or which contain active or prime agricultural lands or forested areas.
6. 
At least 65% of a tract proposed for conservation cluster subdivision in the RRC District shall be designated as open space and shall, as a condition of approval of the development, be deed-restricted exclusively for recreational and/or agricultural and/or conservation use or conveyed to the Township as open space.
7. 
All lots created under this subdivision option shall be deed-restricted against further subdivision for the purpose of creating an additional lot or lots.
8. 
When a development plan incorporates open space, the applicant may, if both the applicant and the Township agree, deed the open space to the Township. If the development plan incorporates multiple ownership such as a cooperative or condominium, any open space not deeded to the Township shall be owned and maintained by an association.
9. 
Passive open space should be left in its natural state, augmented for erosion control and aesthetic value by landscaping. Particular effort should be made to reduce future maintenance requirements. Improvements should be limited to pedestrian and bicycle circulation, hiking trails, picnic areas and similar uses.
10. 
Area reserved as permanent open space shall have a minimum contiguous area of not less than five acres, and no portion thereof shall be less than 50 feet in width. At least 50% of the open space shall be uplands. The open space area(s) shall be contiguous to open space on adjoining parcels, where applicable, and shall include areas identified in the Township's Open Space and Recreation Plan, including greenways.
11. 
The open space shall be reserved in perpetuity either by dedication for public use or for use by the residents of the development by private covenant or deed restriction for one of the following purposes:
a. 
Undeveloped open space.
b. 
Public or private recreational facilities.
c. 
Conservation of environmentally sensitive features, including, but not limited to, steep slopes, wetlands, aquifer recharge area, floodplains and wooded areas.
d. 
Agricultural use.
12. 
Provision shall be made to ensure suitable maintenance of any area to be reserved by private covenant or deed restriction by the establishment of a property owners' association or other appropriate organization.
(c) 
Details required for preliminary plats. Application submissions shall comply with § 550-225 of this chapter.
(d) 
Design standards. Conservation cluster subdivisions shall be governed by the design standards contained in Subsection B(13)(d).
(e) 
Concept plan review. An applicant for conservation cluster subdivision shall submit a concept plan of the subdivision to the Planning Board for review and comment in accordance with Subsection B(13)(e) of this section.
[Amended 1-20-1993 by Ord. No. 93-008; 4-20-2006 by Ord. No. 06-014; 12-21-2011 by Ord. No. 11-043]
In the R-15 Single-Family Residential, R-10 Single-Family Residential, R-7 Single-Family Residential and R-5 Single-Family Residential Districts the following shall apply:
A. 
Principal permitted uses on the land and in buildings.
(1) 
Detached single-family dwelling units.
(2) 
Public playgrounds, conservation areas and public purpose uses.
(3) 
Public recreational and community center buildings and grounds.
(4) 
Public libraries.
(5) 
Parks and playgrounds, but not including amusement parks or similar uses which detract from the natural rural characteristics of the district or are operated for profit.
(6) 
Buildings used exclusively by the federal, state, county or local municipal government.
(7) 
Horticultural use, including nursery or greenhouse, provided that no greenhouse heating plant shall be permitted within 100 feet of any lot line.
(8) 
Harvesting of wild crops, such as berries and tree fruits.
(9) 
Repair and maintenance of farm buildings and machinery located and used on the same premises, including required workshops.
(10) 
Farms. See § 550-136, Right to farm, of this chapter.
Note: Please note that items in Subsection A(7) through (9) are not permitted in the R-10 and R-7 Zones.
B. 
Accessory uses permitted:
(1) 
Private residential pools. (See Article IV for standards.)
(2) 
Private residential tool or garden sheds not to exceed 150 square feet in area and 12 feet in height and located three feet from property lines.
[Amended 5-21-2019 by Ord. No. 19-027]
(3) 
Boats on trailer and campers, to be parked or stored only and located in rear yards only. Their dimensions shall not be counted in determining total building coverage, and they shall not be used for temporary or permanent living quarters while situated on a lot. Boats and campers, when stored in rear yards, are to observe side and rear yard requirements associated with accessory buildings.
(4) 
Off-street parking and private garages.
(5) 
Fences and walls. (See § 550-114.)
(6) 
Signs.
(7) 
Residential agriculture (R-15 Zone only).
(8) 
Private greenhouses, garden houses, tennis courts and outdoor fireplaces.
(9) 
Barns and silos (R-15 Zone only).
(10) 
Keeping of not more than four dogs or four cats over six months old for individual domestic purposes in any single-family detached residence. Any single-family detached residence may contain only a total of four dogs or cats altogether, except for homes in the R-5 Residential District where all residences may contain only a total of two dogs or cats altogether, except that a litter or portion thereof may be kept for a period of six months.
[Amended 12-3-2013 by Ord. No. 13-044]
(a) 
The above limitation shall not apply to an operating farm nor to residents of a single-family detached dwelling who are members of a bona fide active 501(c)(3) nonprofit animal rescue organization that fosters dogs and/or cats on a temporary basis. However, there shall be a limit of six fostered dogs or cats over the age of six months, or a combination of six altogether, except that a litter or portion thereof may be kept for a period of no more than six months. The number of foster dogs and/or cats is over and above the allowable limit for individual domestic purposes.
(11) 
Temporary sales or construction trailer(s).
(a) 
The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.
(b) 
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c) 
The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.
(d) 
Only one sales trailer and two construction trailers are permitted per project.
(12) 
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137
(13) 
Parking of one commercial vehicle as outlined in § 550-312H of this chapter.
(14) 
Dog runs. Dog runs are permitted as accessory uses to residential properties, subject to standards specified in § 550-312S of this chapter.
(15) 
Roof-mounted solar or photovoltaic energy-generating facility.
(16) 
Private residential garages shall not exceed 25 feet wide by 25 feet deep. The finishing of a garage with metal panels or siding is prohibited.
[Added 6-19-2018 by Ord. No. 18-020]
(17) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
C. 
Other uses permitted upon application to the municipal agency for a conditional use permit:
(1) 
Golf course, excluding a golf driving range or miniature golf course, provided that the chief activity for a club or lodge shall not be one which is customarily carried on as a business, and provided that the buildings and services shall be for the use of members and their guests only.
(2) 
Hospitals, medical institutions, philanthropic or eleemosynary uses, provided that plans for such facilities have met all requirements of state and Township health regulations, but not including correctional institutions or hospitals exclusively for the isolation of contagious diseases or for the insane.
(3) 
Nursing homes.
(4) 
Churches and other places of worship, Sunday school buildings, rectories and parish houses.
(5) 
Public and parochial schools and colleges, and private schools and colleges for academic instruction.
(6) 
Public utility installations.
(7) 
Senior citizen housing subsidized by the federal and/or state government shall be permitted as a conditional use in the R-15 and R-10 Zones only.
(8) 
The conversion of single-family and/or multifamily dwellings into offices and/or the construction of new office buildings only along highways specified in § 550-161I of this chapter.
(9) 
Home occupations.
(10) 
Funeral homes and mortuaries, subject to the same conditions as those governing the conversion of single-family dwellings into offices and/or the construction of new office buildings. (See § 550-161I.)
D. 
Maximum building height.
(1) 
No building shall exceed 35 feet in height and 2.5 stories.
(2) 
The height of accessory buildings shall not exceed 15 feet.
E. 
Area and yard requirements (detached dwellings).
District
R-15
R-10
R-7
R-5
Minimum requirements
Principal building:
Lot area (square feet)
15,000
10,000
7,000
5,000
Lot frontage (feet)
100
80
70
50
Lot width (feet)
100
80
70
50
Lot depth (feet)
120
100
90
90
Side yard, each (feet)
15
10
10
5
Front yard (feet)
40
30
25
20
Rear yard (feet)
40
30
25
25
Accessory building:
Distance to side line (feet)
15
10
6
5
Distance to rear line (feet)
20
10
6
5
Distance to other building (feet)
20
20
10
10
Maximum requirements
Building coverage (percent)
20%
20%
25%
30%
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) 
Dwelling units shall each provide two spaces per dwelling unit.
(2) 
See § 550-119 for additional standards.
G. 
Permitted signs. See § 550-124 of this chapter for standards.
H. 
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
I. 
Landscaping and preservation of natural features. See §§ 550-117, 550-119 and 550-130 of this chapter for design standards.
J. 
Fences, walls and sight triangles. See § 550-114 for details.
K. 
Source-separation or recycling plan. See § 550-134 of this chapter for requirements.
L. 
Accessory buildings. See § 550-111 of this chapter for design standards.
[Amended 1-20-1993, by Ord. No. 93-008; 1-3-1996 by Ord. No. 96-008; 12-21-2011 by Ord. No. 11-043]
In the A/T Multiple-Family Residential District, the following shall apply:
A. 
Principal permitted uses on the land and in buildings.
(1) 
Garden apartments. (See § 550-162 for additional standards.)
(2) 
Townhouses. (See § 550-163 for additional standards.)
(3) 
Any development incorporating both garden apartments and townhouses must allow that no more than 65% of all dwelling units are either garden apartments or townhouses.
B. 
Accessory uses permitted:
(1) 
Private residential swimming pools. (See § 550-126 for standards.)
(2) 
Off-street parking and private garages.
(3) 
Fences and walls. (See § 550-114.)
(4) 
Signs.
(5) 
One office, to be located within an apartment or townhouse unit, to provide facilities for management of an apartment or townhouse complex.
(6) 
Temporary sales or construction trailers.
(a) 
The trailer shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.
(b) 
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c) 
The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.
(d) 
Only one sales trailer and two construction trailers are permitted per project.
(7) 
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals.
(8) 
Keeping of not more than two domestic animals over six months old for individual domestic purposes.
(9) 
Roof-mounted solar or photovoltaic energy-generating facility.
(10) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
C. 
Other uses permitted upon application to the municipal agency for a conditional use permit:
(1) 
Public utility installations.
(2) 
Churches and other places of worship, Sunday school buildings, rectories and parish houses.
(3) 
Senior citizen housing subsidized by the federal or state government.
D. 
Maximum building height.
(1) 
No building shall exceed 35 feet in height and 2.5 stories.
(2) 
The height of accessory buildings shall not exceed 15 feet.
E. 
Area and yard requirements.
(1) 
Minimum tract size and frontage. The minimum tract size shall be 10 acres. A minimum of 300 feet of frontage on one arterial or collector street shall be required. All plans shall delineate the boundaries of the portion(s) of the tract devoted to each use.
(2) 
Recreation areas and facilities. Land area equal to at least 560 square feet for each dwelling shall be specified on the site plan and improved by the developer as active recreation areas for use by the residents of the development. Such areas shall be an integral part of the development, and each shall be at least 1/2 acre and at least 100 feet wide and have a grade of less than 5%. Recreational facilities shall include residential swimming pool(s) and regulation doubles tennis court(s), tot-lots and playgrounds. The municipal agency may permit other recreational facilities to be constructed in lieu of and as alternative equivalents of the aforesaid pool and tennis facilities, provided that they would seem to be appropriate substitutes thereof.
(3) 
Additional standards. For additional standards for townhouse and/or apartment developments see §§ 550-163 and 550-164 of this chapter.
(4) 
Front yard. The minimum front yard along a primary or secondary road on which the lot abuts shall be 50 feet. The minimum front yard along all other streets, whether public or private, shall be 30 feet.
(5) 
Side yard. The minimum width of a side yard shall not be less than 25 feet unless the side yard abuts a single-family residential use or district line. In such cases the side yard requirement shall be increased to 75 feet and shall include a landscaped buffer area of at least 25 feet in width, in accordance with buffer standards in this chapter.
(6) 
Rear yard. The minimum width of a rear yard shall not be less than 50 feet unless the rear yard abuts a single-family residential use or district line. In such cases the rear yard requirement shall be increased to 75 feet and shall include a landscaped buffer area of at least 25 feet in width in accordance with buffer standards in this chapter.
(7) 
Minimum yard areas. Minimum yard areas shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of two abutting yard areas. No building, as measured radially from any corners, shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two side yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined side yard width.
(8) 
Maximum lot coverage. Maximum lot coverage shall be 20%.
(9) 
Streets. The minimum right-of-way for any street, road or thoroughfare, whether public or private, shall be 56 feet.
(10) 
Garages.
(a) 
If garages are provided, they shall have a floor area of not less than 240 square feet.
(b) 
No garage or other accessory building shall be placed closer to a side or rear property line than 50 feet when abutting a residential district or another apartment project; in all other cases, this distance may be reduced to 25 feet.
(c) 
Each group of attached garages shall have a joint capacity of not more than 10 vehicles arranged in a row, and there shall be a minimum distance of 12 feet between such structures.
(d) 
Garages and other accessory buildings shall be no more than one story in height. The architectural design and materials used in the construction thereof shall conform to the design and building materials used in the construction of the apartment buildings. No part of any garage or other accessory building shall be used for living purposes.
F. 
Density. No development shall exceed 10 dwelling units per acre.
G. 
Minimum off-street parking.
(1) 
Two spaces for each apartment or townhouse dwelling unit.
(2) 
See § 550-119 for additional standards.
H. 
Permitted signs. See § 550-124 of this chapter for standards.
I. 
Landscaping and preservation of natural features. See §§ 550-117, 550-119 and 550-130 of this chapter for design standards.
J. 
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
K. 
Fences, walls and sight triangles. See § 550-114 for details.
L. 
Source-separation or recycling plan. See § 550-134 of this chapter for requirements.
M. 
Accessory buildings. See § 550-111 of this chapter for design standards.
[Amended 1-20-1993 by Ord. No. 93-008; 4-14-1997 by Ord. No. 97-012; 12-4-2002 by Ord. No. 02-037; 12-21-2011 by Ord. No. 11-043]
In the NC Neighborhood Commercial District, the following shall apply:
A. 
Purpose. A Neighborhood Commercial Zone is established as a business district adjacent to residence districts in which such uses are permitted as are normally required for the daily local business and/or convenience needs of the residents of the immediately surrounding residential areas.
B. 
Principal permitted uses on the land and in buildings. [Note: Convenience stores are permitted in the HC Highway Commercial and GC General Commercial Zones only; see § 550-78B(55).]
(1) 
Confectionery, luncheonettes and delicatessens.
(2) 
Stationery and tobacco.
(3) 
Hardware, paints and wallpaper.
(4) 
Bakery.
(5) 
Periodicals and newspapers.
(6) 
Barber and beauty shops.
(7) 
Tailoring and dressmaking.
(8) 
Bakery goods store.
(9) 
Book or gift store.
(10) 
Candy store and/or fountain.
(11) 
Clothes cleaning store with two or less trucks associated with it.
(12) 
Clothing (new) and dry goods store.
(13) 
Drugstore.
(14) 
Package liquor store.
(15) 
Ice cream store.
(16) 
Interior decorating business.
(17) 
Jewelry store.
(18) 
Self-cleaning laundry.
(19) 
Notion and variety store.
(20) 
Repair or service shops for household or personal goods.
(21) 
Shoe repair shop.
(22) 
Prepared foods: take-out and delivery only, with no seating.
(23) 
Combinations of two or more of the above-permitted uses in one principal building.
(24) 
Photography studio, photo supplies, artist's studio.
(25) 
Antique store.
(26) 
Art gallery.
(27) 
Sporting goods store.
(28) 
All existing residences as of the date of the adoption of this chapter. For purposes of evaluating proposed additions or expansions, bulk and yard requirements of those residential zone districts which most closely resemble the size of the lot in question will be utilized.
(29) 
Child and infant care centers. See § 550-138 for design standards.
(30) 
Video store.
(31) 
Adult day care.
[Added 9-16-2014 by Ord. No. 14-063]
(32) 
Body art establishments, subject to the provisions of Chapter 133.
[Added 6-1-2021 by Ord. No. 21-027]
C. 
Accessory uses permitted:
(1) 
Off-street parking.
(2) 
Fences and walls. (See § 550-114.)
(3) 
Signs.
(4) 
Garages, storage buildings and toolsheds.
(5) 
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137.
(6) 
Roof-mounted solar or photovoltaic energy-generating facility.
(7) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
D. 
Other uses permitted upon application to the municipal agency for a conditional use permit:
(1) 
Public utility installations.
(2) 
Nursing homes.
(3) 
Churches and other places of worship, Sunday school buildings, rectories and parish houses.
E. 
Maximum building height. No building shall exceed 35 feet in height.
F. 
Area and yard requirements.
NC Neighborhood Commercial District
Minimum requirements
Principal building:
Lot area (square feet)
5,000
Lot frontage (feet)
50
Lot width (feet)
50
Lot depth (feet)
75
Side yard, each (feet)
5
Front yard (feet)
25
Rear yard (feet)
10
Accessory building:
Distance to side line (feet)
5
Maximum requirements
Distance to rear line (feet)
10
Distance to other building (feet)
10
Floor area ratio
0.15
Maximum impervious surface coverage (percent)
60%
G. 
General requirements.
(1) 
Any principal building may contain more than one use and/or organization, provided that the total building coverage of the combined activities does not exceed the maximum building coverage specified for the district and, further, that each activity occupies a minimum gross floor area of 750 square feet.
(2) 
At least the first 10 feet adjacent to any street line and five feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery.
(3) 
A minimum buffer area of 10 feet in width shall be provided along any common property line with a residential district. [See §§ 550-119G(7) and 550-130B.]
(4) 
For additional general requirements see § 550-84, General requirements in nonresidential districts.
H. 
Minimum off-street loading. See § 550-119E, F, G and H of this chapter for standards.
I. 
Minimum off-street parking. See § 550-119 of this chapter for standards.
J. 
Permitted signs. See § 550-124 of this chapter for standards.
K. 
Development credit adjustments for environmentally constrained areas. See § 550-84K of this chapter for standards.
L. 
Architectural design standards. For architectural design standards, see § 550-112 of this chapter.
M. 
Landscaping and preservation of natural features. See §§ 550-117, 550-119 and 550-130 of this chapter for design standards.
N. 
Fences, walls and sight triangles. See § 550-114 for details.
O. 
Source-separation or recycling plan. See § 550-134 of this chapter for requirements.
P. 
Accessory buildings. See § 550-111 of this chapter for design standards.
[Amended 1-20-1993 by Ord. No. 93-008; 4-14-1997 by Ord. No. 97-012; 12-4-2002 by Ord. No. 02-037; 12-21-2011 by Ord. No. 11-043]
In a CC Community Commercial District, the following shall apply:
A. 
Purpose. The CC areas, as the name implies, will serve a larger residential population. As such, the areas are almost entirely developed and are located to take advantage of relatively good accessibility from the developed concentrations within the Township.
B. 
Principal permitted uses on the land and in buildings. [Note: Convenience stores are permitted in the HC Highway Commercial and GC General Commercial Zones only; see § 550-78B(55).]
(1) 
All uses permitted in the NC Neighborhood Commercial Zone, subject to the requirements of the CC Community Commercial Zone.
(2) 
Restaurants, bars and taverns.
(3) 
Banks, including drive-in facilities.
(4) 
Dancing studio.
(5) 
Florist.
(6) 
Household appliance store.
(7) 
Stereo, radio, television, computer and telecommunications stores.
(8) 
Offices, business and professional.
(9) 
Funeral homes and mortuaries.
(10) 
Auto parts store.
(11) 
Combination of two or more permitted uses in one principal building.
(12) 
All existing residences as of the date of the adoption of this chapter. For purposes of evaluating proposed additions or expansions, bulk and yard requirements of those residential zone districts which most closely resemble the size of the lot in question will be utilized.
(13) 
Music conservatories or music instructions.
(14) 
Bicycle sales, rental or repair.
(15) 
Parcel package shipping store or mailing center.
C. 
Accessory uses permitted:
(1) 
Off-street parking.
(2) 
Fences and walls. (See § 550-114.)
(3) 
Signs.
(4) 
Garages, storage buildings and toolsheds.
(5) 
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137.
(6) 
Temporary sales or construction trailer(s).
(a) 
The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.
(b) 
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c) 
The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.
(d) 
Only one sales trailer and two construction trailers are permitted per project.
(7) 
Roof-mounted solar or photovoltaic energy-generating facility.
(8) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
D. 
Other uses permitted upon application for a conditional use permit.
(1) 
Public utility installations.
(2) 
Service stations.
(3) 
Nursing homes.
(4) 
Churches and other places of worship, Sunday school buildings, rectories and parish houses.
(5) 
Senior citizen housing subsidized by the federal or state government.
E. 
Maximum building height. No building shall exceed 35 feet in height.
F. 
Area and yard requirements.
CC Community Commercial District
Minimum requirements
Principal building:
Lot area (square feet)
7,500
Lot frontage (feet)
60
Lot width (feet)
60
Lot depth (feet)
90
Side yard, each (feet)
10
Front yard (feet)*
30
Rear yard (feet)
15
Accessory building:
Distance to side line (feet)
10
Distance to rear line (feet)
10
Distance to other building (feet)
10
Maximum requirements
Floor area ratio
0.18
Maximum impervious surface coverage (percent)
60%
*
NOTE: Front yard setbacks may be reduced to 20 feet where parking is provided in the rear or side yards and the property is located on a major arterial, arterial or major collector roadway.
G. 
General requirements.
(1) 
Any principal building may contain more than one use and/or organization, provided that the total building coverage of the combined activities does not exceed the maximum building coverage specified for the district and, further, that each activity occupies a minimum gross floor area of 750 square feet except as noted.
(2) 
At least the first 10 feet adjacent to any street line and five feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery.
(3) 
A minimum buffer area of 10 feet in width shall be provided along any common property line with a residential district. [See §§ 550-119G(7) and 550-130B.]
(4) 
No entrance or exit, at the curbline only, shall be closer than 12 feet to a side lot line.
(5) 
For additional general requirements, see § 550-84, General requirements in nonresidential districts.
H. 
Minimum off-street loading. See § 550-119E, F, G and H of this chapter for standards.
I. 
Minimum off-street parking. See § 550-119 of this chapter for standards.
J. 
Permitted signs. See § 550-124 of this chapter for standards.
K. 
Development credit adjustments for environmentally constrained areas. See § 550-84K of this chapter for standards.
L. 
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
M. 
Landscaping and preservation of natural features. See §§ 550-117, 550-119 and 550-130 of this chapter for design standards.
N. 
Fences, walls and sight triangles. See § 550-114 for details.
O. 
Source-separation or recycling plan. See § 550-134 of this chapter for requirements.
P. 
Accessory buildings. See § 550-111 of this chapter for design standards.
[Amended 1-20-1993 by Ord. No. 93-008; 1-3-1996 by Ord. No. 96-008; 4-14-1997 by Ord. No. 97-012; 9-16-1998 by Ord. No. 98-034; 12-21-2011 by Ord. No. 11-043]
In the HC Highway Commercial and GC General Commercial Districts, the following shall apply:
A. 
Purpose.
(1) 
HC Highway Commercial Zones are intended to provide locations in the Township where highway-oriented businesses servicing the needs of highway users and encompassing a broader service area than GC Zones may be located. No parcel of land shall be considered in the Highway Commercial Zone unless said parcel abuts the major arteries listed in § 550-44A of this chapter.
(2) 
The GC areas are intended to allow a wide spectrum of commercial activities not necessarily associated with highway access and the traveling public.
(3) 
Highway Commercial Design District. See §§ 550-85 and 550-86 of this chapter.
B. 
Principal permitted uses on the land and in the buildings.
(1) 
All uses permitted in the NC Neighborhood Commercial and the CC Community Commercial Zones, subject to the requirements of the HC Highway Commercial Zone or the GC General Commercial Zone.
(2) 
Restaurants, bars, taverns and nightclubs.
(3) 
Department stores.
(4) 
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 only for the storage, sale and display of living plant material with proper screening.
(5) 
Bowling alleys.
(6) 
Supermarkets.
(7) 
Manufacturing plants, in the GC District only, of a type which carry on processes within completely enclosed buildings, including the manufacture, assembly or treatment of products from previously prepared materials.
(8) 
Wholesale distribution centers and warehouses, in the GC District only.
(9) 
Automobile repair shop, provided that all operations are conducted within a completely enclosed building.
(10) 
Automobile upholstery shop.
(11) 
Automobile parking lot for private passenger vehicles but not for storage of vehicles for sale.
(12) 
Awning or canvas store.
(13) 
Beverages, retail or wholesale distribution of.
(14) 
Bicycle sales, rental or repair.
(15) 
Blueprinting establishment.
(16) 
Buildings used exclusively by the federal, state, county or local municipal government for public purposes.
(17) 
Building material sales establishment, with outdoor storage to be screened.
(18) 
Business college.
(19) 
Business uses oriented to marine activities, such as the sale and rental of boats and boat engines, boating supplies and fishing supplies, with outdoor storage to be screened.
(20) 
Cabinet and woodworking shop.
(21) 
Catering establishment.
(22) 
Contractor's storage, if confined entirely to a completely enclosed building, in the GC Zone only.
(23) 
Equipment rental and sales yard, with proper screening.
(24) 
Electrical shop or contractor.
(25) 
Exhibition building.
(26) 
Frozen food locker.
(27) 
Furniture and furnishings, sale of.
(28) 
Hospital for small animals (dogs, cats and the like), including kennel, provided that yards are enclosed.
(29) 
Laboratory servicing medical and dental requirements.
(30) 
Lumberyard, retail.
(31) 
Museum.
(32) 
Office furniture, appliances and supply business.
(33) 
Pet shop, not involving the treatment or boarding of cats and dogs.
(34) 
Plumbing and heating shop or contractor with indoor storage.
(35) 
Printing, lithography, publishing and photostating establishments.
(36) 
Recreation area, public.
(37) 
Sheet metal shop or contractor, in the GC District only.
(38) 
Sign shop.
(39) 
Stone or monument works, with proper screening.
(40) 
Taxidermist.
(41) 
Theater, not including drive-in or open air, and not to be located in combination with a book or magazine store and not to be located within 1,000 feet of any such store.
(42) 
Trade school.
(43) 
Wholesale stores and distributors in a completely enclosed building not involving the processing or treatment of goods or products.
(44) 
Tool and die shop, in the GC District only.
(45) 
Combinations of two or more of the permitted uses.
(46) 
All existing residences as of the date of the adoption of this chapter. For purposes of evaluating proposed additions or expansions, bulk and yard requirements of those residential zone districts which most closely resemble the size of the lot in question will be utilized.
(47) 
Indoor recreation uses.
(48) 
Health clubs.
(49) 
Miniature golf.
(50) 
Limousine services, in GC Zone only.
(51) 
Small truck rentals exclusive of flatbeds, tractor-trailers or similar size trucks in GC Zone only.
(52) 
Billiard hall.
(53) 
Taxicab and bus companies with associated vehicle storage yards (yards to be properly screened), in the GC Zone only.
(54) 
Automobile rentals.
(55) 
Convenience stores.
(56) 
Shopping centers.
[Added 6-17-2014 by Ord. No. 14-022]
(57) 
Massage, bodywork and somatic therapy establishments subject to the provisions of Chapter 296, Massage and/or Somatic Establishments, but only in the HC Highway Commercial Zone.
[Added 10-20-2016 by Ord. No. 16-053]
(58) 
Brewpub, in HC Zone only.
[Added 11-21-2017 by Ord. No. 17-041]
(59) 
Craft brewery and craft distillery, in HC Zone only.
[Added 10-5-2021 by Ord. No. 21-054]
C. 
Accessory uses permitted:
(1) 
Off-street parking.
(2) 
Fences and walls. (See § 550-114.)
(3) 
Signs.
(4) 
Garages, storage buildings and toolsheds.
(5) 
Temporary sales or construction trailer(s).
(a) 
The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.
(b) 
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c) 
The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.
(d) 
Only one sales trailer and two construction trailers are permitted per project.
(6) 
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137.
(7) 
Roof-mounted solar or photovoltaic energy-generating facility.
(8) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
D. 
Other uses permitted upon application to the municipal agency for a conditional use permit:
(1) 
Public utility installations.
(2) 
Service stations.
(3) 
Car washes.
(4) 
Automobile sales: new and/or used cars.
(5) 
Fast food restaurant.
E. 
Maximum building height. No building shall exceed 35 feet in height.
F. 
Area and yard requirements.
HC Highway Commercial and GC General Commercial Districts
Individual Uses
Shopping Center
Minimum requirements
Principal building:*
Lot area (square feet or acres)
20,000
8
Lot frontage (feet)
125
400
Lot width (feet)
125
400
Lot depth (feet)
150
400
Side yard, each (feet)
20
100
Front yard (feet)
60
100
Rear yard (feet)
40
100
Accessory building:
Distance to side line (feet)
10
100
Distance to rear line (feet)
10
100
Distance to other building (feet)
10
*
Maximum requirements
Floor area ratio
0.20
0.20
Maximum impervious surface coverage (percent)
60%
60%
*
NOTE: All principal buildings shall be separated by a minimum of 25 feet, provided that such separation is to be used solely for pedestrian circulation. All principal buildings shall be separated by a minimum of 50 feet when 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 principal buildings. In addition, the separation requirements should not be construed to prohibit enclosed shopping centers or mall development.
G. 
General requirements.
(1) 
Any principal building may contain more than one use and/or organization, provided that the total building coverage of the combined activities does not exceed the maximum building coverage specified for the district and, further, that each activity occupies a minimum gross floor area.
(2) 
No merchandise, products, equipment or similar material or objects shall be displayed or stored outside, except that uses in the GC District may have an outside storage area for vehicles, provided that such outside storage area does not exceed 20% of the lot area and is located in the rear yard only. The area shall be enclosed entirely by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street, residential zoning district or existing residential use.
(3) 
A minimum buffer area of 20 feet in width shall be provided along any common property line with a residential district or residential use.
(4) 
Along each street line, a thirty-foot-wide suitably landscaped strip shall be provided in conjunction with shopping center development. In addition, paved parking areas shall provide landscaped planting strips, particularly at the ends of parking rows. Said ends of parking areas shall be surrounded by concrete curb or Belgian block curb and shall be of a size sufficient to contain a two-and-one-half-inch-caliper shade tree, which shall be required in each planting strip.
(5) 
Entrances and exits upon a public street or road shall not be located within 80 feet of any street intersection, the distance to be measured from the intersection of the right-of-way lines at the corner affected and the closest point of such proposed driveway. No entrance or exit at the curbline shall be closer than 12 feet to a side lot line.
(6) 
At least the first 10 feet adjacent to any street line and five feet adjacent to any lot line shall not be used for parking and shall be planted in lawn area or ground cover or landscaped with evergreen shrubbery.
(7) 
For additional general requirements see § 550-84, General requirements in nonresidential districts.
H. 
Minimum off-street loading.
(1) 
[1]See §§ 550-84E and 550-119E, F, G and H for additional standards.
[Amended 9-16-2014 by Ord. No. 14-064]
[1]
Editor's Note: Original subsections a. and b., regarding loading dock facilities, which immediately preceded this subsection, were repealed 9-16-2014 by Ord. No. 14-064.
I. 
Minimum off-street parking. See § 550-119 of this chapter for standards.
J. 
Permitted signs. See § 550-124 of this chapter for standards.
K. 
Development credit adjustments for environmentally constrained areas. See § 550-84K of this chapter for standards.
L. 
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
M. 
Landscaping and preservation of natural features. See §§ 550-117, 550-119 and 550-130 of this chapter for design standards.
N. 
Fences, walls and sight triangles. See § 550-114 for details.
O. 
Source-separation or recycling plan. See § 550-134 of this chapter for requirements.
P. 
Accessory buildings. See § 550-111 of this chapter for design standards.
[Amended 1-20-1993 by Ord. No. 93-008; 8-18-1993 by Ord. No. 93-039; 1-3-1996 by Ord. No. 96-008; 12-4-2002 by Ord. No. 02-037; 12-21-2011 by Ord. No. 11-043]
In the GSC Government Service Center District, the following shall apply:
A. 
Purpose. The GSC government service center area has been designated in recognition of both the existing Township facilities located within the area and the excellence of the land area for the future location of additional government service facilities. The parcel is located in the central portion of the Township and enjoys excellent road accessibility.
B. 
Principal permitted uses on the land and in buildings. [Note: Convenience stores are permitted in the HC Highway Commercial and GC General Commercial Zones only; see § 550-78B(55).]
(1) 
All forms of Township land uses, including but not limited to public playgrounds, conservation areas, parks, public purpose uses and publicly owned/privately maintained and operated recreation facilities.
(2) 
Banks.
(3) 
Offices and office buildings, business and professional.
(4) 
Radio or television broadcasting station, including studios, auditoriums and other rooms for performances and including office and other space incident to and necessary for the principal use, exclusive of broadcasting towers and antennas.
(5) 
Theater, not including a drive-in theater.
(6) 
Museums, exhibition halls, art galleries, libraries, music conservatories or instruction, art, photographic and dance studios, and other cultural facilities of a similar nature.
(7) 
Restaurants and bars as accessory uses to restaurants.
(8) 
Indoor tennis, racquetball, squash and handball courts.
(9) 
Combinations of the above uses.
(10) 
All existing residences as of the date of the adoption of this chapter. For purposes of evaluating proposed additions or expansions, bulk and yard requirements of those residential zone districts which most closely resemble the size of the lot in question will be utilized.
(11) 
Child and infant care centers. See § 550-161F for design standards.
(12) 
On Lots 35, 36, 37, 15 and 18.01 of Section 499, apartments and/or townhouses are permitted uses. These dwellings may be either freestanding or located within buildings housing other permitted uses. A total of 225 units of housing are required, of which 45 are to be for low- and moderate-income tenants. These units must satisfy the New Jersey Council on Affordable Housing requirements. Where the dwelling units are freestanding, the following chapter sections are to apply in addition to §§ 550-79 and 550-81 of this chapter: §§ 550-75G(1) and (2); 550-162A, B and K; 550-163A, D and J.
(13) 
All uses permitted within the Neighborhood Commercial, Community Commercial, and Highway Commercial Zone Districts, with the exception of the following: §§ 550-77B(9) and (10); 550-78B(4), (5), (9), (10), (11), (13), (14), (17), (19), (21), (22), (24), (25), (26), (28), (30), (31), (33), (36), (39), (40), (45), (46), (47), (50), (51).
C. 
Accessory uses permitted:
(1) 
Off-street parking.
(2) 
Fences and walls. (See § 550-114.)
(3) 
Signs.
(4) 
Temporary sales or construction trailer(s).
(a) 
The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.
(b) 
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c) 
The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.
(d) 
Only one sales trailer and two construction trailers are permitted per project.
(5) 
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137.
(6) 
Roof-mounted solar or photovoltaic energy-generating facility.
(7) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
D. 
Other uses permitted upon application to the municipal agency for a conditional use permit:
(1) 
Public utility installations.
(2) 
Hotels.
(3) 
Hospitals.
(4) 
Schools.
(5) 
Clubs.
(6) 
Child care and infant care centers.
(7) 
Ground-mounted solar or photovoltaic energy-generating facility as a conditional accessory use.
(8) 
Solar or photovoltaic energy-generating parking structure as a conditional accessory use.
E. 
Maximum building height. No building shall exceed 70 feet and six stories in height.
F. 
Area and yard requirements (non-Township uses).
GSC Government Service Center District
Minimum requirements
Principal building:
Lot area (square feet)
120,000
Lot frontage (feet)
300
Lot width (feet)
300
Lot depth (feet)
300
Side yard, each (feet)
75
Front yard (feet)
100
Rear yard (feet)
75
Accessory building:
Distance to side line (feet)
50
Distance to rear line (feet)
50
Distance to other building (feet)
50
Maximum requirements
Floor area ratio
0.15
Maximum impervious surface coverage (percent)
50%
G. 
General requirements.
(1) 
Any principal building may contain more than one use or organization. More than one principal building may be constructed on any lot, provided that all chapter requirements are met and that a minimum distance of 50 feet is provided between the principal buildings.
(2) 
At least the first 50 feet adjacent to any street line and 50 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery. Any parking proposed within the front yard shall be screened by a landscaped berm of at least four feet in height having a slope of two to one or three to one.
(3) 
Land area equal to a minimum of 10% of the tract of land proposed for development shall be set aside for conservation, open space, floodplain, community facility, school site, recreation and park areas. Such land shall be optimally related to the overall municipal complex plan. Land to be devoted to public purposes may be offered to the Township or may be privately owned and maintained. Any lands intended to be offered to the Township for a public purpose shall be so stipulated prior to preliminary approval.
(4) 
A minimum buffer area of 50 feet in width shall be provided along any common property line with a residential district or residential use. [See §§ 550-119G(7) and 550-130B.]
(5) 
Entrances and exits. Entrances and exits upon a public street or road shall not be located within 100 feet of any street intersection, the distance to be measured from the intersection of the right-of-way lines at the corner affected and the closest point of such proposed driveway. No entrance or exit, at the curbline only, shall be closer than 12 feet from a side lot line. Entrance and exit sizes, location and construction shall also be in accordance with requirements of the governmental agency having jurisdiction over the facility upon which the permitted use has frontage.
(6) 
For additional general requirements see § 550-84, General requirements in nonresidential districts.
H. 
Minimum off-street loading. See § 550-119E, F, G and H for additional standards.
I. 
Minimum off-street parking. See § 550-119 of this chapter for standards.
J. 
Permitted signs. See § 550-124 of this chapter for standards.
K. 
Development credit adjustments for environmentally constrained areas. See § 550-84K of this chapter for standards.
L. 
Source-separation or recycling plan. See § 550-134 of this chapter for requirements.
M. 
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
N. 
Landscaping and preservation of natural features. See §§ 550-117, 550-119 and 550-130 of this chapter for design standards.
O. 
Fences, walls and sight triangles. See § 550-114 for details.
P. 
Accessory buildings. See § 550-111 of this chapter for design standards.
Q. 
Design standards. For design standards and uses regulated under the redevelopment area overlay, see § 550-80, Township Town Center Project Redevelopment Plan, of this chapter.
[Added 7-6-1995 by Ord. No. 95-039[1]]
The Township Town Center Project Redevelopment Plan, as amended, which is set forth in this section, shall constitute the municipal development regulations for the Government Service Center District. The zoning district map of the Township shall indicate the redevelopment area to which the redevelopment plan applies as the Government Service Center District.
A. 
Description of project.
(1) 
Boundaries. The redevelopment area is located in the central portion of the Township. The area to be redeveloped is bounded by Cypress Lane to the north, Whitehorse-Mercerville Road to the east, Route I-295 to the west and Section 499, Lots 39, 40, 41, 43, 44.01, 44.02, 45, 46, 47, 54, 75, 112, 113, 137 and 142 to the south. The redevelopment area includes Section 499, Lots 15 and 35.
(2) 
Redevelopment plan objectives.
(a) 
To create a mixed-use activity center in a village setting that includes government services, cultural activities and recreational, commercial, retail and family recreation establishments.
(b) 
To promote family-oriented activities that focus on education and recreation facilities permitted by law.
(c) 
To promote sensitive design solutions that integrate both the natural and man-made character of the site.
(d) 
To provide through design a significant statement of "place," a central area in the Township for citizens to meet, relax and work.
(e) 
To design a pedestrian-oriented facility. The town center setting shall promote the use of the site as a gathering place by encouraging strolling, sitting and possible street entertainment.
(f) 
To promote the effective design of both exterior and interior spaces to encourage their flexible use for a multitude of seasonal activities. Plazas, squares, colonnades, outdoor cafes, seating areas, fountains, artwork and gardens shall be encouraged to provide an attractive environment for year-round activity on the site.
(g) 
To promote a pleasingly built environment through high quality architectural design and open space design. High quality construction methods and craftsmanship shall also be encouraged.
(h) 
To provide adequate off-street parking to serve the users of the site. Surface parking shall be permitted; however, structured parking may be encouraged for later phases of the project.
(i) 
Encourage the interconnection and integration of uses on both the northerly and southerly side of Municipal Drive.
(j) 
The corner of Whitehorse-Mercerville Road and Municipal Drive serves as a gateway to the project, and therefore the design treatment of this corner is critical to the success of the project. The corner is not to be developed as surface parking. Rather, architectural elements such as retail stores, gazebos, colonnades, gatehouses and the like should be used to define the corner and provide an attractive entrance into the site. Critical attention must be taken in the architectural design of all facades facing Whitehorse-Mercerville Road and Municipal Drive.
(k) 
Preservation of the wetland areas and their incorporation into the redevelopment plan where possible.
(l) 
Develop a plan for the future use of the landfill which will complement the town center. This plan shall take into consideration the closure plan and the ecological facility.
(m) 
Uses that detract from the town center theme of a family-oriented place shall be prohibited.
B. 
Land use plan.
(1) 
Land use map. The attached land use map, dated May 1995, indicates the proposed land uses in the project area.[2]
[2]
Editor's Note: Said land use map, which was attached to Ord. No. 95-039, is on file in Township offices.
(2) 
Land use provisions and building requirements.
(a) 
Permitted land uses.
1. 
Government offices and related uses.
2. 
Banks.
3. 
Restaurants and bars as accessory uses to restaurants.
4. 
Theaters. Movie cinemas and community theaters.
5. 
Museums, exhibition halls, art galleries, libraries, music conservatories or instruction, art, photographic and dance studios and other cultural facilities of similar nature.
6. 
Civic arenas.
7. 
Child and infant care centers.
8. 
Boutiques, bookstore, flower shop, ice cream establishment and other similar small-scale commercial establishments.
9. 
Periodicals and newspapers.
10. 
Offices, business and professional.
11. 
Indoor tennis, racquetball, squash and handball courts.
12. 
Indoor and/or outdoor recreation facilities, such as golf driving range, golf course, aquatic center, tennis center and similar uses associated with family recreation.
13. 
Outdoor cafes, restaurants, theater and seating areas.
14. 
Housing in accordance with the Township zoning ordinances.
15. 
Parking and parking garages as accessory uses.
16. 
Parks, plazas and other public or quasi-public spaces.
17. 
Hotels.
18. 
Other retail establishments catering to the needs of family recreation and consistent with the theme of a municipal town center.
19. 
Recycling center on Parcel Number 3 only.
(b) 
Building requirements.
1. 
Regulations, controls and restrictions regarding building area, floor area, height, lot width, yard setbacks and parking, if not controlled by this redevelopment plan, shall be generally determined by the Township zoning and land development ordinance.
2. 
Building setbacks shall adhere to the GSC Zone District standards. Generally, buildings are to be built directly adjacent to sidewalks, plazas and other hard surfaces. If deemed appropriate, up to twenty-foot-wide landscape strips shall be planted adjacent to certain facades.
3. 
The general location of buildings and amenities and their relationship to each other shall generally follow the illustrative concept plan, which, however, shall not be deemed to be land use control. This configuration may change subject to review by the redevelopment agency. Buildings facing the plaza shall be encouraged to have colonnades, canopies, awnings, outdoor seating areas or other pedestrian-friendly elements. It is the intent of the Township and the redevelopment agency to allow for discretion with respect to aesthetics and site plan design. However, aesthetics and site plan design shall be subject to the approval of the appropriate Township agency.
4. 
Architectural elements. It is strongly encouraged that architectural design exercise a full array of creative design elements in order to achieve a place that is interesting, pedestrian-friendly and designed in a style that withstands the test of time. To this end, such elements as arcades, colonnades, clock towers, unique fenestration, balconies, material changes, dormers, hip, gable or mansard rooflines and the like are encouraged.
5. 
Building materials. Building materials should be chosen to express the idea of permanence on the site. Stone, brick, masonry aggregates and/or a combination of above materials shall be required. Roofs of all buildings shall be gable, gambrel or true mansard and shall be constructed of a raised-seam metal type.
6. 
Building(s) on the plaza on the primary axis with the front door of the existing library shall be no less than 40 feet high and no greater than 70 feet high. This structure shall also include a prominent architectural feature on axis with the library door. This feature may be a clock tower, obelisk or theater marquee, and it shall be a minimum of 45 feet high and a maximum of 70 feet high. The remaining buildings on the plaza square shall be a minimum of 30 feet high (measured to the top of the roofline).
7. 
Signs. Signs shall be architecturally incorporated into each building design. Each tenant shall be permitted a facade sign equal to 10% of the front facade leased to said tenant.
a. 
Signage should be uniform in nature, and the materials should be consistent with or at least complement the original construction materials and architectural style of the building facade.
b. 
Natural materials such as wood and metal are more appropriate than internally-lit plastic box signs. Individually-lit channel letter signs shall also be permitted as long as it constitutes a uniform theme on the site.
c. 
Appropriately designed neon window or facade signs can account for some or all of the 10% allowable signage on the building.
d. 
An awning with the store's name on it may serve as an attractive alternative when properly designed and installed.
e. 
A total of 600 square feet of signage may be distributed in up to three signs along the two frontages of Whitehorse-Mercerville Road and Municipal Drive in connection with Parcel 1. No sign shall exceed 250 square feet in area. Signs shall be incorporated into architectural elements such as gazebos, gatehouses, sculptures or similar structures and shall be set back a minimum of 20 feet from roadways. Signs shall not exceed 15 feet in height.
f. 
A total of 100 square feet of signage shall be permitted in one sign for Parcel 2. Said sign shall be architecturally harmonious with surrounding development and shall be set back a minimum of 20 feet from the roadway. Said sign shall not exceed 15 feet in height.
g. 
Blinking and flashing signs shall be prohibited.
8. 
Corporate or commercial statements in the architecture shall be limited and shall be at the discretion of the Township.
9. 
Outdoor recreation facilities. Outdoor recreation facilities shall be designed ensuring a high quality of development. Design shall take into consideration both the natural and man-made environmental content consistent with such standards and controls usually associated with state-of-the-art facilities and shall be subject to approval by the Township.
10. 
Parking.
a. 
Parking lots shall be designed as an integral part of the site plan. Surface parking shall be buffered and landscaped in accordance with this chapter. Structured or decked parking shall be designed so that it enhances rather than detracts from the architectural integrity of the project. When siting structures, view corridors should be considered to maximize visibility of commercial buildings.
b. 
Off-street parking shall be provided equal to the parking ratios set forth in this chapter. Shared parking shall be considered acceptable if supporting evidence to the viability of the parking ratio proposed is satisfactory to the reviewing agency(ies).
c. 
Parallel parking shall be permitted in the area along the front of the movie theater only. Stalls for such parking shall be a minimum of 25 feet by eight feet.
11. 
Plaza square. A plaza shall be constructed and it shall serve as the site-organizing element around which the commercial/retail/government/cultural facilities shall be set. The plaza square shall be a minimum of 180 feet by 210 feet and shall be constructed of brick, stone or other such material deemed appropriate. Design elements such as patterns in pavement, fountain(s), sculpture, bollards, sitting areas and landscaping shall be incorporated into the design of the plaza.
12. 
Sidewalks.
a. 
A system of walks shall be provided throughout the subject site area designed to encourage pedestrian movement on the site and connections to adjacent sites.
b. 
Sidewalks shall be constructed of brick pavers approved by the Township.
c. 
Crosswalks shall be provided at appropriate intersections as well as along a well-defined path system within all parking lots. All crosswalks and pedestrian paths shall be a minimum of six feet wide and constructed of brick pavers.
13. 
Lighting.
a. 
Lighting on the site shall meet or exceed the Township standard for minimum lighting.
b. 
Due to the unique nature of the project, the following decorative light standard shall be used: Belmont fourteen-foot pole and luminaire and Belmont eleven-foot pole and luminaire.
14. 
Service. Service requirements for loading, unloading and trash removal shall be well-screened and shall be architecturally incorporated into the design of the affected buildings. Loading areas shall be designed to avoid conflict with pedestrians and other vehicle patterns on the site. Service and loading areas shall meet Township standards.
15. 
Landscaping. Landscaping shall meet Township standards.
16. 
Street furniture. Street furniture, such as benches, street lamps, bicycle racks, landscape planters and the like, shall be encouraged. The design of street furniture shall be consistent with the general architectural character of the town center as envisioned by the redevelopment agency.
C. 
Other provisions necessary to meet state and local requirements. The laws of the state require that any redevelopment project be undertaken in accordance with a redevelopment plan for the project area. The Township Planning Board has approved this redevelopment plan for the town center. It has further indicated that the proposals in this plan are in accordance with local plan objectives and the Master Plan of the Township.
(1) 
Land use. The land use plan and land use map indicate proposed uses following redevelopment. The land uses as shown on the land use plan/land use map are in general conformity with the local objectives for the project area which, in its totality, is designed for government services and commercial, recreational, cultural and institutional uses.
(2) 
Density of population. Changes in resident population due to implementation of the redevelopment plan will have no significant adverse impacts. A maximum of 220 one- and two-bedroom residential units are permitted. This equates to 1.04 units/acre on the site, and it is estimated that they would generate approximately 550 residents.
(3) 
Traffic patterns and parking.
(a) 
A traffic analysis of the site and surrounding area was conducted by FAZ Associates and several improvements were recommended. They are:
1. 
Installation of a traffic signal at Whitehorse-Mercerville Road and Municipal Drive.
2. 
Municipal Drive is to be widened to meet traffic requirements.
3. 
Left-turn lanes are to be installed on Whitehorse-Mercerville Road.
(b) 
Off-street parking is to be designed to meet or exceed the minimum requirements of this chapter.
(4) 
Public transportation. There are no proposed changes in existing public transportation.
(5) 
Public utilities. Public utilities, including water, sewer, gas and electric, will be extended into the site by the redeveloper of the project.
(6) 
Recreation and community facilities.
(a) 
A multipurpose plaza is proposed to provide space for varied cultural and recreational events.
(b) 
The Township will extend trails and paths into the wooded areas of the site for passive recreation and educational purposes.
(7) 
Regulation and controls. All standards relating to land coverage, lot size, etc., shall be done in accordance with this chapter of the Township Code unless specifically noted.
(8) 
Relocation plan.
(a) 
No displacement of residents or businesses should occur as a result of the implementation of this plan, as the area to be redeveloped is presently unoccupied. Additionally, the Township currently owns all lands affected by the redevelopment plan.
(b) 
Any families or individuals temporarily or permanently displaced by the governmental action from the redevelopment area will be relocated by the Township into decent, safe and sanitary housing at rents within the means of the persons displaced from the project area.
(9) 
Procedure for changing the plan. The redevelopment plan may be amended from time to time upon compliance with requirements of law.
(10) 
Consistency with contiguous municipalities' and state's master plans. This redevelopment plan is consistent with the County Master Plan and the State Development and Redevelopment Plan in its promotion of creative mixed-use projects and community centers. Due to the project's location within the center of the Township, it can be stated that the project has no significant adverse impacts on the master plans of contiguous municipalities.
(11) 
Period of effectiveness of the redevelopment plan. This plan shall be effective for a period of 20 years.
(12) 
Project maps.
(a) 
Location map.
(b) 
Redevelopment plan parcel boundary map.
(c) 
Illustrative concept plan map.
(d) 
Existing utilities map.
D. 
Amendment of Township Town Center Project Redevelopment Plan of January 18, 1989.
(1) 
The Township Town Center Project Redevelopment Plan of January 18, 1989, enacted by Township Council Ordinance No. 89-002, is superseded and amended by Subsections A through C preceding.
(2) 
The Zoning Map of the Township shall be and is hereby amended consistent herewith, and the proper officials of the Township are authorized to make such revisions thereto.
[1]
Editor's Note: This chapter was originally codified in Ch. 2, Sec. 2-722, of the 1994 Code of Ordinances, but was relocated to the Land Development Chapter at the Township's request.
[Amended 1-20-1993 by Ord. No. 93-008; 8-16-1995 by Ord. No. 95-047; 1-3-1996 by Ord. No. 96-010; 9-18-1996 by Ord. No. 96-042; 10-30-1996 by Ord. No. 96-048; 12-16-1998 by Ord. No. 98-045; 12-4-2002 by Ord. No. 02-037; 5-20-2009 by Ord. No. 09-013; 12-21-2011 by Ord. No. 11-043; 9-19-2012 by Ord. No. 12-046]
In the REO and RD Districts, the following shall apply:
A. 
Principal permitted uses on the land and in buildings. [Note: Convenience stores are permitted in the HC Highway Commercial and GC General Commercial Zones only; see § 550-78B(55).]
(1) 
REO and RD Districts:
(a) 
Office buildings for executive, administrative, business, educational or professional services.
(b) 
Buildings used exclusively by the federal, state, county or local municipal government.
(c) 
Activities of an industrial, medical or scientific research laboratory, provided that there are no inherent hazards associated with such research, and further provided that no nuisance may occur from fire or explosion, toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise or vibrations, glare, flashes or objectionable effluent and electrical interference which may adversely affect or impair the normal use and peaceful enjoyment of any property, structure or dwelling located in any other zone or district. The likelihood of groundwater contamination or depletion, air pollution and the problem of waste disposal shall be considered.
(d) 
Commercial printing facilities.
(e) 
Mailing, reproduction, commercial art and photography and stenographic services.
(f) 
Computer and data processing services.
(g) 
Medical and dental laboratories.
(h) 
Research and engineering activities involving technical investigation or study for product development and similar activities.
(i) 
Publishing houses.
(j) 
Public playgrounds, conservation areas, parks and public purpose uses.
(k) 
Research office parks, on tracts of land at least 25 acres in area, comprised of uses in accordance with those listed above.
(l) 
All residences existing as of the date of adoption of this chapter. For purposes of evaluating proposed additions or expansions to said residences, the bulk and yard requirements of those residential zone districts which most closely resemble the size of the lot in question shall be applied.
(m) 
Farms.
(n) 
Child and infant care centers. See § 550-138 for design standards.
(o) 
Adult day care.
[Added 9-16-2014 by Ord. No. 14-063]
(p) 
Assisted living, memory care, senior independent living (REO-5 only).
[Added 9-18-2018 by Ord. No. 18-042]
(q) 
Medical and/or paramedical tattoo office.
[Added 6-1-2021 by Ord. No. 21-027]
(r) 
Cannabis testing laboratory (REO-4 only).
[Added 7-18-2023 by Ord. No. 23-031]
(2) 
In addition to the above, the following are permitted, but only in the RD Districts, except as provided in Subsection A(2)(g)1. below:
(a) 
Pharmaceutical products operations.
(b) 
Assembly and treatment of previously prepared materials to produce products as follows:
1. 
Apparel.
2. 
Textiles.
3. 
Leather goods.
4. 
Books and book binders.
5. 
Electrical and electronic equipment and supplies.
6. 
Professional, scientific, surgical and controlling instruments.
7. 
Photographic and optical goods, watches and clocks.
8. 
Graphic materials, supplies, instruments and implements.
9. 
Fabricated metal products, such as cutlery, hand tools, general hardware, fabricated structural metal products, screw machine products, bolts, nuts, screws, rivets, washers, springs, valves, pipe fittings and similar miscellaneous products.
10. 
Construction materials.
11. 
Hardware, plumbing and heating equipment and supplies.
(c) 
Distribution and warehousing. For general requirements see § 550-139.
(d) 
Research and development parks may be permitted on tracts of land at least 25 acres in area comprised of uses in accordance with this section.
(e) 
Telecommunications towers, provided they are not within 1/2 mile of a residential zone line or within 1/2 mile of the property line of a residential use, school or public recreation area. The distance shall be measured between the two closest property lines.
(f) 
Radio or television broadcasting stations, including studios, auditoriums and other rooms for performances and including office and other space incident to and necessary for the principal use. Broadcasting towers and antennas may not be located within 1/2 mile of a residential zone line or within 1/2 mile of the property line of a residential use, school or public recreation area. The distance shall be measured between the two closest property lines.
(g) 
Planned mixed-use research and development parks, subject to the following requirements and conforming to the findings of a planned development as defined by the Municipal Land Use Law, N.J.S.A. 40:55D-45, and in accordance with an approved general development plan.
1. 
The minimum total area to be developed as a planned mixed-use research and development park shall be 100 acres, unless otherwise noted. That minimum area may be met with land in the RD District or in both the RD and REO-5 Districts, provided that the districts are contiguous and that at least 85 acres of the planned mixed-use research and development park are within the RD District. Such area shall be developed in accordance with a single comprehensive general development plan. Streets and rail rights-of-way shall not be deemed to divide acreage for the purposes of this requirement.
[Amended 5-6-2014 by Ord. No. 14-028]
2. 
The maximum floor area ratio for a planned mixed-use research and development park shall be 0.25, unless otherwise noted.
[Amended 5-6-2014 by Ord. No. 14-028]
3. 
No building shall exceed 45 feet in height. In the case of buildings with flat roofs, building height shall be measured to the roof level and not to the top of the parapet wall.
4. 
Principal permitted, accessory and conditional uses within a planned mixed-use research and development park as identified in Subsections A, B and C of this section shall be permitted and be required to satisfy all of the RD requirements as set forth in this section and throughout the chapter. The Planning Board shall have the right to modify the requirements for minimum lot area, width or frontage, minimum building setback, maximum impervious surface coverage, requirements as to front, side or rear yards, and requirements concerning the location of accessory buildings or structures for any land use in a planned mixed-use research and development park, whenever such modifications are necessary to achieve a planned mixed-use research and development park.
5. 
In a planned mixed-use research and development park, the permitted gross floor area yield to be devoted to a planned commercial development that contains a wide range of retail and commercial and accessory uses serving a regional trade area which embraces a large segment of Hamilton Township shall be as follows:
a. 
The planned commercial development located in the RD Zone at the intersection of Klockner Road and Route 130 on the land use map and Zoning Map shall be limited to no more than 25% of the permitted gross floor area yield.
b. 
The planned commercial development located in the RD Zone east of Route 130 on the Land Use Plan Map and Zoning Map shall be limited to no more than 43% of the permitted gross floor area yield.
[Amended 7-21-2015 by Ord. No. 15-027]
c. 
The planned commercial development located in the RD Zone situated at Cabot Drive east of Interstate I-195, south of Klockner Road and north of Yardville Hamilton Square Road on the land use map and the Zoning Map shall be subject to the following conditions:
i. 
Not more than 360,000 square feet of planned commercial retail development shall be permitted.
ii. 
Minimum landscape buffers along arterial roads shall be not less than 100 feet.
iii. 
Minimum common open space shall be 35% of the land area within the planned mixed-use research and development park.
iv. 
Maximum floor area ratio (FAR) for the planned mixed use research and development park shall be 0.16 FAR or not more than 947,500 square feet.
v. 
At the intersection of Yardville Hamilton Square Road and Cabot Drive, there shall be no left turn permitted from Cabot Drive exiting on to Yardville Hamilton Square Road, and there shall be no right turn from Yardville Hamilton Square Road entering onto Cabot Drive.
d. 
The planned commercial development located in the RD Zone bounded by Kuser Road, Route 130, Robbinsville Township and the United Jersey Railroad & Canal Company right-of-way shall be limited to no more than 40% of the permitted gross floor area yield for the planned mixed-use research and development park. Although the tract area of the planned mixed-use research and development park may extend northwest of the rail right-of-way, all planned commercial development must be physically located within the RD District southeast of the rail right-of-way within the area described above.
i. 
The permitted gross floor area yield of a planned commercial development shall be calculated by the applicant and approved by the Planning Board based upon the submission of a concept site plan and concept subdivision plan which shows development of the site based upon current RD Zone standards.
ii. 
At least 25% of the permitted gross floor area of a planned commercial development shall be devoted to anchor tenant or magnet stores as defined in this chapter.
6. 
All planned commercial developments shall be required to locate along Route 130. The sites identified on the Township Land Use Plan Map and Zoning Map are potential sites for commercial development, and the Planning Board may approve other locations along Route 130 within the planned mixed-use research development zone. The location of the planned commercial development within the planned mixed-use research and development park shall be located in a manner to encourage efficient movement of traffic and provide the maximum benefit to the mixed-use nature of the park. If deemed feasible and desirable, the Planning Board may permit some commercial uses to develop outside of these identified planned commercial locations within a planned mixed-use research and development park located along Route 130.
7. 
The planned commercial development located in the RD Zone south and west of Klockner Road on the Land Use Plan Map and Zoning Map shall be limited to no more than 40% of the permitted gross floor area yield or to a maximum of 500,000 square feet, whichever is lower. Planned commercial development in this area shall front on Route 130 and be located east of the Master Plan roadway or may front on the Master Plan roadway and/or the ramp system west of the Master Plan roadway at its intersection with Route 130.
8. 
The planned commercial development located in the RD Zone south and west of Klockner Road and north of Route 130, consisting of Block 2610, Lots 30, 31 and 32 on the Land Use Plan Map and Zoning Map shall have a minimum tract size of 45 acres.
[Added 5-6-2014 by Ord. No. 14-028]
a. 
The planned commercial development shall have a major commercial anchor or magnet store of at least 40,000 square feet in size.
b. 
Development within the Planned Commercial Development Overlay Zone portion of the tract shall have a maximum FAR of the following:
i. 
Tracts with less than 1,000 feet contiguous frontage along State Highway Route 130 shall have a maximum FAR of 5%.
ii. 
Tracts with more than 1,000 feet of contiguous frontage along State Highway Route 130 shall have a maximum FAR of 15%.
c. 
The applicant may provide a payment-in-lieu of constructing the Master Plan road depicted as being located on this tract and running perpendicular to Route 130 in the 2011 Hamilton Township Master Plan if the applicant can demonstrate to the Planning Board that Klockner Road or other road can fulfill the purpose of that segment of the Master Plan road in providing adequate additional access to Route 130. The payment-in-lieu of construction shall be consistent with the Township's Transportation Improvement District (TID) standards in § 550-256H. Notwithstanding, the Master Plan road running parallel to Route 130 on this tract in the 2011 Hamilton Township Master Plan shall be required to be reserved and constructed. Furthermore, construction of the Master Plan road running parallel to Route 130 shall be completed during the first phase of construction.
9. 
All planned commercial developments shall have at least one major commercial anchor or magnet store of at least 100,000 square feet, unless otherwise noted. All planned commercial developments shall provide for passive and/or active recreation for patrons. Such area(s) shall be improved in accordance with a consistent design theme which is applied throughout the planned development and in accordance with the standards set forth in § 550-165.
[Amended 5-6-2014 by Ord. No. 14-028; 4-2-2019 by Ord. No. 19-013]
10. 
The following principal commercial uses, other than anchor tenant and magnet stores as defined herein, as identified in §§ 550-76B, 550-77B and 550-78B, and hotels under § 550-161O, shall be permitted on the land and in buildings within a planned commercial development. They shall be limited to no more than 75% of the gross floor area of the planned commercial development:
[Amended 7-18-2017 by Ord. No. 17-029]
a. 
Principal permitted uses on the land and in buildings as found in § 550-76B.
Groceries and foodstuffs
Confectionery and luncheonettes
Stationery and tobacco
Hardware and paints
Bakery
Periodicals and newspapers
Barber and beauty shops
Tailoring and dressmaking
Bakery goods store
Book or gift store
Candy store and/or fountain
Clothes cleaning store with two or less trucks associated with it
Custom dressmaking, millinery and tailoring
Clothing (new) and dry goods store
Delicatessen store
Dress shop
Drugstore
Package liquor store
Ice cream store
Interior decorating business
Jewelry store
Self-cleaning laundry
Notion and variety store
Paint and wallpaper store.
Repair or service shops for household or personal goods
Shoe repair shop
Tailor shop
Photography studio, photo supplies, artist's studio
Antique store
Art gallery
Sporting goods store
Child and infant care centers; see § 550-138 for design standards
Video store.
All existing residences as of the date of the adoption of this chapter. For purposes of evaluating proposed additions or expansions, bulk and yard requirements of those residential zone districts which most closely resemble the size of the lot in question will be utilized.
b. 
Principal permitted uses on the land or in buildings as found in § 550-77B.
Restaurants, bars and taverns
Banks, including drive-in facilities
Dancing studio
Florist
Household appliance store
Stereo, radio and television stores
Offices, business and professional
Funeral homes and mortuaries
Automobile parts store
All existing residences as of the date of the adoption of this chapter. For purposes of evaluating proposed additions or expansions, bulk and yard requirements of those residential zone districts which most closely resemble the size of the lot in question will be utilized.
Combinations of two or more of the above-permitted uses in one principal building
c. 
Principal permitted uses on the land and in buildings as found in § 550-78B.
[Amended 4-19-2022 by Ord. No. 22-013]
Restaurants, bars, taverns and nightclubs
Department stores
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 only for the storage, sale and display of living plant material
Bowling alleys
Supermarkets
Awning or canvas store
Bicycle sales, rental or repair
Blueprinting establishment
Buildings used exclusively by the federal, state, county or local municipal government for public purposes
Catering establishment
Exhibition building
Furniture and furnishings, sale of
Laboratory servicing medical and dental requirements
Museum
Office furniture, appliances and supply business
Pet shop, not involving the treatment of or boarding of cats and dogs
Printing, lithography, publishing and photostating establishments
Recreation area, public
Taxidermist
Theater, not including drive-in or open air, and not to be located in combination with a book or magazine store and not to be located within 1,000 feet of any such store
Wholesale stores and distributors in a completely enclosed building not involving the processing or treatment of goods or products
Parcel package shipping store or mailing center
Indoor recreation uses
Health clubs
Miniature golf
Billiard hall
Body art establishments, subject to provisions of Chapter 133
Massage, bodywork and somatic therapy establishments subject to provisions of Chapter 296
Brewpub
All existing residences as of the date of the adoption of this chapter. For purposes of evaluating proposed additions or expansions, bulk and yard requirements of those residential zone districts which most closely resemble the size of the lot in question will be utilized.
Combinations of two or more of the above-permitted uses in one principal building
d. 
The above-referenced principal permitted commercial uses other than anchor tenant and magnet stores shall be required to satisfy all of the requirements as set forth in §§ 550-76, 550-77 and 550-78 and throughout this chapter. The Planning Board shall have the right to modify the requirements for minimum lot area, width or frontage, minimum building setback, maximum impervious surface coverage, requirements as to front, side or rear yards, and requirements concerning the location of accessory buildings or structures for any land use in a planned mixed-use research and development park, whenever such modifications are necessary to achieve a planned mixed-use research and development park.
e. 
Hotels, subject to the standards set forth in § 550-161O.
11. 
No plan for a planned mixed-use research and development park development shall be approved by the Planning Board unless the lot areas, widths, depths and frontages, building setbacks, percentages of lot coverage, front, side and rear yards and locations of accessory buildings or structures provided for in the site plan and subdivision plan are appropriate to the type of development permitted.
12. 
Not less than 25% of the land area within a planned mixed-use research and development park shall be devoted to common open space. The location of common open space shall be consistent with the declared function of the common open space, and where possible, the common open space shall be planned as a contiguous area located for the maximum benefit of the area which it was designed to serve, preserving and where possible enhancing natural features.
13. 
A concept site plan and concept subdivision plan shall be required for any development proposed within a planned mixed-use research and development park. At a minimum, the concept plan shall indicate the proposed location of all buildings, structures, parking, landscaping, open space, utilities, signage, pedestrian walkways and driveways. The concept plan shall be submitted to the Planning Board for review prior to any formal preliminary site plan or subdivision plan.
14. 
In order to foster the attractiveness of a site designated as a planned mixed-use research and development park and the surrounding neighborhoods and in order to provide an efficient road and utility network, ensure the movement of traffic, implement Comprehensive Planning and better serve the public health, safety and general welfare, the design standards and criteria in § 550-165 shall be utilized by the Planning Board in reviewing all site plans and subdivision plats relating to a planned mixed-use research and development park. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation.
[Amended 4-2-2019 by Ord. No. 19-013]
15. 
A planned mixed-use research and development park shall adhere to the general development plan submission requirements as identified in § 550-228.
(h) 
Indoor recreation.
[Added 8-19-2014 by Ord. No. 14-046]
(i) 
Cannabis establishments, medical cannabis establishments and Class 6 cannabis delivery services (as defined in Chapter 153) and subject to the conditions set forth in § 550-143. There shall be no outdoor cultivation of cannabis or medical cannabis.
[Added 7-20-2021 by Ord. No. 21-036; amended 12-21-2021 by Ord. No. 21-069]
B. 
Accessory uses permitted:
(1) 
Off-street parking.
(2) 
Fences and walls. (See § 550-114.)
(3) 
Signs.
(4) 
Temporary sales or construction trailer(s).
(a) 
The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.
(b) 
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c) 
The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.
(d) 
Only one sales trailer and two construction trailers are permitted per project.
(5) 
Restaurants or cafeterias located within a principal building.
(6) 
Banks located within a principal building containing a permitted use in accordance with this section.
(7) 
Recreational areas and parks, provided that the facility is owned and operated by an industry situated within the REO or RD Districts for the use of its employees or guests.
(8) 
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137.
(9) 
Roof-mounted solar or photovoltaic energy-generating facility.
(10) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
C. 
Other uses permitted upon application to the municipal agency for a conditional use permit:
(1) 
Public utility installations.
(2) 
Hospitals, medical institutions, philanthropic or eleemosynary uses in the REO-5 District only, provided that plans for such facilities have met all requirements of state and Township health regulations, but not including correctional uses or hospitals exclusively for the isolation of contagious diseases or for the insane.
(3) 
Private clubs, lodges, social buildings and fraternal organizations.
(4) 
Ground-mounted solar or photovoltaic energy-generating facility as a conditional accessory use in the RD District only.
(5) 
Solar or photovoltaic energy-generating parking structure as a conditional accessory use in the RD District only.
(6) 
Hotels.
D. 
Maximum building height. No building shall exceed 45 feet in height except in the REO-2 Zone, where the maximum height is limited to 35 feet. In the case of buildings with flat roofs, building height shall be measured to the roof level and not to the top of the parapet wall.
E. 
Area and yard requirements.
Individual Use
Research Park Use
Requirements
REO-2
REO-4
REO-5
RD
All REO and RD
(except REO-2)
Minimum requirements
Principal building:
Lot area (acres)
2
4
5
10
4
Lot frontage (feet)
200
300
400
600
300
Lot width (feet)
200
300
400
600
300
Lot depth (feet)
400
500
400
400
400
Side yard, 1 (feet)
50
75
75
100
50
Side yard, total (feet)
100
150
200
200
100
Front yard (feet)
75
80
150
150
80
Rear yard (feet)
100
100
75
100
50
Accessory building:
Distance to side line (feet)
50
75
75
100
50
Distance to rear line (feet)
100
75
75
100
50
Distance to other building (feet)
50
50
50
50
50
Maximum requirements
Floor area ratio
0.189
0.25
0.25
0.25
0.25
Impervious surface coverage (percent)
55%
55%
55%
55%
55%
F. 
General requirements.
(1) 
Any principal building may contain more than one use or organization. More than one principal building may be constructed on any lot, provided that all chapter requirements are met and that a minimum distance of 50 feet is provided between the principal buildings.
(2) 
At least the first 50 feet adjacent to any street line, including state and interstate roadways, and 50 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery. Within a research park and within the REO-2 Zone, the required buffer along the side or rear property lines may be reduced to 25 feet in width.
(3) 
Any parking proposed within the front yard shall be screened by a landscaped berm of at least 4 1/2 feet in height and having a slope of three to one. The berm shall be required to screen parking located between buildings and any street, including any state or interstate roadway.
(4) 
A minimum buffer area of 150 feet in width shall be provided along any common property line with a residential district, and a minimum buffer area of 75 feet in width shall be provided along any common property line with any residential use; except that, in the REO-2 and the REO-4 Districts, these buffers may be reduced by 2/3.
(5) 
Yard requirements adjoining railroads. The side and rear yard requirements shall be reduced by 50% where they apply to those portions of a lot immediately adjoining and bounded by the right-of-way of a railroad.
(6) 
Where the front yard area abuts a residential zone, the minimum front setback shall be 100 feet in all research parks in the REO and RD Zones. Off-street parking shall be prohibited within the front yard area in these instances.
(7) 
Cross easements to allow for traffic and pedestrian circulation between properties within the REO-2 Zone shall be required as a part of any site plan approval.
(8) 
For additional general requirements see § 550-84, General requirements in nonresidential districts.
G. 
Specific requirements.
(1) 
For uses in the RD District abutting Edgebrook Road, access shall not be permitted directly onto Edgebrook Road. However, a secondary emergency or service access may be permitted, provided that the applicant demonstrates that there will be no adverse impact on the roadway or properties in the area resulting from use of this access.
(2) 
For uses in the RD District abutting Edgebrook Road, a buffer of at least 300 feet in width shall be provided adjacent to Edgebrook Road and shall not be used for parking and maintained in lawn area or ground cover or landscaped with evergreen shrubbery.
(3) 
For uses in the RD District along the Edgebrook stream corridor and abutting residential districts, a buffer at least 300 feet in width shall be provided from the residential district boundary.
(4) 
For uses in the RD District along Route 130 affected by the Master Plan parallel service road system, the following shall apply:
(a) 
The Master Plan roadway, as depicted on the Master Plan Map, calls for a fifty-foot-wide right-of-way. Any land dedicated by a property owner will not be deducted from the property's prededication gross lot area when calculating permitted development based on FAR or MIS.
(b) 
Applicants are to size basins, pipes, and other drainage infrastructure to accommodate that portion of the Master Plan roadway that is on the site subject to development.
(c) 
Buffers, parking, and loading areas must be set back a minimum of 15 feet from the Master Plan road right-of-way. Parking and loading buffers are to consist of the following:
1. 
Parking buffer.
a. 
Deciduous trees with a minimum two-and-one-half-inch caliper are to be planted 35 feet on center along the entire length of the fifteen-foot-wide buffer.
b. 
A continuous buffer of three-foot to four-foot-high shrubs is to be planted along the entire length of the fifteen-foot-wide buffer. A minimum three-and-one-half-foot-high masonry wall may be substituted for the shrubs.
c. 
The design of the walls must be approved by the Planning Board or Zoning Board of Adjustment.
2. 
Loading area buffer.
a. 
Portions of the site where loading areas abut the Master Plan roadway, a continuous double row of evergreen trees shall be planted. Trees shall be six feet to eight feet high at time of planting, and they shall be planted a maximum of 15 feet on center. Acceptable trees shall include white pines, Douglas fir, spruce varieties, Canadian hemlock, or equal.
(d) 
The right-of-way for the Master Plan roadway shall be set back a minimum of 100 feet from residential zones.
(5) 
Principal buildings and accessory structures shall be set back a minimum of 150 feet from residential zones and a minimum of 30 feet from the right-of-way of the Master Plan roadway.
(6) 
Parking areas shall be set back a minimum of 150 feet from residential zones.
(7) 
Properties affected by the Master Plan road system shall be required to construct that portion of the Master Plan roadway that traverses the property, as well as any additional on-site or off-site improvements required by NJDOT. In addition, TID obligations shall be required per ordinance, with priority spending to be applied to the cost of constructing bridges within the Route 130 study area and the Route 156/Route 130 traffic signal.
H. 
Minimum off-street loading. See § 550-119E, F, G and H for additional standards.
I. 
Minimum off-street parking. See § 550-119 of this chapter for standards.
J. 
Signs. See § 550-124 of this chapter for standards.
K. 
Previously approved industrial parks.
(1) 
All previously approved industrial parks, approved prior to the date of the adoption of this chapter, and now located within the REO and RD Districts may be developed in accordance with the following provisions:
(a) 
Minimum requirements.
1. 
Principal building.
a. 
Lot area: two acres.
b. 
Lot frontage: 250 feet.
c. 
Lot width: 250 feet.
d. 
Lot depth: 250 feet.
e. 
Side yard, minimum: 35 feet.
f. 
Side yard, total: 100 feet.
g. 
Front yard: 75 feet.
h. 
Rear yard: 50 feet.
2. 
Accessory building.
a. 
Distance to side line: 40 feet.
b. 
Distance to rear line: 40 feet.
c. 
Distance to other building: 40 feet.
(b) 
Maximum requirements. Combined coverage of principal and accessory building(s): 30%.
(2) 
Uses on these properties, however, shall be limited to those listed as permitted in accordance with § 550-81A, B and C.
(3) 
Development credit adjustments for environmentally constrained areas. See § 550-84K of this chapter for standards.
(4) 
Architectural design standards. For architectural design standards, see § 550-112 of this chapter.
(5) 
Landscaping and preservation of natural features. See §§ 550-117, 550-119 and 550-130 of this chapter for design standards.
(6) 
Fences, walls and sight triangles. See § 550-114 for details.
(7) 
Source-separation or recycling plan. See § 550-134 of this chapter for requirements.
(8) 
Accessory buildings. See § 550-111 of this chapter for design standards.
[Amended 1-20-1993 by Ord. No. 93-008; 2-8-1995 by Ord. No. 94-005; 1-3-1996 by Ord. No. 96-008; 2-21-1996 by Ord. No. 96-017; 12-21-2011 by Ord. No. 11-043]
In the MFG Manufacturing and I Industrial Districts, the following shall apply:
A. 
Purpose. The MFG and I areas are proposed to permit a full spectrum of industrially related uses, including warehouses and wholesale distribution centers, but excluding activities which synthesize chemical products for direct industrial sale.
B. 
Principal permitted uses on the land and in buildings. Any manufacturing, processing or industrial use listed below, provided that the use meets the performance requirements of Hamilton Township, meets applicable state and federal environmental standards and does not have inherent characteristics which are noxious, injurious, offensive or hazardous to the health, safety or general welfare of the community. All uses permitted in the REO and RD Districts are also permitted in the MFG and I Districts. Uses permitted exclusively in the REO and RD research parks are also permitted exclusively in industrial parks.
(1) 
Office buildings or offices for executive administrative purposes.
(2) 
Fabrication of metal, paper and wood products.
(3) 
Textile mill products.
(4) 
Apparel and other finished products made from fabrics.
(5) 
Leather products.
(6) 
Blank books, looseleaf binders, bookbinding and related work.
(7) 
Manufacturing of electrical and electronic equipment and supplies.
(8) 
Professional, scientific and controlling instruments.
(9) 
Photographic and optical goods, watches and clocks.
(10) 
Wholesale trade distribution centers.
(11) 
Food industries, except rendering or refining of fats and oils.
(12) 
Manufacturing of light machinery and equipment, such as office and accounting machines, small machine parts and portable power tools.
(13) 
Pharmaceutical products manufacturing.
(14) 
Concrete central mixing and proportioning plants, in the MFG District only.
(15) 
Rubber products, including tires, tubes and tire recapping, in the MFG District only. The manufacture of rubber is prohibited.
(16) 
Manufacture and repair of light and heavy machinery, in the MFG District only.
(17) 
Wood and lumber bulk processing, including sawmills, planing mills and wood-preserving treatment, in the MFG District only.
(18) 
Manufacturing of metal and metal products, processing, fabrication and assembly, but excepting the processing of basic products of such metals from new materials using open-hearth furnaces, Bessemer converters or other techniques, in the MFG District only.
(19) 
Industrial parks, in both the manufacturing and industrial zones, on tracts of land at least 25 acres in area, comprised of uses in accordance with this section.
(20) 
Service industries for the printing trade.
(21) 
Fabricated metal products, such as cutlery, hand tools, general hardware, fabricated structural metal products, screw machine products, bolts, nuts, screws, rivets, washers, springs, valves, pipe fittings and miscellaneous fabricated wire products, as well as the manufacturing of wire.
(22) 
Coating, engraving and allied services, in the MFG District only.
(23) 
Freight forwarding.
(24) 
Miscellaneous services incidental to transportation, such as packing and crating.
(25) 
Construction materials.
(26) 
Hardware, plumbing and heating equipment and supplies.
(27) 
Rubber and plastic footwear, hose, belting and miscellaneous plastics products, in the MFG District only.
(28) 
Engines, turbines, metalworking machinery and equipment, special industry machinery and general industry machinery and equipment, in the MFG District only.
(29) 
Refrigeration and service industry machinery.
(30) 
Miscellaneous machinery.
(31) 
Motor vehicles and motor vehicle equipment; motorcycles, bicycles and parts; miscellaneous transportation equipment, in the MFG District only.
(32) 
Machine shops and tool and die shops.
(33) 
Buildings used exclusively by municipal, county, state or federal governments.
(34) 
All existing residences as of the date of the adoption of this subsection are permitted. For purposes of evaluating proposed additions or expansions, bulk and yard requirements of those residential zone districts which most closely resemble the size of the lot in question will be utilized.
(35) 
Automobile and small truck rentals exclusive of flatbeds, tractor-trailers or similar size trucks.
(36) 
Limousine service.
(37) 
Recycling of wood and wood products, grass and concrete products only, provided that there are no inherent hazards associated with such operations, and further provided that no nuisance may occur from fire or explosion, toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise or vibrations, glare, flashes or objectionable effluent and electrical interference which may adversely affect or impair the normal use and peaceful enjoyment of any property, structure or dwelling located in any zone or district. The likelihood of groundwater contamination or depletion, air pollution and the problem of waste disposal shall be considered.
(38) 
Child and infant care centers. See § 550-161F for design standards.
(39) 
Taxicab and bus companies with associated vehicle storage yards (yards to be properly screened).
(40) 
Health and fitness centers.
(41) 
Indoor recreation uses.
(42) 
Art centers, on minimum tracts of five acres, of which at least 50,000 square feet in area shall be used for the display of art in an indoor museum and/or outdoor sculpture park. Within an industrial or office park, the minimum acreage need not be contiguous, provided that in the aggregate a minimum of five acres is provided within the park for the museum facility.
(43) 
Ground-mounted solar or photovoltaic energy-generating facility on a site 20 acres or larger within the MFG and I Districts only.
(44) 
Wind-energy-generating facility on a site 20 acres or larger within the MFG and I Districts only. The use shall be prohibited on smaller sites.
(45) 
Adult day care.
[Added 9-16-2014 by Ord. No. 14-063]
(46) 
Craft brewery.
[Added 11-21-2017 by Ord. No. 17-041]
(47) 
Craft distillery.
[Added 11-21-2017 by Ord. No. 17-041]
(48) 
Contractor's storage, if confined entirely to a completely enclosed building. Outside storage area for vehicles per § 550-82D(7).
[Added 1-2-2019 by Ord. No. 18-067]
(49) 
Repurposing used oils into biodegradable clean fuels.
[Added 7-21-2020 by Ord. No. 20-030]
(50) 
Cannabis establishments, medical cannabis establishments and Class 6 cannabis delivery services (as defined in Chapter 153) and subject to the conditions set forth in § 550-143. There shall be no outdoor cultivation of cannabis or medical cannabis.
[Added 7-20-2021 by Ord. No. 21-036; amended 12-21-2021 by Ord. No. 21-069]
C. 
Accessory uses permitted:
(1) 
Off-street parking.
(2) 
Fences and walls. (See § 550-114.)
(3) 
Signs.
(4) 
Garages, storage buildings and toolsheds.
(5) 
Temporary sales or construction trailer(s).
(a) 
The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.
(b) 
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c) 
The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.
(d) 
Only one sales trailer and two construction trailers are permitted per project.
(6) 
Employee cafeterias as part of a principal building or as the entire use of a principal building, provided that the cafeteria is limited in service to the employees of the principal use designated on the site plan as approved by the municipal agency.
(7) 
Recreational areas and parks for employees, provided that the facility is owned and operated by an associated industry.
(8) 
Satellite dish antennas in accordance with the standards specified in § 550-137.
(9) 
Roof-mounted solar or photovoltaic energy-generating facility.
(10) 
Ground-mounted solar or photovoltaic energy-generating facility and solar or photovoltaic energy-generating parking structure on a site 20 acres or larger within the MFG and I Districts only.
(11) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
D. 
Other uses permitted upon application to the municipal agency for a conditional use permit:
(1) 
Public utility installations, subject to the standards and conditions set forth in Article IV.
(2) 
Service station.
(3) 
Car wash.
(4) 
Motor freight terminals.
(5) 
Single-user warehouse club, primarily engaged in selling merchandise and services to businesses, industrial, commercial, institutional or professional business users or to other wholesale or retail users who have paid to become members of the warehouse club.
(6) 
Ground-mounted solar or photovoltaic energy-generating facility on a site less than 20 acres as a conditional accessory use within the MFG and I Districts only.
(7) 
Solar or photovoltaic energy-generating parking structure on a site less than 20 acres as a conditional accessory use within the MFG and I Districts only.
E. 
Maximum building height. No building shall exceed 35 feet in height.
F. 
General requirements.
(1) 
At least the first 50 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 area or ground cover or landscaped with evergreen shrubbery. Any parking proposed within the front yard shall be screened by a landscaped berm of at least four feet in height and having a two-to-one or three-to-one slope.
(2) 
A minimum buffer area of 80 feet in width shall be provided along any common property line with a residential district or 40 feet along any common property line with any residential use. [See §§ 550-119G(7) and 550-130B.]
(3) 
Entrances and exits. Entrances and exits upon a public street or road shall not be located within 100 feet of any street intersection, the distance to be measured from the intersection of the right-of-way lines at the corner affected and the closest point of such proposed driveway. No entrance or exit, at the curbline only, shall be closer than 12 feet from a side lot line. Entrance and exit sizes, locations and construction shall also be in accordance with requirements of the governmental agency having jurisdiction over the facility upon which the permitted use has frontage.
(4) 
Yard requirements adjoining railroads and interstate highways. The side and rear yard requirements shall be reduced by 50% where they apply to those portions of a lot immediately adjoining and bounded by the right-of-way of a railroad and/or an interstate highway.
(5) 
Any principal building may contain more than one use or organization. More than one principal building may be constructed on any lot, provided that all chapter requirements are met and that a minimum distance of 50 feet is provided between the principal buildings.
(6) 
Where the front yard area abuts a residential zone, the minimum front setback shall increase to 100 feet in the MFG District individual use, industrial park use and the I District industrial park use.
(7) 
Merchandise, products, equipment or similar material or objects may be stored outside in the MFG and I Districts, provided that such outside storage area does not exceed 30% of the lot area and is located in the rear yard. The area shall be enclosed entirely by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street, residential zoning district or existing residential use. (See also § 550-84A.)
(8) 
For additional general requirements see § 550-84, General requirements in nonresidential districts.
G. 
Minimum off-street loading. See § 550-119E, F, G and H for additional standards.
H. 
Minimum off-street parking. See § 550-119 of this chapter for standards.
I. 
Signs. See § 550-124 of this chapter for standards.
J. 
Area and yard requirements.
MFG District
I District
Individual Use
Industrial Park Use
Individual Use
Industrial Park Use
Minimum requirements
Principal building:
Lot area (acres)
2
1
3
2
Lot frontage (feet)
250
175
300
250
Lot width (feet)
250
175
300
250
Lot depth (feet)
250
175
300
250
Side yard, minimum (feet)
35
15
50
35
Side yard, total (feet)
100
50
150
100
Front yard (feet)
75
50
100
75
Rear yard (feet)
50
25
75
50
Accessory building:
Distance to side line (feet)
40
30
50
40
Distance to rear line (feet)
40
30
50
40
Distance to other building (feet)
40
30
50
40
Maximum requirements
Floor area ratio
0.25
0.25
0.25
0.25
Maximum impervious surface coverage (percent)
50%
50%
50%
50%
K. 
Architectural design standards. For architectural design standards, see § 550-112 of this chapter.
L. 
Landscaping and preservation of natural features. See §§ 550-117, 550-119 and 550-130 of this chapter for design standards.
M. 
Fences, walls and sight triangles. See § 550-114 for details.
N. 
Source-separation or recycling plan. See § 550-134 of this chapter for requirements.
[Amended 1-20-1993 by Ord. No. 93-008; 4-14-1997 by Ord. No. 97-012]
A. 
Generally. For corner lots, area and lot width shall be as follows:[1]
District
Area
(square feet or acres)
Lot Width/Frontage Each Street
(feet)
Setback From Each Street
(feet)
C
5 acres
400
125
R-5
5,000
50
20
R-7
9,000
90
25
R-10
12,100
110
30
Detached dwellings in planned neighborhoods and planned communities
9,000
90
30
R-15
15,625
125
40
R-25
25,600
160
50
A/T
10 acres
300
501
NC
6,500
60
25
CC
9,300
75
302
HC
24,000
150
60
HC Shopping Center
8 acres
400
100
HC Design District I
20,000
125
30
HC Design District Shopping Center
15 acres
400
60
HC Design District II
5,000
50
GC
24,400
150
60
GC Shopping Center
8 acres
400
100
GSC
120,000
300
100
REO-2
2 acres
200
75
REO-4
3 acres
300
80
REO-5
5 acres
400
150
REO Park
3 acres
300
80
RD
5 acres
400
150
RD Park
3 acres
300
80
MFG
2 acres
250
75
MFG Park
1 acre
175
50
I
3 acres
300
150
I Park
2 acres
250
100
NOTES:
1
Thirty feet along nonprimary or nonsecondary streets.
2
Twenty feet where parking is provided in rear or side yards and property is on major arterial, arterial or major collector.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Accessory buildings on corner lot. Accessory buildings on a corner lot shall not be erected closer to the street line than the front yard required on the adjacent lot.
[Amended 1-20-1993 by Ord. No. 93-008]
General requirements for Neighborhood Commercial, Community Commercial, Highway Commercial, General Commercial, all Research, Engineering and Office Districts, Research and Development, Manufacturing and Industrial Districts are as follows:
A. 
No merchandise, products, waste, equipment or similar material or object shall be displayed or stored outside. In industrial and manufacturing districts, such materials may be stored outside if properly screened and part of an approved site plan submission.
B. 
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.
C. 
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 similar plantings and maintained in good condition.
D. 
Any building or use permitted shall be served by a public sanitary sewerage facility and a public water supply system. A statement from the appropriate agency allocating capacity in the systems shall be required.
E. 
No loading docks, service areas or doors or areas used for parking or storing of trucks shall be on any street frontage. Provision for handling all freight shall be on those sides of any building which do not face on any street or proposed street. All such areas shall be screened from view from the street. Screening shall consist of at least a dense and continuous placement of large evergreens planted at a height of between six and eight feet located along the crest of a four-to-five-foot-high berm. Spacing shall be determined according to species and in order to achieve a total screen of the above areas. Fencing may be utilized in conjunction with the evergreens, but not as a substitute. The height of the evergreen portion of the screen may be reduced through additional berm height or the depression of areas to be screened, so long as the effective height is not altered and the intended screening is achieved.
F. 
Air-conditioning and other mechanical equipment on roofs and on building grounds shall be screened from public view with suitable materials to harmonize with the total development.
G. 
All permitted and conditional uses in these zone districts shall be required to screen from view all trash and garbage depots. Such depots shall be constructed on concrete pads suitable to withstand the weight of garbage disposal trucks.
H. 
All uses other than single-family or two-family dwellings must provide their own commercial trash pickup.
I. 
There shall be at least one trash and garbage pickup location 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 the 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. 
The disinterment and/or removal of animal remains buried in a pet cemetery is prohibited.
K. 
Development credit adjustments for environmentally constrained areas. Where there are wetlands on a property, floor area ratio (FAR) will not be based upon the area of the entire property. Wetland areas on the property will only be included in FAR calculations based upon the following sliding scale:
Extent of Wetland and/or Floodplain
(expressed as percentage of total tract)
Allowable Development Credit for Wetland
(percent)
1% to 25%
60%
26% to 50%
50%
51% to 60%
40%
61% to 70%
30%
71% to 100%
20%
L. 
Accessory buildings attached to principal buildings shall comply in all respects with the yard requirements of this chapter in respect to the principal building. For additional standards see § 550-111.
[Amended 1-20-1993 by Ord. No. 93-008]
In the HC Highway Commercial Design District I, the following shall apply:
A. 
Purpose; location.
(1) 
The purpose of the HC Highway Commercial Design District I Zone is to provide convenient, aesthetically pleasing and pedestrian-sensitive areas for shopping for the citizens of Hamilton and for highway users in general, without compromising the carrying capacity of the highways. It is intended that this can be achieved by improving circulation between sites by encouraging shared access and shared parking and by providing yard criteria that encourage rear and side yard parking.
(2) 
This area extends from Weston Avenue to Paxson Avenue Extension along both sides of Route 33.
B. 
Principal permitted uses on the land and in the buildings. All uses permitted in the HC Highway Commercial Zone, subject to the requirements of that zone, in addition to the requirements of the HC Highway Commercial Design District I Zone.
C. 
Area and yard requirements.
HC Highway Commercial Design District I
Individual Use
Shopping Center
Minimum requirements
Principal building:
Lot area (square feet or acres)
20,000 square feet
15 acres
Lot frontage (feet)
125
400
Lot width (feet)
125
400
Lot depth (feet)
150
400
Side yard (each) (feet)
10
60
Front yard (feet)
30
60
Rear yard (feet)
30
100
Accessory building:
Distance to side line (feet)
10
60
Distance to rear line (feet)
20
60
Distance to other buildings (feet)
10
20
Maximum requirements
FAR
0.18
0.18
MIS (percent)
60%
60%
D. 
General requirements.
(1) 
Any principal building may contain more than one use and/or organization, provided that the total FAR and MIS of the combined activities does not exceed the maximum FAR and MIS specified for the district; and provided, further, that each activity occupies a minimum gross floor area of 750 square feet.
(2) 
No merchandise, products, equipment or similar material or objects shall be displayed or stored outside.
(3) 
A minimum buffer area of 20 feet in width shall be provided along any common property line with a residential district or residential use. See §§ 550-119G(7) and 550-130B of this chapter.
(4) 
Along each street line a thirty-foot-wide, suitably landscaped strip shall be provided in conjunction with shopping center development. In addition, paved parking areas shall include landscaped planting strips, particularly at the end of parking rows. Said ends of parking areas shall be surrounded by concrete curb or Belgian block curb and shall be a minimum of nine feet in width. Planting strips shall be planted with deciduous trees and vegetative ground cover. No parking shall take place in this buffer area.
(5) 
At least five feet adjacent to any side lot line shall not be used for parking or driveway aisles unless the parking or driveway aisle is to be used as part of a shared parking or access plan. The five-foot-wide buffer is to be suitably landscaped to buffer the impact of parking lots on adjacent properties.
(6) 
Common driveways shall be encouraged and cross easements shall be required to allow vehicular movements between adjacent commercial properties. The easements shall be located at the rear of the property. Cross easements shall be a minimum of 24 feet wide.
(7) 
All service facilities will be located at the rear of the property. All such facilities shall be appropriately screened from adjacent commercial and residential properties.
(8) 
Each property owner shall be responsible for the maintenance of common easement areas.
(9) 
Signage. A coordinated sign package must be provided for review prior to final approval. One ground sign, not to exceed 50 square feet and six feet in height, shall be permitted within the front yard, set back a minimum of 15 feet from the front lot line. Two facade signs not to exceed, in aggregate, 10% of the front facade are permitted, one each on the front and rear facade of the building.
(10) 
Awnings, arcades, fountains, plazas and other public amenities are encouraged and will not be considered in MIS or FAR calculations. Awnings and arcades may extend five feet into the front yard setback area.
(11) 
Pedestrian linkages between adjacent properties are encouraged.
(12) 
Street trees are required along the frontage of each property, to be planted 40 feet on center, and they shall be a minimum of two-and-one-half-inch caliper at the time of planting.
(13) 
All other standards of this chapter not in conflict with the above are applicable to the Highway Commercial Design District.
(14) 
For additional general requirements see § 550-84, General requirements in nonresidential districts.
E. 
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
F. 
Source-separation or recycling plan. See § 550-134 of this chapter for requirements.
[Amended 1-20-1993 by Ord. No. 93-008]
In the HC Highway Commercial Design District II, the following shall apply:
A. 
Purpose; location.
(1) 
The purpose of the HC Highway Commercial Design District II zone is to provide convenient, aesthetically pleasing and pedestrian-sensitive areas for shopping for the citizens of Hamilton and for highway users in general, without compromising the carrying capacity of the highways. It is intended that this can be achieved by improving circulation between sites by encouraging shared access and shared parking and by providing yard criteria that encourage rear and side yard parking.
(2) 
This district overlay is for the HC Highway Commercial Zone along Chambers Street, between Cedar Lane and South Broad Street, and along South Broad Street between Cedar Lane and Park Avenue, including the property zoned HC Highway Commercial on the northeast corner of South Broad Street.
B. 
Principal permitted uses on the land and in the buildings.
(1) 
All uses permitted in the NC Neighborhood Commercial and CC Community Commercial Zones, subject to the requirements of those zones in addition to the requirements of the HC Highway Commercial Design District II Zone.
(2) 
Restaurants, bars and taverns.
(3) 
Automobile parts store.
(4) 
Beverage store.
(5) 
Bicycle sales, rental or repair.
(6) 
Blueprinting, copy or facsimile store.
(7) 
Buildings used exclusively by the federal, state, county or local municipal government for public purposes.
(8) 
Cabinet and woodworking shop.
(9) 
Catering establishment.
(10) 
Furniture and furnishings, sale of.
(11) 
Museum.
(12) 
Art gallery.
(13) 
Antique store.
(14) 
Laboratory serving medical and dental requirements.
(15) 
Parcel delivery station.
(16) 
Pet shop, not involving the treatment or boarding of cats and dogs.
(17) 
Printing, lithography, publishing and photostating establishments.
(18) 
Taxidermist.
(19) 
Theater, not including drive-in or open air.
(20) 
Residential uses.
(a) 
One-family dwellings, existing.
(b) 
Two-family dwellings, existing.
(c) 
Attached dwellings, existing.
(d) 
Multifamily uses, boardinghouses or rooming houses are not permitted.
(21) 
Office furniture, appliances and office supply business.
(22) 
Supermarkets.
(23) 
One residential unit permitted on ground floor of existing buildings.
[Added 1-2-2019 by Ord. No. 18-067]
C. 
Area and yard requirements.
HC Highway Commercial Design District II
Minimum requirements
Principal building:
Lot area (square feet)
5,000
Lot frontage (feet)
50
Lot width (feet)
50
Lot depth (feet)
100
Side yard (feet)
10
Rear yard (feet)
35
Front yard (feet)
0
Accessory building:
Distance to side line (feet)
10
Distance to rear line (feet)
20
Distance to other building (feet)
10
Maximum requirements
FAR
0.6
MIS (percent)
80%
D. 
General requirements.
(1) 
Any principal building may contain more than one use and/or organization, provided that the total FAR and MIS of the combined activities does not exceed the maximum FAR and MIS specified for the district; and provided, further, that each permitted activity occupies a minimum 750 square feet gross floor area.
(2) 
No merchandise, products, equipment or similar material or objects shall be displayed or stored outside.
(3) 
A minimum buffer area of 10 feet in width shall be provided along any common property line with a residential district. Buffers are to be suitably landscaped to reduce the negative impact of parking areas on adjacent property owners. No parking is to take place within the buffer, except that, in the case of a common alley, the alley may be within the buffer area. In conjunction with a common alley, a minimum five-foot landscaped buffer is required.
(4) 
Along each street line, brick sidewalks shall be provided. Street trees shall be planted 40 feet on center along the property frontage and they shall be a minimum of two-and-one-half-inch caliper at the time of planting. Street amenities such as benches, landscape strips, landscape planters and bicycle racks shall be provided where possible.
(5) 
Yard requirements, side yards.
(a) 
Where a building adjoins another on the side lot line and a common party wall is used, no side yard shall be required.
(b) 
Where a building is not erected on a side lot line, the side yard not abutting a street shall be not less than 10 feet in width.
(6) 
Parking and loading. All parking and loading is to be located at the rear or side of the building, where practical. Access is to be controlled through the rear of the property, where practical, using the common alley system. All spaces for nonresidential uses shall be provided within a five-hundred-foot radius of the building and on the same side of South Broad Street or Chambers Street to which such facilities are appurtenant. When practical difficulties prevent the establishment of off-street parking facilities upon the same lot with the use or building to be served, the Zoning Board of Adjustment or Planning Board may, after public hearing and notice and subject to appropriate conditions, permit the following exemption:
(a) 
Required off-street parking facilities may be established on another lot or parcel, provided that such substitute facility is located within a five-hundred-foot radius of the building or premises and on the same side of South Broad Street or Chambers Street to which such facilities are appurtenant. Such off-street parking facilities and accessways shall be reserved for such use by deed covenants or agreements which subject their control to the Township under conditions approved by the Board.
(b) 
Required off-street parking requirements may be reduced where public parking facilities exist within a five-hundred-foot radius of the building or premises and on the same side of South Broad Street or Chambers Street to which such facilities are appurtenant. Applicants must demonstrate that parking is available in said facility. Upon review and conditions approved by the Board, the applicant's parking requirement may be reduced by a number deemed appropriate by the Board.
(c) 
In the case of residential uses, on-site parking must be provided at a rate of two spaces per unit.
(7) 
Signage. Two facade signs not to exceed, in aggregate, 10% of the front facade are permitted, one each on the front and rear facade of the building.
(8) 
Awnings are encouraged, where appropriate, and they will not be considered in setback calculations.
(9) 
Where appropriate, rear alleys will provide vehicular and service access to the site. Alleys shall be a minimum of 24 feet in width and shall be a minimum of 10 feet from the rear property line. Alleys will not be considered in MIS calculations.
(10) 
Alleys and/or rear property lines must be adequately buffered from adjacent residential zones. Buffers shall take the form of landscaping, walls, fences or a combination, as deemed appropriate by the Planning Board or Zoning Board of Adjustment. The goal is to reduce the negative impacts of commercial uses on residential uses.
(11) 
Planters and landscape strips shall be required along the sidewalk within the frontage of the site. The form and appropriateness of the landscaping shall be determined by the Planning Board or Zoning Board of Adjustment. The goal is to provide an aesthetically pleasing environment for the pedestrian areas of the sidewalk and commercial area.
(12) 
For additional general requirements, see § 550-84, General requirements in nonresidential districts.
E. 
Maximum building height. No building shall exceed 35 feet in height.
F. 
Other uses permitted upon application to the municipal agency for conditional use permit:
(1) 
Public utility installations.
(2) 
Joint occupancy buildings.
G. 
Accessory uses permitted:
(1) 
Off-street parking.
(2) 
Fences and walls. (See § 550-114 of this chapter.)
(3) 
Garages (community and private only).
(4) 
Storage buildings associated with the principal use only.
(5) 
Temporary construction trailers and one sign, not exceeding 100 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 construction is taking place and are set back at least 15 feet from all street and lot lines.
H. 
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
I. 
Source-separation or recycling plan. See § 500-134 of this chapter for requirements.
[Amended 12-21-2011 by Ord. No. 11-043; 4-7-2020 by Ord. No. 20-015]
In the Special Housing Zone I, the following shall apply.
A. 
Purpose; location.
(1) 
The purpose of this zone district is to implement the Housing Element and Fair Share Plan, as accepted, granted substantive certification by the New Jersey Council on Affordable Housing (COAH).
(2) 
The zone encompasses only Lot 13 in Section 623.
B. 
Principal permitted uses. Principal permitted uses on land and in the building shall be as follows:
(1) 
Detached single-family dwelling units in accordance with R-7 Zone standards and/or zero-lot-line single-family detached dwelling units on minimum lots of 5,000 square feet.
(2) 
Public parks and playgrounds, conservation areas and public purpose uses, but not including amusement parks or similar uses which detract from the natural rural characteristics of the district or are operated for profit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Buildings used exclusively by the federal, state, county or local municipal governments.
C. 
Accessory uses. Accessory uses permitted shall be as follows:
(1) 
Private residential pools, with setbacks as follows:
(a) 
Distance from principal structure: five feet.
(b) 
Side yard setback: six feet.
(c) 
Rear yard setback: 10 feet.
(2) 
Decks and patios, in accordance with the following standards and which shall not be included within the calculation of building coverage.
(a) 
Side yard setback: five feet.
(b) 
Rear yard setback: 10 feet.
(3) 
Private residential tool or garden sheds, not to exceed 12 by 12 feet and located three feet from property lines.
(4) 
Off-street parking and private garages attached to the principal building.
(5) 
Fences, which shall be uniform and adhere to the height and style of the primary fencing as established during the subdivision process.
(6) 
The keeping of not more than two domestic animals over six months old for individual domestic purposes.
(7) 
One temporary sales office per subdivision, whose location is to be approved by the Division of Planning and Zoning, only for the period of construction, renting or sale of the permitted use.
(8) 
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals.
(9) 
Roof-mounted solar or photovoltaic energy-generating facility.
(10) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
D. 
Maximum building height. Maximum building height shall be as follows:
(1) 
No building shall exceed 35 feet in height and 2.5 stories.
(2) 
The height of accessory buildings shall not exceed 12 feet.
E. 
Area and yard requirements. Area and yard requirements shall be as follows:
Special Housing Zone I
Requirement
R-7
Zero Lot Line
Lot area (square feet)
7,000
5,000
Lot frontage (feet)
70
50
Lot width (feet)
70
50
Lot depth (feet)
90
90
Side yard (feet)
10 (each side)
15 (1 side only)
Front yard (feet)
25
20
Rear yard (feet)
25
20
Maximum building coverage (percent)
25%
35
F. 
Parking. Each individual use shall provide parking spaces according to the following minimum provisions.
(1) 
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.
(2) 
Minimum off-street parking.
(a) 
Dwelling units shall each provide two spaces per dwelling unit.
(b) 
See § 550-119 for additional standards.
G. 
Permitted signs. See § 550-124 of this chapter for standards.
H. 
General requirements.
(1) 
Streets shall include a cartway of 34 feet within a right-of-way of 50 feet.
(2) 
Buffers. There shall be a twenty-five-foot-deep buffer along South Broad Street (measured from the right-of-way line), which shall contain landscaping and a minimum three-foot-high berm with a minimum grade ratio of three to one, and which shall be incorporated into the rear yard setback of lots adjoining South Broad Street.
(3) 
Roof overhangs/eaves may extend over the lot line up to a maximum of 18 inches when associated with zero-lot-line dwellings.
(4) 
It is required that on-site active recreation facilities on at least a single, contiguous one-half-acre lot designated for such use be provided in lieu of all contributions required for recreation.
[Added 12-18-1996 by Ord. No. 96-060; amended 12-16-1998 by Ord. No. 98-045; 12-21-2011 by Ord. No. 11-043]
In the Special Housing Zone II or IIA, the following shall apply:
A. 
Purpose; location.
(1) 
The purpose of this zone district is to implement the Housing Element and Fair Share Plan, as accepted, which granted substantive certification of the New Jersey Council on Affordable Housing (COAH).
(2) 
The zone encompasses only Lot 34 (1.44 acres) and a portion of Lot 107 in Section 282, which encompasses 4.76 acres and extends 399.7 feet in an easterly direction along Leonard Avenue from Lot 34.
(3) 
Special Housing Zone IIA encompasses only Lot 3 (+10 acres) in Section 2154.
B. 
Principal permitted uses. Principal permitted uses on land and in the building shall be as follows:
(1) 
Apartments which would be age-restricted for senior citizens and apartments for the disabled who may also be senior citizens. Occupants of these apartments must meet the income criteria established by COAH.
(2) 
Public parks and playgrounds, conservation areas and public purpose uses, but not including amusement parks or similar uses which detract from the natural rural characteristics of the district or are operated for profit.
(3) 
Buildings used exclusively by the federal, state, county or local municipal governments.
C. 
Accessory uses. Accessory uses permitted shall be as follows:
(1) 
Storage sheds or storage buildings.
(2) 
Off-street parking.
(3) 
Garage(s).
(4) 
Community center which is subordinate to apartment uses.
(5) 
Offices for management and personnel of the apartment uses.
(6) 
Roof-mounted solar or photovoltaic energy-generating facility.
(7) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
D. 
Maximum building height. Maximum building height shall be as follows:
(1) 
No building shall exceed 45 feet in height.
(2) 
The height of accessory buildings shall not exceed 30 feet in height.
E. 
Area and yard requirements. Area and yard requirements shall be as follows:
S2 Special Housing
Minimum Requirements
Principal building:
Lot area (acres)
6
Lot frontage (feet)
45
Lot width (feet)
45
Lot depth (feet)
200
Side yard, each (feet)
50
Front yard (feet)
50
Rear yard (feet)
50
Accessory building:
Distance to side line (feet)
25
Distance to rear line (feet)
25
Distance to principal building (feet)
25
Maximum Requirements
Building coverage (percent)
20%
F. 
Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:
(1) 
Dwelling units shall provide 0.9 off-street parking spaces per unit.
(2) 
See § 550-119 of this chapter for additional standards.
G. 
Permitted signs. See § 550-124 of this chapter for standards.
[Added 2-5-1997 by Ord. No. 97-005; amended 4-7-1999 by Ord. No. 99-009; 12-20-2000 by Ord. No. 00-057]
In the Planned Retirement Development Overlay Zone and the Planned Retirement Development Zone, the following shall apply:
A. 
Purpose; location.
(1) 
The purpose of a planned retirement development is to provide for a variety of dwelling unit types and/or health care facilities and services in the Township for the elderly population which is growing both locally and in the county and State of New Jersey. Dwelling units in a planned retirement development are intended for mature adults, 55 years of age or older, and contain a variety of housing types and services to satisfy a wide range of life styles. A planned retirement development shall contain recreational support facilities and may include health care facilities specifically designed for these individuals.
(2) 
This overlay zone is for tract areas as identified on the Land Use Plan Map and Zoning Map. An entire tract area or portion thereof may be the subject of a planned retirement development application.
B. 
Principal permitted uses. Principal permitted uses on the land and in the buildings shall be as follows:
(1) 
Any principal permitted use, accessory use or other use permitted in the underlying zoning district shall continue to be allowed in accordance with the standards specified for such uses found in the appropriate section of this chapter.
(2) 
A planned retirement development, subject to the following additional requirements and conforming to the findings of a planned development as defined by the Municipal Land Use Law, N.J.S.A. 40:55D-45, and in accordance with an approved general development plan:
(a) 
The following uses are principal permitted uses in a planned retirement development, provided they meet the standards in this section.
1. 
Detached single-family.
2. 
Semidetached two-family.
3. 
Single-family zero-lot-line.
4. 
Semidetached zero-lot-line.
5. 
Townhouse.
6. 
Multifamily.
7. 
Independent living facilities.
8. 
Assisted living/congregate care facilities.
9. 
Nursing home.
10. 
Existing single-family homes existing at the time of this section (dated December 20, 2000) located only in the Planned Retirement Development Zone. These homes are subject to the bulk and yard requirements of the R-25 Zone in § 550-73B(4) and (7).
(b) 
Age-restricted units (single-family detached, two-family semidetached, single-family zero-lot-line, zero-lot-line semidetached, townhouse and multifamily) shall be developed at a gross density of not more than six dwelling units per acre, excluding any acreage devoted to independent living, assisted living/congregate care and nursing home facilities. All age-restricted units shall be grouped or located together in proximity to recreational facilities, open space, sidewalk and bike path systems. The developer shall be required to provide facilities for the maintenance and administration of the development.
(c) 
Conversion or redevelopment of existing structures at the time of adoption of this article to age-restricted, independent living, assisted living or congregate care, and nursing home facilities shall be subject to site plan review and the following requirements:
1. 
The conversion of an existing structure(s) shall only be permitted where the architectural character of the existing structure(s) is improved and where all off-street parking and building height requirements found in this article are addressed to the satisfaction of the Planning Board.
2. 
There shall be no minimum lot size on which a conversion may be permitted to occur; provided, however, no lot existing at the time of adoption of this article on which a conversion is proposed shall be further reduced in size.
3. 
Except as otherwise provided in this article, there shall be no minimum lot width or frontage, no minimum building setback, no maximum percentage of lot coverage, no requirement as to front, side or rear yards, and no requirement concerning the location of accessory buildings or structures. However, no conversion or redevelopment plan shall be approved unless the lot areas, widths, depths and frontages, building setbacks, percentages of lot coverage, front, side and rear yards, and locations of accessory buildings or structures provided for in the site plan are consonant with the public health, safety and general welfare.
4. 
Open space and recreational and cultural facilities shall be provided to the satisfaction of the Planning Board.
5. 
A ten-foot landscaped and fenced buffer shall be located along all property lines abutting nonresidential uses. Provision may be made for a lighted pathway to any adjacent commercial use deemed by the Township to be advantageous for elderly citizen use.
6. 
Landscaping and fencing buffering shall be located along all property lines abutting residential uses where deemed appropriate by the Township.
(d) 
Recreational and cultural facilities for the use of the residents of the development and their guests, including the following: clubhouse, in-ground community swimming pool, and picnic grounds. Recreational and cultural facilities shall not be limited to the foregoing so that the applicant and Planning Board may propose additional facilities. All such facilities shall be subordinated to the residential character of the development.
(e) 
Accessory uses and accessory buildings incidental to a planned retirement development.
1. 
Off-street parking.
2. 
The following accessory uses shall be permitted in a planned retirement development within a building(s) that also contains independent living, assisted living or congregate care, and nursing home units; recreational facilities, physical therapy facilities, entertainment facilities, libraries, food preparation facilities, dining facilities, laundry and linen service facilities, nursing services, housekeeping services, limited health care facilities and services including nursing beds, security facilities, administrative offices, staff facilities, storage and maintenance, chapels, temporary guest lodging facilities; and limited commercial service facilities, such as banking facilities, post office, drugstore, barbershops and beauty parlors, facilities for the sale of sundries, personal articles, newsstand, gift shop, food and similar convenience products for the residents, snack/coffee shop and such other uses as are customarily associated with and subordinate to the principal permitted uses. No outdoor advertisement for these facilities shall be permitted.
3. 
Fences and walls, which shall be uniform in size and materials and complement the architectural style, type and design of the dwelling unit and the overall project design, as established during the site plan review and approval process. All fences and walls shall be constructed when the development is constructed.
4. 
Decks and patios, which shall be uniform in size and materials and complement the architectural style and design of the dwelling unit and the overall project design, as established during the site plan review and approval process. All decks and patios shall be constructed when the development is constructed.
5. 
Signage. A coordinated sign package must be provided for review prior to final approval. The size, location, design, color, texture, lighting and materials of all temporary and permanent signs shall not detract from the design of proposed buildings and structures and the surrounding properties.
6. 
An area devoted to off-residence storage and recreational vehicle parking for residence use only, subject to Planning Board review and approval.
7. 
Entrance gatehouses, provided such structure(s) are located along entrance roadway(s) to the property, are located outside of any required sight triangle, and are designed to complement the architectural style and the overall project design.
8. 
Temporary construction trailer(s) and one sign, not exceeding 100 square feet, advertising the prime contractor, subcontractor(s), architect, financial 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 construction is taking place and are set back at least 15 feet from all street and lot lines.
(f) 
Accessory uses for existing single-family homes in the Planned Retirement Development Zone only. See § 550-73B(2), (6), (9), (10) and (12).
(3) 
Conservation areas.
(4) 
Public recreational and community center buildings and grounds.
(5) 
Parks and playgrounds, but not including amusement parks or similar uses which detract from the characteristic of the district or are operated for profit.
(6) 
Farms. See § 550-136, Right to farm, of this chapter.
C. 
The following shall be the bulk, area and general regulations for a planned retirement development.
(1) 
Lot sizes and dimensions, yard sizes and building arrangements may be freely disposed and arranged for age-restricted units, provided that the planned retirement development conforms to a general development plan approved by the Planning Board pursuant to the applicable provisions contained in this chapter and in accordance with the following minimum standards:
(a) 
End wall (no openings) to end wall: 12 feet minimum.
(b) 
Any building face to street curb: 20 feet minimum.
(c) 
End wall to window wall: 30 feet minimum, except for zero-lot-line dwelling units, which shall be separated a minimum of 10 feet.
(d) 
Any building face to parking area: 12 feet minimum.
(e) 
Window wall to window wall: 30 feet minimum; except for multifamily units, which shall be separated a minimum of 75 feet.
(f) 
The Planning Board may reduce the setback distances cited in Subsection C(1)(a) through (e) above if extensive landscaping and/or earth berming is placed between buildings.
(g) 
The following minimum standards shall apply if individual lots are proposed for single-family, two-family, townhouse and multifamily age-restricted units:
Single-Family Detached
Minimum lot area
5,000 square feet
Minimum lot frontage and width
50 feet
Minimum lot depth
100 feet
Minimum front yard setback
20 feet
Minimum side yard setback
10 feet
Minimum rear yard setback
25 feet
Maximum impervious coverage
40%
Two-Family Semidetached
Minimum lot area
6,000 square feet
Minimum lot frontage and width
80 feet
Minimum lot depth
75 feet
Minimum front yard setback
20 feet
Minimum side yard setback
10 feet
Minimum rear yard setback
20 feet
Maximum impervious coverage
40%
Single-Family Zero-Lot-Line
Minimum lot area
5,000 square feet
Minimum lot frontage and width
50 feet
Minimum lot depth
100 feet
Minimum front yard setback
20 feet
Minimum side yard setback
0/10 feet
Minimum rear yard setback
15 feet
Maximum impervious coverage
40%
Zero-Lot-Line Semidetached
Minimum lot area
6,000 square feet
Minimum lot frontage and width
65 feet
Minimum lot depth
90 feet
Minimum front yard setback
20 feet
Minimum side yard setback
0/10 feet
Minimum rear yard setback
15 feet
Maximum impervious coverage
40%
Townhouse (fee simple)
Minimum lot area
2,000 square feet
Minimum lot frontage and width
20 feet
Minimum lot depth
100 feet
Minimum front yard setback
20 feet
Minimum side yard setback
10 feet (end units)
Minimum rear yard setback
10 feet
Maximum impervious coverage
75%
Multifamily
Minimum distance from internal roads
25 feet
Window wall to window wall
75 feet
Window wall to end wall
30 feet
End wall to end wall
12 feet
Building face to parking
12 feet
Building face to street curb
20 feet
(h) 
Minimum lot frontage, width, depth and yard setback requirements shall not be regarded as inflexible, nor shall they be applied in a manner that will adversely affect full implementation of a plan of development. The attainment of these requirements shall not be considered justification for building placement and proper site plan design without other considerations set forth in this article.
(2) 
All age-restricted units, except multifamily, shall be provided with garages, and all independent living units shall be provided with carports.
(3) 
All uses will be serviced by public water and sewer systems.
(4) 
Total impervious surface coverage for the tract area devoted to age-restricted units shall be 40%.
(5) 
All units shall be designed in such a manner as to provide maximum security and visual privacy from adjacent dwelling units and other buildings. For zero-lot-line units, no windows of an adjoining unit shall face the private outdoor living space of another unit. Walls placed on lot lines shall not contain window openings on living spaces, and cross-lot easements shall be provided so that adjacent lot owners and/or homeowners' association may gain access to their dwellings for the purposes of maintenance and repairs.
(6) 
No portion of any principal permitted use or parking lot shall be located closer than 50 feet from a tract boundary line, 75 feet from any off-site road right-of-way line, or 100 feet from any common property line with a nonresidential use or nonresidential zoning district. A twenty-five-foot-wide landscaped buffer shall be installed within these setback areas to diminish the visual encroachment of residential privacy and residential neighborhood characteristics of a planned retirement development. Age-restricted units shall be separated from all other on-site principal permitted uses by at least 100 feet. These setback and landscape buffer requirements may be increased by the Planning Board if more than 50% of a planned retirement development's total site acreage is occupied by independent living, assisted living/congregate care facilities or nursing homes, and these setback and landscape buffer requirements may be reduced by the Planning Board if the applicant can demonstrate that additional landscaping, fencing and/or earth berming will protect residents from negative visual and physical impacts.
(7) 
There shall be a minimum unit setback of 200 feet from an existing interstate road right-of-way or existing railroad right-of-way. Sound-attenuation systems, barriers or devices, to include but not be limited to walls, landscaping and earth berming capable of reflecting noise, shall be placed within the setback area parallel to the right-of-way. Units placed immediately adjacent to the road right-of-way or railroad right-of-way shall also be architecturally and structurally designed to mitigate noise impacts. Sound-attenuation systems shall be designed to meet New Jersey Department of Transportation guidelines.
(8) 
Adequate off-street parking facilities for residents, employees and visitors of a planned retirement development shall be provided as follows:
(a) 
Age-restricted units, except for multifamily units: two off-street spaces per unit, at least one of which must be provided in a garage, plus 0.25 space per unit for visitors.
(b) 
Age-restricted multifamily units: 1.25 spaces for each one-bedroom, 1.75 spaces for each two-bedroom, and two spaces for each three-bedroom unit, plus 0.25 space per unit for visitors.
(c) 
Independent living unit: 1.00 space per unit, plus 0.25 space per unit for visitors.
(d) 
Assisted living and congregate care unit: 0.5 space per unit plus one additional parking space for each employee on the largest shift.
(e) 
Nursing home unit: 1.0 space per bed.
(f) 
Clubhouse: 1.0 space for every four age-restricted units, except that this requirement may be modified by the Planning Board to the extent that other conveniently accessible and available parking could feasibly be substituted. All off-street parking areas shall be visually defined along their perimeter by a fence, wall, hedge, tree line or earth berming, or some combination thereof.
(9) 
No building may exceed 35 feet or 2 1/2 stories in height, except as provided in the following provisions: independent living facilities, assisted living and congregate care and nursing home units may not exceed 45 feet in height or three stories. The exterior walls of all independent living, assisted living, congregate care and nursing home buildings shall be accessible for fire protection purposes.
(10) 
All utilities shall be installed underground.
(11) 
Sufficient individual or common areas and/or equipment shall be made available for each dwelling unit for the laundering and artificial drying of laundry by occupants of each dwelling unit.
(12) 
An on-site security system may be provided for a planned retirement development including entrance gatehouse, fences, walls and supporting service buildings.
(13) 
All freshwater wetlands shall be protected in accordance with the New Jersey Freshwater Wetlands Protection Act.
(14) 
Recreational and cultural facilities shall be readily accessible to all residents of the planned retirement development via sidewalks and/or bike paths.
(15) 
Open space shall be distributed throughout the development in an equitable manner.
(16) 
Natural features and critical areas, such as treed areas, scenic views; historic sites; natural terrain including steep slopes and open waters; wetlands and associated buffers; wildlife corridors; natural drainage lines; open space of high ecological value; and other community assets shall be preserved as much as possible in designing any planned retirement development containing such features. On individual lots or parcels, care shall be taken to preserve selected trees as determined by the Planning Board to enhance the landscape treatment of the development. Clearing trees and shrubs from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading, construction requirements, and/or proposed building locations necessitate removal of trees, in which case treed portions of those lots or other lots that are designated by the Planning Board to be of environmental value shall be replanted with native trees.
(17) 
If a development is to be staged over a period of years, a phased development plan with net density of the land development in each phased area shall be shown with a timetable for development.
(18) 
Properties affected by the Township land use plan road system shall be required to construct that portion of the Township land use plan roadway that traverses their property.
(19) 
During land development review, the following criteria shall be addressed to the satisfaction of the Planning Board:
(a) 
Consistency with this chapter.
(b) 
The function and visual relationship between the planned retirement development and adjacent developments.
(c) 
Orientation of buildings so as to take advantage of passive solar heating, summer breezes and views of floodplains and other natural features and critical areas while minimizing exposure to winter winds.
(d) 
Sidewalks and bike paths, which are linked to off-site sidewalk and bike path networks.
(e) 
Minimization of glare, noise and visual intrusion of parking lots to external roadways and adjacent developments through grading, landscaping and/or earth berms.
(20) 
The following standards shall only apply to independent living, assisted living, congregate care, and nursing home buildings that do not involve conversion or redevelopment of existing structures:
(a) 
The minimum lot area shall be five acres.
(b) 
The minimum lot width at the front building setback line shall be 100 feet.
(c) 
The minimum front yard setback shall be 75 feet.
(d) 
There shall be two side yards no less than 100 feet in aggregate width, and neither yard shall be less than 50 feet.
(e) 
There shall be a rear yard with a depth of not less than 50 feet.
(f) 
Not more than 30% of the lot area may be occupied by buildings.
(g) 
The maximum impervious surface coverage shall be 50%.
(h) 
The maximum floor area ratio shall be 0.40.
(i) 
A ten-foot landscaped and fenced buffer shall be located along all property lines abutting nonresidential uses. Provision may be made for a lighted pathway to any adjacent commercial use deemed by the Township to be advantageous for elderly citizen use.
(j) 
Landscaping and fencing buffering shall be located along all property lines abutting residential uses where deemed appropriate by the Township.
D. 
No age-restricted, independent living, assisted living, congregate care or nursing home unit shall be constructed unless the following minimum design standards are met. The design and location of all buildings and recreational facilities must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements and shall take into account the desires and needs of older persons for privacy, participation in social community activities and access to community facilities. At the same time, provision shall be made to accommodate the limitations that sometimes accompany advanced years so that independent living can be sustained as long as possible. The applicant shall show in detail how the development design criteria considers this criteria. The following design elements shall be required in a planned retirement development:
(1) 
Single-family and two-family units shall be placed into small groupings such as clusters or courts. Groupings shall be visually reduced in size by using garden walls, gates, fences and variable landscape layouts.
(2) 
Building exteriors shall have vertical and/or horizontal offsets to create visual breaks on the exterior.
(3) 
A variety of building heights is encouraged in a single development.
(4) 
A variety of building setbacks, rooflines, color schemes, and elevations shall be required in the development to avoid a repetitious or monotonous streetscape.
(5) 
The exteriors of all buildings in the development, including accessory buildings, shall conform architecturally and be constructed of materials of like character.
(6) 
Each age-restricted building and combined complex of units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building or orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination, for each unit.
(7) 
In order to prevent the development of long and monotonous buildings and ridgelines, which serve to increase the sense of density, lack interest and liken the development to a barracks, overall structures of attached townhouses shall consist of no more than eight townhouse dwelling units. There shall be at least three different ridgeline heights in each overall structure of attached townhouses, which shall vary by at least three feet. In any overall structure of attached townhouses, no more than two adjacent dwelling units shall have the same setback. Setbacks shall vary by at least eight feet.
(8) 
The monotony of long overall structures of attached townhouses is considerably diminished when such structures are sited on gently rolling lands. In such instances, the Planning Board may approve the construction of overall structures of attached townhouses containing nine or 10 townhouse dwelling units.
(9) 
All units shall be connected to approved and functioning public water and sanitary sewer systems. Prior to approval, an applicant must obtain a certificate from the appropriate agency allocating capacity in the system to the development.
(10) 
Each development shall provided for the removal of trash and garbage. Storage of trash and garbage shall be subject to Planning Board review and approval.
(11) 
The development plan for the site, its developed facilities and the interior of residential units must be specifically designed to met the potential physical and social needs and visual, auditory, ambulatory and other impairments that may affect older persons, particularly as residents age in place.
(12) 
There shall be provided a safe and convenient system of sidewalks and bike paths accessible to all occupants. Due consideration should be given in planning walks, paths and ramps to prevent slipping or stumbling. Handrails and ample space for rest shall be provided. All walks, paths and risers shall be designed according to the requirements of the Americans with Disabilities Act (ADA). When required, sidewalks shall be at least five feet wide and bike paths six feet wide, as approved by the Planning Board.
(13) 
Artificial lighting shall be provided along all walks, paths and interior roads and driveways and in all off-street parking areas with sufficient illumination for the safety and convenience of older-age residents, depending on anticipated night-time use.
E. 
Open space and recreation requirements.
(1) 
Open space shall be optimally related to the overall plan and design of the development and improved to best suit the purpose(s) for which it is intended. No less than 20% (less existing and proposed road rights-of-way) shall be devoted to conservation, open space and/or recreational purposes. All flood hazard areas plus wetlands and wetland buffers shall be retained in open space. Individual residential lots or portions thereof shall not be construed as open space. Such designated open space shall be on major contiguous parcels inter-spaced among grouping of residential dwellings and shall be interconnected with open space areas on abutting parcels, having adequate access to public roads and consisting of land developed for specific recreational purposes. Open space areas for purposes of this calculation shall not include, among other things, courtyards and cul-de-sac islands.
(a) 
Active and passive recreational facilities shall be provided in a planned retirement development for the use and enjoyment of the residents of the planned development and their guests, which shall consist of the following: an in-ground community swimming pool provided with an improved sitting area, contiguous to all sides of the pool, having an area two times the water surface area of the pool; there shall be not less than 25 square feet of floor area per dwelling unit provided in a clubhouse with meeting rooms, multipurpose space, fully equipped game rooms, art and craft rooms, fully equipped kitchen, office space and service facilities; shuffleboard and horseshoe courts; regulation doubles tennis courts; exercise areas and stations; picnic facilities; outdoor sitting areas; gardening areas with a communal greenhouse; and a system of handicapped-accessible sidewalks, bike paths, roads and shared drives. The location of such recreational facilities shall be carefully planned to provide privacy for the users and to avoid problems of noise, lighting and similar nuisances which might interfere with their use and enjoyment by residents of the development.
(b) 
The design and use of open space areas shall protect the natural resources and qualities of the site, including the natural terrain, woodlands, significant views and any unique and unusual features. Open space other than that preserved for its natural values shall be suitably landscaped. All structures within open space areas shall be sited so as to retain their visual appeal. The Planning Board shall require active and/or passive recreational facilities and such grading, drainage, planting, walkways, fencing, lighting and such other improvements in open space as may be necessary to enhance the intended open space and recreational uses or accept a contribution in lieu of making such improvements.
(c) 
Payments in lieu of improvements shall be deposited in a dedicated recreation trust fund and may be commingled with other deposits and/or municipal or other governmental appropriations intended for recreation purposes.
(d) 
Within open space areas, the Planning Board may require the developer to make certain site preparation improvements, which may include but are not limited to the following: preservation and/or relocation of existing trees; removal of dead or diseased trees; thinning of trees or other growth to encourage more desirable growth; removal of trees in areas planned for ponds, lakes or active recreational facilities; grading and seeding; improvement or protection of the natural drainage system through the use of protective structures, stabilization measures and similar improvements; improvement and landscaping of ponds and lakes to afford appropriate use and enjoyment by the residents; and generally cleaning up the site by removing trash, debris and any hazardous materials.
(2) 
Land to be devoted to public purposes may be offered to the Township or may be owned and maintained by an open space organization. Any lands intended to be offered to the Township for public purposes shall be so declared prior to preliminary approval. All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization.
(3) 
All bike paths in the planned retirement development next to Veterans' Park must connect with the existing system in Veterans' Park.
(4) 
Open space within planned retirement developments shall satisfy the applicable requirements found in § 550-164, Planned developments, Subsection B(4) through (6), open space requirements.
F. 
Design guidelines for all planned retirement developments adjacent to the Planned Town Center Zone in Robbinsville Township.[1]
(1) 
The development shall be encouraged to reflect a development pattern that closely matches the Robbinsville Township Land Use Plan and implementing ordinances to:
(a) 
Provide a radial and axial street pattern that interconnects with existing and proposed uses and links neighborhoods together.
(b) 
Provide a layout of streets and open space edges which encourages pedestrian and bike path connections.
(c) 
Provide small parks and squares and a defined peripheral green park or open space.
(d) 
Encourage an efficient use of land and public services, reflect changes in technology of land development, and direct a new development in a pattern that resembles a traditional mixed-use pattern.
(e) 
Promote the creation of new neighborhoods and developments that exhibit the design features of traditional neighborhoods and small towns in Mercer County.
(f) 
Promote the creation of places which are oriented to the pedestrian, promote citizen security, and social interaction.
(g) 
Promote the creation of developments that are identifiable in the landscape, surrounded by open space, and help to preserve sensitive natural features.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
All planned retirement developments shall adhere to the general development plan submission requirements as identified in § 550-228.
[Added 7-2-1997 by Ord. No. 97-019; amended 12-21-2011 by Ord. No. 11-043]
A. 
Purpose; location.
(1) 
The purpose of a mixed-use train station development is to provide for a variety of land use types that complement adjacent uses and service users of the nearby train station and residents of the Township; to ensure compatibility among land uses; to encourage the highest quality design and architecture; to encourage better movement and transportation of people; and to prevent strip development.
(2) 
This overlay zone is for tract areas as identified on the Land Use Plan Map and Zoning Map. An entire tract area or portion thereof may be the subject of a mixed-use train station development application.
B. 
Design; subdivision; etc. A mixed-use train station development shall be conceived, designed, subdivided and site planned as a single complex and in accordance with an approved concept site plan and concept subdivision plan.
C. 
Principal permitted uses. Principal permitted uses on the land and in the building(s) shall be as follows:
(1) 
Any principal permitted use, accessory use and other use permitted in the underlying zoning district shall continue to be allowed in accordance with the standards specified for such uses found in the appropriate section of this chapter.
(2) 
The following principal commercial uses as defined herein, as identified in §§ 550-76B, 550-77B, 550-78B and 550-79B, shall be permitted on the land and in buildings within a mixed-use train station development.
(a) 
Principal permitted uses on the land and in buildings as found in § 550-76B:
Bakery
Periodicals and newspapers
Barber and beauty shops
Book or gift store
Candy store and/or fountain
Ice cream store
Sporting goods store
Video store
Combination of two or more of the above-permitted uses in one principal building.
(b) 
Principal permitted uses on the land or in buildings as found in § 550-77B:
Restaurants, bars and taverns, excluding drive-in
Banks, including drive-in facilities
Florist
Offices, business and professional
Combinations of two or more of the above-permitted uses in one principal building
(c) 
Principal permitted uses on the land and in buildings as found in § 550-78B:
Bowling alleys
Bicycle sales, rental or repair
Miniature golf
Billiard hall
Combinations of two or more of the above-permitted uses in one principal building
(d) 
Principal permitted uses on the land and in buildings as found in § 550-79B:
All forms of Township land uses, including but not limited to public playgrounds, conservation areas, parks, public purpose uses and publicly owned/privately maintained and operated recreation facilities
Radio or television broadcasting station, including studios, auditoriums and other rooms for performances and including office and other space incident to and necessary for the principal use, exclusive of broadcasting towers and antennas
Theater, not including a drive-in theater
Museums, exhibition halls, art galleries, libraries, music conservatories or instruction, art, photographic and dance studios and other cultural facilities of a similar nature
Indoor tennis, racquetball, squash and handball courts
Combinations of two or more of the above-permitted uses in one principal building
(e) 
The above-referenced principal permitted commercial uses shall be required to satisfy all of the requirements as set forth in §§ 550-76, 550-77, 550-78 and 550-79 and throughout this chapter. The Planning Board shall have the right to modify the requirements for minimum lot area, width or frontage, minimum building setback, maximum impervious surface coverage, requirements as to front, side or rear yards, and requirements concerning the location of accessory buildings or structures for any land use in a mixed-use train station development, whenever such modifications are necessary to achieve a mixed-use train station development.
(3) 
No plan for a mixed-use train station development shall be approved by the Planning Board unless the lot areas, widths, depths and frontages, building setbacks, percentages of lot coverage, front, side and rear yards and locations of accessory buildings or structures provided for in the site plan and subdivision plan are appropriate to the type of development permitted.
(4) 
Not less than 10% of the land area within a mixed-use train station development shall be devoted to common open space. The location of common open space shall be consistent with the declared function of the common open space, and where possible the common open space shall be planned as a contiguous area located for the maximum benefit of the area which it was designed to serve, preserving and, where possible, enhancing natural features. Land to be devoted to public purposes may be offered to the Township or may be privately owned and maintained. Any lands intended to be offered to the Township for a public purpose shall be so stipulated prior to preliminary approval.
(5) 
In order to foster the attractiveness of a site designed as a mixed-use train station development and the surrounding neighborhoods and in order to provide an efficient road and utility network, ensure the movement of traffic, implement comprehensive planning and better serve the public health, safety and general welfare, the design standards and criteria in § 550-165 shall be utilized by the Planning Board in reviewing all site plans and subdivision plats relating to a mixed-use train station development. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation.
[Amended 4-2-2019 by Ord. No. 19-013]
D. 
Accessory uses permitted:
(1) 
Off-street parking.
(2) 
Fences and walls. (See § 550-114.)
(3) 
Signs.
(4) 
Temporary sales or construction trailer(s).
(a) 
The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.
(b) 
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c) 
The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.
(d) 
Only one sales trailer and two construction trailers are permitted per project.
(5) 
Appurtenant services and retail shops determined to be available for the convenience of the patrons of the development and designed as an integral part of a site development plan.
(6) 
Restaurants or cafeterias located within a principal building.
(7) 
Banks located within a principal building containing a permitted use in accordance with this section.
(8) 
Recreational areas and parks, provided that the facility is owned and operated by an associated industry for the use of its employees or guests.
(9) 
Satellite dish antennas in accordance with the standards specified in § 550-137.
(10) 
Roof-mounted solar or photovoltaic energy-generating facility.
(11) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
E. 
Other uses permitted upon application to the municipal agency for a conditional use permit:
(1) 
Public utility installations.
(2) 
Private clubs, lodges, social buildings and fraternal organizations.
(3) 
Hotels.
F. 
Maximum building height. No building shall exceed 55 feet in height. In the case of buildings with flat roofs, building height shall be measured to the roof level and not to the top of the parapet wall.
G. 
Area and yard requirements.
(1) 
Minimum requirements.
(a) 
Principal building.
1. 
Tract area (acres): 50.
2. 
Tract frontage (feet): 750.
3. 
Tract width (feet): 750.
4. 
Tract depth (feet): 750.
5. 
Side yard, each (feet): 150.
6. 
Front yard (feet): 100.
7. 
Rear yard (feet): 150.
(b) 
Accessory building.
1. 
Distance to side line (feet): 150.
2. 
Distance to rear line (feet): 150.
3. 
Distance to other building (feet): 50.
(2) 
Maximum requirements.
(a) 
Floor area ratio: 0.25.
(b) 
Maximum impervious surface coverage (percent): 40%.
H. 
General requirements.
(1) 
A mixed-use train station development shall be conceived, designed, subdivided, site planned and approved by the Planning Board as a single complex according to a comprehensive master site development plan.
(2) 
The entirety of the mixed-use train station development shall be developed with a common architectural theme, which shall be subject to site plan approval by the Planning Board. The architectural theme shall include buildings, signage, fencing, lighting, paving, curbing, landscaping and other similar related physical features.
(3) 
Any principal building may contain more than one use or organization. More than one principal building may be constructed on any lot, provided that all chapter requirements are met and that a minimum distance of 50 feet is provided between the principal buildings.
(4) 
At least the first 30 feet adjacent to any street line and 100 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery. Any parking proposed within the front yard shall be screened by a landscaped berm of at least four feet in height and having a slope of two to one or three to one.
(5) 
A minimum buffer area of 150 feet in width shall be provided along any common property line with a residential district or residential use. [See §§ 550-119G(7) and 550-130B.]
(6) 
Left-turn access and egress from Sloan Avenue at the tract shall only be permitted through a signalized roadway entrance and exit directly opposite Fairlawn Avenue with the construction of a reverse jughandle on the tract with the development of a landscape center median and left turns on Sloan Avenue. No entrance or exit, at the curbline only, shall be closer than 12 feet from a side lot line. Entrance and exit sizes, location and construction shall be in accordance with requirements of the governmental agency having jurisdiction over the facility upon which the permitted use has frontage.
(7) 
Pedestrian and bicycle linkages shall be planned and constructed between the mixed-use train station development and adjacent properties as required by the Planning Board.
(8) 
A mixed-use train station development shall provide for transit bus linkages to the train station located on Sloan Avenue and to other areas within the Township as required by the Planning Board. The development shall provide for on-site transit amenities in the form of a bus stops, shelters, signage, benches and transit schedules in consultation with New Jersey Transit.
(9) 
Common driveways shall be encouraged and cross easements shall be required to allow vehicular movements between adjacent commercial properties.
(10) 
For additional general requirements see § 550-84, General requirements in nonresidential districts.
I. 
Minimum off-street loading. See § 550-119E, F, G and H for additional standards.
J. 
Minimum off-street parking. See § 550-119 of this chapter for standards.
K. 
Permitted signs. See § 550-124 of this chapter for standards.
L. 
Landscaping and preservation of natural features. See §§ 550-117, 550-119 and 550-130 of this chapter for design standards.
M. 
Fences, walls and sight triangles. See § 550-114 for details.
N. 
Accessory buildings. See § 550-111 of this chapter for design standards.
[Added 4-22-2010 by Ord. No. 10-003]
All requirements of this chapter for the respective zoning districts within the Arts and Culture Overlay shall remain in effect except as specifically superseded by the following, unless otherwise noted:
A. 
Purpose. The Arts and Culture Overlay has been designated to promote investment through mixed-use and commercial development that expands the presence of and/or otherwise enhances the arts and culture within the district.
B. 
Principal permitted uses on the land and in the buildings. The following permitted uses shall supplement the uses permitted in the underlying zone districts.
(1) 
Arts and culture principal permitted uses.
(a) 
Art galleries, including art sales.
(b) 
Art, music and dance studios.
(c) 
Teaching of visual and performing arts.
(d) 
Performing art facilities and performing arts theaters.
(e) 
Museums, art libraries and other similar cultural facilities.
(f) 
Artist live/work space.
(2) 
Supporting principal permitted uses.
(a) 
Commercial recreation (a recreation facility operated as a business and open to the public for a fee).
(b) 
Hotel, subject to the standards set forth in § 550-161O, Hotels.
(c) 
Restaurants, excluding drive-through or fast-food restaurants.
(d) 
Retail uses associated with and directly related to an arts and culture principal permitted use on the same lot or as part of the same development project.
(e) 
Residences not located on the ground floor of a mixed-use building.
C. 
General requirements.
(1) 
A floor area ratio bonus to a maximum total floor area ratio of 0.40 and an impervious surface coverage bonus to a maximum total coverage of 0.80 shall be conveyed to any lot developing one or more of the Arts and Culture Overlay District's principal permitted uses, provided that at least 20% of the total building floor area on the lot consists of one or more of the arts and culture principal permitted uses as set forth in Subsection B(1) above. The bonuses set forth in this section are not to be conveyed for supporting principal permitted uses as set forth in Subsection B(2) above.
(2) 
A floor area ratio bonus and an impervious surface coverage bonus shall be conveyed to any lot developing passive or active open space that would be open to the public, provided the following standards are met or exceeded:
(a) 
For each one square foot of open space provided on the lot, a floor area ratio bonus equivalent to one square foot of floor area and an impervious surface coverage bonus equivalent to two square feet shall be granted. The floor area ratio bonus available for public open space under this section is subject to a limitation of maximum total floor area ratio of 0.30 for the lot(s) which are proposed for development. The bonus in floor area under this section cannot be combined with development of arts and culture uses pursuant to Subsection C(1) above to achieve a floor area ratio in excess of the 0.40 limit set forth in that section.
(b) 
The open space must be visible and easily accessible from a public street.
(c) 
The open space must include one or more elements of public art, such as, but not limited to, outdoor sculpture, murals and/or artist-designed furnishings.
(3) 
No building developed under this subsection within the CC and GC Zoning Districts shall exceed 35 feet in height. No building developed under this subsection within the HC, I and MFG Zoning Districts shall exceed 45 feet in height, and any building which exceeds 35 feet in height shall provide twice the buffer which would otherwise apply under this section and in the event the lot is adjacent to a residential district or use.
(4) 
Site design standards. The following standards shall apply to all development and redevelopment:
(a) 
Buildings shall be primarily oriented toward and relate to a public street. Buildings shall not be primarily oriented toward a parking lot.
(b) 
Parking lots shall be located at the side or rear of buildings.
(c) 
Sidewalks shall be provided along the street frontage of all lots.
(d) 
Street trees shall be provided along the street frontage of all lots.
(e) 
A visual screen of plantings shall be provided along property lines adjoining residential districts.
(5) 
Architectural standards. All development and redevelopment shall comply with the standards in § 550-165, Evaluation standards and criteria for planned developments.
[Amended 4-2-2019 by Ord. No. 19-013]
(6) 
Freestanding sign standards.
(a) 
Where freestanding signs are permitted by the underlying zone district, one freestanding sign shall be permitted along each street frontage.
(b) 
Maximum height shall be eight feet.
(c) 
Maximum area shall be 50 square feet.
(d) 
Freestanding signs shall not be located within 20 feet of a public street or the boundary of a residential zone and shall not in any way interfere with the safe functioning of any traffic control signal nor be located within an intersection sight triangle easement.
(e) 
Freestanding signs shall be monument-type signs or shall be skirted to enclose the supporting pole(s) or pylon(s) of the sign. The skirting shall extend the full dimensions of the sign at its lower edge from ground to sign. The skirting shall not be included in the sign size calculation unless it displays a message.
(f) 
The base of the freestanding sign shall be liberally landscaped with a combination of shrubs, ground cover, flowers or other plant material.
(7) 
Placement of public art. The following standards shall apply to outdoor sculpture within the Arts and Culture Overlay District which is intended to be viewed from a public right-of-way or other public property.
(a) 
The placement of outdoor sculpture shall not require site plan approval; only a zoning permit shall be required, provided it does not jeopardize the public health or safety and the following standards are met:
1. 
Outdoor sculpture shall not be located within a sight triangle.
2. 
Outdoor sculpture shall not impede the flow of pedestrian, bicycle or vehicular traffic.
(b) 
Front, side and rear yard setback standards shall not apply to outdoor sculpture.
(c) 
Outdoor sculpture shall be excluded from the calculation of impervious surface coverage.
(d) 
Outdoor sculpture may be located within a surface parking lot. Any parking spaces eliminated as a result shall not require parking relief from the Planning Board, provided the Zoning Officer is satisfied that the remaining parking and circulation is adequate for the associated use.
[Added 5-6-2014 by Ord. No. 14-025]
A. 
Permitted uses:
(1) 
Hospital.
(2) 
Hospital support facilities, such as medical laboratories, medical clinics, surgical facilities, ambulatory care center, outpatient facilities, research, diagnostic testing and inpatient pharmaceutical facilities.
(3) 
Medical and related administrative offices.
(4) 
Long-term acute-care facility or subacute-care facility.
(5) 
Nursing homes and assisted living facilities.
(6) 
Hospice.
(7) 
Adult care center.
B. 
Accessory uses:
(1) 
Meeting, conference, educational and training facilities.
(2) 
Physical rehabilitation and treatment facilities.
(3) 
Fitness, wellness and exercise facilities.
(4) 
Cafeterias, snack shops, gift shops, bookstores, banks, florists, newsstands and similar retail convenience for personnel, patients and persons visiting patients.
(5) 
Hospital operation facilities, such as but not limited to food preparation and service, laundry, housekeeping, security, storage and maintenance.
(6) 
Chapels.
(7) 
Overnight accommodations and eating facilities for on-duty personnel and persons visiting patients.
(8) 
Helistop.
(9) 
Radio and telecommunications facilities for dispatch and control of medical transportation services.
(10) 
Emergency power generation for on-site use.
(11) 
Utility heating and cooling and cogeneration facilities.
(12) 
Child-care center.
(13) 
Off-street parking, including structured parking.
(14) 
Indoor and outdoor gardens.
(15) 
Fences and walls.
(16) 
Signs.
(17) 
Roof-mounted solar or photovoltaic energy-generating facility.
(18) 
Uses which are customary and incidental to the principal permitted use.
(19) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
C. 
Maximum building height:
(1) 
No portion of a building located 500 feet or less from a public road shall exceed 45 feet in height.
(2) 
No portion of a building located more than 500 feet from a public road shall exceed 80 feet in height.
(3) 
Exceptions: ancillary structures such as parapet walls, elevator penthouses, stair towers, HVAC equipment, communications equipment and antennas and light stanchions may exceed the maximum building height, provided they shall not exceed a height of 30 feet above the roof on which they are mounted.
(a) 
Any such ancillary structure shall be screened to reduce its visibility.
(4) 
Maximum height of a parking structure: 45 feet.
(5) 
Maximum height of an accessory structure: 20 feet.
D. 
Area and yard requirements.
(1) 
Principal building.
(a) 
Minimum lot area: five acres.
(b) 
Minimum lot frontage: 400 feet.
(c) 
Minimum lot width: 400 feet.
(d) 
Minimum lot depth: 400 feet.
(e) 
Minimum front yard setback: 150 feet.
(f) 
Minimum side yard setback: 75 feet.
(g) 
Minimum rear yard setback: 75 feet.
(h) 
Maximum floor area ratio: 0.4.
(i) 
Maximum impervious cover: 55%.
(2) 
Accessory buildings.
(a) 
Accessory buildings shall not be located between a building line and a public road.
(b) 
Minimum side yard setback: 75 feet.
(c) 
Minimum rear yard setback: 75 feet.
E. 
General requirements.
(1) 
Any principal building may contain more than one use or organization. More than one principal building may be constructed on any lot, provided that all chapter requirements are met.
(2) 
At least the first 50 feet adjacent to any street line, including state and interstate roadways, and 50 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery.
(3) 
Any parking, either on the ground or in a structure, proposed within the front yard shall be screened by a landscaped berm of at least 4 1/2 feet in height and having a slope of three to one. The berm shall be landscaped sufficient to screen parking located between buildings and any street, including any state or interstate roadway.
(4) 
A minimum buffer area of 150 feet in width shall be provided along any common property line with a residential district, use or with a right-of-way adjacent to a residential district.
(5) 
Cross easements to allow for traffic and pedestrian circulation between properties shall be encouraged.
(6) 
Parking structures.
(a) 
Parking structures shall be located at least 350 feet from a public road.
(b) 
Architectural design and building materials of parking structures shall be similar or complementary to the principal buildings on the tract.
(c) 
A roof-mounted solar or photovoltaic energy-generating facility may be located on the roof or upper parking deck of a parking structure, provided the maximum height of the solar or photovoltaic energy-generating facility does not exceed 45 feet.
(7) 
No helistop shall be located less than 500 feet from a public road or residential use.
(8) 
For additional general requirements see § 550-84, General requirements in nonresidential districts.
[Added 3-20-2018 by Ord. No. 18-010]
A. 
Permitted uses.
(1) 
Multifamily units, provided that:
(a) 
The maximum residential yield is 388 units.
[Amended 4-7-2020 by Ord. No. 20-006]
(b) 
Twenty percent of the total dwelling units that are the subject of a development application shall be low- and moderate-income dwellings as required by Article V, §§ 550-165 through 550-170 with 55% affordable to low-income households and 45% affordable to moderate-income households.
(c) 
No more than 15% of the market-rate units may be three-bedroom units.
(d) 
No unit may have more than three bedrooms.
(2) 
Public parks, playgrounds, conservation areas and public purpose uses.
(3) 
Public recreational and community center buildings and grounds.
(4) 
Farms. See § 550-136, Right to farm, of this chapter.
(5) 
Building structures and uses owned and operated by the Township of Hamilton.
B. 
Accessory uses.
(1) 
Decks and patios which shall be uniform in size and materials and complement the architectural style and design of the dwelling unit and the overall project design, as established during the site plan review and approval process. All decks and patios shall be constructed when the development is constructed.
(2) 
Private residential tool or garden sheds not to exceed 12 feet by 12 feet by 12 feet and located three feet from property lines.
(3) 
Off-street parking and private garages.
(4) 
Fences and walls which shall be uniform in size and materials and complement the architectural style, type and design of the dwelling unit and the overall project design, as established during the site plan review and approval process. All fences and walls shall be constructed when the development is constructed.
(5) 
Entrance gatehouses and structures provided such structures are located along entrance roadways to the property, are located outside of any required site triangle, and are designed to complement the architectural style and the overall project design.
(6) 
Community amenities, such as but not limited to: pool, clubhouse, walking trails.
(7) 
Signs.
(8) 
Temporary sales or construction trailer(s).
(a) 
The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.
(b) 
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c) 
The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.
(d) 
Only one sales trailer and two construction trailers are permitted per project.
(9) 
Roof-mounted solar or photovoltaic energy-generating facility.
(10) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
C. 
Conditional uses.
(1) 
None.
D. 
Area and yard requirements:
(1) 
Tract development.
(a) 
Minimum tract area: 60 acres.
(b) 
Maximum impervious coverage: 40%.
(c) 
Maximum principal building height: three stories/45 feet.
[Amended 4-7-2020 by Ord. No. 20-006]
(d) 
Maximum accessory building height: 30 feet.
(e) 
Open space: Not less than 20% of the gross development area shall be designed as and devoted to common open space for use primarily by the residents of the planned development or subject to conservation easements restricting their development.
(2) 
Lot sizes and dimensions, yard sizes and building arrangement may be freely disposed and arranged, in accordance with the following standards:
(a) 
Window wall to window wall: 50 feet minimum.
(b) 
End wall to window wall: 30 feet minimum.
(c) 
End wall (no openings) to end wall: 12 feet minimum.
(d) 
Any building face to parking area: 12 feet minimum.
(e) 
Any building face to street curb: 20 feet minimum.
(3) 
Buildings and parking areas shall be freely disposed and arranged, in accordance with the following minimum distances:
(a) 
Boundary line: 30 feet.
(b) 
Offsite right-of-way: 75 feet.
(c) 
Common property line with nonresidential use and nonresidential zoning district: 40 feet.
(d) 
Landscape buffer required to Klockner Road right-of-way: 50 feet.
(e) 
Landscape buffer required to any other lot line: 25 feet.
(f) 
Unit setback to existing interstate right-of-way: 200 feet.
(4) 
Each multifamily development shall contain a clubhouse in accordance with the following standards:
(a) 
Minimum floor area: 25 square feet per unit.
(b) 
Minimum pool sitting area: Twice the pool surface area.
E. 
Natural features and critical areas, such as treed areas, scenic views; historic sites; natural terrain including steep slopes and open waters; wetlands and associated buffers; wildlife corridors; natural drainage lines; open space of high ecological value; and other community assets shall be preserved as much as practical.
F. 
Architectural standards.
(1) 
Building exteriors shall have vertical and/or horizontal offsets to create visual breaks on the exterior.
(2) 
A variety of building heights is encouraged in a single development.
(3) 
A variety of building setbacks, rooflines, color schemes, and elevations shall be required in the development to avoid a repetitious or monotonous streetscape.
(4) 
The exteriors of all buildings in the development, including accessory buildings, shall conform architecturally and be constructed of materials of like character.
(5) 
Each building and combined complex of units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building or orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination, for each unit.
(6) 
In order to prevent the development of long and monotonous buildings and ridgelines, which serve to increase the sense of density, lack interest and liken the development to a barracks, overall structures of attached townhouses shall consist of no more than eight townhouse dwelling units. There shall be at least three different ridgeline heights in each overall structure of attached townhouses, which shall vary by at least three feet. In any overall structure of attached townhouses, no more than two adjacent dwelling units shall have the same setback. Setbacks shall vary by at least eight feet.
(7) 
The monotony of long overall structures of attached townhouses is considerably diminished when such structures are sited on gently rolling lands. In such instances, the Planning Board may approve the construction of overall structures of attached townhouses containing nine or 10 townhouse dwelling units.
G. 
Off-street parking facilities shall be provided as follows:
(1) 
Residential: Residential parking shall be provided pursuant to the Residential Site Improvement Standards ("RSIS"), N.J.A.C. 5:21-1 et seq. Guest parking is required as per RSIS.
(2) 
Clubhouse: One space for every six units.
H. 
Each development shall provide for the removal of trash and garbage. Storage of trash and garbage shall be subject to Planning Board review and approval.
I. 
There shall be provided a safe and convenient system of sidewalks and bike paths accessible to all occupants. Due consideration should be given in planning walks, paths and ramps to prevent slipping or stumbling. Handrails and ample space for rest shall be provided. All walks, paths and risers shall be designed according to the requirements of the Americans with Disabilities Act (ADA).[1] When required, sidewalks shall be at least five feet wide and bike paths six feet wide, as approved by the Planning Board.
[1]
Editor's Note: See 42 USCA § 12101 et seq.
J. 
Artificial lighting shall be provided along all walks, paths and interior roads and driveways and in all off-street parking areas with sufficient illumination for safety and convenience.
K. 
Affordable units shall be provided in accordance with the following:
(1) 
A developer's agreement is required to establish low/moderate apportionment, very-low-income requirement per N.J.S.A. 52:27D-329.1, bedroom distribution, unit size, etc.
(2) 
The affordable units shall be developed in accordance with the Council on Affordable Housing's (COAH's) regulations at N.J.A.C. 5:93[2] and the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., which govern the administration and affordability controls of affordable units in New Jersey, with one exception. The exception is for 13% very-low-income housing at 30% of the regional median income instead of the UHAC requirement of 10% very-low-income housing at 35% of the regional median income.
[2]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
(3) 
At least 13% of the units shall be affordable to very-low-income households, 42% of the units shall be affordable to low-income households, and 45% of the units may be affordable to moderate-income households. An odd number shall be split in favor of the low-income unit.
(4) 
In addition to addressing the requirements of COAH and UHAC noted above, the affordable units shall be developed in accordance with the following:
(a) 
The affordable units cannot be age-restricted units.
(b) 
The bedroom distribution requirements pursuant to N.J.A.C. 5:93-7.3[3] and N.J.A.C. 5:80-26.3(b).
[3]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
(c) 
The unit distribution requirements pursuant to N.J.A.C. 5:80-26.3.[4]
[4]
Editor's Note: Former Subsection K(4)(d), regarding very-low-income distribution requirements, which immediately followed this subsection, was repealed 11-20-2018 by Ord. No. 18-050. This ordinance also renumbered former Subsection K(4)(e) through (g) as Subsection K(4)(d) through (f).
(d) 
Pursuant to UHAC, N.J.A.C. 5:80-26.11, the affordable units shall be restricted to eligible very-low-, low- and moderate-income households for a minimum of 30 years from the date of their initial occupancy and thereafter until the affordability controls are terminated by the Township (the "Control Period").
(e) 
The phasing requirements pursuant to N.J.A.C. 5:93-5.6(d).[5]
[5]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
(f) 
The accessibility and adaptability requirements pursuant to N.J.A.C. 5:97-3.14.
L. 
In the A/T-2 Multiple Family Residential - 2 Zone District, a ground sign shall be permitted for the purpose of identifying a multifamily dwelling project. It shall not exceed 30 square feet in area and not more than one such sign shall be placed on a property unless such property fronts upon more than one street, in which instance a sign may be erected on each frontage. The sign shall not exceed the height of six feet and shall not be located within 10 feet of a public street, parking area or driveway and shall in no way interfere with the safe function of any traffic control signal or directional device nor be located within an intersection sight triangle easement.
[Added 3-20-2018 by Ord. No. 18-011]
A. 
Permitted uses.
(1) 
Multifamily, townhouses, and single-family attached or detached homes that are affordable to households of low- and moderate-income and are eligible for affordable housing credit against the Township's affordable housing obligation.
(2) 
Public parks, playgrounds, conservation areas and public purpose uses.[1]
[1]
Former Subsection A(2), regarding a manager’s unit, which immediately followed this subsection, was repealed 11-20-2018 by Ord. No. 18-030. This ordinance also renumbered former Subsection A(3) through (5) as Subsection A(2) through (4).
(3) 
Public recreational and community center buildings and grounds.
(4) 
Building structures and uses owned and operated by the Township of Hamilton.
B. 
Accessory uses.
(1) 
Decks and patios which shall be uniform in size and materials and complement the architectural style and design of the dwelling unit and the overall design, as established during the site plan review and approval process. All decks and patios shall be constructed when the development is constructed.
(2) 
Off-street parking and private garages.
(3) 
Fences and walls which shall be uniform in size and materials and complement the architectural style, type and design of the dwelling unit and the overall project design, as established during the site plan review and approval process. All fences and walls shall be constructed when the development is constructed.
(4) 
Entrance gatehouses and structures, provided such structure(s) are located along entrance roadway(s) to the property, are located outside of any required site triangle, and are designed to complement the architectural style and the overall project design.
(5) 
Community amenities, such as but not limited to: pool, clubhouse, walking trails.
(6) 
Signs.
(7) 
Temporary sales or construction trailer(s).
(a) 
The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.
(b) 
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c) 
The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.
(d) 
Only one sales trailer and two construction trailers are permitted per project.
(8) 
Roof-mounted solar or photovoltaic energy-generating facility.
(9) 
Electric vehicle supply/service equipment. (See § 550-144.)
[Added 10-19-2021 by Ord. No. 21-058]
C. 
Conditional uses.
(1) 
None.
D. 
Area and yard requirements.
(1) 
Tract development.
(a) 
Minimum tract area: seven acres.
[Amended 7-16-2019 by Ord. No. 19-031]
(b) 
Minimum tract frontage: 200 feet.
(c) 
Minimum number of affordable units: 72.
(d) 
Bulk requirements.
1. 
Minimum yards (feet).
a. 
Front: 50.
b. 
Rear: 50.
c. 
Side: 50.
2. 
Maximum impervious coverage: 50%.
3. 
Maximum principal building height: 3 stories, but not to exceed 45 feet.
[Amended 7-16-2019 by Ord. No. 19-031]
4. 
Maximum accessory building height: 30 feet.
(e) 
Lot sizes and dimensions, yard sizes and building arrangement may be freely disposed and arranged, in accordance with the following standards:
1. 
No portion of a dwelling shall be closer than 15 feet to the right-of-way of a local internal road or 50 feet to a public road existing at the time the application for development is deemed complete or any planned public road.
2. 
End wall (no openings) to end wall: 12 feet minimum.
3. 
[2]End wall to window wall: 30 feet minimum.
[2]
Editor’s Note: Former Subsection D(1)(e)3, regarding building faces, was repealed 7-16-2019 by Ord. No. 19-031. This ordinance also renumbered former Subsection D(1)(e)4 through 8 as Subsection D(1)(e)3 through 7, respectively.
4. 
Any building face to parking area: 10 feet minimum.
[Amended 7-16-2019 by Ord. No. 19-031]
5. 
Window wall to window wall: 40 feet minimum.
[Amended 7-16-2019 by Ord. No. 19-031]
6. 
At least the first 30 feet adjacent to any street line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery.
[Amended 7-16-2019 by Ord. No. 19-031]
7. 
Landscape buffer required to lot line: 30 feet.
E. 
Natural features and critical areas, such as treed areas, scenic views; historic sites; natural terrain including steep slopes and open waters; wetlands and associated buffers; wildlife corridors; natural drainage lines; open space of high ecological value; and other community assets shall be preserved as much as practical.
F. 
Architectural standards:
(1) 
Building exteriors are encouraged to have vertical and/or horizontal offsets to create visual breaks on the exterior.
(2) 
A variety of building heights is encouraged in a single development.
(3) 
A variety of building setbacks, rooflines, color schemes, and elevations shall be required in the development to avoid a repetitious or monotonous streetscape to the extent practical.
(4) 
The exteriors of all buildings in the development, including accessory buildings, shall conform architecturally and be constructed of materials of like character.
(5) 
Each building and combined complex of units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building or orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination, for each unit.
(6) 
In order to prevent the development of long and monotonous buildings and ridgelines, which serve to increase the sense of density, lack interest and liken the development to a barracks, overall structures of attached townhouses shall consist of no more than eight townhouse dwelling units. There shall be at least three different ridgeline heights in each overall structure of attached townhouses, which shall vary by at least three feet. In any overall structure of attached townhouses, no more than two adjacent dwelling units shall have the same setback. Setbacks shall vary by at least eight feet.
(7) 
The monotony of long overall structures of attached townhouses is considerably diminished when such structures are sited on gently rolling lands. In such instances, the Planning Board may approve the construction of overall structures of attached townhouses containing nine or 10 townhouse dwelling units.
G. 
Each development shall provide for the removal of trash and garbage. Storage of trash and garbage shall be subject to Planning Board review and approval.
H. 
Artificial lighting shall be provided along all walks, paths and interior roads and driveways and in all off-street parking areas with sufficient illumination for safety and convenience.
I. 
Affordable units shall be provided in accordance with the following:
(1) 
A developer's agreement is required to establish low/moderate apportionment, very-low-income requirement per N.J.S.A. 52:27D-329.1, bedroom distribution, unit size, etc.
(2) 
The affordable units shall be developed in accordance with the Council on Affordable Housing's (COAH's) regulations at N.J.A.C. 5:93[3] and the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., which govern the administration and affordability controls of affordable units in New Jersey, with one exception. The exception is for 13% very-low-income housing at 30% of the regional median income instead of the UHAC requirement of 10% very-low-income housing at 35% of the regional median income.
[3]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
(3) 
At least 13% of the units shall be affordable to very-low-income households, 37% of the units shall be affordable to low-income households, and 50% of the units may be affordable to moderate-income households. An odd number shall be split in favor of the low-income unit.
(4) 
In addition to addressing the requirements of COAH and UHAC noted above, the affordable units shall be developed in accordance with the following:
(a) 
The affordable units cannot be age-restricted units:
(b) 
The bedroom distribution requirements pursuant to N.J.A.C. 5:93-7.3[4] and N.J.A.C. 5:80-26.3(b).
[4]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
(c) 
The unit distribution requirements pursuant to N.J.A.C. 5:80-26.3.[5]
[5]
Former Subsection I(4)(d), regarding very-low-income distribution requirements, which immediately followed this subsection, was repealed 11-20-2018 by Ord. No. 18-030. This ordinance also renumbered former Subsection I(4)(e) through (g) as Subsection I(4)(d) through (f).
(d) 
The length of controls requirement and deed restrictions pursuant to N.J.A.C. 5:80-26.11, except that the length of the control period may be limited to 45 years.
(e) 
The phasing requirements pursuant to N.J.A.C. 5:93-5.6(d).[6]
[6]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
(f) 
The accessibility and adaptability requirements pursuant to N.J.A.C. 5:97-3.14.
J. 
In the Special Housing Zone III, a ground sign shall be permitted for the purpose of identifying a multifamily dwelling project. It shall not exceed 30 square feet in area and not more than one such sign shall be placed on a property unless such property fronts upon more than one street, in which instance a sign may be erected on each frontage. The sign shall not exceed the height of six feet and shall not be located within 10 feet of a right-of-way line, parking area or driveway and shall in no way interfere with the safe function of any traffic control signal or directional device nor be located within an intersection sight triangle easement.
[Amended 7-16-2019 by Ord. No. 19-031]
[Added 6-1-2021 by Ord. No. 21-029]
A. 
Purpose. The purpose of this section is to encourage the continued provision of outdoor dining areas as accessory uses in conjunction with permitted restaurants in order to provide a safe and unique environment for enjoyable food consumption and social interaction. At the same time, regulations are specifically required for outdoor dining areas to control and ameliorate the potential impact of such areas in adjacent uses, particularly adjacent residential uses, and to protect the public, health, safety and welfare of residents of the Township.
B. 
Where permitted. Outdoor dining areas shall be permitted as accessory uses to restaurants in all zones with the express exclusion of the Rural Resource Conservation (RRC) Zone.
C. 
General requirements.
(1) 
Outdoor dining uses or outdoor dining areas shall be permitted as accessory uses only in conjunction with a permitted restaurant. The restaurant and its outdoor dining area shall be in compliance with and subject to all federal, state and Township laws, codes and regulations, including but not limited to the Americans with Disabilities Act,[1] any and all state and local health codes, and the Alcoholic Beverage Control (ABC) regulations. All outdoor dining areas shall be in compliance with UCC life and safety codes and regulations and subject to inspection therefor.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(2) 
The outdoor dining area and associated structures may be located within a required front, side and/or rear yard areas. Encroachment upon a Township right-of-way shall not be permitted.
(3) 
In the event that the outdoor dining extends to an area(s) belonging to another space in the same building or an adjacent property, the licensee shall obtain the written permission of the owner(s) and/or tenant(s), if any, of the building or space abutting any additional area(s).
(4) 
No exterior lighting that illuminates beyond the boundaries of the property or the outdoor dining areas in excess of 1/2 footcandle shall be permitted.
(5) 
No signs other than a menu board shall be permitted outside the restaurant. Not more than one menu board shall be allowed for each outdoor dining use. The menu board shall not exceed four square feet. The menu board shall be attached to the abutting building. All signage including the menu board ad signage on awnings, canopies and umbrellas and other fixtures, shall be in compliance with Township codes regulating signage.
(6) 
The outdoor dining area, including the area extending from the outdoor dining area to the street and/or parking area, shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day.
(7) 
Patrons may not be seated in the outdoor dining area prior to 7:00 a.m. or remain seated in the outdoor dining area after 10:00 p.m. on Sunday through Thursday nights and 11:00 p.m. on Friday and Saturday nights.
(8) 
No food preparation shall be allowed within the outdoor dining area. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the outdoor dining area.
(9) 
Tables and chairs shall not be placed within four feet of fire hydrants or counter service windows, or within two feet of any building entrances and/or exits.
(10) 
The operations or activities within the outdoor dining areas shall not create undue noise, glare, littering, loitering, disorderliness or other such nuisance so as to be a detriment to adjacent businesses or residents living within 200 feet of the outdoor dining area. A violation of any Township ordinance shall subject both the patron and restaurant to violations and may be cause for revocation of the outdoor dining use.
(11) 
Parking and seating capacity.
(a) 
In computing the number of off-street parking spaces required for restaurants with outdoor seating areas, the outdoor seating capacity shall be added to the indoor seating capacity for the total number required. There shall be no increase in total seating capacity of the restaurant when including the outdoor seating capacity. A portion of the indoor seating capacity shall only be relocated to the outdoor dining area.
(b) 
For currently existing and permitted restaurants at the time of the adoption of this chapter who, as a result of the 2020/2021 COVID-19 pandemic, temporarily provided outdoor dining areas by removing off-street parking spaces, for the purposes of this chapter, the Township parking standards may be waived to accommodate the continuation and permanence of the outdoor dining in the same area, upon a showing that alternate parking is available and there are no negative impacts in consultation with the Township Police Division.
(c) 
For those restaurants whose site plans have not yet been approved at the time of the adoption of this chapter, during site plan approval, the determination of required off-street parking spaces shall consider the total indoor and outdoor seating capacity and availability of alternative parking availability.
(12) 
The perimeter around the outdoor dining areas must be delineated with permanent and nonpermanent fixtures such as bollards, fixtures such as fencing, railings, potted plants, decorative chains, or other approved fixtures. All anchoring of fixtures must meet all applicable local, state and federal codes, ordinances and laws. Such area shall be suitably landscaped and screened as appropriate to block noise, glare, lighting and other potential impacts from adjoining properties and from vehicular movement.
(13) 
Review and approval process. For those restaurants whose site plans have not yet been approved at the time of the adoption of this chapter, an application for an outdoor dining area shall be reviewed as part of the site plan approval process, subject to the requirements of this section. For currently existing and permitted restaurants at the time of the adoption of this chapter, providing that all requirements of this chapter are met, an application for the permanent extension of their permitted premises to include an outdoor dining area shall be subject to administrative review and determination in consultation with Township professionals. The supplemental administrative site plan submission requirements are as follows:
(a) 
Name, address, and general description of all uses within 200 feet;
(b) 
A survey (drawn to scale) showing the layout and dimensions of the outdoor dining area. The survey shall include the proposed location, size and number of tables, chairs, host/hostess station, server station(s) if any, steps, umbrellas, awnings, canopies, location of doorways, lighting, electric outlets, trees, signs and menu board, benches, trash receptacles, railings, traffic safety measures, decorative chains and any other fixture, structure or obstruction, either existing or proposed, within the outdoor dining area; and
(c) 
If any table, railing, awning, canopy, deck, column or any other fixture is to permanently anchored, such information shall be shown on the drawing.
(14) 
Appeal. Should the administrative review of the application of an existing restaurant at the time of the adoption of this section be denied, the applicant shall have the right to appeal to the Zoning Board of Adjustment.
[Added 11-14-2022 by Ord. No. 22-046]
A. 
Purpose; location.
(1) 
The purpose of the Mixed-Use Overlay I is to provide an alternative development scheme for certain lands within the limits of the RD Research Development Zone that complements adjacent corporate office/research, multifamily residential and related retail business use; advances principles of smart growth; encourages better movement and transportation of Township residents and employees; promotes pedestrian connectivity; amenitizes and strengthens the Township's economic base; and affirmatively responds to the needs of corporate office/research users in the district.
(2) 
The overlay zone encompasses Map 289, Block 2610, Lots 27.01 and 27.02, on the official Tax Maps of Hamilton Township. Lands subject to the overlay zone may be developed in accordance with existing RD Research Development regulations or, alternatively, they may be developed in accordance with the standards for mixed-use development set forth below.
B. 
Required components. Mixed-use development shall contain the following:
(1) 
An office/research component consisting of one or more buildings on Block 2610, Lot 27.01.
(2) 
A multifamily residential component consisting of one or more multifamily residential buildings on Block 2610, Lot 27.02, together with associated amenities and services customarily incidental to such use, including but not limited to a clubhouse, tennis courts, swimming pool, playgrounds and walking trails.
C. 
Development standards for the office/research component. Development shall be in accordance with the requirements for the RD Research and Development District as established under Chapter 550, Land Development, unless otherwise superseded by this section.
D. 
Development standards for the multifamily residential component on Block 2610, Lot 27.02.
(1) 
Maximum building height: four stories, 60 feet for principal buildings. Accessory buildings shall not exceed 20 feet.
(2) 
Maximum impervious surface coverage: 40%.
(3) 
Minimum setback of a principal building to an adjacent lot line: 75 feet.
(4) 
Minimum setback of an off-street parking area to an adjacent lot line: 25 feet.
(5) 
Minimum setback of an accessory building to an adjacent lot line: 25 feet.
(6) 
No multifamily residential building shall be located within 750 feet of the right-of-way of Klockner Road.
(7) 
The total number of multifamily residential units within the residential component shall be less than six units per gross acre.
(8) 
Parking for multifamily use shall comply with the requirements of the New Jersey Residential Site Improvement Standards (RSIS).
(9) 
All multifamily residential units shall be limited to studio, one- or two-bedroom units.
(10) 
The minimum distance between multifamily residential buildings shall be 20 feet, except that the average distance shall be no less than 50 feet.
(11) 
A ground sign shall be permitted for the purpose of identifying a multifamily residential development. The sign shall not exceed 30 square feet in area and shall not be located closer than 10 feet from the right-of-way of Klockner Road. The maximum height of the ground sign shall be six feet.
E. 
Development standards applicable to the overlay zone generally.
(1) 
There shall be a minimum ten-foot landscape buffer along either or both sides of the shared lot line separating the office/research and multifamily residential components, except that internal access drives connecting the two components are permitted to traverse said buffer.
(2) 
The multifamily component shall not be required to provide a separate access to a public street (i.e., Klockner Road) but shall instead rely upon a common driveway extending through the office/research component via a shared access arrangement. The right to such access shall be established via an easement recorded in the Mercer County Clerk's Office or otherwise as provided by law.
F. 
Architectural standards for the multifamily residential component on Block 2610, Lot 27.02.
(1) 
Building exteriors shall have vertical and/or horizontal offsets to create visual breaks on the exterior.
(2) 
A variety of building heights is encouraged in a single development.
(3) 
The exteriors of all buildings in the development, including accessory buildings, shall conform architecturally and be constructed of materials of like character.
(4) 
Each building and combined complex of units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building or orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination, for each unit.