A.
L: Lake District. The purpose of this district is to recognize the location of Budd Lake on the Zoning Map and to provide zoning which recognizes the unique issues which arise with respect to lakefront properties and to protect the environs of the lake and shoreline.
B.
Public/Conservation District. By creating this district, this chapter provides a more accurate representation on the Zoning Map of the parcels which are under public control or are otherwise not subject to conventional development pressures, such as deed-restricted lands under the control of a homeowners' association. A small amount of the land included within this district is in private ownership, and to the extent development is to occur on those lands it shall be in conformity with the lowest density residential district in the Township, the RR-AA District.
(2)
Permitted accessory uses shall be as follows:
(a)
Private garages.
(b)
Tennis courts with detached dwellings.
(c)
Private residential swimming pools with detached dwellings.
(d)
Other uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.
(3)
Conditional uses shall be as follows:
(a)
Houses of worship; schools offering academic instruction with curricula approved by the State of New Jersey; cemeteries and golf courses.[1]
[Amended 10-28-2014 by Ord. No. 22-2014]
(b)
Utility structures, including commercial radio and communications towers, and facilities needed to provide the direct service of the utility to the consumers such as transformers and pumping stations, but excluding warehouses, repair and maintenance garages, offices, storage yards and similar commercial and industrial-oriented facilities.[2]
(c)
Home occupations, in accordance with the definition set forth in this chapter.
(d)
Campgrounds with minimum ten-acre lots.
(4)
Conditional use standards. The following standards shall apply, in addition to those set forth in § 550-14 on conditional uses, guiding principles and standards.
(a)
The structural height limitations in the RR-AA District shall not be exceeded unless buffered from surrounding residential uses; however, a height of 1.5 multiplied by the permitted height shall be the maximum height of any church. Radio and communications towers shall be subject to the standards contained in Subsection B(4)(i) of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
All building setback lines for the zoning district shall apply. Lot and building coverage standards set forth in this chapter shall not apply.
(c)
All parking and loading requirements of this chapter shall be met.
(d)
No conditional use shall be erected on a lot smaller than that permitted in the zoning district. The lot shall be of sufficient size in order that the proposed use can comply with all the zoning requirements for the use, such as parking, setbacks and buffer areas.
(e)
Architectural design of the structure (all elevation views) shall be in keeping with the neighborhood character. Projections such as, but not limited to, water cooling towers, air conditioners and other mechanical equipment shall be designed in such a manner that they will form an integral part of the building.
(f)
No conditional use, except home occupations and radio and communications towers, shall be permitted unless such use has frontage on a major arterial or collector road as shown in the Mount Olive Township Master Plan.
(g)
No conditional use may be erected unless adequate buffering and screening is planted to effectively screen the use from adjoining residential uses.
(h)
Campgrounds shall meet the standards set forth in Chapter XI, Campgrounds, of the New Jersey Sanitary Code, in addition to the standards set forth in this chapter regulating campgrounds.
(i)
For communications towers for radio, pager and cellular phone transmission, the minimum lot area of the district shall apply. The maximum height of a tower, excluding antenna(s) shall be 150 feet. A minimum distance equal to twice the height of the tower shall be maintained between the base of the tower and a residential district or residential use. All equipment buildings/structures must be screened with year-round landscaping, berms, fencing or suitable materials subject to the approving authority.
(5)
Bulk regulations shall be as follows:
(a)
The bulk regulations of the RR-AA District shall apply.
(b)
Site disturbance shall be adjusted in accordance with the requirements of § 550-39, Critical areas, of this chapter.
(c)
See attached Schedule of Limitations.[3]
[3]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
C.
RR-AA: Rural Residential District. The purpose of this district is to recognize and preserve the predominant rural, agricultural and low-density residential pattern of development largely brought about by an absence of public sewer and water services and the presence of environmental constraints such as steep slopes, wetlands and floodplains.
(2)
Permitted accessory uses shall be as follows:
(a)
Customary farm buildings.
(b)
Accessory dwellings for domestic or household employees or farm workers, provided that each such dwelling unit shall comply in every respect with the statutes of the State of New Jersey and the rules and regulations of the New Jersey State Department of Health concerning farm labor housing.
(c)
Roadside farm stands for the sale of farm products grown or raised on the premises by the owner or operator of the farm, with a limit of one stand per farm, and provided that such stand shall be set back a minimum of 20 feet from the street line, and provided, further, that no less than 50% of the products sold at the stand shall have been grown or raised on the premises by the owner or operator of the farm.
(d)
Private garages.
(e)
Tennis courts with detached dwellings.
(f)
Private residential swimming pools with detached dwellings.
(g)
Other uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.
(3)
Conditional uses shall be as follows:
(a)
Houses of worship; schools offering academic instruction with curricula approved by the State of New Jersey.[4]
[Amended 10-28-2014 by Ord. No. 22-2014]
(b)
Utility structures and facilities needed to provide the direct service of the utility to the consumers such as transformers and pumping stations, but excluding commercial radio and communications towers, warehouses, repair and maintenance garages, offices, storage yards and similar commercial and industrial-oriented facilities.[5]
(d)
Accessory apartment as defined in § 550-5 and subject to the conditional use standards in § 550-101C(6).
[Added 10-22-2013 by Ord. No. 25-2013]
(4)
Conditional use standards. The following standards shall apply, in addition to those set forth in § 550-14 on conditional uses, guiding principles and standards.
(a)
The structural height limitations in the RR-AA District shall not be exceeded unless buffered from surrounding residential uses; however, a height of 1.5 multiplied by the permitted height shall be the maximum height of any church.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
All building setback lines for the zoning district shall apply. Lot and building coverage standards set forth in this chapter shall not apply.
(c)
All parking and loading requirements of this chapter shall be met.
(d)
No conditional use shall be erected on a lot smaller than that permitted in the zoning district. The lot shall be of sufficient size in order that the proposed use can comply with all the zoning requirements for the use, such as parking, setbacks and buffer areas.
(e)
Architectural design of the structure (all elevation views) shall be in keeping with the neighborhood character. Projections such as, but not limited, to water cooling towers, air conditioners and other mechanical equipment shall be designed in such a manner that they will form an integral part of the building.
(f)
No conditional use, except home occupations, shall be permitted unless such use has frontage on a major arterial or collector road as shown in the Mount Olive Township Master Plan.
(5)
Bulk regulations shall be as follows:
(a)
The maximum overall residential density shall not exceed one dwelling unit for every five acres except for affordable accessory apartments approved as a conditional use in accordance with the standards established in this chapter.
[Amended 10-22-2013 by Ord. No. 25-2013; 10-28-2014 by Ord. No. 22-2014]
(b)
In cluster developments, the minimum tract size to permit clustering shall be 15 acres, and all units shall be detached dwellings. A minimum of 50% of the tract shall be set aside for open space as common property and/or offered to the Township for public purposes. The minimum amount of open space shall be equal to that required for the applicable zone district as stated in § 550-101 of this chapter. Land utilized for street rights-of-way shall not be included in the open space requirements. No more than 25% of the required open space may be encumbered by freshwater wetlands or slopes in excess of 25%. No portion of the required open space shall be improved with detention or retention basins, water storage towers and/or sanitary sewage treatment facilities. The required open space shall not include any portion of a building lot or lots to meet the minimum standard, even though a portion of the building lot or lots may include a conservation easement, critical areas or such other restrictions which limit development on the lot or lots.
[Amended 3-23-1999 by Ord. No. 7-99; 11-9-2004 by Ord. No. 34-2004]
(c)
All open spaces, whether common property or offered to the Township, and all land offered to the Township, shall be usable for the intended purpose; have public street, pedestrian and bikeway access from at least two directions with appropriate parking facilities; and be located to conform to an overall plan for open spaces, floodplain preservation, recreation areas and public uses on adjoining tracts where such places exist.
(d)
Site disturbance shall be adjusted in accordance with the requirements of § 550-39, Critical areas, of this chapter.
(e)
See attached Schedule of Limitations.[8]
[8]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
(f)
A through lot, as defined in this chapter, containing a single-family home shall be permitted to locate an accessory structure to the rear of the dwelling in accordance with the applicable standards for side and rear yard setbacks for the purpose of securing a zoning permit.
[Added 2-28-2017 by Ord. No. 6-2017]
(6)
Conditional use standards for accessory apartments shall be as follows:
[Added 10-22-2013 by Ord. No. 25-2013]
(a)
Occupancy of accessory apartments shall be restricted to low- or moderate-income households within Housing Region 2 as defined in N.J.A.C. 5:96-1.3 and pursuant to the regulations established in N.J.A.C. 5:97-6.8 and in accordance with the standards set forth in the Mount Olive Accessory Apartment Operating Manual.
(b)
Compliance with the requirements set forth in the Mount Olive Accessory Apartment Operating Manual, including but not limited to affirmative marketing, determination of initial rent and subsequent rent increases, tenant selection and affirmative marketing.
(c)
An accessory apartment shall only be permitted on a lot conforming to the zone district minimum acreage requirements and only within an existing principal or accessory building in compliance with the RR-AA zoning requirements.
(d)
Accessory apartments shall only be permitted on properties where the primary dwelling is owner-occupied.
(e)
Each accessory apartment shall have an affordability control in place for a period not less than 10 years, which shall commence on the date of the issuance of a certificate of occupancy, in a form acceptable to the Township Attorney and filed with the appropriate Township and county offices.
(f)
Compliance with the off-street parking requirements of the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.)
(g)
The accessory apartment shall be designed with a separate and independent ingress and egress apart from the primary residence subject to all state and Township code requirements.
(h)
Compliance with state and Township requirements for provision of potable water and sanitary waste disposal.
(i)
The minimum gross floor area for each accessory apartment shall consist of at least 400 square feet.
(j)
The total number of accessory apartments shall not exceed the permitted number of affordable accessory units as established in the Township's third-round Housing Element and Fair Share Plan and Spending Plan and shall be subject to availability of funds in the Township's Affordable Housing Trust Fund. As of the date of this Ord. No. 25-2013, the limit for said units shall be 16 cumulatively in the RR-AA and RR-A Zone Districts.
D.
RR-A: Rural Residential District. The purpose of this district is to recognize and preserve the predominant rural, agricultural and low density residential pattern of development largely brought about by an absence of public sewer and water services.
(2)
Permitted accessory uses shall be as follows:
(a)
Customary farm buildings.
(b)
Accessory dwellings for domestic or household employees or farm workers, provided that each such dwelling unit shall comply in every respect with the statutes of the State of New Jersey and the rules and regulations of the New Jersey State Department of Health concerning farm labor housing.
(c)
Roadside farm stands for the sale of farm products grown or raised on the premises by the owner or operator of the farm, with a limit of one stand per farm, and provided that such stand shall be set back a minimum of 20 feet from the street line, and provided, further, that no less than 50% of the products sold at the stand shall have been grown or raised on the premises by the owner or operator of the farm.
(d)
Private garages.
(e)
Tennis courts with detached dwellings.
(f)
Private residential swimming pools with detached dwellings.
(g)
Other uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.
(3)
Conditional uses shall be as follows:
(a)
Houses of worship; schools offering academic instruction with curricula approved by the State of New Jersey.[9]
[Amended 10-28-2014 by Ord. No. 22-2014]
(b)
Utility structures and facilities needed to provide the direct service of the utility to the consumers such as transformers and pumping stations, but excluding commercial radio and communications towers, warehouses, repair and maintenance garages, offices, storage yards and similar commercial and industrial-oriented facilities.[10]
(d)
Accessory apartment as defined in § 550-5 and subject to the conditional use standards in § 550-101D(6).
[Added 10-22-2013 by Ord. No. 25-2013]
(4)
Conditional use standards. The following standards shall apply, in addition to those set forth in § 550-14 on conditional uses, guiding principles and standards.
(a)
The structural height limitations of this district shall not be exceeded unless buffered from surrounding residential uses; however, a height of 1.5 multiplied by the permitted height shall be the maximum height of any church.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
All building setback lines for the zoning district shall apply. Lot and building coverage standards set forth in this chapter shall not apply.
(c)
All parking and loading requirements of this chapter shall be met.
(d)
No conditional use shall be erected on a lot smaller than that permitted in the zoning district. The lot shall be of sufficient size in order that the proposed use can comply with all the zoning requirements for the use, such as parking, setbacks and buffer areas.
(e)
Architectural design of the structure (all elevation views) shall be in keeping with the neighborhood character. Projections such as, but not limited to, water cooling towers, air conditioners and other mechanical equipment shall be designed in such a manner that they will form an integral part of the building.
(f)
No conditional use, except home occupations, shall be permitted unless such use has frontage on a major arterial or collector road as shown in the Mount Olive Township Master Plan.
(5)
Bulk regulations shall be as follows:
(a)
The maximum overall residential density shall not exceed one dwelling unit for every three acres except for affordable accessory apartments approved as a conditional use in accordance with the standards established in this chapter.
[Amended 10-22-2013 by Ord. No. 25-2013; 10-28-2014 by Ord. No. 22-2014]
(b)
In cluster developments, the minimum tract size to permit clustering shall be 15 acres, and all units shall be detached dwellings. A minimum of 50% of the tract shall be set aside for open space as common property and/or offered to the Township for public purposes. The minimum amount of open space shall be equal to that required for the applicable zone district as stated in § 550-101 of this chapter. Land utilized for street rights-of-way shall not be included in the open space requirements. No more than 25% of the required open space may be encumbered by freshwater wetlands or slopes in excess of 25%. No portion of the required open space shall be improved with detention or retention basins, water storage towers and/or sanitary sewage treatment facilities. The required open space shall not include any portion of a building lot or lots to meet the minimum standard, even though a portion of the building lot or lots may include a conservation easement, critical areas or such other restrictions which limit development on the lot or lots.
[Amended 3-23-1999 by Ord. No. 7-99; 11-9-2004 by Ord. No. 34-2004]
(c)
All open spaces, whether common property or offered to the Township, and all land offered to the Township, shall be usable for the intended purpose; have public street, pedestrian and bikeway access from at least two directions with appropriate parking facilities; and be located to conform to an overall plan for open spaces, floodplain preservation, recreation areas and public uses on adjoining tracts where such places exist.
(d)
Site disturbance shall be adjusted in accordance with the requirements of § 550-39, Critical areas, of this chapter.
(e)
See attached Schedule of Limitations.[13]
[13]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
(f)
A through lot, as defined in this chapter, containing a single-family home shall be permitted to locate an accessory structure to the rear of the dwelling in accordance with the applicable standards for side and rear yard setbacks for the purpose of securing a zoning permit.
[Added 2-28-2017 by Ord. No. 6-2017]
(6)
Conditional use standards for accessory apartments shall be as follows:
[Added 10-22-2013 by Ord. No. 25-2013]
(a)
Occupancy of accessory apartments shall be restricted to low- or moderate-income households within Housing Region 2 as defined in N.J.A.C. 5:96-1.3 and pursuant to the regulations established in N.J.A.C. 5:97-6.8 and in accordance with the standards set forth in the Mount Olive Accessory Apartment Operating Manual.
(b)
Compliance with the requirements set forth in the Mount Olive Accessory Apartment Operating Manual, including but not limited to affirmative marketing, determination of initial rent and subsequent rent increases, tenant selection, and affirmative marketing.
(c)
An accessory apartment shall only be permitted on a lot conforming to the zone district minimum acreage requirements and only within an existing principal or accessory building in compliance with the RR-A zoning requirements.
(d)
Accessory apartments shall only be permitted on properties where the primary dwelling is owner-occupied.
(e)
Each accessory apartment shall have an affordability control in place for a period not less than 10 years, which shall commence on the date of the issuance of a certificate of occupancy, in a form acceptable to the Township Attorney and filed with the appropriate Township and county offices.
(f)
Compliance with the off-street parking requirements of the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.)
(g)
The accessory apartment shall be designed with a separate and independent ingress and egress apart from the primary residence subject to all state and Township code requirements.
(h)
Compliance with state and Township requirements for provision of potable water and sanitary waste disposal.
(i)
The minimum gross floor area for each accessory apartment shall consist of at least 400 square feet.
(j)
The total number of accessory apartments shall not exceed the permitted number of affordable accessory units as established in the Township's third-round Housing Element and Fair Share Plan and Spending Plan and shall be subject to availability of funds in the Township's Affordable Housing Trust Fund. As of the date of this Ord. No. 25-2013, the limit for said units shall be 16 cumulatively in the RR-AA and RR-A Zone Districts.
E.
R-1: Residential District. The purpose of this district is to provide for low-density single-family detached development.
(2)
Permitted accessory uses shall be as follows:
(a)
Private garages.
(b)
Parking areas.
(c)
Tennis courts with detached dwellings.
(d)
Private residential swimming pools with detached dwellings.
(e)
Other uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.
(3)
Conditional uses shall be as follows:
(a)
Houses of worship; schools offering academic instruction with curricula approved by the State of New Jersey.[14]
[Amended 10-28-2014 by Ord. No. 22-2014]
(b)
Utility structures and facilities needed to provide the direct service of the utility to the consumers such as transformers and pumping stations, but excluding commercial radio and communications towers, warehouses, repair and maintenance garages, offices, storage yards and similar commercial and industrial-oriented facilities.[15]
[15]
Editor's Note: Original Subsection E(3)(d), regarding club pools and associated recreation areas with minimum five-acre lots, of the 1990 Code, which immediately followed, was repealed 10-28-2014 by Ord. No. 22-2014.
(c)
Home occupations, in accordance with the definition set forth in this chapter.
(4)
Conditional use standards. The standards applying to conditional uses in the RR-A Zone shall apply in addition to those set forth in § 550-14 on conditional uses, guiding principles and standards.
(5)
Bulk regulations shall be as follows:
(a)
Site disturbance shall be adjusted in accordance with the requirements of § 550-39, Critical areas, of this chapter.
(b)
See attached Schedule of Limitations.[16]
[16]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
(c)
A through lot, as defined in this chapter, containing a single-family home shall be permitted to locate an accessory structure to the rear of the dwelling in accordance with the applicable standards for side and rear yard setbacks for the purpose of securing a zoning permit.
[Added 2-28-2017 by Ord. No. 6-2017]
F.
R-2 Residential District. The purpose of this district is to provide for medium-density single-family detached development, with some attached and two-family housing permitted in cluster developments in areas which have sanitary sewers and public water.
(1)
Permitted principal uses shall be as follows:
(2)
Permitted accessory uses shall be as follows:
(a)
Private garages.
(b)
Parking areas.
(c)
Tennis courts with detached dwellings.
(d)
Private residential swimming pools with detached dwellings.
(e)
Other uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.
(3)
Conditional uses shall be as follows:
(a)
Houses of worship; schools offering academic instruction with curricula approved by the State of New Jersey.[18]
[Amended 10-28-2014 by Ord. No. 22-2014]
(b)
Utility structures and facilities needed to provide the direct service of the utility to the consumers such as transformers and pumping stations, but excluding commercial radio and communications towers, warehouses, repair and maintenance garages, offices, storage yards and similar commercial and industrial-oriented facilities.[19]
[19]
Editor's Note: Original Subsection F(3)(d), regarding club pools and associated recreation areas with minimum five-acre lots, of the 1990 Code, which immediately followed, was repealed 10-28-2014 by Ord. No. 22-2014.
(c)
Home occupations, in accordance with the definition set forth in this chapter.
(4)
Conditional use standards. The standards applying to conditional uses in the RR-A Zone shall apply in addition to those set forth in § 550-14 on conditional uses, guiding principles and standards.
(5)
Bulk regulations shall be as follows:
(a)
The maximum overall residential density shall not exceed two dwelling units for every acre.
(b)
In cluster developments, the minimum tract size to permit clustering shall be 15 acres, and a minimum of 60% of the units shall be detached dwellings. The balance would be as set forth in § 550-101F(1) on permitted principal uses in the R-2 Zone. In order for cluster development to be permitted, public sewer and water systems must be provided. A minimum of 50% of the tract shall be set aside for open space as common property and/or offered to the Township for public purposes. The minimum amount of open space shall be equal to that required for the applicable zone district as stated in § 550-101 of this chapter. Land utilized for street rights-of-way shall not be included in the open space requirements. No more than 25% of the required open space may be encumbered by freshwater wetlands or slopes in excess of 25%. No portion of the required open space shall be improved with detention or retention basins, water storage towers and/or sanitary sewage treatment facilities. The required open space shall not include any portion of a building lot or lots to meet the minimum standard, even though a portion of the building lot or lots may include a conservation easement, critical areas or such other restrictions which limit development on the lot or lots.
[Amended 3-23-1999 by Ord. No. 7-99; 11-9-2004 by Ord. No. 34-2004]
(c)
All open spaces, whether common property or offered to the Township, and all land offered to the Township, shall be usable for the intended purpose; have public street, pedestrian and bikeway access from at least two directions with appropriate parking facilities; and be located to conform to an overall plan for open spaces, floodplain preservation, recreation areas and public uses on adjoining tracts where such places exist.
(d)
Site disturbance shall be adjusted in accordance with the requirements of § 550-39, Critical areas, of this chapter.
(e)
Developments excluding cluster developments or individual lots not served by central sewers as approved by the NJDEP should not be less than one acre in lot area and shall conform to the bulk requirements for the zone in which it is located with the exception of lot area.
(f)
See attached Schedule of Limitations.[20]
[20]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
(g)
A through lot, as defined in this chapter, containing a single-family home shall be permitted to locate an accessory structure to the rear of the dwelling in accordance with the applicable standards for side and rear yard setbacks for the purpose of securing a zoning permit.
[Added 2-28-2017 by Ord. No. 6-2017]
G.
R-3 Residential District. The purpose of this district is to provide for medium-density single-family and planned residential development.
(1)
Permitted principal uses shall be as follows:
(2)
Permitted accessory uses shall be as follows:
(a)
Private garages.
(b)
Parking areas.
(c)
Tennis courts with detached dwellings.
(d)
Private residential swimming pools with detached dwellings.
(e)
Other uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.
(3)
Conditional uses shall be as follows:
(a)
Houses of worship; schools offering academic instruction with curricula approved by the State of New Jersey.[22]
[Amended 10-28-2014 by Ord. No. 22-2014]
(b)
Utility structures and facilities needed to provide the direct service of the utility to the consumers such as transformers and pumping stations, but excluding commercial radio and communication towers, warehouses, repair and maintenance garages, offices, storage yards and similar commercial and industrial-oriented facilities.[23]
[23]
Editor's Note: Original Subsection G(3)(d), regarding club pools and associated recreation areas with minimum five-acre lots, of the 1990 Code, which immediately followed, was repealed 10-28-2014 by Ord. No. 22-2014.
(4)
Conditional use standards. The standards applying to conditional uses in the RR-A Zone shall apply in addition to those set forth in § 550-14 on conditional uses, guiding principles and standards.
(5)
Bulk regulations shall be as follows:
(a)
The maximum overall residential density shall not exceed three dwelling units for every acre.
(b)
In cluster developments, the minimum tract size to permit clustering shall be 10 acres, and a minimum of 40% of the units shall be detached dwellings. The balance would be as set forth in § 550-101G(l) on permitted principal uses in the R-3 Zone. In order for cluster development to be permitted, public sewer and water systems must be provided. A minimum of 50% of the tract shall be set aside for open space as common property and/or offered to the Township for public purposes. The minimum amount of open space shall be equal to that required for the applicable zone district as stated in § 550-101 of this chapter. Land utilized for street rights-of-way shall not be included in the open space requirements. No more than 25% of the required open space may be encumbered by freshwater wetlands or slopes in excess of 25%. No portion of the required open space shall be improved with detention or retention basins, water storage towers and/or sanitary sewage treatment facilities. The required open space shall not include any portion of a building lot or lots to meet the minimum standard, even though a portion of the building lot or lots may include a conservation easement, critical areas or such other restrictions which limit development on the lot or lots.
[Amended 3-23-1999 by Ord. No. 7-99; 11-9-2004 by Ord. No. 34-2004]
(c)
All open spaces, whether common property or offered to the Township, and all land offered to the Township, shall be usable for the intended purpose; have public street, pedestrian and bikeway access from at least two directions with appropriate parking facilities; and be located to conform to an overall plan for open spaces, floodplain preservation, recreation areas and public uses on adjoining tracts where such places exist.
(d)
Site disturbance shall be adjusted in accordance with the requirements of § 550-39, Critical areas, of this chapter.
(e)
Developments excluding cluster developments or individual lots not served by central sewers as approved by the NJDEP should not be less than one acre in lot area and shall conform to the bulk requirements for the zone in which it is located with the exception of lot area.
(f)
See attached schedule of Limitations.[25]
[25]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
(g)
A through lot, as defined in this chapter, containing a single-family home shall be permitted to locate an accessory structure to the rear of the dwelling in accordance with the applicable standards for side and rear yard setbacks for the purpose of securing a zoning permit.
[Added 2-28-2017 by Ord. No. 6-2017]
H.
R-3SC: Senior Citizen Housing District. The purpose of this district is to provide for senior citizen housing with appropriate affordability controls in accordance with agreements reached in settlement of litigation.
I.
R-4: Residential District. The purpose of this district is to recognize the existing pattern of single family detached development in the Budd Lake and Clover Hill sections of the Township and to provide for infill development of single-family and other housing configurations where appropriate.
(2)
Permitted accessory uses shall be as follows:
(a)
Private garages.
(b)
Parking areas.
(c)
Tennis courts with detached dwellings.
(d)
Private residential swimming pools with detached dwellings.
(e)
Other uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.
(3)
Conditional uses shall be as follows:
(a)
Houses of worship; schools offering academic instruction, with curricula approved by the State of New Jersey.
[Amended 10-28-2014 by Ord. No. 22-2014]
(b)
Utility structures and facilities needed to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding commercial radio and communications towers, warehouses, repair and maintenance garages, offices, storage yards and similar commercial and industrial-oriented facilities.[26]
(4)
Conditional use standards. The standards applying to conditional uses in the RR-A Zone shall apply in addition to those set forth in § 550-14 on conditional uses, guiding principles and standards.
(5)
Bulk regulations shall be as follows:
(a)
The maximum overall residential density shall not exceed four dwelling units for every acre.
(b)
In cluster developments, the minimum tract size to permit clustering shall be 10 acres. In order for cluster development to be permitted, public sewer and water systems must be provided. A minimum of 50% of the tract shall be set aside for open space as common property and/or offered to the Township for public purposes. The minimum amount of open space shall be equal to that required for the applicable zone district as stated in § 550-101 of this chapter. Land utilized for street rights-of-way shall not be included in the open space requirements. No more than 25% of the required open space may be encumbered by freshwater wetlands or slopes in excess of 25%. No portion of the required open space shall be improved with detention or retention basins, water storage towers and/or sanitary sewage treatment facilities. The required open space shall not include any portion of a building lot or lots to meet the minimum standard, even though a portion of the building lot or lots may include a conservation easement, critical areas or such other restrictions which limit development on the lot or lots.
[Amended 3-23-1999 by Ord. No. 7-99; 11-9-2004 by Ord. No. 34-2004]
(c)
All open spaces, whether common property or offered to the Township, and all land offered to the Township, shall be usable for the intended purpose; shall have public street, pedestrian and bikeway access from at least two directions, with appropriate parking facilities; and shall be located to conform to an overall plan for open spaces, floodplain preservation, recreation areas and public uses on adjoining tracts where such places exist.
(d)
Site disturbance shall be adjusted in accordance with the requirements of § 550-39, Critical areas.
(e)
Developments excluding cluster developments or individual lots not served by central sewers as approved by the New Jersey Department of Environmental Protection should not be less than one acre in lot area and shall conform to the bulk requirements for the zone in which they are located, with the exception of lot area.
(f)
See attached Schedule of Limitations.[28]
[28]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
(g)
A through lot, as defined in this chapter, containing a single-family home shall be permitted to locate an accessory structure to the rear of the dwelling in accordance with the applicable standards for side and rear yard setbacks for the purpose of securing a zoning permit.
[Added 2-28-2017 by Ord. No. 6-2017]
J.
R-5: Residential, Multifamily District. The purpose of this district is to provide zoning which recognizes the existence of established multifamily developments which offer moderate-income housing opportunities.
(2)
Permitted accessory uses shall be as follows:
(3)
Conditional uses shall be as follows:
(a)
Houses of worship; schools offering academic instruction, with curricula approved by the State of New Jersey.
[Amended 10-28-2014 by Ord. No. 22-2014]
(b)
Utility structures and facilities needed to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding commercial radio and communications towers, warehouses, repair and maintenance garages, offices, storage yards and similar commercial and industrial-oriented facilities.[29]
(4)
Conditional use standards. The standards applying to conditional uses in the RR-A Zone shall apply in addition to those set forth in § 550-14 on conditional uses, guiding principles and standards.
(5)
Bulk regulations shall be as follows:
(a)
The maximum overall residential density shall not exceed 12 dwelling units for every acre.
(b)
The minimum tract size to permit apartments, duplexes, semiattached or attached dwellings shall be 10 acres. A minimum of 20% of the tract shall be set aside for open space as common property and/or offered to the Township for public purposes.
(c)
All open spaces, whether common property or offered to the Township, and all land offered to the Township, shall be usable for the intended purpose; shall have public street, pedestrian and bikeway access from at least two directions, with appropriate parking facilities; and shall be located to conform to an overall plan for open spaces, floodplain preservation, recreation areas and public uses on adjoining tracts where such places exist.
(d)
Site disturbance shall be adjusted in accordance with the requirements of § 550-39 of this chapter on critical areas.
(e)
Developments, excluding cluster developments or individual lots not served by central sewers as approved by the New Jersey Department of Environmental Protection, shall be limited to detached dwellings and should not be less than one acre in lot area and shall conform to the bulk requirements for the zone in which they are located with the exception of lot area.
(f)
See attached Schedule of Limitations.[31]
[31]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
K.
R-5ML: Multifamily Residential District. The purpose of this district is to provide for the construction of multiple dwellings and other higher-density housing types, with opportunities provided for housing affordable to families of low- and moderate-income in accordance with the provisions of § 550-86, Affordable housing.
(3)
Conditional uses shall be as follows: none.
(4)
Area, yard and bulk regulations shall be as follows:
(d)
For single-family court homes, the area, yard and bulk regulations the following standards shall apply:
[1]
If the development consists of single-family court homes, the following minimum requirements shall apply:
[a]
Lot area: 4,200 square feet.
[b]
Lot width: 40 feet (measured at minimum front setback line).
[c]
Front yard: 20 feet.
[d]
Rear yard: 25 feet.
[e]
Distance between buildings: 15 feet for walls whose extension intersects the interior motor court; 25 feet for walls whose extension intersects the main loop road.
[2]
Where a unit can have two rear yards, the approving authority may designate one as the official rear yard, with the other being considered a side yard.
[3]
Where a lot has three front yards, two of which are on the internal motor court, the yard on the internal motor court which is most distant from the street which intersects with the internal motor court shall be designated as a side yard.
[4]
Decks attached to the rear wall of the dwelling unit in accordance with the following standards:
[Added 11-9-2004 by Ord. No. 34-2004]
[a]
Maintain a minimum distance of 15 feet to an adjacent building or structure attached thereto or 10 feet to the closest property boundary of subject lot, whichever is less.
[5]
Single-family court homes shall comply with the building option plans for each applicable section for the purpose of determining if a patio, deck, cantilevered fireplace and cantilevered bay window are permitted for all units; to determine the required setback for attached garages for all units; to determine specific living and dining room size for the Ashwood unit type; and to determine the permissibility of a front porch for the Elmwood unit type. The building option plans, prepared by Michael C. Nolan, P.L.S. of the Chester, Ploussas, Lisowsky Partnership and described in Subsections K(4)(d)[5][a] through [f] shall be available for review in the Mount Olive Township Clerk's office and in the office of the Mount Olive Planning Department.
[Added 10-16-2012 by Ord. No. 34-2012]
[a]
Section I-A (Sheet 1 of 1) dated June 1, 1999, revised through January 12, 2012.
[b]
Section I-B (Sheet 1 of 1) dated June 1, 1999, revised through January 12, 2012.
[c]
Section II-A (Sheets 1 and 2) dated April 16, 2001, revised through January 12, 2012.
[d]
Section II-B (Sheet 1 of 1) dated August 21, 2002, revised through January 12, 2012.
[e]
Section III-B (Sheet 1 of 1) dated August 21, 2002, revised through January 12, 2012.
[f]
Section III-C (Sheet 1 of 1) dated August 21, 2002, revised through January 12, 2012.
(5)
Mandatory set-aside and unit mix. At least 1/2 of the low and moderate-income units in any development in the R-5ML Zone shall be affordable to low-income households, and the remaining low- and moderate-income units in any such development shall be affordable to moderate-income households. The number of low- and moderate-income units shall be determined in accordance with the standards set forth in § 550-86D(1) through (7).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
(7)
Streets.
(a)
All development shall be served by paved streets in accordance with the approved subdivision and/or site plan; all such streets shall have adequate drainage.
(b)
Local streets shall be planned so as to discourage through traffic.
L.
R-6: Age-Restricted/Inclusionary Residential District. The purpose of this district is to provide for a new zone district for active adult residential development within an age-restricted residential development as defined in § 550-5 of this chapter and to permit affordable housing for qualified low- and moderate-income households having no restriction with regard to the age of the householder(s) nor prohibition with regard to children under the age of 18 residing within any low- or moderate-income unit in accordance with the standards set forth herein. (Note: The development was approved on a non-age-restricted basis pursuant to P.L. 2009, c. 82, codified as N.J.S.A. 45:22a-46.3 at developer’s request.)
[Added 3-22-2005 by Ord. No. 4-2005; amended 6-26-2007 by Ord. No. 26-2007; 10-27-2009 by Ord. No. 22-2009; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Principal permitted and accessory uses, buildings and structures.
(a)
Principal permitted uses shall be as follows:
[1]
Duplex dwellings.
[2]
Townhouse dwellings not to exceed a maximum of eight units in one overall structure.
[3]
Stacked townhome dwellings not to exceed a maximum of eight units in one overall structure.
[4]
Multiple dwelling unit buildings not to exceed a maximum of 28 residential units per building.
[5]
Antennas for wireless telecommunications services.
(b)
Permitted accessory uses, buildings and structures shall be as follows:
(c)
Conditional uses shall be as follows: none.
(2)
Mandatory affordable housing provision.
(a)
The developer shall provide an affordable housing component to consist of not less than 20% of the total residential units as affordable units to households of low- and moderate-income in accordance with the standards established by the Council on Affordable Housing and as set forth in the § 550-86 of this chapter. The affordable units shall not be restricted by age.
(b)
In the event the affordable units are separate and apart from the market units within a development, they must be designed to be compatible with the overall development, including, but not limited to, architectural compatibility, integration of pedestrian and vehicular circulation networks, and open space accessibility. Recreational and social facilities designed for the age-restrictive units may be exclusive to said units; provided, however, that there are suitable active recreational facilities provided for the affordable units in accordance with the standards set forth in Subsection L(10) herein.
(3)
General development standards.
(a)
Minimum tract area. The minimum tract area for age-restricted development and non-age-restricted affordable housing shall be 40 acres under the ownership or control of a single entity and the subject of a development application.
(b)
Residential density. Residential density shall not exceed six dwelling units per gross acre.
(c)
Site access and minimum tract frontage. The development shall have direct access to a major arterial road as delineated in the Mount Olive Township's 2003 Master Plan's Circulation Element for its primary point of vehicular ingress and egress. The minimum tract frontage on the major arterial road shall be no less than 500 continuous linear feet.
(d)
Infrastructure improvements.
[1]
The approving authority shall reserve the right to require on-tract, off-tract and/or off-site road improvements to ensure safe and efficient ingress and egress to the site. The improvements shall be designed to implement the policy objectives outlined in the Mount Olive Township's 2003 Master Plan's Circulation Element. Specifically, any development within the Age-Restricted Residential Zone District shall provide for ingress and egress to U.S. Highway 46 via the signalized intersection at Old Budd Lake Road. Off-tract improvements shall include, but not be limited to, expansion of the eastbound and westbound lanes of U.S. Highway 46 in the vicinity of the existing traffic light at the Route 46/Village Way/Old Budd Lake Road intersection to provide an exclusive left turn lane eastbound along Route 46 for Village Way and an exclusive right-turn and left-turn westbound along Route 46 for Village Way and Old Budd Lake Road, respectively. Improvements shall also include alignment improvements at the Route 46 intersection including a redesign of the traffic signalization.
[2]
All internal streets shall be designed in accordance with the N.J.A.C. 5:21-1.1 et seq. (Residential Site Improvement Standards).
(e)
Utilities. The development shall be served by a central water and sewerage system. All utility lines shall be installed underground in accordance with § 550-59 of this chapter.
(f)
Maximum building coverage. The maximum building coverage, including principal and accessory buildings and structures, shall not exceed 20% of the gross acreage of the tract.
(g)
Maximum impervious coverage. The maximum impervious coverage for the overall tract shall not exceed 40% of the gross acreage of the tract.
(4)
Setbacks from tract boundaries for principal buildings. The minimum setback for all principal buildings from the major arterial road shall be 200 feet. Minimum setback requirements from all other tract boundaries shall not be less than 100 feet from an adjacent residential zone district or 50 feet from an adjacent nonresidential zone district.
(5)
Setbacks from tract boundaries for accessory buildings and structures. The minimum setback for accessory buildings and structures shall be as follows:
(a)
Community center and all outdoor recreation facilities shall maintain a minimum distance of 200 feet from all tract boundaries, except walking and bicycle trails which may be situate within 50 feet of any tract boundary, subject to Planning Board approval.
(b)
Individual or group mailboxes may be permitted within one foot of the curb.
(d)
A gatehouse shall maintain a minimum distance of 100 feet from the right-of-way of the major arterial road.
(6)
Residential building configuration. All residential buildings shall have frontage upon an internal street. The development may provide one or a combination of the following types of residential structures in accordance with the provisions herein:
(a)
All residential buildings shall maintain a minimum setback of 18 feet from the curbline of any internal street located within the tract boundaries except that the garage entrance shall maintain a minimum distance of 25 feet to the curbline. The Community Center building shall maintain a minimum distance of 25 feet from any internal street.
(b)
The minimum distance between any residential building and the community center shall be 100 feet.
(c)
The minimum distance between residential buildings shall be as follows:
(d)
The maximum height of any residential building shall be no greater than 50 feet.
(7)
Minimum off-street parking requirements.
(a)
The number and design of parking spaces for the residential dwellings shall conform to the requirements of Sections 5:21-4.14 and design standards of 5:21-4.15 and 5:21-4.16 of the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.)
(b)
Off-street parking for the community center shall be provided at a ratio of three parking spaces per 1,000 square feet of gross floor area.
(c)
Duplex, townhouse and stacked townhomes shall provide no more than four driveways between the building and the street and no more than four garage door portals in the front building elevation per building. Front yard driveways and front building elevation garage door portals are prohibited for all multiple dwelling unit buildings.
(8)
Pedestrian circulation network. Sidewalks having a minimum width of four feet shall be provided along both sides of all internal streets. All sidewalks shall be provided with appropriately scaled lighting to ensure public health and safety. Separate walking trails may be permitted as a component of the open space/recreation plan but shall not serve as a substitute for sidewalks.
(9)
Landscaping, street trees, and buffers. A landscape plan, prepared by a licensed landscape architect, shall be required to provide for the following:
(a)
Off-street parking areas shall be screened to provide with year-round landscaping and/or decorative fencing. All screening materials shall be planted/installed at a minimum height of five feet.
(b)
Street trees shall be installed on both sides of all streets planted at a distance not to exceed 40 feet on center. Trees shall be spaced evenly along the street between the curb and sidewalk within a planting strip not less than five feet in width with a second row of trees to be planted along the interior edge of the sidewalk.
(c)
The interior and outer edge of stormwater basins shall be planted with the quantity of trees equal to the number of trees that would be necessary to cover the entire area, based upon a twenty-foot by twenty-foot grid to the high-water line or outflow elevation. Of this number 10% shall be two-and-one-half-inch caliper; 20% shall be one- to two-inch caliper; and 70% shall be six- to eight-foot height whips. The trees shall be planted in groves and spaced five feet to 15 feet on center. The ground plane shall be seeded with a naturalization, wildflower and/or wet meadow grass mix. All woody and herbaceous plants shall be species indigenous to the area and/or tolerant to typical wet/dry floodplain conditions.
(d)
A landscape buffer, consisting of a combination of deciduous trees, conifers, shrubs, berms, and, if appropriate, fences or walls in sufficient quantities and sizes to create a year-round screening shall be provided within a minimum depth of 50 feet along all tract boundaries. An enhanced buffer beyond the minimum standard may be required by the Planning Board if it determines that the minimum requirements are not sufficient to provide adequate protection from the adverse impacts of factors external to the development site, including, but not limited to noise and the visual impact of incompatible land uses.
(10)
Community center and active recreation facilities for low- and moderate-income households. There shall be a minimum of one community center building for market units consisting of at least 20 square feet of gross floor area for each market residential dwelling unit within the development, providing for a range of social and recreational facilities for the residents and their guests which may include, but are not limited to, a kitchen, dining area, offices, recreational and social activity rooms. Active recreational improvements in the form of a tot-lot, playground equipment, basketball court(s) or like facilities shall be provided for the use of the residents of the low- and moderate-income units. Said facilities shall be located within reasonable walking distance via a sidewalk(s) designed to accommodate handicap access to the low- and moderate-income units. The area devoted to the active recreational facilities for the low- and moderate-income units shall consist of not less than 180 square feet per unit.
(11)
Open space. A minimum of 60% of the tract shall be set aside for open space as common property for the benefit of the residents. The open space component of the development shall adhere to the limitations established for all residential districts as set forth in this chapter, including, but not limited to, the exclusion of freshwater wetlands, steep slopes, and stormwater facilities. Active and passive recreation facilities, excluding the community center, recreational facilities associated with the low- and moderate-income housing units, and off-street parking facilities, may be permitted to occupy no more than 25% of the open space acreage if the Planning Board determines that the remaining open space provides for the maximum amount of contiguous acreage practicable.
(12)
Development signs. Development signs may be permitted subject to the following standards, notwithstanding § 550-95B(1) of this chapter.
(a)
The development identification signs shall be limited to a monument sign as defined in § 550-5 of this chapter. The maximum height of the entire monument sign structure shall not exceed 12 feet from grade. The maximum sign area shall not exceed 30 square feet. No part of the sign shall have internal illumination. The location for the development signs shall maintain a minimum setback of 50 feet from the major arterial road and 20 feet from a local street.
(b)
A maximum of three directional signs may be permitted within the development. The maximum sign area per sign shall not exceed four square feet and the sign shall not exceed a mounting height of six feet. Directional signs shall have no internal or external means of illumination. Directional signs shall be limited to the common areas and shall not be located in any public right-of-way. The location shall be subject to Planning Board approval.
(13)
Trash storage areas. Trash and recycling receptacles shall be stored internally within all residential buildings and the community center building except for the time period necessary to make such containers available for collection. The Planning Board may permit trash and recycling receptacles for residential buildings to be located outside the building(s), provided that suitable enclosures are provided to completely screen such receptacles from view. Screening materials may include solid wood or synthetic material, brick or solid block. Chain-link fence enclosures, with or without privacy slats, shall be prohibited.
(14)
Phasing plan. The developer shall submit a phasing plan for approval by the Planning Board. The community center and all exterior recreational facilities associated with the market units shall be constructed and available for use no later than the point where 50% of the certificates of occupancy of the total approved market units in the development have been issued. The phasing plan shall also provide a schedule for the construction of the affordable units pursuant to the requirements set forth in § 550-86 of this chapter. All recreational facilities associated with the low- and moderate-income units shall be constructed and available for use not later than the point where 25% of the certificates of occupancy of the total approved low- and moderate-income units in the development have been issued.
(15)
Permanent deed restrictions. Any development of age-restricted market units within the R-6 Age-Restricted/Inclusionary Residential District shall provide a permanent deed restriction detailing on the deed for the entire tract and in the deeds for each individual lot, if applicable, within the development methods of implementing the age restriction to the Planning Board Attorney for his/her review and approval.
M.
R-7: Active Adult and Inclusionary Housing Residential Zone District. The purpose of this district is to provide for a new zone district for active adult residential development within an age-restricted residential development and to also provide low- and moderate-income family residential units as defined in § 550-5 of this chapter.
[Added 9-30-2008 by Ord. No. 49-2008]
(1)
Principal permitted and accessory uses, buildings and structures.
(a)
Principal permitted uses shall be as follows:
[1]
Single-family detached dwellings.
[2]
Duplex dwellings.
[3]
Townhouse dwellings not to exceed a maximum of eight units in one overall structure.
[4]
Multiple dwelling unit buildings not to exceed a maximum of 24 residential units per building.
[5]
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(b)
Permitted accessory uses, buildings and structures shall be as follows:
[1]
Recreational, social and communal facilities for the exclusive use of residents of the community and guests.
[2]
Community center building.
[3]
Active and passive outdoor recreation facilities.
[4]
Off-street parking areas.
[5]
Gatehouse.
[6]
Individual and common mailboxes.
[8]
Enclosed trash and recycling storage areas.
[9]
Patios and decks.
(2)
Mandatory affordable housing provision.
(a)
The developer of an active adult residential site plan and/or subdivision shall be required to provide 20% of the total residential dwelling units to households of low- and moderate-income with at least 1/2 the total number of such units available to low-income households. The requirements established by the Council on Affordable Housing for low- and moderate-income housing as set forth in N.J.A.C. 5:94-1.1 et seq.; N.J.A.C. 5:95-1.1 et seq.; and N.J.A.C. 5:80-26.1 et seq., including amendments thereto, and those standards including but not limited to the design, location and phasing for the low- and moderate-income units as set forth in § 550-86 of this chapter shall apply subject to certain modifications as set forth in this subsection. The low- and moderate-income units shall be available to the general public and shall constitute a "family unit" as defined by N.J.A.C. 5:941.4 without restriction by age and in accordance with the above-referenced standards.
(b)
The applicant/developer may elect to locate the required low- and moderate-income units on a separate lot or lots pursuant to subdivision approval by the Planning Board. In the event a separate lot or lots are created for this purpose, the gross density for the market units and the low- and moderate-income units shall be calculated on the presubdivided acreage.
(3)
General development standards.
(a)
Minimum tract area. The minimum tract area for age-restricted development shall be 50 acres under the ownership or control of a single entity and the subject of a development application.
(b)
Residential density. Residential density, inclusive of both market and low- and moderate-income units shall not exceed 1.4 dwelling units per gross acre.
(c)
Site access and minimum tract frontage. Any development in the R-7 Zone District shall have direct access to and at least 500 feet of continuous linear frontage on, an improved public street.
(d)
Infrastructure improvements. The approving authority shall reserve the right to require on-tract and off-site road improvements for ingress and egress at the site and improvements, including, but not limited to, the installation of traffic signalization at the intersection of Flanders Bartley Road, Ironia Road, Pleasant Hill Road and Main Road, if approved by the New Jersey Department of Transportation, to ensure safe and efficient ingress and egress to the site. The improvements shall be designed to implement the policy objectives outlined in the Mount Olive Township's 2003 Master Plan's Circulation Element and the recommendations of the Township Engineer. All internal streets shall be designed in accordance with N.J.A.C. 5:21-1.1 et seq. (Residential Site Improvement Standards).
(e)
Utilities. All utility lines shall be installed underground in accordance with § 550-59 of this chapter.
(f)
Potable water and sanitary sewerage facilities. The development shall be served by a central water system. Sanitary sewer service shall be provided by a connection into the existing Clover Hill Sanitary Sewer system that discharges and is treated at the Clover Hill Treatment Plant. The developer shall extend the sanitary sewer lines as required to service the proposed development and perform infrastructure improvements to the existing sewer lines that may be required to provide sufficient capacity for the additional flow discharged from the proposed development. Improvements shall also be provided by the developer to the Clover Hill Treatment Plant to improve plant efficiency in conjunction with sewerage service to the R-7 Zone District in accordance with the upgrades established in the "Conclusions" section of the correspondence entitled "Township of Mount Olive Clover Hill Wastewater Treatment Plant Report Supplement" dated April 17, 2008, and subject to the approval of the New Jersey Department of Environmental Protection. The report supplements the original report prepared by CMX entitled "Township of Mount Olive Clover Hill Treatment Plant Technical Memorandum on Capacity Evaluation" dated January 2008.
(g)
Maximum building coverage. The maximum building coverage, including principal and accessory buildings and structures, shall not exceed 20% of the gross acreage of the tract. Building coverage shall be calculated on the basis of the total tract. In the event a portion of the tract is subdivided to locate the low- and moderate-income housing units on a separate lot or lots, and/or in the event some or all of the market units are designed on individual lots pursuant to subdivision approval by the Planning Board, the applicant shall demonstrate prior to preliminary site plan and/or subdivision approval that the cumulative impact for the entire development, including any subdivision as referenced herein, will comply with the 20% building coverage standard.
(h)
Maximum impervious coverage. The maximum impervious coverage for the overall tract shall not exceed 40% of the gross acreage of the tract. Maximum impervious coverage shall be calculated on the basis of the total tract. In the event a portion of the tract is subdivided to locate the low- and moderate-income housing units on a separate lot or lots, and/or in the event some or all of the market units are designed on individual lots pursuant to subdivision approval by the Planning Board, the applicant shall demonstrate prior to preliminary site plan and/or subdivision approval that the cumulative impact for the entire development, including any subdivision as referenced herein, will comply with the 40% impervious coverage standard.
(i)
The existing stormwater drainage channel, commonly known as "Rosewood Ditch," should be improved in accordance with the guidelines outlined in the TRC Omni Environmental Corporation Report dated July 26, 2005, to the extent permitted by the NJDEP. All stormwater management improvements shall be in accordance with the Stormwater Management Rules (N.J.A.C. 7.8) of the State of New Jersey and the New Jersey Stormwater Best Management Practices Manual published by the NJDEP dated April 2004 and amended thereafter.
(4)
Setbacks from tract boundaries for principal buildings.
(a)
Single-family detached units and duplex units.
[1]
Minimum lot area: 5,500 square feet.
[2]
Minimum lot width and frontage: 55 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Front yard setback: 20 feet; with open porch permitted within 15 feet to the front lot line.
[5]
Side yard (each): Minimum 7.5 feet for residential dwellings having a maximum height of 26 feet and eight feet for residential dwellings having a height greater than 26 feet, but not to exceed a maximum height of 35 feet.
[6]
Rear yard: 25 feet.
[7]
Maximum building coverage: in accordance with Subsection M(3)(g).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[8]
Maximum impervious coverage: in accordance with Subsection M(3)(h). The maximum impervious coverage permitted for each individual lot for single-family detached units shall not exceed 55%.
[9]
Maximum building height: 35 feet.
(b)
Townhouse dwellings.
[1]
Townhouse dwellings shall not exceed eight units in one overall structure.
[2]
Minimum setback to R-4 Zone District: 100 feet.
[3]
Minimum setback to other tract boundaries: 50 feet.
[4]
Maximum building height: 35 feet.
[5]
Minimum distance between end unit to end unit: 20 feet.
[6]
Minimum distance between rear of unit to rear of unit: 50 feet.
[7]
Minimum distance to single-family dwelling unit: 60 feet.
(c)
Apartment/multidwelling unit building(s).
[1]
Minimum setback to R-4 Zone District: 500 feet.
[2]
Minimum setback to P Zone District: 100 feet.
[3]
Minimum setback to other lot boundaries in the R-7 Zone District in the event of a minor or major subdivision: 50 feet.
[4]
Maximum building height: 45 feet.
[5]
Minimum distance between like buildings: 25 feet.
[6]
Minimum distance between rear of unit to rear of unit: 65 feet.
(5)
Setbacks from tract boundaries for accessory buildings and structures. The minimum setback for accessory buildings and structures shall be as follows:
(a)
Community center and all outdoor recreation facilities shall maintain a minimum distance of 100 feet from all tract boundaries.
(b)
Individual or group mailboxes may be permitted within one foot of the curb.
(d)
A gatehouse shall maintain a minimum distance of 50 feet from the right-of-way of the major arterial road.
(6)
Minimum off-street parking requirements.
(a)
The number and design of parking spaces for the residential dwellings shall conform to the requirements of Section 5:21-4.14 and design standards of Sections 5:21-4.15 and 5:21-4.16 of the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.)
(b)
Off-street parking for the community center shall be provided at a ratio of two parking spaces per 1,000 square feet of gross floor area.
(7)
Design elements. It is anticipated that the low- and moderate-income units will be located in one or more multi-unit buildings separate and apart from the age-restricted market units whether situate within the same overall tract or established on a separate lot(s) subject to subdivision approval by the Planning Board. To the maximum extent practicable the facade treatment and roof pitch of the low- and moderate-income unit building(s) shall be compatible with the market rate units.
(8)
Pedestrian circulation network. Sidewalks having a minimum width of four feet shall be provided along both sides of all internal streets. All sidewalks shall be provided with appropriately scaled lighting to ensure public health and safety. Separate walking trails may be permitted as a component of the open space/recreation plan but shall not serve as a substitute for sidewalks.
(9)
Landscaping, street trees, and buffers. A landscape plan, prepared by a certified landscape architect, shall be required to provide for the following:
(a)
Off-street parking areas for the community center building and the low and moderate-income family unit building(s) shall be screened to provide with year-round landscaping and/or decorative fencing. All screening materials shall be planted at a minimum height of five feet.
(b)
Street trees shall be installed on both sides of all streets planted at a distance not to exceed 40 feet on-center. Trees shall be spaced evenly along the street between the curb and sidewalk within a planting strip not less than five feet in width with a second row of trees to be planted along the interior edge of the sidewalk.
(c)
The interior and perimeter edge of stormwater basins shall be suitably planted with trees and shrubbery. All woody and herbaceous plants shall be species indigenous to the area and/or tolerant to typical wet/dry floodplain conditions.
(10)
Community center/neighborhood park.
(a)
There shall be a minimum of one community center building for market units consisting of at least 15 square feet of gross floor area for each market residential dwelling unit within the development providing for a range of social and recreational facilities for the residents and their guests which may include, but is not limited to, a kitchen, dining area, offices, recreational and social activity rooms.
(b)
There shall be a minimum of one park for the low and moderate-income residential units consisting of at least 25 square feet for each residential dwelling within the low- and moderate-income family unit portion of the development. The park shall be located within a reasonable walking distance to the units and shall be designed and equipped with amenities, including, but not limited to, benches, lighting and landscaping, for the use of the residents. Active recreational facilities within the park shall be permitted, subject to approval by the Planning Board, but such facilities shall not be required.
(11)
Open space. A minimum of 50% of the tract shall be set aside for open space as common property for the benefit of the residents or offered to the Township for public purposes. The open space component of the development shall adhere to the limitations established for all residential districts as set forth in this chapter with regard to the exclusion of stormwater facilities and the limitation of freshwater wetlands to no more than 25% of the open space area. Active and passive recreation facilities, excluding the community center, may be calculated towards the open space acreage.
(12)
Development signs. Development signage may be permitted subject to the following standards, notwithstanding § 550-95B(1) of this chapter:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
The development identification signs shall be limited to one monument sign for the market units and one monument sign for the low- and moderate-income units as defined in § 550-5 of this chapter. The maximum height of the entire monument sign structure shall not exceed 12 feet from grade. The maximum sign area shall not exceed 30 square feet. No part of the sign shall have internal illumination. The location for a development identification sign shall maintain a minimum setback of 25 feet from a tract boundary.
(b)
A maximum of three directional signs may be permitted within the development. The maximum sign area per sign shall not exceed four square feet and the sign shall not exceed a mounting height of six feet. Directional signs shall have no internal or external means of illumination. Directional signs shall be limited to the common areas and shall not be located in any public right-of-way. The location shall be subject to Planning Board approval.
(13)
Trash storage areas. Trash and recycling receptacles shall be stored internally within all residential buildings and the community center building except for the time period necessary to make such containers available for collection. The Planning Board may permit trash and recycling receptacles for residential buildings to be located outside the building(s), provided that suitable enclosures are provided to completely screen such receptacles from view. Screening materials may include solid wood or synthetic material, brick or solid block. Chain-link fence enclosures, with or without privacy slats, shall be prohibited.
(14)
Phasing plan.
(a)
The developer shall submit a phasing plan for approval by the Planning Board. The community center and all exterior recreational facilities shall be constructed and available for use no later than the point where 50% of the certificates of occupancy of the total approved market residential units in the development have been issued.
(b)
A phasing plan for the low- and moderate-income units shall be provided at the time of preliminary site plan and/or subdivision in accordance with the following schedule:
Percentage of Market Rate Units Completed | Minimum Percentage of Low- and Moderate-Income Units Completed |
|---|---|
25% | 0 |
25% plus 1 | 10% |
50% | 50% |
75% | 75% |
90% | 100% |
(15)
Compliance with affordable housing standards. The developer shall provide the Planning Board with appropriate documentation at the time of application for preliminary site plan and/or preliminary major subdivision to demonstrate compliance with the requirements for the low- and moderate-income units as set forth in § 550-86 of this chapter.
(16)
Permanent deed restrictions. The following permanent deed restrictions shall be imposed as part of any approval pursuant to this section, which restrictions shall be reviewed and approved by the Planning Board with the advice of its Board Attorney:
(a)
Age restrictions.
[1]
Restrictions.
[a]
Occupancy. Occupancy of any unit in the condominium is restricted to households with at least one age-qualified person and with no person less than 19 years of age, provided that visitors less than 19 years of age are permitted for no more than eight weeks during any twelve-month period. In particular, occupancy is restricted to the following persons:
[i]
Any age-qualified person;
[ii]
A spouse or companion, 19 years of age or over, residing with the age-qualified person;
[iii]
Children residing with the age-qualified person or residing with the spouse or companion of the age-qualified person, provided that the children are 19 years of age or over; or
[iv]
An individual, 19 years of age or over, residing with and providing physical or economic support to an age-qualified person.
[b]
Visitation by persons under age 19. No restriction herein is intended to prohibit the visitation by persons under 19 years of age who are family members or guests of the permanent occupants. Permitted visitations must not exceed eight weeks during any twelve-month time period.
[c]
Amendments. This provision shall only be amended in accordance with the bylaws of the community after approval of such amendment is obtained from the Township of Mount Olive Planning Board and any other governmental agencies having jurisdiction over such amendment.
[2]
Enforcement. In connection with the initial sale of the units, the developer shall enforce this subsection. As to all subsequent sales of units, the association, through the Board, shall enforce this subsection. The developer and/or the Board shall not permit permanent occupancy of any unit if such occupancy violates this subsection.
[3]
Applications.
[a]
Required evidence. A person seeking to buy, rent, or occupy a unit shall submit to the developer and an owner seeking to transfer, sell, gift, lease, assign, or grant any unit shall submit to the Board the following:
[i]
Full written disclosure of the names, addresses, and ages of all prospective permanent occupants;
[ii]
Satisfactory evidence that at least one permanent occupant of the unit is an age-qualified person; and
[iii]
Satisfactory evidence that none of the other permanent occupants is under 19 years of age.
[b]
Form of evidence. Such evidence shall be in the form of age certifications from each prospective permanent occupant and copies of driver's licenses, birth certificates, or similarly recognized documentation satisfactory to the developer or the Board.
[c]
Action by developer or Board. Neither the developer nor the Board shall deem applications complete or grant approval of an application unless and until all prospective permanent occupants have submitted all required evidence as contemplated by this subsection. The developer, the Board, or their respective designated agents shall act on an application within 10 days of receipt of all required evidence in accordance with the following:
[i]
If the prospective permanent occupants include at least one prospective permanent occupant who is an age-qualified person and none of the prospective permanent occupants is under 19 years of age, then the developer, the Board, or their respective designated agents shall approve the application.
[ii]
If a prospective permanent occupant is under 19 years of age, the developer, the Board, or their respective designated agents shall deny the application.
[iii]
The developer, the Board, or their respective designated agent shall not approve any application under this subsection if:
[iv]
Failure to act. If the developer, the Board, or their respective designated agents fail to act within 10 days of receipt of all required evidence and at least one prospective permanent occupant is an age-qualified person and no prospective permanent occupants are under 19 years of age, the developer or the Board will be deemed to have approved the application.
[v]
Notice of denial. If the developer, the Board, or their respective designated agents deny an application, the developer, the Board, or such agents must set forth in writing the reasons for the denial and deliver written notice to the person or owner making the application at the time the owner is informed of the decision.
[vi]
Hearing. If an owner is dissatisfied with the decision, the owner may request a hearing before the Board, with or without legal counsel present, which hearing will be scheduled to occur within 30 days of the owner's request. All Board decisions after the hearing must be set forth in writing. The Board shall render a written decision and deliver such decision to the owner within five business days of the hearing. The right to a Board hearing pursuant to this subsection is limited solely to an owner and an attorney acting on an owner's behalf and may not be exercised by any other person seeking to appeal the denial of an application.
[4]
Transfers.
[a]
Prior approval required. A person shall not buy, rent, or occupy and an owner shall not transfer, sell, gift, lease, assign, or grant any unit until such person or owner submits an application to and receives the approval of the developer or the Board, as the case may be, pursuant to this subsection.
[b]
Transfers on death. If a unit owner dies, with or without a will, leaving as beneficiaries or heirs one or more persons who are not age-qualified persons under this master deed, the restrictions in this subsection are not deemed to restrict the ownership of the unit by such beneficiaries or heirs. The beneficiaries or heirs, their successors or assigns, shall not reside in the unit until the Board's approval has been obtained as required by this subsection. A beneficiary or heir who is under the age of 19 shall not occupy the unit until such beneficiary becomes an age-qualified person or lives with someone who is an age-qualified person. The foregoing shall not apply to any permanent occupant who is an age-qualified person.
[c]
Binding agreements with prospective owners. Before entering into any binding agreement transferring, selling, gifting, leasing, assigning, or granting the unit to a prospective owner, other than an agreement whose enforceability is expressly contingent on approval from the Board with a prospective owner, existing owners shall submit the required evidence to the Board pursuant to this subsection. An owner shall not execute any form of binding agreement with respect to the transfer, sale, gift, lease, assignment, or grant of his or her unit without first obtaining the Board's written approval.
[5]
Annual compliance review. On an annual basis, owners shall provide the Board with information verifying that each unit is currently occupied by at least one age-qualified person and that no permanent occupant of the unit is under the age of 19 years. If a unit is not owned by a permanent occupant, the owner shall provide this information. The verification provided to the Board shall be in the form of copies of driver's licenses, birth certificates, or other similar documentation. The Board, in its sole discretion, may also require that all permanent occupants sign certifications acknowledging the ages of permanent occupants in the unit they occupy. The Board shall forward all documents obtained in connection with its annual compliance review to the Township Attorney for the Township of Mount Olive and such other state or federal agencies as may have jurisdiction.
[6]
Failure to comply. At any time after the approval of an application, if an owner or permanent occupant fails to qualify with regard to the terms of this subsection, the permanent occupant shall vacate the unit within 90 days of said failure to comply. Such permanent occupant shall be subject to a summary dispossess action in a court of competent jurisdiction if the permanent occupant otherwise fails to comply.
N.
R-8: Residential District. The purpose of this district is to provide single-family, detached housing for qualified low and moderate-income households as a component of the Township's affordable housing obligation.
[Added 12-19-2023 by Ord. No. 35-2023]