Township of Mount Olive, NJ
Morris County
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Table of Contents
Table of Contents
[Amended 5-25-1995 by Ord. No. 11-95; 4-28-1998 by Ord. No. 5-98]
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.
(1) 
Permitted principal uses shall be as follows:
(a) 
Piers.
(b) 
Docks.
(c) 
Boathouses.
(d) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(2) 
Permitted accessory uses shall be as follows:
(a) 
Storage sheds.
(3) 
Conditional uses shall be as follows: none.
(4) 
Conditional use standards shall be as follows: none.
(5) 
Bulk regulations shall be as follows: Standards shall be in accordance with § 550-100 of this chapter.
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.
(1) 
Permitted principal uses shall be as follows:
(a) 
Detached dwellings.
(b) 
Public uses.
(c) 
Stormwater management facilities.
(d) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(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.
(e) 
Off-street parking subject to provisions of § 550-56L.
[Added 3-25-2008 by Ord. No. 11-2008]
(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.
[Amended 10-28-2014 by Ord. No. 22-2014[1]]
[1]
Editor's Note: This ordinance also repealed original Subsection B(3)(b), regarding hospitals with minimum ten-acre lots, which immediately followed this subsection.
(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]
[2]
Editor's Note: Original Subsection B(3)(d), regarding club pools and associated recreation areas with minimum five-acre lots, which immediately followed this subsection, was repealed 10-28-2014 by Ord. No. 22-2014.
(c) 
Home occupations, in accordance with the definition set forth in this chapter.
(d) 
Campgrounds with minimum ten-acre lots.
(e) 
Billboards in accordance with the standards set forth in § 550-95H.
[Added 7-25-2017 by Ord. No. 17-2017]
(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 or hospital. Radio and communications towers shall be subject to the standards contained in Subsection B(4)(i) of this section.
(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.
(1) 
Permitted principal uses shall be as follows:
(a) 
Detached dwellings.
(b) 
Farms and farm buildings.
(c) 
Public uses.
(d) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(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 Board 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.
(h) 
Off-street parking subject to provisions of § 550-56L.
[Added 3-25-2008 by Ord. No. 11-2008]
(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[4]]
[4]
Editor's Note: This ordinance also repealed original Subsection C(3)(b), regarding hospitals with minimum ten-acre lots, which immediately followed this subsection.
(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]
[5]
Editor's Note: Original Subsection C(3)(d), regarding club pools and associated recreation areas with minimum five-acre lots, which immediately followed this subsection, was repealed 10-28-2014 by Ord. No. 22-2014.
(c) 
Home occupations, in accordance with the definition set forth in this chapter.[6]
[6]
Editor's Note: Original Subsection C(3)(f), regarding campgrounds with minimum ten-acre lots, which immediately followed this subsection, was repealed 10-28-2014 by Ord. No. 22-2014.
(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 or hospital.
(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.
(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.
(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 sewerage 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.[7]
[7]
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.
(1) 
Permitted principal uses shall be as follows:
(a) 
Detached dwellings.
(b) 
Farms and farm buildings.
(c) 
Public uses.
(d) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(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 Board 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.
(h) 
Off-street parking subject to provisions of § 550-56L.
[Added 3-25-2008 by Ord. No. 11-2008]
(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[8]]
[8]
Editor's Note: This ordinance also repealed original Subsection D(3)(b), regarding hospitals with minimum ten-acre lots, which immediately followed this subsection.
(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.[9]
[9]
Editor's Note: Original Subsection D(3)(d), regarding club pools and associated recreation areas with minimum five-acre lots, which immediately followed this subsection, was repealed 10-28-2014 by Ord. No. 22-2014.
(c) 
Home occupations, in accordance with the definition set forth in this chapter.[10]
[10]
Editor's Note: Original Subsection D(3)(f), regarding campgrounds with minimum ten-acre lots, which immediately followed this subsection, was repealed 10-28-2014 by Ord. No. 22-2014.
(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 or hospital.
(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.
(g) 
No conditional use may be elected 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.
(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 sewerage 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, flood-plain 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.[11]
[11]
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.
(1) 
Permitted principal uses shall be as follows:
(a) 
Detached-dwellings.
(b) 
Public uses.
(c) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(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.
(f) 
Off-street parking subject to provisions of § 550-56L.
[Added 3-25-2008 by Ord. No. 11-2008]
(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[12]]
[12]
Editor's Note: This ordinance also repealed original Subsection E(3)(b), regarding hospitals with minimum ten-acre lots, which immediately followed this subsection.
(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.[13]
[13]
Editor's Note: Original Subsection E(3)(d), regarding club pools and associated recreation areas with minimum five-acre lots, which immediately followed this subsection, 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.[14]
[14]
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:
(a) 
Detached dwellings.
(b) 
In cluster developments, duplex, semiattached and attached dwellings are permitted but not to exceed 40% of the total units.[15]
[15]
Editor's Note: Original Subsection F(1)(c), regarding planned adult communities, which immediately followed this subsection, was repealed 10-28-2014 by Ord. No. 22-2014.
(c) 
Public uses.
(d) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(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.
(f) 
Off-street parking subject to provisions of § 550-56L.
[Added 3-25-2008 by Ord. No. 11-2008]
(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[16]]
[16]
Editor's Note: This ordinance also repealed original Subsection F(3)(b), regarding hospitals with minimum ten-acre lots, which immediately followed this subsection.
(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.[17]
[17]
Editor's Note: Original Subsection F(3)(d), regarding club pools and associated recreation areas with minimum five-acre lots, which immediately followed this subsection, 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 sewerage 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.[18]
[18]
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:
(a) 
Detached dwellings.
(b) 
In cluster developments, duplex, semiattached and attached dwellings are permitted but not to exceed 60% of the total units.[19]
[19]
Editor's Note: Original Subsection G(1)(c), regarding planned adult communities, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(c) 
Public uses.
(d) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(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.
(f) 
Off-street parking subject to provisions of § 550-56L.
[Added 3-25-2008 by Ord. No. 11-2008]
(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[20]]
[20]
Editor's Note: This ordinance also repealed original Subsection G(3)(b), regarding hospitals with minimum ten-acre lots, which immediately followed this subsection.
(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.[21]
[21]
Editor's Note: Original Subsection G(3)(d), regarding club pools and associated recreation areas with minimum five-acre lots, which immediately followed this subsection, was repealed 10-28-2014 by Ord. No. 22-2014.
(c) 
Home occupations, in accordance with the definition set forth in this chapter.[22]
[22]
Editor's Note: Original Subsection G(3)(f), Mortuaries, which immediately followed this subsection, 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 sewerage 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.[23]
[23]
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.
(1) 
Permitted principal uses shall be as follows:
(a) 
Apartments/shared living facilities.
(b) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(2) 
Permitted accessory uses shall be as follows:
(a) 
Parking areas.
(b) 
Trash and recycling containers.
(c) 
Other uses customarily associated with the above use, 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: none.
(4) 
Bulk regulations shall be as follows:
(a) 
Standards as set forth in § 550-93 of this chapter shall apply.
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.
(1) 
Permitted principal uses shall be as follows:
(a) 
Detached dwellings.
(b) 
In cluster developments, duplex, semiattached and attached dwellings.
(c) 
Public uses.
(d) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(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.
(f) 
Off-street parking subject to provisions of § 550-56L.
[Added 3-25-2008 by Ord. No. 11-2008]
(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.[24]
[24]
Editor's Note: Original Subsection I(3)(c), regarding club pools and associated recreation areas with minimum five-acre lots, which immediately followed this subsection, was repealed 10-28-2014 by Ord. No. 22-2014.
(c) 
Home occupations, in accordance with the definition set forth in this chapter.[25]
[25]
Editor's Note: Original Subsection I(3)(e), regarding medical centers and mortuaries, which immediately followed this subsection, 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 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 sewerage 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.[26]
[26]
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.
(1) 
Permitted principal uses shall be as follows:
(a) 
Apartments.
(b) 
Detached dwellings.
(c) 
Duplexes, semiattached and attached dwellings.
(d) 
Public uses.
(e) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(2) 
Permitted accessory uses shall be as follows:
(a) 
Private garages.
(b) 
Parking areas.
(c) 
Tennis courts.
(d) 
Swimming pools.
(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.
(f) 
Off-street parking subject to provisions of § 550-56L.
[Added 3-25-2008 by Ord. No. 11-2008]
(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.[27]
[27]
Editor's Note: Original Subsection J(3)(c), regarding club pools and associated recreation areas with minimum five-acre lots, which immediately followed this subsection, was repealed 10-28-2014 by Ord. No. 22-2014.
(c) 
Home occupations, in accordance with the definition set forth in this chapter.[28]
[28]
Editor's Note: Original Subsection J(3)(e), regarding medical centers and mortuaries, which immediately followed this subsection, 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 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.[29]
[29]
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.
(1) 
Permitted principal uses shall be as follows:
(a) 
Apartments and townhouses.
(b) 
Detached dwellings.
(c) 
Duplexes, semi-attached and attached dwellings.
(d) 
Public uses.
(e) 
Single-family court homes.
(f) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(2) 
Accessory uses shall be as follows:
(a) 
Parking areas and trash and garbage collection areas.
(b) 
Private recreation buildings and facilities, including swimming pools and tennis courts, intended for use by the residents of the development.
(3) 
Conditional uses shall be as follows: none.
(4) 
Area, yard and bulk regulations shall be as follows:
(a) 
The minimum requirements for a tract shall be as follows:
[1] 
The tract area: 10 acres.
[2] 
The tract width: 200 feet.
[3] 
The lot depth: 200 feet.
[4] 
The tract setbacks from the property line: 25 feet.
(b) 
The maximum requirements shall be as follows:
[1] 
The building coverage: 20%.
[2] 
The total impervious surface: 40%
[3] 
The building height: 35 feet.
[4] 
The gross density per acre: 12 units.
(c) 
If the development consists of townhouses with individual fee simple lots for sale, the following minimum requirements shall apply:
[1] 
The lot area: 1,200 square feet.
[2] 
The lot width: 16 feet.
[3] 
The front yard: 20 feet.
[4] 
The rear yard: 20 feet.
(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 § 550-86B(1).
(6) 
Minimum off-street parking requirements.
(a) 
Each dwelling unit shall provide off-street parking in the following manner:
[1] 
Dwelling units with one bedroom or less: 1.5 spaces.
[2] 
Dwelling units with two bedrooms: 1.75 spaces.
[3] 
Dwelling units with more than two bedrooms: 2.0 spaces.
(b) 
All common off-street parking shall be located within 300 feet of the dwelling units served.
(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.
(c) 
The minimum public street right-of-way and cartway and the minimum private street cartway shall be in accordance with the following schedule:
[1] 
A collector street (no parking on both sides):
[a] 
A right-of-way: 50 feet.
[b] 
A cartway: 22 feet.
[2] 
A local street serving townhouses with garages or off-street parking with no on-street parking:
[a] 
A right-of-way: 40 feet.
[b] 
A cartway: 30 feet.
[3] 
A local street serving multifamily townhouses with common or on-street parking:
[a] 
A right-of-way: 40 feet.
[b] 
A cartway: 30 feet.
(8) 
Site disturbance shall be adjusted, in accordance with the requirements of § 550-39 of this chapter on critical areas.
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.
[Added 3-22-2005 by Ord. No. 4-2005; amended 6-26-2007 by Ord. No. 26-2007]
(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.
[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.
[7] 
Signage in accordance with the standards in Subsection L.
(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 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. Setback 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.
(c) 
Signage in accordance with Subsection L, herein.
(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:
[1] 
Rear to rear: 75 feet.
[2] 
Rear to side: 75 feet.
[3] 
Side to side: 65 feet. The distance between the sides of residential buildings may be reduced to 50 feet where there are no opposing side garage doors on the respective sides of the buildings.
(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(5) 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 directory signs may be permitted within the development. The maximum sign area per sign shall not exceed four square feet and 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.
(16) 
Maintenance of common elements. The developer shall submit documentation regarding the ownership and maintenance of common elements pursuant to homeowners' association documents in accordance with § 550-51 of this chapter.
(17) 
Compliance with affordable housing standards. The developer shall provide the Planning Board with appropriate documentation to demonstrate compliance with the requirements for the low- and moderate-income units as set forth in § 550-86 of this chapter.
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.
[7] 
Signage in accordance with the standards in Subsection M(12).
[8] 
Enclosed trash and recycling storage areas.
[9] 
Patios and decks.
(c) 
Conditional uses shall be as follows:
[1] 
None.
(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)(q).
[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.
(c) 
Signage in accordance with Subsection M(12) herein.
(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(5) of this chapter:
(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 directory signs may be permitted within the development. The maximum sign area per sign shall not exceed four square feet and 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 afforcable 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 article. As to all subsequent sales of units, the association, through the Board, shall enforce this article. The developer and/or the Board shall not permit permanent occupancy of any unit if such occupancy violates this article.
[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 article. The developer, the Board, or their respective designated agents shall act within 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 article if:
[A] 
None of the prospective permanent occupants is an age-qualified person;
[B] 
Any prospective permanent occupant is under 19 years of age; or
[C] 
The approval of the application would violate or threaten to violate this article.
[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 article 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 article.
[b] 
Transfers on death. If a unit owner dies, with or without a will, leaving as beneficiaries or hefts one or more persons who are not age-qualified persons under this master deed, the restrictions in this article 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 article. A beneficiary or heir who is under the age of 19 shall not occupy the unit until such beneficiary becomes an age-qualified 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 article. 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, an owner or permanent occupant, if an owner or permanent occupant fails to qualify with regard to the terms of this article, 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.
(17) 
Maintenance of common elements. The developer shall submit documentation regarding the ownership and maintenance of common elements pursuant to Homeowners' Association documents in accordance with § 550-51 of this chapter.[30]
[30]
Editor's Note: Former Subsection N, AR: Active Recreation Zone District, and Subsection O, Professional/Commercial-2 Zone District, which immediately followed, were removed from this section and included as § 550-103J and K, respectively, 2-28-2017 by Ord. No. 6-2017.
[Added 10-8-1996 by Ord. No. 32-96]
A. 
The provisions of relief from the strict application of bulk standards shall apply only to residential lots within residential zone districts. All preexisting, nonconforming uses such as homes in commercial or industrial zone districts are not entitled to the relief provided for herein.
B. 
Relief from bulk standards shall include both front setback requirements, side yard requirements, rear yard requirements and lot coverage regulations.
C. 
The relief from bulk standards provided for herein shall apply only to lawfully constructed buildings and/or lawful residential lots pursuant to state and municipal statutes and ordinances. The relief provisions shall not apply to vacant parcels or lots where the house is demolished or otherwise removed from the site so that a new house can be constructed.
D. 
Relief provided for herein shall be granted to new accessory structures such as garages, sheds, decks, swimming pools or porches to the extent that such structures are otherwise permitted in the applicable zone district.
[Amended 4-28-2009 by Ord. No. 8-2009]
E. 
Whenever a conforming lot with a conforming use within any residential zone district is subject to building setback and/or building/total impervious coverage standards, which have been imposed subsequent to the creation of said lot and improvements, the bulk standard in force at the time said lot structure was created shall prevail.
[Amended 2-28-2017 by Ord. No. 6-2017]
F. 
It shall be the responsibility of the applicant to demonstrate that the property or structure in question was lawfully created. The Department of Planning shall prepare and make available a list of existing residential subdivisions within the Township accompanied by relevant approval dates and zoning standards in force for each development at the time of final approval, including any revisions thereto.
G. 
In a case where a residential structure qualifies for relief pursuant to the provisions of this section and said residential dwelling was constructed prior to the adoption of any zoning regulations by the Township of Mount Olive, then the current zoning regulations adopted for the subject property shall prevail.
H. 
Residential dwellings built prior to adoption of the Township's first zoning regulations, adopted on July 21, 1950, which are located in a residential zone district in Mount Olive may be permitted to construct an open front porch, steps, landing, and portico without the need for variance relief for front yard setback, building and/or lot coverage requirements subject to the following:
[Added 2-28-2017 by Ord. No. 6-2017]
(1) 
No part of said improvements shall be closer than 10 feet to the front line and shall not extend past the existing dwelling on either side. Owners shall be required to obtain a zoning permit prior to securing building permits.
A. 
C-1 and C-2 Commercial Districts. The purpose of these districts is to recognize areas of existing retail development and to provide opportunities for new areas near existing and proposed population centers for the location of commercial services, limited entertainment facilities and employment opportunities.
(1) 
Permitted principal uses shall be as follows:
(a) 
Retail sales of goods and services. Automobile and truck sales and laundromats in the C-2 District only.
[Amended 8-6-2002 by Ord. No. 28-2002; 10-28-2014 by Ord. No. 22-2014]
(b) 
Professional and medical offices.
(c) 
Veterinary clinics.
[Amended 10-28-2014 by Ord. No. 22-2014]
(d) 
Restaurants, bars and nightclubs.
[Amended 6-23-2009 by Ord. No. 10-2009]
(e) 
Banks and similar financial institutions in the C-2 District only.
(f) 
Health clubs.
[Amended 10-28-2014 by Ord. No. 22-2014]
(g) 
Theaters, bowling alleys, gymnasiums, tennis courts and pools.[1]
[1]
Editor's Note: Original Subsections A(1)(h), regarding recreation centers and (i), motels and hotels, which immediately followed this subsection, were repealed 10-28-2014 by Ord. No. 22-2014.
(h) 
Clubs, lodges and houses of worship.
(i) 
Medical centers and mortuaries.
(j) 
Utilities, excluding commercial radio and/or communications towers.
(k) 
Public uses.
(l) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(2) 
Permitted accessory uses shall be as follows:
(a) 
Parking areas, loading areas, trash and garbage collection areas and 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.
(b) 
Outdoor dining, subject to the design and performance standards set forth in § 550-77.1.
[Added 10-17-2017 by Ord. No. 21-2017]
(3) 
Conditional uses shall be as follows:
(a) 
C-1 District.
[1] 
Service stations and motor vehicle repair, in accordance with the standards regulating service stations in this chapter, specifically § 550-94.
[Amended 10-28-2014 by Ord. No. 22-2014[2]]
[2]
Editor's Note: This ordinance also repealed original Subsections A(3)(a)[2], regarding amusement arcades and [3], regarding convenience markets, which immediately followed this subsection.
[2] 
Adult entertainment uses, in accordance with the standards regulating such uses in § 550-80.[3], [4]
[3]
Editor's Note: Former Subsection A(3)(a)[6], Restaurants, bars and nightclubs, was repealed 6-23-2009 by Ord. No. 10-2009. This ordinance also redesignated former Subsection A(3)(a)[7] and [8] as Subsection A(3)(a)[6] and [7], respectively.
[4]
Editor's Note: Original Subsection A(3)(a)[5], regarding retail sales of goods and services, which immediately followed this subsection, was repealed 10-28-2014 by Ord. No. 22-2014.
[3] 
Banks and similar financial institutions, provided that the minimum lot area is one acre and the minimum lot frontage is 200 feet.
[4] 
Fast-food restaurants in accordance with § 550-101A(3)(b)[2].
[5] 
Billboards in accordance with the standards set forth in § 550-95H.
[Added 7-25-2017 by Ord. No. 17-2017]
(b) 
C-2 District.
[1] 
Service stations, motor vehicle repair, in accordance with the standards referenced above for the C-1 District.
[Amended 10-28-2014 by Ord. No. 22-2014]
[2] 
Fast-food restaurants, in accordance with the following standards:
[a] 
There shall be a minimum lot area of two acres.
[b] 
No fast-food restaurant shall be located any closer than 2,500 feet to the property line of the site of any other fast-food restaurant.
[c] 
The principal building or structure shall maintain a minimum distance of 150 feet from a residential district.
[d] 
Any accessory structure(s), trash enclosures, parking spaces, and traffic aisles shall maintain a minimum distance of 25 feet from a residential district.
[e] 
Drive-through window(s) shall not be designed as to face a residential district.
[f] 
No light source shall exceed a height of 18 feet.
[g] 
Strict compliance with the buffer standards as contained in § 550-36 of this chapter shall be met.
[h] 
No more than 65% of the total property shall be paved and/or covered by building construction, and the remaining portions of the lot shall remain in either natural open areas or appropriately landscaped areas to be approved by the Planning Board. The proposed site shall have a minimum lot width of 200 feet of frontage on the state highway. The lot depth minimum shall be the same as the commercial zoning district in which it is located.
[i] 
No parking area, excluding entrance drive and/or building, shall be located any closer than 15 feet to any publicly improved road right-of-way; and said parking lot and/or building, excluding entrance drives, shall not be located any closer than 15 feet to the side yard lines of said property nor less than 15 feet from the rear yard line of the property in question except where the property adjoins a residential district, in which case Subsection A(3)(b)[2][c] shall apply.
[j] 
Parking shall be provided on the following basis: for fast-food restaurants providing seating for patrons, a minimum of one parking space on site shall be provided per three seats. All other areas not devoted to patron seating shall provide on-site parking at the rate of one space per every 30 square feet of remaining floor area.
[k] 
Entrances and exits to the property shall be provided along both the major state highway and the adjacent county road. Deceleration lanes should be provided along the state highway as deemed necessary by the Planning Board in accordance with New Jersey Department of Transportation requirements.
[l] 
The proposed building must be aesthetically compatible with surrounding, structures and conditions.
[m] 
No fast-food restaurant shall be located on a site along a major state highway which is on the opposite side of said highway from any largely developed residential area, whether single-family or multifamily dwellings, which would result or is likely to result in substantial pedestrian traffic crossing said state highway.
[n] 
Notwithstanding the above requirements, a fast-food restaurant may be located within any existing or hereinafter developed shopping center within the Township of Mount Olive; provided, however, that said shopping center shall contain at least 100,000 of developed commercial buildings. The requirements of Subsection A(3)(b)[2][a] through [e] shall not apply to any fast-food restaurant to be located within any existing or hereinafter developed shopping center. In reviewing the plans of any proposed shopping center to have a fast-food restaurant, the Planning Board shall consider the parking requirements set forth hereinabove with respect to fast-food restaurants in computing the necessary parking for said shopping center.
[3] 
Car wash facilities, in accordance with the definitions contained in § 550-5 and the design standards set forth in § 550-38, Car wash facilities.
[4] 
Billboards in accordance with the standards set forth in § 550-95H.
[Added 7-25-2017 by Ord. No. 17-2017]
(4) 
Conditional use standards shall be as follows:
(a) 
The standards applying to service stations and auto repair facilities are set forth in this chapter in § 550-94 and shall apply in addition to those set forth above and in § 550-14 on conditional uses.
(5) 
Bulk regulations shall be as follows:
(a) 
Impervious surface coverage shall be adjusted in accordance with the critical area provisions in § 550-39 of this chapter.[5]
[5]
Editor's Note: Original Subsection A(5)(b), regarding building having a minimum floor area of 1,000 square feet, which immediately followed this subsection, was repealed 10-28-2014 by Ord. No. 22-2014.
(b) 
See attached Schedule of Limitations.[6]
[6]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
B. 
CR-3: Commercial Residential District. The purpose of this district is to allow a mix of commercial use and residential use in transition areas where it is anticipated that commercial development is expected to eventually dominate.
(1) 
Permitted principal uses shall be as follows:
(a) 
Detached dwellings.
(b) 
Public uses.
(c) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(2) 
Permitted uses in existing structures shall be as follows, provided that the gross floor area of any single use does not exceed 10,000 square feet:
(a) 
Retail sales of goods and services.
(b) 
Restaurants and bars.
(c) 
Offices.
(d) 
Printing offices or shops.
(3) 
Permitted accessory uses shall be as follows:
(a) 
Parking areas, loading areas, trash and garbage collection areas and 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.
(4) 
Conditional uses shall be as follows: none.
(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.[7]
[7]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
C. 
C-LI: Commercial/Light Industrial District. The purpose of this district is to make provisions for a wide range of industrial and regional commercial uses in an area of the Township with direct highway access, central water and sanitary sewer facilities, and population proximity in a manner that will integrate natural features, site, and building design and create an attractive working and shopping environment by offering flexibility in site layout.
(1) 
Permitted principal uses shall be as follows:
(a) 
Offices and office buildings.
(b) 
Research laboratories or other experimental testing or research establishments, such as product development, but not to include the processing of raw materials, except as incidental to the basic research purpose.
(c) 
Warehousing, shipping and receiving.
(d) 
The manufacturing, finishing and assembly of products.
(e) 
Retail sales of goods and services.
(f) 
Professional and medical offices.
(g) 
Veterinary clinics.
[Amended 10-28-2014 by Ord. No. 22-2014]
(h) 
Restaurants, bars and nightclubs.
(i) 
Fast-food restaurants and convenience markets, if part of a retail center containing at least 200,000 square feet.
(j) 
Banks and similar financial institutions.
(k) 
Health clubs.
[Amended 10-28-2014 by Ord. No. 22-2014]
(l) 
Theaters and entertainment centers of a nonnuisance character.
(m) 
Recreational facilities, bowling alleys, gymnasiums, tennis courts and pools.
(n) 
Hotels and motels.
(o) 
Clubs, lodges and houses of worship.
(p) 
Medical clinics.
[Amended 10-28-2014 by Ord. No. 22-2014]
(q) 
Utilities, but not including radio and communications towers, pump stations and water storage facilities.
(r) 
Public uses.
(s) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(2) 
Permitted accessory uses shall be as follows:
(a) 
Parking areas, loading areas, trash and garbage collection areas.
(b) 
Outside storage areas, provided that their location conforms to the setbacks for principal buildings and that they comply with the buffering section of this chapter, § 550-36.
(c) 
Other uses customarily associated with the above uses, provided that such uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.
(d) 
Outdoor dining, subject to the design and performance standards set forth in § 550-77.1.
[Added 10-17-2017 by Ord. No. 21-2017]
(3) 
Conditional uses shall be as follows:
(a) 
Service stations and auto repair, but not including body shops.
(b) 
Amusement arcades.
(c) 
Radio and communications towers.
(4) 
Conditional use standards shall be as follows:
(a) 
Service stations and auto repair in accordance with the standards regulating service stations in this chapter, specifically §§ 550-14D(5) and 550-94.
(b) 
Amusement arcades shall be part of a larger facility or center, such as a restaurant or theater, and not occupy more than 40% of the total gross floor area.
(c) 
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) 
See attached Schedule of Limitations.[8]
[8]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
(b) 
Site disturbance shall be adjusted in accordance with the requirements of § 550-39, Critical areas, of this chapter.
(6) 
General design standards for commercial and industrial uses shall be as follows:
(a) 
Accessibility. Distinct facilities must be provided for access via motor vehicles, public transportation, pedestrian and bicycle traffic. This shall include sidewalks, bikeways and bus shelters.
(b) 
Site design. Notwithstanding the provisions of the Schedule of Limitations, the appropriate distances between freestanding structures shall be determined at the site plan review stage in consideration of interesting site design, prevailing building and fire safety code regulations and acceptable architectural and engineering standards. Strip mall design is to be discouraged. An area of the site equal to or greater than 10% of the building area must be designed as common space, either walkways, plazas, pedestrian malls, fountains, gardens or a similar configuration subject to Planning Board approval. Separate entry/exit points accessible directly from parking areas shall be appropriately designed and illuminated.
(7) 
Large-scale, comprehensively planned developments. Special provision is made for large-scale, comprehensively planned developments of 100 acres or more, whether or not the buildings are erected in one development stage or over a period of time, and whether or not the development area is contiguous, provided that it is entirely within the district, but where the major streets and utilities are set forth on a plan for the entire development prior to construction of any portion of the development, the initial development stage is larger than 25 acres, and access to individual lots or parcels is provided in the overall plan in a manner that addresses safety and traffic circulation issues for streets serving the district, in particular, Routes 46 and 206. The purpose is to provide flexibility to take advantage of topographic conditions, natural features and economies of scale in order to achieve better relationships among buildings, open space, streets and adjoining areas. As development takes place, the overall plan may be changed to accommodate subsequent land needs, provided that the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities. The Schedule of Limitations shall apply except as provided below. The critical areas provisions in § 550-39 of this chapter and the use provisions of this district in Subsection C(1), (2) and (3) above shall also apply, but all other provisions of this district shall not apply.
(a) 
Lot size averaging will be permitted. Under the lot size averaging provisions, individual lots may have less than the minimum area required by the minimum lot size provisions but in no case less than two acres. For each lot having less than the minimum area required, there shall be another lot having at least the minimum area required, plus an area equal to the reduction in area of the undersized lot. The site plan layout shall integrate the undersized lot with the balance of the development.
(b) 
Lot coverage and floor area ratios may be averaged. The maximum permitted lot coverage and maximum permitted floor area ratio, as stated in the Schedule of Limitations, may be applied to the development as a whole.
(c) 
Where there is lot size, lot coverage and/or floor area ratio averaging, each development plan submitted shall summarize the provisions in table or map form; prior lot size, lot coverage and floor area ratio averaging for each lot shall be indicated for the development where allowance or transfer has been permitted, and such table or map shall be recorded with the County Clerk.
(d) 
Yards and setbacks may be reduced to a minimum of 25 feet, with the following exceptions:
[1] 
A minimum setback of 75 feet shall be provided along Routes 80, 46 and 206. These required front yards or setbacks from major highways shall be landscaped with grass or ground cover, trees and shrubs, but may be crossed with access drives and include parking areas landscaped in accordance with § 550-56 of this chapter, provided that no parking shall be located within 25 feet of a street line.
[2] 
A minimum front yard of 50 feet shall be provided on collector streets.
[3] 
A minimum setback of 100 feet shall be provided from all residential district boundaries.
[4] 
No setbacks are required for two or more contiguous parcels planned as a unit to allow buildings on adjoining parcels to share a party wall along their common lot line or, in the case of buildings which do not share a party wall, to allow better and more flexible siting of buildings than would otherwise be possible. Common parking facilities, access drives and landscaped open space are also allowed.
[5] 
Building heights may be increased to 60 feet for a building or portion of a building more than 300 feet from a residential district boundary.
(e) 
Parking structures shall not be included in the calculation of floor area ratio.
(f) 
Notwithstanding the provisions of § 550-56, where either the lot size is greater than 7.5 acres or the gross floor area to be built on an individual lot is greater than 90,000 square feet, 1/3 of the required parking spaces may be located more than 300 feet from the entrance of the building being served if there is adequate provision for circulation between parking facilities and building entrances.
(g) 
The Planning Board may, at the request of an applicant, agree that the requirements of § 550-28 relating to environmental impact reports may be satisfied by the applicant's preparation of one or more comprehensive reports for the entire district, or sections thereof, in accordance with § 550-28 of this chapter.
(h) 
All area lighting shall be provided in accordance with § 550-53 entitled "Lighting," except that the light source may exceed a height of 18 feet but may not exceed a height of 25 feet and that the maximum light intensity provided at the ground level may exceed the average maximum of 0.5 footcandle over the entire area but may not exceed two footcandles within 50 feet of buildings and one footcandle in all other areas subject to Planning Board review and approval. The Planning Board shall reserve the right to apply the more restrictive standard in proximity to residential districts or to enforce the purposes of § 550-53.
D. 
(Reserved)[9]
[9]
Editor's Note: Former Subsection D, O-R: Office Research District, as amended, was repealed 2-28-2017 by Ord. No. 6-2017.
E. 
L-I: Light Industrial District: The purpose of this district is to create development opportunities in recognition of the need for employment centers while orienting the uses to major highways for ease of access.
(1) 
Permitted principal uses shall be as follows:
(a) 
Offices and office buildings.
(b) 
Research laboratories or other experimental testing or research establishments, such as product development, but not to include the processing of raw materials, except as incidental to the basic research purpose.
(c) 
The assembly of products.
[Amended 3-23-1999 by Ord. No. 7-99]
(d) 
Utilities, but not including commercial radio and communications towers.
(e) 
Lumberyards.
(f) 
Airports.
(g) 
Motels and hotels.
(h) 
Public uses.
(i) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(2) 
Permitted accessory uses shall be as follows:
(a) 
Parking areas, loading areas, trash and garbage collection areas.
(b) 
Warehousing, shipping and receiving.
(c) 
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) 
Radio and communications towers.
(4) 
Conditional use standards shall be as follows:
(a) 
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.
(b) 
Billboards in accordance with the standards set forth in § 550-95H.
[Added 7-25-2017 by Ord. No. 17-2017]
(5) 
Bulk regulations shall be as follows:
(a) 
Site disturbance shall be adjusted in accordance with the critical area provisions in § 550-39 of this chapter.
(b) 
See attached Schedule of Limitations.[10]
[10]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
F. 
G-I: General Industrial District. The purpose of this district is to provide areas where a wide range of industrial uses is permitted. This district is located where the potential for industrial growth is good due to convenient transportation routes, utility services and population proximity.
(1) 
Permitted principal uses shall be as follows:
(a) 
Offices and office buildings.
(b) 
Research laboratories or other experimental testing or research establishments, such as product development, but not to include the processing of raw materials, except as incidental to the basic research purpose.
(c) 
Assembly of products.
[Amended 3-23-1999 by Ord. No. 7-99]
(d) 
Utilities, but not including commercial radio and communications towers.
(e) 
Lumberyards.
(f) 
Airports.
(g) 
Motels and hotels.
(h) 
Warehousing, shipping and receiving.
(i) 
Outside storage areas, provided that their location conforms to the setbacks for principal buildings and that they comply with the buffering section of this chapter, § 550-36.
(j) 
The manufacturing, finishing and assembly of products.
(k) 
Public uses.
(2) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(3) 
Permitted accessory uses shall be as follows:
(a) 
Parking areas, loading areas, trash and garbage collection areas.
(b) 
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.
(4) 
Conditional uses shall be as follows:
(a) 
Radio and communications towers.
(b) 
Billboards in FTZ-1. 3, and 4 in accordance with the standards set forth in § 550-95H.
[Added 7-25-2017 by Ord. No. 17-2017]
(5) 
Conditional use standards shall be as follows:
(a) 
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.
(6) 
Bulk regulations shall be as follows:
(a) 
Site disturbance shall be adjusted in accordance with the critical area provisions in § 550-39 of this chapter.
(b) 
For developments of 25 acres or more, the average lot size may be less than five acres. No lot shall be less than 100,000 square feet, and those lots less than five acres in size shall be developed so that the average lot size per tract shall not be less than five acres. No lot less than five acres shall be approved unless the application includes one or more lots greater than five acres to maintain the required average lot size. No lot less than five acres shall have less than 200 feet of street frontage on a street improved to Township specifications, and each lot shall be served by water, sewerage and drainage improvements, all improved to Township specifications. No lots of less than 250 feet frontage shall be permitted on a collector or major arterial road as shown on the Master Plan.
(c) 
Additional area, yard and bulk regulations shall be as follows:
Categories
I
II
III
Minimum lot area
5 to 49 acres
50 to 99 acres
100 acres and above
Maximum height
45 feet
60 feet
75 feet
Minimum lot width
250 feet
500 feet
1,000 feet
Minimum lot depth
250 feet
1,000 feet
2,000 feet
Principal building/structure setbacks*
Front yard
100 feet
140 feet
180 feet
Side and rear yard
50 feet
75 feet
100 feet
Accessory building structure setbacks**
Front yard
125 feet
150 feet
200 feet
Side and rear yard
25 feet
50 feet
175 feet
From principal building/structure
25 feet
50 feet
80 feet
Building coverage
N/A
N/A
N/A
Lot coverage***
60%
60%
60%
Floor area ratio
0.4
0.4
0.4
NOTES:
*
Any building or structure not exceeding the height restriction in Category I shall meet the setback standards of that category.
**
Any building or structure not exceeding the height restrictions of Categories I and II shall meet the setback standards of those respective categories.
***
Any building or structure or structures on a single lot having variable heights shall be required to meet the minimum lot line setbacks applicable to that height, in accordance with Categories I, II and III.
(d) 
See attached Schedule of Limitations.[11]
[11]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
G. 
FTZ: Foreign Trade Zone Special District. The Foreign Trade Zone consists of four districts as shown on the Zoning Map. The purpose of this overall zone is to make provision for the special needs of a Foreign Trade Zone and linked manufacturing, warehousing and office activities in a manner that will preserve important natural features and achieve superior design by offering flexibility in site layout and creating an attractive working environment with suitable community facilities, shops and transient accommodations.
(1) 
Permitted principal uses shall be as follows:
(a) 
FTZ-1, FTZ-2 and FTZ-3 Districts:
[1] 
The principal uses permitted in the G-1 Zone.
[2] 
Restaurants providing table and/or counter service and primarily oriented and designed to serve businesses, employees and business visitors in the area of the Foreign Trade Zone Special District.
[3] 
Public uses.
[4] 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(b) 
FTZ-4 District:
[1] 
The principal uses permitted in the G-I, C-1 and C-2 Zones.
[2] 
Planned unit residential development in accordance with the standards in Subsection G(7).
[Added 12-19-2017 by Ord. No. 24-2017]
(2) 
Permitted accessory uses shall be as follows:
(a) 
Parking areas, loading areas, trash and garbage collection areas.
(b) 
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.
(c) 
Outdoor dining, subject to the design and performance standards set forth in § 550-77.1.
[Added 10-17-2017 by Ord. No. 21-2017]
(3) 
Conditional uses shall be as follows:
(a) 
FTZ-1, FTZ-2 and FTZ-3 Districts:
[1] 
The uses permitted as principal uses or conditional uses, except billboards which are subject to the requirements set forth below, in the C-1 and C-2 Zones, provided that such uses serve as support uses to the FTZ-1, FTZ-2 and FTZ-3 uses. All such uses are subject to the provisions of § 550-14 and the conditional use standards applicable to the C-1 and C-2 Zone Districts in § 550-103A(3)(a) and (b) and (4). In the FTZ-1 and FTZ-3 Districts, such uses shall only be permitted along collector streets. Restaurants shall not be subject to the collector street requirement.
[Amended 7-25-2017 by Ord. No. 17-2017]
[2] 
Commercial radio and communications towers.
(b) 
FTZ-4 District:
[1] 
The uses permitted as conditional uses in the C-1 and C-2 Zones, provided that such uses serve as support uses to the FTZ-4 District uses. All such uses are subject to the provisions of §§ 550-14 and 550-103A(3)(a) and (b) and (4).
[2] 
Commercial radio and communications towers.
(c) 
Billboards in the FTZ-1. 3, and 4 Districts in accordance with the standards set forth in § 550-95H.
[Added 7-25-2017 by Ord. No. 17-2017]
(4) 
Conditional use standards shall be as follows:
(a) 
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) 
See attached Schedule of Limitations.[12]
[12]
Editor's Note: The Schedule of Limitations is included as an attachment to this chapter.
(b) 
Site disturbance shall be adjusted in accordance with the critical area provisions in § 550-39 of this chapter, except that in the FTZ-4 District, the total floor area shall not exceed 4,138,700 square feet.
(c) 
Parking structures shall not be included in the calculation of floor area ratio.
(d) 
In the FTZ-1, FTZ-3 and FTZ-4 Districts, a minimum front yard of one foot for each two feet of building height shall be provided, but not less than 50 feet shall be provided on collector streets, and not less than 25 feet shall be provided on interior streets; and a minimum setback of 25 feet shall be provided along all zoning district boundaries.
(e) 
In all subdistricts, a minimum setback of 75 feet shall be provided along Routes 80, 46 and 206. These required front yards or setbacks from major highways shall be landscaped with grass or ground cover, trees and shrubs and may be crossed with access drives and include parking areas landscaped in accordance with § 550-56 of this chapter provided that no parking shall be located within 25 feet of a street line.
(f) 
In the FTZ-1 or FTZ-3 Districts, where a plan is submitted for the development of two or more contiguous parcels as a unit, the Planning Board, in its site plan review, may waive or reduce side or rear yard requirements either to allow buildings not more than two stories in height on adjoining parcels to share a party wall along their common lot line or, in the case of buildings which do not share a party wall, to allow better and more flexible siting of the buildings than would otherwise be possible while maintaining adequate separation in line with the intent of the yard regulations. Such development plans may also provide for common parking facilities, access drives and landscaped open space.
(g) 
In the FTZ-1 and FTZ-3 Districts, where access requirements so restrict the depth or width of a lot that a five-acre minimum lot size would require the lot's other dimension to be more than twice the restricted dimension, the required lot area may be reduced so that the other dimension need not be more than twice the restricted dimension. If lot width is two times or greater than lot depth, then front yard setback of 25 feet from a collector street shall be permitted, provided that no parking stall shall be allowed in the front yard of the building. Lots of less than five acres are subject to lot size averaging as provided in Subsection G(5)(i) following.
(h) 
In the FTZ-1 and FTZ-3 Districts, lot size averaging will be permitted for lots accommodating office or industrial uses on development tracts of 25 acres or more. Under the lot size averaging provisions, individual lots may have less than the minimum area required by the minimum lot size provisions but in no case less than 2.0 acres. Other lots will then be required to have greater areas than required by the minimum lot size provisions to balance those with lesser areas. In no event shall the total number of lots for development be increased so that it exceeds the number permitted by the applicable provisions of the bulk regulations set forth in the Schedule of Limitations.
(i) 
Lot coverage and, where applicable, floor area ratios may be averaged within each district. The purpose is to permit flexibility in the siting of buildings in order to take advantage of topographical conditions, to achieve better design relationships of buildings and open spaces and to preserve important natural features. Therefore, the maximum permitted lot coverage and maximum permitted floor area ratio, as stated in the Schedule of Limitations, may be applied to the tract as a whole, provided that such tract is located within one FTZ District, subject to the following limitations:
[1] 
In the FTZ-1 and FTZ-3 Districts, each lot of less than five acres shall have at least 20% of its area uncovered and either landscaped or maintained in its natural state, and each lot of five acres or more shall have at least 40% of its area uncovered and either landscaped or maintained in its natural state.
[2] 
In the FTZ-3 District, the floor area ratio on any one lot shall not exceed 0.6.
[3] 
Existing rights-of-way shall not be counted as lot area when calculating lot coverage.
[4] 
All lot coverage and/or floor area ratio averaging for each development plan submitted shall summarize the provisions in table or map form; prior lot sizes and floor area ratio averaging for each lot shall be indicated for the district where allowance or transfer have been permitted, and such map or table shall be recorded with the County Clerk.
(6) 
Special regulations.
(a) 
In all subdistricts, notwithstanding the provisions of § 550-56, where either the lot size is greater than 7.5 acres or the gross floor area to be built on an individual lot is greater than 90,000 square feet, 1/3 of the required parking spaces may be located more than 300 feet from the entrance of the building being served if there is adequate provision for circulation between parking facilities and building entrances.
(b) 
The Planning Board may, at the request of an applicant in the Foreign Trade Zone Special District, agree that the requirements of § 550-28 relating to environmental impact reports may be satisfied by the applicant's preparation of one or more comprehensive, generic or topical environmental impact reports; or a combination thereof, for the whole or part of the special district.
[1] 
Such reports may be prepared at any time prior to final site plan application or approval. If any such impact reports are prepared and approved, the Planning Board shall waive any further environmental impact report requirement which would otherwise be necessary in connection with individual site plan applications and approvals within the area covered by such reports, provided that all appropriate environmental issues have been addressed. Where there are significant environmental issues attendant to the development of an individual parcel which have not been addressed in such reports, the applicant shall submit, at the time of applying for final site plan approval, such supplemental information as is necessary to describe and assess previously undescribed significant issues.
[2] 
For those projects in the Foreign Trade Zone Special District which require compliance with federal or state environmental impact statement or report laws or regulations, materials prepared pursuant thereto shall be submitted to the Planning Board and, upon formal acceptance thereof, the requirements for environmental impact reports related to the matters covered therein shall be waived.
[3] 
The terms "comprehensive," "generic" and "topical" are commonly used in environmental law and, for the purposes of this chapter, have the following meanings:
[a] 
"Comprehensive environmental impact reports" describe all of the specific impacts which can reasonably be anticipated from a group of individual buildings, actions or uses of property or buildings.
[b] 
"Generic environmental impact reports" describe the general impacts of similar kinds of buildings or structures (e.g., warehouses, manufacturing plants or offices).
[c] 
"Topical environmental impact reports" describe conditions and impacts related to specific environmental issues (e.g., air or water pollution, soil conservation or wildlife issues).
(c) 
All area lighting shall be provided in accordance with § 550-53 entitled "Lighting" except that the light source may exceed a height of 18 feet but may not exceed a height of 30 feet and that in the FTZ-1 and FTZ-2 Districts, the maximum light intensity provided at the ground level may exceed the average maximum of 0.5 footcandle over the entire area but may not exceed two footcandles within 50 feet of buildings and one footcandle in all other areas.
(7) 
Planned unit residential development.
[Added 12-19-2017 by Ord. No. 24-2017]
(a) 
A planned unit residential development is intended to provide a range of residential uses on a single tract in accordance with a comprehensive plan with regard to the location of uses, buildings, parking, open space, vehicle and pedestrian circulation and related site improvements, and to further encourage creative and innovative design while also providing flexibility in terms of how uses/buildings shall visually relate to each other as well as the overall landscape.
(b) 
The minimum tract area for a planned unit residential development shall be 50 acres and may contain contiguous or noncontiguous lands.
(c) 
Any developer seeking approval of a planned unit residential development may, but is not required to, submit a general development plan to the Planning Board. If a developer files a general development plan, then the Planning Board shall approve such plan prior to the filing of an application seeking preliminary major subdivision or preliminary site plan approval pursuant to this chapter. A general development plan submission shall be in accordance with the requirements established herein.
(d) 
Permitted principal residential uses within a planned unit residential development shall be as follows:
[1] 
Single-family detached dwellings.
[2] 
Townhouses.
[3] 
Stacked townhouses/flats.
[4] 
Apartment/multidwelling units.
(e) 
Permitted accessory uses within a planned unit residential development shall be as follows:
[1] 
Recreational, social and communal facilities for the exclusive use of residents and guests.
[2] 
Active and passive outdoor recreation facilities.
[3] 
Off-street parking areas.
[4] 
Gatehouses.
[5] 
Individual and common mailboxes.
[6] 
Signage.
[7] 
Enclosed trash and recycling storage areas.
[8] 
Patios and decks.
(f) 
Conditional uses within a planned unit residential development shall be as follows:
[1] 
None.
(g) 
Mandatory affordable housing provision.
[1] 
A planned unit residential development 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 and 13% shall be for very-low-income.
[2] 
The applicant/developer may elect to locate the required low- and moderate-income units on a separate lot or lots pursuant to site plan and subdivision approval by the Planning Board.
(h) 
Overall development standards.
[1] 
Residential density. Residential density, inclusive of both market and low- and moderate-income units, shall not exceed six units per gross acre. For purposes of computing residential density, all lands within the planned unit residential development tract area shall be counted, including any lands set aside as open space, whether dedicated to public use or not.
[2] 
A required buffer of no less than 100 feet shall be provided to the Morris Canal. No disturbance shall be permitted within said buffer area, except for open space use and/or utilities, including subsurface stormwater management facilities, necessary to serve the development subject to Planning Board review and approval.
[3] 
Open space shall comprise at least 40% of all lands within the planned unit residential development tract area. Open space may be set aside as common property for the benefit of the residents or may be dedicated to the municipality. Open space may include athletic fields, other active recreational facilities, walking and/or biking trails and passive recreation designed to the extent practical to preserve and enhance natural site features. Access drives, parking areas and any other facilities customarily incidental to open space use are permitted as part of the required open space component subject to Planning Board review and approval.
[4] 
Infrastructure improvements. The Planning Board shall reserve the right to require on-tract and off-site road improvements to ensure safe and efficient ingress and egress to the planned unit residential development. All internal residential streets shall be designed in accordance with N.J.A.C. 5:21-1.1 et seq., Residential Site Improvement Standards.
[5] 
Utilities. A planned unit residential development shall be served by a central water and sanitary sewerage system. All utility lines shall be installed underground in accordance with this chapter.
[6] 
Phasing. Nothing contained herein shall preclude the phasing of any section of the planned unit residential development which shall include phasing plan for affordable units as established herein.
[7] 
Subdivision. Nothing contained herein shall preclude a developer from seeking subdivision approval for purposes of allowing separate ownership and/or financing of lands within the planned unit residential development.
[8] 
There shall be no required lot area dimensional requirements and no required internal setback requirements to lot lines in connection with any future subdivision within the planned unit residential development other than as may be established herein.
[9] 
The Planning Board may reduce any tree replacement requirements pursuant to § 550-75 as a means of reducing costs for inclusionary housing development consistent with the New Jersey Fair Housing Act, N.J.S.A. 52:27D-311.
(i) 
Residential development standards.
[1] 
The planned unit residential development shall contain a mix of two or more of the following unit types: single-family detached dwellings, townhouses, stacked townhouses/flats and apartments/multidwelling units. The coverage requirements established below shall apply to the land area within the planned unit residential development devoted to each residential type, except that for single-family detached dwellings such coverage requirements shall apply to individual lots. Townhouses may be developed on a fee simple basis, in which case there shall be no separate dimensional, setback or coverage requirements for individual lots.
[2] 
Single-family detached dwellings.
[a] 
Minimum lot area: 6,000 square feet.
[b] 
Minimum lot width and frontage: 55 feet.
[c] 
Minimum lot depth: 100 feet.
[d] 
Minimum front yard setback: 20 feet; with open porch permitted within 15 feet of the front lot line.
[e] 
Minimum side yard (each): 7.5 feet.
[f] 
Minimum rear yard: 25 feet.
[g] 
Maximum building coverage: 35%.
[h] 
Maximum lot coverage: 60%.
[i] 
Maximum building height: 40 feet.
[3] 
Townhouse dwellings.
[a] 
Townhouse dwellings shall not exceed eight units in one overall structure.
[b] 
Minimum setback to Continental Drive: 50 feet.
[c] 
Minimum setback to internal street: 15 feet.
[d] 
Minimum setback to other tract boundaries: 30 feet.
[e] 
Maximum building height: 50 feet.
[f] 
Maximum building coverage: 25%.
[g] 
Maximum lot coverage: 60%.
[h] 
Minimum distance between end unit to end unit: 20 feet.
[i] 
Minimum distance between rear of unit to rear of unit: 50 feet, exclusive of rear decks/patios which may extend into this area.
[j] 
Minimum distance between front of unit to front of unit: 50 feet.
[4] 
Stacked flats/townhouses.
[a] 
Stacked flats/townhouses shall not exceed 24 units in one overall structure.
[b] 
Minimum setback to public street: 50 feet.
[c] 
Minimum setback to internal street: 25 feet.
[d] 
Minimum setback to other tract boundary: 30 feet.
[e] 
Maximum building height: 50 feet.
[f] 
Maximum building coverage: 25%.
[g] 
Maximum lot coverage: 60%.
[h] 
Minimum distance between end unit to end unit: 20 feet.
[i] 
Minimum distance between rear of unit to rear of unit: 50 feet, exclusive of rear decks/patios which may extend into this area.
[j] 
Minimum distance between front of unit to front of unit: 50 feet.
[5] 
Apartment/multidwelling unit buildings.
[a] 
Apartment/multidwelling unit buildings shall not exceed 36 units in one overall structure. Existing buildings within the FTZ-4 District as of November 2017 may have more than 36 units within one overall structure subject to compliance with gross density standards of the district.
[b] 
Minimum setback to public street: 50 feet.
[c] 
Minimum setback to internal street: 25 feet.
[d] 
Minimum setback to other tract boundaries: 30 feet.
[e] 
Maximum building height: 50 feet excluding existing buildings within the FTZ-4 District as of November 2017.
[f] 
Maximum building coverage: 25%.
[g] 
Maximum lot coverage: 60%.
[h] 
Minimum distance between rear of unit to rear of unit: 50 feet.
[6] 
Setbacks from tract boundaries for accessory buildings and structures. The minimum setbacks for accessory buildings and structures shall be as follows:
[a] 
Recreation facilities shall maintain a minimum distance of 50 feet from all tract boundaries.
[b] 
Individual or group mailboxes may be permitted within one foot of the curb.
[c] 
Signage as established below.
[d] 
A gatehouse shall maintain a minimum distance of 40 feet from a public street.
[7] 
Minimum off-street parking requirements. 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.)
[8] 
Pedestrian circulation network. 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 requirement 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 and shall provide for the following:
[a] 
Street trees shall be installed on both sides of all streets planted at an average distance not to exceed 40 feet on-center.
[b] 
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] 
Development signs. Development signage may be permitted subject to the following standards:
[a] 
Development identification signs shall be limited to no more than three monument signs. The maximum height of an entire monument sign structure shall not exceed 12 feet from grade. The maximum sign area shall not exceed 60 square feet. No part of the sign shall have internal illumination. A development identification sign shall maintain a minimum setback of 10 feet from a public street or tract boundary.
[b] 
A maximum of six directional signs may be permitted within the planned unit residential development. The maximum sign area per sign shall not exceed four square feet and shall not exceed a mounting height of four feet. Directional signs shall have no internal or external means of illumination. Directional signs shall not be located in any public right-of-way. The location shall be subject to Planning Board approval.
[11] 
Trash storage area. Trash and recycling receptacles shall be stored internally within all residential and recreational buildings except for the time period necessary to make such containers available for collection. Trash and recycling receptacles are permitted 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.
[12] 
Phasing plan.
[a] 
A phasing plan for the low- and moderate-income units shall be provided at the time of preliminary site plan and/or subdivision approval 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%
[13] 
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 this chapter.
(j) 
Findings for planned unit residential development. Prior to approving a planned unit residential development, the Planning Board shall render the following findings and conclusions pursuant to N.J.S.A. 40:55D-45:
[1] 
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65;
[2] 
That the proposals for maintenance and conservation of the common open space, and the amount, location and purpose of such open space, are adequate;
[3] 
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
[4] 
That the proposed planned unit residential development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
[5] 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupant and owners of the proposed development in the total completion of the development are adequate.
(k) 
General development plan.
[1] 
Contents. If the developer chooses to submit a general development plan to the Planning Board, said general development plan (exclusive of required reports and other written documentation) shall be submitted at a scale of approximately one inch equals 200 feet, or such scale permitting the entire tract to be shown on a single sheet not larger than 30 inches by 42 inches. Enlargement of portions of the general development plan may be submitted on separate sheet of the same size. A general development plan shall include the following:
[a] 
A general land use plan indicating the tract area and locations of the land uses to be included in the planned unit residential development. The total number of dwelling units permitted and proposed and proposed land area to be devoted to residential and open space use shall be set forth. In addition, the land area to be occupied by each proposed use shall be estimated. The density of the entire planned unit residential development shall be provided.
[b] 
A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned unit residential development and any proposed improvements to the existing transportation system outside the planned unit residential development.
[c] 
An open space plan showing the proposed land area and location of land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan of the operation and maintenance of such lands.
[d] 
A utility plan indication the need for and showing the proposed location of sewage and water lines, and drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities.
[e] 
A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site.
[f] 
An environmental inventory, including a general description of the vegetation, soils topography, geology, surface hydrology, climate and cultural resources of the site, existing manmade structures or features and the probable impact of the development on the environmental attributes of the site.
[g] 
A community facility plan indicating the scope and type of supporting community facilities.
[h] 
A housing plan outlining the number of housing units to be provided and the extent to which any affordable housing obligation assigned to the municipality pursuant to the New Jersey Fair Housing Act of 1985 (as amended) will be fulfilled by the development.
[i] 
A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal.
[j] 
A fiscal report describing the anticipated demand on municipal services and the school district to be generated by the planned unit residential development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection G(7)(k)[1][x] below, and following the completion of the development in its entirety.
[k] 
A proposed timing scheduling in the case of a planned unit residential development whose construction is contemplated over a period of years, including the number of market and affordable dwelling units to be included in each development phase, and any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned unit residential development prior to the completion of the development in its entirety, and
[l] 
A written agreement between the developer and the Township relating to the planned unit residential development.
[2] 
Effect and duration of approval.
[a] 
The planned unit residential development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of N.J.S.A. 40:55D-1 et seq., or of any ordinance or regulation adopted pursuant thereto after the effective date of the approval. The general terms and conditions upon which the general development plan was granted, including but not limited to on-site or off-site requirements, shall not be changed, unless application for modification is made by the developer and approved by the Planning Board pursuant to the requirements of this section.
[b] 
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection G(7)(k)[2][c] below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer received final approval of the first section of the planned unit residential development.
[c] 
In making its determination regarding the duration of the effect of approval of the general development plan, the Planning Board shall consider: the number of dwelling units to be constructed; prevailing economic conditions; the timing schedule to be followed in completing the development and the likelihood of its fulfillment; the developer's capability of completing the proposed development; and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.
[3] 
Modification of proposed schedule. In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units within the Township and the region, and the availability and capacity of public facilities to accommodate the proposed development.
[4] 
Variations in location of land uses or increase in density. The developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned unit residential development or to increase the density of residential development in any section of the planned unit residential development.
[5] 
Amendment or revision of general development plan; allowable reductions within original approval.
[a] 
Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer and approval by the Planning Board.
[b] 
A developer, without violating the terms of the general development plan approval, may, in undertaking any section of the planned unit development, reduce the number of residential units by no more than 15% or reduce the residential density floor area ratio by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et al.) without prior approval.
[6] 
Notice of completion of section of development; notice by municipality of nonfulfillment; hearing, termination of approval; causes.
[a] 
Upon completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purposes of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan and pursuant to Section 15 of the State Uniform Construction Code Statute (N.J.S.A. 52:57D-133). If the Township does not receive such notification at the completion of any section of the development, the Township shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
[b] 
If at any time the Township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Township shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The Township thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Township finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.
[c] 
In the event that a developer who has general development plan approval does not apply for preliminary site plan approval for the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the Township shall have cause to terminate the approval.
[7] 
Termination of approval upon completion of development. In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.
H. 
M Mining District. The purpose of this district is to allow present mining to continue as a permitted use rather than as a nonconforming use. This zoning district recognizes the unique operations within the Township due to the presence of natural resources suitable for mining but, at the same time, recognizes the unique necessity for public regulations brought about by the existence and excavation of these natural resources and their processing in those areas which are currently being actively mined and used for processing.
(1) 
Permitted principal uses shall be as follows:
(a) 
Mining.
(b) 
The processing of material mined.
(c) 
Public uses.
(d) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(2) 
Permitted accessory uses shall be as follows:
(a) 
Customary accessory uses such as truck parking, open storage of the raw materials, storage buildings, guardhouses, screening, milling, mixing and batching.
(3) 
Conditional uses shall be as follows:
(a) 
Commercial radio and communications towers.
(4) 
Conditional use standards shall be as follows:
(a) 
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 100 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 maximum building and structure height shall be 50 feet.
(b) 
Upon termination of a mining operation, the property shall be left in a condition where no dangerous holes or other hazards exist and so that there is proper drainage to prevent the accumulation of stagnant water on the property.
(c) 
Mining is subject to the provisions of § 550-60 of this chapter, which provides for licensing and regulation of quarrying within the Township.
I. 
Professional/business zone.[13]
[Added 10-24-2000 by Ord. No. 40-2000[14]]
(1) 
Purpose.
(a) 
The purpose of the Professional Business Zone district is to allow for development and redevelopment of those properties situated along the westbound lanes of U.S. Highway 46 between the intersection of Netcong Road and Route 46 to the east and the intersection of Cove Street and Route 46 to the west. The Professional Business Zone is designed to promote appropriate development and redevelopment opportunities within this one-mile corridor in recognition of the requirements for appropriate access to state highways pursuant to N.J.S.A. 40:55D-38b(10). The Professional Business Zone also recognizes the unique character of this district as it adjoins established residential neighborhoods in the Budd Lake section of the Township.
(b) 
The Professional Business Zone is created to promote a new land use pattern which does not intrude upon the established residential neighborhoods in its intensity of activity and scale of buildings or structures. Site improvement standards within the District will serve to provide better traffic circulation on and off the highway, will reduce impervious coverage thereby reducing stormwater runoff and nonpoint source pollution at discharge points.
(c) 
The Professional Business Zone implements an objective of the Master Plan Reexamination Report adopted by the Mount Olive Planning Board on September 28, 1995, wherein modification to the existing commercial zoning was recommended.
(2) 
Definitions. As used in this subdivision, the following terms shall have the meanings indicated:
BARBER SHOPS, BEAUTY SALONS AND NAIL SALONS
A place of business engaged in the practice of barbering (barber shop), hair styling and related cosmetic services (beauty salon) and manicures, pedicures and related services (nail salons) each operated by a licensed and/or properly certified provider.
MEDICAL OFFICES
An office or offices for the practice of general or specialized medicine by licensed practitioners having one or more of the following qualifications: Degree of M.D. (Doctor of medicine), D.O. (Doctor of osteopathy), D.D.S. (Doctor of dental surgery), D.D.Sc. (Doctor of dental science), D.C. (Doctor of chiropractic), O.D. (Doctor of optometry) and D.P. (Doctor of podiatry).
OFFICES FOR PROFESSIONAL, SCIENTIFIC AND TECHNICAL SERVICES
The range of permitted uses in this category shall be those professional, scientific and technical services engaged in the practice of law, real estate and appraisal services, accounting, architecture, landscape architecture, engineering, land use planning, interior design, land surveying, graphic design, computer systems design and consulting, marketing and sales management services, administrative management, human resources consulting, environmental consulting services and advertising and public relations services, where there is a question of interpretation of said categories, the definitions herein shall be consistent with the descriptions presented in the appropriate sectors contained in North American Industry Classification System, United States, 1997, Office Of Management And Budget, Sector 54 - Professional, Scientific, and Technical Services.
SATELLITE PARKING LOT
An off-street, surfaced facility, limited to ground level parking spaces only and improved to the standards of this subsection and § 550-56 of this chapter reserved exclusively for those permitted principal and conditional uses within the district.
SHARED PARKING
The joint use of a parking area by two or more permitted principal or conditional uses in the zone district.
(3) 
Principal permitted uses.
[Amended 5-8-2001 by Ord. No. 10-2001]
(a) 
Offices for professional, scientific and technical services.
(b) 
Medical offices.
(c) 
Barbershops, beauty salons and nail salons.
(d) 
Child-care centers in accordance with N.J.S.A. 30:5B-1 et seq.
(e) 
Public uses as defined in § 550-5.
(f) 
Antennas for wireless telecommunications services.
[Added 10-27-2009 by Ord. No. 22-2009]
(4) 
Accessory uses.
(a) 
Parking areas (as distinct from parking lots; see conditional uses).
(b) 
Loading areas.
(c) 
Trash and recycling collection structures.
(d) 
Freestanding signs.
(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.
(5) 
Conditional permitted uses.
(a) 
Residential apartments. Permitted in existing and new buildings with limit of one per lot. Trash and recycling collection must be handled privately in conjunction with shared office or commercial use on site. Off-street parking for one vehicle shall be provided. Said space may be shared with nonresidential component of site, subject to Planning Board approval.
(b) 
Satellite parking lots. Must serve one or more permitted uses within zone district, provide complete screening along sides and rear of lot and have suitable buffer along front lot area, subject to Planning Board approval. Site plan approval for a satellite parking lot shall be conditioned upon a transportation plan acceptable to the Planning Board whereby patrons of the facility are provided safe and convenient transport via sidewalks, shuttle service or similar mechanism to and from the intended destination within the district.
[Amended 5-8-2001 by Ord. No. 10-2001]
(c) 
Parking lots under this section must comply with all bulk requirements of the zone district and be in compliance with the design standards of § 550-56. Provision for security, ice and snow removal, lighting, landscaping and general maintenance of a satellite parking lot shall be the responsibility of the owner/operator. The appropriate legal mechanisms to satisfy said responsibilities shall be submitted at the time of site plan review for approval by the Planning Board. There shall be a limit of two satellite parking lots within the district. Overnight parking shall be prohibited.
[Amended 5-8-2001 by Ord. No. 10-2001]
(d) 
Billboards in accordance with the standards set forth in $550-95H.
[Added 7-25-2017 by Ord. No. 17-2017]
(6) 
Bulk standards.
(a) 
Lot area.
[1] 
Minimum lot area: one acre.
[2] 
Minimum lot width: 200 feet.
[3] 
Minimum lot depth: 100 feet.
(b) 
Standards for principal building and/or structure.
[1] 
Front yard: 40 feet.
[2] 
Side yard (each): 25 feet.
[3] 
Rear yard: 30 feet.
(c) 
Additional standards.
[1] 
Maximum height of building/structure: 25 feet.
[2] 
Maximum building coverage: 15%.
[3] 
Maximum lot coverage: 40%.
[4] 
Maximum floor area ratio: 0.15.
(d) 
Standards for accessory use, building and/or structure. No accessory use, building or structure shall be located in a front, side or rear yard set back.
(e) 
Exceptions.
[1] 
Side yard restrictions for parking areas may be reduced up to a zero lot line configuration to allow for shared parking, subject to Planning Board approval.
[2] 
The Planning Board may permit parking areas within a portion of the rear yard setback where a minimum distance of 25 feet from the rear lot line is maintained. An enhanced buffer shall be provided to provide year-round screening, subject to Planning Board approval. The option to utilize a portion of the rear yard setback shall be reserved to circumstances where it is demonstrated that the minimum parking requirements cannot be satisfied within the prescribed areas of the site or where the alternate design will result in a safer and more efficient circulation pattern. The reduced setback option is not to be used to provide parking in excess of the requirements of this section.
[Amended 5-8-2001 by Ord. No. 10-2001]
[3] 
Freestanding signs in conformance with the standards of this subsection may be located within the front yard setback. All signs shall provide a minimum setback distance of 10 feet from the front lot line.
[4] 
Trash and recycling containers may be located within a side yard setback where a minimum distance of 10 feet to the lot line is maintained where it can be demonstrated that said facilities cannot be situated within the prescribed area due to lack of proper access by service vehicles or where same interferes with safe and efficient circulation within the site. Where this reduced setback is used, the containers must be mounted on a concrete surface and fully enclosed with solid fencing or masonry walls or a combination of both.
[5] 
Ingress and egress driveways perpendicular to the public road are permitted to traverse through the front yard setback. Access lane(s) designed to run parallel with the public road across the interior of the site may be permitted within the front yard setback with a minimum distance of 15 feet to the front lot line to promote safe and efficient vehicular circulation, subject to a favorable recommendation by the Township Engineer. An appropriate year-round landscape buffer shall be provided with a minimum planting height of four feet along the entire frontage exclusive of sight triangles.
(7) 
(Reserved)[15]
[15]
Editor's Note: Subsection 1(7), Signs, was repealed 11-13-2012 by Ord. No. 35-2012. See § 550-95B(2), concerning signs for commercial uses.
(8) 
Buffer requirements.
(a) 
Site plan approval shall include a buffer requirement between the lot(s) in the Professional Business Zone and the adjacent residential zone district. The buffer area shall provide a year-round screen to reduce off-site glare, noise and other nuisance characteristics as well as to enhance the environment and ecology of the site and the surrounding areas. The buffer area shall be not less than 30 feet in width and shall extend the entire length of the lot except for site plan approval in accordance with Subsection I(6)(e)[2]. No buildings, structures or other improvements except those required to accomplish the buffer standards shall be permitted in the designated buffer area.
(b) 
Said buffer area shall consist of existing vegetation or one created by the use of trees, shrubs, fences, decorative walls and/or landscaped berms to continuously limit views of and sound from the Professional Business Zone lot to adjacent residential properties. The buffer plan shall be created by a licensed landscape architect, and the Planning Board shall reserve the right to determine which method satisfies the requirements of this subsection.
(c) 
Buffer areas shall be clearly delineated on a site plan. Failure to maintain the buffer area to the approved standards shall constitute a violation of this subsection and shall be subject to enforcement provisions of this chapter.
(9) 
Parking requirements. Minimum parking requirements in the Professional Business Zone shall be as follows:
(a) 
Offices for professional, scientific and technical services: three spaces per 1,000 square feet of gross floor area.
(b) 
Medical offices: one space per 300 square feet gross floor area.
(c) 
Barber shops, beauty salons and nail salons: three spaces per operator station/chair.
(d) 
Home occupation: as required per § 550-5.
(e) 
Child-care centers: one space per 650 square feet.
(f) 
Public uses: to be determined at time of site plan review.
(g) 
Residential apartments: one space per apartment (may be shared with nonresidential component of site, subject to Planning Board approval).
(h) 
Satellite parking lot: maximum number of spaces in accordance with all bulk and design standards of this subsection and § 550-56.
(10) 
Site lighting.
(a) 
All site lighting shall conform to the maximum height limit of 18 feet for both pole-mounted and wall-mounted fixtures.
(b) 
All fixtures shall be designed to direct light source in a downward direction and shall be equipped with back shields to prevent glare.
(c) 
Floodlights mounted on utility poles or other appurtenances shall be prohibited.
(d) 
All site lighting, with the exception of minimum illumination required for security purposes, shall be off between the hours of 11:00 p.m. and 7:00 a.m.
(11) 
Where a structure is approved having a flat roof, all mechanical equipment situated thereon shall be screened in all directions with appropriate material to conceal any view of such equipment and to ensure compliance with the noise control regulations contained in Chapter 266 of the Township Code. Notwithstanding § 550-83 of this chapter, screening and/or facade elevations to provide same shall be considered as part of the principal building/structure's height for purposes of maximum limits permitted in the zone district.
[Amended 5-8-2001 by Ord. No. 10-2001]
(12) 
Loading area. Notwithstanding the requirements of § 550-56E(2), a designated off-street loading space of 10 feet in width and 20 feet in length may be permitted.
(13) 
Pedestrian circulation. Provision shall be made for the safe movement of pedestrians within the interior of the site and along the highway frontage of a lot subject to site plan review.
[13]
Editor's Note: The title of this subsection was changed from "Professional/commercial zone" to "Professional/business zone" 10-28-2014 by Ord. No. 22-2014.
[14]
Editor's Note: Section 4 of this ordinance reads as follows: "Section 4. The design elements and site improvements contained in this ordinance shall not be applied retroactively to existing developed properties within the new zone district unless said property or properties are subject to site plan review in accordance with the requirements of Chapter 400, Land Use."
J. 
[16]AR: Active Recreation Zone District. The purpose of this district is to provide for a new zone district for active recreational facilities.
[Added 11-23-2010 by Ord. No. 28-2010]
(1) 
Permitted principal uses shall be as follows:
(a) 
Swimming pools, both indoor and outdoor.
(b) 
Health clubs.
(c) 
Facilities within an enclosed building with suitable acoustical construction so as to abate noise beyond the interior of the building accommodating training and playing of sports such as tennis, basketball, baseball, softball, volleyball, handball courts, and skateboarding.
(d) 
Child-care centers pursuant to N.J.S.A. 40:55D-66.6.
(2) 
Permitted accessory uses shall be as follows:
(a) 
Retail sales limited to no more than 1,000 square feet.
(b) 
Showers and locker rooms.
(c) 
Party areas limited to no more than 50 participants.
(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) 
None.
(4) 
Bulk regulations shall be as follows:
(a) 
Minimum lot area: five acres.
(b) 
Minimum lot width: 250 feet.
(c) 
Minimum lot depth: 250 feet.
(d) 
Minimum front yard setback (principal and accessory building or structure): 75 feet.
(e) 
Minimum side yard setback (principal and accessory building or structure): 25 feet; 100 feet contiguous to residential zone district or residential dwelling.
(f) 
Minimum rear yard setback (principal and accessory building or structure): 25 feet.
(g) 
Accessory buildings and structures: setbacks to principal building: 10 feet.
(h) 
Maximum building coverage: 20%.
(i) 
Maximum lot coverage: 50%.
(j) 
Maximum height of principal building or structure: 40 feet.
(k) 
Maximum height of accessory building or structure: 15 feet.
(l) 
Maximum floor area ratio: 0.2.
[16]
Editor's Note: This subsection was adopted as § 550-101N, but was redesignated as § 550-103J 2-28-2017 by Ord. No. 6-2017.
K. 
[17]Professional/Commercial-2 Zone District. The purpose of the Professional/Commercial-2 Zone District is to allow for development and redevelopment of those properties situated along the westbound lanes of U.S. Highway 46 west of the intersection of the highway with Mine Hill Road compatible with commercial zoning to the south in Washington Township and to the west in Hackettstown.
[Added 11-23-2010 by Ord. No. 28-2010]
(1) 
Permitted principal uses shall be as follows:
(a) 
Detached residential dwellings.
(b) 
Offices for professional, scientific and technical services.
(c) 
Medical offices.
(d) 
Retail sales of goods and services.
(e) 
Restaurants.
(f) 
Child-care centers pursuant to N.J.S.A. 40:55D-66.6.
(2) 
Permitted accessory uses shall be as follows:
(a) 
Storage sheds.
(b) 
Trash and recycle container enclosure.
(c) 
Freestanding sign.
(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.
(a) 
None.
(4) 
Bulk regulations shall be as follows:
(a) 
Residential dwelling: Lot area and bulk standards of the R-1/Residential Zone District shall apply.
(b) 
Nonresidential uses.
[1] 
Minimum lot area: two acres.
(c) 
Minimum lot width: 200 feet.
(d) 
Minimum lot depth: 250 feet.
(e) 
Minimum front yard setback (principal and accessory building or structure): 50 feet.
(f) 
Minimum side yard setback (principal and accessory building or structure): 25 feet.
(g) 
Minimum rear yard setback (principal and accessory building or structure): 25 feet.
(h) 
Accessory buildings and structures: setbacks to principal building: 10 feet.
(i) 
Maximum building coverage: 20%.
(j) 
Maximum lot coverage: 50%.
(k) 
Maximum height of principal building or structure: 30 feet.
(l) 
Maximum height of accessory building or structure: 15 feet.
(m) 
Maximum floor area ratio: 0.15.
[17]
Editor's Note: This subsection was adopted as § 550-101O, but was redesignated as § 550-103K 2-28-2017 by Ord. No. 6-2017.