A.
Official Zoning Map.
(1)
The locations and boundaries of the zone districts of the Township
are hereby established as shown on the Zoning Map of the Township
of Middletown, New Jersey, which is hereby made a part of this Chapter,
together with all notations, references and designations shown thereon
and amended.[1]
[1]
Editor's Note: The Zoning Map, referred to herein, is included as an attachment to this chapter.
(2)
Authentication of Official Zoning Map. Subsequent to the adoption
of this chapter and any revisions to the Zoning Map and Schedule of
Area, Yard and Building Requirements, three copies of the Zoning Map
shall be authenticated by the Mayor's signature, and the seal of the
municipality, attested by the Township Clerk, under the following
certificate:
"I certify that this is the Official Zoning Map of the Township of Middletown, New Jersey, referred to in Chapter 540 of the Code of the Township of Middletown, New Jersey."
(3)
Maintenance of the Official Zoning Map. Authenticated copies of the Official Zoning Map shall be maintained in the office of the Township Clerk and Zoning Officer and shall be made available for public reference. Copies of all or a part of the Official Zoning Map may be produced for public distribution. One authenticated copy shall be forwarded to the Monmouth County Planning Board in accordance with § 540-312 and N.J.S.A. 40:55D-16. However, the original copy of the Official Zoning Map maintained in the office of the Township Clerk shall be the final authority as to the current status of zoning districts in the Township of Middletown.
(4)
Revision to the Official Zoning Map.
[Amended by Ord. No. 2001-2664; 3-18-2002 by Ord. No. 2002-2673; 3-17-2003 by Ord. No.
2003-2710; 6-16-2003 by Ord. No. 2003-2723; 2-17-2004 by Ord. No. 2004-2753; 2-17-2004 by Ord. No. 2004-2754; 2-17-2004 by Ord. No. 2004-2755; 4-7-2004 by Ord. No.
2004-2760; 7-19-2004 by Ord. No. 2004-2772; 12-6-2004 by Ord. No. 2004-2793; 12-6-2004 by Ord. No. 2005-2802; 3-21-2005 by Ord. No. 2005-2810; 7-18-2005 by Ord. No.
2005-2823; 8-1-2005 by Ord. No. 2005-2824; 8-15-2005 by Ord. No. 2005-2830; 3-5-2007 by Ord. No. 2007-2900; 5-21-2007 by Ord. No. 2007-2916; 7-20-2009 by Ord. No.
2009-2979; 11-16-2009 by Ord. No. 2009-2992; 2-16-2010 by Ord. No. 2010-2999; 11-21-2011 by Ord. No. 2011-3046]
(a)
When, in accordance with the provisions of this Chapter and
of state law, revisions are made in district boundaries or other matters
portrayed in the Zoning Map, such changes will not become effective
until the Zoning Map has been amended, with an entry bearing the date
of adoption, ordinance number, a brief description of the change(s)
and the name of the person responsible for the Zoning Map change.
(b)
Each revision shall be authenticated by the Mayor and attested by the Township Clerk in accordance with § 540-901A(2). Each ordinance amending the Official Zoning Map in any manner shall include the provision that it shall not take effect until the Official Zoning Map has been amended in accordance with these provisions.
(c)
No changes of any nature shall be made to the Official Zoning
Map except in conformity with the above procedure. Any unauthorized
changes to the Map or its contents by any person or persons shall
be considered a violation of this chapter.
(5)
Areas of special flood hazard. Pursuant to N.J.S.A. 40:55D-65e and 40:48-1 et seq., the following lands are hereby designated as areas of special flood hazard within the Township of Middletown for the purpose of administering and applying the development regulations and procedures of § 540-943 of this chapter.
[Amended 9-21-2009 by Ord. No. 2009-2989]
(a)
Basis for establishing the areas of special flood hazard.
[1]
The areas of special flood hazard for the Township of Middletown,
Community No. 340313, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
[Amended 6-4-2018 by Ord.
No. 2018-3221]
[a]
A scientific and engineering report "Flood Insurance
Study, Monmouth County, New Jersey (All Jurisdictions)," whose effective
date is June 20, 2018.
[b]
Flood Insurance Rate Map for Monmouth County, New
Jersey (All Jurisdictions), as shown on index and panel(s) 34025C0034F,
34025C0042F, 34025C0044F, 34025C0055F, 34025C0060F, 34025C0061F, 34025C0062F,
34025C0063F, 34025C0064F, 34025C0066F, 34025C0067G, 34025C0068F, 34025C0069F,
34025C0080F, 34025C0086G, 34025C0088G, 34025C0157F, 34025C0159F, 34025C0176F,
34025C0177F, 34025C0178F, 34025C0179F, 34025C0181F, whose effective
date is June 20, 2018.
[c]
Best available flood hazard data. These documents
shall take precedence over effective panels and FIS in construction
and development regulations only. Where the effective mapping or prelminary
base flood elevation conflict or overlap with the best available flood
hazard data, whichever imposes the more stringent requirement shall
prevail.
[2]
The above documents are hereby adopted and declared to be a
part of this chapter. The Flood Insurance Study and maps are on file
at Middletown Municipal Building, 1 Kings Highway, Middletown, New
Jersey 07748.
(b)
The Master Drainage Plan of Middletown Township, Volumes I through
VII, by T&M Associates, as amended and supplemented, is hereby
adopted by reference and made a part of this chapter.
(c)
In cases where there are conflicts between the two maps, the
more stringent shall apply.
(d)
Interpretation of FIRM boundaries. The Administrative Officer (Construction Official) shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 540-527N and O.
[Amended 4-15-2013 by Ord. No. 2013-3082; 6-4-2018 by Ord. No. 2018-3221]
B.
Interpretation of district boundaries.
(1)
Zone district boundaries are intended to follow streets, lots
or property lines, or other natural lines such as the center line
of watercourses, ditches or lagoons, unless such district or zone
boundaries are fixed by dimension on the Zoning Map or by description,
and shall include contiguous riparian lands subsequently acquired
and/or filled, and lands acquired by the accretion or stream diversion
by natural causes.
(2)
In constructing the Official Zoning Map, the following rules
shall apply:
(a)
Boundaries indicated as following the center lines of streets,
highways or alleys or streams, rivers or other bodies of water shall
be construed to follow such center lines.
(b)
Boundaries indicated as approximately following plotted lot
lines shall be construed as following such lot lines.
(c)
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
(e)
Where a zone boundary fixed by dimensions approximately follows
and is not more than 20 feet distant from a lot line, such lot line
shall be construed to be the zone boundary.
A.
The Township of Middletown is hereby divided into the following zoning
districts:
|
R-220
|
Rural Estate Residence Zone
| |
|
R-130
|
Rural Estate Residence Zone
| |
|
R-110
|
Rural Estate Residence Zone
| |
|
R-90
|
Low Density, Single-Family Residence Zone
| |
|
RR
|
Rural Residential Zone
[Added 11-21-2011 by Ord.
No. 2011-3046] | |
|
R-45
|
Low Density, Single-Family Residence Zone
| |
|
R-45A
|
Medium/Low Density, Single-Family Residence Zone
| |
|
R-30
|
Medium Density, Single-Family Residence Zone
| |
|
R-22
|
Medium Density, Single-Family Residence Zone
| |
|
R-22A
|
Medium Density, Single-Family Residence Zone
| |
|
R-15
|
Medium Density, Single-Family Residence Zone
| |
|
R-10
|
Medium Density, Single-Family Residence Zone
| |
|
RTF
|
Two-Family Residence Zone
| |
|
R-7
|
High Density, Single-Family Residence Zone
| |
|
R-5
|
High Density, Single-Family Residence Zone
| |
|
R-O
|
Residence and Office Zone
| |
|
B-1
|
Business Zone
| |
|
B-1A
|
Business Zone
| |
|
B-2
|
Business Zone
| |
|
B-3
|
Business Zone
| |
|
B/P
|
Business/Park Zone
| |
|
M-1
|
Light Industrial Zone
| |
|
MC
|
Marine Commercial Zone
| |
|
PRH
|
Public Recreation and Housing Zone
[Amended 7-18-2005 by Ord. No. 2005-2825] | |
|
R-1
|
Planned Adult Community Zone
| |
|
R-2
|
Planned Adult Community Zone
| |
|
RTH
|
Multifamily Townhouse Residential Zone
| |
|
RTH-1
|
Multifamily Townhouse Residential Zone
| |
|
RTH-2
|
Multifamily Townhouse Residential Zone
| |
|
RTH-3
|
Multifamily Townhouse Residential Zone
| |
|
RGA
|
Multifamily Garden Apartment Residential Zone
| |
|
RGA-1
|
Multifamily Garden Apartment Residential Zone
| |
|
RGA-2
|
Multifamily Garden Apartment Residential Zone
| |
|
RGA-3
|
Multifamily Garden Apartment Residential Zone
| |
|
RGA-4
|
Multifamily Garden Apartment Residential Zone
[Added 2-17-2004 by Ord.
No. 2004-2754] | |
|
RHA
|
Multifamily Mid-Rise Apartment Residential Zone
| |
|
RHA-1
|
Multifamily Mid-Rise Apartment Residential Zone
| |
|
OR
|
Office Research Zone
| |
|
OR-1
|
Office Research Zone
| |
|
OR-2
|
Office Research Zone
| |
|
OR-3
|
Office Research Zone
[Amended 6-17-1996 by Ord. No. 96-2441] | |
|
PD
|
Planned Development Zone
[Added 7-20-2009 by Ord.
No. 2009-2979] | |
|
FL
|
Federal Land Zone
[Amended 7-18-2005 by Ord. No. 2005-2825] | |
|
FH
|
Areas of Special Flood Hazard
| |
|
RTH-4
|
Multifamily Townhouse Residential Zone
[Added 2-17-2004 by Ord.
No. 2004-2753] | |
|
RTH-5
|
Multifamily Townhouse Residential Zone
[Added 2-17-2004 by Ord.
No. 2004-2755] | |
|
RTH-6
|
Multifamily Townhouse Residential Zone
[Added 7-19-2004 by Ord.
No. 2004-2772] | |
|
RTH-7
|
Multifamily Townhouse Residential Zone
[Added 7-18-2005 by Ord.
No. 2005-2825] | |
|
RTH-8
|
Multifamily Townhouse Residential Zone
[Added 7-18-2005 by Ord.
No. 2005-2825] | |
|
RTH-9
|
Multifamily Townhouse Residential Zone
[Added 7-18-2005 by Ord.
No. 2005-2825] | |
|
R-3
|
Age-Restricted Active Adult Zone
[Added 8-15-2005 by Ord.
No. 2005-2830] | |
|
RMF-1
|
Residential Multifamily Zone
[Added 7-20-2009 by Ord.
No. 2009-2979] | |
|
RMF-2
|
Residential Multifamily Zone
[Added 7-20-2009 by Ord.
No. 2009-2979] | |
|
RMF-3
|
Residential Multifamily Zone
[Added 11-16-2009 by Ord.
No. 2009-2992] | |
|
RMF-4
|
Residential Multifamily Zone
[Added 11-16-2009 by Ord.
No. 2009-2992] | |
|
RMF-5
|
Residential Multifamily Zone
[Added 11-16-2009 by Ord.
No. 2009-2992] |
B.
The listing of permitted uses, conditional uses, accessory uses and prohibited uses is hereby established as shown on the Schedule of Permitted Uses, which is attached to this chapter and is hereby made a part of this chapter. Any use which is not specifically designated as a permitted use, an accessory use, or a conditional use shall be deemed a prohibited use. This provision shall be construed as protective of the zoning scheme and any doubt shall be resolved in interpreting the doubtful use as prohibited.[1]
[Amended 3-18-2002 by Ord. No. 2002-2673; 12-16-2002 by Ord. No. 2002-2705; 6-16-2003 by Ord. No. 2003-2723; 10-7-2003 by Ord. No. 2003-2735; 12-6-2004 by Ord. No.
2004-2793; 12-6-2004 by Ord. No. 2004-2801; 4-18-2005 by Ord. No. 2005-2815; 5-21-2007 by Ord. No. 2007-2916; 7-20-2009 by Ord. No. 2009-2979; 11-16-2009 by Ord.
No. 2009-2992; 2-16-2010 by Ord. No. 2010-2999; 4-18-2011 by Ord. No. 2011-3029; 11-21-2011 by Ord. No. 2011-3046; 10-15-2012 by Ord.
No. 2012-3071; 9-16-2013 by Ord. No. 2013-3095]
[1]
Editor's Note: The Schedule of Permitted Uses is included as an attachment to this chapter.
C.
The Schedule of Area, Yard and Building Requirements, Single-Family Residential Zones, Schedule of Area, Yard and Building Requirements, Multifamily Residence Zones, Schedule of Area, Yard and Building Requirements, Nonresidential Zones, which are attached to this chapter, and are hereby made a part of this chapter, are intended to be a reference and supplemental to the regulations set forth in this chapter. In cases where a conflict exists between the reference schedules and the regulations herein specified, the regulations shall apply.[2]
[Amended 9-18-2000 by Ord. No. 2000-2589; 12-18-2000 by Ord. No. 2000-2605; 3-18-2002 by Ord. No. 2002-2673; 6-16-2003 by Ord. No. 2003-2723; 12-6-2004 by Ord. No.
2004-2793; 7-20-2009 by Ord. No. 2009-2979; 11-16-2009 by Ord. No. 2009-2992; 2-22-2011 by Ord. No. 2011-3026; 12-17-2012 by Ord. No. 2012-3073[3]]
D.
The regulations set forth in this chapter for each district shall
be the minimum standards and shall apply uniformly to each class of
structure or land within the district, except as hereafter provided.
E.
No building shall hereafter be erected and no existing building shall
be moved, altered, added to or enlarged, nor shall any land or building
or portion of a building to be used, designed, or arranged to be used
for any purpose unless in conformity with all of the regulations herein
specified for the district in which it is located.
F.
Every main building shall be located on a lot as defined in this
chapter. Except for planned development groups complying with all
the regulations applying thereto as prescribed by this chapter, no
more than one single- or two-family dwelling building and its accessory
buildings shall hereafter be erected on any one lot.
G.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet the minimum requirements established by this chapter.
H.
For the purpose of this article, uses and structures in each district shall conform to the standards of § 540-606B, fifty-foot buffer widths; § 540-612E, driveway setbacks, except for driveways located on lots less than 7,500 square feet and excluding approved shared driveway arrangements; § 540-616, Fences, walls and hedges; § 540-619B(2), garage sizes; § 540-624K, Minimum circle diameter; § 540-627, Off-street parking; § 540-635, Signs; and § 540-641D(8), street, road or right-of-way setbacks, excluding approved shared access arrangements; which standards shall apply uniformly to each class of structure or land within the district. Development applications not conforming to the aforementioned sections shall require a variance or variances pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-70.c(1)(2).
[Amended 7-18-2005 by Ord. No. 2005-2825; 3-5-2007 by Ord. No. 2007-2900; 5-21-2007 by Ord. No. 2007-2916]
I.
The method of calculating lot coverage for all parcels created, subdivided,
merged or established after the effective date of this chapter shall
be based upon the contiguous buildable lot area and not the gross
tract area. The method of calculating lot coverage for existing isolated
lot, lawfully existing prior to the effective date of this chapter
shall be based upon the gross tract area and not the buildable lot
area.
J.
Any lot existing at the time of the adoption of this chapter which
was undersized, and which was included in a zone which changed to
require a larger minimum lot size than the previous zone standard
shall be required to conform only to the standards that were applicable
prior to the adoption of this chapter.
A.
Minimum standards.
B.
Maximum regulations.
[Amended 6-19-2006 by Ord. No. 2006-2879]
(1)
Dwelling unit density: one dwelling unit per five acres.
(3)
Floor area ratio*: 6%.
(4)
Gross floor area of all structures*: 20,000 square feet.
(5)
Building height: 2 1/2 stories; 35 feet.
|
NOTE:
| ||
|---|---|---|
|
*
|
Where the maximum gross floor area permitted exceeds the permitted
floor area ratio, the floor area ratio shall govern.
| |
C.
Other regulations.
(1)
Accessory dwellings shall be permitted for the purpose of providing
residences for domestic employees and/or farm workers. One such dwelling
shall be permitted for each 100,000 square feet of lot area, up to
a maximum of three accessory dwellings. Such units shall not be sold
or rented to or occupied by any person other than the domestic employee
and/or farm workers and his or her family. No more than one such unit
may be attached to or within the principal dwelling. A deed restriction
shall be recorded limiting the use of such accessory dwellings to
domestic employees and/or farm workers only.
[Amended 6-19-2006 by Ord. No. 2006-2879]
(2)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
A.
B.
Maximum regulations.
[Amended 9-18-2000 by Ord. No. 2000-2589; 7-18-2005 by Ord. No. 2005-2825; 6-19-2006 by Ord. No. 2006-2879]
(1)
Dwelling unit density: one dwelling unit per three acres.
(3)
Floor area ratio*: 7%.
(4)
Gross floor area of all structures*: 12,000 square feet.
(5)
Building height: 2 1/2 stories; 35 feet.
|
NOTES:
| ||
|---|---|---|
|
*
|
Where the maximum gross floor area permitted exceeds the permitted
floor area ratio, the floor area ratio shall govern.
| |
C.
Other regulations.
(1)
Accessory dwellings shall be permitted for the purpose of providing
residences for domestic employees and/or farm workers. One such dwelling
shall be permitted for each 100,000 square feet of lot area, up to
a maximum of three accessory dwellings. Such units shall not be sold
or rented to or occupied by any person other than the domestic employee
and/or farm workers and his or her family. No more than one such unit
may be attached to or within the principal dwelling. A deed restriction
shall be recorded limiting the use of such accessory dwellings to
domestic employees and/or farm workers only.
[Amended 6-19-2006 by Ord. No. 2006-2879]
(2)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued, and in no case more
than seven days prior to the commencement of work. Trailers shall
not remain on site more than seven days after completion of all work.
Temporary construction trailers shall not be placed within the right-of-way
of any improved public road.
A.
B.
Maximum regulations.
[Amended 9-18-2000 by Ord. No. 2000-2589; 7-18-2005 by Ord. No. 2005-2825; 6-19-2006 by Ord. No. 2006-2879]
(1)
Dwelling unit density: one dwelling unit per 2.5 acres.
(3)
Floor area ratio*: 7%.
(4)
Gross floor area of all structures*: 10,000 square feet.
(5)
Building height: 2 1/2 stories; 35 feet.
|
NOTES:
| ||
|---|---|---|
|
*
|
Where the maximum gross floor area permitted exceeds the permitted
floor area ratio, the floor area ratio shall govern.
| |
C.
Other regulations.
(1)
Accessory dwellings shall be permitted for the purpose of providing
residences for domestic employees and/or farm workers. One such dwelling
shall be permitted for each 100,000 square feet of lot area, up to
a maximum of three accessory dwellings. Such units shall not be sold
or rented to or occupied by any person other than the domestic employee
and/or farm workers and his or her family. No more than one such unit
may be attached to or within the principal dwelling. A deed restriction
shall be recorded limiting the use of such accessory dwellings to
domestic employees and/or farm workers only.
[Amended 6-19-2006 by Ord. No. 2006-2879]
(2)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
A.
B.
Maximum regulations.
(1)
Dwelling unit density: N/A.
(3)
Floor area ratio: 8%.*
[Amended 9-18-2000 by Ord. No. 2000-2589; 7-18-2005 by Ord. No. 2005-2825]
(4)
Building height: 2 1/2 stories; 35 feet.
|
NOTES:
| ||
|---|---|---|
|
*
|
Floor area ratio can be increased 2% if front setback provided
is at least 150% of the minimum required. Floor area ratio shall not
apply to lots existing at the time of the adoption of Ordinance No.
2005-2825 (July 18, 2005) that are less than 40,000 square feet.
| |
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued, and in no case more than seven
days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
[Added 11-21-2011 by Ord.
No. 2011-3046]
The purpose of this zone shall be to provide for planned development
of large tracts of suitable land in rural settings for low-density
single-family residential homes as well as substantial undeveloped
land area devoted to municipal purposes and placed into conservation
easements across private lands. Average and minimum lot sizes shall
be established as set forth in this section to provide flexibility
in subdivision design to better conserve natural resources, preserve
rural character and to create appropriate perimeter setbacks.
A.
Lot standards.
(1)
Bulk standards.
(a)
Average lot size: 40,000 square feet.
(b)
Minimum lot size: 20,000 square feet.
(c)
Minimum buildable lot area: 8,500 square feet.
(d)
Minimum lot frontage: one-hundred-foot minimum, except for lots
on cul-de-sac bulbs.
(e)
Minimum lot circle diameter: 70 feet.
(f)
Maximum building coverage: 15%.
(g)
Maximum total lot coverage: 20%.
(h)
Maximum building height: 2.5 stories1, 2, 35 feet3.
|
NOTES:
| ||
|---|---|---|
|
1
|
In the case of attics, pull-down stairs are not considered a
"staircase" for purposes of determining whether an attic is a half
story.
| |
|
2
|
Basements and cellars shall be considered a half story for purposes
of this zone.
| |
|
3
|
Lots located on curved alignments or cul-de-sac bulbs shall
be exempted from the height requirements contained in Note "Q" of
Appendix B, Schedule of Area, Yard and Building Requirements.[1]
| |
|
Principal Building
|
Accessory Building
| ||
|---|---|---|---|
|
Minimum front yard setback
|
35 feet
|
Not permitted
| |
|
Minimum side yard setback
|
15 feet each
|
15 feet
| |
|
Minimum street-side side yard setback
|
17.5 feet
|
17.5 feet
| |
|
Minimum rear yard setback
|
30
|
15
| |
|
Maximum gross tract density
|
0.7 dwelling units per acre
|
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2)
All computations showing lot area and the average resulting
through a lot-averaging technique shall be indicated on the subdivision
plat.
(3)
The subdivision plat and individual plot plans and surveys shall
indicate that all lots created as part of the major subdivision shall
not be subdivided again into smaller lots.
B.
Supplemental regulations.
(1)
The NJ Residential Site Improvement Standards shall apply to
residential subdivisions designed in accordance with this section
and shall supersede any conflicting ordinance sections.
(2)
Land dedicated for municipal purposes and placed into conservation
easements on single-family lots, combined, shall be at least 35% of
the tract area and not less than 100 acres. This regulation shall
not apply to tracts comprising less than 100 acres.
(3)
Any lot created in accordance with this section that has a width at the front yard setback line of less than 120 feet, except for those lots that have frontage on an existing arterial or collector road, or that has environmental constraints on the lot shall be exempt from § 540-619B(4), Residential garages, and may be arranged to open to the front of the lot, except that no front-facing garage shall extend more than seven feet from the building face.
(4)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued, and in no cases more
than seven days prior to the commencement of work. Trailers shall
not remain on site more than seven days after completion of all work.
Temporary construction trailers shall not be placed within the right-of-way
of any improved public road.
(5)
For the purposes of § 540-606, Buffer areas and screening, West Front Street shall be considered an arterial roadway, and Sunnyside Road shall be considered a collector roadway.
(6)
Where any portion of a parcel or tract of land to be developed in accordance with this section is located within 500 feet of a county recreational facility, active recreational facilities per § 540-629, Recreation areas, shall not be required as part of the subdivision.
(7)
Any development in this zone shall be subject to the developer's
fee ordinance which funds the Affordable Housing Trust Fund.
(8)
If the amount of land dedicated for municipal purposes and placed
in conservation easements is greater than 35% of the total tract area
and not less than 100 acres, the applicant's contribution to the Township's
Environmental Contribution Fund shall be reduced by 35%.
(9)
If the amount of land dedicated for municipal purposes and placed in conservation easements is greater than 35% of the total tract area and not less than 100 acres, additional compliance with § 540-651, Wooded areas, shall not be required.
(10)
Stormwater basins may be located on land to be dedicated to
the municipality. Stormwater facilities on municipal land shall be
maintained by a homeowners' association or similar entity.
(11)
Subdivisions designed in accordance with this section, which comply with the required municipal purpose land dedication and conservation easement requirements, shall not be required to provide additional landscaping required per § 540-622, Landscaping and shade trees.
(12)
Section 540-641, Street design and construction. Proposed roadways shall meet any of the following street type requirements from N.J.A.C. 5:21: Residential Access (Type A) - Low-Intensity street with parallel parking, Residential Access (Type C) - High Intensity street with no parking, or Residential Neighborhood.[2]
(13)
Section 540-410B(20), Boring logs. For developments of 100 acres or more proposing a minimum of 35% of the total tract area dedicated for municipal purposes, placed in conservation easements and dedicated for right-of-way. Soil-boring information shall be submitted to the Board Engineer as follows: one boring not less than eight feet below the proposed grade or 12 feet minimum depth shall be made for every 20 acres or portion thereof on the remaining areas of the tract.[3]
(14)
Section 540-645, Street trees, shall apply, except that the following street trees may be installed no less than 45 feet on-center at a minimum two-and-one-half-inch caliper (as defined in the latest edition of the American Standard for Nursery Stock). Where sidewalks are not provided, street trees shall not be located more than six feet from the curbline.
|
Scientific Name
|
Common Name
| |
|---|---|---|
|
Acer pseudoplatanus "Bloodgood"
|
Bloodgood London plane tree
| |
|
Acer rubrum "October Glory"
|
October glory red maple
| |
|
Acer rubrum sp.
|
Red maple
| |
|
Acer saccharum
|
Sugar maple (sidewalk root guard required)
| |
|
Celtisoccidentalis
|
Common hackberry
| |
|
Fraxinuspennsylvanica
|
Green ash
| |
|
Ginkgo biloba "Magyar"
|
Ginkgo
| |
|
Gleditsiatriacanthosinermis "Continental"
|
Thornless honeylocust
| |
|
Liquidambar styracifluarotundifolia
|
Sweetgum
| |
|
Quercusacutissima
|
Sawtooth oak
| |
|
Quercuscoccinea
|
Scarlet oak
| |
|
Quercusmacrocarpa
|
Bur oak
| |
|
Quercusprinus
|
Chestnut oak
| |
|
Sophora japonica
|
Scholar tree
| |
|
Tiliacordata "Greenspire"
|
Greenspire linden
| |
|
Ulmusamericana "New Harmony"
|
New harmony american elm
| |
|
Ulmusamericana "Princeton"
|
Princeton American elm
| |
|
Zelkovaserrata
|
Zelkova
|
A.
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued, and in no case more than seven
days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
A.
C.
Other regulations.
(1)
The approving authority may reduce the required front yard setback
to 25 feet where lot configuration warrants in order to increase the
amount of rear yard area, and in order to avoid a monotonous streetscape.
(2)
Lot sizes within any development in the R-45A Zone shall average
20,000 square feet.
(3)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued, and in no case more
than seven days prior to the commencement of work. Trailers shall
not remain on site more than seven days after completion of all work.
Temporary construction trailers shall not be placed within the right-of-way
of any improved public road.
A.
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued, and in no case more than seven
days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
A.
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued and in no case more than seven days
prior to the commencement of work. Trailers shall not remain on site
more than seven days after completion of all work. Temporary construction
trailers shall not be placed within the right-of-way of any improved
public road.
A.
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued and in no case more than seven days
prior to the commencement of work. Trailers shall not remain on site
more than seven days after completion of all work. Temporary construction
trailers shall not be placed within the right-of-way of any improved
public road.
A.
C.
Other regulations.
(1)
The development standards affecting nonconforming lots which
existed prior to the effective date of this chapter in the R-15 Zone
shall comply with Schedule A, Nonconforming Lot Matrix:
|
Schedule A
| |||||
|---|---|---|---|---|---|
|
Nonconforming Lot Matrix (R-15)
| |||||
|
Lot Sizes (square feet)
| |||||
|
10,000 or Greater
|
5,001 to 10,000
|
Less Than or Equal to 5,000
| |||
|
Principal building:
| |||||
|
Front yard setback (feet)
|
35
|
30
|
25
| ||
|
Side yard setback (feet)
|
15
|
10
|
5
| ||
|
Street side yard setback (feet)
|
20
|
15
|
10
| ||
|
Rear yard setback (feet)
|
30
|
30
|
25
| ||
|
Street rear yard setback (feet)
|
35
|
30
|
25
| ||
|
Accessory building:
| |||||
|
Front yard (feet)
|
40
|
30
|
25
| ||
|
Side yard (feet)
|
10
|
10
|
5
| ||
|
Rear yard (feet)
|
10
|
10
|
5
| ||
|
Maximum regulations:
| |||||
|
Lot coverage
|
25%
|
30%
|
35%
| ||
|
Building height
|
35 feet
2 1/2 stories
|
35 feet
2 1/2 stories
|
35 feet
2 1/2 stories
| ||
|
Minimum regulations:
| |||||
|
First floor of multistory buildings (square feet)
|
900
|
800
|
800
| ||
|
Total floor area (square feet)
|
1,200
|
1,000
|
800
| ||
(2)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
A.
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued and in no case more than seven days
prior to the commencement of work. Trailers shall not remain on site
more than seven days after completion of all work. Temporary construction
trailers shall not be placed within the right-of-way of any improved
public road.
A.
B.
Maximum regulations:
[Amended 9-18-2000 by Ord. No. 2000-2589]
C.
Other regulations.
(1)
Single-family residential development shall be permitted in
the RTF Zone in accordance with the requirements and standards of
the R-7 Zone.
(2)
The minimum lot sizes in the RTF Zone may be reduced to 9,000
square feet for interior lots and 10,000 square feet for corner lots
where 20% of the units proposed are set aside for affordable housing
consistent with the requirements of the Council on Affordable Housing.
The side and rear yard setbacks on all lots within such a development
may be reduced by a maximum of 50%.
(3)
Each lot within a two-family housing development which contains
two dwellings shall have a master deed recorded which shall set forth
the rights, responsibilities and privileges of the occupants and/or
owners of each dwelling unit.
(4)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
A.
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued and in no case more than seven days
prior to the commencement of work. Trailers shall not remain on site
more than seven days after completion of all work. Temporary construction
trailers shall not be placed within the right-of-way of any improved
public road.
A.
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued and in no case more than seven days
prior to the commencement of work. Trailers shall not remain on site
more than seven days after completion of all work. Temporary construction
trailers shall not be placed within the right-of-way of any improved
public road.
[Amended 6-16-2003 by Ord. No. 2003-2723; 12-6-2004 by Ord. No. 2004-2793]
A.
Minimum standards.
(2)
Building setbacks.
[Amended 9-18-2000 by Ord. No. 2000-2589; 12-15-2003 by Ord. No. 2003-2744; 12-6-2004 by Ord. No. 2004-2797; 8-21-2006 by Ord. No. 2006-2885]
|
Principal
(feet)
|
Accessory
(feet)
| ||
|---|---|---|---|
|
Front
|
25*
|
25*
| |
|
Side
|
15
|
15
| |
|
Street side
|
17.5
|
17.5
| |
|
Rear
|
35
|
10
| |
|
Street rear
|
35
|
35
|
|
NOTES:
| ||
|---|---|---|
|
*
|
Or the average of the existing front setbacks for the two adjoining
lots.
| |
(4)
Gross floor area: 1,200 square feet.
(5)
First floor area: 900 square feet.
B.
Maximum regulations.
[Amended 9-18-2000 by Ord. No. 2000-2589]
C.
Other regulations.
[Amended 12-15-2003 by Ord. No. 2003-2744; 12-6-2004 by Ord. No. 2004-2797]
(1)
In the R-O Zone, it shall be permitted to use a single structure
as a single-family dwelling and a business or professional office,
as provided by the Schedule of Permitted Uses, subject to obtaining
site plan approval. All buildings developed in the R-O Zone shall
establish or maintain a residential character and appearance consistent
with the general character of the neighborhood in which it is located.
A dwelling unit established subsequent to the date of the adoption
of this chapter and located within a structure that will also contain
a nonresidential use shall not be less than 750 square feet, and shall
in no case constitute less than 30% of the gross floor area of the
structure.
[Amended 7-18-2005 by Ord. No. 2005-2825; 8-21-2006 by Ord. No. 2006-2885]
(2)
The occupant of the dwelling unit need not be associated with
the business and may be a tenant.
[Amended 8-21-2006 by Ord. No. 2006-2885]
(3)
Structures in existence at the time of the adoption of this
chapter that do not have a residential appearance shall be permitted
to continue. Any proposed expansion or alteration of such a building
requiring site plan approval shall include changes to the building's
exterior that will establish a residential appearance.
[Amended 8-21-2006 by Ord. No. 2006-2885]
(4)
A minimum fifteen-foot-wide landscaped buffer shall be required
where the property adjoins a single-family residential zone. A ten-foot
buffer shall be permitted where a solid, minimum six-foot fence is
provided.
[Amended 8-21-2006 by Ord. No. 2006-2885]
(5)
No existing single-family dwelling in the R-O Zone at the time of the adoption of this chapter shall be converted into an exclusively nonresidential use, except as provided in § 540-823.
[Amended 8-21-2006 by Ord. No. 2006-2885]
(6)
Permitted building coverage may be increased by 20% where two
or more adjoining lots establish shared parking and access arrangements.
Each lot participating in the arrangement shall be permitted the increased
building coverage.
(7)
For the purpose of interpreting N.J.S.A. 40:55D-66.6 of the
Municipal Land Use Law dealing with child-care centers, the R-O Zone
shall hereby be considered a nonresidential district.
(8)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
(9)
No building-mounted signs shall be permitted.
[Amended 8-21-2006 by Ord. No. 2006-2885]
(10)
Internally illuminated signs are prohibited.
[Amended 8-21-2006 by Ord. No. 2006-2885]
(11)
Signs shall not exceed 16 square feet in area or six feet in
height and shall have a minimum front setback of eight feet. No more
than one sign is permitted.
[Amended 8-21-2006 by Ord. No. 2006-2885]
[Amended 6-16-2003 by Ord. No. 2003-2723; 12-6-2004 by Ord. No. 2004-2793; 7-18-2005 by Ord. No. 2005-2825]
C.
Other regulations.
(1)
The second story of a nonresidential building may be used for
dwelling purposes, subject to the following standards:
(a)
Second-story residential construction shall be permitted to
extend to the limits of the existing building footprint and only beyond
where required setbacks can be maintained.
(b)
Each second-story dwelling shall contain a minimum of 700 square
feet of gross floor area.
(c)
Site plan approval shall be required prior to the issuance of
any building permit to construct a second-story dwelling.
(d)
Second-story dwellings shall be limited to a maximum of two
bedrooms.
(2)
Single-family dwellings in the B-1 Zone shall be required to
conform to the R-7 Zone standards, except that where the adjacent
residential zoning is primarily R-5 Zone, the R-5 Zone standards shall
be utilized.
(3)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued, and in no case more
than seven days prior to the commencement of work. Trailers shall
not remain on site more than seven days after completion of all work.
Temporary construction trailers shall not be placed within the right-of-way
of any improved public road.
(4)
Parking for mixed-use buildings.
[Amended 7-18-2005 by Ord. No. 2005-2825]
(a)
A minimum of 3.5 parking spaces for every 1,000 square feet
of gross commercial floor area shall be provided.
(b)
Parking for residential uses shall comply with Residential Site
Improvement Standards.
(c)
Shared parking on adjacent parcels. When land uses on adjacent parcels create shared parking areas with pedestrian and/or vehicular circulation paths and access points that are under common ownership or controlled by a reciprocal easement agreement, the collective parking requirements for development on those properties may comply with the standards set forth in Subsection C(4)(a) and (b) above.
(d)
Shared parking on noncontiguous parcels. Required parking for
mixed-use buildings may be supplied at a noncontiguous parcel, provided:
(e)
Documentation conforming the ownership and/or management arrangement
for any shared parking arrangement shall be submitted prior to approval
by the Approving Authority.
(f)
Properties with extra parking retain expansion rights equivalent
to that number of extra spaces.
(g)
Provided a mixed-use building(s) complies with off-street parking
lot design standards, legal on-street parking along the tract's street
frontage may be counted toward the development's minimum parking requirements.
(h)
The minimum required number of parking spaces may be reduced
by 25%, provided a mixed-use building is within 2,500 feet of a designated
transit stop.
[Amended 12-15-2003 by Ord. No. 2003-2746; 12-6-2004 by Ord. No. 2004-2799; 7-20-2015 by Ord. No. 2015-3142]
A.
Minimum standards.
C.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after the completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
(2)
The maximum number of dwelling units in this zone shall be 16.
No dwelling unit shall contain more than two bedrooms.
(3)
The maximum number of businesses in this zone shall be two.
(4)
All residential dwelling units in this zone shall be affordable
housing units in accordance with the requirements of the New Jersey
Council on Affordable Housing or the Superior Court of New Jersey.
[Amended 10-7-2003 by Ord. No. 2003-2735; 12-6-2004 by Ord. No. 2004-2801]
A.
C.
Other regulations.
(1)
Nonresidential use in the B-2 Zone which abuts a residential
zone, a fifty-foot landscaped buffer shall be provided.
(2)
In conjunction with any development in the B-2 Zone, a complete
signage plan shall be required and approved as part of site plan approval.
(3)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued, and in no case more
than seven days prior to the commencement of work. Trailers shall
not remain on site more than seven days after completion of all work.
Temporary construction trailers shall not be placed within the right-of-way
of any improved public road.
(4)
Retail establishments engaged in the sale of lumber and building
materials, and storing or displaying and selling materials outside
a completely enclosed building, and further provided that the use
of forklifts to load a customer vehicle is prohibited.
A.
C.
Other regulations.
[Amended 11-20-2000 by Ord. No. 2000-2601; 7-16-2001 by Ord. No. 2001-2645]
(1)
Any nonresidential use in the B-3 Zone which abuts a residential
zone, a seventy-five-foot landscaped buffer shall be provided.
(2)
In conjunction with any development in the B-3 Zone, a complete
signage plan shall be required and approved as part of site plan approval.
(3)
Retail establishments engaged in the sale of lumber and building
materials, and storing or displaying and selling materials outside
a completely enclosed building, and further provided that the use
of forklifts to load a customer vehicle is prohibited.
[Amended 10-7-2003 by Ord. No. 2003-2735; 12-6-2004 by Ord. No. 2004-2801]
(4)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
[Amended 12-15-2003 by Ord. No. 2003-2744]
(5)
Permitted building coverage may be increased by 20% where two
or more adjoining lots establish shared parking and access arrangements.
Each lot participating in the arrangement shall be permitted the increased
building coverage.
[Amended 12-15-2003 by Ord. No. 2003-2744]
[Amended 12-27-1994 by Ord. No. 94-2389]
A.
C.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued, and in no case more
than seven days prior to the commencement of work. Trailers shall
not remain on site more than seven days after completion of all work.
Temporary construction trailers shall not be placed within the right-of-way
of any improved public road.
A.
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued, and in no case more than seven
days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
A.
C.
Other regulations.
(1)
All principal or accessory setbacks shall be measured from the
property line or the edge of any pier, wharf, or bulkhead, whichever
setback is greater.
(2)
The Planning Board or Zoning Board may approve a reduction of
the required setback to as little as zero feet adjacent to navigable
water if it is demonstrated that the use within the building is a
water dependent use which requires such proximity.
(3)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
(4)
Seafood processing facilities shall be permitted as a principal
use, provided that the facilities are not for the production of secondary
products such as fish oils.
(5)
Outdoor storage of fishing-related equipment, including but
not limited to pallets, nets, lines, and traps or pots shall be permitted
as an accessory use. All outdoor storage shall be set back at least
20 feet from any street line and at least 10 feet from any side or
rear line, except that no setback shall be required where the side
or rear yard abuts a pier, wharf or bulkhead. No equipment other than
nets or lines being dried shall be stored above a height of six feet,
except for traps or pots, which may be stored to a maximum height
of 10 feet.
[Amended 3-18-2002 by Ord. No. 2002-2673]
A.
Permitted uses.
(1)
Public recreational uses, including athletic fields. including
but not limited to lighted or unlighted baseball, soccer, or softball
fields.
(2)
Necessary parking facilities associated with recreational facilities.
(3)
Senior citizen housing consistent with the Township's affordable
housing plan.
(4)
Accessory uses typically associated with recreation facilities,
including, but not limited to rest rooms, concession stands, maintenance
buildings, fences, walls, backstops, dugouts, bleachers and benches.
(5)
Accessory uses typically associated with senior citizen housing
developments, including but not limited to maintenance buildings,
outdoor recreational facilities for residents, meeting rooms and offices,
benches, gardens, gazebos and patios.
B.
Minimum regulations.
(1)
No buildings or parking spaces associated with residential uses
shall be located closer than 100 feet to any public street.
(2)
No buildings or parking spaces associated with residential uses
shall be located closer than 100 feet to any side property line.
(3)
No buildings associated with residential uses shall be located
closer than 100 feet to any rear property line and parking facilities
associated with residential uses shall not be located closer than
40 feet to any rear property line.
A.
Standards and regulations.
(1)
The minimum tract area shall be not less than 150 contiguous
acres, with 400 feet of frontage.
(2)
Building setbacks.
(a)
Where the perimeter property line of the R-1 Zone abuts a public
street, no structures shall be located closer to such street than
the required front yard setback for the adjacent zone.
(b)
Within the R-1 Zone, no residential structure shall be located
closer than 20 feet to an interior street, drive or parking area.
(c)
No freestanding garage or other accessory structure shall be
located closer than five feet to an interior street, drive, or parking
area.
(3)
Parking. The following off-street parking requirements shall apply, except that the requirements set forth in Subsection A(3)(b) through (e) may be reduced to the extent that combined use of parking lots makes such reduction feasible in the judgment of the approving authority.
(a)
One and one-fourth spaces for each dwelling unit;
(b)
One space for each 300 square feet of floor area in any retail
or commercial establishment.
(c)
One space for each six persons for whom seating is provided
in any auditorium or place of worship, or similar recreational or
quasi-public place of assemblage.
(d)
One space for each 600 square feet of floor space in any medical
or nursing facility together with one additional space for each resident,
professional, or employee.
(e)
One space for each guest room or suite in any guesthouse, together
with one space for each full-time employee on duty at any one time.
(4)
Open space. Not less than 40% of the gross tract area of the
R-1 Zone shall be set aside as permanent common open space to be owned
in undivided interests by the lot owners.
(5)
Dwelling unit size. No residential dwelling unit of a single
floor shall contain less than 900 square feet. No residential dwelling
unit of more than one story shall contain less than 1,200 square feet.
(6)
Distance between buildings. No building shall be closer than
25 feet to any other building, except that this provision shall not
apply to any residential dwelling unit, or recreational, cultural,
social, retail or commercial facility by a common or party wall.
(7)
Recreation areas.
(a)
Indoor social, cultural, recreational and meeting facilities
shall be required. The gross floor area devoted to such usage shall
be not less than 10 square feet for each residential dwelling unit.
(b)
Appropriate passive outdoor recreational areas shall be provided
and shall include suitable landscaping, sitting and walking areas.
B.
Maximum regulations.
(1)
Dwelling unit density. There shall not be more than six dwelling
units for each gross acre in the R-1 Zone.
(2)
Lot coverage. Not more than 20% of the gross tract area of the
R-1 Zone shall be covered buildings to be constructed or used as dwelling
units, including garages and carports; providing, however, not more
than 25% of the gross tract area of the R-1 Zone may be covered by:
such dwelling units limited to 20% as aforesaid; and other buildings
or structures, including but not limited to gate houses, guard houses,
storage facilities for maintenance equipment, and administrative,
social, cultural and recreational facilities, which are expressly
hereby permitted.
(3)
Number of dwelling units per building. A maximum of 10 residential
dwelling units shall be permitted in each building. Dwelling units
connected by party or common walls shall not be considered separate
buildings for the purpose of this section.
(4)
Building height. For principal buildings, 35 feet or 2 1/2
stories, provided that no more than 2 1/2 stories may be above
the average elevation of finished grade around the perimeter of the
building. For accessory buildings, 16 feet or one story.
(5)
Bedroom limitation. No dwelling unit shall contain more than
three bedrooms. The number of three-bedroom dwelling units in the
R-1 Zone shall not exceed 5% of the total number of dwelling units
permitted. The remainder of the dwelling units permitted shall be
one- or two-bedroom dwelling units.
C.
General regulations.
(1)
Appropriate provisions shall be made for private garbage and
trash collection and for the private maintenance of all interior roads
and streets (including snow removal), recreational facilities, and
all buildings and land areas owned in common by the residents of the
R-1 Zone. In addition, provisions shall be made to permit the Township,
at its option, to perform or cause to be performed such services in
the event of the continued failure of performance of same by the private
association or other entity charged with such responsibility, all
at the cost and expense of the owners of the property within the R-1
Zone.
(2)
The overall design, road patterns, recreational facilities and
site locations of buildings, as well as other aspects of any such
R-1 Zone must be submitted to the approving authority, and they shall
have the right to approve the general design to obtain aesthetic harmony.
The buildings, sizes, shapes, site positions and architectural design
may be considered along with the landscaping and natural features.
The following criteria also may be taken into consideration:
(a)
Visual consideration of the variation in exterior finishes of
structures.
(b)
A mix of architectural designs and elevations to insure a harmonious
blend and the avoidance of a rowhouse effect or other aesthetically
pleasing building arrangement or layout.
(c)
Variation of side yards, front yards and rear yards to create
identity and interest and enhance the overall design.
(d)
Landscaping, preservation of existing vegetation, and the location
of trees.
(e)
Convenience of parking areas for the use of occupants and screening
thereof with adequate landscaping or fence.
(4)
Unless provided to the contrary herein, applications for development
approval in the R-1 Zone shall follow and be subject to the applicable
ordinances, procedures, regulations, standards and guidelines as required
for preliminary and final site plan review and other applicable ordinances
which are incorporated herein by reference.
(5)
Prior to approval, the approving authority shall find the following
facts and conclusions:
(a)
The 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-65c.
(b)
That the proposals for maintenance and conservation of the common
open space are reliable, conform to the applicable law and regulations,
and the amount, location, and purpose of the common open space are
adequate.
(c)
That provision 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.
(d)
That the design of the proposed planned development will not
have an unreasonably adverse impact upon the area in which it is proposed
to be established.
(e)
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, occupants
and owners of the proposed development in the total completion of
the development are adequate.
A.
Minimum requirements.
(1)
Tract area: 75 acres gross tract area.
(2)
Tract frontage: 200 feet located on primary, secondary, arterial,
or collector roads.
(3)
Building setback:
(a)
Thirty feet from a pond or lake shore line or stream bank, or
from the one-hundred-year floodplain.
(b)
Fifty feet from any tract boundary line or from any other right-of-way
line of a dedicated municipal roadway.
(c)
Eighteen feet from the curb of an internal roadway where no
front yard parking is provided, or 26 feet where front yard parking
is provided.
(d)
Twelve feet from the sidewalk of an internal street.
(4)
Parking.
(a)
General regulations. The following off-street parking requirements
shall apply:
[1]
Spaces per dwelling unit: 1.5 spaces for each one-bedroom unit,
1.75 spaces for each two-bedroom unit, but not less than 1.7 spaces
average per dwelling unit for any development.
[2]
One space for each 200 square feet of floor area in any auditorium,
clubhouse facility or place of worship or similar recreational or
quasi-public place of assemblage.
(b)
Parking setbacks for proposed parking of three or more contiguous
spaces:
[1]
Sixty-foot setback for a primary or secondary arterial or collector
road to be dedicated to the municipality.
[2]
Thirty feet from a tract boundary line.
[3]
Eighteen feet from any principal building line.
[4]
Parking spaces in front or rear yard of each dwelling unit shall
be six feet from the building line, except for parking spaces within
a driveway to an attached garage or carport.
(5)
Open space: 40% of the gross tract area. All open space shall
be set aside as permanent common space to be owned in undivided interests
by the unit owners.
(6)
Dwelling unit size. No residential dwelling unit on a single
floor shall contain less than 900 square feet of habitable space.
No residential dwelling unit of more than one story shall contain
less than 1,200 square feet of habitable space.
(7)
Distance between buildings.
(a)
Where both facing walls contain windows of habitable rooms,
50 feet, but not less than two times the eave height of the building
containing the highest habitable room.
(b)
Where only one of two facing walls contains windows of habitable
rooms, 25 feet, but not less than the eave height of the highest of
the two buildings containing such facing walls.
(c)
Where neither of two facing walls contains windows of habitable
rooms: 20 feet, or the eave height of the highest of the two buildings
containing such facing walls, whichever is greater.
(d)
Buildings shall be considered facing if the walls form an angle
less than 45°.
(8)
Recreation areas. Active and passive outdoor recreational areas
shall be provided and shall include suitable landscaping, sitting,
and walking areas as determined by the approving authority. Indoor
social, cultural, recreational and meeting facilities shall be required
as similarly directed. The gross floor area devoted to such indoor
usage shall be not less than 10 square feet for each residential dwelling
unit.
B.
Maximum regulations.
(1)
Impervious surfaces: 35% of the gross tract area, and 20% of
any developed area within 80 feet of a lake or pond shoreline of the
one-hundred-year floodplain.
(2)
Dwelling unit density. There shall not be more than five dwelling
units per gross acre.
(3)
Lot coverage. Not more than 20% of the gross tract area of the
R-2 Zone shall be covered by buildings to be constructed or used as
dwelling units, including garages and carports; providing, however,
not more than 25% of the gross tract area of the R-2 Zone may be covered
by: such dwelling units (limited to 20% as aforesaid); and other buildings
or structures, including but not limited to gate houses, guard houses,
storage facilities for maintenance equipment and administrative, social,
cultural and recreational facilities, which are expressly hereby permitted.
(4)
Number of dwelling units per building or in a row. A maximum
of 10 residential dwelling units shall be permitted in each building.
Dwelling units connected by party or common walls shall be considered
part of the same building for the purposes of this section. No more
than four residential dwelling units shall be allowed in a row without
a horizontal break of four feet in the facade. No more than six residential
dwelling units in a row shall be allowed on any one story.
(5)
Building height. For principal buildings, 36 feet or 2 1/2
stories, provided that no more than 2 1/2 stories may be above
the average elevation of finished grade around the perimeter of the
building. For accessory buildings, 16 feet or one story.
(6)
Bedroom limitation. No dwelling unit shall contain three bedrooms.
All dwelling units permitted shall be one- and two-bedroom dwelling
units.
C.
General regulations.
(1)
Appropriate provisions shall be made for private garbage and
trash collection and for the provision of and payment for the private
maintenance of all lighting, interior roads and streets (including
snow removal), recreational facilities, and all buildings and land
areas owned in common by residents of the R-2 Zone. In addition, provisions
shall be made to permit the Township, at its option, to perform or
cause to be performed such services in the event of the continued
failure of performance of same by the private association or other
entity charged with such responsibility, all at the cost and expense
of the owners of the property within the R-2 Zone.
(2)
The overall design, road patterns, recreational facilities and
site locations of buildings, as well as all other aspects of any such
R-2 Zone must be submitted to the approving authority, and they shall
have the right to approve the general design to obtain aesthetic and
architectural design which may be considered, along with the landscaping
and natural features. The following criteria also may be taken into
consideration:
(a)
Visual consideration of the variation in exterior finishes of
structures.
(b)
A mix of architectural designs and elevations to insure a harmonious
blend and the avoidance of a rowhouse effect or other non-aesthetically
pleasing building or arrangement or layout.
(c)
Variation of side yards, front yards and rear yards to create
identity and interest and enhance the overall design.
(d)
Landscaping, preservation of existing vegetation, and the location
of trees.
(e)
Convenience of parking areas for the use of occupants and screening
thereof with adequate landscaping or fence.
(4)
The approving agency may require any percentage of the units
to have garages, carports or other similar structures of either an
attached or detached nature.
(5)
Unless provided to the contrary herein, applications for development
approval in the R-2 Zone shall follow and be subject to the applicable
ordinances, procedures, regulations, standards, and guidelines as
required for preliminary and final site plan review and other applicable
ordinances which are incorporated herein by reference.
(6)
Prior to approval, the approving authority shall find the following
facts and conclusions:
(a)
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-65c;
(b)
That the proposals for maintenance and conservation of the common
open space are reliable, conform to all applicable law and regulations,
and the amount, location and purpose of common open space are adequate.
(c)
That provision 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.
(d)
That the design of the proposed planned development will not
have an unreasonably adverse impact upon the area in which it is proposed
to be established.
(e)
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, occupants
and owners of the proposed development in the total completion of
the development are adequate.
A.
Minimum regulations.
(1)
Tract area: 10 acres.
(2)
Tract frontage: 300 feet for 125 dwelling units or less, 500
feet for more than 125 dwelling units, located on primary or secondary
arterial roads or collector roads.
(3)
Building setbacks.
(a)
One hundred twenty feet from an arterial or collector road.
(b)
Fifty feet from any tract boundary line or from any other right-of-way
line, except an internal street.
(c)
Eighteen feet from the curb of an internal street where no front
yard parking is provided; or 26 feet where front yard parking is provided.
(d)
Fifteen feet from the sidewalk of an internal street.
(e)
The Planning Board may permit a reduction in the above setbacks
from street rights-of-way and boundary line if a substantial landscaped
buffer is provided, sufficient to insure visual privacy and noise
control.
(4)
Parking.
(a)
Spaces per dwelling lot: 1.75 spaces per one-bedroom unit, 2.00
spaces per two-bedroom unit, and 2.25 spaces per unit with three or
more bedrooms, but not less than 1.8 spaces average per dwelling unit
for any development.
(b)
Parking setbacks for parking of three or more contiguous spaces:
[1]
Sixty feet from a primary or secondary arterial or connector
road.
[2]
Thirty feet from a tract boundary line.
[3]
Fifteen feet from a common development lot line.
[4]
Eighteen feet from any principal building.
[Amended 12-16-2002 by Ord. No. 2002-2705]
[5]
Thirty feet from a pond or lake shoreline stream bank, or the
one-hundred-year floodplain.
(c)
Parking spaces in the front or rear yard of each dwelling unit
shall be a minimum of six feet from the building line, except for
parking spaces within a driveway to an attached garage or carport.
(5)
Open space: 40% of the gross tract area. All open space shall
be either set aside as permanent common open space to be owned in
undivided interests by the unit owners or dedicated to the Township
for public use subject to the approval of the Township Committee.
(6)
Dwelling unit size and equivalent lot area.
(a)
Minimum requirements.
|
Townhouse Dwelling Unit Size
(square feet)
|
Townhouse or Lot Width
(feet)
| ||
|---|---|---|---|
|
1-bedroom
|
1,000
|
18
| |
|
2-bedroom
|
1,300
|
20
| |
|
3-bedroom
|
1,500
|
22
|
(b)
No unit shall contain more than three bedrooms. No more than 45%
of the total units shall contain more than one bedroom. No more than
15% of the total units shall contain three bedrooms.
(7)
Distance between buildings.
(a)
Where both facing walls contain windows of habitable rooms:
75 feet, but not less than two times the eave height of the highest
habitable room.
(b)
Where only one of two facing walls contains windows of habitable
rooms: 30 feet, but not less than 1 1/2 times the eave height
of the highest building.
(c)
Where neither of two facing walls contains windows of habitable
rooms: 20 feet or the eave height of the highest building, whichever
is greater.
(d)
Buildings shall be considered facing if the walls form an angle of
less than 45°.
(8)
Front, side and rear yards for units within a development tract
(except where parking occurs within yard area):
(9)
Recreation areas. An area equal to one acre plus 10% of the
gross tract area.
(a)
No major recreation facilities, such as playfields and tennis
courts, shall be within 30 feet of a tract boundary or within 100
feet of the right-of-way of a primary or secondary arterial road.
No recreation areas are permitted within required yard area.
(b)
All required recreational areas shall include improvements and
amenities for the use and benefit of, and to meet the needs of, the
residents or occupants of a development. Unimproved natural areas
shall not qualify as required recreational areas. At least 50% of
required recreation areas shall be improved for active recreational
uses such as courts, playfields, swimming pools, and similar facilities.
B.
Maximum regulations.
(1)
Impervious surfaces. Thirty-five percent of the gross tract
area and 20% of any developed area within 80 feet of a lake or pond
shoreline or the one-hundred-year floodplain.
(2)
Dwelling unit density. There shall not be more than five dwelling
units per acre for each gross tract acre, nor more than seven units
per acre for each gross tract acre.
(3)
Building coverage. Not more than 20% of the gross tract area
shall be covered by buildings to be constructed or used as dwelling
units, including garages and carports; providing, however, not more
than 25% of the gross tract area may be covered by: such dwelling
units (limited to 20% as aforesaid); and other buildings or structures,
including but not limited to gate houses, guard houses, storage facilities
for maintenance equipment, and administrative, social, cultural and
recreational facilities, which are expressly hereby permitted.
(4)
Number of dwelling units per building or in a row. A maximum
of eight residential dwelling units shall be permitted in each building.
No more than two residential dwelling units shall be allowed in a
row without a horizontal break of six feet in the facade.
(5)
Building height. For principal buildings, 35 feet or 2 1/2
stories, provided that no more than 2 1/2 stories may be above
the average elevation of finished grade around the perimeter of the
building. Townhouse dwelling units having a main entrance more than
four feet from grade level shall have enclosed private entrance ways
at grade level.
C.
Unless provided to the contrary herein, applications for development
approval in the RTH Zone shall follow and be subject to the applicable
ordinances, procedures, regulations, standards and guidelines as required
for preliminary and final site plan and/or subdivision review and
other applicable ordinances which are incorporated herein by reference.
A.
Minimum regulations.
(1)
Tract area: five acres.
(2)
Tract frontage: 300 feet for 125 units or less, 500 feet for
more than 125 units, located on primary or secondary arterial roads
or collector roads.
(3)
Building setbacks:
(a)
One hundred twenty feet from an arterial or collector road.
(b)
Fifty feet from any tract boundary line or from any other right-of-way
lines, except an internal street.
(c)
Eighteen feet from the curb of an interior street where no front
yard parking is provided or 26 feet where front yard parking is provided.
(d)
Fifteen feet from the sidewalk of an internal street.
(e)
The Planning Board may permit a reduction in the above setbacks
from street right-of-way and boundary lines if a substantial landscaped
buffer, acceptable to the Board, is provided sufficient to insure
visual privacy and noise control.
(4)
Parking shall be subject to the regulations as stated in § 540-929A(4) of the Planning and Development Regulations of the Township of Middletown.
(5)
Open space: 50% of the gross tract area. All open space shall
be either set aside as permanent common open space to be owned in
undivided interest by the unit owners or dedicated to the Township
for public uses subject to the approval of the Township Committee.
(6)
Dwelling unit size and equivalent lot area.
(a)
Minimum requirements.
|
Townhouse Dwelling Unit Size
(square feet)
|
Townhouse or Lot Width
(feet)
| ||
|---|---|---|---|
|
1-bedroom
|
1,000
|
18
| |
|
2-bedroom
|
1,300
|
20
| |
|
3-bedroom
|
1,500
|
22
|
(b)
No unit shall contain more than three bedrooms. No more than 45%
of the total units shall contain more than one bedroom. No more than
15% of the total units shall contain three bedrooms.
(7)
Distance between buildings shall be subject to the regulations as stated in § 540-929A(7) of the Planning and Development Regulations of the Township of Middletown.
(8)
Front, side and rear yards for units within a development tract (except where parking occurs within yard areas), shall be subject to the regulations as stated in § 540-929A(8) of the Planning and Development Regulations of the Township of Middletown.
(9)
Recreation areas. For developments containing 30 dwelling units or more, an area equal to one acre plus 10% of the net tract area shall be provided in accordance with the regulations as stated in § 540-929A(9) of the Planning and Development Regulations of the Township of Middletown.
B.
Maximum regulations.
(1)
Impervious surfaces: 30% of the gross tract area.
(2)
Dwelling unit density. There shall not be more than three dwelling
units per acre for each gross acre.
(3)
Building coverage. Not more than 15% of the gross tract area
shall be covered by buildings to be constructed or used as dwelling
units, including garages and carports; providing, however, not more
than 20% of the gross tract area may be covered by: such dwelling
units (limited to 20% as aforesaid); and other buildings or structures,
including but not limited to gate houses, guard houses, storage facilities
for maintenance equipment, and administrative, social, cultural and
recreational facilities, which are expressly hereby permitted.
(4)
Number of dwelling units per building or in a row. A maximum
of eight residential dwelling units shall be permitted in each building.
No more than two residential dwelling units shall be allowed in a
row without a horizontal break of six feet in the facade.
(5)
Building height: for principal buildings, 35 feet or 2 1/2
stories, provided that no more than 2 1/2 stories may be above
the average elevation of finished grade around the perimeter of the
building. Townhouse dwelling units having a main entrance more than
four feet from grade level shall have enclosed private entranceways
at grade level.
C.
Unless provided to the contrary herein, applications for development
approval in the RTH-1 Zone shall follow and be subject to the applicable
ordinances, procedures, regulations, standards and guidelines as required
for preliminary and final site plan and/or subdivision review and
other applicable ordinances which are incorporated herein by reference.
[Amended 12-18-2000 by Ord. No. 2000-2605]
A.
Minimum regulations.*
(1)
Tract area: 10 gross acres.
(2)
Tract frontage: 150 feet.
(3)
Building setbacks:
(a)
From arterial or collector roads: 75 feet.
(b)
From tract boundary or local road right-of-way excluding internal
roadways: 50 feet.
(c)
From curb of any interior street: 18 feet.
(d)
From curb of any parking space: 10 feet, excluding individual
driveways used as parking spaces which lead to garages.
(e)
The approving authority may permit up to a 25% reduction of
any of the above standards where such a reduction would benefit the
overall project design, and would not result in any negative impact
to the health, safety and welfare of the residents of the community.
Additional landscaping, fencing, berming or other treatment may be
required by the approving authority in areas where such a reduction
is being considered.
(4)
Parking shall be provided in accordance with the regulations as specified in § 540-929A(4) of this chapter.
(5)
Fifty percent of the gross tract area shall remain as open space.
Additional landscaping may be required by the approving authority
in open space areas.
(6)
Recreation areas shall be provided within any development containing
30 units or more. Recreation areas shall be a minimum of 10% of the
gross tract area. Recreation areas may include active or passive recreational
facilities, however, at least 1/2 of a recreation area shall be devoted
to active recreation unless waived by the approving authority.
(7)
Where any development abuts a property containing a single-family
dwelling, a seventy-five-foot buffer shall be provided, at least 50
feet of which is provided with substantial vegetation designed to
provide a visual screen. Passive walkways, paths or sidewalks may
be located within a buffer area, subject to review by the approving
authority.
B.
Maximum regulations.*
(1)
Impervious surfaces. No more than 40% of the gross tract area
shall be covered by impervious surfaces.
(2)
Dwelling unit density in the RTH-2 zone. There shall be no more
than five dwelling units per gross acre of the tract. Seventeen and
one-half percent of the total number of dwelling units shall be set
aside for affordable housing in accordance with the regulations of
the Council on Affordable Housing.
(3)
Building height: 2 1/2 stories, not to exceed 35 feet.
(4)
Building design standards. Development in the RTH-2 and RTH-3 Zones shall adhere to § 540-604, Architectural and building design standards, and shall provide sufficient horizontal and vertical offsets to create visually attractive buildings and building clusters that relate well to site topography and important site features. Building design shall be characterized by a consistent system of surface material, trim design, and colors to visually unify the development and blend with the land.
C.
Unless provided to the contrary herein, applications for development
approval in the RTH-2 and RTH-3 Zones shall follow and be subject
to the applicable ordinances, procedures, standards and guidelines
as required for preliminary and final site plan and/or subdivision
review and other applicable ordinances which are incorporated within
this chapter.
D.
Other regulations.
(1)
Lots in the RTH-2 Zone which do not meet the minimum lot area
shall be permitted to develop in accordance with the R-10 Zone standards.
|
NOTE:
| ||
|---|---|---|
|
*
|
For purposes of these regulations, parcels in this zone that
are across the street or highway from each other that are planned
and developed together may be treated as one tract.
| |
A.
Minimum regulations.
(1)
Tract area: 12 acres.
(2)
Tract frontage: 300 feet for 225 dwelling units or less, 500
feet for more than 225 dwelling units, located on primary or secondary
arterial roads.
(3)
Building setbacks: 140 feet from a primary arterial road, 100
feet from a secondary arterial road, 80 feet from a collector road,
60 feet from any tract boundary or lot line or from any other right-of-way
line, except an internal street, 20 feet from the curb of an internal
street, 12 feet from a sidewalk along an internal street. The Planning
Board may permit reduction of the above setbacks from streets and
boundary lines if a landscape buffer, sufficient to insure adequate
visual privacy and noise control, is provided.
(4)
Parking.
(a)
Spaces per dwelling unit: 1.50 per efficiency unit, 1.75 per
one-bedroom unit, 2.00 spaces per two-bedroom unit and 2.25 per unit
with three or more bedrooms, but not less than 1.6 spaces per dwelling
unit in any development.
(b)
Parking setbacks for parking of three or more contiguous spaces.
[1]
One hundred feet from a primary arterial road.
[2]
Eighty feet from a secondary arterial road or collector road.
[3]
Thirty-five feet from a tract boundary line.
[4]
Fifteen feet from a common development lot line.
[5]
Twenty feet from any principal building line.
[6]
Eight feet from the curb of any major internal street.
[7]
Thirty feet from a pond or lake shoreline or stream bank; or
from the one-hundred-year floodplain.
(5)
Open space: 35% of the gross tract area. All open space shall
be set aside as permanent common open space. An area equal to 20 feet
measured in all directions from an apartment building shall not be
included in the area designated as open space herein required.
(6)
No unit shall contain more than three bedrooms. No more than
45% of the total units shall contain more than one bedroom. No more
than 15% of the total units shall contain three bedrooms.
|
Dwelling Unit Size
|
Minimum Unit or Apartment Size
(square feet)
| |
|---|---|---|
|
Efficiency
|
630
| |
|
1-bedroom
|
720
| |
|
2-bedroom
|
900
| |
|
3-bedroom
|
1,080
|
(7)
Distance between buildings.
(a)
Where both facing walls contain windows of habitable rooms,
75 feet, but not less than two times the eave height of the highest
habitable room.
(b)
Where only one of two facing walls contains windows of habitable
rooms, 30 feet, but not less than 1 1/2 times the eave height
of the highest building.
(c)
Where neither of two facing walls contains windows of habitable
rooms, 20 feet of the eave height of the highest building, whichever
is greater. Buildings shall be considered facing if the walls form
an angle of less than 45°.
(8)
Recreation areas.
(a)
Areas equal to one acre plus 10% of the gross tract area shall
be set aside as recreation areas. A maximum of 1/2 of the required
recreation areas may occur outside of the net tract area, provided
such areas are accessible and suitable for passive and active recreation
uses. No major active recreation facilities such as playfields and
tennis courts shall be within 30 feet of a tract boundary line nor
within 100 feet of a primary or secondary arterial right-of-way line,
nor within 80 feet of a major collector road. No recreation areas
are permitted in required yard areas.
(b)
All required recreational areas shall include improvements and
amenities for the use and benefit of, and to meet the needs of the
residents or occupants of a development. Unimproved natural areas
shall not qualify as required recreation areas. At least 50% of required
recreation areas shall be improved for active recreational uses such
as courts, playfields, swimming pools, and similar facilities.
B.
Maximum regulations.
(1)
Impervious surfaces: 38% of the gross tract area, and 25% of
any developed area within 80 feet of a lake or pond shoreline or the
one-hundred-year floodplain.
(2)
Dwelling unit density. There shall not be more than 9.25 dwelling
units per acre for each gross acre.
(3)
Building coverage. No more than 20% of the gross tract area
shall be covered by buildings.
(4)
Number of dwelling units per building. A maximum of 16 residential
dwelling units shall be permitted in each building.
(5)
Building length. No building shall exceed 260 feet in length
on any side nor an alternate building length on a side greater than
200 feet.
(6)
Undifferentiated facade. A change in building setback or break
in the building facade of at least four feet is required in horizontal
intervals not less than the equivalent length of four dwelling units
or 120 feet, whichever is less.
(7)
Building height: for principal buildings, 35 feet or three stories;
provided that no more than 2 1/2 stories may be above the average
elevation of finished grade around the perimeter of the building;
and provided further that no more than 30% of the total number of
apartments of multifamily dwelling units are located in three-story
buildings. No apartment or dwelling unit entrance shall be more than
one story above the main entrance level to a building. For accessory
buildings, 15 feet or one story.
C.
Unless provided to the contrary herein, applications for development
approval in the RGA Zone shall follow and be subject to the applicable
ordinances, procedures, regulations, standards and guidelines as required
for preliminary and final site plan review and other applicable ordinances
which are incorporated within this chapter.
A.
Minimum standards:
(1)
Tract area: 10 gross acres.
(2)
Tract frontage: 150 feet.
(3)
Building setbacks.
(a)
From arterial or collector roads: 75 feet.
(b)
From tract boundary or local road right-of-way: 50 feet.
(c)
From curb of interior street: 12 feet.
(d)
From curb of any parking space: 10 feet.
(e)
The approving authority may permit up to a 25% reduction of
any of the above standards where such a reduction would benefit the
overall project design and would not result in any negative impact
on the health, safety and welfare of the residents of the community.
Additional landscaping, fencing, berming or other treatment may be
required by the approving authority in areas where such a reduction
is being considered.
(4)
Parking shall be provided in accordance with the regulations as specified in § 540-932A(4) of this chapter.
(5)
Forty percent of the gross tract area shall remain as open space.
Additional landscaping may be required by the approving authority
in open space areas.
(6)
Recreation areas shall be provided within any development containing
30 units or more. Recreation areas shall be a minimum of 10% of the
gross tract area. Recreation areas may include active or passive recreational
facilities; however, at least 1/2 of a recreation area shall be devoted
to active recreation unless waived by the approving authority.
(7)
Where any development abuts a property containing a single-family
dwelling, a seventy-five-foot buffer shall be provided, at least 50
feet of which is provided with substantial vegetation designed to
provide a visual screen. Passive walkways, paths or sidewalks may
be located within a buffer area, subject to review by the approving
authority.
B.
Maximum regulations.
(1)
Impervious surfaces. No more than 40% of the gross tract area
shall be covered by impervious surfaces.
(2)
Dwelling unit density in the RGA-1 Zone shall be no more than
10 dwelling units per gross acre, and in the RGA-2 Zone, nine dwelling
units per gross acre. In all cases, 20% of the total number of dwelling
units shall be set aside for affordable housing in accordance with
the regulations of the Council on Affordable Housing and the Township
of Middletown. Where rental housing is to be provided, the maximum
density in the RGA-1 Zone shall be 13 dwelling units per gross acre,
and in the RGA-2 Zone, 12 dwelling units per gross acre. In both the
RGA-1 and RGA-2 Zones, where rental housing is required, a 15% set-aside
may be permitted.
(3)
Building height: 2 1/2 stories, not to exceed 35 feet.
C.
Building design standards. Development in the RGA-1 and RGA-2 Zones shall adhere to § 540-604, Architectural and building design standards, and shall provide sufficient horizontal and vertical offsets to create visually attractive buildings and building clusters that relate well to site topography and important site features. Building design shall be characterized by a consistent system of surface material, trim design, and colors to visually unify the development and blend with the land.
D.
Unless provided to the contrary herein, applications for development
approval in the RGA-1 and RGA-2 Zones shall follow and be subject
to the applicable ordinances, procedures, standards and guidelines
as required for preliminary and final site plan and/or subdivision
review and other applicable ordinances which are incorporated within
this chapter.
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued and in no case more than seven days
prior to the commencement of work. Trailers shall not remain on site
more than seven days after completion of all work. Temporary construction
trailers shall not be placed within the right-of-way of any improved
public road.
[Amended 10-6-2014 by Ord. No. 2014-3118]
A.
Minimum regulations.
(1)
Tract area: five acres.
(3)
Parking. Parking shall be provided per standards set forth by
the State of New Jersey Residential Site Improvement Standards, N.J.A.C.
5:21-4.14, or as approved by the Planning Board in developments where
the keeping of automobiles by residents is restricted.
(4)
Open space: 25% of the gross tract area.
(5)
Recreation areas: 100 square feet per dwelling unit. Up to 50%
of the minimum required recreation areas may be provided indoors.
C.
Other regulations.
(1)
The site design, building design, and layout of individual dwelling
units shall meet or exceed New Jersey Uniform Construction Code minimum
property standards for family and/or elderly housing, including provisions
for community activity spaces and the handicapped.
(2)
Buffer areas. Buffer areas shall be provided in accordance with § 540-606, except that minimum buffer width may be reduced to 25 feet. Buffers shall not be required adjacent to a public street, roadway or other public right-of-way.
(3)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
D.
Architectural and site design standards.
(1)
Building facades shall incorporate design features such as offsets,
balconies, decks, entrances, patios, courtyards, projections, window
reveals, or similar elements to preclude large expanses of uninterrupted
building surfaces. Along the vertical face of a building, these features
shall occur at a minimum of every 30 feet.
(2)
Offsets or breaks in roof elevation of two feet or greater in
height shall be provided to avoid visual monotony.
(3)
Building facades may be clad with durable man-made and/or natural
materials, including but not limited to brick, stone, wood and vinyl.
(4)
Building facades oriented towards a public street or roadway
shall incorporate at least one functioning point of building ingress
and/or egress. This point of ingress and/or egress shall enhance resident
connectivity to neighborhood services, establish a secure and attractive
visual relationship between the building and public viewsheds, and
contribute to a quality streetscape.
(5)
The texture, color and material of visible building foundations
shall complement the principal facade material. Expanses of exposed,
nontextured concrete should be avoided unless impracticable due to
demonstrated site constraints. Where exposed foundations extend more
than 2.5 feet above grade, design features such as foundation plantings,
raised planting beds, courtyards, and/or seating should be utilized
to minimize visibility.
(6)
Adequate, accessible and secure storage space shall be provided.
Common storage area and storage within or adjoining a dwelling shall
qualify as storage space.
(7)
Trash receptacles shall not be located in any front yard setback,
or within 25 feet of an adjacent property line.
C.
Other regulations.
(1)
The site design, building design, and layout of individual dwelling
units shall meet or exceed New Jersey Uniform Construction Code minimum
property standards for family and/or elderly housing, including provisions
for community activity spaces and the handicapped.
(2)
Unless otherwise specified herein or otherwise determined by
the approving authority, the maximum and minimum regulations of the
RGA Zone district shall apply for parking, building, yard and setback
standards.
(4)
Unless provided to the contrary herein, applications for development
approval in the RGA Zone shall follow and be subject to the applicable
ordinances, procedures, regulations, standards and guidelines as required
for preliminary and final site plan review and other applicable ordinances
which are incorporated herein by reference.
(5)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
A.
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued and in no case more than seven days
prior to the commencement of work. Trailers shall not remain on site
more than seven days after completion of all work. Temporary construction
trailers shall not be placed within the right-of-way of any improved
public road.
A.
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued and in no case more than seven days
prior to the commencement of work. Trailers shall not remain on site
more than seven days after completion of all work.
[Amended 6-17-1996 by Ord. No. 96-2441]
C.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued and in no case more than seven days
prior to the commencement of work. Trailers shall not remain on site
more than seven days after completion of all work. Temporary construction
trailers shall not be placed within the right-of-way of any improved
public road.
[Amended 6-17-1996 by Ord. No. 96-2441]
A.
Minimum regulations.
(1)
Lot area: 75 acres.
(2)
Lot frontage: 300 feet.
(4)
Parking. Off-street parking shall be provided in accordance with § 540-627R. Parking areas may be located in any required yard space, provided:
(6)
Distance between buildings. Where more than one principal building
is located on a lot or tract, the minimum open space between separated
buildings shall be 175 feet. Where buildings are to be connected to
a covered walkway at grade level, the separation may be reduced to
no less than 100 feet. Where buildings are to be connected by an atrium
which is structurally integrated into said buildings and considered
part of the gross floor area, this section shall not apply.
B.
Maximum regulations.
(1)
Lot coverage: 45%.
(2)
Floor area ratio (FAR): 0.25. Section 540-624A(4) of this chapter shall not apply for the purposes of calculating the maximum floor area ratio permitted in this section.
(3)
Building height. No building shall exceed five stories, exclusive
of basement and/or cellar used exclusively for housing mechanical
equipment, storage, and/or parking, or 75 feet in height, whichever
is greater.
C.
Parking structure. Parking structures located within the OR-3 Zone shall comply with all provisions of § 540-619 herein except as follows:
(1)
The height and maximum number of stories permitted shall be in accordance with § 540-940B(3) herein.
(2)
Parking structures are permitted to be located between a street
frontage and a commercial building as long as it is located outside
the required front yard setback.
D.
Landscaping. Notwithstanding § 540-622 herein, required landscaping shall be as follows:
(1)
A minimum of 25% of a site plan shall be reserved for landscaping
and/or left in its natural state.
(2)
No parking lot shall contain more than 20 spaces in a row without
interruption by a landscaped island at least eight feet wide.
(3)
All parking areas for 20 or more vehicles shall contain grassed
or landscaped areas at least six feet wide.
E.
Other regulations.
(1)
Temporary
construction trailers shall be permitted where active construction
work is proposed. Such trailers shall not be placed on site until
building permits have been issued and in no case more than seven days
prior to the commencement of work. Trailers shall not remain on site
more than seven days after completion of all work. Temporary construction
trailers shall not be placed within the right-of-way of any improved
public road.
[Amended 7-20-2009 by Ord. No. 2009-2979]
(Block 825, Lots 53, 54, 55, 56, 57, 59, 60, 61, 62, 63, 64,
65, 66, 67, 68, 69.01, 72, 73, 74, 75, 76, 77, 78, 79, 80 and 81)
A.
Minimum standards.
(1)
Minimum lot area: 20 acres.
(2)
Minimum building setbacks.
(a)
From arterial or collector roadway: 50 feet, except where any
jug handle intrudes into property, which buildings shall be no less
than 20 feet to the ROW jug handle in that instance.
(b)
From tract boundary or right-of-way: 35 feet.
(c)
From single-family residential zone: 75 feet, except detached
single-family homes are permitted with frontage on an extension of
Carriage Lane so long as the standards and regulations of the R-22
Zone are complied with for each lot and structure.
(d)
From internal streets: 12 feet.
(3)
Parking setbacks.
(a)
From arterial or collector roadway: 50 feet, except that parking
for affordable housing units may be located to within 20 feet from
arterial or collector roadways.
[Amended 2-16-2010 by Ord. No. 2010-2999]
(b)
From tract boundary or right-of-way (other than internal streets):
50 feet, except for parking for affordable housing units which may
be no closer than 20 feet.
(c)
From principal buildings: six feet, except for driveway parking
spaces.
(4)
Buffer requirements.
(a)
No structure or paved area associated with a retail use shall
be located within 150 feet of a single-family residential zone.
(b)
No structure or paved area associated with any office use shall
be located within 100 feet of a single-family residential zone.
(c)
Structures associated with drainage facilities may be permitted
within any required buffer area.
B.
C.
Other regulations.
(1)
All residential uses on the site shall be developed at a density
not to exceed 4.5 units per gross tract area.
(2)
Performance residential development shall be permitted on any
portion of the PD Zone consistent with the R-22 standards and shall
be exempt from the minimum tract size requirement.
(3)
Any application for development greater than 100 acres in size
may, in addition to the application for site plan approval, also include
a request for a general development plan approval for the full development
of the project. This application shall be submitted consistent with
N.J.S.A. 40:55D-45, 45.1, 45.2 and 45.3 and include information outlined
in the above referenced statutory sections that the Board deems necessary
for review and determination of general development plan approval.
The term of the general development plan approval shall be determined
by the Planning Board using the guidelines set forth in N.J.S.A. 40:55D-45.1(c);
however, the term shall not be less than 10 years nor more than 20
years from the date upon which the developer receives final approval
of the first section of the planned development.
(4)
The general development plan for the full development of the
project must contain a minimum of three of the below uses, and each
use shall not comprise more than the maximum percentage listed below,
unless otherwise specified herein. Nonresidential development shall
comprise a minimum 30% of the full development of the PD Zone.
|
Uses
|
Maximum Percent of Full Development
| ||
|---|---|---|---|
|
Office uses
|
40%
| ||
|
Retail uses
|
50%
| ||
|
Multifamily residential
|
50%
| ||
|
Single-family residential
|
40%
| ||
|
Other uses
|
30%
| ||
|
Farms
|
100%
|
(5)
At the request of the applicant, any of the standards and regulations
applicable to the PD Zone may be increased or decreased up to 10%
by the approving authority, without need for a variance application.
(6)
Buildings containing a mix of uses, including residential, shall be permitted in the PD Zone. Any structure containing a mix of uses which includes residential shall be considered a nonresidential structure (except the residential floor area shall not be included in the floor area ratio calculation). Additionally, for the purpose of calculating the mix of uses per Subsection C(4), the square footage of any use within a mixed-use structure shall be added separately and shall contribute to the maximums specified in Subsection C(4).
(7)
After approval (including general development plan approval,
preliminary site plan approval and/or final site plan approval), it
shall be permissible to sell individual portions of the project (and
obtain subdivision approval if necessary) so long as all portions
of the project shall remain consistent and in conformance with the
general development plan. Such subdivision and sale shall not add
additional requirements to the project that were not present prior
to the proposal to subdivide and sell a portion of the project.
(8)
Parking lot landscaping. Section 540-622D(4) and (5) shall not apply to the PD Zone.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 2000-2601, 2001-2644, 2001-2645, 2004-2760, 2004-2798
and 2004-2801.
[Amended 6-16-2003 by Ord. No. 2003-2723; 12-6-2004 by Ord. No. 2004-2793]
A.
Standards.
(1)
No lot area or building setback within the Federal Land Zone
shall be modified or further reduced below the area or setback in
existence at the time of the adoption of this section.
(2)
No use other than the uses which are in existence on any property
in the Federal Land Zone shall be permitted.
[Amended 9-21-2009 by Ord. No. 2009-2989]
A.
Purpose.
(1)
The flood hazard areas of Middletown Township are subject to
periodic inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare. These flood losses are
caused by the cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities, and when
inadequately anchored, causes damage in other areas. Uses that are
floodproofed, elevated or otherwise protected from flood damage also
contribute to the flood loss.
(2)
It is the purpose of this section to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed:
(a)
To protect human life and health;
(b)
To minimize expenditure of public money for costly flood control
projects;
(c)
To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public;
(d)
To minimize prolonged business interruptions;
(e)
To minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines, streets
and bridges located in areas of special flood hazard;
(f)
To help maintain a stable tax base by providing for the sound
use and development of areas of special flood hazard so as to minimize
future flood blight areas;
(g)
To ensure that potential buyers are notified that property is
in an area of special flood hazard; and
(h)
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
(3)
Methods of reducing flood losses. In order to accomplish its purposes, this section and § 540-527 include methods and provisions for:
(a)
Restricting or prohibiting uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which result
in damaging increases in erosion or in flood heights or velocities;
(b)
Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time
of initial construction;
(c)
Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
(d)
Controlling filling, grading, dredging, and other development
which may increase flood damage; and
(e)
Preventing or regulating the construction of flood barriers
which will unnaturally divert floodwaters or which may increase flood
hazards in other areas.
B.
Applicability. Any and all lands or portions of lands which extend into, traverse, or lie within the area of special flood hazard or floodplain as delineated in the report and maps referenced in § 540-901A(5) shall be subject to the rules and regulations as set forth herein as well as the other development regulations applicable to the zone district in which said lands are placed.
C.
Prohibited uses. No person shall hereafter engage in or cause other persons to engage in any of the following prohibited activities or land uses within any portion of a flood hazard area, except as permitted as a lawful preexisting use pursuant to Article VII of this chapter:
(1)
The placing, depositing or dumping of any solid waste.
(2)
The dumping, disposal or discharge of pesticides, domestic or
industrial wastes, radioactive materials, petroleum products or other
hazardous materials, except as authorized under other provisions of
law, including authorized Mosquito Control Commission programs.
D.
Regulated uses. For purposes of this section, regulated uses are
activities and land uses within the flood hazard area which:
(2)
Result in excavation, fill, or grading;
(3)
Require channel modification or relocation;
(4)
Require, under the terms of this chapter, approval of a subdivision,
site plan, conditional use, or require a variance pursuant to N.J.S.A.
40:55D-70c, 40:55D-70d, and 40:55D-76a;
(5)
Require the erection of a structure or building (temporary and
permanent).
E.
Floodplain encroachment permit required.
(1)
Subject to the provisions of Article VII (§ 540-709) of this chapter, no person shall hereafter engage or cause other persons to engage in any development or regulated use in an area of special flood hazard as defined herein unless and until such person shall have applied for and received from the Administrative Officer (Construction Official) a floodplain encroachment permit.
[Amended 4-15-2013 by Ord. No. 2013-3082]
(2)
Where a lot, tract, or parcel is proposed for development and
a portion of said lot, tract, or parcel lies within a special flood
hazard area, a development permit may be issued without the prior
approval and issuance of a floodplain encroachment permit, provided
said development does not in any way during or as a result of construction
or development disturb the natural condition of or encroach upon the
special flood hazard area and/or result in any man-made change to
the special flood hazard area, including the placement therein of
buildings or structures or mining, dredging, filling, grading, paving,
excavation, or drilling; and provided, moreover, that said development
does not require site plan, subdivision, or conditional use approval
nor require the issuance of any variance. The Administrative Officer
(Construction Official) may require such information prior to the
issuance of the development permit and impose such conditions to assure
that the development does not disturb or encroach upon the special
flood hazard area.
[Amended 4-15-2013 by Ord. No. 2013-3082]
(3)
Minor uses or activities within a special flood hazard area,
such as but not limited to gardens, flower beds, open fences, temporary
plan equipment, lawn furniture or the removal of dead or diseased
trees, which are accessory to and normally associated with the enjoyment
of a single- or two-family dwelling and which in the opinion of the
Administrative Officer (Construction Official) do not alter or increase
the flood hazard do not require a floodplain encroachment permit.
[Amended 4-15-2013 by Ord. No. 2013-3082]
(4)
Practices within a special flood hazard area that are related
to a farm, such as terracing, construction of diversions, subsurface
drainage, construction of grassed waterways and dug ponds, shall be
designed and constructed under the supervision of the Freehold Soil
Conservation District and shall be considered a regulated use for
which the issuance of floodplain encroachment permit is required.
F.
It shall be the duty and responsibility of the Administrative Officer
(Construction Official) to issue or deny an application for a floodplain
encroachment permit after consultation with the Township Engineer
and the Zoning Officer in accordance with the following:
[Amended 4-15-2013 by Ord. No. 2013-3082]
(1)
Review all such applications to determine that the permit requirements
of this chapter have been satisfied.
(2)
Review all such applications to determine that all necessary
permits have been obtained from those federal, state, or local governmental
agencies from which prior approval is required.
(3)
When base flood elevation and floodway data has not been provided in accordance with § 540-901A(5)(a)[1] and [2], then the Administrative Officer (Construction Official) shall obtain review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 540-527G and I.
[Amended 4-15-2013 by Ord. No. 2013-3082; 6-4-2018 by Ord. No. 2018-3221]
(4)
Obtain, verify and record the actual elevation (in relation
to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures, and whether or not the structure
contains a basement.
(5)
Review all development permits in the coastal high-hazard area
and Coastal A Zone to determine if the proposed development alters
sand dunes or other natural coastal protections so as to increase
potential flood damage.
[Amended 6-4-2018 by Ord.
No. 2018-3221]
(6)
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of § 540-527L are met.
[Amended 6-4-2018 by Ord.
No. 2018-3221]
(7)
Review plans for walls to be used to enclose space below the
base flood level in accordance with § 540-527M(2)(d).
[Amended 6-4-2018 by Ord.
No. 2018-3221]
(9)
For all new or substantially improved floodproofed structures:
(a)
Verify and record the actual lowest floor elevation (in relation
to mean sea level); and
(b)
Maintain the floodproofing certifications required in § 540-943H(2)(d).
(10)
In coastal high-hazard and Coastal A Zone areas, certifications
shall be obtained from a registered professional engineer or architect
that the provisions of § 540-527M(2)(b)[1] and [2] are met.
[Amended 6-4-2018 by Ord.
No. 2018-3221]
(11)
Maintain for public inspection all records pertaining to the
provisions of this section.
(12)
Alteration of watercourses.
(a)
Notify adjacent communities and the New Jersey Department of
Environmental Protection, Bureau of Flood Control, and land use regulation
program prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Insurance Administration.
[Amended 6-4-2018 by Ord.
No. 2018-3221]
(b)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
(13)
For any development application involving a regulated use and for which approval of a subdivision, site plan, conditional use, or a variance is required, the Administrative Officer (Construction Official) shall refer said application to the Planning Board or Zoning Board for review and approval, approval with conditions, or denial for the floodplain encroachment permit in accordance with § 540-943J.
[Amended 4-15-2013 by Ord. No. 2013-3082]
(14)
Information to be obtained and maintained.
[Added 6-4-2018 by Ord.
No. 2018-3221]
(a)
Obtain and record the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new or
substantially improved structures and whether or not the structure
contains a basement.
(b)
For all new or substantially improved floodproofed structures:
[1]
Verify and record the actual elevation (in relation
to mean sea level); and
[2]
Maintain the floodproofing certifications required in § 540-943H(2)(d).
(c)
In coastal high-hazard and Coastal A Zone areas, certification
shall be obtained from a registered professional engineer or architect
that the provisions of § 540-527M(2)(a) and (b)[1], [2]
and [3] are met.
(d)
Maintain for public inspection all records pertaining to the
provisions of this Ordinance No. 2018-3221.
(15)
Interpretation of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 540-527N.
[Added 6-4-2018 by Ord.
No. 2018-3221]
(16)
Substantial damage review.
[Added 6-4-2018 by Ord.
No. 2018-3221]
(a)
After an event resulting in building damages, assess the damage
to structures due to flood and nonflood causes.
(b)
Record and maintain the flood and nonflood damage of substantial
damage structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Bureau of Flood Control.
G.
Duties and responsibilities of the Board of Adjustment. In those cases where an application for development requires a floodplain encroachment permit for a regulated use as a precondition to the issuance of a development permit as set forth in § 540-943F, and such application for development is under the jurisdiction of the Zoning Board of Adjustment, then the Board of Adjustment shall have the same power to act on the application for a floodplain permit subject to the same restrictions and requirements as the Planning Board.
H.
Application procedures. Where an application for development is classified
as a regulated use within a flood hazard area, the applicant shall
submit for a floodplain encroachment permit the following to the Administrative
Officer (Construction Official):
[Amended 4-15-2013 by Ord. No. 2013-3082]
(1)
Application fee.
(2)
Four copies of the floodplain encroachment application form
and plans showing the following information:
(a)
A plan drawn to scale showing the nature, location, dimensions,
and elevations of the area in question, existing or proposed structures,
fill, storage of materials, drainage facilities and the location of
the foregoing.
(b)
Elevation in relation to mean sea level of the lowest floor
(including basement) of all structures.
(c)
Elevation in relation to mean sea level to which any nonresidential
structure has been floodproofed.
(d)
Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of § 540-527I and a certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 540-527I.
[Amended 6-4-2018 by Ord.
No. 2018-3221]
(e)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(3)
Distribution.
(a)
The Administrative Officer (Construction Official) shall distribute
the application form and plans as follows:
[Amended 4-15-2013 by Ord. No. 2013-3082]
(b)
All information shall be complete, responsive and accurate to
the best of the applicant's knowledge and ability, and, if required,
be prepared by a licensed professional engineer, architect, and/or
land surveyor.
(4)
Declaration of completeness of submission of additional information.
Within 30 days of its submission, the Administrative Officer (Construction
Official) shall take action on an application for a floodplain encroachment
application. Such action may approve, deny, or declare incomplete
said application or notify the applicant that the development requires
approval by the Planning Board or Zoning Board. The applicant shall
be notified in writing of the action taken. If the application is
incomplete, the applicant shall be notified of the additional items
or information required to complete the application. Failure of the
applicant to furnish such information within 20 days of being so notified
will result in denial of the application. The Administrative Officer
(Construction Official) shall not issue a floodplain encroachment
permit unless a favorable report has been issued by the Township Engineer's
office and any required prior approval of the Planning Board or Board
of Adjustment has been granted.
[Amended 4-15-2013 by Ord. No. 2013-3082]
I.
Development applications to be consolidated with floodplain encroachment
permit applications. Any person who intends to apply for a floodplain
encroachment permit hereunder, and who further intends to apply for
conditional use approval for subdivision approval, for site plan approval,
or for any variance pursuant to N.J.S.A. 40:55D-70c, 40:55D-70d, or
40:55D-76a, shall consolidate all information required by the floodplain
encroachment application to be platted with all tentative and final
subdivision plats, site plans, or other such plans submitted pursuant
to this chapter. Additional copies of the floodplain encroachment
application form shall be submitted as required by the Board. Where
platted information has been consolidated as herein required, the
Planning Board or Board of Adjustment shall consider simultaneously
the application for a floodplain encroachment permit and the application
for subdivision, site plan, conditional use or variance approval.
Where platted information has been consolidated as herein required,
such consolidation shall not constitute a waiver of the requirements
of any other provision of this or any other ordinance, except that
the Planning Board may refrain from taking any action on such floodplain
encroachment permit application until final subdivision, site plan,
conditional use, or variance approval is granted or denied. This subsection
is in no way intended to excuse any applicant for subdivision or site
plan approval from any other applicable provisions of this chapter
of the Township ordinance, or any other provisions of law, but is
solely intended to eliminate the necessity for dual submission.
J.
A floodplain encroachment permit may be issued if, after review and
consideration of the application, with due regard for the criteria
of this chapter, the use or activity as proposed by the applicant,
or as conditioned by the approving authority:
(1)
Has low flood damage potential;
(2)
Neither obstructs flood flows nor increases flood heights or
velocities unduly, whether acting alone or in combination with other
existing or expected uses; and does not increase significantly the
rate of local runoff, erosion and sedimentation;
(3)
Does not degrade significantly the water-carrying capacity of
any delineated floodway or channel;
(4)
Does not degrade significantly the quality of surface water
or the quality and quantity of groundwaters;
(5)
Does not stress unduly the environment of the floodplain;
(6)
Does not require channel modification or relocation;
(7)
Does not involve the storage of hazardous materials;
(8)
Does not require excessive fill;
K.
Conditional issuance. The approving authority may impose such conditions
on regulated uses as it deems necessary to promote and protect the
public safety, health and welfare, to protect public and private property
and to preserve, protect and enhance the natural environment of the
floodplain.
L.
Certification prior to occupancy. Prior to the issuance of a certificate
of occupancy for buildings or structures erected within a coastal
high-hazard area utilizing structural support pursuant to § 540-527M(2)(b),
an engineer or architect licensed in the State of New Jersey must
certify that such supports have been built to comply with § 540-527M(2)(b).
[Amended 6-4-2018 by Ord.
No. 2018-3221]
M.
Revocation of floodplain encroachment permits. Floodplain encroachment
permits may be revoked by the Municipal Agency or Administrative Officer
(Construction Official) for any violation of these regulations or
for violations of any permit conditions. Continuation of the use or
activity subsequent to revocation shall be deemed a violation of this
chapter.
[Amended 4-15-2013 by Ord. No. 2013-3082]
N.
Penalties. No structure or land shall hereafter be constructed, relocated, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Any persons engaging in a use or activity prohibited in this section or engaging in an activity without receiving a floodplain encroachment permit where one is required shall be subject to the penalties of § 540-309A.
[Amended 6-4-2018 by Ord.
No. 2018-3221]
O.
Design waivers. An applicant desiring a waiver of the design conditions and standards required for the issuance of a floodplain encroachment permit may appeal to the Township Zoning Board for a waiver in accordance with § 540-527N.
[Amended 6-4-2018 by Ord.
No. 2018-3221]
P.
Abrogation and greater restrictions. This section is not intended
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this section and other ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
R.
Warning and disclaimer of liability. The degree of flood protection
required by this chapter is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This section does not imply
that land outside the area of special flood hazards or uses permitted
with such areas will be free from flooding or flood damages. This
section shall not create liability on the part of the Township of
Middletown, any officer or employee thereof or the Federal Insurance
Administration, for any flood damages that result from reliance on
this section or chapter or any administrative decision lawfully made
thereunder.
A.
Purpose.
(1)
The purpose of this section is to promote the educational, cultural,
economic and general welfare of the Township through the preservation
of historic buildings and structures and of places and districts through
the development and maintenance of appropriate settings for such buildings,
structures, places and districts which impart to residents and visitors
alike a distinct aspect of the Township and which serve as visible
reminders of the historical and cultural heritage of the Township,
state and the nation.
(2)
To accomplish this purpose, the Township has adopted provisions
intended to:
(a)
Safeguard the heritage of the Township by preserving resources
within the Township which reflect elements of its cultural, social,
economic and architectural history;
(b)
Encourage the continued use of historic landmarks and to facilitate
their appropriate reuse;
(c)
Promote appreciation of historic landmarks for education, pleasure
and the welfare of the local population;
(d)
Maintain and develop an appropriate and harmonious setting for
the historic and architecturally significant buildings, structures,
site objects, or districts within Middletown Township;
(e)
Foster beautification and private reinvestment;
(f)
Manage change by preventing alteration or new construction not
in keeping with the districts;
(g)
Discourage the unnecessary demolition of historic resources;
(h)
Recognize the importance of individual historic landmarks located
outside of a district by urging property owners and tenants to maintain
their properties in keeping with the requirements and standards of
this chapter;
(i)
Encourage the proper maintenance and preservation of historic
settings and landscapes;
(j)
Enhance the visual and aesthetic character, diversity, continuity
and interest of the Township;
(k)
Promote the conservation of historic sites and districts and
to invite voluntary compliance.
B.
Applicability. Any and all lands which are designated as historic
landmarks or lie within an historic district shall be subject to the
rules and regulations as set forth herein as well as the other development
regulations applicable to the zone district in which said lands are
placed. The following criteria shall be used in designating a site
or district as historic:
[Amended 2-6-2017 by Ord.
No. 2017-3185]
(1)
The landmark or district is of particular historic significance
to the Township of Middletown by reflecting or exemplifying the broad
cultural, political, economic, or social history of the nation, state,
or community;
(2)
The landmark or district is associated with historic personages
important in national, state, or local history;
(3)
The landmark or district is the site of an historic event which
had a significant effect on the development of the nation, state,
or community;
(4)
The landmark or district is an embodiment of the distinctive
characteristics of a type, period, or method of architecture or engineering;
(5)
The landmark or district is representative of the work of an
important builder, designer, artist, or architect;
(6)
The landmark or district is significant for containing elements
of design, detail, materials, or craftsmanship which represent a significant
innovation; or
(7)
The landmark or district is able or likely to yield information
important in prehistory or history.
C.
Regulated activities.
(1)
For purposes of § 540-944, regulated activities on an historic landmark or within a historic district shall include the following:
(a)
Demolition of any historic landmark or an improvement within
an historic district.
(b)
Relocation of any building, structure or improvement.
(c)
Change in the exterior appearance of any building, structure
or improvement by addition, reconstruction, alteration, replacement
or maintenance.
(d)
Any addition or new construction of an improvement.
(e)
Replacement, changes in, or addition of signs, shutters, outdoor
displays, fences and hedges, street furniture, awnings, off-street
driveway and parking materials, or exterior lighting.
(f)
Installation or replacement of sidewalks, porches, fire escapes,
solar panels, and satellite dish antennas.
(2)
In no instance shall the following be considered regulated activities:
(a)
Changes to the interior of structures.
(b)
Ordinary repairs and maintenance or the exact replacement of
any existing architectural details that are otherwise permitted by
law, provided this work on an historic landmark does not alter the
exterior appearance of the building. The following are some of the
activities which may be permitted according to this criteria:
[1]
Complete identical replacement of existing windows and doors.
[2]
Repair of existing windows and doors involving no change in
their design, scale or appearance. Installation of storm windows and
doors.
[3]
Complete replacement of existing material with identical material.
[4]
Maintenance and repair of existing roofing material involving
no change in the design, scale or appearance of the structure.
[5]
Structural repairs which do not alter the exterior appearance
of the building.
[6]
Complete identical replacement of existing roof structures such
as cupolas, dormers and chimneys, or the repair of same which does
not alter their exterior appearance.
[7]
Complete replacement of existing shingles, clapboards, or other
siding with identical material.
[8]
Maintenance and repair of existing shingles, clapboards, or
other siding involving no change in design, scale or appearance of
the structure.
[9]
Exterior painting of existing structures. The Commission may
recommend colors harmonious with those currently used in the historic
district.
D.
Landmarks Commission review required.
(1)
No person shall hereafter engage or cause other persons to engage
in any regulated activity on an historic landmark or within an historic
district as defined herein unless and until such person shall have
applied for and received a development permit from the Administrative
Officer (Zoning Officer).
(2)
It shall be the duty and responsibility of the Administrative Officer (Zoning Officer) to refer all applications for issuance of permits pertaining to regulated activities on an historic landmark or within an historic district as set forth in § 540-944C to the Landmarks Commission for a written report on the application of the Zoning Ordinance provisions concerning historic preservation to any of those aspects of the change proposed which aspects were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law, P.L. 1975 c. 291. The Landmarks Commission shall submit its written report to the Administrative Officer (Zoning Officer) and shall send a copy of the report to the applicant within 45 days of its referral to the Commission. If within the forty-five-day period the Landmarks Commission recommends against the issuance of a permit or recommends conditions to the permit to be issued, the Administrative Officer (Zoning Officer) shall deny issuance of the permit or include the conditions in the permit. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.
(3)
Applications for development which are in an historic district or on an historic landmark designated pursuant to § 540-901A and require approval by the Planning Board or Board of Adjustment shall be referred by the Administrative Officer (Zoning Officer) directly to the appropriate Board. The Board shall forward a copy of the complete application to the Landmarks Commission at least 14 days prior to the hearing. Failure to forward the copy shall not invalidate any hearing or proceeding. The Landmarks Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
(4)
Landmarks Commission review shall not be required when an historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others. Emergency repairs may be performed in accordance with Township codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark, or others, and/or to maintain the habitability of the structure. A request for the Commission's review shall be made as soon as possible, and no further work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this chapter. All work done under this section shall conform to the criteria set forth in § 540-530.
(5)
Approval, denial or postponement.
(a)
In its review of applications for demolition of an historic landmark or an improvement in an historic district pursuant to § 540-944D(2) and (3), the Landmarks Commission may recommend the postponement of demolition for a period not to exceed one year. The Commission shall utilize this time period to consult with the Township Committee, the New Jersey Department of Environmental Protection or other similarly qualified organizations to ascertain how the Township may preserve the premises to be demolished. The Commission shall be empowered to assist the owner in developing plans to preserve the structure when moving or demolition thereof would be a great loss to the Township. The Commission shall be empowered to negotiate with the applicant to see if an alternative to demolition can be found and may require the applicant to prepare a financial analysis, which may include any or all of the following:
[1]
Amount paid for the property, date of purchase, and party from
whom purchased, including a description of the relationship, whether
business or familial, if any, between the owner and the person from
whom the property was purchased;
[2]
Assessed value of the land and improvements thereon according
to the most recent assessment;
[3]
For depreciable properties, a pro forma financial statement
prepared by an accountant or broker of record;
[4]
All appraisals obtained by the owner in connection with his
purchase or financing of the property, or during his ownership of
the property;
[5]
Bona fide offers of the property for sale or rent, price asked,
and offers received, if any;
[6]
Any considerations by the owner as to profitable, adaptive uses
for the property.
(b)
The Commission shall study the question of economic hardship
for the applicant and shall determine whether the site or the property
in the historic district can be put to reasonable beneficial use without
the approval of the demolition application. In the case of an income-producing
building, the Commission shall also determine whether the applicant
can obtain a reasonable return from his existing building. The Commission
may ask applicants for additional information to be used in making
these determinations.
E.
Where an application for development is found by the Administrative Officer (Zoning Officer) to require Landmarks Commission review pursuant to § 540-944D(2), the applicant shall be required to submit an application for certificate of appropriateness to the Administrative Officer (Zoning Officer). As part of this application, the Landmarks Commission may require the submission of such materials as are reasonably required for it to render a decision on the application. This application shall accompany the application for development when it is referred to the Landmarks Commission for review and must be complete in order to be considered. The Landmarks Commission shall advise the applicant in writing of the time, date, and place of the meeting at which the matter will be reviewed at least three days prior to the meeting. The Landmarks Commission may advise other interested parties of the meeting and may publish notices of the meeting in the newspaper. The applicant shall not be required to appear or to be represented at the meeting. The applicant may appear at the meeting and may submit additional information if he so chooses.
F.
Time limit and effect of certificate of appropriateness. A certificate
of appropriateness shall confer upon the applicant the right that
the general terms and conditions upon which the certificate was granted
shall not be changed for one year. Any certificate hereafter granted
shall expire by limitation unless the approved activity has commenced
within one year of the date of the certificate. The Landmarks Commission
may extend the time period. Where other approvals or permits are required
pursuant to this chapter, the certificate of appropriateness shall
be valid for the life of those approvals or permits or extensions
thereof.
[Amended 10-19-1998 by Ord. No. 98-2529]
A.
Accessory apartments shall be permitted in all single-family residential
zones, including the R-O Zone and in the B-1 Zone. Accessory apartments
are permitted as a result of the Township's Affordable Housing Plan,
which contemplates the creation of 69 affordable accessory apartments
over the next six years. The Township Committee reserves the right
to rescind these regulations at such point that the Township's accessory
apartment obligation has been satisfied, subject to the approval of
the New Jersey Council on Affordable Housing (COAH).
B.
ACCESSORY APARTMENT
For the purposes of this section, "accessory apartment" shall be
defined as follows:
A second dwelling unit located on a lot containing a single-family
dwelling. Such a dwelling may be located within a principal structure,
added to a principal structure, or located in a separate accessory
building. The creation of such a dwelling unit shall be clearly incidental
to the primary use of the property as a single-family dwelling and
shall in no way confer upon the property owner any future rights to
subdivide the existing lot in order to place each unit on a separate
lot unless such a subdivision and the structures involved could conform
to all municipal zoning standards. Accessory apartments shall conform
to the requirements of the New Jersey Council on Affordable Housing.
C.
Minimum standards.
(1)
Lot area. Accessory apartments shall be permitted on lots of
7,500 square feet or greater. Except where there exists a qualifying
existing accessory apartment, which is on a lot of less than 7,500
square feet, such an apartment can be counted as long as all other
standards and regulations can be met.
(2)
Unit size and type. Accessory apartments shall contain at least
500 square feet of gross floor area. Each unit must also contain bathroom
and kitchen facilities. Units attached to principal dwellings must
have a separate entrance, but shall not have access directly to the
principal dwelling from within the structure. A deed restriction shall
be applied to properties with accessory apartments which are completely
detached, specifying that such units may not be subdivided off in
the future.
(3)
Parking. A minimum of one off-street parking space shall be
provided for an accessory apartment. Parking for an accessory apartment
may be permitted on an adjacent lot subject to a formal lease arrangement
between the property owners, which will ensure the availability of
parking for a period of at least 10 years. In no case shall parking
for an accessory dwelling result in a reduction of the existing parking
for a principal dwelling below two spaces.
(4)
Building setbacks. No new accessory structure shall be located
in any front setback or less than 10 feet from any side or rear property
line. Additions to existing accessory structures, which do not conform
to the required setbacks, shall be permitted as long as no setback
is to be decreased. In the case of lots in excess of 30,000 square
feet, the minimum side or rear setback shall be 20 feet.
D.
Maximum regulations. Notwithstanding the building height limitations
which apply to accessory structures, structures containing an accessory
apartment which is developed in a manner which will contribute to
the Township's Mount Laurel obligation shall be permitted to build
up to 2 1/2 stories and 35 feet.
E.
Other regulations.
(1)
Accessory apartments shall be limited to one bedroom, except
that on lots in excess of 30,000 square feet, an accessory apartment
shall be permitted to contain two bedrooms. A two-bedroom accessory
apartment shall be required to provide two off-street parking spaces.
(2)
Prior to the issuance of a building permit for an accessory
apartment, site plan and architectural plans must be submitted depicting
in detail the size, location and appearance of the proposed structure.
Any construction relative to the creation of an accessory apartment
shall be architecturally treated in a manner which is consistent with
the appearance of other structures on site.
(3)
Where new paved or gravel driveways or parking areas are proposed,
a minimum five-foot setback from any side or rear property line shall
be maintained. Landscaping and/or solid fencing shall be provided
to screen such areas from the adjacent property. The proposed screening
shall be specified on the site plan.
(4)
Accessory apartments shall be developed for the housing of low-
and moderate-income persons and shall conform in all respects with
the requirements of the New Jersey Council on Affordable Housing.
(5)
The affirmative marketing procedures, tenant selection process
and maintenance of waiting lists shall be administered by the Department
of Planning and Community Development.
(6)
Except for the R-220, R-130, R-110 and R-90 Zones, no detached
accessory apartment shall be located closer to a public street adjoining
a front yard than the principal structure.
[Amended 6-18-2001 by Ord. No. 2001-2639; 4-28-2004 by Ord. No. 2004-2765; 12-6-2004 by Ord. No. 2004-2800; 6-19-2006 by Ord. No. 2006-2882]
A.
Purpose. The purpose of these regulations is to further the implementation
of the Township's Affordable Housing Program by establishing an overlay
zone for the creation of housing units above existing or proposed
commercial developments. This method of providing affordable housing
is provided for in the Township's amended housing element. At least
20% of the dwelling units constructed as a result of this section
shall be affordable and shall comply in all respects with the rules
and regulations of the New Jersey Council on Affordable Housing as
they now exist or as they may be amended.
B.
The standards established herein shall be applicable to the following
properties:
[Amended 11-16-2009 by Ord. No. 2009-2992]
(1)
Block 962, Lot 31.
(2)
Block 386, Lots 5 and 6.
(3)
Block 262, Lot 2.
(4)
Block 204, Lot 1.
(5)
Block 265, Lots 65, 66, 67. [NOTE: The development of this property
shall be in accordance with the standards specified in Exhibit A attached
hereto.]
(6)
Block 187, Lot 24.
(7)
Block 443, Lots 1 and 2.
(8)
Block 260, Lot 2.
(9)
Block 646, Lot 29.
(10)
Block 499, Lot 2.
C.
The number of units permitted on each site shall be determined by
the number of parking spaces available, but in no case shall exceed
20 units in any single project.
(1)
There shall be at least one off-street parking space for each
new dwelling unit created.
(2)
Where there is existing parking on a property, sufficient to
provide one space for each new dwelling unit, then additional parking
may be required, where feasible, by the approving authority, subject
to site plan review.
(3)
All applicants for the residential over commercial program shall
be subject to site plan review by the appropriate board. The purpose
of the site plan review will be to determine the following:
D.
No building shall be permitted to exceed the maximum building height
of the zone.
E.
Lot coverage requirements of the zone shall be complied with. Where
the existing development already exceeds the permitted lot coverage,
the creation of residential over commercial dwelling units shall not
be permitted to increase the coverage any further, except as necessary
to provide required parking.
F.
The maximum floor area ratio for the zone shall be permitted to be
increased by 20% in order to accommodate the residential units.
G.
Projects developed under this program shall limit dwelling units
as follows:
(1)
All units shall be one bedroom for development up to six total
units.
(2)
Where more than six units are proposed, at least 75% shall be
one bedroom and no more than 25% may be two bedrooms.
(3)
Where an applicant can provide two parking spaces per dwelling
unit on site, all units may be two bedrooms.
H.
Setbacks.
(1)
Additions to buildings in order to provide affordable housing
units shall not extend beyond the existing building footprint, except
for architectural projections as may be permitted elsewhere in the
Zoning Ordinance, balconies and stairways or where said projection
will conform to the required building setback of the zone.
(2)
Where completely new construction is proposed, all setbacks
shall conform to the appropriate zoning regulations.
I.
Prior to issuance of a building permit for any development pursuant
to this section, the developer/applicant shall enter into an agreement
with the Township of Middletown, which shall include, but not be limited
to, language that will ensure the development is constructed in a
manner that will satisfy the New Jersey Council on Affordable Housing
and the Township's Housing Plan.
J.
Exhibit A (§ 540-946).
|
EXHIBIT A
| |||
|---|---|---|---|
|
(§ 540-946)
| |||
|
Development Standards for Residential Over Commercial
Development Site Known as Block 265, Lots 65, 66, 67, Middletown Township,
New Jersey
| |||
|
Bulk Standard
|
Requirement
| ||
|
Minimum tract area
|
2 acres
| ||
|
Maximum dwelling unit density
|
8 units per acre
| ||
|
Minimum frontage
|
250 feet
| ||
|
Minimum building setbacks
| |||
|
Front yard
|
50 feet
| ||
|
Side yard
|
20 feet
| ||
|
Rear yard
|
50 feet
| ||
|
Minimum open space
|
20%
| ||
|
Minimum buffer from single-family zones
|
50 feet
| ||
|
Maximum commercial floor area ratio
|
0.15
| ||
|
Maximum building height
|
2.5 stories/35 feet
| ||
|
Maximum building length
|
240 feet
| ||
|
Maximum lot coverage
|
70%
| ||
[Amended 2-17-2004 by Ord. No. 2004-2753; 12-6-2004 by Ord. No. 2004-2792]
A.
Minimum regulations.
(1)
Gross lot area: 15 acres. Tract area shall include the original
total tract acreage of the parcel, including areas to be used for
streets, rights-of-way or other dedications.
(2)
Lot frontage: 300 feet. Where a tract has frontage on more than
one street, the frontage requirement need only be met on one of the
streets.
(4)
Parking setbacks.
(a)
From arterial or collector roadway: 60 feet/30 feet. The thirty-foot
setback shall apply to affordable housing units.
(b)
From track boundary or right-of-way (other than internal streets):
50 feet/20 feet. The twenty-foot setback shall apply to affordable
housing units.
(c)
From principal buildings: six feet, except for driveway parking
spaces.
(5)
Minimum open space: 30%.
(6)
Minimum buffer from single-family zones: 75 feet; 50 feet to
be suitably landscaped with dense planting.
(7)
Affordable housing set-aside: 20%.
B.
Maximum regulations.
(1)
Maximum dwelling unit density: 10 units per acre. Density calculations
shall be based upon the original total tract acreage of the parcel,
including areas to be used for streets, rights-of-way or other dedications.
(2)
Maximum building height: 3.5 stories per 45 feet; 3.5 stories
shall be permitted only for units containing basements where the basement
constitutes the 1/2 story.
(4)
Maximum building length: 260 feet/34 units.
(5)
Maximum lot coverage: 40%.
|
NOTE: The above standards are intended to apply
to inclusionary development and shall be in addition to the present
zoning provisions respecting the subject property. Except as applied
to inclusionary development, as contemplated herein, the zoning of
the subject property shall remain unchanged.
| ||
C.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after the completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
(2)
All affordable units shall be constructed and maintained in
a manner consistent with the rules and regulations of the New Jersey
Council on Affordable Housing. Affordable housing units shall be deed
restricted to remain affordable for a period of 30 years, unless the
rules of the New Jersey Council on Affordable Housing are changed.
Should such a change occur, the herein deed restriction shall be consistent
with any new rule.
[Amended 2-17-2004 by Ord. No. 2004-2754; 12-6-2004 by Ord. No. 2004-2794]
A.
Minimum regulations.
(1)
Gross lot area: 0.20 acres. Tract area shall include the original
total tract acreage of the parcel, including areas to be used for
streets, rights-of-way or other dedications.
(2)
Lot frontage: 75 feet. Where a tract has frontage on more than
one street, the frontage requirement need only be met on one of the
streets.
(3)
Minimum building setbacks from tract boundary or right-of-way:
10 feet.
(4)
Parking setbacks from tract boundary or right-of-way: 10 feet.
(5)
Minimum open space: 15%.
(6)
Affordable housing set-aside: 20%.
B.
Maximum regulations.
C.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after the completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
(2)
All affordable units shall be constructed and maintained in
a manner consistent with the rules and regulations of the New Jersey
Council on Affordable Housing. Affordable housing units shall be deed
restricted to remain affordable for a period of 30 years, unless the
rules of the New Jersey Council on Affordable Housing are changed.
Should such a change occur, the herein deed restriction shall be consistent
with any new rule.
[Amended 2-17-2004 by Ord. No. 2004-2755; 12-6-2004 by Ord. No. 2004-2796]
A.
Minimum regulations.
(1)
Gross lot area: 1.5 acres. Tract area shall include the original
total tract acreage of the parcel, including areas to be used for
streets, rights-of-way or other dedications.
(2)
Lot frontage: 150 feet. Where a tract has frontage on more than
one street, the frontage requirement need only be met on one of the
streets.
(5)
Minimum open space: 25%.
(6)
Affordable housing set-aside: 20%.
B.
Maximum regulations.
(1)
Maximum dwelling unit density: 20 units per acre. Density calculations
shall be based upon the original total tract acreage of the parcel
including areas to be used for streets, rights-of-way or other dedications.
(2)
Maximum building height: three stories/40 feet.
(3)
Minimum distance between buildings: 15 feet.
(4)
Maximum building length: 150 feet/six units.
(5)
Maximum lot coverage: 75%.
C.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after the completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
(2)
All affordable units shall be constructed and maintained in
a manner consistent with the rules and regulations of the New Jersey
Council on Affordable Housing. Affordable housing units shall be deed
restricted to remain affordable for a period of 30 years, unless the
rules of the New Jersey Council on Affordable Housing are changed.
Should such a change occur, the herein deed restriction shall be consistent
with any new rule.
[Amended 7-19-2004 by Ord. No. 2004-2772; 12-6-2004 by Ord. No. 2004-2791]
A.
B.
C.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after the completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
(2)
All affordable units shall be constructed and maintained in
a manner consistent with the rules and regulations of the New Jersey
Council on Affordable Housing. Affordable housing units shall be deed
restricted to remain affordable for a period of 30 years, unless the
rules of the New Jersey Council on Affordable Housing are changed.
Should such a change occur, the herein deed restriction shall be consistent
with any new rule.
[Amended 3-21-2005 by Ord. No. 2005-2810]
(Block 517, Lots 3-8)
A.
C.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after the completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
(2)
All affordable units shall be constructed and maintained in
a manner consistent with the rules and regulations of the New Jersey
Council on Affordable Housing. Affordable housing units shall be deed
restricted to remain affordable for a period of 30 years, unless the
rules of the New Jersey Council on Affordable Housing are changed.
Should such a change occur, the herein deed restriction shall be consistent
with any new rule.
[Amended 3-21-2005 by Ord. No. 2005-2810]
(Block 532, Lots 42 and 43)
A.
Minimum regulations.
|
Residential
|
Mixed Use
| |||
|---|---|---|---|---|
|
Gross lot area
|
2.5 acres
|
2.5 acres
| ||
|
Lot frontage
|
150 feet
|
150 feet
| ||
|
Minimum building setbacks:
| ||||
|
From arterial or collector roadway
|
50 feet
|
50 feet
| ||
|
From tract boundary
|
20 feet
|
15 feet
| ||
|
From Single-Family Residential Zone
|
50 feet
|
50 feet
| ||
|
From internal streets
|
5 feet
|
5 feet
| ||
|
Parking setbacks:
| ||||
|
From arterial or collector roadway
|
50 feet
|
50 feet
| ||
|
From tract boundary or other right-of-way (other than internal
streets)
|
20 feet
|
15 feet
| ||
|
From principal buildings
|
5 feet
|
5 feet
| ||
|
Minimum open space
|
45%
|
40%
| ||
|
Minimum buffer from single-family zones
|
50 feet
|
50 feet
| ||
|
Affordable housing set-aside
|
11%
|
11%
| ||
B.
Maximum regulations.
|
Residential
|
Mixed Use
| ||
|---|---|---|---|
|
Maximum dwelling unit density
|
7 units per acre
|
4 units per acre
| |
|
Maximum building height
|
2.5 stories/40
|
3 stories/45 feet
| |
|
Maximum lot coverage
|
50%
|
50%
| |
|
Maximum building coverage
|
40%
|
40%
| |
|
Maximum commercial FAR
|
NA
|
10%
|
C.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after the completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
(2)
All affordable units shall be constructed and maintained in
a manner consistent with the rules and regulations of the New Jersey
Council on Affordable Housing. Affordable housing units shall be deed
restricted to remain affordable for a period of 30 years, unless the
rules of the New Jersey Council on Affordable Housing are changed.
Should such a change occur, the herein deed restriction shall be consistent
with any new rule.
[Amended 11-16-2009 by Ord. No. 2009-2992]
(Block 732, Lots 10-13 and 21)
A.
C.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after the completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
(2)
All affordable units shall be constructed and maintained in
a manner consistent with the rules and regulations of the New Jersey
Council on Affordable Housing. Affordable housing units shall be deed
restricted to remain affordable for a period of 30 years, unless the
rules of the New Jersey Council on Affordable Housing are changed.
Should such a change occur, the herein deed restriction shall be consistent
with any new rule.
[Added 8-15-2005 by Ord.
No. 2005-2830]
A.
ACTIVE ADULT COMMUNITY
Definition. As used in this section, the following terms shall have
the meanings indicated:
A community or living facility designed specifically for
the interests of persons age 55 and older, which typically contains
recreational amenities and support services for older adults who are
active and capable of completely independent living. Occupancy of
all dwelling units in an active adult community shall be in accordance
with the applicable requirements and limitations of the Federal Fair
Housing Act.
B.
Purpose. The purpose and intent of the R-3 Zone is to enable the
planned development of a residential retirement community which shall
include recreational facilities, and where such a development is reasonably
close to a variety of retail and personal service opportunities as
typically needed by the residents thereof in accordance with comprehensive
site development plan approved by the Planning Board of the Township
of Middletown.
C.
Permitted uses: attached and detached age-restricted residential
dwelling units.
D.
Accessory uses.
(1)
The following required uses:
(a)
Swimming pool. A swimming pool shall be provided that is no
less than 800 square feet in water surface area. There shall also
be provided an improved sitting area, contiguous to all sides of the
pool, having an area two times the water surface area of the pool.
(b)
Clubhouse. A clubhouse shall provide at least 25 square feet
of multipurpose space, not including swimming pools, for each dwelling
unit. In addition, such facilities as game rooms, arts and crafts
rooms, kitchen area, office space and service facilities may be provided
in the clubhouse. The clubhouse may also include, but is not limited
to, libraries, exercise rooms, indoor pools, meeting areas, ballrooms,
computer centers, and restaurants. One off-street parking space shall
be provided for each four dwelling units, except that this requirement
may be reduced to the extent that other conveniently accessible and
available off-street parking facilities could feasibly be substituted.
(2)
Parks/open space.
(3)
Administration, maintenance and security buildings.
E.
Minimum requirements.
(1)
The minimum tract area shall be not less than 30 contiguous
or noncontiguous acres, with a total of not less than 300 feet of
frontage along Route 35.
(2)
Building setbacks.
(a)
There shall be a setback of 50 feet from any exterior boundary
of the overall site of an R-3 Zone development, except that a one-hundred-foot
buffer shall be provided where the property boundary adjoins a property
containing a single-family residential use and where the principal
structure on the adjoining property is located less than 100 feet
from the property line at the time of the establishment of this zone.
No building or structure other than entrance gate houses, fences,
freestanding walls, signs or architectural or artistic features shall
be located within said setback area.
(b)
Within the R-3 Zone, no residential structure shall be located
closer than 25 feet to any dedicated street or road and no closer
than 18 feet to an interior street, drive, or parking area. This shall
not apply to detached dwellings on individual fee simple lots or parking
spaces in driveways.
(c)
No freestanding garage or other accessory structure shall be
located closer than 40 feet to an interior street.
(3)
Parking. Parking requirements shall be in accordance with the
Residential Site Improvement Standards.
(a)
One and one-half spaces per dwelling unit, one of which shall
be enclosed in a garage.
(b)
In addition, the following general controls apply to all parking
facilities:
[1]
All parking shall conform to Americans with Disabilities Act
(ADA) guidelines.
[2]
All parking spaces shall be at least nine feet by 18 feet. All
circulation aisles for said parking facilities shall be at least 24
feet wide.
[3]
On-site parking facilities shall be of a design and location
that will not interfere with the safe and efficient flow of traffic
in the area or with the access of emergency and service vehicles.
All assigned spaces shall be located within 200 feet of the dwelling
units they serve.
[4]
No parking shall be permitted in any perimeter buffer area.
[5]
Lighting for outdoor parking areas shall not exceed 15 feet
in height and shall be reflected away from windows of the dwelling
units in order to minimize the impact of such lighting on the residents
in the dwelling units.
[6]
Garage parking spaces shall not be required for buildings containing
more than six attached dwelling units.
(4)
Roads. Interior roads not dedicated to public use shall have
a paved roadway width of at least 30 feet. Road improvements shall
be made and maintenance shall be ongoing in accordance with the standards
of the Township of Middletown.
(5)
Open space. Not less than 40% of the gross tract area of the
R-3 Zone shall be set aside as permanent common open space. Land within
the parcel or lot which is not specifically covered by the buildings,
roads, driveways, parking areas, or service areas, and not set aside
as private yards, patios, or gardens for residents shall qualify as
open space. Pools, tennis courts and accessory buildings associated
with recreational elements of the development shall be permitted within
open space areas. The size, dimension, character and location of open
space shall be suitable to enable its enjoyment and use for conservation,
aesthetic, recreation, or agricultural purposes by residents of the
community. The following shall not be considered open space:
(6)
Dwelling unit size. No residential dwelling on a single floor
shall contain less than 900 square feet. No residential dwelling unit
of more than one story shall contain less than 1,200 square feet.
(7)
Distance between buildings. No building shall be closer than
15 feet to any other building, unless provided otherwise herein.
(8)
Affordable housing set-aside. There shall be one affordable
housing unit provided for each eight units of market-rate housing,
except that at the discretion of the approving authority, a contribution
in lieu or a combination of units and contribution in lieu may be
required.
F.
Maximum regulations.
(1)
Impervious surface coverage: 40% of the gross tract area.
(2)
Number of dwelling units per building. A maximum of six market
rate residential dwellings units shall be permitted in each building.
(3)
Dwelling unit density: 3.5 dwelling units per acre.
(4)
Building height, principal buildings: 2.5 stories, not to exceed
35 feet.
(5)
Bedroom limitation. No dwelling unit shall contain more than
three bedrooms.
(6)
Unit configuration. The lot sizes and bulk requirements listed
below provide for a variety of unit types. In an effort to provide
a residential community of varied household types, the site could
be developed with a combination of attached and detached single-family
dwellings. Attached units can include townhouses, duplexes and flats.
Units can include fee simple lots, zero-lot-line configurations and
detached condominiums.
G.
General regulations applicable to detached residential uses within
the R-3 Zone.
(2)
Setbacks.
(c)
Side yards. Minimum setbacks:
[1]
Where both facing walls contain windows of habitable rooms,
15 feet; 20 feet for multiunit buildings.
[2]
Where only one of the two facing walls contains windows of habitable
rooms, 12 feet; 15 feet for multiunit buildings.
[3]
Where neither of two facing walls contains windows of habitable
rooms, 10 feet; 12 feet for multiunit buildings.
[4]
Buildings shall be considered facing if the walls form an angle
of less than 45°.
|
NOTES:
| ||
|---|---|---|
|
*
|
Applicable to detached dwellings on fee simple lots.
| |
H.
Signage. The following signs are permitted within the R-3 Zone:
(2)
Community identification sign, one per entrance, either freestanding
or wall-mounted.
(a)
If a freestanding sign, its surface area shall not exceed 40
square feet for both sides, and its height shall not exceed six feet.
Sign supports and decorative bases, which are excluded from the sign
surface area, shall not exceed six feet in height or 18 inches in
width.
(b)
If a wall-mounted sign, its sign surface shall not exceed 40
square feet, with letters not to exceed two feet six inches in height.
(c)
Lighting shall be indirect ground-located lighting.
(d)
All signs shall be set back at least 10 feet from right-of-way
and located outside any sight triangle.
(e)
If a sign is located in center divide of entrance, it must be
set back at least five feet from the center divide front of the curbline,
notwithstanding any provision to the contrary.
(3)
Real estate signs. Real estate signs, announcing the sale, rental
or lease of the premises on which the sign is located, such sign not
to exceed four square feet in area. If double-faced, the sign shall
not exceed eight square feet in area for both sides. The sign shall
be nonilluminated. Such sign shall not be closer to the line than
1/2 the distance between the building line and the lot line, as defined
by this chapter. Such signs shall not be located closer to other such
signs than one in every 200 feet, measured either along the front
of a lot or along the depth of a lot.
I.
Appropriate provisions shall be made for private garbage and trash
collection and for the private maintenance of all interior roads and
streets (including snow removal), recreational facilities, and all
buildings and land areas owned in common by the residents of the R-3
Zone. In addition, provisions shall be made to permit the Township,
at its option, to perform or cause to be performed such services in
the event of the continued failure of performance of same by the private
association or other entity charged with such responsibility, all
at the cost and expense of the owners of the property within the R-3
Zone.
J.
The overall design, road patterns, recreational facilities and site
locations of buildings, as well as other aspects of any such R-3 Zone,
including nonresidential elements, must be submitted to the approving
authority, and they shall have the right to approve the general design
to obtain aesthetic harmony. The buildings, sizes, shapes, site positions
and architectural design may be considered along with the landscaping
and natural features. The following criteria also may be taken into
consideration:
(1)
Visual consideration of the variation in exterior finishes of
structures.
(2)
A mix of architectural designs and elevations to ensure a harmonious
blend and the avoidance of a row house effect and aesthetically unpleasing
building arrangement or layout.
(3)
Variation of side yards, front yards and rear yards to create
identity and interest and enhance the overall design.
(4)
Landscaping, preservation of existing vegetation, and the location
of trees.
(5)
Convenience of parking areas for the use of occupants and screening
thereof with adequate landscaping or fencing.
(6)
All streets within and adjacent to the R-3 Zone shall be provided
with sidewalks. Internal streets shall have sidewalks on both sides.
K.
Design standards.
(6)
Buffer areas.
(a)
A fifty-foot buffer shall be required for R-3 Zone tracts fronting
on arterial roads and on the perimeter of all properties in the R-3
Zone.
(c)
Landscaped setback areas along roads shall be bermed wherever
existing natural vegetation will not provide for adequate or aesthetically
superior screening. Berming shall encompass at least 50% of the width
of any such landscaped area. Berms can be waived by the Board where
it determines that they are not feasible due to topographic or drainage
considerations or would result in excessive disturbance.
L.
Any standard or regulation not specified herein shall be in accordance
with the most recent version of the Middletown Township Zoning Ordinance.
M.
Land within the R-3 Zone can be subdivided for the purposes of establishing
individual residential lots. However, the entire project must maintain
comprehensive and coordinated architectural design compatibility throughout
and control and maintenance of common facilities such as roads, drainage
facilities and open space.
[Amended 2-21-2006 by Ord. No. 2005-2850]
A.
Residential development. Except as otherwise provided below, in those
circumstances where a developer develops land for residential purposes
and receives no right to increased density or other compensatory bonus,
the developer shall reserve 11.11% of said units for low- and moderate-income
households, provided that the developer secures the right to construct
at least eight units. In the event 11.11% of the total units should
result in a fraction equaling 0.5% or greater, the affordable housing
obligation shall be rounded to the next higher number. Affordable
housing shall be as defined under the FHA and COAH's regulations.
B.
Nonresidential development. Except as otherwise provided below, in
those circumstances where a developer develops land for nonresidential
purposes and receives no right to an increased FAR or other compensatory
bonus, the developer shall provide one non-age-restricted affordable
unit for every 25 jobs projected to be created by this section. The
calculation of the number of jobs and employment opportunities shall
be in accordance with Appendix E to N.J.A.C. 5:94-1, et seq. entitled
"UCC Use Groups for Projecting and Implementing Nonresidential Components
of Growth Share."
C.
For all residential development, the applicant shall satisfy its
affordable housing production obligation(s) through on-site housing
production in connection with the residential project, or one of the
mechanisms permitted in COAH's rules. The other mechanisms permitted
with COAH's rules, including: (a) the purchase of an existing market-rate
home at another location in the community and its conversion to an
affordable price-restricted home in accordance with COAH's criteria,
regulations and policies; (b) the funding of a Regional Contribution
Agreement (RCA); (c) participation in gut rehabilitation and/or buy-down/write-down,
buy-down/rent-down programs; and/or (d) contributing to the Housing
Trust Fund at a rate of 1% of the residential development's equalized
assessed value and shall only be considered with Middletown Township
Committee's advance written permission for those instances when the
Committee deems such a mechanism to be in the best interests of the
Township. Evidence of the planned method of compliance shall be produced
to the Planning or Zoning Board at the time of application filing
and shall be a condition of all "completeness" determinations. Thereafter,
evidence of satisfaction of affordable housing compliance shall be
an automatic, essential and nonseverable condition of all approvals
that must be satisfied prior to the issuance of the project's first
building permit.
D.
For all commercial development, the applicant may satisfy its affordable
housing production obligation(s) through the mechanisms permitted
in COAH's rules including, with Middletown Township Committee's advance
written permission: (a) on-site housing production in connection with
a residential component of the project; (b) the purchase of an existing
market-rate home at another location in the community and its conversion
to an affordable price-restricted home in accordance with COAH's criteria,
regulations and policies; (c) the funding of a Regional Contribution
Agreement (RCA); (d) participation in gut rehabilitation and/or buy-down/write-down,
buy-down/rent-down programs; and/or (e) contributing to the Housing
Trust Fund at a rate of 2% of equalized assessed value for commercial
development. Evidence of the planned method of compliance shall be
produced to the Planning or Zoning Board at the time of application
filing and shall be a condition of all "completeness" determinations.
Thereafter, evidence of satisfaction of affordable housing compliance
shall be an automatic condition of all approvals that must be satisfied
prior to the issuance of the project's first building permit.
E.
Low- and moderate-income split and compliance with COAH's rules. The affordable unit(s) to be produced pursuant to Subsections A, B, C and D (above) shall be available to a low-income individual or household should only one affordable unit be required. Thereafter, each of the units shall be split evenly between low- and moderate-income individuals and households, except in the event of an odd number, in which event the unit shall be a low-income unit. All affordable units shall strictly comply with COAH's rules and policies including, but not limited to, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing, income qualification, etc. It shall be the developer's responsibility, at its cost and expense, to arrange for a COAH and Township-approved qualification service to ensure full COAH compliance and file such certifications, reports and/or monitoring forms as may be required by COAH or the court to verify COAH compliance of each affordable unit.
F.
Design options. In order to create a more realistic opportunity for
the creation of affordable housing units on-site, the Planning Board
or Zoning Board of Adjustment may permit the relaxation or reduction
of certain standards, including but not limited to the following:
(1)
A reduction in the minimum lot size to 60% below the zoning
requirement and a reduction of the corresponding bulk standards, except
that in no case shall a lot be less than 5,000 square feet and on
no lot shall the bulk standards be reduced to less than 60% of the
chapter requirement.
(2)
Allowing the development of a duplex or two-family unit on a
single lot, as long as the lot meets the minimum for the zone and
as long as the architectural design of the structure is consistent
with the remainder of the development.
G.
Exemption. Residential inclusionary projects constructed in the affordable
housing districts identified in the Township's COAH approved first
or second or third round Housing Element and Fair Share Plan shall
be exempt from the requirements of this section. However, a nonresidential
growth share responsibility in accordance with this section shall
be attributable to all nonresidential uses constructed in mixed-use
and/or nonresidential projects in the Township's existing affordable
housing districts.
H.
Right to greater set-aside if compensatory benefit. As to residential
developers, nothing herein shall affect the Township's ability to
generate more affordable housing than the one for eight standard set
forth above in the event that the developer secures a density bonus
or other compensatory benefit, acceptable to the developer and Township,
through zoning or through a use variance. As to nonresidential developers,
nothing herein shall affect the Township's ability to generate more
affordable housing than the one affordable unit for every 25 job standard
set forth above in the event that the developer secures an increased
FAR or other compensatory benefit acceptable to the developer and
Township, through zoning or through a use variance.
[Amended 7-20-2009 by Ord. No. 2009-2979]
(Block 281, Lots 14 and 15)
A.
C.
Design standards. In addition to the specific architectural and building design standards set forth in § 540-604, the following design standards shall apply:
(1)
Where practical, the lowest floor shall be elevated at least
18 inches above the established base flood elevation.
(2)
Electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities (including ductwork) shall
be elevated at least 18 inches above the established base flood elevation.
(3)
All portions of buildings lower than 18 inches above the established
base flood elevation must be constructed using flood-damage-resistant
materials.
(4)
All garages shall meet the minimum flood opening requirements
for enclosures.
(5)
Exterior building facades shall incorporate design features
such as offsets, balconies, projections, window reveals, or similar
elements to preclude large expanses of uninterrupted building surfaces.
Along the vertical face of a building, such features shall occur at
a minimum of every 30 feet, and on each floor shall, to the greatest
degree practicable, contain a minimum of two of the following features:
(a)
Recesses (e.g., deck, patio, courtyard, entrance, window reveals)
that have a minimum depth of three feet;
(b)
Extensions (e.g., floor area, deck, patio, entrance) that have
a minimum depth of two feet and minimum length of four feet; and/or
(c)
Offsets or breaks in roof elevation of two feet or greater in
height.
(6)
To the greatest degree practical, neither rear building facades
nor garages shall be oriented towards Main Street. Garage doors shall
include fenestration.
(7)
Adequate, accessible and secure storage space shall be provided
for each dwelling unit. A minimum of 112 cubic feet of enclosed storage
shall be required separate from each living unit. This is an area
four feet by four feet by seven feet. Garages and storage units adjoining
a dwelling (e.g., attached to decks and patios) shall qualify as storage
space.
(8)
Trash receptacles shall not be located in any front yard setback,
or within 10 feet of an adjacent property line.
D.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after the completion of all work. Temporary
construction trailers shall not be placed within the right-of-way
of any improved public road.
(2)
All affordable units shall be constructed and maintained in
a manner consistent with the rules and regulations adopted by the
New Jersey Council on Affordable Housing. Affordable housing units
shall be deed restricted to remain affordable for a period of 30 years,
unless the rules adopted by the New Jersey Council on Affordable Housing
are changed. Should such a change occur, the term of the affordability
deed restriction shall be consistent with any new rule(s).
[Amended 7-20-2009 by Ord. No. 2009-2979; 12-16-2013 by Ord. No. 2013-3099]
(Block 1063, Lot 10)
A.
C.
Design standards. In addition to any applicable architectural and building design standards set forth in § 540-604, the following design standards shall apply:
(1)
Exterior building facades shall incorporate design features
such as offsets, balconies, projections, window reveals, or similar
elements to preclude large expanses of uninterrupted building surfaces.
Along the vertical face of a building, such features shall occur at
a minimum of every 32 feet, and, to the greatest degree practicable,
contain a minimum of one of the following features:
(a)
Recesses (e.g., deck, patio, courtyard, entrance, window reveals)
that have a minimum depth of three feet;
(b)
Extensions (e.g., floor area, deck, patio, window bay, fireplace
chase, entrance) that have a minimum depth of one foot and minimum
length of four feet; and/or
(c)
Offsets or breaks in roof elevation of one foot or greater in
height.
(2)
Adequate, accessible and secure storage space shall be provided
for each dwelling unit. A minimum of 112 cubic feet of enclosed storage
shall be required separate from each living unit. This is an area
four feet by four feet by seven feet. Garages and storage units adjoining
a dwelling (e.g., attached to decks and patios) shall qualify as storage
space.
(3)
Trash receptacles shall not be located in any front yard setback
or within 75 feet of an adjacent property line.
(4)
Dwelling units shall have a two-car garage.
D.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until the state of land development activities, but in no case
more than seven days prior to the commencement of work. Trailers shall
not remain on site more than seven days after the completion of all
work. Temporary construction trailers shall not be placed within the
right-of-way of any improved public road.
(2)
No affordable housing set-aside and no affordable housing fee
shall be applicable to any development constructed pursuant to this
section.
(3)
Definitions applicable to this section shall be those definitions found in § 540-203, except that building height shall be calculated by measurement from the average grade at the front of the building when a building is constructed on a slope in a walkout condition; and building setback calculations shall not apply to decks and patios, but decks and patios may be no closer than 60 feet from an existing residence or residential zone.
(4)
The driveway/roadway setback from tract boundary or other right-of-way
shall not be applicable to existing, secondary access roadways; any
existing, secondary access roadways may be modified to satisfy Residential
Site Improvement Standards.
[Amended 11-16-2009 by Ord. No. 2009-2992]
(Block 600, Lots, 34, 35.01 and 35.02)
A.
C.
Architectural and site design standards. In addition to the specific Architectural and Building Design Standards set forth in § 540-604, the following design standards shall apply:
(1)
Neither rear building facades nor garages shall be oriented
to directly face a public right-of-way.
(2)
Exterior building facades shall incorporate design features
such as offsets, balconies, projections, window reveals, or similar
elements to preclude large expanses of uninterrupted building surfaces.
Along the vertical face of a building, such features shall occur at
a minimum of every 30 feet, and on each floor shall, to the greatest
degree practicable, contain a minimum of two of the following features:
(a)
Recesses (e.g., deck, patio, courtyard, entrance, window reveals)
that have a minimum depth of three feet;
(b)
Extensions (e.g., floor area, deck, patio, entrance) that have
a minimum depth of two feet and minimum length of four feet; and/or
(c)
Offsets or breaks in roof elevation of two feet or greater in
height.
(3)
Adequate, accessible and secure storage space shall be provided
for each dwelling unit. A minimum of 112 cubic feet of enclosed storage
shall be required separate from each living unit. This is an area
four feet by four feet by seven feet. Garages and storage units adjoining
a dwelling (e.g., attached to decks and patios) shall quality as storage
space.
(4)
Trash receptacles shall not be located in any front yard setback,
or within 75 feet of an adjacent property line.
F.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after the completion of all work. Temporary
construction trailers shall not be placed with the right-of-way of
any improved public road.
(2)
All affordable units shall be constructed and maintained in
a manner consistent with the rules and regulations adopted by the
New Jersey Council on Affordable Housing. Affordable housing units
shall be deed-restricted to remain affordable for a period of 30 years,
unless the rules adopted by the New Jersey Council on Affordable Housing
are changed. Should such a change occur, the term of the affordability
deed restriction shall be consistent with any new rule(s).
[Amended 11-16-2009 by Ord. No. 2009-2992]
(Block 795, Lots 23 and 24)
A.
C.
Architectural and site design standards. In addition to the specific Architectural and Building Design Standards set forth in § 540-604, the following design standards shall apply:
(1)
Neither rear building facades nor garages shall be oriented
towards a public right-of-way.
(2)
Exterior building facades shall incorporate design features
such as offsets, balconies, projections, window reveals, or similar
elements to preclude large expanses of uninterrupted building surfaces.
Along the vertical face of a building, such features shall occur at
a minimum of every 30 feet, and on each floor shall, to the greatest
degree practicable, contain a minimum of two of the following features:
(a)
Recesses (e.g., deck, patio, courtyard, entrance, window reveals)
that have a minimum depth of three feet;
(b)
Extensions (e.g., floor area, deck, patio, entrance) that have
a minimum depth of two feet and minimum length of four feet; and/or
(c)
Offsets or breaks in roof elevation of two feet or greater in
height.
(3)
Adequate, accessible and secure storage space shall be provided
for each dwelling unit. A minimum of 112 cubic feet of enclosed storage
shall be required separate from each living unit. This is an area
four feet by four feet by seven feet. Garages and storage units adjoining
a dwelling (e.g., attached to decks and patios) shall qualify as storage
space.
(4)
Trash receptacles shall not be located in any front yard setback
or within 75 feet of an adjacent property line.
F.
Other regulations.
(1)
Temporary construction trailers shall be permitted where active
construction work is proposed. Such trailers shall not be placed on
site until building permits have been issued and in no case more than
seven days prior to the commencement of work. Trailers shall not remain
on site more than seven days after the completion of all work. Temporary
construction trailers shall not be placed with the right-of-way of
any improved public road.
(2)
All affordable units shall be constructed and maintained in
a manner consistent with the rules and regulations adopted by the
New Jersey Council on Affordable Housing. Affordable housing units
shall be deed restricted to remain affordable for a period of 30 years,
unless the rules adopted by the New Jersey Council on Affordable Housing
are changed. Should such a change occur, the term of the affordability
deed restriction shall be consistent with any new rule(s).
[Amended 11-16-2009 by Ord. No. 2009-2992]
(Block 795, Lot 19 and that portion of Lot 5.01 situated north
of Lot 19 and south of Lot 20.01)
A.
C.
Architectural and site design standards.
(1)
Neither rear building facades nor garages shall be oriented
to directly face a public right-of-way.
(3)
Exterior building facades shall incorporate design features
such as offsets, balconies, projections, window reveals, or similar
elements to preclude large expanses of uninterrupted building surfaces.
Along the vertical face of a building, such features shall occur at
a minimum of every 30 feet, and on each floor shall, to the greatest
degree practicable, contain a minimum of two of the following features:
(a)
Recesses (e.g., deck, patio, courtyard, entrance, window reveals)
that have a minimum depth of three feet;
(b)
Extensions (e.g., floor area, deck, patio, entrance) that have
a minimum depth of two feet and minimum length of four feet; and/or
(c)
Offsets or breaks in roof elevation of two feet or greater in
height.
(4)
Adequate, accessible and secure storage space shall be provided
for each dwelling unit. A minimum of 112 cubic feet of enclosed storage
shall be required separate from each living unit. This is an area
four feet by four feet by seven feet. Garages and storage units adjoining
a dwelling (e.g., attached to decks and patios) shall qualify as storage
space.
(5)
Trash receptacles shall not be located in any front yard setback
or within 75 feet of an adjacent property line.
