A.
Effect of this chapter. This chapter shall be applicable to the regulation
of the use of all land and structures within the Borough of Clayton.
(1)
The provisions of this chapter shall be held to be the minimum requirements
(or the maximum, when so specified). Where this chapter imposes a
greater restriction than is imposed and required by other provisions
of law or by other rules, regulations or resolutions, the provisions
of this chapter shall control. Where other laws, rules, regulations
or resolutions require greater restrictions than are imposed by this
chapter, the provisions of such laws, rules, regulations or resolutions
shall control.
(2)
The standards established by this chapter shall be applied uniformly
within each zoning district to each class or kind of structure or
land. Only uses which are specifically provided for by the regulations
of any district shall be permitted in that district unless authorized
by the Planning Board pursuant to this chapter.
(3)
Upon the effective date of this chapter, no building shall hereafter
be used, erected, altered, converted, enlarged, added to, moved or
reduced, nor shall any lands be subdivided, developed, or redeveloped
in any manner, except in conformity with the standards provided herein,
as applied to the zoning district in which the building or land is
located.
(4)
Upon the effective date of this chapter, all buildings and land which
are not in full conformity with this chapter, as applied to the zoning
district in which the building or land is located, shall be deemed
to be nonconforming and shall be subject to the provisions of this
chapter.
B.
Establishment of zoning districts and Zoning Map.
(1)
The following zoning districts are hereby created and all land within
the Borough of Clayton shall be placed in one of these districts by
designation on a Zoning Map, as described below:
[Amended 7-9-2009 by Ord.
No. 12-2009]
|
A
|
Agriculture
| |
|
CB
|
Central Business
| |
|
CO
|
Commercial Office
| |
|
HB
|
Highway Business
| |
|
RIO1
|
Restaurant Industrial Office 1
| |
|
RIO2
|
Restaurant Industrial Office 2
| |
|
I
|
Industrial
| |
|
CF/I
|
Community Facility Institutional
| |
|
PA
|
Multifamily Residential
| |
|
APA
|
Adult Planned Apartment
| |
|
PA
|
Planned Apartment
| |
|
PRD
|
Planned Residential Development
| |
|
R-A
|
Low/Medium Density Residential
| |
|
R-AB
|
Medium Density Residential
| |
|
R-B
|
Medium/High Density Residential
| |
|
R-C
|
High Density Residential
|
C.
Interpretation of boundaries.
(1)
The boundaries between zoning districts are, unless otherwise indicated,
either the center lines of streets or railroad rights-of-way, municipal
boundary lines, property lines existing at the time of the Zoning
Map adoption or amendment, or lines parallel or perpendicular thereto.
Distances not specifically indicated shall be determined by the scale
of the map.
(2)
Where a district boundary line divides a lot existing at the time
of adoption of this chapter, the regulations applicable to the least-restrictive
district shall extend over the portion of the lot in the more restrictive
district for a distance of not more than 50 feet.
A.
Intent. The intent of this district is to promote the development
of appropriately zoned land within the Borough for single-family detached
dwellings at a low density and to permit other compatible uses in
accord with the spirit of this chapter. This district is designed
for areas which do not have water and sewer utilities available and
which include environmentally sensitive lands.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings.
(a)
The following principal uses shall be permitted by right:
[1]
Single-family detached dwellings.
[2]
Agricultural or farm use, for other than pigs or poultry, and
provided that the minimum lot area for this use shall be two acres.
No structure used to contain livestock, other than pigs or poultry,
shall be located within 100 feet from any street or property line.
[3]
Public playgrounds, woodland, wildlife preserve, natural resource
conservation area and parks.
[4]
Municipal building or municipal use.
[5]
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, and community residences for persons with head
injury, provided that in no instance shall an individual community
residence or shelter serve more than 15 persons, and adult family
care homes not serving more than three clients.
[Amended 6-13-2002 by Ord. No. 10-02[1]]
[1]
Editor's Note: This ordinance also repealed former § 8B(1)(a)[6],
which immediately followed this subsection.
(b)
The following principal uses are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties, will be compatible with the surrounding neighborhood, will not unduly burden adjacent areas with increases in traffic, noise, or threats to public health and safety, and will conform to such additional standards as provided in Article IV:
[2]
A church, synagogue, or similar place of religious worship.
[3]
A cemetery or memorial park, provided that the lot area shall
not be less than two acres.[2]
[2]
Editor's Note: Former § 8B(1)(b)[4], which immediately followed this subsection, was repealed 6-13-2002 by Ord. No. 10-02. See now Subsection B(1)(a)[5] of this section.
[4]
Home occupations.
[5]
Satellite dishes greater than 39 inches in diameter.
(2)
Accessory uses. The following accessory uses shall be permitted by
right:
(a)
Family day-care home.
(f)
Private residential sheds.
(g)
Gardening and tilling of the soil for personal use.
(h)
The erection of television antennas, including a satellite dish
less than 39 inches in diameter, and radio antennas, intended for
personal use, provided that they do not exceed the height limitation
of the district. No more than two antennas shall be permitted per
lot.
(i)
The storage of personal, noncommercial boats and recreational
vehicles, provided that they are not used for the purposes of habitation
and are not stored within the designated front yard area.
(j)
The use of a dwelling for a home office without the necessity
of obtaining a zoning permit and subject to the following:
[1]
The office shall not occupy more than 500 square feet or more
than 12.5% of the gross floor area (GFA) of the detached dwelling,
whichever is less, excluding the area of garages, unfinished portions
of basements and attics in the calculation of gross floor area.
[2]
The office area shall not have direct access to the outside
via a door but shall be an existing room or area within the detached
dwelling unit which is integrated within the overall floor plan of
the dwelling.
[3]
The office area shall not contain any kitchen or bathroom facilities
which are separate from the remainder of the detached dwelling unit.
[4]
The office area shall have only typical office equipment limited
to computers, telefax machines, telephones and copying machines.
[5]
No supplies or furnishings shall be permitted other than typical
office supplies and furnishings.
[6]
No evidence of the office area shall be shown to the outside
of the detached dwelling unit; e.g., signs are prohibited.
[7]
No persons shall be permitted on the property regarding the
office area other than people making deliveries or service calls as
otherwise might occur on a property developed with a detached dwelling
unit.
C.
Bulk standards.
(1)
Minimum lot area: one acre.
(2)
Minimum street frontage: 60 feet.
(3)
Minimum lot width: 150 feet.
(4)
Minimum lot depth: 150 feet.
(5)
Minimum front yard setback: 50 feet.
(6)
Minimum side yard setback: 20 feet.
(7)
Minimum aggregate side yard setback (both yards): 50 feet.
(8)
Minimum rear yard setback: 25 feet, except that where reverse frontage
lots are proposed, the yard depth shall be increased to 50 feet.
(9)
Maximum permitted building coverage: 15%.
(10)
Maximum permitted impervious coverage: 25%.
(11)
Maximum permitted building height: 35 feet.
(12)
Accessory structures shall not be located in a front yard nor within
five feet of a side or rear property line.
A.
Intent. The intent of this district is to promote the development
of appropriately zoned land within the Borough for single-family detached
dwellings at a low/medium density and to permit other compatible uses
in accord with the spirit of this chapter.
B.
Uses. All principal and accessory uses as permitted by right and
conditionally in the A Agricultural Zoning District, with the following
exceptions:
C.
Bulk standards.
(1)
Lots with public sewer and water:
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum street frontage: 60 feet.
(c)
Minimum lot width at the building line: 100 feet.
(d)
Minimum lot depth: 125 feet.
(e)
Minimum front yard setback: 50 feet.
(f)
Minimum individual side yard setback: 15 feet.
(g)
Minimum aggregate side yard setback (both yards): 40 feet.
(h)
Minimum rear yard setback: 25 feet, except that where reverse
frontage lots are proposed, the yard depth shall be increased to 50
feet.
(i)
Maximum permitted building coverage: 20%.
(j)
Maximum permitted impervious coverage: 30%.
(k)
Maximum permitted building height: 35 feet.
(l)
Accessory structures shall not be located in a front yard nor
within five feet of a side or rear property line.
(2)
Lots without public sewer and water must comply with the bulk standards
provided for the A District.
A.
Intent. The intent of this district is to promote the development
of appropriately zoned land within the Borough for single-family detached
dwellings at a medium density and to permit other compatible uses
in accord with the spirit of this chapter.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings.
(a)
The following principal uses shall be permitted by right:
[1]
Single-family detached dwellings.
[2]
Municipal uses, including but not limited to parks, recreation,
conservation, utilities, buildings and structures.
[3]
Public educational institution.
[4]
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, and community residences for persons with head
injury, provided that in no instance shall an individual community
residence or shelter serve more than 15 persons, and adult family
care homes not serving more than three clients.
[Amended 6-13-2002 by Ord. No. 10-02[1]]
[1]
Editor's Note: This ordinance also repealed former § 10B(1)(a)[5],
which immediately followed this subsection.
[5]
Family day-care homes.
(b)
The following principal uses are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties, will be compatible with the surrounding neighborhood, will not unduly burden adjacent areas with increases in traffic, noise, or threats to public health and safety, and will conform to such additional standards as provided in Article IV. All uses must be provided with public water and sewer services.
[1]
A church, synagogue, or similar place of religious worship.
[2]
An assisted-living residence, convalescent home, sanatorium
or continuing-care facility.[2]
[2]
Editor's Note: Former § 10B(1)(b)[3], which immediately followed this subsection, was repealed 6-13-2002 by Ord. No. 10-02. See now Subsection B(1)(a)[4] of this section.
[3]
Home occupations.
(2)
Accessory uses as permitted by right in the R-A District.
C.
Bulk standards.
(1)
Lots with public sewer and water:
(a)
Minimum lot area: 14,000 square feet.
(b)
Minimum street frontage: 55 feet.
(c)
Minimum lot width at the building line: 80 feet.
(d)
Minimum lot depth: 100 feet.
(e)
Minimum front yard setback: 40 feet, except for reverse frontage
lots, which may be reduced to 30 feet on the principal street.
(f)
Minimum individual side yard setback: 10 feet.
(g)
Minimum rear yard setback: 25 feet, except that where reverse
frontage lots are proposed, the yard depth shall be increased to 50
feet.
(h)
Maximum permitted building coverage: 30%.
(i)
Maximum permitted impervious coverage: 40%.
(j)
Maximum permitted building height: 35 feet.
(k)
Accessory structures shall not be located in a front yard nor
within five feet of a side or rear property line.
(2)
Lots without public sewer and water must comply with the bulk standards
provided for the A District.
A.
Intent. The intent of this district is to promote the development
of appropriately zoned land within the Borough for single-family dwellings
at medium/high densities and to permit other compatible uses in accord
with the spirit of this chapter. Due to the smaller lot sizes permitted,
additional standards are provided to buffer R-B uses from adjoining
commercial and industrial uses.
B.
Uses. All principal and accessory uses as permitted by right and
conditionally in the R-AB Zoning District.
(1)
Agricultural
or farm use, for other than pigs or poultry, and provided that the
minimum lot area for this use shall be five acres. No structure used
to contain livestock, other than pigs or poultry, shall be located
within 100 feet from any street or property line.
[Added 12-8-2022 by Ord. No. 18-2022]
C.
Bulk and design standards.
(1)
Lots with public sewer and water:
(a)
Single-family detached dwellings:
[1]
Minimum lot area: 9,000 square feet.
[2]
Minimum street frontage: 55 feet.
[3]
Minimum lot width at the building line: 80 feet.
[4]
Minimum lot depth: 100 feet.
[5]
Minimum front yard setback: 30 feet, provided that the front
yard on the long side of a corner lot may be reduced to a depth of
not less than 20 feet.
[6]
Minimum individual side yard setback: eight feet.
[7]
Minimum aggregate side yard setback (both yards): 20 feet.
[8]
Minimum rear yard setback: 25 feet, except that where reverse
frontage lots are proposed, the yard depth shall be increased to 50
feet.
[9]
Maximum permitted building coverage: 30%.
[10]
Maximum permitted impervious coverage: 40%.
[11]
Maximum permitted building height: 35 feet.
[12]
Accessory structures shall not be located in a front yard nor
within five feet of a side or rear property line.
(2)
Lots without public sewer and water must comply with the bulk standards
provided for the A District.
A.
Intent. The intent of this district is to promote the development
of appropriately zoned lands within the Borough for single-family
and single-family semidetached dwellings and other compatible uses
in accord with the spirit of this chapter. These areas are located
in the older sections of the Borough with predominantly smaller lots.
B.
Uses. All principal and accessory uses as permitted by right and
conditionally in the R-AB Zoning District.
C.
Bulk and design standards.
(1)
Lots with public sewer and water:
(a)
Single-family detached and semidetached dwellings:
[1]
Minimum lot area: 6,000 square feet per unit.
[2]
Minimum street frontage: 30 feet.
[3]
Minimum lot width at the building line: 50 feet for detached
dwellings and 40 feet for semidetached dwellings.
[4]
Minimum lot depth: 100 feet.
[5]
Minimum front yard setback: 25 feet, provided that the front
yard on the long side of a corner lot may be reduced to a depth of
not less than 10 feet.
[6]
Minimum individual side yard setback: six feet.
[7]
Minimum aggregate side yard setback (both yards): 16 feet.
[8]
Minimum rear yard setback: 25 feet, except that where reverse
frontage lots are proposed, the yard depth shall be increased to 50
feet.
[9]
Maximum permitted building coverage: 30%.
[10]
Maximum permitted impervious coverage: 40%.
[11]
Maximum permitted building height: 35 feet.
[12]
Accessory structures shall not be located in a front yard nor
within five feet of a side or rear property line.
(2)
Lots without public sewer and water must comply with the bulk standards
provided for the A District.
A.
Intent. The intent of this district is to provide standards for the
development and redevelopment of appropriately zoned lands within
the Borough for townhouses and garden apartments and other compatible
uses in accord with the spirit of this chapter. The district is intended
to primarily serve areas already zoned for this type of development.
B.
Low- and moderate-income housing requirements. All townhouse and garden apartment developments in this district shall be inclusionary developments providing for housing units affordable to low- and moderate-income households as provided for by § 88-41.
C.
Uses.
(1)
Principal uses permitted.
(a)
Townhouses.
(b)
Garden apartments or condominium flats.
(c)
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, and community residences for persons with head
injury, provided that in no instance shall an individual community
residence or shelter serve more than 15 persons, and adult family-care
homes not serving more than three clients.
[Added 6-13-2002 by Ord.
No. 10-02]
(2)
Accessory uses permitted.
(b)
Utility sheds for owner-occupied units only. In rental projects,
the owner may provide an alternative for utility sheds in a single
and unified area.
(e)
Recreational facilities.
(f)
Indoor common laundry facilities for garden apartments.
(g)
Model units or sales offices within the project shall be allowed
but only during the period necessary for the sale or rental of units
with the project. Such uses shall not be considered a business use.
D.
Bulk and design standards.
(1)
Garden apartments, condominium flats and/or townhouse developments:
(a)
Minimum tract size: 10 acres.
(b)
Maximum density per acre and affordable unit set-asides vary
in accordance with the following table:
|
Sales Units
|
Rental Units
| ||||
|---|---|---|---|---|---|
|
Unit Type
|
Density
|
Set-aside
|
Density
|
Set-aside
| |
|
Townhouse
|
6
|
20%
|
7
|
11%
| |
|
Garden apartment or condo flat
|
8
|
15%
|
10
|
12%
| |
(c)
If the Borough's requirement for the provision of low- and moderate-income
housing is satisfied by any one or a number of approved projects,
the Planning Board, at its discretion, may relieve the subsequent
developers of the requirement to provide a set-aside for affordable
units. Should the Board grant such relief, the density limitations
in this district shall be equal to those established for sale units,
i.e., six units per acre for townhouses and eight units per acre for
garden apartments.
(d)
Maximum building coverage: 30%.
(e)
Maximum impervious surface coverage: 50%.
(f)
Maximum building height: 35 feet.
(h)
Minimum building setback from public streets bordering the property
and property lines: 100 feet. This setback may be reduced to no less
than 50 feet for lots adjoining property in a nonresidential district
or another multifamily district or if the Board finds that the character
of adjoining residential lots provides sufficient separation between
dwellings, e.g., lots over 300 feet in depth with dwelling located
more than 150 feet from the common property line.
(i)
Minimum building setback from internal public streets: 25 feet
from the right-of-way line.
(j)
Minimum building setback from internal nonpublic streets: 25
feet from the curbline.
(k)
Minimum distance from building to parking: 25 feet.
(l)
Utility sheds or other accessory structures may not be located
in the front yard and may not be located closer than five feet to
any side or rear property line.
(m)
All off-street parking facilities shall be on the same site
as the building and located within 150 feet of the nearest entrance
of the building they are intended to serve. Parking spaces shall be
provided in areas designed specifically for parking, and there shall
be no parallel parking along interior private streets unless the street
width is constructed to Borough standards.
(n)
Buildings containing apartment flats shall be arranged in groups
or clusters and not in long rows parallel to street lines. The total
length of any one structure shall not exceed 200 feet.
(o)
Variations in setback, materials and design shall be encouraged.
(p)
More than one building per lot shall be permitted, provided
that the minimum tract size requirement is met. However, if fee simple
townhouse units are proposed, each unit shall have a minimum lot area
of 2,500 square feet.
(q)
A landscaped buffer, 25 feet in width, shall be provided along
all public streets and adjacent to all property lines.
(r)
Buildings shall be designed in a common architectural style.
(s)
Sufficient area and equipment shall be provided within each
building for the laundering and artificial drying of the laundry of
the occupants of each building.
(t)
All dwelling units within a structure shall be connected to
approved and functioning public water and sanitary sewer systems prior
to the issuance of certificates of occupancy.
F.
Landscaped buffers and interior parking lot landscaping shall be provided as is required in § 88-33.
G.
Collection or storage of recyclable materials in multifamily housing shall be provided as required in § 88-60.
H.
Design and amenity requirements.
(1)
Architectural considerations. In order to encourage an attractive
building arrangement, variations in the setback or alignment of buildings
erected on the same frontage or attached to other buildings shall
be provided, parallel arrangement of buildings shall be avoided and
desirable variations in such things as the facade, construction and
roof lines of apartment buildings and single-family attached units
or townhouses shall be encouraged. Individuality in buildings shall
be achieved also by the use of various external materials, colors,
landscape elements and other design details. Exterior walls shall
not be made of exposed cinder block.
(2)
Laundry facilities. Adequate laundry facilities consisting of automatic
washing and clothes-drying machines in a laundry room shall be provided,
or a washer and dryer shall be installed in each dwelling unit.
(3)
Storage space. A minimum of 300 cubic feet of fire-resistant separate
storage space shall be provided for each dwelling unit. This storage
space should be convenient to outside ground level and appropriate
for storage of bicycles, trunks and items of dead storage.
(4)
Open space calculation. It shall be assumed that each building contains
25 feet of front yard, 25 feet of rear yard and 13 feet of side yards
on each side. These yards shall be noted for purposes of the open
space calculation regardless of the actual yard areas given in plans
where units are sold fee simple or by condominium or rented. Such
yard areas shall not be used for meeting the requirements of minimum
open space.
I.
Unnecessary cost generation. All projects are to be planned and developed
in accordance with these standards. However, for those projects or
portions of projects which provide affordable housing, the Board will
work in close conjunction with the applicant to eliminate unnecessary
cost generating features. The goal will be to eliminate development
standards that are not essential to protect the public welfare and
to expedite (or "fast track") the approval. The Board shall be guided
by the Substantive Rules of the New Jersey Council on Affordable Housing,
as amended, and the New Jersey Residential Site Improvement Standards,
as amended.
[Added 8-13-2009 by Ord.
No. 11-2009]
A.
General.
(1)
Short title. This section shall be known and may be cited as
"Planned Unit Development Overlay."
(2)
Purpose. The purpose of the Planned Unit Development Overlay
is to encourage single-entity, multifamily, inclusionary development
to facilitate the production of units affordable to families of low
and moderate income as defined by the New Jersey Council on Affordable
Housing (COAH), provide allowance for limited compatible commercial
development, and promote creativity and flexibility in design through
the refinement of the bulk and design standards of the underlying
zoning.
B.
AFFORDABLE UNIT
DWELLING, GARDEN APARTMENT
DWELLING, TOWNHOUSE
GENERAL DEVELOPMENT PLAN
INCLUSIONARY DEVELOPMENT
LOW-INCOME UNIT
MODERATE-INCOME UNIT
PERSONAL SERVICES
PHASE
PLANNED UNIT DEVELOPMENT (PUD)
PLANNED UNIT RESIDENTIAL DEVELOPMENT (PURD)
RESIDENTIAL CLUSTER
RIDGELINE OF ROOF
Definitions. For the purposes of this section, certain words and
phrases used herein shall be interpreted or defined as follows:
A housing unit in the Borough proposed or created pursuant
to N.J.A.C. 5:97, credited pursuant to N.J.A.C. 5:97-4 et seq., and/or
funded through an affordable housing trust fund.
A two- or three-story multifamily structure comprised of
individual living units having access either from a common corridor
or separate entrance.
A one-family dwelling in a row of at least three such units
in which each has its own front and rear access to the outside and
each unit is separated by one or more common fire-resistant walls.
A comprehensive plan for the development of a planned development
as provided in Section 4 of P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2),
of the Municipal Land Use Law.
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to, new
construction, the conversion of a nonresidential structure to residential
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
Housing affordable according to the Council on Affordable
Housing (COAH) for home ownership and rental costs, and occupied or
reserved for households with a gross household income equal to 50%
or less of the median gross household income for households of the
same size within the housing region in which Clayton Borough is located.
Housing affordable according to the Council on Affordable
Housing (COAH) for home ownership and rental costs, and occupied or
reserved for households with a gross household income more than 50%
but less than 80% of the median gross household income for households
of the same size within the housing region in which Clayton Borough
is located.
Services which relate to the care of a person or his or her
apparel.
A sequence of development delineating geographic boundaries
and specific land uses.
An area with a specified minimum contiguous or noncontiguous
acreage of 10 acres or more to be developed as a single entity according
to a plan, containing one or more residential clusters or planned
unit residential developments and one or more public, quasi-public,
commercial or industrial areas in such ranges of ratios of nonresidential
uses to residential uses as shall be specified in the zoning ordinance.
An area with a specified minimum contiguous or noncontiguous
acreage of five acres or more to be developed as a single entity according
to a plan, containing one or more residential clusters, which may
include appropriate commercial or public or quasi-public uses all
primarily for the benefit of the residential development.
A contiguous or noncontiguous area to be developed as a single
entity according to a plan, containing residential housing units which
have a common or public open space area as an appurtenance.
The intersection of two roof surfaces forming the highest
horizontal line of the roof.
C.
Applicability. The Planned Unit Development Overlay is deemed to
exist over Lots 24, 95, 96, 97 and 98 of Block 1102.05; notwithstanding
the same, nothing herein is to be construed as precluding the consolidation
of land subdivided from contiguous parcels within Block 1102.05 having
frontage along Madison Avenue, Delsea Drive, Roberts Avenue, and Belview
Avenue.
D.
Development standards.
(1)
General requirements.
(a)
Applicability of existing development regulations. Except as
modified herein, the requirements of the PA Planned Apartment Residential
District and other applicable provisions of the Unified Development
Ordinance (UDO) of the Borough of Clayton remain in effect.
(b)
Subdivision of land.
[1]
Within the planned development, subdivisions of land necessary to
facilitate project financing/bonding will be considered in relation
to the overall tract and be exempt from bulk standards otherwise applicable.
[2]
In any instance where subdivided land of an adjoining parcel is incorporated
into the development via lot consolidation, said land is deemed to
be within the Planned Unit Development Overlay and subject to the
requirements herein.
(c)
Commercial development. Commercial development is permitted
along Delsea Drive to the depth of the prevailing CB Central Business
Commercial District and CO Commercial Office District, except that
said development occurring over Lot 98 may extend to the depth of
the CO zoning over adjoining Lot 97 as depicted on the Borough of
Clayton Zoning Map having a latest revision date of June 1, 2004.
(d)
Public infrastructure. The site is to remain in the sewer service
area and is to be served by public sanitary sewer and water infrastructure.
(2)
Permitted uses.
(a)
Residential uses.
[1]
Townhouse units, provided that this dwelling type does not exceed
50% of the total number of units constructed.
[2]
Garden apartment units.
[3]
Accessory uses to include storage facilities, garages, carports,
laundry facilities, off-street parking, indoor and outdoor recreational
facilities, administration office facilities, maintenance facilities,
and refuse facilities.
(b)
Commercial uses. The maximum gross floor area for an individual
commercial use or tenant is set at 12,000 square feet.
[1]
Retail store for the sale of items typical for the satisfaction
of the daily needs of residents, to include but not be limited to
the sale of groceries, baked goods, drugs and pharmaceuticals, glasses
(eye wear), flowers, stationery supplies, tobacco, apparel, and household
goods.
[2]
Shopping plaza.
[3]
Gift shops.
[4]
General business and professional offices, including medical
offices.
[5]
Facilities of financial and related service organizations, including
banks, stock brokers, realtors, insurance agencies, and similar facilities.
[6]
Business services, including copying centers.
[7]
Child and/or adult day care.
[8]
Eating and drinking establishments but not including fast-food
or drive-in restaurants.
(3)
Bulk requirements for residential development.
|
Item
|
Requirement
| |
|---|---|---|
|
Total maximum units
|
514 units (350 new units, 164 existing units)
| |
|
Minimum tract area
|
Area of Lots 24, 95, 96, and 97 within Block 1102.05 in their
present configuration
| |
|
Maximum density
|
10 dwelling units per acre
| |
|
Maximum townhouse units
|
216 units: 50% of newly constructed units (175); 25% of existing
units (41)
| |
|
Maximum 3-bedroom units
|
33.3% of newly constructed units (117); 20% of existing units
(33)
| |
|
Maximum height
|
3 stories/45 feet as measured to the ridgeline from finished
grade. Architectural elements and/or mechanical equipment necessary
to the operation of the building may exceed by 15% the permitted building
height.
| |
|
Minimum 3-story building setback from public street
|
150 feet
| |
|
Minimum 2-story building setback from public street
|
100 feet
| |
|
Minimum front to front or front to back building interval
|
45 feet
| |
|
Minimum front to side building interval
|
35 feet
| |
|
Minimum side to side building interval
|
30 feet
| |
|
Minimum setback from internal drive measured from the edge of
pavement
|
20 feet with 15% of facade permitted within 14 feet for architectural
features, e.g., stair towers, porches and changing facade planes
| |
|
Minimum setback from parking
|
15 feet with 15% of facade permitted within 9 feet for architectural
features, e.g., stair towers, porches and changing facade planes
| |
|
Minimum 2-story building setback from tract boundary
|
100 feet, except 50 feet from parcels within Block 1102.05 facing
either South Delsea Drive, Roberts Avenue, Belview Avenue, or Madison
Avenue
| |
|
Minimum 3-story building setback from tract boundary
|
150 feet, except 100 feet from parcels within Block 1102.05
facing either South Delsea Drive, Roberts Avenue, Belview Avenue,
or Madison Avenue
| |
|
Maximum distances from building entrances to parking area
|
180 feet
| |
|
Maximum building length
|
200 feet, except 260 feet where there is a change in facade
angle of at least 30°; in either case projections/recesses a minimum
of 24 inches are to be provided so that there is no length of uninterrupted
facade greater than 100 feet
| |
|
Maximum building coverage
|
30%
| |
|
Maximum impervious coverage
|
65%
| |
|
Minimum common open space
|
25% of which a minimum of 20% shall be unconstrained from wetlands,
wetlands buffer or floodplain
|
(4)
Bulk requirements for commercial development.
|
Item
|
Requirement
| |
|---|---|---|
|
Minimum lot area
|
1.9 acres
| |
|
Minimum lot frontage, width and depth
|
Dimensions of Block 1102.05, Lot 95 in its present configuration,
respectively 171 feet, 171 feet and 452 feet
| |
|
Minimum setback from a state right-of-way
|
50 feet
| |
|
Minimum setback from the Delsea Drive entrance drive
|
25 feet
| |
|
Minimum setback from residential use
|
100 feet
| |
|
Maximum building coverage
|
40%
| |
|
Maximum impervious coverage
|
70%
| |
|
Maximum building height
|
35 feet/2 stories
|
E.
Supplemental improvement and design standards.
(1)
Access.
(a)
Roadway access. The development shall have direct access to
a state highway or a road identified as an arterial county road on
the County Official Map or a road identified as an arterial road in
the Borough Master Plan.
(b)
Emergency access. An emergency access road with access to Madison
Avenue designed to the specifications of the Borough Engineer is to
be constructed prior to issuance of the first certificate of occupancy.
This road, for emergency vehicles only, shall be unpaved. Cross-section/materials
shall be approved by the Borough Engineer and the Borough's emergency
services. Paved access road completed, cross-section/materials approved
by Borough Engineer in place the earlier of five years from the date
of issuance of the first certificate of occupancy or issuance of the
121st certificate of occupancy. Road shall be one-way out only, with
or without a controlled gate. Road shall be an adequate width to accommodate
two-way circulation for emergency use. A traffic study is required
and the final traffic flow will be subject to the approval by the
Planning Board. Buffering of the access road is to be provided as
found necessary pursuant to site plan review.
(c)
Access road to new street. The existing drive is to become one
way in or closed to through traffic, except for emergency vehicles,
with or without a controlled gate, and is to conform to the design
standards for roadway type as set forth under the New Jersey Residential
Site Improvement Standards, N.J.A.C. 5:21-1 et seq.
(2)
Buffering.
(a)
Minimum building buffer. A buffer having a minimum width of
100 feet is to be provided along the tract perimeter, except said
dimension may be reduced to 25 feet where abutting parcels within
Block 1102.05 facing Madison Avenue and Sugar Hill Drive.
(b)
Recreation buffer. A buffer having a minimum width of 50 feet
is to be provided along the tract perimeter to buffer recreation activity
from any abutting residential use, except in the case of passive recreation
the buffer may be reduced to a width of 25 feet.
(c)
Stormwater management basin buffer. A buffer having a minimum
width of 10 feet as measured from the top of bank is to be provided
where a stormwater management basin abuts a tract boundary.
(d)
Buffer design. Buffers are to be designed so to provide an effective
year-round screen and are to be comprised of evergreen and deciduous
trees and shrubs. Buffers having a width of 50 feet or less are to
include a double staggered row of evergreen trees. In any case, existing
vegetation is to be preserved and supplemented with additional screening
to compensate for the drip line of existing trees having a minimum
caliper of 10 inches measured four feet above grade where located
along the tract boundary.
(3)
Off-street parking for commercial use.
(a)
Location. Off-street parking may be provided forward of a building
line along Delsea Drive, provided that the parking area is set back
a minimum of 75 feet from the Delsea Drive right-of-way and further
provided that the parking area and any appurtenant traffic circulation
area do not occupy more than 50% of the lot frontage. Along the access
roadway from Delsea Drive, parking for commercial uses may be located
forward of a building line, provided that said area is set back a
minimum of 50 feet from the access roadway, and further provided that
the parking area and any appurtenant traffic circulation area do not
occupy more than 50% of the lot frontage.
(b)
Setbacks. Stalls are to be set back a sufficient distance to
enable installation of a six-foot-wide sidewalk between the parking
area and building facade and be set back a minimum of 50 feet from
a street right-of-way.
(c)
Buffering. Parking areas are to be screened from street view
by a buffer having a minimum width of five feet. Said buffer is exempt
from provision of a double staggered row of evergreen trees. Any parking
area having frontage along Delsea Drive is to be provided with a buffer
having a minimum width of 20 feet.
(d)
Stall number. Parking is to be provided at a ratio of 4.0 stalls
per 1,000 square feet of gross floor area attributable to patron use.
At the discretion of the Planning Board, the required number of stalls
may be reduced by a maximum of 20% to allow for shared parking by
uses having complimentary peak parking need.
(4)
Recreation amenities.
(a)
Active recreation. At a minimum, two tennis courts, one basketball
court, and two play areas/tot lots are to be provided. Alternative
amenities may be provided in the promotion of demand-based recreation
at the discretion of the Planning Board.
(b)
Passive recreation. Amenities for the enjoyment of passive recreation
are to include gazebos and/or pavilions, a community clubhouse, village
greens, and a handicap-accessible walking trail having numerous points
of connection with developed portions of the tract.
(5)
Solid waste management.
(a)
Trash enclosures. Trash enclosures of masonry construction having
a side entry feature are to be provided for all outdoor trash and
recycling storage areas and are to be set back a minimum of 100 feet
from the Delsea Drive right-of-way; a setback of 25 feet is to be
provided from any other lot line or tract boundary line.
(b)
Trash compactors. Where trash compactors are utilized, screening
and/or sound barriers are to be employed to mitigate generated noise.
F.
Provision of affordable housing; general requirements.
(1)
The development is to yield a minimum of 46 units affordable
to families of low and moderate income as defined by the New Jersey
Council on Affordable Housing (COAH).
(2)
Fifty percent of the units (23) are to be affordable to families
of low income with the remainder 50% affordable to families of moderate
income.
(3)
Nine of the units are to be of one-bedroom construction, 28
of the units are to be of two-bedroom construction, and nine of the
units are to be of three-bedroom construction.
(4)
Minimum floor area is to be 600 square feet for the one-bedroom
units, 750 square feet for the two-bedroom units, and 950 square feet
for the three-bedroom units.
(5)
Affordable housing units are to be deed restricted for a period
of 30 years to occupancy by families of low and moderate income.
(6)
All affordable units are to be in full compliance with the Substantive
Rules of the New Jersey Council on Affordable Housing (COAH) For the
Period Beginning June 2, 2008, adopted May 6, 2008, as may be amended
from time to time, and the requirements of the Uniform Housing Affordability
Controls (UHAC), N.J.A.C. 5:80-26.1 et seq.
(7)
All units are to be provided on site and dispersed to the greatest
extent practicable throughout the development; the proposed locations
of the affordable units are to be depicted on the preliminary site
plan/subdivision plans for review and approval of the Planning Board.
(8)
The developer shall provide 46 affordable rental units on site
in the Berk's Walk Development. The developer shall have the option
of transferring up to 18 of the 46 affordable units provided for in
the Berk's Walk Development to the existing Rustic Village complex
upon receiving approval by the Council on Affordable Housing (COAH).
Such approval is contingent upon review and approval by COAH in accordance
with its Substantive Rules and UHAC regulations, including but not
limited to those regulations addressing financing, phasing, affirmative
marketing and bedroom distribution.
[Amended 11-24-2009 by Ord. No. 18-2009]
A.
Intent. The intent of this district is to provide standards for the
development and redevelopment of appropriately zoned lands within
the Borough for townhouses and garden apartments and other compatible
uses in accord with the spirit of this chapter. The district is intended
to primarily serve areas already zoned for this type of development.
APA Districts are designed to make special provision for low lot coverage,
low-density apartment development in limited areas of a predominantly
single-family residential environment, where apartment development
is considered appropriate by virtue of such criteria as direct access
to major traffic or inter-community streets, proximity to public transportation,
availability of public sewer and water facilities, adequacy of or
provision for adult recreation and other community facilities, environmental
amenity and safety.
B.
Age and occupancy requirements.
(1)
The following age and occupancy requirements shall apply to all dwelling
units in an APA development:
(a)
Permanent residents must be at least 55 years of age, except
that a spouse under 55 years may occupy a unit together with his or
her spouse who is at least 55 years of age. Permanent residents are
defined as people who live in the units more than 30 days in any twelve-month
period or more than five consecutive days at any time.
(b)
A maximum of one child age 18 or older may also reside as a
permanent resident with his or her parent or parents.
(c)
In no event, however, shall there be more than three permanent
residents in any one unit.
(2)
Applicants for APA developments must present documentation verifying
that the proposed development and its associated or accessory uses,
facilities and services meet the requirements of the applicable federal
laws and regulations governing housing for older persons which allow
exemptions from prohibitions against discrimination because of familial
status.
C.
Uses.
(1)
Principal uses permitted.
(a)
Townhouses.
(b)
Garden apartments or condominium flats.
(c)
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, and community residences for persons with head
injury, provided that in no instance shall an individual community
residence or shelter serve more than 15 persons, and adult family-care
homes not serving more than three clients.
[Added 6-13-2002 by Ord.
No. 10-02]
(2)
Accessory uses permitted.
(b)
Utility sheds for owner-occupied units only. In rental projects,
the owner may provide an alternative for utility sheds in a single
and unified area.
(e)
Recreational facilities.
(f)
Indoor common laundry facilities for garden apartments.
(g)
Model units or sales offices within the project shall be allowed
but only during the period necessary for the sale or rental of units
with the project. Such uses shall not be considered a business use.
D.
Bulk and design standards.
(1)
Garden apartments, condominium flats and/or townhouse developments:
(a)
Minimum tract size: 10 acres.
(b)
Maximum density for townhouses shall be eight units per acre
measured strictly within that portion of the project designed for
townhouses, while the maximum density for garden apartments shall
be 10 units per acre measured strictly within that portion of the
project designed for garden apartments.
(c)
Maximum building coverage: 30%.
(d)
Maximum impervious surface coverage: 50%.
(e)
Maximum building height: 35 feet.
(g)
Minimum building setback from public streets bordering the property
and property lines: 50 feet.
(h)
Minimum building setback from internal public streets: 25 feet
from the right-of-way line.
(i)
Minimum building setback from internal non-public streets: 25
feet from the curbline.
(j)
Minimum distance from building to parking: 25 feet.
(k)
Utility sheds or other accessory structures may not be located
in the front yard and may not be located closer than five feet to
any side or rear property line.
(l)
All off-street parking facilities shall be on the same site
as the building and located within 150 feet of the nearest entrance
of the building they are intended to serve. Parking spaces shall be
provided in areas designed specifically for parking and there shall
be no parallel parking along interior private streets unless the street
width is constructed to Borough standards.
(m)
Buildings containing apartment flats shall be arranged in groups
or clusters and not in long rows parallel to street lines. The total
length of any one structure shall not exceed 200 feet.
(n)
Variations in setback, materials and design shall be encouraged.
(o)
More than one building per lot shall be permitted, provided
the minimum tract size requirement is met. However, if fee simple
townhouse units are proposed, each unit shall have a minimum lot area
of 2,500 square feet.
(p)
A landscaped buffer, 25 feet in width, shall be provided along
all public streets and adjacent to all property lines.
(q)
Buildings shall be designed in a common architectural style.
(r)
Sufficient area and equipment shall be provided within each
building for the laundering and artificial drying of the laundry of
the occupants of each building.
(s)
All dwelling units within a structure shall be connected to
approved and functioning public water and sanitary sewer systems prior
to the issuance of certificates of occupancy.
F.
Landscaped buffers and interior parking lot landscaping shall be provided as is required in § 88-33.
G.
Collection or storage of recyclable materials in multifamily housing shall be provided as required in § 88-60.
H.
Design and amenity requirements.
(1)
Architectural considerations. In order to encourage an attractive
building arrangement, variations in the setback or alignment of buildings
erected on the same frontage or attached to other buildings shall
be provided, parallel arrangement of buildings shall be avoided and
desirable variations in such things as the facade, construction and
roof lines of apartment buildings and single-family attached units
or townhouses shall be encouraged. Individuality in buildings shall
be achieved also by the use of various external materials, colors,
landscape elements and other design details. Exterior walls shall
not be made of exposed cinder block.
(2)
Laundry facilities. Adequate laundry facilities consisting of automatic
washing and clothes-drying machines in a laundry room shall be provided,
or a washer and dryer shall be installed in each dwelling unit.
(3)
Storage space. A minimum of 300 cubic feet of fire-resistant separate
storage space shall be provided for each dwelling unit. This storage
space should be convenient to outside ground level and appropriate
for storage of bicycles, trunks and items of dead storage.
(4)
Open space calculation. It shall be assumed that each building contains
25 feet of front yard, 25 feet of rear yard and 13 feet of side yards
on each side. These yards shall be noted for purposes of the open
space calculation regardless of the actual yard areas given in plans
where units are sold fee simple or by condominium or rented. Such
yard areas shall not be used for meeting the requirements of minimum
open space.
A.
Intent. The intent of the CB Central Business Commercial District
is to promote the development and redevelopment of the existing business
area within the center of the Borough which contains a mix of retail,
office, service, entertainment and civic uses. Recognized as an area
in need of revitalization, the CB District remains a community focal
point intended to serve the Borough and the immediate environs. This
area, critical to the identity of the community, is densely developed
and needs complimentary and coordinated development to meet the needs
of business, consumers and residents. Regulations will be designed
to control points of ingress and egress and to provide for common
access and drives both to minimize the visual and traffic impacts
of development and to improve the conditions for pedestrians.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings.
(a)
Apartments, only as part of a commercial use and not located
on the first floor.
(b)
Stores for the sale of retail goods.
(c)
General business and professional offices, including medical
offices.
(d)
Facilities of financial and related service organizations, including
banks, stock brokers, realtors, insurance agencies, and similar facilities.
(e)
Shops specializing in personal or business services, including
dry cleaning and copying centers and excluding the repair of large
items which cannot be hand carried and large printing operations,
e.g. newspaper or other publishing or printing.
(f)
Day-care centers.
(g)
Eating and drinking establishments, but not including fast-food
or drive-in restaurants.
(h)
Institutional uses including a church, synagogue, or similar
place of religious worship.
(i)
Custom handicraft making and selling.
(j)
Mortuary.
(2)
Accessory uses permitted.
(a)
Home occupations.
(b)
Off-street parking lots. However, no off-street parking shall be permitted in any part of the front yard. (See § 88-30 for additional standards.)
(c)
Drive-in windows for permitted uses in accordance with § 88-31C, provided that the design of exiting driveways may not bring exit movements onto a state highway.
(f)
The erection of television antennas, including a satellite dish
less than 78 inches in diameter, and radio antennas, provided that
they do not exceed the height limitation of the district. No more
than two antennas shall be permitted per lot.
C.
Bulk standards.
(1)
Minimum lot area: 6,000 square feet.
(2)
Street frontage and yard requirements.
(a)
Minimum lot width at building line: 50 feet.
(b)
Minimum street frontage: 50 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard.
[1]
All existing structures, completed or under construction, as
per the effective date of this chapter, shall maintain the existing
front yard setback unless the Board finds, with the assistance of
the Economic Development Committee, that a proposed facade or addition
replicates the architectural style and quality of the immediate area.
The review shall include consideration of building materials and colors,
proportions of facades devoted to glass, attention to historical details
and fixtures, e.g., lighting fixtures, and signage. There is no minimum
setback for compatible proposals.
[2]
Structures built after the effective date of this chapter shall
have a minimum front yard setback of 10 feet from the street line
unless the Board finds, with the assistance of the Economic Development
Committee, that a proposed facade replicates the architectural style
and quality of the immediate area. The review shall include consideration
of building materials and colors, proportions of facades devoted to
glass, attention to historical details and fixtures, e.g., lighting,
and signage. There is no minimum setback for compatible proposals.
(e)
Minimum side yards: five feet.
(f)
Minimum rear yard: 25 feet.
(3)
Maximum building height: 35 feet.
(4)
Maximum building coverage: 50%.
(5)
Maximum impervious site coverage: 80%.
D.
Parking lot design.
(1)
Front yard parking prohibited. All on-site parking requirements shall
be provided for and occur behind or to the side of all buildings.
No parking shall be allowed between any street bordering the lot and
the front building line or lines. Said ground-level parking lots are
not permitted to be under or within existing or proposed structures.
(2)
Side yard parking must not be closer to the front property line than
the front wall of the existing or proposed primary structure or 20
feet, whichever is greater. Such parking must be screened from the
street using walls, fences, earth mounds, permanent evergreen landscaping
or a combination thereof.
(3)
All on-site parking shall be separated from adjoining lots within
a residential zone by a landscaped area at least 10 feet in width.
This area may be reduced to no less than five feet if a solid fence
or wall is provided to buffer the parked vehicles. Whenever a fence
or wall is used, a minimum two-foot strip outside the fencing shall
be landscaped with clusters of trees and shrubs with a maximum spacing
between clusters of 15 feet.
(4)
Except when adjoining property owners cooperate by providing interconnected parking lots, all parking areas shall be three feet or more from property lines other than as provided in Subsection D(3) above. This strip shall be landscaped to provide visual relief across adjoining parking areas but is not designed to provide total screening as is required against residential properties in residential zones.
A.
Intent. The intent of the CO Commercial Office District is to promote
the development and redevelopment of a portion of the existing commercial
area adjacent to the central business area of the Borough which contains
a mix of office, service and civic uses. The CO District is less intensely
developed and is characterized by larger properties and deeper front
yard setbacks. It is the intention of this chapter to maintain the
character of this area by prohibiting retail sales and highway-oriented
uses. Lots must be larger and deeper front yards will be maintained.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings.
(a)
Single-family detached dwellings.
(b)
Apartments, only as part of a commercial use and not located
on the first floor.
(c)
General business and professional offices, including medical
offices.
(d)
Facilities of financial and related service organizations, including
banks, stock brokers, realtors, insurance agencies, and similar facilities.
(e)
Business services, including copying centers.
(f)
Day-care centers.
(g)
Eating and drinking establishments, but not including fast-food
or drive-in restaurants.
(h)
Institutional uses including a church, synagogue, or similar
place of religious worship.
(i)
Mortuary.
(2)
Accessory uses permitted.
(a)
Home occupation.
(b)
Off-street parking lots. However, no off-street parking shall be permitted in any part of the front yard for nonresidential developments. (See § 88-30 for additional standards.)
(f)
The erection of television antennas, including a satellite dish
less than 78 inches in diameter, and radio antennas, provided that
they do not exceed the height limitation of the district. No more
than two antennas shall be permitted per lot.
C.
Bulk standards.
(1)
Minimum lot area: 15,000 square feet.
(2)
Street frontage and yard requirements.
(a)
Minimum lot width at building line: 70 feet.
(b)
Minimum street frontage: 70 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard.
[1]
New buildings: 50 feet.
[2]
All existing structures, completed or under construction, as
per the effective date of this chapter, shall maintain the existing
front yard setback unless the Board finds, with the assistance of
the Economic Development Committee, that a proposed facade or addition
replicates the architectural style and quality of the immediate area.
The review shall include consideration of building materials and colors,
proportions of facades devoted to glass, attention to historical details
and fixtures, e.g., lighting fixtures, and signage. Compatible architectural
structures have a minimum setback of 40 feet.
(e)
Minimum side yards: 10 feet.
(f)
Minimum rear yard: 25 feet.
(3)
Maximum building height: 35 feet.
(4)
Maximum building coverage: 40%.
(5)
Maximum impervious site coverage: 70%.
D.
Parking lot design.
(1)
Front yard parking prohibited. All on-site parking requirements shall
be provided for and occur behind or to the side of all buildings.
No parking shall be allowed between any street bordering the lot and
the front building line or lines. Said ground-level parking lots are
not permitted to be under or within existing or proposed structures.
(2)
Side yard parking must not be closer to the front property line than
the front wall of the existing or proposed primary structure. Such
parking must be screened from the street using walls, fences, earth
mounds, permanent evergreen landscaping or a combination thereof.
(3)
All on-site parking shall be separated from adjoining lots within
a residential zone by a landscaped area at least 10 feet in width.
This area may be reduced to no less than five feet if a solid fence
or wall is provided to buffer the parked vehicles. Whenever a fence
or wall is used, a minimum two-foot strip outside the fencing shall
be landscaped with clusters of trees and shrubs with a maximum spacing
between clusters of 15 feet.
(4)
Except when adjoining property owners cooperate by providing interconnected parking lots, all parking areas shall be three feet or more from property lines other than as provided in Subsection D(3) above. This strip shall be landscaped to provide visual relief across adjoining parking areas but is not designed to provide total screening as is required against residential properties in residential zones.
A.
The intent of the HB Highway Business Commercial District is to promote
the development and redevelopment of the vacant land and developed
properties outside of the central commercial areas of the Borough.
It is intended to promote the development of larger tracts of land
and to encourage the consolidation of smaller parcels. The district
will permit a mix of commercial uses and will include highway-oriented
and drive-in uses. The complimentary and coordinated development of
adjacent properties shall be encouraged through regulation designed
to control points of ingress and egress, provide for common access
and drives and shared parking. Design standards will be targeted at
minimizing the visual and traffic impacts of development and to improve
the conditions for pedestrians.
[Amended 12-9-2021 by Ord. No. 27-2021]
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings in HB District.
[Amended 12-9-2021 by Ord. No. 27-2021]
(a)
The following principal uses shall be permitted by right:
[1]
All nonresidential principal uses permitted by right in the
CB and CO Districts.
[2]
Hotels or motels.
[3]
Medical clinic with offices for the practice of medicine by
more than one doctor and/or medical group for the examination of and/or
treatment of persons as outpatients and the laboratories incidental
thereto.
[4]
Movie theaters, performing arts facilities, and community centers.
[5]
Shopping center.
[6]
Supermarket, when located in a shopping center.
[7]
Recreation, exercise and health clubs and facilities when owned
and operated by a nongovernmental agency, including but not limited
to buildings for bowling alleys, indoor court games such as racquetball,
handball, squash, tennis, and basketball and other facilities related
thereto, including indoor swimming and sauna facilities.
[8]
Public park and ride facilities.
[9]
Garden center stores and facilities.
(b)
The following principal uses or accessory are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties, will be compatible with the surrounding neighborhood, will not unduly burden adjacent areas with increases in traffic, noise, or threats to public health and safety, and will conform to such additional standards as provided in Article IV. All uses must be provided with public water and sewer services.
[1]
Fast-food or drive-in restaurants, only as part of a shopping
center, provided that access and egress provided from within the shopping
center, i.e., access and egress movements directly from the public
streets to the restaurant site, are prohibited.
[2]
Automobile sales.
[3]
Service stations.
[4]
Towers and/or antennas designed for cellular communications,
personal communications services or other communication technologies.
(2)
Accessory uses permitted.
(a)
Off-street parking lots.
(b)
Drive-in windows for permitted uses in accordance with § 88-31, provided that the design of exiting driveways may not permit exit movements onto state highways.
(e)
The erection of television antennas, including a satellite dish
less than 78 inches in diameter, and radio antennas, provided that
they do not exceed the height limitation of the district. No more
than two antennas shall be permitted per lot.
C.
Bulk standards.
(2)
Street frontage and yard requirements.
(a)
Minimum lot width at building line: 200 feet for lots with retail
uses, 150 feet for all others.
(b)
Minimum street frontage: 200 feet for lots with retail uses,
150 feet for all others.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard: 100 feet.
(e)
Minimum side yards: 50 feet.
(f)
Minimum rear yard: 75 feet.
(3)
Maximum building height: 35 feet.
(4)
Maximum building coverage: 50%.
(5)
Maximum impervious site coverage: 80%.
(6)
Maximum floor area. Retail stores shall have a gross leasable area
no greater than 60,000 square feet.
D.
Buffers and landscaping.
(1)
Landscaped buffers should be provided as follows:
(a)
Adjacent to any street line: 50 feet for multiple-use properties
or shopping centers or lots equal to or larger than 60,000 square
feet; 25 feet for single-use properties or lots smaller than 60,000
square feet.
(b)
Adjacent to a residential district: 50 feet.
(c)
Adjacent to a nonresidential district: 20 feet.
F.
Shopping centers and retail uses larger than 25,000 square feet shall
be designed using the following additional standards:
(1)
Architectural character.
(a)
Visual interest. Facades shall provide a visual interest consistent
with the Borough of Clayton's identity, character and scale.
(b)
Facades greater than 100 feet in length, measured horizontally,
shall incorporate wall plane projections or recesses having a depth
of a least 3% of the length of the facade and extending at least 20%
of the length of the facade. No uninterrupted length of any facade
shall exceed 100 horizontal feet.
(c)
Ground floor facades shall have arcades, display windows, entry
area, awnings or other such features along no less than 60% of the
horizontal length.
(d)
Building facades must include a repeating pattern that shall
include changes in color, texture and material modules. At least one
of the elements shall repeat horizontally. All elements shall repeat
at intervals of no more than 30 feet, either horizontally or vertically.
(e)
Roof lines. Variations in roof lines must be used to add interest
to and reduce the massive scale of large buildings. Roofs shall have
no less than two of the following features:
[1]
Parapets concealing flat roofs and rooftop equipment such as
HVAC units from public view. The average height of such parapets shall
not exceed 15% of the height of the supporting wall, and such parapets
shall not at any point exceed 1/3 of the height of the supporting
wall. Such parapets shall feature three-dimensional cornice treatment.
[2]
Overhanging eaves, extending no less than three feet past the
supporting walls.
[3]
Sloping roof that does not exceed the average height of the
supporting walls, with an average slope greater than or equal to one
foot of vertical rise for every three feet of horizontal run and less
than or equal to one foot of vertical rise for every one foot of horizontal
run.
[4]
Three or more roof slope planes.
(f)
Materials and colors.
[1]
Predominant exterior building materials shall be high-quality
material, including brick, wood, sandstone or tinted textured concrete
masonry units.
[2]
Facade colors shall be low reflectance, subtle, neutral or earth-tone
colors. The use of high-intensity colors, metallic colors, black or
fluorescent colors is prohibited.
[3]
Building trim and accent areas may features brighter colors,
including primary colors, but neon tubing shall not be an acceptable
feature for building trim or accent areas.
[4]
Predominant exterior building material should not include smooth-faced
concrete blocks, tilt-up concrete panels or prefabricated steel panels.
(2)
Outdoor storage, trash collection and loading.
(a)
Areas for outdoor storage, truck parking, trash collection or
compaction, loading, or other such uses shall not be visible from
abutting streets.
(b)
No areas for outdoor storage, trash collection or compaction,
loading or other such uses shall be located within 50 feet of any
public street, public sidewalk or internal pedestrianway.
(c)
Loading docks, truck parking, outdoor storage, utility meters,
HVAC equipment, trash collection, trash compaction, and other service
functions shall be incorporated into the overall design of the building
and the landscaping so that the visual and acoustic impacts of these
functions are fully contained and out of view from adjacent properties
and public streets.
(d)
Non-enclosed areas for the storage and sale of seasonal inventory
shall be permanently defined and screened with walls and/or fences.
(3)
Parking field location. Parking fields may be located within 100
feet of the primary street upon which a shopping center abuts for
no more than 50% of the frontage along the primary street, except
for parking specifically designed to serve separate buildings or pad
sites located between the principal structure and the street.
A.
Intent. The intent of the Highway Industrial/Office District is to
promote the development of appropriate areas within the Borough which
will provide opportunities for the use of buildings for larger uses
including office buildings, light manufacturing, office/warehousing
uses known as "flex space" and research facilities.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings. The following principal uses and no others shall be permitted, provided that the use does not create any noise, vibration, smoke, dust, odor, heat, glare, or other objectionable effect in excess of the performance standards for industrial developments as required in § 88-38:
(a)
Scientific or industrial research, testing or experimental laboratory,
or product development.
(b)
Printing, publishing, lithographing, binding, or similar processes.
(c)
Assembly and light manufacturing.
(d)
Warehousing and distribution in combination with other uses,
but not including a truck terminal.
(e)
Mail order merchandise facility.
(f)
Motion picture film production, television or radio studio,
cable television studio, satellite ground station.
(g)
General business offices, banks, and offices of financial institutions.
(h)
Beverage distribution.
(i)
Data processing and information processing centers.
(j)
Wholesale greenhouse, nursery and wholesale florist.
(k)
Towers and/or antennas designed for cellular communications,
personal communications services or other communication technologies.
(2)
Accessory uses permitted.
(b)
Garages to house delivery trucks and other commercial vehicles.
(Unenclosed storage of trucks and trailers is not permitted.)
(e)
The warehousing of materials permitted in association with a
permitted principal use.
(f)
Outdoor storage, permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform to such additional standards as provided in Article IV.
(g)
The erection of television antennas, including a satellite dish
less than 78 inches in diameter, and radio antennas, provided that
they do not exceed the height limitation of the district. No more
than two antennas shall be permitted per lot.
C.
Bulk standards.
(1)
Minimum lot area: three acres.
(2)
Minimum lot width at building line: 200 feet.
(3)
Minimum lot depth: 250 feet.
(4)
Minimum front yard: 100 feet.
(7)
Maximum building height: 35 feet.
(8)
Maximum building coverage (includes all principal and accessory buildings):
35%.
(9)
Maximum impervious coverage: 80%.
(10)
Accessory structures shall be subject to all the same locational
requirements as principal buildings.
D.
Buffers and landscaping.
A.
Intent. The intent of the RIO-1 Restricted Industrial/Office-1 District
is to provide clean, less intense, industrial and office uses in proximity
to existing and proposed residential areas. Standards are aimed at
minimizing the visual and traffic impact and aiding in the transition
from the more intense to the less intense uses. The RIO-1 District
is intended to encourage development of moderate industrial parcels
and industrial parks with nonpolluting industrial and related uses.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings. The following principal uses and no others shall be permitted, provided that the use does not create any noise, vibration, smoke, dust, odor, heat, glare, or other objectionable effect in excess of the performance standards for industrial developments as required in § 88-38:
(a)
Scientific or industrial research, testing or experimental laboratory,
or product development.
(b)
Printing, publishing, lithographing, binding, or similar processes.
(c)
Assembly and light manufacturing.
(d)
Warehousing and distribution in combination with other uses,
but not including a truck terminal.
(e)
Mail order merchandise facility, but not including retail sales.
(f)
Motion picture film production, television or radio studio,
cable television studio, or satellite ground station.
(g)
Data processing and information processing centers.
(h)
Wholesale greenhouse, nursery and wholesale florist.
(2)
Accessory uses permitted.
(b)
Garages to house delivery trucks and other commercial vehicles.
(Unenclosed storage of trucks and trailers is not permitted.)
(e)
The warehousing of materials permitted in association with a
permitted principal use.
(f)
Outdoor storage, permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform to such additional standards as provided in Article IV.
(g)
Towers and/or antennas designed for cellular communications, personal communications services or other communication technologies are permitted conditionally in accordance with Article IV.
(h)
The erection of television antennas, including a satellite dish
less than 78 inches in diameter, and radio antennas, provided that
they do not exceed the height limitation of the district. No more
than two antennas shall be permitted per lot.
C.
Bulk standards.
(1)
Minimum lot area: two acres.
(2)
Minimum lot width at building line: 150 feet.
(3)
Minimum lot depth: 250 feet.
(4)
Minimum front yard: 100 feet.
(7)
Maximum building height: 35 feet.
(8)
Maximum building coverage (includes all principal and accessory buildings):
35%.
(9)
Maximum impervious coverage: 80%.
(10)
Accessory structures shall be subject to all the same locational
requirements as principal buildings.
D.
Buffers and landscaping.
A.
Intent. The intent of the RIO-2 Restricted Industrial/Office-2 District
is to provide clean, less intense, industrial and office uses in proximity
to existing and proposed residential areas. Standards are aimed at
minimizing the visual and traffic impact and aiding in the transition
from the more intense to the less intense uses. The RIO-2 District
is intended to encourage development of smaller industrial parcels
with nonpolluting industrial and related uses.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings. The following principal uses and no others shall be permitted, provided that the use does not create any noise, vibration, smoke, dust, odor, heat, glare, or other objectionable effect in excess of the performance standards for industrial developments as required in § 88-38:
(a)
Scientific or industrial research, testing or experimental laboratory,
or product development.
(b)
Printing, publishing, lithographing, binding, or similar processes.
(c)
Assembly and light manufacturing.
(d)
Warehousing and distribution in combination with other uses,
but not including a truck terminal.
(e)
Mail-order merchandise facility, but not including retail sales.
(f)
Motion picture film production, television or radio studio,
cable television studio, or satellite ground station.
(g)
Data processing and information processing centers.
(h)
Wholesale greenhouse, nursery and wholesale florist.
(2)
Accessory uses permitted.
(b)
Garages to house delivery trucks and other commercial vehicles.
(Unenclosed storage of trucks and trailers is not permitted.)
(e)
The warehousing of materials permitted in association with a
permitted principal use.
(f)
Outdoor storage, permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform to such additional standards as provided in Article IV.
(g)
Towers and/or antennas designed for cellular communications, personal communications services or other communication technologies are permitted conditionally in accordance with Article IV.
(h)
The erection of television antennas, including a satellite dish
less than 78 inches in diameter, and radio antennas, provided that
they do not exceed the height limitation of the district. No more
than two antennas shall be permitted per lot.
C.
Bulk standards.
(1)
Minimum lot area: 1.5 acres.
(2)
Minimum lot width at building line: 150 feet.
(3)
Minimum lot depth: 250 feet.
(4)
Minimum front yard: 100 feet.
(7)
Maximum building height: 35 feet.
(8)
Maximum building coverage (includes all principal and accessory buildings):
35%.
(9)
Maximum impervious coverage: 80%.
(10)
Accessory structures shall be subject to all the same locational
requirements as principal buildings.
D.
Buffers and landscaping.
A.
Intent. The intent of the Industrial District is to promote the development
of appropriate areas within the Borough which will provide opportunities
for the use of buildings for a full range of large and small industrial
uses on individual parcels or in industrial parks. While many diverse
uses are intended, only nonpolluting industrial uses and related uses
will be permitted.
B.
Uses.
(1)
The following principal uses and no others shall be permitted, provided that the use does not create any noise, vibration, smoke, dust, odor, heat, glare, or other objectionable effect in excess of the performance standards for industrial developments as required in § 88-38:
(a)
Scientific or industrial research, testing or experimental laboratory,
or product development.
(b)
General business or governmental offices.
(c)
Repair and service of home, business, and/or industrial appliances,
equipment, or instruments.
(d)
Assembly and light manufacturing.
(e)
Warehouse, storage, packing and crating, and distribution facilities.
(f)
Data processing, printing, publishing, book binding, engraving,
lithographing, reproducing, photo finishing, film processing, radio,
television, or cinema studio, or similar establishment.
(g)
Cold storage, frozen food, and food processing.
(h)
Laundry, cleaning, and dyeing plant.
(i)
General service or contractor's shop, including carpenter and
cabinet making shop, roofing shop, plumbing shop, furniture repair,
light metal working, electrical shop, and similar establishments.
(j)
Automobile repair, body work, and painting.
(k)
Mail-order merchandise business, provided that no retail sales
to the general public occur on site.
(l)
Commercial greenhouse, nursery, and wholesale florist.
(n)
The storage, parking and/or garaging of motor vehicles and associated
trailers which are currently licensed by the State of New Jersey for
use on public streets; provided, however, that in no case shall this
provision be interpreted to permit the operation of an automotive
junkyard.
(2)
Accessory uses permitted.
(b)
Structures to house delivery trucks and other commercial vehicles.
(e)
Outdoor storage, permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform to such additional standards as provided in Article IV.
(f)
The erection of television antennas, including a satellite dish
less than 78 inches in diameter, and radio antennas, provided that
they do not exceed the height limitation of the district. No more
than two antennas shall be permitted per lot.
C.
Bulk standards.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width at building line: 150 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front yard: 50 feet.
(7)
Maximum building height: 35 feet.
(8)
Maximum building coverage (includes all principal and accessory buildings):
40%.
(9)
Maximum impervious coverage: 80%.
(10)
Accessory structures shall be subject to all the same locational
requirements as principal buildings.
D.
Buffers and landscaping.
A.
Intent. The intent of the CF/I Community Facility Institutional District
is to provide regulations for public and quasi-public or institutional
land uses and to ensure their compatibility with surrounding land
uses. Included in this designation are open space and/or recreation
sites under the jurisdiction of various levels of government and nonprofit
organizations.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings.
(a)
Uses by right.
[1]
Governmental use or building, other than those enumerated as
conditional uses below, including but not limited to a municipal administrative
or public safety facility, community center, library, or park.
[2]
Private or public elementary, secondary or nursery school accredited
by the State Department of Education.
[3]
Public playgrounds, woodland, wildlife preserve, natural resource
conservation area and parks.
[4]
Conservation area, park or recreational facility under the jurisdiction
of a nonprofit organization.
(b)
The following principal uses are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties, will be compatible with the surrounding neighborhood, will not unduly burden adjacent areas with increases in traffic, noise, or threats to public health and safety, and will conform to such additional standards as provided in Article IV:
[1]
Convalescent home, nursing home, or similar health facility.
[2]
Church, synagogue, chapel, convent, or similar place of worship,
including a rectory or parish house.
[3]
Cemetery and crematorium; provided, however, that crematorium
chimneys shall not be located within 500 feet of any street or residential
property line.
[4]
Private recreational use of a primarily outdoor character, such
as swim clubs, tennis clubs, country clubs, or similar facilities.
[5]
Child-care center.
C.
Bulk standards.
(1)
Minimum lot size: two acres.
(2)
Minimum street frontage: 300 feet.
(3)
Minimum lot width: 300 feet.
(4)
Minimum front yard: 50 feet.
(7)
Maximum building height: 35 feet.
(8)
Maximum building coverage (includes all principal and accessory buildings
located on a site): 35%.
(9)
Maximum impervious coverage: 80%.
(10)
Accessory structures shall be subject to all the same locational
requirements as principal buildings and shall not have a ground floor
area in excess of 5% of the area of the site.
D.
Future use of institutional land.
(1)
Because of the unique and varied character of uses permitted in the
Institutional District, either by right or by conditional approval,
it may not be appropriate to allow one institutional use to automatically
replace another institutional use upon its abandonment or discontinuance.
For the purposes of this section, the replacement of any use with
another which is not of the exact character of the previous use shall
be considered a change of use.
(2)
In the event of the nonuse, abandonment, or change in the use of
any institutionally zoned land, the Planning Board, on its own motion
or upon an application for a zoning change, shall consider the site
and make a recommendation to the Borough Council as to an appropriate
Zoning Map amendment for the site in question.
E.
Buffers and landscaping.
A.
Intent.
(1)
It is hereby found that certain streams, creeks and waterways of
the Borough are subject to recurring flooding, that such flooding
damages and endangers life and public and private property and facilities,
that this condition is aggravated by developments and encroachments
in the floodplain and that the most appropriate method of alleviating
such condition is through regulation of such developments and encroachments.
It is therefore determined that the special and paramount public interest
in the floodplain justifies the regulation of property located therein
as provided in this section, which is in the exercise of the regulatory
power of the municipality, for the protection of the persons and property
of its inhabitants and for the preservation of the public health,
safety and general welfare.
(2)
The intent of this section shall be to protect areas of the floodplain
subject to and necessary for the containment of floodwaters and to
permit and encourage the retention of open space land uses which will
be so located and utilized as to constitute a harmonious and appropriate
aspect of the continuing physical development of the Borough.
B.
Specific objectives.
(1)
To combine with present zoning requirements certain restrictions
made necessary for flood-prone areas to promote the general health,
welfare and safety of the Borough.
(2)
To prevent the erection of structures in areas unfit for human usage
by reason of danger from flooding.
(3)
To minimize danger to public health by protecting the quality and
quantity of surface and subsurface water supplies adjacent to and
underlying flood hazard areas and promoting safe and sanitary drainage.
(4)
To permit only those uses which can be appropriately located in the
floodplain as herein defined and which will not impede the flow or
storage of floodwaters or otherwise cause danger to life and property
at, above or below their locations along the floodplains.
(5)
To provide sufficient drainage courses to carry abnormal flows or
stormwater in periods of heavy precipitation.
(6)
To reduce the financial burdens imposed on the community, its governmental
units and its individuals by frequent and periodic floods and overflow
of lands.
(7)
To protect adjacent landowners and those both upstream and downstream
from damages resulting from development within a floodplain and the
consequent obstruction or increase in flow of floodwaters.
(8)
To protect the entire Borough from individual uses of land which
may have an effect upon subsequent expenditures for public works and
disaster relief and which may adversely affect the economic well-being
of the Borough.
(9)
To maintain undisturbed the ecological balance between those natural
systems elements, including wildlife, vegetation and marine life,
which are dependent upon watercourses and water areas.
(10)
To protect other municipalities within the same watershed from
the impact of improper development and the consequent increased potentials
for flooding.
(11)
To provide areas for the temporary natural storage of floodwaters.
(12)
To require that uses vulnerable to floods, including public
facilities, be constructed so as to be protected from flood damage
in accordance with the purpose and requirements of the National Flood
Insurance Program, P.L. 93-234.
C.
Incorporation of map by reference; floodplain boundaries.
(1)
This section consists of this text and the floodplain maps prepared
by the Federal Emergency Management Agency, titled "Borough of Clayton,
NJ (Gloucester Co.), Flood Hazard Boundary Map H-01 thru H-04," effective
date March 11, 1983. Said maps are on file in the office of the Borough
Clerk and are incorporated in this section by reference as though
fully set forth in this text. However, the Planning Board Engineer
may modify the one-hundred-year-storm criteria based on specific circumstances.
(2)
All other streams and waterways in the Borough not included above
are deemed to be floodplains. Twenty feet on both sides of streams,
as measured from the center line of streams, are presumed to be floodplains
in the absence of proof to the contrary.
(3)
This section shall also consist of any and all reports, maps, revisions
and amendments of these texts as may be prepared from time to time,
provided that such additional documents are in agreement with the
Planning Board Engineer, Corps of Engineers, Natural Resources Conservation
Service or any agency of the United States government authorized to
define floodplain criteria.
(4)
In cases of doubt, uncertainty or a dispute as to the exact limits
of the floodplain, the floodway or flood hazard area in a proposed
development, the applicant's engineer shall submit all of the appropriate
floodplain data, topography, hydrology, hydraulics and any other information
required by the Planning Board. After receipt of the complete data,
the Planning Board Engineer shall, upon the application and with the
consent of the landowner, determine the precise location of a floodplain,
floodway or flood hazard area limit by close inspection, field survey
or other appropriate method and cause the same to be marked on the
ground, notifying the landowner, the Building Inspector and the Planning
Board of the results thereof. The cost of such engineering shall be
borne by the applicant.
D.
Overlay concept; applicable areas; density.
(1)
The Floodplain Conservation District shall be deemed an overlay on
any zoning district now or hereafter applicable to any lot.
(2)
Should the Floodplain Conservation District be declared inapplicable
to any tract, the zoning applicable to such lot shall be deemed to
be the district in which it is located without consideration of this
section. In appropriate cases the center line of the streams shall
be in the district boundary line.
(3)
Should the zoning of any parcel or any part thereof in which the
Floodplain Conservation District is located be changed through any
legislative or administrative actions or judicial decision, such change
shall have no effect on the Floodplain Conservation District unless
such change was included as part of the original application.
(4)
Lands in the floodplain shall not be used to calculate the allowable
number of units in a project.
E.
Prohibited uses. The following uses shall not be permitted in the
Floodplain Conservation District, except if permitted by the Planning
Board upon the submission of acceptable proofs:
(1)
All freestanding structures and buildings and retaining walls, with
the exception of flood retention dams, culverts and bridges as approved
by the New Jersey Department of Environmental Protection.
(2)
The filling of or removal of topsoil from all floodplain lands, except
as approved under the provisions of this section.
(3)
The relocation of any watercourse without approval by the Planning
Board and the Natural Resources Conservation Service, United States
Department of Agriculture, thereon and the relocation of any watercourse
without the approval of the New Jersey Department of Environmental
Protection.
(4)
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles
and materials.
(5)
On-site sewage disposal systems.
(6)
Private water supply wells for potable purposes.
F.
Permitted uses. The following uses and no others are permitted in
the Floodplain District:
(1)
Cultivation and harvesting crops according to recognized soil conservation
practices.
(2)
Pasture and grazing of animals.
(3)
Outdoor plant nursery or orchard.
(4)
Wildlife sanctuary, woodland preserve, arboretum and passive recreation
or parks, including hiking, bicycle and bridle trails, but not including
facilities subject to damage by flooding.
(5)
Game farm, fish hatchery or hunting and fishing reserve for the protection
and propagation of wildlife, but not permitting any structures.
(6)
Forestry, lumbering and reforestation according to recognized natural
resources conservation practices.
(7)
Residential front, side and/or rear yards and uses customarily incidental
thereto, except that no structures or dwellings shall be permitted
within 100 feet of the floodplain, except as permitted by the Planning
Board upon submittal of acceptable proofs. Inclusion of floodplain
lands within the residential lots in order to meet minimum lot area
or yard requirements is contingent upon complying with the objectives
and standards set forth in the declaration of legislative intent of
this section and with any other pertinent municipal regulations. If
such compliance cannot be shown, the land area within the Floodplain
Conservation District shall not be included for purposes of determining
lot areas or yard requirements.
(8)
Normal accessory use permitted under the applicable zoning district
and as further restricted by the standards set forth in this section.
(9)
Recreational use, whether open to the public or restricted to private
use, such as parks, camps, picnic areas, fishing areas and sport or
boating clubs, not to include enclosed structures, excepting floodproof
toilet facilities but permitting piers, docks, floats or unenclosed
shelters usually found in developed outdoor recreational areas. Any
floodproof toilet facilities provided shall be connected to public
water and sewerage systems.
(10)
Sewage treatment plant, outlet installations for sewage treatment
plants and sewage pumping stations with the approval of the Planning
Board Engineer, appropriate sewer authorities and the New Jersey Department
of Environmental Protection, when accompanied by documentation as
to the necessity for locating within the boundaries of the Floodplain
Conservation District.
(11)
Dams, culverts and bridges with the approval of appropriate
authorities with jurisdiction such as the Department of Environmental
Protection.
(12)
Sanitary or storm sewers and impoundment basins, with the approval
of the Planning Board Engineer and the New Jersey Department of Environmental
Protection.
(13)
Utility transmission lines.
(14)
Roads, driveways and parking facilities.
(15)
Grading or regrading of lands, including the deposit of topsoil
and the grading thereof. The application for such a use shall be accompanied
by the following:
(a)
Detailed engineering studies indicating the effects on drainage
and streams on all adjacent properties as well as the property in
question, including the necessary data to determine whether the boundaries
of the Floodplain Conservation District would be affected if the application
were granted.
(b)
An application for amending the boundaries of the Floodplain
Conservation District if the boundaries are affected by the grading
or regrading of land.
(c)
A plan indicating the deposition of any fill or materials proposed
to be deposited by the grading or regrading of land. Such fill or
other materials shall be protected against erosion by riprap, vegetative
cover or bulkheading.
G.
Floodplain permit application. For any use of land in the Floodplain
Conservation District, except uses existing as of the date of the
enactment of this section, an application for a floodplain permit
shall be as follows:
(1)
The applicant shall apply to the Planning Board in accordance with
either the site development plan procedures or the subdivision procedures.
(2)
In addition to the information required in the above-noted procedures,
the applicant shall also furnish a plan certified by a registered
professional engineer showing the following data:
(a)
Contour lines at intervals of not more than two feet.
(b)
Exact size, shape, location and elevation of existing and proposed
buildings and structures.
(c)
Floodplain, floodway and flood hazard area limits and development
therein.
(d)
Channel or stream.
(e)
Proposed fill limits, regrading and elevations.
(f)
Floodproofing measures.
(g)
Exact dimensions and acreage of each lot or plot to be built
upon or otherwise used.
(h)
The location, layout and elevation of existing and proposed
parking areas.
(i)
Driveway drainage.
(j)
Sewer and water facilities and connections.
(k)
Plantings, seedings and signs.
(l)
Such other information as shall be reasonably required for an
evaluation of the effect of the development upon flood control.
(3)
The following additional information may be deemed necessary by the
Planning Board or Planning Board Engineer for the evaluation of effects
of the proposal upon flood flows and floodwater storage and to render
a decision on the proposed floodplain use:
(a)
A typical valley cross section showing the channel of the stream,
the floodplain adjoining each side of the channel, cross-sectional
area to be occupied by the proposed development and high-water information.
(b)
Plan surface view showing evaluation or contours of the ground;
pertinent structure, fill or storage elevations; size, location and
spatial arrangement of all proposed and existing structures on the
site; location and elevations of streets, water supply, sanitary facilities
and soil types; and other pertinent information.
(c)
Profile showing the slope of the bottom of the channel of flow
line of the stream.
(d)
Specifications for building construction and materials, floodproofing,
filling, dredging, grading, channel improvements, storage of materials,
water supply and sanitary facilities.
(e)
A plan or document certified by a registered professional engineer
that the floodproofing measures are consistent with requirements for
the flood protection elevation for the particular area and to include:
[1]
Anchorage to resist flotation and lateral movements.
[2]
Installation of watertight doors, bulkheads and shutters.
[3]
Reinforcements of walls to resist water pressures.
[4]
Use of paints, membranes or mortar to reduce seepage of water
through walls.
[5]
Additions of mass or weight to structures to resist flotation.
[6]
Installation of pumps to lower water levels in structures.
[7]
Construction of water supply and waste treatment systems so
as to prevent the entrance of floodwaters.
[8]
Pumping facilities for subsurface external foundation wall and
basement water pressures.
[9]
Construction to resist rupture or collapse caused by water pressure
or floating debris.
[10]
Cutoff valves or sewer lines or the elimination of gravity flow
basement drains.
[11]
Elevation of structures to reduce the likelihood of flood damage.
H.
Standards for reviewing applications. In reviewing applications,
the Planning Board shall consider and be guided by the purposes, policies
and specific objectives set forth in this section and, in addition,
shall apply the following standards:
(1)
As to development in the floodway, primary consideration shall be
given to preserving this area by defining the minimum capacity required
for the passage of flood flows without aggravating flood conditions
upstream and downstream. Encroachments therein shall therefore be
permitted most sparingly and only in cases in which the public interest
will be served, such as bridges, roads, utility installations and
the like, and the temporary storage of material or equipment in connection
with and during the construction thereof, or where the obstruction
is minimal, such as surface parking or recreational areas, open fencing
and the like, and then, in either case, only in accordance with conditions
designed to limit the obstruction to the practicable minimum.
(2)
As to developments in the flood hazard area outside the floodway,
primary consideration shall be given to the protection of persons
and property involved in the development, and such consideration shall
not be avoided by the waiver of the applicant. Normal accessory uses
shall be permitted only where the building or structure is not designed
or intended as a human dwelling place and will not, by reason of its
size, shape, construction or location, have any adverse effect upon
the functioning of the floodway.
[Added 12-27-2001 by Ord.
No. 23A-01]
A.
Intent. The intent of this section is to provide suitable opportunity
for the development of well-planned residential development that is
integrated with recreational facilities and with open space. The planned
residential developments provided for in this district shall be primarily
intended to serve the needs of older adults, but not all dwelling
units need be age-restricted, as provided for herein.
C.
Development and design standards.
(1)
All uses not developed as a planned residential development
shall comply with the bulk and design standards of the A Agricultural
Zoning District.
(2)
Planned residential developments shall conform to the following
standards:
(a)
A planned residential development shall be developed and operated
under the direction and control of a single owner or agent for the
owner.
(b)
A minimum of 100 acres is required and shall be developed under
a unified plan. The planned residential development area may include
public roads and rights-of-way that bisect the area.
(c)
The planned residential development area shall contain a minimum
frontage of 200 feet on a county or state road.
(d)
A traffic impact study shall be required.
(e)
Public sewer and public water service shall be provided for
all dwellings in the planned residential development.
(f)
The design of the planned residential development shall be as
follows:
[1]
Planned residential developments are encouraged and required
to use innovative design and planning in order to encourage a built
environment that reflects the character of a hamlet or village. The
architectural styles and themes must allow for a diversity of design
styles and dwelling types. The development should consist of harmonious
groupings of buildings and other land uses, including the arrangement
of circulation, parking and open space, contained in the integral
cohesive plan, reflecting sensitivity to the community and the natural
resources available.
[2]
Designs must create recognizable neighborhoods which emphasize
pedestrian circulation, attractive civic spaces, squares, greens and
parks, with a special sense of neighborhood identity. Environmentally
sensitive open space and wildlife habitats must be preserved and protected
while allowing and encouraging residents to appreciate these resources
with well planned and low-impact access, e.g., trails through stream
corridors.
(g)
The following age and occupancy requirements apply:
[1]
Not less than 60% of the dwelling units in a planned residential
development shall be restricted to occupancy by households containing
at least one person who shall have attained an age of at least 55
years and which have no persons under the age of 18 years. Age-restricted
dwelling units shall comply with all federal and state regulations
governing housing for older persons which allow exemptions from prohibitions
against discrimination because of familial status.
[2]
There shall be no age restriction on the members of households
living in the remaining 40% of the dwelling units in a planned residential
development.
(h)
The following uses are permitted in a planned residential development:
[1]
Principal permitted uses on the land and in buildings shall
be as follows:
(i)
Bulk and design standards.
[1]
The maximum gross density for the tract shall not exceed two
dwelling units per acre of land.
[2]
In order to allow the maximum flexibility in site design, lotting
is not required in any development built in the planned residential
development, nor is any minimum lot size. However, in cases wherein
lots are utilized, the distance between any point on a dwelling and
the abutting lot line shall not be less than seven feet, with the
following exceptions:
[3]
No dwelling unit within the planned residential development
may take access directly from any existing county or state roadway.
All dwelling units shall gain access from residential roads, internal
access roads, drives, courts, or similar arrangements.
[4]
Location, design and layout of buildings containing dwelling
units shall be so designed to ensure open space and privacy between
units.
[5]
Building setbacks.
[a]
From the right-of-way line of any internal street
in the community, or in the absence of a right-of-way line, from a
line five feet back from the edge of the cartway/curbline: 20 feet.
[b]
From a common parking area serving residential
units (or access road thereto), or from a solid waste collection facility
or other service area (if separate from a parking area): 25 feet.
[c]
From a dwelling unit to an outdoor recreation facility
associated with the development but not housed in a building: 30 feet.
[d]
From the tract boundary, in which no structure
or parking facility shall be placed (with the exception of entrance
area guard stations, entrance roads, ponds, stormwater basins, or
cart paths): 100 feet.
[6]
Separation of buildings.
[a]
The minimum horizontal distance between any two
residential buildings within the same building group or cluster (oriented
toward the same street, cul-de-sac, or courtyard, or those which are
oriented toward the same open space area): 14 feet.
[b]
The minimum horizontal distance between any two
residential buildings not within the same building group or cluster:
35 feet.
[7]
Maximum permitted building coverage: 30%.
[8]
Maximum permitted impervious coverage: 50%.
[9]
Maximum permitted building height: 35 feet.
[10]
Building design.
[a]
Each building and complex of buildings shall have
a compatible architectural theme with appropriate variations in design
to provide attractiveness to the development. Such variations in design
shall result from the use of landscaping and the orientation of buildings
to the natural features of the site and to other buildings, as well
as from varying unit widths, using different exterior materials, changing
rooflines and roof designs, varying building heights and changing
window types, shutters, doors, porches and exterior colors.
[b]
No more than six dwelling units shall be contained
in any one townhouse structure.
[c]
Buildings shall be arranged in groups or clusters
and not in long rows parallel to street lines. The total length of
any one structure shall not exceed 160 feet.
[11]
Parking areas.
[a]
All off-street parking facilities shall be on the
same site as the building and located within 150 feet of the nearest
entrance of the building they are intended to serve. Parking spaces
shall be provided in areas designed specifically for parking along
interior private streets unless the street width is constructed to
Borough standards.
[b]
The standards for residential units shall be the
same as provided in the Residential Site Improvement Standards (N.J.A.C.
5:21-4.14 et seq.).
[12]
Open space and recreation requirements shall be in accordance with § 88-34, Common open space standards, with the exception that not less than 40% of the tract shall be preserved as common open space and/or recreation.
[13]
Landscape and buffer requirements.
[a]
The entire perimeter of a planned residential development shall be buffered either by existing natural vegetation or a landscaped buffer area a minimum of 25 feet in width and in accordance with § 88-33, Landscape, buffer and tree protection standards. The natural vegetation may be acceptable if it meets or exceeds the requirements of the landscaped buffer.
(j)
Required recreational facilities.
[1]
Planned residential developments shall provide lands and facilities
for active recreation that are appropriate to the age of the residents
to be served. (Add acreage and facility standards based on number
of anticipated residents.)
[2]
Nothing herein shall prevent the dedication of recreational
lands and facilities to the Borough, subject to acceptance by Borough
Council.
