Township of Hillsborough, NJ Article V Districts and Standards [1]

[1] Editor's Note: The Zoning Map labeled "Zoning Map 9/2 5/80" was adopted as the Zoning Map of the Township of Hillsborough and was incorporated into this chapter and made a part hereof 9-25-1980 by Ord. No. 80-14. Said Zoning Map can be found on file at the Township offices.

§ 188-97 Prohibited uses.

[Amended 7-14-1981 by Ord. No. 81-11; 12-22-1981 by Ord. No. 81-21]

A. All uses not expressly permitted are prohibited.

B. No land or building shall be used or occupied for a use which will in any manner create an unreasonable potential hazard to the general public, health, safety and welfare, as, for example, but not by way of limitation, any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous conditions; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, movement of air, electrical or other disturbances; glare; or liquid or solid wastes in a manner or amount not conforming to the appropriate performance standards of this chapter.

C. Without limiting the foregoing sections, or being limited thereby, the following uses are specifically prohibited:

(1) Motor freight terminals, motor and truck transfer stations, motor and truck depots, motor and truck storage sites, truck stops and truck repair facilities.

(2) Storage, manufacturing, purifying, packaging, repackaging, selling or supplying of toxic or highly flammable chemicals or gases, as a primary use, regardless of quantities involved.

(3) Aboveground tank farms or storage of gasoline, fuel oils, gases or chemicals or other flammable, corrosive or toxic substances as a primary use or in total on-site quantities exceeding 30,000 liquid gallons or equivalent.

(4) Adult bookstores, businesses showing X-rated movies or live acts, massage parlors and other businesses dealing primarily with indecent or obscene materials, acts or paraphernalia.

(5) All classes of cannabis establishments, cannabis distributors or cannabis delivery services as said terms are defined in N.J.S.A. 24:6I-33. Licensed cannabis delivery services situated outside the geographic boundaries of the Township may deliver cannabis items and related supplies within the Township as permitted by the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq.

[Added 5-25-2021 by Ord. No. 2021-07]

§ 188-97.1 Utility facilities.

[Added 3-28-2017 by Ord. No. 2017-02]

A. Applicability. This section applies to basic, minor, and major utility facilities as defined in § 188-3B. It does not apply to wireless telecommunications facilities as provided for in Article IX of this chapter, or solar energy systems and small wind energy systems as provided for in § 188-76. This section does not supersede any applicable design and performance standards found in §§ 188-75, 188-94, or 188-95.

B. Locations and standards.

(1) Basic utility facilities are permitted in all zones subject to any applicable private or public easements or other contractual agreements. They are not subject to any of the bulk standards of the host zone but must be appropriately screened from residential properties whenever possible and must conform to any site plan or subdivision requirements if the utility is to be installed as part of a development application.

(2) Minor utility facilities are permitted as a conditional use in all zones in accordance with the following standards:

(a) Unless the utility is located in a public right-of-way, the following conditions shall apply:

[1] The minimum lot area shall be one acre.

[2] No structure shall be permitted within 50 feet of any property line except that in the TC Zone the setback shall be 100 feet from existing Route 206 (Main Street) or Amwell Road.

[3] Total impervious coverage shall not exceed 25%.

[4] A minimum twenty-five-foot buffer is required from any residential use with adequate landscaping, berms or fencing to conceal the utility to the extent possible.

(b) The maximum height of any structure shall be 20 feet.

(c) All mechanical equipment shall be housed in a building(s) that is designed to be visually compatible with any surrounding structures or landscapes.

(d) If the utility is located in a residential zone or the Mountain or Agricultural Zones, and the standard for a principal residential use is more restrictive than the conditional standard, the more restrictive standard shall apply.

(3) Major utility facilities are permitted as a principal permitted use in a consolidated district formed by the contiguous portions of the GI General Industrial, I-2 Light Industrial, and ED Economic Development Zones located north of the Norfolk Southern railroad tracks and west of United States Highway Route 206 in accordance with the following standards:

(a) Minimum lot area: 10 acres.

(b) Minimum lot width: 300 feet.

(c) Minimum lot depth: 300 feet.

(d) Minimum front yard: 150 feet.

(e) Minimum side yard: 100 feet.

(f) Minimum rear yard: 100 feet.

(g) Maximum impervious coverage: 50%.

(h) Maximum building height: 60 feet.

(i) Minimum buffer to a residential use or zone: 100 feet.

(j) Minimum distance to a park or school measured from property line to property line: 1,000 feet.

(4) Major utility facilities shall also comply with all of the provisions of the GI General Industrial Zone not listed in Subsection B(3) above.

§ 188-98 RA, RS, R, R1, R2, CR, AH, RCA, PD and R8A Residential Districts.

[Amended 6-12-1979 by Ord. No. 79-1; 9-25-1980 by Ord. No. 80-14; 7-14-1981 by Ord. No. 81-11; 11-24-1981 by Ord. No. 81-20; 10-12-1982 by Ord. No. 82-13; 9-24-1985 by Ord. No. 85-14; 6-28-1988 by Ord. No. 88-10; 8-14-1990 by Ord. No. 90-14; 6-22-1993 by Ord. No. 93-21; 5-23-2001 by Ord. No. 2001-25; 12-30-2002 by Ord. No. 2002-48; 12-30-2002 by Ord. No. 2002-49; 7-10-2007 by Ord. No. 2007-25; 4-28-2020 by Ord. No. 2020-08]

A. Purpose. The purpose of the RA, RS, R, R1, R2, CR, AH, RCA, PD and R8A Residential Districts is to establish a distribution of population density throughout the Township in relation to existing and prospective facilities, a convenient street system, employment areas and reasonable predictability of population growth. The standards are intended to offer maximum flexibility in site design and the selection of dwelling unit types in order to offer a balanced housing pattern attractive to all income and age segments of the community as part of the Township's fair share of meeting the region's low- and moderate-income housing need. In each of these districts, development design may follow either standard subdivision of lots or cluster zoning or, in the RS, R, R1, R2, CR, AH, RCA and PD Districts, utilize the planned development provisions of this chapter.

B. Permitted principal uses.

(1) Dwellings, in accordance with the schedule at the end of this chapter.

(2) Libraries, parks and playgrounds, cemeteries, community center (noncommercial) and golf courses.

(3) Neighborhood convenience center in conjunction with planned developments containing more than 300 dwelling units. The center shall contain not less than four and not more than eight retail outlets and/or offices. The center shall be located in relation to the entire development and a convenient street network and shall also be served by a comprehensive pedestrian and bikeway system serving the entire project. The lot area shall not be less than two acres nor more than six acres, with minimum lot width and depth; minimum front, side and rear yards; maximum building coverage, impervious surface coverage and building height; and minimum buffer width, all as set forth in the C-1 District.

(4) All farm and agricultural activities, including nurseries, poultry and livestock raising, provided that:

(a) The keeping or raising of swine shall not be allowed except as part of a general farming operation on a property of not less than 25 acres. No more than 100 swine shall be kept on any property.

(b) No building, fenced run or other enclosure for the shelter of swine shall be closer to any property line or zone boundary than 200 feet.

(c) No building erected entirely or partially for the storage of hay or other flammable material shall be closer than 100 feet to any property line.

(d) No building for the shelter of fowl or farm livestock, other than swine, shall be closer to any side or rear property line or residential zone boundary than 100 feet, except that no range shelter or other building used to house a backyard flock shall be closer to any side or rear property line than 50 feet.

(5) Home occupations.

(6) Volunteer fire companies and first-aid or rescue squads.

[Added 3-10-2009 by Ord. No. 2009-08]

C. Accessory uses.

(1) Garages, storage sheds, tennis courts and swimming pools for single family homes, and uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

(2) Accessory uses are allowed in all yards but the front yard, except as provided in § 188-66D(5).

[Amended 10-9-2012 by Ord. No. 2012-29]

(3) Height limitations. No accessory use, structure or building shall exceed the height limitations for the principal building on the lot, except that one private radio tower may be erected on a lot in a residential zone as an accessory to the principal use with a maximum height of 50 feet or such lower height based on a required setback equal to the height of the tower. Such tower may be either freestanding or attached to the principal building. The tower shall be set back from any street right-of-way a distance equal to the minimum requirement of the principal building.

D. Conditional uses.

[Amended 5-23-2001 by Ord. No. 2001-25; 3-10-2009 by Ord. No. 2009-08; 6-23-2009 by Ord. No. 2009-23]

(1) Boardinghouses and nursing homes.

(a) Nursing homes shall be on a minimum lot size of five acres.

(b) The minimum number of off-street parking spaces for nursing homes shall be 0.33 space per patient/resident.

(c) Boardinghouses are only permitted in the RS District, provided that the operation meets the requirements of the definition of a boardinghouse with no more than two boarders permitted to occupy the boardinghouse at any time, and the owner of the home must also be a resident of the structure.

(d) The minimum lot size for a boardinghouse shall be at least 1.5 acres.

(e) The minimum amount of off-street parking spaces required for a boardinghouse is two for the resident owner and family plus one for each boarding room. These additional spaces for boarders should be located and designed so vehicles can enter and exit each space without requiring any other vehicle to be moved.

(2) Church, nursery school, public/private school and child-care center.[1]

(a) Minimum lot area: two acres.

(b) Minimum lot width: 200 feet.

(c) Minimum lot depth: 200 feet.

(d) Minimum front yard: 100 feet.

(e) Minimum side yard: 50 feet.

(f) Minimum rear yard: 75 feet.

(g) Maximum building height: 35 feet, except for religious symbols affixed to the roof, including steeples, which shall not exceed 20 feet above the highest point on the roof.

(h) Maximum impervious coverage: not to exceed the amount permitted in the Schedule of Requirements for the zone district in which facility is located.[2]

[2] Editor's Note: The schedules are included at the end of this chapter.

[1] Editor's Note: Former Subsection D(2), regarding utility facilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection D(3) through (6) as Subsection D(2) through (5), respectively.

(3) Club pools and accessory recreation areas.

(a) Minimum lot area: six acres.

(b) Minimum lot width: 300 feet.

(c) Minimum front yard: 150 feet.

(d) Minimum side yard: 75 feet.

(e) Minimum rear yard: 75 feet.

(f) Maximum building height: 30 feet.

(g) Maximum impervious coverage: not to exceed the amount permitted in the Schedule of Requirements for the zone district in which the facility is located.[3]

[3] Editor's Note: The schedules are included at the end of this chapter.

(4) Mortuary.

(a) Minimum lot area: three acres.

(b) Minimum lot width: 250 feet.

(c) Minimum front yard: 75 feet.

(d) Minimum side yard: 75 feet.

(e) Minimum rear yard: 100 feet.

(f) Maximum building height: 35 feet.

(g) Maximum impervious coverage: not to exceed the amount permitted in the Schedule of Requirements for the zone district in which the building is located.[4]

[4] Editor's Note: The schedules are included at the end of this chapter.

(5) Planned residential cluster and farmland/open space preservation development option in the RS District, in accordance with the following standards:

(a) Purpose of planned residential cluster and farmland/open space preservation development. In order to preserve open space, farmland and the rural characteristics of the landscape in the RS Zone, the planned residential cluster option, a planned residential form of development, may be used to receive dwelling units transferred from properties elsewhere in the RS District with the preserved land to be dedicated to the Township of Hillsborough or permanently deed-restricted for farmland preservation, open space or public park use.

(b) General conditions for a planned residential cluster development.

[1] Dedication or evidence of a permanent deed restriction for farmland preservation, open space or public use of 70% of the gross tract area, including sending and receiving parcels.

[2] Minimum area of receiving tract: 75 acres.

[3] Maximum density on receiving tract: one dwelling unit per acre. The maximum density shall be calculated by taking the acreage of the receiving tract and dividing that number by the number of proposed dwelling units.

[4] Direct access to a collector or primary local road system.

[5] Maximum permitted gross density of receiving parcel: one dwelling unit per acre, including both the base tract and transfer unit densities.

(c) Permitted principal uses.

[1] Single-family detached residential dwellings.

[2] Farmland and farmstead.

[3] Open space.

(d) Accessory uses.

[1] Community wastewater treatment facility.

[2] As provided in § 188-98C.

(e) Minimum open space requirements for receiving parcel.

[1] In a planned residential cluster development, a minimum of 20% of the receiving parcel shall be set aside for open space.

[2] Twenty-five percent of the 20% required in Subsection E(1)(10)(e)[1] above, or a minimum of 3,500 square feet of open space for each dwelling unit, whichever is greater, shall be set aside in the form of developed parks, greens, commons and/or informal play fields. This open space shall be owned and maintained by a homeowners' association established in conformance with this chapter.

[3] Up to 25% of the total open space in a planned residential cluster development can be set aside as estate lots of 10 acres or greater, so long as these lots may no longer be further subdivided and shall be permanently restricted by a conservation easement.

(f) Area, yard and bulk regulations for single-family detached dwellings served by a community wastewater treatment facility.

[1] Minimum lot requirements.

[a] Lot area: 20,000 square feet.

[b] Lot width at setback: 120 feet.

[c] Lot frontage: 75 feet.

[d] Front yard: 35 feet.

[e] Side yard: 15 feet on one side; 30 feet on garage side.

[f] Rear yard: 50 feet.

[2] Maximum lot requirements.

[a] Building height: 35 feet.

[b] Building coverage: 25%.

[c] Total impervious coverage: 35%.

(g) Design requirements for a planned residential cluster development.

[1] Layout. Planned residential cluster developments may be designed in an interconnected pattern of blocks and streets, defined by buildings, street furniture, pedestrianways and sidewalks.

[2] Greens and commons are to be spatially defined and distributed within the planned residential cluster development. They shall be designed to serve a variety of outdoor leisure and assembly needs of residents and to enhance the form and appearance of the development. Benches are encouraged. Twenty-five percent of the green or common area shall be landscaped with trees and/or shrubs. Landscape design shall be approved by the appropriate land use board.

[3] Streets.

[a] Street patterns shall form a broadly rectilinear network, with variations as needed for topographic, environmental and other design considerations.

[b] Streets shall be designed to:

[i] Parallel and preserve existing fence lines, tree lines, hedgerows, stone walls and watercourses;

[ii] Minimize alteration of natural, cultural or historic site features; and

[iii] Promote pedestrian movement.

[c] In order to calm traffic speeds, the use of T-intersections is encouraged.

[d] All streets shall have public sidewalks. Sidewalks, informal walkways and footpaths shall be no less than four feet wide. Paths in open space shall be constructed using mulch or stone. A planned residential cluster development shall create a completely linked neighborhood of walkways connecting all uses with parks and other open space areas.

[4] Building design.

[a] All properties shall accommodate a garage for automobiles. Garages may be attached or detached. Side-entry garages are more preferable than front-entry garages that front on the street and shall be encouraged. Detached garages shall be set behind the dwelling and shall resemble the principal structure in architecture, including roof peak and color.

[b] Covered front porches shall be encouraged.

[c] A diversity of housing styles shall be encouraged to avoid the same models being next door or directly across the street from one another.

[5] Community wastewater treatment facility (CWTF).

[a] The CWTF shall be located within the development while providing efficient functionality. The property on which the CWTF is located shall be owned and maintained by the homeowners' or condominium association established for the development.

[b] The CWTF property shall be adequately landscaped, bermed and/or fenced to conceal the CWTF and appurtenances to the extent possible and shall contribute to noise reduction.

[c] The CWTF mechanical equipment shall be housed in a building that shall be aesthetically pleasing and shall blend with the architecture of the surrounding properties.

E. Densities, lot size, bulk, setbacks, height and dwelling unit mix.

(1) The maximum standards shall be as outlined in the schedule at the end of this chapter.

(2) Any area used for preexisting public streets and any area proposed for commercial uses under the planned development provisions shall be excluded from the acreage uses in calculating the number of permitted dwelling units.

(3) Transfer of development credits. The development density on any parcel in the RS, R1, R2, CR and PD Districts may be increased as outlined in the schedule by transferring credit from other lot(s) in the Township. This increased density on the receiving lot can be accommodated in accordance with all the standards of this chapter. The increased number of units permitted and the procedures to be followed in processing an application for any proposed transfer of development credits shall be as set forth in § 188-93, Transfer of development credits, in Article IV.

F. Minimum open space.

(1) Any lot on which cluster development or planned unit residential development is proposed and in which detached single-family dwellings, patio homes and duplexes are proposed and where the development has less than 30% of the dwelling units comprised of other housing types, a minimum of 20% of the tract shall be set aside as common property and/or offered to the Township for public purpose(s).

(2) In any lot on which cluster or planned unit development design is proposed and in which multiplexes, townhouses, atrium houses and/or apartments comprise more than 30% of the dwelling units, a minimum of 40% of the tract shall be set aside as common property and/or offered to the Township for public purpose.

(3) All open spaces, whether common property or offered to the Township, and all land offered to the Township shall be usable for their intended purpose(s) and have public street, pedestrian and bikeway access from at least two directions, with appropriate parking facilities, on- or off-site and be located to conform to an overall plan for open spaces, floodplain preservation, recreation areas and public uses or adjoining tracts, where such plans exist.

G. In the event of a partial or total destruction of a single-family dwelling, to the extent that the dwelling is uninhabitable, by resolution of the Township Committee, the Zoning Officer may issue a zoning permit allowing the temporary use of the mobile home on the affected lot for a period not to exceed eight months. Placement of the mobile home will be subject to inspection and approval by the Chief Construction Official. The Township Committee, by separate resolution, may extend such temporary use for one additional six-month period.

H. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as the proposed improvements to the off-site road infrastructure are completed as provided in the Master Plan or until such time as the Township Engineer and the Planning Board by majority vote certify to the Township Committee that then-current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the area to be developed as compared to the district as a whole. Funds in the escrow account shall be expended by the Township for their intended purpose within five years of deposit or shall be returned with interest to the developer.

I. Additional requirements for the R8A District.

[Added 4-28-2020 by Ord. No. 2020-08]

(1) The affordable housing obligation for the R8A District is 88 units, which shall be provided in accordance with the settlement agreement dated October 15, 2019, between Hillsborough Township and M&M Realty Partners, LLC.

(2) The total number of dwelling units constructed in the R8A District shall not exceed 380.

(3) In addition to the accessory uses permitted in § 188-98C, clubhouses, swimming pools, tennis or other sport courts, sitting or picnic areas, walking, cycling or exercise trails and other appropriate active and passive recreational facilities are permitted. Accessory structures shall not exceed 15 feet in height with the following exceptions: cabanas shall not exceed 20 feet in height; a community clubhouse shall comply with the bulk standards for a detached single-family house.

(4) Fences are limited to six feet in height in side and rear yards and four feet in front yards. Solid fences are prohibited in the front yard. Fences shall not be located in any required sight triangle.

(5) The regular and customary maintenance of vegetation and facilities within any required conservation areas including but not limited to flood hazard areas, watercourses, water bodies, stream corridors, wetland areas, wetland buffer areas, and detention basins, shall be conducted by a private association. Maintenance activities include but are not limited to: lawn maintenance; planting and mulching of landscape beds; tree maintenance; removal of dead or diseased trees or limbs; removal of invasive plant species; pond and stormwater facility maintenance; cleaning, improvement, and protection of drainage systems; site stabilization measures; and similar improvements to keep the conservation areas appropriately clean and maintained. All maintenance activities located within designated conservation areas shall be subject to and comply with NJDEP and DRCC rules, regulations and restrictions.

(6) Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83G, unless otherwise noted below:

(a) There shall be a consistent sign design theme throughout the district related to style of lettering, construction material, size proportion, and lighting.

(b) A comprehensive signage plan shall be provided covering overall project identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions.

(c) The district may have one permanent project/entry sign on each of the following roads: Sunnymeade, Hamilton, and Falcon Roads, with a maximum area of 20 square feet each and not exceeding four feet in height. The signs shall not be located in any sight triangles nor closer than 20 feet from a public right-of-way.

(7) Any phasing of the project shall be subject to approval of a phasing plan by the applicable Board.

§ 188-99 (Reserved) [1]

[1] Editor's Note: Former § 188-99, Senior Citizen Housing Council, added 12-8-1992 by Ord. No. 92-25, was repealed 3-13-2012 by Ord. No. 2012-06.

§ 188-99.1 RC Retirement Community District.

[Added 12-18-2002 by Ord. No. 2002-46]

A. Residency restrictions. Residency in the RC-Retirement Community District shall be restricted by bylaws, rules, regulations and restrictions of record to use by permanent residents 55 years of age or older with the following exceptions:

(1) A husband or wife under the age of 55 years who is residing with his/her spouse who is 55 years of age or over.

(2) Unemancipated children 19 years old or over residing with their parents or parent where one of the parents with whom the child or children are residing is 55 years of age or over.

(3) One adult under 55 years of age will be admitted as a permanent resident if it is established that the presence of such person is essential to the physical care of one of the adult occupants who shall be 55 years of age or over.

B. Permitted principal uses in the RC-Retirement Community District.

(1) Permitted uses. Permitted uses in the RC Retirement Community District may include uses permitted under Subsection B(1)(a) or (b):

(a) Detached single-family residential dwellings and/or duplex residential dwellings as per Subsection D and recreational and community facilities. "Duplex residential dwellings" shall be defined as a building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

(b) Townhouses and multifamily as per Subsection E and recreational and community facilities.

(c) Recreational or community facilities for the collective use of the residents and their guests may include, but shall not be limited to, the following: swimming pools, tennis or other sport courts, clubhouses, sitting or picnic areas, walking, cycling or exercise trails and other appropriate active and passive recreational facilities.

(d) The number of units by type shall be provided within the following minimum and maximum percentages of total units:

		Minimum Percent of Total Units	Maximum Percent of Total Units
	Detached single-family dwellings	15%	20%
	Duplex residential dwellings	30%	35%
	Townhouses	20%	30%
	Multifamily for sale or rental unit buildings	20%	30%

(2) Permitted accessory structures.

(a) Storage sheds for single-family detached homes and uses customarily associated with the above uses, provided that such accessory uses are subordinate to the a principal use, do not change the character of the principal uses and serve only the principal uses.

(b) Decks, patios, porches, fences, retaining walls and off-street parking spaces.[1]

[1] Editor's Note: Former Subsection B(2)(b), regarding utility facilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection B(2)(c) as Subsection B(2)(b).

C. Dimensional requirements for the RC-Retirement Community District. The minimum and maximum dimensional requirements for the overall tract shall be in accordance with the following schedule:

(1) Minimum tract size: 50 acres.¹

(2) Maximum tract density: 3.5 units per acre.

(3) Maximum number of units in tract: 185.

(4) Minimum number of low- and moderate-income unit: 27.

(5) Minimum tract perimeter buffers.

(a) Adjacent to any municipal boundary:

[1] Single-family or duplex dwelling: 25 feet.

[2] Townhouses or multifamily: 50 feet.

(b) All other tract boundaries: 25 feet.

NOTES: 1Such minimum tract shall not apply to the subdivision of land within the tract for the purpose of conveyance of land or for the purpose of constructing, managing or financing.

D. Dimensional requirements for the detached single-family residential dwellings and duplex residential dwellings. The minimum and maximum dimensional requirements for the detached single-family residential dwellings and the duplex residential dwellings shall be in accordance with the following schedule:

			Detached Single-Family Residential Dwellings	Duplex Residential Dwellings
	Minimum lot size		5,000 square feet	3,500 square feet
	Minimum lot width1		50 feet	35 feet
	Minimum lot depth		100 feet	100 feet
	Minimum yard setback: principal building
		Front	20 feet	20 feet
		Side, one	5 feet	5 feet
		Side, other2	5 feet	5 feet
		Rear	20 feet	20 feet
	Minimum yard setback: accessory structure3
		Side, one	5 feet	0 feet4
		Side, other	5 feet	5 feet
		Rear	5 feet	5 feet
	Maximum building coverage		45%	55%
	Maximum impervious coverage		60%	70%
	Maximum permitted height: principal building
		Stories	2 1/2	2 1/2
		Feet	35	35
	Maximum permitted height: accessory structure
		Stories	1	1
		Feet	10	10
	Minimum parking requirements
		2-bedroom5	1.5/unit	1.5/unit
		3-bedroom	2.0/unit	2.0/unit

	NOTES:
	1 The lot width shall be measured at the required front yard setback. The minimum lot width may be reduced by up to 25% for lots fronting on culs-de-sac and curved roads.
	2 Where a side yard setback is provided, no principal structure on one lot shall be located closer than 10 feet to a principal structure on the adjacent lot. No accessory structure shall be located closer than 10 feet to a principal structure on an adjacent lot or closer than five feet to an accessory structure on an adjacent lot.
	3 No accessory structures shall be permitted in the front yard. No accessory structures shall be located closer than five feet to the principal building.
	4 One side yard setback for an accessory structure may be zero feet; however, such a setback may only be provided where the principal building has a zero feet side yard setback. Where a setback is provided, a minimum of five feet shall be required.
	5 Pursuant to RSIS requirements as of the date of adoption of this section, one of the required parking spaces may be provided in a driveway, provided the driveway has minimum dimensions of 20 feet in depth and 10 feet in width.

E. Dimensional requirements for townhouses and multifamily for sale or rental units buildings.

		Townhouses	Multifamily For Sale or Rental Units Buildings
	Maximum number of units per building	6 units	22 units
	Maximum length of building	200 feet	200 feet
	Maximum setback of buildings to internal streets1	18 feet	15 feet
	Minimum setback of buildings to off-street parking areas	10 feet	10 feet
	Minimum distance between buildings on the lot2	20 feet	40 feet
	Maximum permitted height
	Principal buildings:
	Stories	2 1/2	3
	Feet	35	45
	Accessory buildings:
	Stories	1 story	1 story
	Feet	10 feet	10 feet
	Minimum width of internal streets2	25 feet	25 feet
	Minimum required parking:3
	1-bedroom	1.8 spaces	1.8 spaces
	2-bedroom	2.3 spaces	2.0 spaces
	3-bedroom	2.4 spaces	2.1 spaces

	NOTES:
	1. For townhouses, setbacks for buildings and measurement of driveway and parking spaces shall be measured to the edge of paving for all internal streets. Parking spaces for driveways shall be measured from the internal edge of any sidewalk.
	2. For internal streets which provide on-street parallel parking spaces, the following shall apply: for parking on one side of the street, a minimum cartway width of 28 feet shall be provided; for parking on both sides of the street, a minimum cartway width of 30 feet shall be provided. The minimum length of such on-street parking space shall be 24 feet.
	3. Pursuant to RSIS requirements as of the date of adoption of this section, one parking space in the driveway in front of an enclosed garage shall be counted towards the minimum parking requirement, provided a space is a minimum of 20 feet deep by 10 feet wide.

F. Affordable housing requirements.

(1) A set-aside of 27 affordable housing units shall be provided for low-and moderate-income families as defined in accordance with the regulations promulgated by the Council on Affordable Housing (COAH).

(2) Not more than seven of the affordable units shall be included in the multifamily for sale or rental unit buildings, and not less than seven of the affordable units shall be included in the townhouse or duplex residential dwellings interspersed throughout the project.

(3) The affordable housing units so provided shall be consistent with COAH substantive rules (N.J.A.C. 5-93.1 et seq.) with respect to affordability ranges and bedroom mix.

G. Open space, recreational and drainage requirements

(1) No less than 40% (excluding existing and proposed road rights-of-way) shall be devoted to conservation, open space, drainage and/or recreational purposes, which space may include one-hundred-year-flood hazard areas and delineated freshwater wetland areas and wetland buffer areas and detention basins. Individual residential lots or portions thereof shall not be construed as common open space. Such designated common open space shall be in major contiguous parcels and shall be interconnected with common open space areas upon abutting parcels having adequate access to the public and/or private roads and consisting of land developed for specific recreational and drainage purposes. Open space, recreational and drainage areas for purposes of this calculation shall not include, among other things, courtyards and cul-de-sac islands.

(2) The design and use of common open space areas shall protect the natural resources and qualities of the site, including the natural terrain, woodlands, significant views and any unique or unusual features. Open space, recreational and drainage areas other than that preserved for its natural values shall be suitably landscaped. All structures within open space areas shall be sited so as to retain their visual appeal. Grading, planting, walkways, fencing, lighting and such other improvements may be provided in the open spaces, recreational and drainage areas as may be necessary to enhance the intended open space, drainage and recreational uses.

(3) Within common open space areas, site preparation improvements, including the following, may be required: preservation and/or relocation of existing trees; removal of dead or diseased trees; thinning of trees or other growth to encourage more desirable growth; removal of trees in areas planned for ponds, lakes or active recreational facilities; grading and seeding; improvement or protection of the natural drainage system with the use of the protective structures, stabilization measures and similar improvement and landscaping of ponds and lakes to afford appropriate use and enjoyment by the residents; and generally cleaning up the site by removing trash, debris and any hazardous materials.

(4) Fencing requirements. Fencing may be provided on the perimeter of the tract, or within the tract, provided the fencing is of an architecturally compatible design and consistent throughout the tract. No fence shall exceed a height of four feet above grade except in such instances where such fencing separates patios or decks or adjacent duplex residential units or townhouse units wherein a fence of six feet in height may be provided.

§ 188-99.2 ARPDG Age Restricted Planned Development Gateway District.

[Added 12-18-2002 by Ord. No. 2002-45]

A. ARPDG permitted. There is hereby permitted and authorized the establishment of a planned ARPDG for Block 141, Lots 2.01, 7.01, 30 and a portion of 31.02 and Block 140, Lot 1, and as shown on Exhibit C to the settlement agreement described below and same shall be an amendment to the Official Zoning Map of the Township of Hillsborough, County of Somerset, State of New Jersey, and as herein defined, in accordance with the provisions and requirements of this section. The provisions of this section shall only apply to the ARPDG and further encompass all conditions as set forth in the settlement agreement of P.E.C. Builders, Inc., and SKP Lands, Inc., vs. Township of Hillsborough, et al, Docket No. HNT-L-411-98 as approved by the Honorable Roger F. Mahon, J.S.C.

B. Residency restrictions. Residency in the ARPDG Age Restricted Planned Development Gateway District shall be restricted by bylaws, rules, regulations and restrictions of records to use by permanent residents 55 years of age or older with the following exceptions:

(1) A husband or wife under the age of 55 years who is residing with his/her spouse who is 55 years of age or over.

(2) Unemancipated children 19 years old or over residing with their parents or parent where one of the parents with whom the child or children are residing is 55 years of age or over.

(3) One adult under 55 years of age will be admitted as a permanent resident if it is established that the presence of such person is essential to the physical care of one of the adult occupants who shall be 55 years of age or over.

C. Permitted principal uses in the ARPDG Age Restricted Planned Development Gateway District.

(1) Permitted uses. Permitted uses in the ARPDG Age Restricted Planned Development Gateway District are as follows:

(a) Detached single-family, duplex and triplex resident dwellings as per Subsection E and recreational and community facilities. "Duplex residential dwellings" shall be defined as a building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof. "Triplex residential dwellings" shall be defined as a building containing three single-family dwellings units totally separated one from the other by unpierced walls extending from ground to roof.

(b) Townhouses and multifamily dwelling units as per Subsection F and recreational and community facilities.

(c) Recreational or community facilities for the collective use of the residents and their guests may include, but shall not be limited to, the following: swimming pools, tennis or other sport courts, clubhouses, sitting or picnic areas, walking, cycling or exercise trails and other appropriate active and passive recreational facilities.

(d) The number of units by type shall be provided within the following minimum and maximum percentages of total units:

		Minimum Percent of Total Units	Maximum Percent of Total Units
	Detached single-family dwellings	40%	75%
	Duplex and triplex residential dwellings	0%	35%
	Townhouses	0%	30%
	Multifamily dwelling units for sale or rental	25%	50%

(e) Affordable units shall be proportionally distributed among the multifamily buildings.

(2) Permitted accessory structures.

(a) Storage sheds for single-family detached homes and uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

(b) Storage and maintenance facilities are to be utilized by the residents and its homeowners' association for the purpose of proper maintenance of the community. Additional storage and maintenance facilities are to be utilized by the owner of the multifamily dwelling units for the purpose of proper maintenance of that portion of the community.

[Amended 3-28-2017 by Ord. No. 2017-02]

(c) Decks, patios, porches, fences, retaining walls and off-street parking spaces.

D. Dimensional requirements for the ARPDG Age-Restricted Planned Development Gateway District. The minimum and maximum dimensional requirements for the overall tract shall be in accordance with the following schedule. For purposes of this section, a "tract" shall be defined as an area of land comprised of one or more lots adjacent to one another having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by existing street(s) and still be considered one tract, provided that the frontages on both sides of the street are opposite one another for a sufficient distance to enable a convenient, safe street system from one side to the other. The land area of the existing streets shall not be included in calculating the area of the tract.

(1) Minimum tract size: 190 acres.

(2) Maximum tract density: 3.67 units per acre.

(3) Maximum number of units in tract: 698.

(4) Minimum number of low- and moderate-income units: 15% of approved number of units for the project and in any event no less than 58 units.

(5) Minimum tract perimeter buffer: 25 feet.

E. Dimensional requirements for the detached single-family, duplex and triplex residential dwellings. The minimum and maximum dimensional requirements for the detached single-family, the duplex and triplex residential dwellings shall be in accordance with the following schedule:

		Detached Single-Family Residential Dwellings (per unit)	Duplex Residential Dwellings (per unit)	Triplex Residential Dwellings (per unit)
	Minimum lot size	4,500 square feet	3,500 square feet	2,500 square feet
	Minimum lot width1	45 feet	35 feet	25 feet
	Minimum lot depth	90 feet	90 feet	90 feet
	Minimum yard setback: principal building
	Front2	20 feet	20 feet	20 feet
	Side, one	5 feet	0 feet	0 feet
	Side, other3	5 feet	5/0 feet (interior)	5/0 feet (interior)
	Rear	15 feet	15 feet	15 feet
	Minimum yard setback: accessory structure4
	Side, one	5 feet	0 feet5	0 feet
	Side other	5 feet	5 feet	5 feet
	Rear	5 feet	5 feet	5 feet
	Maximum building coverage	50%	55%	55%/60% int.
	Maximum impervious coverage	65%	70%	70%
	Maximum permitted height: principal building
	Stories	2 1/2	2 1/2	2 1/2
	Feet	35	35	35
	Maximum permitted height: accessory structure
	Stories	1	1	1
	Feet	10	10	10
	Minimum parking requirements (see RSIS/N.J.A.C. 5:91-4.14 et. seq.)
	2-bedroom	1.5/unit	1.5/unit	1.5/unit
	3-bedroom	2.0/unit	2.0/unit	2.0/unit

F. Dimensional requirements for townhouses and multifamily for sale or rental units buildings

		Townhouses	Multifamily For Sale or Rental Units Building
	Maximum number of units per building	6 units	80 units
	Maximum length of building	200 feet	275 feet on any one plane
	Minimum setback of buildings to internal streets6	18 feet	50 feet
	Minimum setback of buildings to off-street parking areas	10 feet	10 feet
	Minimum distance between buildings on the lot	20 feet	40 feet except for side to side, 15 feet or 1/2 combined height of adjacent buildings, whichever the greater
	Maximum permitted height:
	Principal buildings:
	Stories	2 1/2	3
	Feet	35	457
	Permitted accessory structure8
	Stories	1	1
	Feet	10	10
	Maximum width of internal streets9	25 feet	25 feet
	Minimum required parking (see RSIS/N.J.A.C. 5:91-4.14 et seq.10
	1-bedroom	1.8 spaces	1.8 spaces
	2-bedroom	2.3 spaces	2.0 spaces
	3-bedroom or more	2.4 spaces	2.1 spaces

	NOTES (for Subsections E and F):
	1 The lot width shall be measured at the required front yard setback. The minimum lot width may be reduced by up to 25% for lots fronting on culs-de-sac and curved roads.
	2 Front yard: 20 feet from curb face and further provided that no driveway shall be less than 20 feet in length, measured from the garage door to the closest edge of the sidewalk or curb, whichever is closer.
	3 Where a side yard setback is provided, no principal structure on one lot shall be located closer than 10 feet to a principal structure on the adjacent lot. No accessory structure shall be located closer than 10 feet to a principal structure on an adjacent lot or closer than five feet to an accessory structure on an adjacent lot.
	4 No accessory structures shall be permitted in the front yard. No accessory structures shall be located closer than five feet to the principal building.
	5 One side yard setback for an accessory structure may be zero feet; however, such a setback may only be provided where the principal building has a zero feet side yard setback. Where a setback is provided, a minimum of five feet shall be required.
	6 For townhouses, setbacks for buildings and measurements of driveway and parking spaces shall be measured from the closest point of the building to the closest edge of the sidewalk or curb, whichever is closer, along all internal streets. Parking spaces for driveways shall be measured from the closest internal edge of the sidewalk or curb, whichever is closest.
	7 Height may be increased to not more than 50 feet if necessary to achieve a minimum roof pitch of six feet vertical for every 12 feet horizontal.
	8 Not to exceed 20 feet for the maintenance garage for the project.
	9 Not to exceed twenty (20) feet for the maintenance garage for the project.
	10 For internal streets which provide on-street parallel parking spaces, the following shall apply: for parking on one side of the street, a minimum cartway width of 28 feet shall be provided; for parking on both sides of the street, a minimum cartway width of 30 feet shall be provided. The minimum length of such on-street parking space shall be 24 feet.

G. Affordable housing requirements. A set-aside of 15% of the total units approved shall be provided for low- and moderate-income families as defined in accordance with the regulations promulgated by the New Jersey Council on Affordable Housing (COAH); however, in no event shall less than 58 affordable units be provided. The affordable housing units so provided shall be consistent with COAH's substantive rules (N.J.A.C. 5-93.1 et seq.) effective at the time of the issuance of the judgment of repose with respect to affordability ranges and bedroom mix. All low- and moderate-income units above the required minimum of 58 shall also be placed under affordability controls as specified in this subsection.

H. Open space, recreational and drainage requirements.

(1) No less than 40% of the tract (excluding existing and proposed road rights-of-way) shall be devoted to conservation, open space, drainage and/or recreational purposes, which space shall include one-hundred-year-flood hazard areas and delineated freshwater wetland areas and wetland buffer areas, detention basins and Delaware and Raritan Canal Commission stream corridor buffer areas. Individual single-family, duplex and triplex residential lots or portions thereof shall not be construed as conservation, open space, drainage and/or recreational purposes. Open space, recreational and drainage areas for purposes of this calculation shall not include courtyards and cul-de-sac islands.

(2) The design and use of open space areas shall protect the natural resources and qualities of the site, including the natural terrain, woodlands, significant views and any unique or unusual features. Open space, recreational and drainage areas other than that preserved for their natural values shall be suitably landscaped. All structures within open space, recreational and drainage areas shall be sited so as to retain their visual appeal. Grading, drainage, planting, walkways, fencing, lighting and such other improvements may be provided in the open spaces, recreational and drainage areas as may be necessary to enhance the intended open space, drainage and recreational uses.

(3) Within open space, recreational and drainage areas, site preparation improvements, including the following, may be required: preservation of existing trees; removal of dead or diseased trees; thinning of trees or other growth to encourage more desirable growth; removal of trees in areas planned for ponds, lakes or active recreational facilities; grading and seeding; improvement or protection of the natural drainage system with the use of protective structures, stabilization measures and similar improvement; improvement and landscaping of ponds and lakes to afford appropriate use and enjoyment by the residents; and generally cleaning up the site by removing trash, debris and any hazardous materials.

(4) Fencing requirements. Fencing may be provided on the perimeter of the tract, or within the tract, provided the fencing is of an architecturally compatible design and consistent throughout the tract. No fence shall exceed a height of four feet above grade except in such instances where such fencing separates patios or decks or adjacent duplex residential units or townhouse units wherein a fence of six feet in height may be provided.

I. General development plan for ARPDG District. The following subsection shall apply in the event of the filing of a GDP application:

(1) General development plan; duration.

(a) The general development plan shall set forth the permitted number of dwelling units, the residential density and support facilities, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.

(b) The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection I(2) of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the development. Upon the expiration of the initial term and for good cause, the Planning Board may grant extensions of the term up to the maximum term permitted by N.J.S.A. 40:55D-49.

(c) In making its determination regarding the duration of the effect of approval of the general development plan, the Planning Board shall consider the number of dwelling units, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.

(2) Contents of a general development plan applications. A general development plan application shall include such information as is reasonably necessary to disclose the following:

(a) The location and size of the site and the nature of the landowner's interest in the land to be developed;

(b) A general land use plan indicating the tract area and general locations of the land uses to be included in the development. The total amount of support adult resident facilities to be provided shall be set forth. The density of the entire development shall be set forth;

(c) A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned development and any proposed improvements to the existing transportation system outside the planned development;

(d) An open space plan showing the proposed land area and general location of parks and any other land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a statement of the operation and maintenance of parks and recreational lands;

(e) A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities;

(f) A general stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site;

(g) A housing plan outlining the number units to be provided;

(h) A site service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal;

(i) A community facility plan indicating the impact of the project on community facilities such as, but not limited to, cultural facilities, libraries, emergency medical, fire and police protection; and

(j) A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety; and

(3) General development plan approval procedure.

(a) A developer seeking approval of a planned active adult village development may submit a general development plan to the Planning Board prior to the granting of preliminary approval of the development or a section of the development by the Planning Board.

(b) The Planning Board shall grant or deny the general development plan within 95 days after submission of a complete application to the administrative officer, or within such further time as may be consented by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute general development plan approval of the planned development.

(4) General development plan; timing schedule; modification. In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approvals of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and the region, and the availability and capacity of public facilities to accommodate the proposed development.

(5) General development plan hearing on modifications required.

(a) Except as provided hereunder, the developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.

(b) Any variation in the location of land uses or increase in density or floor area ratio proposed in reaction to a negative decision of or condition of development approvals imposed by the Department of Environmental Protection pursuant to P.L. 1973, c. 185 (N.J.S.A. 13:19-1 et seq.) shall be approved by the Planning Board if the developer can demonstrate to the satisfaction of the Planning Board that the variation being proposed is a direct result of such determination by the Department of Environmental Protection.

(6) General development plan on modification not required.

(a) Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer and approved by the Planning Board.

(b) A developer, without violating the terms of the approval pursuant to this act, may, in undertaking any section of the planned development, reduce the number of residential units by no more than 15% or reduce the residential density by no more 15% in any section and increase the number of residential units by no more than 15% or increase the residential density by no more than 15% in a subsequent section or sections, provided the resulting total number of residential units and provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et al.) without prior municipal approval.

J. Other requirements and/or exemptions.

(1) Clubhouse: facility or facilities providing pool, tennis and other activities, including game rooms and general multipurpose space. A minimum of 10 square feet of floor area per dwelling unit shall be provided.

(2) Minimum grading standard for lawn/landscaped area: 1 to 1.5%.

(3) Shade trees: minimum of 2 1/2 inches caliber dbh.

(4) Landscaping maintenance guarantee: two year guarantee for trees to begin at time of CO, or the same guarantee with all trees to be planted in the appropriate planting season prior to acceptance of the project.

(5) Applicable schedule for residential zone footnotes: only Footnotes 2, 3, 7 and 8 of the schedule for residential zones shall apply.

(6) The developer shall adhere to the following requirements of § 160-5 (Environmental Impact Statement) as directed by the court-ordered settlement and adherence to N.J.A.C. 5:93-10. The following shall be provided:

(a) The location of the project and a description of the project, specifying what is to be carried out, including:

[1] Reason for the project.

[2] Parks, recreational sites, wildlife refuges and historic sites, mapped and described.

[3] Existing land use, zoning and Master Plan delineation of project, mapped and described.

(b) An inventory of existing environmental conditions at the project site which shall describe contours, air quality, water quality, water supply, hydrology, geology, soils, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics and history. Wildlife data may be as outlined by the New Jersey Landscape Project through the Endangered and Nongame Species Program of the New Jersey Department of Environmental Protection.

(c) A listing of all licenses, permits or other approvals required by municipal, county or state law and the status of each.

(d) A description of the steps to be taken during and after construction, at the project site, to minimize the adverse environmental effects.

(e) A reference list of pertinent published information relating to the project site.

(f) Particular data is required as to:

[1] Sewerage facilities. Applicant must show:

[a] Compliance with state and local health regulations.

[2] Water supply. Applicant must show:

[a] Compliance with state and local regulations.

[3] Drainage. Applicant must show:

[a] Volume of stormwater runoff now existing from the site and volume to be generated by new improvements.

[b] Any increase in rate of velocity of runoff and change in drainage patterns. Plans for disposition of stormwater, whether by retention on site or by means of channeling so as to protect downstream property.

[c] Floodplains description of potential flood conditions or damages, including a summary of flood stages from state and federal sources.

[d] Submission of an erosion and sedimentation control plan reviewed by the local Soil Conservation District.

[4] Solid waste disposal. Applicant must submit a plan for disposal.

(7) The developer shall adhere to the requirements of Article IX, Tree Preservation, with the following substitutions as directed by the court-ordered settlement and adherence to N.J.A.C. 5:93-10:

(a) Definitions:

TREE

A woody plant having one or more self-supporting stems or trunks.

CALIPER

The diameter of a trunk measured at a point two inches above the collar.

CRITICAL FOOTPRINT AREA

Shall not be applicable.

(b) Applicability: Shall not be applicable to this agreement.

(c) Exemptions. The following activities are exempt from the provisions of the article:

[1] Removal of trees in areas of proposed buildings, roads, parking lots and detention basins and within 20 feet of such improvements.

(d) A tree removal and landscaping plan shall be submitted to the Board for its review and approval.

(e) The location and species of all trees with a diameter at breast height of six inches or greater to be removed on a surveyed drawing.

(f) The location and species of each tree within the dripline of each tree to be removed.

(g) The quality, quantity and limits of vegetation on the remainder of the site and within 200 feet of the property line.

(h) The location of existing and proposed buildings, including parking areas, detention basins and other stormwater facilities.

(i) Existing contours and proposed grading.

(j) Proposed preservation methods of trees to remain.

(k) The location of replacement trees, including a replacement schedule indicating species, quantities and size in accordance with Subsection J(7)(l) below.

(l) Mitigation. The landscaping plan shall adhere to the following:

[1] Replacement trees shall be required at rate of one per two. For every two trees removed, one shall be replaced.

[2] Replacement species. Trees shall be replaced with the same species. In the case where the species is known to be disease-prone or is otherwise not ecologically or aesthetically appropriate, other species shall be permitted.

[3] Planting standards. All replacement trees by nursery growth, certified and guaranteed and deciduous trees shall have a minimum caliper 2.5 inches or the industry standard equivalent for the species if ornamental. Coniferous trees shall have an average height of seven feet at the time of planting. All trees shall be balled and burlapped and planted as per Township of Hillsborough standards.

§ 188-99.3 Agricultural District.

[Added 12-30-2002 by Ord. No. 2002-48; amended 9-9-2003 by Ord. No. 2003-14]

A. Purposes. The purposes of the Agricultural District are to:

(1) Encourage land use patterns and development practices which enhance Township, county and state efforts to retain farmland and protect and preserve agricultural activity within the Township.

(2) Protect the substantial public investments in farmland preservation by limiting the extent of nonfarm development in the Agricultural District.

(3) Promote the continuation of farming in the Agricultural District as a valuable component of the local economy.

(4) Protect prime soils, soils of statewide importance and soils of local importance for their long-term value as an essential natural resource in any agricultural or horticultural pursuit.

(5) Permit limited nonfarm residential development in a manner and at locations that will be consistent with the continuation of farming.

(6) Support the preservation of existing farm operations and limit conflicts between agricultural and nonagricultural uses by encouraging the separation of residential development from active farms.

(7) Impose lot suitability requirements upon residential lots in order to accommodate individual well and septic disposal systems, which are required in the Agricultural District.

(8) Advance the goals of the Master Plan for the Agricultural District by protecting agricultural lands and promoting agriculture as a valuable component of the local economy.

B. Permitted principal uses:

(1) Agricultural uses and farms, provided that:

(a) The keeping or raising of swine shall not be allowed except as part of a general farming operation on a property of not less than 25 acres. No more than 100 swine shall be kept on any property.

(b) No building, fenced run or other enclosure for the shelter of swine shall be closer to any property line or zone boundary than 200 feet.

(c) No building erected entirely or partially for the storage of hay or other flammable material shall be closer than 100 feet to any property line.

(d) No building for the shelter of fowl or farm livestock, other than swine, shall be closer to any side or rear property line or residential zone boundary than 100 feet.

(2) Detached, single-family dwellings.

(3) Public parks.

(4) Farm-based businesses.

C. Accessory uses:

(1) Off-street parking and loading.

(2) Farm stands located on a farm and conforming to the following requirements:

(a) The sale of manufactured, processed or refined food product or products packaged off site shall not be permitted, except for:

[1] Live plant material which has been packaged on site or off site, in planters, pots or other means of containment for ease of transporting the products; or

[2] Food products where the agricultural products are grown on site or on the farm management unit.

(b) The sale of manufactured, processed or refined nonfood products, chemical fertilizers and sprays, equipment and similar items shall not be permitted.

(c) The farm stand shall not exceed 2,000 square feet in size.

(d) Outside sales or display areas for the display of produce, live plant material and other products grown or otherwise produced on the farm management unit shall not exceed the building coverage of the farm stand, and shall be subject to the same setback and parking requirements of the farm stand.

(e) Access shall be controlled, and driveways shall not exceed 30 feet in width.

(f) An adequate, nonpaved parking area shall be provided. Parking shall be provided at a minimum ratio of one space for every 200 square feet of gross floor area of farm stand and associated permitted outside sale or display area, but in no case shall there be fewer than three parking spaces for any farm stand.

(g) One unlighted nonseasonal sign, no larger than 15 square feet shall be permitted; a freestanding sign shall not exceed eight feet in height and shall be located at least 10 feet from the street line. Seasonal agricultural signs shall be permitted totaling 20 square feet, not exceeding two signs per lot frontage along each street.

(h) Minor site plan approval by the Planning Board shall be required for a permanent farm stand that exceeds 250 square feet; otherwise a zoning permit is required.

(i) Farm stands existing as of September 9, 2003 shall be exempt from the requirements of Subsection C(2)(a) through (h) above.

(3) Agricultural uses and farms, provided that:

(a) The keeping or raising of swine shall not be allowed except as part of a general farming operation on a property of not less than 25 acres. No more than 100 swine shall be kept on any property.

(b) No building, fenced run or other enclosure for the shelter of swine shall be closer to any property line or zone boundary than 200 feet.

(c) No building erected entirely or partially for the storage of hay or other flammable material shall be closer than 100 feet to any property line.

(d) No building for the shelter of fowl or farm livestock, other than swine, shall be closer to any side or rear property line or residential zone boundary than 100 feet, except that no range shelter or other building used to house a backyard flock shall be closer to any side or rear property line than 50 feet.

(4) Garages, storage sheds, tennis courts and swimming pools for single-family homes, and uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

(5) Home occupations. (See § 188-54.)

D. Conditional uses:

(1) Veterinary hospitals.

(2) Churches, nursery schools, public and private schools and child-care centers.

(3) Club pools and recreation areas.[1]

[1] Editor's Note: Former Subsection D(3), regarding utility facilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection D(4) through (7) as Subsection D(3) through (6), respectively.

(4) Volunteer fire companies and first-aid or rescue squads.

(5) Horse boarding stables.

(6) Farm labor housing facilities for farm workers employed on the farm where such housing facilities are located, provided that:

(a) The minimum size of the farm shall be 15 acres.

(b) Such housing facilities shall only be occupied during the period of time when workers are engaged in agricultural activities.

(c) Such facilities shall comply with all existing statutes, law, rules and regulations of the federal government and State of New Jersey concerning farm labor housing.

(d) Such facilities shall comply with all applicable rules and regulations governing provision of water supply and sanitary waste disposal facilities.

(e) Such housing shall be set back at least 100 feet from any public street and at least 100 feet from any property line.

(f) Such facilities shall be removed upon the permanent cessation of any farm operation.

E. Area, yard and bulk regulations.

	Minimum Lot			Minimum Yard			Maximum
Permitted and Accessory Uses	Area1 (acres)	Width (feet)	Depth (feet)	Front (feet)	Side (feet)	Rear (feet)	Height (feet)	Total Ratio Impervious
Agricultural use and farm	5	300	300	NA	NA	NA	60	8%
Detached	102	400	400	150	75	75	35	8%
Single-family dwelling	23	150	250	75	50	50	35	12%
Farm-based business	50	300	300	150	100	100	60	8%
Farm stand	5	300	300	25	50	50	35	8%
Conditional uses
Vet hospital	5	300	300	100	100	100	20	8%
Firehouse, church, school, nursery school, first aid, child-care	2	200	200	100	50	100	30	12%
Farm labor housing	15	300	300	75	50	60	35	8%
Utility facilities	2	200	200	100	50	50	20	12%
Club pools, horse boarding stable	10	400	400	150	75	75	35	8%
Notes:
1All residential lots shall meet "lot suitability" requirements as defined in § 188-3
2For conventional subdivisions
3For lot-size averaging or open lands subdivisions.

F. Buffers.

(1) Any open lands lot created by a subdivision pursuant to § 188-99.3G(2)(b) of this chapter shall have a buffer fence located within five feet of the residential lot line adjacent to lands that are deed-restricted for agricultural purposes. Such buffer fence shall consist of a board or split-rail fence.

(2) The buffer areas for nonresidential uses shall adhere to the requirements of §188-39, Buffers, and §188-64, Off-street parking and loading.

G. Land development options.

(1) Conventional zoning. Zoning permitted as a matter of right in the Agricultural District. Requirements shall be as follows:

(a) Minimum residential lot area: 10 acres.

(b) Each lot created by conventional subdivision shall satisfy lot suitability requirements.

(c) Neighborhood tree conservation buffers measuring at least 100 feet in width shall be established around the perimeter of any tract proposed for conventional residential subdivision. No existing tree with a diameter at breast height (DBH) in excess of four inches shall be removed from the neighborhood tree conservation buffer. In addition to existing trees located within the neighborhood tree conservation buffer, this buffer shall be planted with a dense mix of deciduous and coniferous trees, ornamental and flowering trees and shrubs, indigenous to the area. The buffer shall be planted at a density of 25 trees/acre and 25 shrubs/acre and shall not be bermed. All plant materials shall be nursery quality, balled and burlapped, and planted in accordance with Township standards. Deciduous trees shall be at least 2 1/2 inches to three inches caliper, conifers shall be at least six feet to eight feet in height, ornamental trees shall be at least eight feet to 10 feet in height, and shrubs shall be at least 24 inches to 36 inches in height at the time of planting. Neighborhood tree conservation buffers shall be placed in a conservation easement. The conservation easement shall be subject to review and approval by the Township Engineer and Township Attorney and shall be recorded prior to the applicant recording any subdivision map or deed. Existing structures located within a neighborhood tree conservation buffer as of the date of adoption of this section may remain within the buffer; however, additions or expansions to the nonconforming structure are not permitted within the buffer.

(2) Permitted zoning options. The following additional zoning options are permitted in the Agricultural District and are encouraged to be utilized in lieu of conventional zoning.

(a) Lot-size averaging subdivision option. This option is provided to promote the retention of larger parcels for agricultural uses and/or conservation of woodlands or other environmentally sensitive lands, and to encourage and promote flexibility, economy and environmental soundness in subdivision layout and design. The following standards shall apply to such lot-size averaging subdivisions:

[1] Minimum tract size shall be 40 acres.

[2] Minimum residential lot area shall be two acres. (See Subsection E.)

[3] Maximum dwelling unit density shall be 0.1 unit/acre.

[4] Maximum dwelling unit yield shall be based on the design of a fully conforming, variance-free conventional subdivision layout.

[5] At least 50% of the lots created in a lot-size averaging subdivision shall be no larger than 2.5 acres in area.

[6] All lots created under this subdivision option shall be deed-restricted against further subdivision.

[7] Notwithstanding the minimum tract requirement above, a landowner may create up to two small lots containing two to three acres each, provided that the portion of the required 10 acres per unit that is not included in the small lot(s) but is included in lands remaining, shall be deed-restricted against further residential development.

[8] Prior to submission of a formal subdivision application, the applicant shall submit a concept plan of the lot-size averaging plan to the Planning Board for review and comment in accordance with § 188-99.3H of this chapter.

[9] The overall site design of the development utilizing this option shall foster the following objectives: retention of large contiguous farmland and woodland areas; stream corridor and wetlands preservation; steep slope protection; reduction of impervious coverage; efficient traffic circulation; and sensitivity to the site's natural features, topography and relationship to open lands on neighboring parcels.

[10] Natural features such as trees, hilltops, meadows, natural terrain, open waters and natural drainage ridge lines shall be preserved wherever possible in designing any development containing such features. As part of the subdivision or site plan review process, development should be designed to preserve scenic vistas and views of agricultural fields, cultural/historic landmarks and unique geographic and topographic features. On hillsides, development shall be sited below the ridgeline, and the height and location of development should protect unobstructed views of the ridges from public roadways. In open fields, development shall be sited near the edges of fields, adjacent to existing treelines wherever possible.

(b) Open lands ratio subdivisions. This option is provided to promote retention of large farm tracts and the aggregation of smaller farm parcels through the granting of density incentives to those who comply with the requirements set forth below. It is also intended to encourage and promote flexibility, economy and environmental soundness in subdivision layout and design. The following standards shall apply to such open lands subdivisions:

[1] At least 65% of the tract shall be designated as "open lands" and shall, as a condition of approval of the development, be deed-restricted for agricultural use in accordance with the requirements of § 188-99.3J of this chapter. All lots qualifying as open lands shall be permitted a primary residence and other permitted accessory buildings and uses, as provided in this chapter.

[2] At least 50% of designated open lands shall be some combination of unconstrained land area, prime farmland soils, soils of statewide importance, soils of local importance and/or mature woodlands.

[3] Minimum residential lot area shall be two acres for the non-open lands residential lots created by the subdivision. (See Subsection E.)

[4] Minimum open lands lot area shall be 10 acres.

[5] Maximum residential dwelling unit density shall be 0.15 unit per acre for the entire tract.

[6] Prior to submission of a formal subdivision application, the applicant shall submit a concept plan of the open lands ratio subdivision plan to the Planning Board for review and comment in accordance with § 188-99.3H of this chapter.

[7] For tracts of 100 acres or less, the open lands shall be contained in one deed-restricted contiguous parcel; for tracts of larger than 100 acres, the open lands may be composed of noncontiguous parcels, provided that each open lands parcel shall contain at least 50 contiguous acres.

[8] All lots created under this subdivision option shall be deed-restricted against further subdivision.

[9] The overall site design of the development utilizing this option shall foster the following objectives: retention of large contiguous farmland and woodland areas; stream corridor and wetlands preservation; steep slope protection; reduction of impervious coverage; efficient traffic circulation; and the site's natural features, topography and relationship to open lands on neighboring parcels.

[10] Natural features such as trees, hilltops, meadows, natural terrain, open waters and natural drainage ridge lines shall be preserved wherever possible in designing any development containing such features. As part of the subdivision or site plan review process, development should be designed to preserve scenic vistas and views of agricultural fields, cultural/historic landmarks and unique geographic and topographic features. On hillsides, development shall be sited below the ridgeline and the height and location of development should protect unobstructed views of the ridges from public roadways. In open fields, development shall be sited near the edges of fields, adjacent to existing or proposed tree lines or hedgerows wherever possible.

H. Concept plan review. An applicant for a lot-size averaging or open lands subdivision shall submit a concept plan of the subdivision to the Planning Board for review and comment in accordance with § 188-99.3H(1)(b) of this chapter. At the request of a developer, the Planning Board shall grant a concept review of a plan for which the developer intends to submit a formal application for development.

(1) Procedure.

(a) The developer shall not be required to submit any application fees for informal concept plan review; however, no professional review(s) shall be undertaken unless the developer agrees to pay for said review(s) and files the escrow fees specified for concept plan review in § 188-28.

[1] The developer shall not be bound by any plan for which concept review is requested, and the approving authority shall not be bound by any such review.

[2] A developer desiring to have a concept plan reviewed by the approving authority shall so notify the administrative officer at least three weeks prior to a regularly scheduled meeting of the approving authority at which the concept review is requested. The administrative officer shall thereafter notify the developer of the time and place, which has been scheduled by the approving authority for concept review.

(b) Concept plan required details. The following information shall be provided for concept plan review:

[1] A plan at a scale of not less than one inch equals 100 feet, clearly and legibly drawn.

[2] A key map at a scale of not less than one inch equals 800 feet showing the entire development and its relation to surrounding areas.

[3] Existing structures and uses.

[4] Existing and proposed street and lot layout in conformance with ordinance bulk standards, showing that portion proposed for development in relation to the entire tract.

[5] Area of original tract.

[6] Zoning district and North arrow.

[7] Block and lot number for the tract.

[8] Proposed method of water supply and sewage treatment.

[9] Proposed access points and roadways.

[10] Existing topography and contours based on United States Geological Survey (USGS) data, unless more detailed data is available, illustrating areas with slopes of 15% or greater.

[11] Natural resources and features, such as forested areas, wetlands, major rock outcroppings, lakes, ponds, streams, drainage ditches, impoundments and watercourses.

[12] Soil mapping and interpretations based on the United States Department of Agriculture (USDA) Soil Survey for Somerset County.

[13] Location of flood hazard areas and floodways.

[14] Existing easements, deed restrictions and covenants.

[15] A written summary of how the concept plan meets the goals and objectives of § 188-99.3G(2)(a) or 188-99.3G(2)(b), as appropriate.

[16] Certification that the applicant is the owner of the land or the owner's duly authorized agent, or that the owner has given his consent under an option agreement or a contract to purchase.

I. Undersized lots.

(1) Any lot of at least five acres located in the Agricultural Zoning District, which was lawfully created before September 9, 2003, and which is used as a farm, may contain a farm building, located in accordance with requirements of Subsection E; any farm building on such lot may be enlarged, and any farm building thereon which shall accidentally be destroyed may be replaced in the same location as it occupied on the lot immediately prior to said accidental destruction, and shall not constitute a nonconforming structure.

(2) Any lot containing a single-family dwelling and having a lot area of less than 10 acres but containing at least three acres located in the Agricultural Zoning District, lawfully created before September 9, 2003, may continue to be used for one single-family dwelling as a principal use without such lot being deemed to have merged with any adjoining land in the same ownership. Any single-family dwelling or accessory structure on such lot may be enlarged, and any single-family dwelling or accessory structure thereon which shall accidentally be destroyed may be replaced in the same location as it occupied on the lot immediately prior to said accidental destruction, and shall not constitute a nonconforming use or structure, provided that the following shall apply:

(a) Where the lot has a lot area of at least three acres, the following requirements shall apply:

[1] Minimum lot width: 250 feet.

[2] Minimum lot depth: 250 feet.

[3] Minimum front yard: 75 feet.

[4] Minimum side yard: 50 feet.

[5] Minimum rear yard: 50 feet.

[6] Maximum impervious surface: 8%.

[7] Maximum building height: 35 feet.

(b) (Reserved)[2]

[2] Editor's Note: Former Subsection I(2)(b), regarding lots with an area of less than three acres, was repealed 3-23-2010 by Ord. No. 2010-07.

J. Agricultural deed restriction. For purposes of complying with the requirements of this subsection, any requirement imposing an agricultural deed restriction or a deed restriction for agricultural purposes or uses means that the landowner shall deed restrict his/her land in accordance with the following requirements:

[Amended 10-9-2012 by Ord. No. 2012-27]

(1) The deed restriction is in perpetuity and binds the landowner, and his/her heirs, personal representatives, successors, and assigns.

(2) Only agricultural use and production is permitted on the deed-restricted lands. "Agricultural use" shall mean the use of deed-restricted lands for common farmsite activities, including but not limited to production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management and grazing.

(3) All nonagricultural uses, if any, existing on this deed-restricted land may be continued and any structure may be restored or repaired in the event of partial destruction thereof, subject to the following:

(a) No new structures or the expansion of preexisting structures for nonagricultural use is permitted;

(b) No change of the preexisting nonagricultural use is permitted;

(c) No expansion of the preexisting nonagricultural use is permitted; and

(d) In the event that the preexisting nonagricultural use is abandoned, its use is extinguished.

(4) No sand, gravel, loam, rock or other minerals shall be deposited on or removed from the deed-restricted lands, except only those materials required for the agricultural purposes for which it is used.

(5) No dumping or placing of trash or waste materials shall be permitted on the deed-restricted lands.

(6) No activity shall be permitted on the deed-restricted lands which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the continued agricultural use of the deed-restricted lands.

(7) A landowner may use the deed-restricted lands to derive income from certain recreational activities, such as hunting, fishing, cross-country skiing and ecological tours, only if such activities do not interfere with the actual use of the deed-restricted lands for agricultural production and that the activities only utilize the deed-restricted land in its existing condition.

(8) A landowner may use, maintain and improve existing buildings on the deed-restricted lands for agricultural, residential and recreational uses subject to the following conditions:

(a) Improvements to agricultural buildings shall be consistent with agricultural uses;

(b) Improvements to residential buildings shall be consistent with agricultural or single-family and extended family residential uses. Improvements to residential buildings for the purpose of housing agricultural labor are permitted only if the housed agricultural labor is employed on the deed-restricted lands; and

(c) Improvements to recreational buildings shall be consistent with agricultural or recreational uses.

(9) A landowner may construct any new buildings for agricultural purposes. The construction of any new buildings for residential use shall be prohibited, except as follows:

(a) To provide structures for housing of agricultural labor employed on the property, but only with the approval of the entity holding the deed restriction.

(b) To construct a single-family residential building anywhere on the property in order to replace any single-family residential building in existence at the time of the deed restriction, but only with the approval of the entity holding the deed restriction.

(10) The deed restriction shall be enforceable by the Township of Hillsborough through its duly appointed zoning and planning enforcement official.

(11) It is the intention of this chapter that the agricultural deed restriction be substantially in the form utilized in the New Jersey Agricultural Retention and Development Program. Consequently, the agricultural deed restriction shall be modified and augmented as required to follow the form utilized by such program. In any event, the deed restriction shall be in recordable form and shall be submitted to and approved by the Township Attorney as a condition of the involved development approval.

K. Right to farm. Some lands within the Agricultural District are used for commercial agricultural production. Adjoining landowners and other users of property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, herbicides, and pesticides. Owners, residents and users of property in the Agricultural District are hereby put on official notice that the New Jersey Right to Farm Act, N.J.S.A. 4:1C-1 et seq., may bar them from obtaining a legal judgment against such normal agricultural operations. Any commercial farm that conforms to agricultural management practices recommended by the State Agricultural Development Committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.), or whose specific operation or practice has been determined by the Somerset County Agricultural Board to constitute a generally accepted agricultural operation or practice, and which complies with all relevant federal or state statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety may:

(1) Produce agricultural and horticultural crops, trees and forest products, livestock, and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping;

(2) Process and package the agricultural output of the commercial farm;

(3) Provide for the operation of a farm market, including the construction of building and parking areas in conformance with municipal standards;

(4) Replenish soil nutrients and improve soil tilth;

(5) Control pests, predators and diseases of plants and animals;

(6) Clear woodlands using open burning and other techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas;

(7) Conduct on-site disposal of organic agricultural wastes;

(8) Conduct agriculture-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm; and

(9) Engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.).

§ 188-99.4 MZ Mountain Conservation District.

[Added 12-30-2002 by Ord. No. 2002-49]

A. Purpose. The purpose of the Mountain Conservation District is to preserve and protect the fragile ecosystem and preserve the rural character of the Sourland Mountain. The district is designed to prevent the overuse of limited water resources and respect the ability of the soils and ground water to sustain on-lot disposal systems without degrading or impairing surface or ground water quality. Rugged terrain, rocky soils, extensive wetlands and mature forests typify this environment, which is poorly suited to accommodate residential or other development that will require reliable water supplies. Due to these natural limitations, it is important to limit impervious cover in order to foster maximum recharge and sustainable yields in the district and regional watersheds dependent on the limited groundwater supply. The Mountain Conservation District is also designed to preserve biological diversity and environmental integrity through the maintenance of large contiguous tracts of forest.

B. Permitted principal uses shall be as follows:

(1) Detached, single-family homes.

(2) Parks and open space preserves.

(3) Fire stations and emergency services.

(4) Municipal facilities.

C. Accessory uses.

(1) Off-street parking and loading.

(2) Home occupations associated with detached single-family dwellings, provided they do not generate a demand for water in excess of the normal water demands of a detached single-family dwelling.

(3) Garages, storage sheds, tennis courts and swimming pools for single-family homes, and uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

[Amended 5-14-2013 by Ord. No. 2013-14]

D. Conditional uses shall be as follows:

(1) Antique shops in existing structures only.[1]

[1] Editor's Note: Former Subsection D(1), regarding public facilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection D(2) through (4) as Subsection D(1) through (3), respectively.

(2) Agricultural uses subject to the following conditions:

(a) Maximum percentage of clearing shall be 10% or one acre, whichever is less (except those farms in existence at the time of passage of this section).

(b) Clearing shall require certification that the property owner consulted with the USDA-SCS and presentation to the Planning Board of a plan to utilize best agricultural management practices appropriate to the mountain environment.

(c) Existing stands of trees parallel with the slopes shall be maintained as buffers at the property boundary at least 100 feet in width.

(3) Farm stands in conjunction with an agricultural or farm use only.

E. Area, yard and bulk regulations.

	Minimum Lot			Minimum Yard			Maximum
	Area1 (acres)	Width (feet)	Depth (feet)	Front (feet)	Side (feet)	Rear (feet)	Height	Total Ratio Impervious (percent)
Agricultural use	15	300	300	NA	NA	NA	60	0.05%
Single- family dwelling	152	250	250	150	50	50	35	0.05%
Public utility	15	250	250	150	50	50	20	0.05%
Antique shop	15	150			100	75		0.05%
Accessory building				100	20	20	20	0.05%
Firehouse	3	200	200	150	50	50	20	0.05%

NOTES:

¹ All residential lots shall meet "lot suitability" requirements as defined in § 77-3.

² See also § 77-91.5G(2) for lot-size averaging.

F. The buffer areas for nonresidential uses shall adhere to the requirements of § 188-38, Buffers, and § 188-68, Off-street parking and loading.

G. Land development options.

(1) Conventional zoning, permitted as a matter of right in the Mountain District. Requirements shall be as follows:

(a) Minimum residential lot area: 15 acres.

(b) Each lot created by conventional subdivision shall satisfy lot suitability requirements.

(2) Lot size averaging. This option is provided to enhance environmental sensitivity in subdivision layout and design, and shall be permitted at the Planning Board's discretion, subject to a finding by the Planning Board that lot size averaging promotes a greater level of resource protection than a conventional subdivision arrangement.

(a) Requirements for lot size averaging shall be as follows:

[1] Minimum residential lot area shall be five acres.

[2] Maximum dwelling unit density shall be 0.066 unit per acre.

[3] All lots created under this subdivision option shall be deed restricted against further subdivision.

[4] The applicant is strongly encouraged to submit a concept plan of the lot size averaging plan to the Planning Board for review and comment in accordance with Subsection H.

[5] The design of the development utilizing this option shall foster the following objectives: retention of large contiguous forest areas; stream corridor and wetlands preservation; steep slope protection; improved overall site design; reduction of impervious coverage; and protection of the site's natural features, topography and relationship to open lands on neighboring parcels.

H. Concept plan review. The applicant is strongly encouraged to submit a concept plan of any proposed lot size averaging subdivision plan to the Planning Board for review and comment in accordance with Subsection H(1)(b) of this section. At the request of a developer, the approving authority shall grant a concept review of a plan for which the developer intends to submit a formal application for development.

(1) Procedure.

(a) The developer shall not be required to submit any application fees for such concept review; however, no professional review(s) shall be undertaken unless the developer agrees to pay for said review(s) and files the escrow fees specified for concept plan review in this chapter.

[1] The developer shall not be bound by any plan for which concept review is requested, and the approving authority shall not be bound by any such review. However, concept plan review is strongly encouraged for all subdivisions to minimize unnecessary engineering expenses.

[2] A developer desiring to have a concept plan reviewed by the approving authority shall so notify the administrative officer at least three weeks prior to a regularly scheduled meeting of the approving authority at which the concept review is requested. The administrative officer shall thereafter notify the developer of the time and place which has been scheduled by the approving authority for concept review.

(b) Concept plan required details. The following information shall be provided for concept plan review:

[1] A plan at a scale of not less than one inch equals 100 feet, clearly and legibly drawn.

[2] A key map at a scale of not less than one inch equals 800 feet showing the entire development and its relation to surrounding areas.

[3] Existing structures and uses.

[4] Existing and proposed street and lot layout in conformance with ordinance bulk standards, showing that portion proposed for development in relation to the entire tract.

[5] Area of original tract.

[6] Zoning district and North arrow.

[7] Block and lot number for the tract.

[8] Basic intent for water and sewage treatment.

[9] Proposed access points and parking areas.

[10] Existing topography and contours based on United States Geological Survey data unless a local survey is available, in which case contours should be shown with a maximum contour interval of two feet where slopes are not greater than 10% and a maximum contour interval of five feet where slopes are greater than 10%.

[11] Natural resources and features, such as forested areas, wetlands, major rock outcroppings, lakes, ponds, streams, drainage ditches, impoundments and watercourses, shall be shown.

[12] Soil mapping and interpretations based on the USDA Soil Survey for Somerset County.

[13] Location of flood hazard areas and floodways.

[14] Existing easements, deed restrictions and covenants.

[15] A written summary of how the concept plan meets the goals and objectives of the Hillsborough Township Master Plan.

[16] Certification that the applicant is the owner of the land or the owner's duly authorized agent, or that the owner has given his consent under an option agreement or a contract to purchase.

I. Any lot in the MZ Mountain Conservation Zone District, which was previously conforming at the time of the enactment of the amended MZ Zone regulations on 12-30-2002, may have a building permit issued without an appeal to the Zoning Board of Adjustment subject to the requirements of § 188-66.

[Amended 7-11-2006 by Ord. No. 2006-17]

§ 188-99.5 MVH Millstone Valley Historic District.

[Added 12-30-2002 by Ord. No. 2002-49]

A. Purpose. The MVH Millstone Valley Historic District has been established to include public lands owned by Hillsborough Township, Somerset County and State of New Jersey, as well as lands within the Millstone Valley Agricultural Historic District.

B. Principal permitted uses. In the Millstone Valley Historic District, no structure shall be erected, altered or occupied for any purpose except the following:

(1) Public parks and recreation.

(2) Open space.

(3) Conservation uses.

(4) Public schools.

(5) Municipal uses.

(6) Public recreation facility.

(7) Environmental education center.

(8) Historical interpretation center.

(9) Historic District Uses, including:

(a) All existing uses in the Millstone Valley Agricultural Historic District as adopted by the Hillsborough Planning Board on April 5, 2001, in the Historic Preservation Element. (This district is listed in the National and State Register of Historic Places since August 10, 1977, and February 10, 1977).

(b) No structure or building identified in this district may be erected, altered, reconstructed, restored or demolished unless it adheres to § 188-109.

C. Accessory uses permitted.

(1) Accessory uses customarily incidental to the permitted principal uses.

D. Lot size, area, yard and building requirements for the MVH District.

[Amended 3-28-2006 by Ord. No. 2006-04]

(1) Minimum:

(a) Lot area: five acres.

(b) Lot width: 250 feet.

(c) Front yard: 75 feet.

(d) Side yard (each): 50 feet.

(e) Rear yard: 50 feet.

(f) Accessory building, minimum distance to:

[1] Side line: 50 feet.

[2] Rear line: 50 feet.

[3] Other building: 50 feet.

(2) Maximum:

(a) Impervious coverage: 5%.

(b) Building height: 35 feet/2 1/2 stories.

§ 188-99.6 OS-CL Open Space-Cultural Landscape District.

[Added 4-27-2004 by Ord. No. 2004-07]

A. Purposes. The purposes of the OS-CL Open Space - Cultural Landscape District are to preserve the character of historic estate landscapes by promoting compatible uses of property within the district for public benefit, public visitation, long-term environmental sustainability; to support and encourage the continued use of the property within the district for educational and cultural activities, open space, recreation, environmental conservation and agriculture; and to provide for the continued financial viability of the stated purposes by allowing related revenue-generating activities, including visitor services, amenities and facilities, all in keeping with the intent, scale and character of the district. Accomplishment of the stated purposes for the district is enhanced by establishing a separate zoning district and regulations controlling the future development and alteration of such lands and by encouraging the development of uses and facilities consistent with these purposes.

B. Principal permitted uses. These uses include one or a combination of the following:

(1) Preservation and conservation of open space lands and environmental resources.

(2) Nature preserves.

(3) Dedicated parklands.

(4) Arboreta, botanical gardens, horticultural displays, greenhouses, horticultural nurseries and other ornamental landscapes.

(5) Adaptive reuse of existing buildings and structures for permitted uses as enumerated herein.

(6) Preservation and conservation of agricultural and horticultural uses.

(7) Educational and cultural program use related to natural resource and agricultural conservation, historic preservation and the arts. Program use may include, but not necessarily be limited to, classes, demonstrations, workshops, research, conferences, events, tours, exhibitions, performances, lectures and presentations, and may include the sale of retail goods incidental to said program use.

(8) Active and passive recreation, including but not necessarily limited to walking, running and bicycle paths, athletic fields, golf course, tennis courts, picnicking, boating, fishing and horseback riding.

(9) Visitor centers.

(10) Education centers and research facilities.

(11) Professional and business offices.

(12) Restaurant.

(13) Cafe.

(14) Caretaker, staff or tenant residences.

(15) Overnight and extended accommodations for artists, scholars, lecturers, seminar participants and consultants.

(16) Conference and meeting facilities.

(17) Studio and performance space.

(18) Fund-raising events.

(19) Private events.

(20) Farm stand.

(21) Inn or other overnight visitor accommodations.

(22) Gift shop.

C. Accessory uses. These uses shall be permitted only in connection with a permitted principal use.

(1) Required off-street parking areas (see § 188-68).

(2) Signs (see § 188-83).

(3) Noncommercial structures incidental to permitted principal educational, recreational and agricultural programs, including but not limited to stables, barns, storage sheds, greenhouses and gatehouses.

(4) Loading (see § 188-68).

D. Design standards for the Open Space - Cultural Landscape District.

(1) The development of this district shall be considered as a single entity requiring coordination of building locations, access drives, parking areas, buffers, loading and all other design elements. All new facilities and reconstruction of substantial portions (more than 50% of the gross floor area) of existing facilities shall be subject to site plan approval by the Planning Board or Zoning Board as appropriate.

(2) Renovation and reuse of existing structures.

(a) Existing structures may be renovated or repaired, and utilized, to their existing height/stories for uses permitted in the OS-CL Open Space - Cultural Landscape District. All new and expanded portions of existing structures and buildings shall comply with the maximum height/stories requirement as set forth in the schedule of regulations for this district as provided in § 188-99.6E.

(b) If any existing or renovated building shall be destroyed by any means, it may be restored to its former condition. Alternatively, it may be replaced by a building or buildings that conform to the requirements as set forth in the schedule of regulations for this district as provided in § 188-99.6E.

(3) Construction of new structures: New structures may be erected or constructed only for uses permitted in the OS-CL Open Space - Cultural Landscape District. All new structures and buildings shall comply with the maximum height/stories requirements as set forth in the schedule of regulations for this district as provided in § 188-99.6E. Clustering of any new permitted residential dwellings is encouraged as appropriate.

(4) Site access and off-street parking.

(a) Site access and service roads shall be properly related to the public roadway system so as to avoid unsafe conditions and traffic congestion.

(b) Parking spaces shall be provided on the site to accommodate vehicles as follows:

(5) For educational and cultural program use, not less than two spaces for each 1,000 square feet of gross floor area.

(6) For office use, not less than one space for each 350 square feet of gross floor area.

(7) For restaurant or cafe use, not less than one space for every three seats.

(8) For all other uses, see § 188-68.

(a) The Planning Board (or Zoning Board, as appropriate) may decrease the amount of parking required up to 50% and/or vary the design and location of such parking in the course of site plan review based upon the anticipated utilization and/or joint usage of the spaces, provided that the minimum required spaces are shown as future parking on the site plan and found to be buildable by the Planning Board (or Zoning Board, as appropriate).

E. Schedule of regulations.

(1) Minimum setback. Any new structure built in the OS-CL District shall be set back a minimum of 150 feet from all public roadways, adjoining properties and zone lines, except for entrance features and security structures related to access drives and consistent with the purpose of the OS-CL District.

(2) Maximum building height. No new structure shall be constructed that exceeds 60 feet in height.

(3) Maximum impervious coverage: 5%.

(4) Maximum residential density: 0.1 dwelling unit per acre (10 acres per dwelling unit).

§ 188-99.7 ARW Amwell Road West District.

[Added 7-27-2010 by Ord. No. 2010-22]

A. Purpose. The purpose of the Amwell Road West (ARW) District is to establish a mixed-use zone district that provides for multifamily affordable housing, and single-family and multifamily market-rate housing. The standards are intended to offer maximum flexibility for site design and selection of dwelling unit types in order to offer a balanced housing pattern attractive to all income and age segments of the community as part of the Township's fair share housing plan for meeting the region's low- and moderate-income housing needs.

B. Permitted principal uses.

(1) Detached, single-family dwellings.

(2) Townhouses.

(3) Multifamily dwellings/affordable housing.

(4) Special needs and alternative living arrangement facilities/affordable housing.

C. Accessory uses.

(1) Garages, storage sheds, tennis courts, maintenance office and storage buildings, swimming pools and other community recreational facilities (noncommercial) associated with planned residential communities are allowed in all yards but the front yard.

(2) Trash and garbage collection areas which are fully screened except for detached, single-family dwellings and townhouses.

(3) Stormwater basins.[1]

[1] Editor's Note: Former Subsection C(3), regarding utilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection C(4) through (8) as Subsection C(3) through (7), respectively.

(4) Recreational facilities, including tot lots and sitting and picnic areas with grills.

(5) Signage.

(6) Retaining walls.

(7) Other subordinate structures customarily incidental and subordinate to the principal building or use on the lot.

D. Minimum tract area and location.

(1) A minimum of 20 gross acres.

(2) A minimum of 700 feet of frontage on Somerset County Route 514 (Amwell Road).

E. Yard and bulk regulations for detached, single-family dwellings.

(1) Maximum tract area: A maximum of 6.382 acres of the overall tract area for the entire mixed-use development may be utilized for the construction of detached, single-family dwellings.

(2) Minimum lot size: 4,500 square feet.

(3) Minimum lot frontage: 20 feet.

(4) Minimum lot width: 30 feet.

(5) Minimum lot depth: 90 feet.

(6) Minimum front yard setback: 25 feet from public or private drive edge of pavement or curb, as appropriate.

(7) Minimum rear yard setback: 20 feet.

(8) Minimum side yard setback: six feet.

(9) Maximum impervious coverage: 50%.

(10) Maximum building coverage: 35%.

(11) Maximum density: 7.06 dwelling units per acre for the portion of the overall tract utilized for the construction of detached, single-family dwellings.

(12) Maximum building height: 35 feet or 2 1/2 stories.

F. Yard and bulk regulations for townhouses.

(1) Maximum tract area: A maximum of 2.7109 acres of the overall tract area for the entire mixed-use development may be utilized for the construction of townhouses.

(2) Maximum lot size: maximum 3,000 square feet per dwelling unit.

(3) Minimum lot depth: 90 feet measured from public or private drive edge of pavement or curb, as appropriate.

(4) Minimum front yard setback: 25 feet from public or private drive edge of pavement or curb, as appropriate.

(5) Minimum rear yard setback: 25 feet.

(6) Minimum building-to-building distance: 20 feet.

(7) Maximum impervious coverage: 55%.

(8) Maximum building coverage: 35%.

(9) Maximum density: 14.76 dwelling units per acre for the portion of the overall tract utilized for the construction of townhouses.

(10) Maximum building height: 38 feet or three stories.

G. Yard and bulk regulations for multifamily dwellings/affordable housing.

(1) Minimum lot size: 1.5 acres.

(2) Minimum lot frontage: 200 feet.

(3) Minimum lot width: 200 feet.

(4) Minimum lot depth: 200 feet.

(5) Minimum front yard setback: 20 feet.

(6) Minimum rear yard setback: 20 feet.

(7) Minimum side yard setback: 20 feet.

(8) Maximum impervious coverage: 55%.

(9) Maximum building coverage: 35%.

(10) Maximum building height: 35 feet or 2 1/2 stories.

(11) Maximum building length: 230 feet.

(12) Maximum density: 13.34 dwelling units per acre within the portion of the overall tract area utilized for the construction of multifamily dwellings/affordable housing.

(13) Twenty affordable multifamily units are required to be provided within the portion of the overall tract for the mixed-use development utilized for multi-family dwellings/affordable housing.

H. Yard and bulk regulations for affordable special needs/alternative living arrangement facilities.

(1) Minimum lot size: 1.79 acres.

(2) Minimum lot frontage: 200 feet.

(3) Minimum lot width: 200 feet.

(4) Minimum lot depth: 200 feet.

(5) Minimum front yard setback: 20 feet.

(6) Minimum rear yard setback: 20 feet.

(7) Minimum side yard setback: 20 feet.

(8) Maximum impervious coverage: 55%.

(9) Maximum building coverage: 35%.

(10) Maximum building height: 35 feet or 2 1/2 stories.

(11) Maximum building length: 230 feet.

(12) Maximum density: 13.41 dwelling units per acre within the portion of the overall tract area utilized for the construction of affordable special needs/alternative living arrangement facilities.

(13) Twenty-four two-bedroom affordable special needs/alternative living arrangement facilities units are required to be provided within the portion of the overall tract for the mixed-use development utilized for affordable special needs/alternative living arrangement facilities housing.

I. Site perimeter requirements.

(1) Buffer requirements. There shall be a minimum twenty-foot buffer adjacent to any residential district or existing residential use included as part of this requirement, unless otherwise indicated. Such buffer shall be reviewed by the proper approving board to determine if the existing vegetation provides a sufficient year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or a fence or berm. Once all screening/landscaping improvements are completed, a conservation easement shall be established by the applicant for the buffer area.

(2) Fencing requirements. Fencing may be included on the perimeter of the tract, or within the tract, provided the fencing is of an architecturally compatible design and consistent throughout the tract. No fence shall exceed a height of five feet above finished grade.

J. Parking requirements.

(1) Detached, single-family dwellings: Three-bedroom units require 2.0 spaces per unit. An additional 0.5 parking spaces per single-family dwelling are required.

(2) Townhouses: Two-bedroom units require 2.3 spaces per unit.

(3) Multi-family dwellings/affordable housing: One-bedroom units require 1.8 spaces per unit; two-bedroom units require 2.0 spaces per unit; three-bedroom units require 2.1 spaces per unit.

(4) Affordable special needs/alternative living arrangement facilities: Two-bedroom units require 0.5 parking spaces per unit.

K. Supplemental regulations.

(1) Buildings and site improvements shall be designed to minimize changes to existing topography and mature vegetation.

(2) Shared driveways that serve more than one property may be provided where deemed appropriate by the Planning Board or Board of Adjustment. Cross access shall be required between adjoining properties.

(3) A landscape plan shall be provided for the entire site and shall be prepared by a licensed landscape architect.

(4) Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings.

(5) A permanent entry sign shall be permitted with a maximum area of 20 square feet and shall not exceed a height of six feet. The permanent sign shall be located near the entrance drive but shall not be located within any required sight triangles.

(6) Phasing, if the applicant proposes to phase the development, shall be subject to approval of a phasing plan with the site plan application.

(7) Recreation will be limited to only tot lots, picnic and sitting areas.

(8) When other provisions in the Hillsborough Township Land Development Ordinance conflict with this section, this section will govern the development of this district.

§ 188-100 C-1 Neighborhood Shopping Center District.

A. Purpose. The purpose of the C-1 Neighborhood Shopping Center District is to recognize areas of existing retail characteristics and provide the opportunity for new areas near existing and proposed population centers for the location of commercial services, limited entertainment facilities and employment opportunities. Their geographic distribution is intended for convenient access by the residents of the immediate area and to discourage unnecessary traffic from major streets.

B. Permitted principal uses.

(1) Retail sales of goods and personal service establishments.

[Amended 6-7-2010 by Ord. No. 2010-14]

(2) Offices, fiduciary institutions, medical centers and veterinary hospitals.

(3) Freestanding restaurants and restaurants located in multi-use buildings, which may contain drive-through facilities with buffer requirements pursuant to Subsection E(4).

[Amended 6-23-2009 by Ord. No. 2009-23; 6-22-2010 by Ord. No. 2010-16]

(4) Theaters, bowling alleys, gymnasiums, tennis courts and pools.

(5) Libraries and museums.

(6) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.[1]

[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]]

[1] Editor's Note: Former Subsection B(6), utilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection B(7) through (9) as Subsection B(6) through (8), respectively.

(7) Commercial instructional activities.

[Added 3-23-2010 by Ord. No. 2010-05]

(8) Health club/fitness center.

[Added 2-26-2013 by Ord. No. 2013-04]

C. Accessory uses.

(1) Parking areas.

(2) Trash and garbage collection areas.

(3) Loading areas.

D. Conditional uses.

[Amended 6-10-1986 by Ord. No. 86-8; 6-23-2009 by Ord. No. 2009-23]

(1) Gasoline service stations.

(a) Must be located at least 100 feet from any residence or residential zone.

(b) Any outdoor storage of wrecked, damaged or dissembled vehicles waiting for repairs must be provided in a screened-in area in the rear yard at least 250 feet from any residence or residential zone.

(c) There is one parking space required for each employees plus two spaces for each service bay.

(d) A retail convenience store may be provided in conjunction with a gasoline service station, provided that the following standard is followed:

[1] A minimum of 3.5 parking spaces are provided for each 1,000 feet of gross floor area.

(e) Vehicle repair may be provided in conjunction with a gasoline service station, provided that all repairs are conducted in an enclosed building.

(f) A screened trash enclosure must be located at least 30 feet any property line.

E. Area, yard and bulk regulations.

(1) Minimums.

(a) Lot area: two acres.

(b) Lot width: 200 feet.

(c) Lot depth: 250 feet from any proposed right-of-way as shown on the Master Plan.

(d) Front yard: 90 feet from any proposed right-of-way as shown on the Master Plan.

(e) Side yards: 50 feet each.

(f) Rear yard: 50 feet.

(2) Maximums.

(a) Building coverage: 20%.

(b) Other impervious surface coverage: 45%.

(c) Building height: 35 feet.

[Amended 6-22-1993 by Ord. No. 93-21]

(3) Buffer areas shall be at least 15 feet wide and are required along all property lines abutting any residential district, around loading and trash collection points and along street lines where residences or residential zoning is across the street.

(4) For any freestanding restaurant or restaurant located in a multi-use building with a drive-through facility, there shall be a minimum sixty-foot buffer adjacent to any residential zone boundary or residential lot line, unless otherwise indicated. Such buffer shall be reviewed by the appropriate board to determine if the existing vegetation is sufficient to provide a year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or fencing, and/or a berm, as appropriate. A conservation easement shall be established by the applicant to include the required buffer area subject to the approval of the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

[Added 6-22-2010 by Ord. No. 2010-16]

F. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as the proposed improvements to the off-site road infrastructure are completed as provided in the Master Plan or until such time as the Township Engineer and the Planning Board by majority vote certify to the Township Committee that then-current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the area to be developed as compared to the district as a whole. Funds in the escrow account shall be expended by the Township for their intended purpose within five years of deposit or shall be returned with interest to the developer.

[Added 10-12-1982 by Ord. No. 82-13]

§ 188-101 OLC Office, Light Commercial Zone.

[Added 9-25-1980 by Ord. No. 80-14]

A. Purpose. This zone is established to provide a mixture of retail and office uses to serve the high density residential area in this vicinity. The design standards require a plan for the entire district, whether designed at one time or in stages, in order to emphasize controlled access to Route 206 and highway safety at the intersection of two major roads.

B. Permitted principal uses.

(1) Retail sales of goods and personal service establishments.

[Amended 6-7-2010 by Ord. No. 2010-14]

(2) Offices, fiduciary institutions, medical centers.

(3) Freestanding restaurants and restaurants located in multi-use buildings, not including drive-through facilities.

[Amended 6-23-2009 by Ord. No. 2009-23]

(4) Libraries and museums.

(5) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.[1]

[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]

[1] Editor's Note: Former Subsection B(5), utilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection B(6) through (7) as Subsection B(5) through (6), respectively.

(6) Commercial instructional activities.

[Added 3-23-2010 by Ord. No. 2010-05]

C. Accessory uses.

(1) Parking areas.

(2) Trash and garbage collection areas.

(3) Loading areas.

D. Conditional uses.

[Amended 6-10-1986 by Ord. No. 86-8; 6-23-2009 by Ord. No. 2009-23]

(1) Gasoline service stations.

(a) Must be located at least 100 feet from any residence or residential zone.

(b) Any outdoor storage of wrecked, damaged or dissembled vehicles waiting for repairs must be provided in a screened-in area in the rear yard at least 250 feet from any residence or residential zone.

(c) There is one parking space required for each employees plus two spaces for each service bay.

(d) A retail convenience store may be provided in conjunction with a gasoline service station, provided that the following standard is followed:

[1] A minimum of 3.5 parking spaces are provided for each 1,000 feet of gross floor area.

(e) Vehicle repair may be provided in conjunction with a gasoline service station, provided that all repairs are conducted in an enclosed building.

(f) A screened trash enclosure must be located at least 30 feet any property line.

E. Area, yard and bulk regulations.

(1) The development of this district shall be done as a single entity requiring coordination of building locations, access drives, parking, buffers, loading and all other design elements among the individual lots comprising this district. Controlling access to Route 206 is essential, and primary access shall be from Triangle Road.

(2) Minimums:

(a) Lot area: two acres.

(b) Lot width: 200 feet.

(c) Lot depth: 250 feet from any proposed right-of-way, as shown on the Master Plan.

(d) Front yard: 90 feet from any proposed right-of-way, as shown on the Master Plan.

(e) Side yards: 50 feet.

(f) Rear yard: 50 feet.

(g) Maximum height: 35 feet.

[Added 7-14-1981 by Ord. No. 81-11; amended 6-22-1993 by Ord. No. 93-21]

(3) Maximums.

(a) Building coverage: 20%.

(b) Other impervious surface coverage: 45%.

(4) Buffer areas shall be at least 25 feet wide and are required along all property lines abutting any residential district, around loading and trash collection points and along street lines where residences or residential zoning is across the street.

F. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as the proposed improvements to the off-site road infrastructure are completed as provided in the Master Plan or until such time as the Township Engineer and the Planning Board by majority vote certify to the Township Committee that then-current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the area to be developed as compared to the district as a whole. Funds in the escrow account shall be expended by the Township for their intended purpose within five years of deposit or shall be returned with interest to the developer.

[Added 10-12-1982 by Ord. No. 82-13]

§ 188-102 P/R Professional/Retail Zone.

[Added 11-24-1992 by Ord. No. 92-20]

A. Purpose. The purpose of this P/R (Professional/Retail) district is to provide a reasonable transition between residential properties and commercially zoned properties abutting collector roadways where limited mixed professional and retail use of an integrated residential design would provide neighborhood convenience and help reduce the traffic moving from residential properties and major heavily traveled intersections, thus promoting public safety.

B. Permitted principal uses shall be as follows:

(1) Retail sales of goods and personal service establishments.

[Amended 6-7-2010 by Ord. No. 2010-14]

(2) Offices, fiduciary institutions and medical centers.

(3) Restaurants.

(4) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.

[Amended 9-22-2009 by Ord. No. 2009-31]

(5) Attached single-family dwellings at a density of not more than six units per acre.

(6) Commercial instructional activities.

[Added 6-23-2009 by Ord. No. 2009-23; amended 3-23-2010 by Ord. No. 2010-05]

C. Accessory uses shall be as follows:

(1) Parking areas.

(2) Trash, garbage and recycling collection areas.

(3) Loading areas.

D. (Reserved)[1]

[1] Editor's Note: Former Subsection D, regarding conditional uses, was repealed 6-23-2009 by Ord. No. 2009-23.

E. Area, yard and bulk regulations shall be as follows:

(1) Minimums.

(a) Attached single-family:

[1] Total tract area (prior to subdivision): five acres.

[2] Individual lot area: 4,000 square feet.

[3] Individual front yard: 20 feet.

[4] Individual lot side yards:

[a] One side: three feet.

[b] Total for both sides: 15 feet.

[5] Individual lot rear yard (exclusive of buffer requirements): 25 feet.

[6] Individual lot width at setback: 40 feet.

[7] Setback of building from arterial road: 70 feet.

[8] Setback of buildings from other existing roads: 50 feet.

[9] Buffer from arterial road: 40 feet.

[10] Buffer from other existing roads: 20 feet.

(b) All other uses:

[1] Lot area: five acres.

[2] Lot width: 400 feet.

[3] Lot depth: 250 feet from any proposed right-of-way as shown on the Master Plan.

[4] Front yard: 90 feet from any proposed right-of-way as shown on the Master Plan.

[5] Side yards: 50 feet each.

[6] Rear yard: 50 feet.

[7] The total distance between any two adjacent buildings shall be at least equal to the height of the taller building but in no case less than 25 feet.

(2) Maximums.

(a) Attached single-family:

[1] Building coverage: 25% of total tract area; 35% of each individual lot area.

[2] Other impervious surface: 25% of total tract area; 25% of each individual lot area.

[3] Building height: 30 feet.

(b) All other uses:

[1] Building coverage: 20%.

[2] Other impervious surface coverage: 45%.

[3] Height: 30 feet.

(3) Buffering. Except as specifically provided above, buffer areas shall be 25 feet wide and are required along all property lines. Buffering design and materials within the prescribed buffer area shall be determined by the approving authority at the time of the application.

F. Design standards for nonresidential uses.

(1) Multiple buildings shall be encouraged. The largest size of any individual building shall be 7,500 square feet.

(2) All sides of all buildings shall be finished similarly to the front facade.

(3) Residential style, details, finishes, roof pitches and similar design elements shall be used.

(4) The use of central pedestrian areas, courts and plazas shall be encouraged with special emphasis given outside dining areas.

(5) Clearance of land shall be limited to that phase for which a building permit is obtained. Clearance of land on subsequent phases shall not occur until design standards on the prior phase are completed. Notwithstanding the foregoing, limited land clearance or disturbance shall be permitted in project areas reserved or approved for subsequent phases to permit installation, construction and/or maintenance of improvements to service phases under development, including but not limited to underground utility lines or stormwater detention facilities. Such limited clearance or disturbance of land shall be restored to its prior condition to the extent practicable.

(6) Retail use on the entire site shall be limited to 50%.

G. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as the proposed improvements to the off-site road infrastructure are completed as provided in the Master Plan or until such time as the Township Engineer and the Planning Board by majority vote certify to the Township Committee that then-current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the road area to be developed as compared to the district as a whole.

§ 188-103 O-2 Office District.

[Amended 12-26-1978 by Ord. No. 78-23; 3-25-1980 by Ord. No. 80-3; 9-25-1980 by Ord. No. 80-14; 7-13-1999 by Ord. No. 99-30]

A. Purpose. The purpose of the O-2 Office District is to provide particular areas along Route 206 for small employment centers of a nonmanufacturing or nonassembly nature and/or encourage comprehensively planned community shopping centers that will offer a variety of conveniences to Hillsborough residents including greater opportunities for employment. Further intent of this ordinance is to encourage a variety of mixed uses.

B. Permitted principal uses.

(1) Offices and office buildings; research laboratories.

(2) Fiduciary institutions.

(3) Hospitals, medical center and veterinary hospital.

(4) Mortuaries.

(5) Farms and agricultural uses, as allowed in § 188-98B(4).

(6) Freestanding restaurants and restaurants located in multi-use buildings, not including drive-through facilities.[1]

[Amended 6-23-2009 by Ord. No. 2009-23]

[1] Editor's Note: Former Subsection B(6), utilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection B(7) through (9) as Subsection B(6) through (8), respectively.

(7) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.

[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]

(8) Community shopping center including retail sales of goods and personal service establishments, freestanding restaurants, outdoor garden centers, theaters, dinner theaters, theatrical play houses for live performances, bowling alleys, ice and roller skating rinks, gymnasiums, juvenile exercise facilities, offices, catering and banquet facilities; public facilities including, but not limited to, government offices, auditoriums, meeting halls, libraries, museums, cultural facilities, parks, and park and ride facilities, provided that the development meets the bulk and design standards set forth in Subsection F.

[Amended 6-7-2010 by Ord. No. 2010-14]

C. Accessory uses.

(1) Parking areas.

(2) Trash and garbage collection areas.

(3) Loading areas.

D. Conditional uses.

(1) Freestanding restaurants.

[Added 6-10-1986 by Ord. No. 86-8]

E. Area, yard and bulk regulations. (For community shopping centers see Subsection F.)

(1) Minimum lot area. The minimum lot area shall be two acres, except that where buildings over two stories are to be erected, the minimum lot area shall be five acres.

(2) Minimum lot dimensions. For lots less than five acres the minimum lot depth shall be 300 feet and the minimum lot width shall be 200 feet. For lots five acres and larger the minimum lot depth shall be 500 feet and the minimum lot width shall be 400 feet.

(3) Minimum front yard: 150 feet.

(4) Minimum side yards. The minimum distance between each side yard line and building shall be 20 feet, except that the two side yards shall equal the equivalent of at least 30% of the lot width. Buildings erected higher than two stories shall have a minimum setback of five times the building height when adjoining a residential zone and the equivalent of 1.5 times the building height when abutting a nonresidential zone or 30 feet, whichever is greater.

(5) Minimum rear yards. The minimum rear yard shall be 50 feet. Where the building is erected higher than two stories, the setback shall be five times the building height from any adjoining residential zone and at least the equivalent of 1.5 times the building height from any adjoining nonresidential zone or 50 feet, whichever is greater.

(6) Maximum height: 40 feet (absolute).

[Amended 6-22-1993 by Ord. No. 93-21]

(7) Maximum lot coverage. The maximum lot coverage by buildings and impervious surfaces shall be 50%.

(8) Maximum floor area ratio. The maximum floor area ratio (FAR) shall be 0.3. The floor area occupied in any such building or structure as a child-care center shall be excluded in calculating the permitted density allowable for that building or structure.

[Amended 8-14-1990 by Ord. No. 90-14]

(9) Buffers. Buffer areas shall be at least 25 feet wide and are required along all property lines abutting any residential district, around loading and trash collection points, around parking lots abutting streets and along street lines where residences or residential zoning is across the street.

[Amended 7-14-1981 by Ord. No. 81-11]

F. Area, yard and bulk for community shopping centers.

(1) Area, yard and bulk regulations (minimums).

(a) Lot area: 60 acres, except that the tract will be considered one contiguous parcel if subdivided by future public road rights-of-way.

(b) Lot width: 500 feet.

(c) Lot depth: 500 feet from any proposed right-of-way as shown on the Master Plan.

(d) Front yard setback on internal drives shall be 30 feet.

(e) Rear yard setbacks shall be 50 feet.

(f) Front and side yard setbacks shall be 50 feet from any public right-of-way, except there shall be 125 feet from any residentially zoned property or residential use other than where land fronts Route 206.

(g) Not withstanding the front and side yard setback requirements of this section, the minimum distance between buildings shall be 1 1/2 times the height of the buildings, except that where buildings of unequal height are involved the minimum distance shall be computed using the highest building. Building adjoined by a full width canopy or roof connection shall be no less than 25 feet apart.

(h) The minimum size of individual tenant or use shall be 2,000 square feet.

(2) Area, yard and bulk regulations (maximums).

(a) Total impervious surface coverage shall not exceed 60% on the entire tract.

(b) Building height shall not exceed 45 feet.

(c) Outdoor garden center(s) attached to a building(s) with an aggregate area not exceeding 3% of the permitted gross floor area pursuant to Subsection F(2)(d) shall not be credited against the permitted gross floor area. To the extent the area of outdoor garden center(s) exceeds 3% of the permitted gross floor area pursuant to Subsection F(2)(d), said excess shall be credited against the permitted gross floor area in calculating the total area under roof of all tenants and uses.

(d) Floor area ratio shall not exceed 10% excluding outdoor garden centers attached to a building.

(e) The maximum single building size shall not exceed 50% of the total floor area ratio (FAR) permitted by this section unless by use of varied architecture or staggered facades or pedestrian spaces such as plazas and walkways the appearance of multiple buildings is achieved. In that event the maximum building size may be increased to 75% of the floor area ratio (FAR) permitted by this section.

(f) The maximum size of any individual tenant or use may not exceed 125,000 square feet under roof. An individual tenant or use may have an attached outdoor garden center, which may exceed 3% of the permitted gross floor area without reducing the size of the individual tenant or use under roof provided there is the appropriate credit elsewhere in the development against the permitted gross floor area as provided in Subsection F(2)(c) above, and subject to the other limiting regulations of this chapter.

G. Design standards for community shopping centers.

(1) A comprehensive design for the entire tract must be approved as a single development. Phasing, although permitted, must be shown on the preliminary plan.

(2) Planned commercial development must be located along Route 206 and at the intersection with at least one major collector road.

(3) The design of the planned commercial development must be based upon a unified comprehensive architectural and landscaping theme.

(4) The comprehensive design must have a sign manual as a part of the architectural concept in accordance with the existing ordinance.

(5) Exterior materials shall be selected for suitability to the type of buildings and the design in which they are used and use of masonry construction materials shall be encouraged. Buildings within the site which are visible from multiple vantage points within the site shall have all sides finished as facades, of matching architectural appearance, including a finished roof line and shielded heating and air conditioning units. The sides of buildings which are only visible from outside the site shall be treated with building materials, roof styles and colors which are visually compatible with the building's facade and shall incorporate architectural elements which approximate the facade treatment while not necessarily including windows or doors.

(6) Mechanical equipment and other utility hardware shall be properly screened from public view if placed on the roof.

(7) Ground level utility cabinets shall be properly screened with fence or landscaping or both.

(8) Exterior building lighting if any shall be part of the architectural concept.

(9) Public water and public sewer must be available.

(10) A minimum of 40% of the entire tract shall be used for open space, either landscaped or left in its natural condition. This shall include up to 16% of the entire tract which must be functional space not encumbered by wetlands, open waters or easements and which shall be reserved for public access and public purposes. If these lands are dedicated to the Township they shall be dedicated in proprietary fashion.

(11) Except for the standards cited, the planned community shopping center shall conform to Article IV, Design and Performance Standards, of this chapter. To the extent of any conflict between this section and said Article IV, this section shall control and supersede Article IV. Where conflicts arise, this section shall prevail.

(12) Buffer areas shall be at least 50 feet wide and are required along all property lines abutting any residential zone or residential use, and along street lines where residences or residential zoning is across the street. A ten-foot buffer shall be required around loading areas and trash collection points that do not abut a residential zone or residential use. Buffers shall be included as part of the setback standard.

(13) Included in the natural features of the site not utilized for construction may be, if requested by the Township, an outdoor pedestrian plaza suitable for public gathering which may include any combination of paved or natural pathway or lawn suitable for pedestrian use and shall include such appurtenances as seating, landscaping and lighting.

(14) Up to 10% of the total parking required in § 188-68 shall be designated available for park-and-ride use.

(15) Cross easements shall be reasonably made available to allow for vehicles and pedestrian access to adjoining lots fronting U.S. Route 206 or collector roadways.

(16) There shall be a comprehensive pedestrian access plan approved by the Planning Board. Such plan should encourage pedestrian activity, promote pedestrian safety and provide linkage to off-site sidewalks and paths.

(17) The plan must incorporate a mixture of uses to provide a variety of services in one of two options to be selected by the applicant as follows. Percentages shall be based on the floor area ratio (FAR).

[Amended 4-9-2002 by Ord. No. 2002-9]

(a) Option A. Under Option A, the plan may have a maximum of up to 89% retail use and, must also have at least 4% for the sale of prepared food products, including restaurants and fast-food establishments, and must also have at least 5% office uses and must also have at least 2% of any combination of food services, office or entertainment/recreation.

(b) Option B. Under Option B, the plan may have a maximum of up to 94% retail use and must also have at least 4% for the sale of prepared food products, including restaurants and fast-food establishments, and must also have at least 2% of any combination of food services, offices, or entertainment/recreation.

(c) Under Option B, the applicant shall set aside and dedicate for public use an additional 2% of the gross tract area, in addition to the open space requirement under § 188-103G(10), for an area of contiguous usable open space not encumbered by wetlands, open waters or easements to be reserved for public access and purpose. Any such open space area shall be accessible to the general public through a right-of-way or easement dedication. The Township shall first be given the opportunity to obtain said open space by way of dedication from the applicant. Should the Township accept the dedication, the Township may use the open space for any permitted public purpose. Should the Township decline the dedication of the open space, ownership and maintenance of said open space shall be the responsibility of the property owner, and use of the open space shall be limited to passive or active recreational use or other uses consistent with the dedication for public access and purpose which shall be accomplished by way of a recorded deed restriction in a form approved by the Board Attorney.

(18) The developer must mitigate any municipal services which burden the development and are imposed upon the Township, not limited to police, fire and/or rescue squad.

H. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as the proposed improvements to the off-site road infrastructure are completed as provided in the Master Plan or until such time as the Township Engineer and the Planning Board by majority vote certify to the Township Committee that then-current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the area to be developed as compared to the district as a whole. Finds in the escrow account shall be expended by the Township for their intended purpose within five years of deposit or shall be returned with interest to the developer.

[Added 10-12-1982 by Ord. No. 82-13]

I. Subdivision of community shopping centers.

[Added 4-9-2002 by Ord. No. 2002-9]

(1) For the purposes of individual building and associated accessory use ownership, subdivision of approved community shopping centers in accordance with applicable Township ordinances and regulations, and other applicable law shall not be prohibited by the terms of this chapter. Any such subdivision shall be subject to Planning Board approval and submission and approval of the appropriate cross-easements as set forth in Subsection I(2) below. Any resolution of subdivision approval and any cross-easements shall provide that the type of use to be conducted on the subdivided area shall be such that the percentages of uses established for the entire community shopping center as set forth in § 188-1033G(17) will not be altered. The Planning Board shall consider subdivision of community shopping centers only after final site plan approval is granted.

(2) The board of jurisdiction shall condition final subdivision approval upon submission by the applicant, and approval by the Board Attorney, of a declaration of covenants and restrictions or other suitable instrument in recordable form setting forth the mechanisms by which issues common to the community shopping center will be addressed. Common issues may include, and by way of example and not limitation, access, security, outside cleaning and other routine external maintenance, external repainting, maintenance of the common areas and common open space, garbage collection and snow removal.

(3) Modifications to any improvements in an approved community shopping center shall require amended site plan approval for the entire community shopping center tract, regardless of any subdivisions of land that are made subsequent to site plan approval. Zoning and design standards that are in place for the entire community shopping center tract shall govern individual lots if so subdivided. No action to amend any previously approved site plan shall be taken by the Planning Board or by any other municipal body with jurisdiction until such time as evidence of consent to the application for amended site plan approval by all owners currently within the community shopping center is submitted to the Planning Board.

§ 188-104 HOO Home Occupation Office District.

[Added 9-25-1980 by Ord. No. 80-14; amended 7-14-1981 by Ord. No. 81-11; 10-12-1982 by Ord. No. 82-13; 6-24-1990 by Ord. No. 90-12]

A. Purpose. The purpose and intent of creating the Home Occupation Office District is to provide for home occupations and offices of small employment nature along portions of Route 206, Amwell Road and Hamilton Road. This zone is intended to act as a transition or buffer between large traffic volumes on Route 206 and Amwell Road and the high activity around and within the Township center area and present single-family uses. Strip retail and highway commercial uses and uses with extensive lighting, signing, art and traffic requirements are specifically not intended.

B. Permitted principal uses: existing dwellings:

(1) Single-family detached dwellings.

(2) Home occupations, as regulated in § 188-54.

(3) Conversion of existing residential structures to office uses, subject to site plan review and the following special requirements:

(a) The conversion of an existing residential structure to an office use shall only be permitted where the character of the existing structure is maintained and where all off-street parking and other requirements contained in this chapter are met.

(b) There shall be no physical evidence of said office use from the exterior of the building.

(c) The remodeling of any residential building in order to create an impression of business activity is prohibited.

(d) A freestanding sign shall be subject to § 188-83.

(e) At the time of site plan review, placement of an access drive shall be determined so as to allow for a future common drive with an adjacent residential parcel at one side yard. In addition, reservation of an access easement to allow for such a possibility at the opposite side yard may be required. Similarly, depending on lot configuration, rear yard cross-easements to permit for interconnection of parking areas may be required.

(f) No parking shall be permitted in the existing front yard of the dwelling.

(g) Rear and side yards shall be a minimum of 10 feet with adequate landscaping and/or screening to shield parking areas from adjoining lots.

(h) There shall be no minimum lot size on which a conversion may be permitted to occur; provided, however, that no lot existing at the time of adoption of this amendment[1] on which a conversion is proposed shall be further reduced in size.

[1] Editor's Note: Ord. No. 90-12, adopted 6-24-1990.

(4) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate

[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]

C. Accessory uses.

(1) Parking areas are required and shall be designed to be coordinated with adjoining lots with the ultimate goal of controlling the number of access points to Route 206 and Amwell Road. Toward this goal, access drives may be granted temporary approval to be removed when alternate access becomes available in the future.

(2) Trash and garbage collection areas.

(3) Loading areas.

D. Conditional uses.

(1) Vacant lots.

(a) Vacant lots in the HOO Zone may be developed for professional office use, subject to site plan review and the following standards:

[1] Minimum lot area: two acres.

[2] Minimum front yard: the minimum front yard shall be the lesser of 125 feet or the average setback of existing buildings on the same side of the street within 200 feet on each side of the lot, provided that no building shall be erected nearer than 50 feet to the street right-of-way line.

[3] Minimum side yards: 30% of the lot width but not less than 20 feet.

[4] Minimum rear yard: 50 feet.

[5] Maximum height: 35 feet.

[Amended 6-22-1993 by Ord. No. 93-21]

[6] Minimum lot width: 200 feet.

[7] Maximum lot coverage: 30%.

[8] Maximum floor area ratio: The maximum floor area ratio (FAR) shall be 4%.

(b) Additional standards for professional office use on any existing vacant lots:

[1] The professional office development shall be planned and designed as a single complex according to a comprehensive site development plan with internal site, building design and maintenance controls.

[2] Individual offices shall have a minimum floor area of one thousand square feet. No individual office building shall exceed a maximum floor area of 4,000 square feet. The average floor area for office buildings shall not exceed 2,000 square feet.

[3] The distance, at the closest point, between any two office buildings shall not be less than 20 feet.

[4] A comprehensive signage plan shall be provided which covers the overall project identification and the individual building/tenant identification. All signage must be consistent with the small-scale professional office character. A signage hierarchy shall be established which allows for the largest signage for the project identification and the smallest signage for individual tenant identification.

[5] All office buildings shall be designed and constructed to provide architectural and land use consistency to reflect the character of the surrounding neighborhood.

(2) Nurseries and garden centers with ancillary uses, including the sale and repair of lawn and garden equipment, the sale of hardware and parts for lawn and garden equipment, the sale of landscape supplies and equipment and the sale of propane, subject to the following standards:

[Added 3-8-2011 by Ord. No. 2011-03]

(a) Minimum lot area: five acres.

(b) Minimum lot width: 250 feet.

(c) Maximum impervious coverage: 35%.

E. Buffer areas: At least 35 feet along all property lines abutting any residential district and at least 20 feet wide around parking lots abutting streets and around all loading and trash collection points.

F. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as the proposed improvements to the off-site road infrastructure are completed as provided in the Master Plan or until such time as the Township Engineer and the Planning Board by majority vote certify to the Township Committee that then-current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the area to be developed as compared to the district as a whole. Funds in the escrow account shall be expended by the Township for their intended purpose within five years of deposit or shall be returned with interest to the developer.

§ 188-105 O-5 Office/Research District.

[Amended 12-26-1978 by Ord. No. 78-23; 9-25-1980 by Ord. No. 80-14]

A. Purpose. The purpose of the O-5 Office/Research District is to provide employment opportunities of a light manufacturing and office nature which are compatible with a transition area between industrial uses, major transportation routes and residential neighborhoods.

[Amended 7-14-1981 by Ord. No. 81-11]

B. Permitted principal uses.

(1) Offices and office buildings.

(2) Research laboratories.

(3) Fiduciary institutions.

(4) Hospitals, medical centers and veterinary hospitals.

(5) Farms and agricultural uses, as allowed in § 188-98B.

(6) Light manufacturing which involves processing, assembly or packaging of material completely within an enclosed building but which does not involve refinement of bulk raw material. Outside storage is prohibited.

(7) Mortuaries.[1]

[1] Editor's Note: Former Subsection B(7), utilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection B(8) through (10) as Subsection B(7) through (9), respectively.

(8) Freestanding restaurants and restaurants located in multi-use buildings, not including drive-through facilities.

[Amended 6-23-2009 by Ord. No. 2009-23]

(9) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.

[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]

C. Accessory uses.

(1) Parking areas.

(2) Trash and garbage collection areas.

(3) Loading areas.

D. Area, yard and bulk regulations.

(1) Minimum lot area. The minimum lot area shall be five acres.

(2) The minimum lot depth and width shall be 300 feet.

(3) Minimum front yard. The minimum building setback for all principal permitted uses, except light manufacturing, shall be 125 feet. The light manufacturing front yard shall be 175 feet.

(4) Minimum side yards. The minimum side yards for all principal permitted uses except light manufacturing shall be 100 feet. The light manufacturing side yard shall be a minimum of 125 feet, except that the two side yards shall equal the equivalent of at least 30% of the lot width. Buildings erected higher than two stories shall have a minimum setback of five times the building height when adjoining a residential zone.

[Amended 7-14-1981 by Ord. No. 81-11]

(5) Minimum rear yard: 125 feet. Where the building is erected higher than two stories, the setback shall be five times the building height from any residential zone.

(6) Maximum height shall be 40 feet (absolute).

[Amended 6-22-1993 by Ord. No. 93-21]

(7) Maximum lot coverage by buildings and impervious surfaces shall be 50%.

(8) Maximum floor area ratio (FAR) shall be 0.3. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating the permitted density allowable for that building or structure.

[Amended 8-14-1990 by Ord. No. 90-14]

(9) Buffer areas shall be at least 100 feet wide along all property lines abutting any residential district and along street lines where residences or residential zoning is across the street. Buffer areas at least 20 feet wide shall be required around loading and trash collection points and around parking lots abutting streets.

(10) Office parks. Office parks shall be 50 acres or more, and the average lot size shall be not less than five acres. No lot shall be less than two acres, and for those lots less than five acres in size, an equivalent number of lots greater than five acres shall be developed so that the average lot size shall not be less than five acres. No lot of less than five acres shall be approved unless the application includes one or more lots greater than five acres to maintain the required average lot size. No lot less than five acres shall have less than 300 feet of street frontage on a street improved to the Township specifications, and each lot shall be served by water, sewerage and drainage improvements, all improved to Township specifications.

E. Conditional uses.

[Amended 6-10-1986 by Ord. No. 86-8; 12-10-1991 by Ord. No. 91-28; 6-23-2009 by Ord. No. 2009-23]

(1) Heliports, subject to compliance with the applicable requirements as contained in § 188-53.

(2) Conditional uses as set forth in Subsection C(1)(a), (b), (c), (d) and (h) [excluding Subsection C(1)(e), (f) and (g)] of § 188-113, CDZ Corporate Development Zone, shall be permitted in the O-5 Office/Research District, provided that any such conditional use from the CDZ District to be erected in the O-5 District and not already erected in the O-5 District shall be designed in accordance with the CDZ regulations and design concepts.

F. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as the proposed improvements to the off-site road infrastructure are completed as provided in the Master Plan or until such time as the Township Engineer and the Planning Board by majority vote certify to the Township Committee that then-current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the area to be developed as compared to the district as a whole. Funds in the escrow account shall be expended by the Township for their intended purpose within five years of deposit or shall be returned with interest to the developer.

[Added 10-12-1982 by Ord. No. 82-13]

§ 188-106 I-1, I-2 and I-3 Light Industrial Districts.

[Amended 12-26-1978 by Ord. No. 78-23; 12-22-1981 by Ord. No. 81-21; 8-10-1982 by Ord. No. 82-11; 10-12-1982 by Ord. No. 82-13; 6-10-1986 by Ord. No. 86-8; 8-14-1990 by Ord. No. 90-14; 6-22-1993 by Ord. No. 93-21; 9-9-2008 by Ord. No. 2008-29; 3-10-2009 by Ord. No. 2009-07; 6-23-2009 by Ord. No. 2009-23; 6-23-2009 by Ord. No. 2009-25; 9-22-2009 by Ord. No. 2009-29; 9-22-2009 by Ord. No. 2009-31; 12-22-2009 by Ord. No. 2009-42]; 9-14-2010 by Ord. No. 2010-26; 3-28-2017 by Ord. No. 2017-02; 12-10-2019 by Ord. No. 2019-20; 2-11-2020 by Ord. No. 2020-01; 7-13-2021 by Ord. No. 2021-12; 6-13-2023 by Ord. No. 2023-08; 2-24-2026 by Ord. No. 2026-01]

A. Purpose.

(1) The purpose of the I-1 and I-2 Light Industrial Districts is to create zoning districts recognizing the existing pattern of small industrially oriented facilities, allowing the remaining vacant lots in the same areas to be developed with similar uses and providing areas for modest industrial operations.

(2) The purpose of the I-3 Light Industrial District is to create a zoning district with a mix of high quality uses. The zone shall encourage innovative building and design and extraordinary uses of topography and landscape within the prescribed standards of the zone. Of extreme importance will be considerations of the effects of one building upon another and upon abutting residential zones. Use of berms, changes of grade, intense use of landscaping and use of earthtone building materials shall be required.

B. Principal permitted uses.

(1) Offices and office buildings.

(2) (Reserved)

(3) Assembling finished products completely within an enclosed building.

(4) Research.

(5) Lumberyards.

(6) Freestanding restaurants and restaurants located in multi-use buildings, not including drive-through facilities.

(7) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.

(8) Contractor facilities.

(9) Indoor recreation facilities.

(10) Medical offices and veterinary hospitals.

(11) Retail sales of goods and services limited to products manufactured by that company, such as a service center for office computers or copying machines, or the retail sale of secondhand, damaged or rejected products produced by the company, such as an outlet store, and which shall not exceed 5% of the gross floor area.

(12) Fiduciary institutions.

(13) Small scale storage and distribution.

(14) The manufacturing, processing, finishing and assembly of products completely within an enclosed building.

C. Accessory uses.

(1) Parking.

(2) Trash and garbage collection areas.

(3) Loading.

(4) Outdoor storage, as regulated in § 188-69.

D. Conditional uses.

(1) Vehicle service facility.

(a) All lubrication, repair or similar activities shall be performed within a building or enclosed structure, and no dismantled parts shall be stored or displayed outside of a building or enclosed structure.

(b) No junked motor vehicle or part thereof, or such vehicles incapable of normal operation on a roadway, shall be permitted on the premises of the vehicle service facility.

(c) There is one parking space required for each employee plus two spaces for each service bay.

(d) The minimum building setback is 75 feet to any residential zone boundary or residential lot line.

(e) A minimum sixty-foot buffer shall be provided to any adjoining property line. Such buffer shall be reviewed by the appropriate land use board to determine if the existing vegetation is sufficient to provide a year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or a fence and/or a berm, as appropriate. A conservation easement shall be established by the applicant to include the required buffer area, subject to approval by the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

(2) Heliports in the I-2 District only, subject to compliance with the applicable requirements contained in § 188-53.

(3) (Reserved)

(4) Dispatch services.

(a) Minimum lot size: two acres.

(b) Minimum lot width: 200 feet.

(c) Minimum front yard: 50 feet.

(d) Minimum side yard: 25 feet.

(e) Minimum rear yard: 150 feet.

(f) Maximum impervious coverage: 60%.

(g) Maximum building height: 35 feet.

(h) Minimum buffer: 20 feet, except that a minimum fifty-foot buffer is required where located adjacent to a residential zone boundary or to an existing residence lot line.

(i) The minimum number of off-street parking spaces for dispatch services shall be 3.5 spaces per 1,000 square feet of usable floor area.

(5) Internet vehicle processing facility is permitted in the I-1 District only. Except as modified by the specific conditional use standards as provided below, the general area, bulk and yard requirements for the I-1 District shall apply.

(a) Minimum lot size: 7.5 acres.

(b) Minimum lot width: 225 feet.

E. Area, yard and bulk regulations.

(1) Minimums.

		District
	Regulation	I-12	I-2	I-32
	Lot area1	1 acre	2 acres	2 acres
	Lot width	200 feet	300 feet	200 feet
	Lot depth1	200 feet	300 feet	300 feet
	Front yard1	50 feet	75 feet (125 feet fronting Route 206)	50 feet (125 feet fronting Route 206)
	Side yard	25 feet each	50 feet each	25 feet each3
	Rear yard	50 feet	100 feet	150 feet

	NOTES:
	1 None of these dimensions shall include any of that portion of the lot included in either any existing street or any proposed street widening shown on the Master Plan.
	2 Any lot having frontage on Route 206 shall conform to the I-2 standards.
	3 Any lot having frontage on major collector roads shall have side yards of 50 feet each.

(2) The maximum lot coverage by buildings and impervious surfaces shall be 60%.

(3) The maximum building height shall be 35 feet.

(4) Buffer areas.

(a) For I-1 and I-2 Districts, buffer areas shall be at least 20 feet wide and are required along all property lines abutting residential districts, around loading and trash collection points visible from abutting residences or residential zoning districts or public streets, around parking lots abutting streets and along street lines where residences or residential zoning is across the street, except that no buffer shall be required along a lot line or zoning district line abutting an active railroad.

(b) For I-3 Districts, buffer areas shall be at least 100 feet wide and are required along all property lines abutting residential districts, around loading and trash collection points visible from abutting residences or residential zoning districts, around parking lots abutting streets and along street lines where residences or residential zoning is across the street.

(5) Each lot shall have frontage on an improved public street.

(6) Maximum loading docks: one per 5,000 square feet.

F. Performance standards. Standards shall be the same as those in § 188-107G.

G. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as the proposed improvements to the off-site road infrastructure are completed as provided in the Master Plan or until such time as the Township Engineer and the Planning Board by majority vote certify to the Township Committee that then-current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the area to be developed as compared to the district as a whole. Funds in the escrow account shall be expended by the Township for their intended purpose within five years of deposit or shall be returned with interest to the developer.

H. Multifamily Inclusionary Overlay District.

(1) Purpose, applicability, and affordable housing obligation.

(a) The purpose of the Multifamily Inclusionary Overlay District is to provide an incentive for the construction of affordable multifamily housing in the I-3 District. The standards are intended to offer maximum flexibility for site design and selection of dwelling unit types in order to offer a balanced housing pattern attractive to all income and age segments of the community as part of the Township's fair share housing plan for meeting the region's low- and moderate-income housing needs.

(b) This overlay district applies to Lot 1.05 in Block 58 on the Hillsborough Township Tax Map, which must be planned and developed as a single tract to qualify for the overlay option. For the purposes of this section, a "tract" is defined as an area of land comprised of one or more adjacent lots which together have sufficient dimension and area to make one parcel of land meeting the requirements of this section for the uses intended.

(c) A minimum of 24% of the total number of residential units shall be low- and moderate-income units in accordance with applicable affordable housing regulations, including but not limited to Article VII of this chapter, and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this subsection, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income). In no case shall there be less than 23 low- and moderate-income units provided on the tract, regardless of the total number of units constructed.

(2) Permitted principal uses in the overlay district: Multifamily residential buildings. The total number of dwelling units on the tract shall not exceed 96 units.

(3) Permitted accessory uses in the overlay district.

(a) Garages, storage sheds, maintenance offices, property management offices, and noncommercial community recreational facilities associated with residential communities.

(b) All other uses customarily incidental and accessory to a multifamily residential community.

(4) Tract requirements. The minimum tract size shall be 13 acres.

(5) Yard and bulk requirements for multifamily buildings.

(a) Minimum lot size: 13 acres.

(b) Minimum lot frontage: 300 feet on Campus Drive.

(c) Minimum lot depth: 400 feet.

(d) Minimum building setback: 50 feet from tract boundary; 12 feet from the closest point of the building to the curb along all internal streets.

(e) Maximum total impervious coverage (entire tract): 30%.

(f) Maximum building height.

[1] Multifamily dwellings: 45 feet/three stories. Architectural features that enhance the appearance of the building and do not contain usable floor area may extend to 50 feet in height. Architectural features include but are not limited to cupolas and towers.

[2] Accessory buildings: 20 feet.

(g) Maximum building length: 150 feet.

(h) Minimum building-to-building distance requirements: 20 feet, except for accessory structures/buildings.

(6) Parking requirements.

(a) Parking shall be provided in accordance with the Residential Site Improvement Standards (RSIS).

(b) All parking areas shall be set back at least 15 feet from a property line. In addition, parking that is potentially visible from a residential or institutional use shall be appropriately screened by a combination of landscaping, berms and/or fencing that is acceptable to the applicable reviewing board.

(c) The interior of parking lots shall be landscaped to provide shade and visual relief. Each row of 10 adjacent spaces shall be separated from the next space by a five-foot-wide, ten-foot-long tree peninsula, which shall contain, at a minimum, one deciduous street tree and appropriate ground cover.

(7) Signs. A signage program shall be established as part of the development review and approval process, pursuant to the requirements contained in § 188-83G, unless otherwise noted below.

(a) There shall be a consistent sign design theme throughout the development. A unifying design theme shall include style of lettering, method of attachment, construction material, size, proportion and lighting. Signs shall be a subordinate, rather than a predominant, feature of any building.

(b) A comprehensive signage plan shall be provided which covers overall project identification, individual building identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions.

(c) The tract may have one permanent entry sign with a maximum area of 20 square feet and shall not exceed a height of four feet. The permanent sign shall be located near the entrance drive, but shall not be located within any sight triangles nor closer than 20 feet from a public right-of-way.

(8) Open space requirements.

(a) No less than 40% of the total tract area shall be devoted to a contiguous, uninterrupted conservation and/or open space area. Required open space may include natural areas such as forests, fields, flood hazard areas, watercourses, water bodies, stream corridors, wetland areas, wetland buffer areas, and detention basins.

(b) No land disturbance, improvements, structures, and/or installations of any kind shall be permitted within the required open space. No trash, waste, and/or any other materials shall be deposited or stored, or allowed to be deposited or stored, anywhere within the open space area. No buildings or structures of any description shall be located or erected within the open space other than the improvements and drainage facilities permitted herein.

(c) Bicycle and pedestrian trails, fencing, security lighting, and utilities servicing the development (both above and below ground) may be provided in the required open space.

(d) The regular and customary maintenance of vegetation and facilities within the open space shall be conducted by a private association, including, but not limited to: lawn maintenance; planting and mulching of landscape beds; tree maintenance; removal of dead or diseased trees or limbs; removal of invasive plant species; pond and stormwater facility maintenance to preserve or improve water quality; cleaning, improvement, and protection of drainage systems; site stabilization measures; and similar improvements to keep the open spaces fully clean and maintained. All maintenance activities located within designated wetland areas shall be subject to and comply with all NJDEP rules, regulations and restrictions.

(9) Supplemental regulations.

(a) A landscape plan shall be provided for the entire site and shall be prepared by a licensed landscape architect.

(b) Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. Exterior building design shall be coordinated with regard to color, types of materials, architectural form, modulated facades, and detailing.

(c) There shall be a minimum 100-foot buffer adjacent to any residential district or any existing residential use. Such buffer shall be reviewed by the applicable approving board to determine if the existing vegetation provides a sufficient year-round screen or if the existing vegetation needs to be enhanced by a combination of additional plantings, fencing and berms. Once all screening and landscaping improvements are completed, a conservation easement shall be established by the applicant for the buffer area and delineated with signage according to Township regulations.

(d) Fencing may be included on the perimeter of the tract, or within the tract, provided that the fencing is of an architecturally compatible design and consistent throughout the tract. Solid fences are prohibited except when used for screening purposes. No fence shall exceed a height of five feet above finished grade unless otherwise indicated herein.

(e) An internal pedestrian circulation system shall be provided. Appropriate sidewalks, pavement treatments, crosswalks, and signage shall be provided. A pedestrian walkway and enhanced crosswalks shall connect the internal pedestrian system to the on-site community facilities.

(f) The following standards shall apply to trash enclosures:

[1] All trash and recycling storage areas shall be screened from the public view at the ground level using brick or masonry walls, solid wooden fences or simulated wooden (e.g., PVC) fences and perimeter landscaping on three sides and a compatible gate design on the fourth side. All dumpsters shall have a secure lid.

[2] Masonry walls shall be textured to blend into the overall design of the project. Wood fencing shall be constructed of cedar or high-grade pressure-treated pine. The height of the screening walls shall be six feet.

[3] Trash enclosures shall be located at least 20 feet from any property line.

(g) Any phasing of the project shall be subject to approval of a phasing plan by the applicable board submitted with the site plan application.

(h) There shall be a fifty-foot buffer for the stream corridor that is located on the property. The Township's Stream Corridor Ordinance, which provides for a 150-foot buffer, shall not be applicable.

(i) There shall not be any obligation on the developer of the project to provide a downstream drainage study with respect to the viability of the forty-two-inch pipe that is located under Dukes Parkway.

I. Nonconforming structure.

(1) Any principal or accessory structure lawfully created which shall accidentally be destroyed may be replaced in the same location as it occupied under the same specifications on the lot immediately prior to said accidental destruction and shall not constitute a nonconforming structure.

§ 188-107 GI General Industrial District.

[Amended 12-26-1978 by Ord. No. 78-23; 9-25-1980 by Ord. No. 80-14; 5-25-1999 by Ord. No. 99-25]

A. Purpose. The purpose of the GI Industrial District is to provide areas where a wide range of industrial uses are permitted within the limits of design and environmental regulations. This district is located conveniently to the Route 206/Reading Railroad corridor, where some scattered industry now exists but where the potential for industrial growth is good due to convenient transportation routes, utility services and population proximity. Additionally, portions of the GI Industrial District within the identified Town Center and in or abutting the identified Main Street core can provide for small scale age restricted planned development where access to U.S. Route 206 and retail services is available within convenient walking distance and where compatible with adjacent uses.

B. Principal permitted uses.

(1) Offices and office building.

(2) (Reserved)[1]

[1] Editor's Note: Former Subsection B(2), Warehousing, shipping and receiving, was repealed 6-13-2023 by Ord. No. 2023-08.

(3) Research.

(4) The manufacturing, finishing and assembly of products.

(5) Outside manufacturing operations, provided that their location conforms to the setbacks for a principal structure and that they are buffered or screened according to the provisions of § 188-69, Outdoor storage, including non-motor vehicles, in Article IV.[2]

[Amended 3-10-2009 by Ord. No. 2009-07]

[2] Editor's Note: Former Subsection B(5), utilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection B(6) through (14) as Subsection B(5) through (13), respectively.

(6) Hotels, motels and restaurants.

(7) (Reserved)[3]

[3] Editor's Note: Former Subsection D(3), relating to uses permitted in the ED Economic Development District, was repealed 12-22-2009 by Ord. No. 2009-42.

(8) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.

[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]

(9) Contractor facilities.

[Added 6-23-2009 by Ord. No. 2009-25]

(10) Indoor recreation facilities.

[Added 12-22-2009 by Ord. No. 2009-42]

(11) Medical offices and veterinary hospitals.

[Added 12-22-2009 by Ord. No. 2009-42]

(12) Retail sales of goods and services limited to products manufactured by that company, such as a service center for office computers or copying machines, or the retail sale of secondhand, damaged or rejected products produced by the company, such as an outlet store, and which shall not exceed 5% of the gross floor area.

[Added 12-22-2009 by Ord. No. 2009-42]

(13) Fiduciary institutions.

[Added 12-22-2009 by Ord. No. 2009-42]

C. (Reserved)[4]

[4] Editor's Note: Former Subsection C, Conditional uses, as amended, was repealed 6-23-2009 by Ord. No. 2009-23.

D. Prohibited uses. See § 188-97.

[Amended 12-22-1981 by Ord. No. 81-21]

E. Accessory uses.

(1) Parking.

(2) Trash and garbage collection areas.

(3) Loading.

(4) Outdoor storage, as regulated in § 188-69.

[Added 3-10-2009 by Ord. No. 2009-07]

F. Area, yard and bulk regulations. Principal permitted uses.

(1) Minimums.

(a) Lot area: five acres.

(b) Lot width: 300 feet.

(c) Lot depth: 300 feet.

(d) Front yard: 150 feet.

(e) Side yard: 100 feet each.

(f) Rear yard: 100 feet.

(2) Maximums.

(a) The maximum building and impervious surface coverage shall be 50%.

(b) The maximum building height shall be 60 feet but not higher than the equivalent of 1/5 the setback from any residential zone boundary, whichever results in the lower structure.

(c) The maximum floor area ratio shall be 0.3. The floor area occupied in any building or structure, as a child-care center shall be excluded in calculating the permitted density allowable for that building or structure.

[Amended 8-14-1990 by Ord. No. 90-14]

(3) Buffer areas shall be at least 100 feet wide and are required along all property lines abutting any residential district and along street lines where residences or residential zoning is across the street. Buffer areas shall be at least 40 feet around loading and trash collection points and around parking lots abutting streets.

(4) Each lot shall have frontage on an improved public street, and no lot shall contain more than one principal use.

(5) Industrial or office park.

(a) An industrial or office park is a total tract comprehensively planned, designed and approved for industrial or office uses, whether or not the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots and/or tenants' parcels are set forth on a plan for the entire tract prior to construction on any portion of the tract. As development takes place in accordance with the approved plans, changes may be made in the plans for the undeveloped sections to accommodate subsequent land needs in the undeveloped sections, provided that the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities and are consistent with the intent and restrictions of the original approval.

(b) Industrial parks in the GI District shall be 25 acres or more. The average lot size for the park shall not be less than three acres. No lot shall be less than one acre. Lots of one acre must meet the area, yard, and bulk requirements of § 188-106 for the I-1 District. The minimum lot area for lots of two acres or larger will be a lot width of 175 feet, a front yard setback of 50 feet and a rear yard setback of 25 feet.

[Amended 7-14-1981 by Ord. No. 81-11]

(6) The following area and bulk standards shall apply to the Town Center age-restricted planned development:

(a) Maximum impervious surface (tract): 50%.

(b) Minimum lot dimensions (tract): neither the width, nor the depth shall be less than 500 feet.

(c) Minimum front yard (tract): 100 feet.

(d) Minimum side yard (tract): 50 feet.

(e) Minimum rear yard (tract): 50 feet.

(f) Maximum building height: 2 1/2 stories or 35 feet, whichever is less.

(g) Maximum units/building: six.

(h) Minimum distance between buildings: 30 feet.

G. Performance standards. Prior to the issuance of any building permit or certificate of occupancy for any use in this district, the applicant shall submit sufficient evidence to the Zoning Officer, and to the approving authority in connection with site plan review, showing compliance with the applicable approval procedures of all authorized governmental agencies and with all of the following regulations:

[Added 12-22-1981 by Ord. No. 81-21]

(1) Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters or the Township Construction Code and Fire Prevention Code,[5] whichever is more restrictive. All operations shall be carried on, and all combustible raw materials, fuels, liquids and finished products shall be stored, in accordance with the standards of said Board of Fire Underwriters.

[5] Editor's Note: See Ch. 145, Uniform Construction Codes, and Ch. 166, Fire Prevention Code, respectively.

(2) Radioactivity. Any activity which emits radioactivity at any point outside the confines of a building is prohibited.

(3) Smoke. There shall be no emission of visible smoke at any point from any chimney or otherwise.

(4) Fly ash, dust, fumes, vapors, gases. There shall be no emission which can cause damage to health, to animals or vegetation or other loss of property or which can cause any excessive soiling at any point. Emission of any solid or liquid particles in concentrations exceeding 0.2 grains per cubic foot of the conveying gas or air at any point is prohibited. For measurement of the amount of particles in gases resulting from combustion, correction shall be applied to a standard stack temperature of 500º F. and 50% excess air.

(5) Liquid or solid wastes.

(a) No industrial operation shall discharge untreated industrial wastes of any kind into any reservoir, pond, lake or detention or retention system. The discharge of untreated industrial wastes into a stream shall be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Township and New Jersey State Health Departments. Effluents shall at all times comply with the following standards:

[1] Maximum five-day biochemical oxygen demand: five parts per million.

[2] Maximum quality of effluent: 10% of minimum daily stream flow.

[3] Maximum five-day biochemical oxygen demand after dilution (BOD of effluent, multiplied by quantity of effluent, divided by quantity of stream flow): 0.25 part per million.

[4] Maximum total solids: 5,000 parts per million.

[5] Maximum phenol: 0.01 part per million.

(b) No effluent shall contain any other acids, oils, suet, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors or discolor, poison or otherwise pollute the stream in any way. The discharge and disposal of solid and liquid wastes into an underground drainage field shall be in accordance with plans and specifications as approved by the Township Engineer and state and local Boards of Health.

(6) Vibration. Air-induced vibration shall be limited to the sound-pressure levels permitted under the section below. No ground-transmitted vibration shall be generated which is discernible to the human sense beyond the immediate site on which such use is conducted.

(7) Noise: The use shall conform with Chapter 211, Noise.

[Amended 8-11-2015 by Ord. No. 2015-15]

(8) Conformance to standards of other governmental agencies. The standards herein set forth are additional and supplemental to such other governmental agencies and standards as may be applicable in any given situation. Whenever a development is subject to regulation by the New Jersey State Department of Health, New Jersey State Department of Environmental Protection, United States Environmental Protection Agency, United States Department of Labor Occupational Safety and Health Administration, United States Department of Transportation hazardous materials transport regulations or any other board, body or agency, the regulations and requirements of such other agency must also be met, and proof of permit or approval of such other agency shall be submitted to the approving agency of this Township.

(9) In acting upon any application for site plan in this district, the approving authority shall have the authority to order independent inspection, evaluations and reports; shall have the right, in addition to other terms and conditions of approval, to require periodic monitoring, inspections and reporting of and by the developer to ensure, not only that the performance standards of this chapter are met at the time of application but that same shall continue to be met and not violated; and that the operation is not and does not become a prohibited use as set forth in § 188-97. See also § 188-25E.

H. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as the proposed improvements to the off-site road infrastructure are completed as provided in the Master Plan or until such time as the Township Engineer and the Planning Board by majority vote certify to the Township Committee that then current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the area to be developed as compared to the district as a whole. Funds in the escrow account shall be expended by the Township for their intended purpose within five years of deposit or shall be returned with interest to the developer.

[Added 10-12-1982 by Ord. No. 82-13]

§ 188-107.1 LI Light Industrial District.

[Added 3-10-2009 by Ord. No. 2009-10; amended 6-23-2009 by Ord. No. 2009-25; 9-22-2009 by Ord. No. 2009-29; 9-22-2009 by Ord. No. 2009-31; 12-22-2009 by Ord. No. 2009-42; 6-7-2010 by Ord. No. 2010-15; 8-10-2010 by Ord. No. 2010-25; 12-18-2012 by Ord. No. 2012-28; 3-28-2017 by Ord. No. 2017-02; 10-11-2022 by Ord. No. 2022-17; 6-13-2023 by Ord. No. 2023-08; 2-25-2025 by Ord. No. 2025-02]

A. Purpose. The purpose of the LI Light Industrial District is to provide areas where a wide range of office, industrial and other nonresidential uses are permitted within the limits of design and environmental regulations. This district is located conveniently to the Route 206/freight rail corridor, where some industrial parks and scattered industry now exists but where the potential for industrial growth is good due to convenient transportation routes, utility services and population proximity. Transportation routes into and out of this district will improve because of the planned construction of the Route 206 Bypass with intersections at Hillsborough Road and at existing Route 206 and Mountain View Road.

B. Permitted principal uses. All uses shall be provided at a scale and size that is appropriate for the district. There may be more than one permitted principal use or structure on a lot, subject to compliance with § 107.1B to H below.

(1) Research and product development laboratories mainly devoted to research, design, and testing or experimentation, including processing or fabricating that is clearly subordinate to the principal uses, and specifically excluding the manufacturing, distribution or fabricating on the premises of materials or finished products for sale directly to the general public.

(2) Offices, including medical offices and veterinary hospitals.

(3) Computer centers, data processing and communications facilities.

(4) Pharmaceutical research and development operations, which includes discovery through clinical trials.

(5) Pilot plants, which are facilities used to test concepts and ideas and to secure other information prior to full-scale production.

(6) Solar, wind and other alternative energy research and development facilities.

(7) Small scale logistics.

(8) The manufacturing, processing, finishing and assembly of products completely within an enclosed building.

(9) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.

(10) Public playgrounds, conservation areas, parks and other public gathering places.[1]

[1] Editor's Note: Former Subsection B(10), regarding utilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection B(11) through (22) as Subsection B(10) through (21), respectively.

(11) Agriculture support service, subject to site plan review and the following specific requirements:

(a) Any fertilizers, pesticides, soil conditioners or other bulk chemicals not in individual containers or bags shall be housed in a secure, dry storage facility.

(b) Any mixing of dry agricultural chemicals and a solvent shall take place in a structure sufficiently large to securely contain the maximum amount to be mixed.

(12) Garden centers or plant nurseries.

(13) Home improvement centers.

(14) Farm markets.

(15) Contractor facilities.

(16) (Reserved)[2]

[2] Editor's Note: Former Subsection B(16), regarding ,Industrial or office park was repealed 2-25-2025 by Ord. No. 2025-02.

(17) Commercial instructional activities.

(18) Retail sales of goods and services limited to products manufactured by that company, such as a service center for office computers or copying machines, or the retail sale of secondhand, damaged or rejected products produced by the company, such as an outlet store, and which shall not exceed 5% of the gross floor area.

(19) Fiduciary institutions.

(20) Indoor recreation facilities and wellness centers.

(21) Freestanding restaurants and restaurants located in multi-use buildings, not including drive-through facilities.

(22) Large-format supermarkets.

C. Permitted accessory uses and structures.

(1) Uses customarily associated with the above permitted uses, provided that such uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

(2) Restaurants or cafeterias supplying meals only to employees and guests of a permitted use; as well as newsstands, post offices, health clubs, copy centers, credit unions and banking facilities and similar conveniences serving only employees and guests of the permitted uses.

(3) Conference center and in-service training school for on-site employees.

(4) Indoor and outdoor corporate recreation facilities, such as tennis courts, basketball courts, jogging paths and exercise stations and ball fields, provided that such uses, including any accessory buildings associated therewith, shall be planned as an integral part of the site and as a direct support to the permitted principal uses.

(5) Maintenance, utility and storage facilities subordinate to any permitted use.

(6) Surface parking and loading provided in conjunction with a permitted use.

(7) Bus stop shelters, bike racks, mailboxes, phone booths, waste receptacles, gatehouses, benches, kiosks, drinking fountains, art sculptures, plazas, water features and other pedestrian and transit amenities.

(8) Trash and garbage collection areas which are fully screened and constructed of materials that are compatible with the structure to which they are associated.

(9) Loading areas which are fully screened such that the screening materials are compatible with the structure to which they are associated.

(10) Outdoor storage may be provided in the side and/or rear yard in conjunction with a permitted use, such that a minimum twenty-foot buffer is required, except that a minimum sixty-foot buffer is required where located adjacent to any residential zone boundary or residential lot line. Such buffer shall be reviewed by the appropriate Board to determine if the existing vegetation is sufficient to provide a year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or fencing and/or a berm, as appropriate. A conservation easement shall be established by the applicant to include the required buffer area, subject to approval by the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

D. Conditional uses. Any buffer, bulk and parking requirements not specifically enumerated in this section for any conditional use shall be as required in Subsections E and F below.

(1) Automobile service facility.

(a) All lubrication, repair or similar activities shall be performed within a building or enclosed structure, and no dismantled parts shall be stored or displayed outside of a building or enclosed structure.

(b) No junked motor vehicle or part thereof, or such vehicles incapable of normal operation upon a roadway, shall be permitted on the premises of the automobile repair facility.

(c) There is one parking space required for each employee plus two spaces for each service bay.

(d) The minimum building setback is 75 feet to any residential zone boundary or residential lot line.

(e) A minimum sixty-foot buffer from any land disturbance shall be provided to any adjoining property line. Such buffer shall be reviewed by the appropriate Board to determine if the existing vegetation is sufficient to provide a year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or fencing and/or a berm, as appropriate. A conservation easement shall be established by the applicant to include the required buffer area, subject to approval by the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

(2) (Reserved)[3]

[3] Editor's Note: Former Subsection D(2), Indoor recreation facilities/wellness centers, was repealed 8-10-2010 by Ord. No. 2010-25. See now Subsection B(21).

(3) Gasoline service stations.

(a) Must be located at least 75 feet from any residential zone boundary or residential lot line.

(b) A minimum sixty-foot buffer from any land disturbance shall be provided to any adjoining property line. Such buffer shall be reviewed by the appropriate Board to determine if the existing vegetation is sufficient to provide a year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or fencing and/or a berm, as appropriate. A conservation easement shall be established by the applicant to include the required buffer area, subject to approval by the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

(c) There is one parking space required for each employee plus two spaces for each service bay.

(d) A retail convenience store may be provided in conjunction with a gasoline service station, provided that the following standards are followed:

[1] A minimum of 3.5 parking spaces is provided per 1,000 square feet of gross floor area.

[2] A screened trash enclosure must be located at least 75 feet from any property line.

(e) All lubrication, repair or similar activities shall be performed within a building or enclosed structure, and no dismantled parts shall be stored or displayed outside of a building or enclosed structure.

(f) No junked motor vehicle or part thereof, or such vehicles incapable of normal operation upon a roadway, shall be permitted on the premises of the gasoline service station.

(g) Auto repair may be provided in conjunction with a gasoline service station, provided that all repairs are conducted inside a building.

(4) Outside manufacturing operations:

(a) Minimum lot size: five acres.

(b) Minimum lot width: 300 feet.

(c) A minimum sixty-foot buffer is required to any adjoining property line, except that a minimum one-hundred-foot buffer is required to any residential zone boundary or residential lot line.

(5) Private recreation complex.

(a) Minimum lot size: 10 acres.

(b) Minimum lot width: 300 feet.

(c) Minimum buffer: 100 feet from any residential zone boundary or residential lot line.

(6) Self-service storage facilities.

(a) One ten-foot-wide parking and loading zone shall be provided adjacent to each bay of storage buildings, exclusive of required aisle widths.

(b) The minimum aisle width for access to storage units shall be a minimum of 24 feet for two-way travel and 15 feet for one-way travel, exclusive of parking and loading zones.

(c) An on-site office for the management of the facility is provided.

(d) Off-street parking shall be provided in the vicinity of the office at a ratio of one space per 50 units or part thereof.

(e) The storage facility shall not exceed one story in height or 15 feet, whichever is less.

(f) The storage facility shall be so designated so that no entryway into a storage unit shall face a public right-of-way.

(g) A minimum sixty-foot buffer is required to any adjoining property line. Such buffer shall be reviewed by the appropriate Board to determine if the existing vegetation is sufficient to provide a year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or fencing and/or a berm, as appropriate. A conservation easement shall be established by the applicant to include the required buffer area, subject to approval by the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

(7) Off-street parking in multistory structures, subject to the following standards:

(a) A parking structure no taller than 20 feet (i.e., on grade plus one elevated level) shall be a permitted conditional use if such structure is set back at least 100 feet from any tract boundary line. The parking garage may be higher in order to accommodate a roof with solar energy panels.

(b) Parking structures shall be architecturally compatible with primary on-site buildings and structures. The location of parking structures shall be limited by minimum setback requirements to assure adequate shielding from off-site views from surrounding residential neighborhoods. Ample landscape screening shall be provided by the applicant to soften visual impacts associated with the construction of parking structures.

(c) Parking structures shall be included as part of the building coverage calculation but shall not be included in the calculation of floor area ratio.

(d) The development phasing schedule shall include the construction of parking structures in one of the early phases and prior to the issuance of a certificate of occupancy for any of the last 50% of the associated land uses.

(8) Freestanding restaurants with drive-through facilities, subject to the following conditions:

(a) A drive-through service window shall not be located on the street side of the building or in front of the front building line and shall not encroach on any required buffers.

(b) A drive-through facility shall be limited to two service lanes and one bypass lane.

(c) A drive-through facility and associated signage shall be provided with landscaping to visually enhance views of the facility, signage and driveway as seen from the surrounding area.

(d) The stacking driveway for the drive-through window shall provide room for at least five automobiles and shall be separated from any off-street parking areas and their access aisles, loading areas or trash enclosures.

(e) A drive-through facility shall not adversely impede or conflict with pedestrian and/or vehicular circulation in the area.

(f) A drive-through service window shall be set back a minimum distance of 50 feet from the property line of any adjoining residential use or zone.

(g) Minimum parking shall be one space per three seats.

(9) Dispatch services.

(a) Minimum lot size: two acres.

(b) Minimum lot width: 200 feet.

(c) Minimum front yard: 50 feet.

(d) Minimum side yard: 25 feet.

(e) Minimum rear yard: 150 feet.

(f) Maximum impervious coverage: 60%.

(g) Maximum building height: 35 feet.

(h) Minimum buffer: 20 feet, except that a minimum fifty-foot buffer is required where located adjacent to a residential zone boundary or to an existing residence lot line.

(i) The minimum number of off-street parking spaces for dispatch services shall be 3.5 spaces per 1,000 square feet of usable floor area.

(10) Retail sales of goods and personal service establishments not otherwise permitted in § 188-107.1B, subject to the following conditions:

(a) The building(s) housing the retail sales and personal service establishments must be associated with and built in conjunction with a large-format supermarket as defined in § 188-3 and have direct pedestrian and vehicular connections to the supermarket.

(b) The maximum gross floor area of space dedicated to retail sales and personal service establishments shall be 20,000 square feet.

(c) The building(s) housing the retail sales and personal service establishments must have direct access to and/or frontage on Route 206.

(d) Minimum parking shall be three spaces per 1,000 square feet of gross floor area.

E. Area, yard, bulk and site perimeter requirements.

(1) Buffer requirements. A minimum twenty-foot buffer is required, except that a minimum sixty-foot buffer is required where adjacent to any residential district or existing residential use included as part of this requirement, unless otherwise indicated. Such buffer shall be reviewed by the appropriate Board to determine if the existing vegetation provides a sufficient year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or a fence or berm. Once all screening/landscaping improvements are completed, a conservation easement shall be established by the applicant for the buffer area, subject to approval by the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

(2) Fencing requirements. Fencing may be provided on the perimeter of the tract, or within the tract, provided that the fencing is of an architecturally compatible design and consistent throughout the tract. No fence shall exceed a height of five feet above finished grade.

(3) Area, yard and bulk regulations.

(a) Minimums:

[1] Lot area: two acres.

[2] Lot width: 200 feet.

[3] Lot depth: 250 feet.

[4] Front yard: The minimum front yard shall be 40 feet.

[5] Side yard: The minimum side yard shall be 20 feet. There shall be no internal side yard setback where multiple buildings occur on one lot.

[6] Rear yard: 75 feet.

(b) Maximums:

[1] Floor area ratio: 0.30.

[2] Total impervious coverage: 60%.

[3] Building height: two stories or 35 feet.

[4] Building size: 41,000 square feet. (The building size maximum shall not apply to large format supermarkets).

[5] Loading docks: 1 per 5,000 square feet.

(4) Industrial or office park, subject to site plan review and the following special requirements.

(a) All individual lots must comply with the area, yard, and bulk regulations.

[1] Minimums:

[a] Tract area: 20 acres.

[b] Individual lot area: one acre.

[c] Lot width: 200 feet.

[d] Lot depth: 200 feet.

[e] Front yard: The minimum front yard shall be 50 feet.

[f] Side yard: The minimum side yard shall be 25 feet. There shall be no internal side yard setback where multiple buildings occur on one lot.

[g] Rear yard: 50 feet.

[2] Maximums:

[a] Floor area ratio: 0.30.

[b] Total impervious coverage: 60%.

[c] Building height: two stories or 35 feet.

[d] Building size: 41,000 square feet.

[e] Loading docks: 1 per 5,000 square feet.

F. Off-street parking requirements.

(1) The minimum number of required off-street parking spaces for the permitted uses in the LI District is as follows:

(a) Office: three spaces per 1,000 square feet of usable floor area.

(b) Medical office, veterinary hospital: four spaces per 1,000 square feet of usable floor space.

(c) Child-care center: one space per employee plus one space per 10 children enrolled.

(d) Public uses, including municipal, county and state-owned facilities: four spaces per acre or portion thereof.

(e) Research and development facilities, computer centers, data processing and communications facilities and pilot plants: 2.5 spaces per 1,000 square feet of usable floor area.

(f) Catering facilities: four spaces per 1,000 square feet of usable floor area.

(g) Indoor recreation/wellness facilities and private recreation complexes: 3.5 spaces per 1,000 square feet of usable floor area.

(h) Contractor facilities: 2.5 spaces per 1,000 square feet of usable floor area.

(i) Manufacturing uses: one space per 1,500 square feet of usable floor area.

(j) (Reserved)[4]

[4] Editor's Note: Former Subsection F(1)(j), regarding parking requirements for warehousing uses, was repealed 6-13-2023 by Ord. No. 2023-08.

(k) Large-format supermarkets shall have four spaces per 1,000 square feet of gross floor area.

G. Supplemental regulations to the LI District.

(1) The requirements contained in §§ 188-167 to 188-175L of the Architectural and Site Design Overlay Zone shall apply, except as otherwise provided in the LI District requirements.

(2) Site building standards.

(a) Building placement, front setback.

[1] Service areas and any new parking shall be located in the side or rear yards with the exception that a portion of the required parking for a large-format supermarket may be located in the front yard. The maximum amount of front-yard parking will be determined by the reviewing board during the site plan review process based on circulation patterns and the project's adherence with other applicable Architectural and Site Design Overlay standards.

(b) Building placement, orientation.

[1] Buildings and site improvements shall be designed to minimize changes to existing topography and mature vegetation.

[2] The primary entrance of each building shall accommodate pedestrian access from the streets as well as from the parking lots.

[3] Secondary public entrances, if provided, shall be designed in a manner consistent with primary entrances if visible from public streets or parking lots.

(c) Vehicular and pedestrian access.

[1] A maximum of one curb cut shall be allowed for lots with street frontage less than or equal to 500 feet. One pair of one-way curb cuts shall count as one curb cut.

[2] For lots with street frontage greater than 500 feet, one additional driveway opening per 250 feet of street frontage shall be allowed.

[3] The maximum width of curb cuts shall be 12 feet for one-way drives and 24 feet for two-way drives. Wider curb cuts with landscaped medians may be allowed for multidirectional traffic on lots with street frontage greater than 250 feet or for shared driveways.

[4] Shared driveways that serve more than one property may be provided where deemed appropriate by the Planning Board or Board of Adjustment. Cross-access shall be required between adjoining properties.

[5] Bicycle connections to the primary public entrance of the building shall be provided where a public sidewalk or bikeway is adjacent to the property.

[6] To the greatest extent possible, all portions of the development shall be linked via a sidewalk and pathway network as approved by the Planning Board or Board of Adjustment; the site shall be pedestrian-oriented, with a design that enables and encourages pedestrian and bicycle circulation, with linkages to surrounding areas. The applicant shall utilize the Master Plan in developing a pedestrian and bicycle pathway network. Bicycle storage facilities shall be provided.

(3) Route 206 right-of-way. The following are specific requirements for the property fronting along Route 206:

(a) The right-of-way shall be at least 86 feet.

(b) A five-foot-wide sidewalk and ten-foot-wide planting strip between the sidewalk and right-of-way, with street trees and curbing, shall be provided along property frontage.

(c) On-street parking is prohibited.

(4) Landscaping.

(a) A landscape plan shall be provided for the entire site and shall be prepared by a licensed landscape architect.

(b) All trees planted in front of the front building line shall be at least three inches in diameter for single-stemmed trees, or 10 to 12 feet in height for multistemmed trees, at the time of planting. All other trees shall be 2 1/2 inches in diameter at the time of planting, unless otherwise provided by these standards.

(c) Existing trees having a DBH (diameter at breast height, measured at 4 1/2 feet above ground level) over six inches shall be preserved unless removal is approved by the Planning Board or Zoning Board of Adjustment. If a preserved tree dies, it must be replaced with a two-and-one-half-inch-diameter tree of the same or similar tree species, subject to approval by the Township Planning Department.

(d) Impervious materials shall not be placed over the critical root zone of a preserved tree. The critical zone is a ratio of one inch DBH to one foot radius around the tree.

(e) All exposed soil areas shall be covered with bark, mulch, or other weed-control measures.

(f) A single row of canopy trees shall be planted along property lines abutting a street at a ratio of one tree for every 40 linear feet within a minimum ten-foot-wide planting strip.

(g) Canopy trees shall be planted within the front yard setback area.

(h) In addition to the required street trees, the front yard of any nonresidential or mixed property shall be landscaped with appropriate plantings in order to provide a green strip along the Route 206 frontage. This shall include appropriate plantings as part of any stormwater management facility that may be located in the front yard. The use of stone similar to that incorporated into the wall found along the Route 206 frontage of the Duke Estate is encouraged to be likewise utilized as part of any low screening wall, fence, sign base or similar feature intended to supplement the landscaping in the front yard, as appropriate.

(5) Off-street parking site design.

(a) Parking areas shall be designed as a series of smaller lots that provide space for no more than 20 cars for double-sided parking and 10 cars for single-sided parking. The small parking lots shall be separated by minimum five-foot-wide internal planting areas that feature trees planted in grass or other approved landscape material.

(b) Parking areas shall be located in the side or rear yards and not in front of the buildings.

(c) All parking areas, where visible from a public street, shall be screened by a five-foot-high solid wall, architectural fence and/or solid evergreen hedge.

(d) One canopy tree shall be provided at a ratio of one tree to every four parking spaces in that area.

(e) Each parking space shall be within 50 feet of the trunk of a planted or retained tree.

(f) Where slopes over 5% exist, parking bays shall be terraced, with planting between changes in level.

(g) Where over 50 parking spaces are provided, pedestrian pathways identified with smaller-scale pavement (pavers or scoring) oriented toward the principal building entrances shall be provided.

(h) Each separate planting area shall have a minimum of 150 square feet per tree and shall have a minimum dimension of at least five feet.

(i) In addition to required trees, planting areas shall be landscaped with shrubs, ground cover, or other approved landscaping material not exceeding 3 1/2 feet in height.

(j) Where parking is adjacent to a public right-of-way, a ten-foot-wide landscape buffer shall be provided between the edge of the right-of-way and the edge of the parking lot. In addition to the required trees, the buffer shall consist of one of the following:

[1] One shrub per every three linear feet.

[2] Berm with a three-foot minimum height, which shall be planted with ground cover, shrubs and trees.

(k) Parking areas shall be designed to be interconnected with adjacent properties and shall utilize common entrances and exits where feasible to minimize access points to the street. Such interconnections shall be established through an appropriate cross-access easement. The use of rear lanes or commercial service roads is encouraged to avoid individual curb cuts onto Route 206.

(l) Shared parking shall be encouraged. The Planning Board or Board of Adjustment, as appropriate, may approve an equivalent parking ratio based upon shared parking and use of cross-access easements with the off-street parking of an adjacent tract within the ASD Overlay Zone.

(m) Large undivided parking areas are prohibited. Large parking areas should be functionally divided by internal circulation corridors or aisles to establish several smaller lots to prevent random or high-speed movements and to provide for the planting of street trees and other landscaping. The recommended maximum number of spaces within such a sublot, or lots separated by an island or planting strip, shall be 100 spaces, with 50 or fewer preferred. End aisles should be delineated by a landscaped island, not by painted asphalt.

(n) There shall be a comprehensive network of sidewalks and front, sides and rear of the buildings. The sidewalks and passageways shall be linked to other off-site pedestrian connections where appropriate based on proximity to existing residential areas, proposed intended use of the building, and provision of existing or planned pedestrian or bicycle improvements.

(o) Pedestrian passageways shall connect rear parking lots between buildings with textured walking surfaces, street furniture and landscaping. In addition, the design of the building may incorporate window displays, side door entrances, or other interesting features along the passageway. Lighting should be provided for all parking facilities and sidewalks.

(6) Pedestrian circulation.

(a) Paving materials shall identify pedestrian circulation areas within the parking lots.

(b) Pedestrian walkways, at least five feet in width, shall be provided from public sidewalks adjoining the property to a principal public/customer entrance.

(c) Along facades with a public/customer entrance and along any facade abutting public parking areas, sidewalks, at least five feet in width, shall be provided along the full length of the facade.

(d) Walkways shall have at least two of the following:

[1] Landscaped areas along at least 30% of their length;

[2] Use of smaller-scale pavement (pavers or scoring);

[3] Pedestrian scale lighting; and

[4] Rain protection (awnings, arcades).

(e) Common areas shall be accessible from all buildings and connected by a comprehensive, on-site pedestrian circulation system. Clearly defined buffers enhance the attractiveness of the streetscape and promote pedestrian safety. Sidewalks and plazas should be made comfortable for use by pedestrians through the use of landscaping, overhangs and canopies in order to provide shade and non-heat-absorbing materials. Pedestrian circulation layout on any development site should take into account on-site generators of pedestrian movement, such as open spaces, schools, retail centers, and bus stops.

(7) Decorative walls, fences and screening design.

(a) Decorative walls and fencing may be required by the Planning Board or Board of Adjustment, as appropriate, to compliment the structure style, type and design of the principal structure.

(b) Walls and fencing are allowed only in side and rear yards and in the front yard behind the front building line, with the exception of outdoor eating and play areas.

(c) Walls and fencing shall be constructed of durable high-quality materials and shall display a high quality in finish and detail; made of masonry, ornamental metal, wood, stucco, or a combination of these materials.

(d) Walls and fencing greater than 50 feet in length shall have a change in plane, height, material, or material texture, or significant landscape massing.

(e) Planting shall be considered as part of any wall or fence plan.

(f) Walls, hedges, and picket fences in front yards shall be limited to a maximum of 3 1/2 feet in height. Wrought-iron fences may be up to five feet in height. Entrances, gates, and corners should be specifically treated to define their function.

(8) Loading, outdoor storage, and service areas.

(a) Where these areas face adjacent residential uses or public rights-of-way, an earthen berm, no less than six feet in height, containing, at a minimum, evergreen trees planted at intervals of 20 feet on center and seven evergreen shrubs per tree, shall be provided.

(b) No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 35 feet of any public street or public sidewalk.

(c) Materials, colors, and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the principal building.

(d) Service functions shall be incorporated into the overall design of the building and landscaping, so that they are fully contained and out of view from adjacent properties and rights-of-way.

(e) Truck delivery and circulation routes shall be separated from customer circulation where possible.

(9) Affordable housing shall be provided in accordance with the New Jersey Council on Affordable Housing (COAH) Round 3 Regulations for Nonresidential Development.

H. Architectural standards.

(1) Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements in the Architectural and Site Design Overlay Zone, as contained in §§ 188-167 to 188-175L shall apply, except as otherwise provided in the LI District requirements, as indicated herein.

(2) Building orientation should respect climatic conditions by minimizing heat gain and considering the impact of shade on adjacent land uses and areas. Buildings should maximize public comfort by providing shaded public outdoor areas, minimizing glare, and facilitating breezes.

(3) Buildings should be oriented to allow for the use of common driveways, where a reduction in the number of curb openings will enhance the streetscape and promote traffic safety.

(4) Buildings on corner lots and end buildings shall be considered significant structures, because they have at least two facades exposed to the street. As such, specialized facade treatments and appropriate embellishments, such as corner towers, shall be integrated into the design to mark their prominence. Additionally, pedestrian flow can be emphasized by arcades or chamfered corners.

(5) Focal points or points of visual termination along the corridor shall generally be occupied by more-prominent structures that employ enhanced height, massing, distinct architectural treatments or other distinguishing features.

(6) Backs of buildings may face a parking lot. However, the rear of the building shall be treated to be compatible with the overall design of the building. Access from the front and rear of buildings is encouraged.

(7) Buildings shall avoid long, monotonous, uninterrupted walls and/or roof planes. Individual buildings within the ASD Overlay Zone shall not exceed 100 feet in length along any wall, roof or footprint plane. Building fronts wider than 40 feet as viewed from the public realm shall be modulated to break the facade to give the appearance of several buildings or through the use of building wall offsets, including projections, recesses and changes in cap line, wall height, and floor level. The total measurement of such offsets shall equal a minimum of 10% of the building wall length. The minimum projection or depth of any individual offset shall be not less than four feet.

(8) Roofline offsets, cross-gables and dormers shall be provided along any roofline measuring longer than 75 feet, in order to provide interest and variety to the massing of the building roofline.

(9) Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83K.

(a) There shall be a consistent sign design theme throughout the development. A unifying design theme shall include style of lettering, method of attachment, construction, material, size, proportion, lighting, position and day/night impacts. Color of letters and background shall be carefully considered in relation to the color of the material of the building(s) or where the signs are proposed to be located. Signs shall be a subordinate rather than predominant feature of any building. The lettering and sign shall be compatible with the architecture of the building.

(b) A comprehensive signage plan shall be provided which covers overall project identification, window signage and lettering, individual building/tenant identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions. A signage hierarchy shall be established governing the above signage categories.

(c) All permanent signage shall be affixed to a building facade, canopy, arcade or freestanding structure and be visible to both pedestrians and drivers.

I. Nonconforming structure.

(1) Any principal or accessory structure lawfully created which shall accidentally be destroyed may be replaced in the same location as it occupied under the same specifications on the lot immediately prior to said accidental destruction and shall not constitute a nonconforming structure.

§ 188-107.2 TECD Transitional Economic Development District.

[Added 3-22-2011 by Ord. No. 2011-08]

A. Purpose. The purpose of the TECD Transitional Economic Development District is to provide transitional employment generating development between the high-intensity light industrial and corporate development districts and the existing nearby residential development.

B. Permitted principal uses. All uses shall be provided at a scale and size that is appropriate for the district. There may be more than one permitted principal use or structure on a lot subject to compliance with § 107.2B to G below:

(1) Research and product development laboratories mainly devoted to research, design, and testing or experimentation, including processing or fabricating that is subordinate to the principal uses, and specifically excluding the sale of finished products directly to the general public.

(2) Offices, including medical offices.

(3) Computer centers, data processing and communications facilities.

(4) Solar, wind and other alternative energy research and development facilities.

(5) (Reserved)[1]

[1] Editor's Note: Former Subsection B(5), Warehousing, shipping and receiving located completely within an enclosed building, was repealed 4-25-2023 by Ord. No. 2023-04.

(6) The manufacturing, processing, finishing and assembly of products completely within an enclosed building.

(7) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan did not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall issue for modification of all or part of premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.

(8) Farm markets.

(9) Industrial or office park subject to site plan review and the following special requirements:

(a) A minimum tract area of 20 acres.

(b) All individual lots must comply with the area, yard and bulk requirements contained in § 107.2D.

(10) Commercial instructional activities.

(11) Agricultural uses.

(12) Indoor recreation and fitness/wellness centers.

C. Permitted accessory uses and structures.

(1) Uses customarily associated with the above permitted uses, provided that such uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

(2) Restaurants or cafeterias supplying meals only to employees and guests of a permitted use, as well as newsstand, post office, health clubs, copy centers, credit unions and banking facilities and similar conveniences serving only employees and guests of the permitted uses.

(3) Conference center and in-service training school for on-site employees.

(4) Indoor and outdoor corporate recreation facilities such as tennis courts, basketball courts, jogging paths and exercise stations and ball fields, provided that such uses, including any accessory buildings associated therewith, shall be planned as an integral part of the site and as a direct support to the permitted principal uses.

(5) Maintenance and storage facilities subordinate to any permitted use.

[Amended 3-28-2017 by Ord. No. 2017-02]

(6) Surface parking and loading provided in conjunction with a permitted use.

(7) Bus stop shelters, bike racks, mailboxes, phone booths, waste receptacles, gatehouses, benches, kiosks, drinking fountains, art sculptures, plazas, water features and other pedestrian and transit amenities.

(8) Trash and garbage collection areas which are fully screened and constructed of materials that are compatible with the structure to which it is associated.

(9) Loading areas which are fully screened such that the screening materials are compatible with the structure to which it is associated.

D. Area, yard, bulk and site perimeter requirements.

(1) Buffer requirements. A minimum twenty-foot buffer is required, except that a minimum one-hundred-foot buffer is required where adjacent to any residential district. Such buffer shall be reviewed by the appropriate board to determine if the existing vegetation provides a sufficient year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or a fence or berm. Once all screening/landscaping improvements are completed, a conservation easement shall be established by the applicant or property owner for the buffer area, subject to approval by the Township Attorney and recorded prior to the issuance of a certificate of occupancy. There shall be no buffer required along any property line that is adjacent to the rail line.

(2) Fencing requirements. Fencing may be provided on the perimeter of the tract, or within the tract, provided that the fencing is of an architecturally compatible design and consistent throughout the tract. No fence shall exceed a height of six feet above finished grade.

(3) Area, yard and bulk regulations.

(a) Minimums.

[1] Lot area: five acres.

[2] Lot width: 200 feet.

[3] Lot depth: 250 feet.

[4] Front yard: The minimum front yard shall be 40 feet.

[5] Side yard: The minimum side yard shall be 20 feet, except where adjacent to a residential zone or existing dwelling, it shall be 150 feet. There shall be no internal side yard setback between buildings where multiple buildings occur on one lot.

[6] Rear yard: 75 feet, except where adjacent to a residential zone or existing dwelling, it shall be 150 feet.

(b) Maximums.

[1] Total impervious coverage: 60%.

[2] Building height: three stories or 40 feet.

E. Off-street parking requirements. The minimum number of required off-street parking spaces for the permitted uses in the TECD District are as follows:

[Amended 4-25-2023 by Ord. No. 2023-04]

	Uses	Required Parking Spaces
	Office	3 spaces per 1,000 square feet of usable floor area
	Medical office	4 spaces per 1,000 square feet of usable floor space
	Child-care and adult day-care center	1 space per employee plus 1 space per 10 children or adults enrolled
	Research and development facilities, computer centers, data-processing and communications facilities	2.5 spaces per 1,000 square feet of usable floor area
	Manufacturing	1 space per 1,500 square feet of usable floor area
	Commercial instructional	3 spaces per 1,000 square feet of usable floor area
	Indoor recreation and fitness/wellness center	3.5 spaces per 1,000 square feet of usable floor area

F. Supplemental regulations to TECD District.

(1) Site building standards.

(a) Building placement, orientation.

[1] Buildings and site improvements shall be designed to minimize changes to existing topography and mature vegetation.

[2] The primary entrance of each building shall accommodate pedestrian access from the streets as well as from the parking lots.

[3] Secondary public entrances, if provided, shall be designed in a manner consistent with primary entrances if visible from public streets or parking lots.

(b) Vehicular and pedestrian access.

[1] A maximum of one curb cut shall be allowed for lots with street frontage less than or equal to 500 feet. One pair of one-way curb cuts shall count as one curb cut.

[2] For lots with street frontage greater than 500 feet, one additional driveway opening per 250 feet of street frontage shall be allowed.

[3] Width of curbs.

[a] The maximum width of curb cuts shall be:

[i] Twelve feet for one-way drives; and

[ii] Twenty-four feet for two-way drives.

[b] Wider curb cuts with landscaped medians may be allowed for multidirectional traffic on lots with street frontage greater than 250 feet or for shared driveways.

[4] Shared driveways that serve more than one property may be provided where deemed appropriate by the Planning Board or Board of Adjustment. Cross access shall be required between adjoining properties.

[5] Bicycle connections to the primary public entrance of the building shall be provided where a public sidewalk or bikeway is adjacent to property.

[6] All portions of the development shall be linked via a sidewalk and pathway network as approved by the Planning Board or Board of Adjustment; the site shall be pedestrian-oriented, with a design that enables and encourages pedestrian and bicycle circulation, with linkages to surrounding areas. The applicant shall utilize the Master Plan in developing a pedestrian and bicycle pathway network. Bicycle storage facilities shall be provided.

(2) Landscaping.

(a) A landscape plan shall be provided for the entire site and shall be prepared by a licensed landscape architect.

(b) All trees planted in front of the front building line shall be at least three inches in diameter for single-stemmed trees or 10 feet to 12 feet in height for multistemmed trees at the time of planting. All other trees shall be 2 1/2 inches in diameter at the time of planting, unless otherwise provided by these standards.

(c) Existing trees having a DBH (diameter at breast height, measured at 4 1/2 feet above ground level) over six inches shall be preserved unless removal is approved by the Planning Board or Zoning Board of Adjustment. If a preserved tree dies, it must be replaced with a two-and-one-half-inch-diameter tree of the same or similar tree species, subject to approval by the Township Planning Department.

(d) Impervious materials shall not be placed over the critical root zone of a preserved tree. The critical root zone is a ratio of one inch DBH to one foot radius around the tree.

(e) All exposed soil areas shall be covered with bark, mulch, or other weed-control measures.

(f) A single row of canopy trees shall be planted along property lines abutting a street at a ratio of one tree for every 40 linear feet within a minimum ten-foot-wide planting strip.

(3) Off-street parking site design.

(a) All parking areas abutting a residential zone or existing dwelling must be screened by a berm, a solid evergreen buffer, and/or other similar screening mechanism.

(b) All parking areas, where visible from a public street, shall be screened by a five-foot-high solid wall, architectural fence, solid evergreen hedge, berm and/or other similar screening mechanism.

(c) One canopy tree shall be provided at a ratio of one tree to every four parking spaces in the area.

(d) Where slopes over 5% exist, parking bays shall be terraced, with planting between changes in level.

(e) Where over 50 parking spaces are provided, pedestrian pathways identified with smaller-scale pavement treatment (pavers or scoring) oriented toward the principal building entrances shall be provided.

(f) Each separate planting area shall have a minimum of 150 square feet per tree and shall have a minimum dimension of at least five feet.

(g) In addition to required trees, planting areas shall be landscaped with shrubs, ground cover, or other approved landscaping material not exceeding 3 1/2 feet in height.

(h) Where parking is adjacent to a public right-of-way, a ten-foot-wide landscape buffer shall be provided between the edge of the right-of-way and the edge of the parking lot. In addition to the required trees, the buffer shall consist of one of the following:

[1] One shrub per every three linear feet.

[2] Berm with a three-foot minimum height, which shall be planted with ground cover, shrubs and trees.

(i) Parking areas shall be designed to be interconnected with adjacent properties and shall utilize common entrances and exits where feasible to minimize access points to the street. Such interconnections shall be established through an appropriate cross-access easement.

(j) Shared parking with adjacent or nearby properties shall be encouraged, as appropriate.

(k) Parking areas containing more than 100 spaces should be functionally divided by internal circulation corridors or aisles to establish several smaller lots to prevent random or high-speed movements and to provide for the planting of street trees and other landscaping. End aisles should be delineated by a landscaped island, not by painted asphalt.

(l) There shall be a comprehensive network of sidewalks around the front, sides and rear of the buildings. The sidewalks and passageways shall be linked to other off-site pedestrian connections where appropriate based on proximity to existing residential areas, proposed intended use of the building, and provision of existing or planned pedestrian or bicycle improvements.

(4) Pedestrian circulation.

(a) Paving materials shall identify pedestrian circulation areas within the parking lots.

(b) Pedestrian walkways, at least five feet in width, shall be provided from public sidewalks, adjoining the property to a principal pedestrian entrance.

(c) Along any facade with a pedestrian entrance and along any facade abutting public parking areas, sidewalks, at least five feet in width, shall be provided along the full length of the facade.

(d) Walkways shall have at least two of the following:

[1] Landscaped areas along at least 30% of their length;

[2] Use of smaller-scale pavement treatment (pavers or scoring);

[3] Pedestrian-scale lighting;

[4] Rain protection (awnings, arcades).

(e) Common areas shall be accessible from all buildings and connected by an on-site pedestrian circulation system. Sidewalks and plazas should be made comfortable for use by pedestrians through the use of landscaping, overhangs and canopies in order to provide shade.

(5) Decorative walls, fences and screening design.

(a) Decorative walls and fencing may be required by the Planning Board or Board of Adjustment, as appropriate, to complement the structure style, type and design of the principal structure.

(b) Walls and fencing are allowed only in side and rear yards and in the front yard behind the front building line, with the exception of outdoor eating and play areas.

(c) Walls and fencing shall be constructed of durable high-quality materials and shall display a high quality in finish and detail, made of masonry, ornamental metal, wood, stucco, or a combination of these materials.

(d) Walls and fencing greater than 50 feet in length shall have a change in plane, height, material, or material texture, or significant landscape massing.

(e) Planting shall be considered as part of any wall or fence plan.

(f) Walls, hedges, and picket fences in front yards shall be limited to a maximum of 3 1/2 feet in height. Wrought iron fences may be up to five feet in height. Entrances, gates, and corners should be specifically treated to define their function.

(6) Loading, outdoor storage, and service areas.

(a) Where these areas are adjacent to residential uses or public rights-of-way, an earthen berm, no less than four feet in height, containing, at a minimum, evergreen trees planted at intervals of 20 feet on center and seven evergreen shrubs per tree, shall be provided. A decorative wall with appropriate landscaping may be substituted at the discretion of the Planning Board or Board of Adjustment, as appropriate.

(b) No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 35 feet of any public street or public sidewalk.

(c) Materials, colors, and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the principal building.

(d) Service functions shall be incorporated into the overall design of the building and landscaping, so that they are fully contained and out of view from adjacent properties and rights-of-way.

(e) Truck delivery and circulation routes shall be separated from employee and customer circulation where possible.

(7) Affordable housing shall be provided in accordance with the applicable law and regulations.

G. Architectural standards.

(1) Exterior building design shall be coordinated with respect to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings.

(2) Building orientation should respect climatic conditions by minimizing heat gain and considering the impact of shade on adjacent land uses and areas. Buildings should maximize public comfort by providing shaded public outdoor areas, minimizing glare, and facilitating breezes.

(3) Buildings should be oriented to allow for the use of common driveways, where a reduction in the number of curb openings will enhance the streetscape and promote traffic safety.

(4) Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83K.

(a) There shall be a consistent sign design theme throughout the development. A unifying design theme shall include style of lettering, method of attachment, construction, material, size, proportion, lighting, position and day/night impacts. Color of letters and background shall be carefully considered in relation to the color of the material of the building(s) or where the signs are proposed to be located. Signs shall be a subordinate rather than predominant feature of any building. The lettering and sign shall be compatible with the architecture of the building.

(b) A comprehensive signage plan shall be provided which covers overall project identification, window signage and lettering, individual building/tenant identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions.

(c) All permanent signage shall be affixed to a building facade, canopy, arcade or freestanding structure and be visible to both pedestrians and drivers.

§ 188-108 M Mining and Q Quarry Districts.

[Amended 5-9-1978 by Ord. No. 78-3]

A. Purpose. It is the purpose of the M Mining and Q Quarry Districts to allow present quarrying and mining to continue as a permitted use rather than as a nonconforming use. These zoning districts recognize the unique operations within the Township due to the presence of a natural resource suitable for mining, but at the same time recognize the unique necessity for public regulations brought about by the existence and excavation of these natural resources. These district regulations are intended to provide for the continued excavation of natural resources and their processing in those areas which are currently being actively mined and used for processing. The provisions of these districts are also intended to require the site to be used in a manner that is reasonable to the operator(s) and at the same time require the site to be safe, healthful, as aesthetic as possible and be usable subsequent to the completion of the excavating process. The limits of the districts are intended to be oriented to the specific conditions of excavating, such as eliminating erosion, avoiding drainage problems, leaving the site useful, reducing dangers associated with steep operating faces and recognizing these industrial uses in the environs of a rural but growing residential community.

B. Principal permitted uses on the land and in buildings.

(1) Mining in the M District.

(2) Quarrying in the Q District.

(3) Processing the material excavated.

(4) Uses permitted in the GI District in accordance with the regulations of that district.

C. Accessory uses.

(1) Customary accessory uses, such as truck parking, open storage of the raw materials, storage buildings, guardhouses, stone crushing, screening, milling, mixing and batching.

D. Area, yard and bulk regulations in the Quarry District.

(1) The maximum building height shall be 60 feet or 1/5 the setback from any residential boundary, whichever results in the lower building height, except that new buildings with a foundation located at a higher elevation than an existing structure exceeding 60 feet may be permitted a height that does not exceed an elevation above sea level equivalent to the existing structure or 60 feet, whichever is greater.

(2) The operating face of an area being quarried shall not be closer to the property line than 100 feet, such limit to also extend vertically into the earth for any subterranean excavations.

(3) No buildings, open storage of raw materials or other structures used in processing or handling the material shall be located closer than 400 feet to any property line or street right-of-way.

(4) When the floor of any quarry is more than five feet below the average grade of a private street at any point within 50 feet of the private street, an effective and approved barrier shall be erected by the employer for an approved distance to provide protection against the drop or fall of persons or vehicles. No excavating shall take place below the grade of any public street within 100 feet of the public street.

(5) The operator shall maintain a protective buffer zone which shall consist of a strip of land a minimum of 50 feet in width measured from the property lines of adjoining properties. This buffer zone shall be maintained throughout the life of the quarry operation and shall be in addition to the cleared area required below, except that no buffer area shall be required along a lot line or zoning district line abutting an active railroad.

(6) Along the top edge of any quarry with an operating face higher than 20 feet, the trees, shrubbery and other growth shall be removed for a distance of not less than 40 feet from such edge to permit a clear view of the slope. Appropriate warning signs of a permanent type shall be posted in the vicinity, citing danger.

(7) Upon termination of a quarry operation, the property shall be left in a condition where no dangerous holes or other hazards exist and so that there is proper drainage to prevent the accumulation of stagnant water on the property. The resulting land surface shall be graded and drained in such a manner that stormwaters shall not collect on the property and so that stormwaters draining from the property shall not create flooding, erosion, siltation or hazardous conditions on or beyond the properties. All areas where the excavation is completed, except areas of exposed traprock, shall be landscaped with conifers and/or deciduous trees, spaced on center no more distant than 30 feet, as well as planted and maintained with perennial rye at a quantity of 25 pounds per 6,000 square feet.

(8) The operational face may be worked in a multiple-bench method with the height of the face of each bench not exceeding 50 feet and the horizontal step with each bench not less than 1/2 the height; provided, however, that in circumstances where the surface topography influences the height of the uppermost bench, the height of the uppermost bench shall not exceed 65 feet. Where one or more benches or levels are used in a pit or quarry, each bench shall have a separate face. No slope of an operating face where the depth of the quarry operation is less than 50 feet shall be greater than two vertical to one horizontal upon termination of the quarry operation. Where the operation is being worked in a multiple bench method, the operating face of each bench shall not exceed a slope of four vertical to one horizontal nor shall the slope from the ledge of each bench to the ledge of the next higher or lower bench exceed a slope of 1 1/3 vertical to one horizontal to make allowance for the required horizontal step from one operating face to another as outlined above.

E. Area, yard and bulk regulations in the Mining District.

(1) All mining operations conducted in the Mining District shall conform to the Federal Metal and Non-Metallic Mine Safety Act, the New Jersey Mine Safety Act[1] and all rules, regulations and standards duly promulgated thereunder by the appropriate federal and state agencies.

[1] Editor's Note: See N.J.S.A. 34:6-98.1 et seq.

(2) The maximum building height shall be 60 feet or the equivalent of 1/5 the setback of the building from any residential boundary, whichever results in the lower building height.

(3) The operating face of any area being mined shall not be closer than 100 feet to any property line, public street, boundary of the Mining District or any building, except that mining operations may be conducted within this one-hundred-foot setback in connection with any landfill operation conducted and approved by the Township of Hillsborough, provided that adequate measures are taken for promptly filling in and properly grading the landfill area.

(4) No building shall be located closer than 150 feet to any public street, or closer than 150 feet to the boundary of the Mining District, except that any addition to or extension of a building in existence prior to April 1, 1978, shall be no closer to the public street than the existing building. No open storage of raw materials or equipment, excluding motor vehicles designed and used primarily for operation on the public highways, shall be located within 400 feet of any property line or public street.

(5) Along the top edge of any mine pit with an operating face of 20 feet or more, trees, shrubbery and other growth shall be removed as necessary to provide a clear view of the slope, but, in any event, there shall be a cleared area of at least 40 feet from the edge.

(6) The operator shall maintain a protective buffer zone which shall consist of a strip of land a minimum of 40 feet in width, measured from the property lines of adjoining properties. This buffer zone shall be maintained in accordance with § 188-38 throughout the life of the mining operation and shall be in addition to the cleared area required above, except that no buffer area shall be required along a lot line or zoning district abutting an active railroad and except further that any lot line abutting any nonresidential zoning district may have a buffer zone reduced to 25 feet.

(7) Upon termination of a mine operation, the property shall be left in a condition where no dangerous holes or other hazards exist and so that there is proper drainage to prevent accumulation of stagnant water on the property. The resulting land surface shall be graded and/or drained in such a manner that stormwater is not collected on the property and so that stormwater draining from the property shall not create flooding, erosion, siltation and/or hazardous conditions on or beyond the buffer zone on areas where the excavations are completed. It shall be landscaped and maintained with 2,000 seedlings per acre, each measuring 15 to 24 inches above the roots as well as planted and maintained with perennial rye, at a quantity of 25 pounds per 6,000 square feet. A plan for termination shall be submitted to the Planning Board and the Somerset Union Soil Conservation District for approval before operations are terminated.

F. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as the proposed improvements to the off-site road infrastructure are completed as provided in the Master Plan or until such time as the Township Engineer and the Planning Board by majority vote certify to the Township Committee that then-current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the area to be developed as compared to the district as a whole. Funds in the escrow account shall be expended by the Township for their intended purpose within five years of deposit or shall be returned with interest to the developer.

[Added 10-12-1982 by Ord. No. 82-13]

§ 188-109 Historic Zones, historic sites and the Historic Preservation Commission.

[Amended 10-12-1989 by Ord No. 82-13; 8-14-1990 by Ord No. 90-15]

A. Purpose. The purpose of this section is to create within this chapter in and for the Township of Hillsborough a commission to be known as the "Historic Preservation Commission." In adopting this section, it is the intention of the Hillsborough Township Committee to create an agency which will regulate on its own to the extent permitted by law and work with and advise the Hillsborough Township Planning Board to the extent permitted by law on the administration of a system of preservation rules which are based on objective criteria and which will complement existing land use construction codes. The controls established, while compatible with both the Municipal Land Use Act, N.J.S.A. 40:55D-1 et seq., and the Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., should be viewed as having an independent basis under N.J.S.A. 40:48-2 and N.J.S.A. 40:55D-107 et seq.

B. Permitted uses. Uses permitted in Historic Zones and on historic sites shall be those designated by the Zoning Map.

C. The historic zones or districts are bounded and defined as shown by the predecessor Historic Commission through inclusion and identification in its map of historic districts or by the Township Committee through inclusion and identification in the official Zoning Map of the Township, all of which maps are hereby made a part of this chapter. The historic sites are as delineated in the Master Plan, or as have been included and identified in the official Zoning Map of the Township of Hillsborough as an historic site or are listed in the federal or state historical registers as a historic site or have been included and identified in the predecessor Historic Commission's register and list of historic sites, all of which maps and lists are hereby made a part of this chapter.

[Amended 12-11-1990 by Ord. No. 90-25]

D. General conditions and procedures.

(1) It shall be the duty of the Building Inspector to review all plans for construction, alteration, repair, moving or demolition of buildings, landmarks and structures within the historic zones, districts, sites and landmarks and to submit to the Planning Board or Board of Adjustment, as the case may be, those use and development applications which would not otherwise be referred to the Historic Preservation Commission for its written report and recommendation to the Construction Official in accordance with § 188-109J. All such applications shall be entitled "Historic Zone Plans" and shall be processed in the same manner as site plans. The approving authority may include any appropriate recommendations concerning the application. The applicant, if he so desires, may make modifications to his plan based on such recommendations and shall have the right to resubmit his application at any time after doing so. The provisions of this subsection shall not apply where the application is only for the issuance of a permit pertaining to historic sites or property in historic districts which are to be referred to the Historic Preservation Commission in accordance with § 188-109J.

(2) No building or structure shall hereafter be erected, reconstructed, altered, restored or demolished within an historic zone, district, site or landmark unless and until an application for a building permit shall have been approved in accordance with § 188-109J or, if that subsection is not applicable, then in accordance with § 188-109D(1).

(3) In reviewing historic zone plans submitted to the Zoning Board of Adjustment or Planning Board in accordance with § 188-109D(1), consideration shall be given to:

(a) The historic or architectural value and significance of the building or structure and its relationship to the historic value of the surrounding area.

(b) The general compatibility of exterior design, arrangement and materials proposed to be used.

(c) Any other factor, including aesthetics, which it deems pertinent.

(d) Recommendations made by the Historic Preservation Commission under § 188-109I.

(e) Criteria delineated under § 188-109D(4), (5) and (12)(d).

(4) The Planning Board or Zoning Board of Adjustment shall not disapprove applications entitled "Historic Zone Plans" except in regard to considerations as set forth in Subsection D(3), (4), (5) and (12)(d). It is the intent of this subsection that alterations of, repairs on and additions to historic and architecturally significant buildings, landmarks and structures be made in the spirit of their architectural style. Criteria for evaluation of historic buildings, landmarks and structures shall be those developed by the National Trust for Historic Preservation and/or the Hillsborough Township Historic Preservation Commission. The Planning Board or Zoning Board of Adjustment shall have the power to engage experts to aid in the deliberation as well as use representatives of the Historic Preservation Commission in accordance with § 188-109I. A building permit shall not be issued until the historic zone plan has been approved by such municipal agency. Nothing in this subsection shall in any way limit the power of the Historic Preservation Commission or the criteria it deems pertinent in making its written reports and recommendations to the Construction Official in accordance with those applications for permits which fall under its authority under § 188-109J.

(5) Demolition.

(a) Demolition of historic and architecturally significant buildings, landmarks and structures shall be discouraged. Demolition or removal may be forbidden or postponed for a period of six months (after public hearing granted to the applicant if requested), and the Planning Board or Zoning Board of Adjustment shall then consult civic groups and public agencies to ascertain how the Township may preserve the buildings, structures and/or premises. The approving authority is empowered to work out with the owner feasible plans for preservation of buildings and structures where demolition or removal thereof would cause notable loss to the public and to the Township. Moving of such buildings and structures shall be encouraged as an alternative to demolition. Nothing in this subsection shall limit the municipality's ability under § 188-109M.

(b) In regard to an application to demolish an historic landmark or structure or any improvement within an historic district, the following matters should be considered:

[1] Its historic, architectural, cultural or scenic significance.

[2] If it is within an historic district, its significance to the district as a resource and the probable impact of its removal on the district.

[3] Its potential for use for those purposes currently permitted by the Zoning Ordinance.

[4] Its structural condition and the economic feasibility of alternatives to the proposal.

[5] Its importance to the municipality and the extent to which its historical architectural value is such that its removal would be detrimental to the public interest.

[6] The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty and expense.

[7] The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, New Jersey history and the history of Hillsborough Township; stimulating interest in the study of architecture and design, educating citizens in American cultural heritage or making the municipality a more attractive and desirable place in which to live.

(6) Movement to another site.

(a) If it is necessary to move an historic or architecturally significant building or structure to another site within the Township in order to preserve it but a variance from normal yard requirements may be necessary, such variance may be granted, provided that it will not adversely affect neighboring properties and will maintain the historic appearance of the zone. The Zoning Board of Adjustment shall have the authority to determine whether such variance from standard yard requirements is to be made.

(b) In regard to an application to move any historic landmark or structure or move any improvement within an historic district, the following matters shall be considered:

[1] The historic loss to the site of original location and the historic district as a whole.

[2] The compelling reasons for not retaining the landmark or structure at its present site.

[3] The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the protection of interest and values referred to in this chapter.

[4] The probability of significant damage to the landmark or structure itself.

[5] If it is to be removed from Hillsborough Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the municipality and other citizens.

[6] If the proposed new location is within a district, visual compatibility factors.

(7) New uses.

(a) Any new use within an historic zone shall require the approval of an historic zone plan by the approving authority, certifying that such use or construction will not detract from the character of and is in harmony with the nature of said historic zone. It is the intent of this section that the compatibility of plans for such new use be considered in general terms. Recommendations from the Historic Preservation Commission in accordance with § 188-109I shall be considered by the approving authority in making its determination.

(b) Any new construction within an historic zone or on an historic site shall require the favorable recommendation of the Historic Preservation Commission in accordance with § 188-109J, certifying that such construction will not detract from the character of and is in harmony with the nature of said historic zone, and such favorable recommendation shall be a condition precedent to the issuance of a building permit. Plans and specifications shall be used to support the application. It is the intent of this subsection that the compatibility of plans for such new construction be considered in general terms.

(8) Nothing in this section shall prohibit repair or rebuilding of any historic building or structure on an historic site in order to maintain or return said building or structure to its original condition prior to its deterioration or destruction nor to prevent the alteration, repair or demolition of any recent building, structure or addition out of keeping with the architectural character of said area.

(9) If the approving authority shall fail to take action on any application within the required time, the application shall be deemed to be approved, except where a mutual agreement has been reached for an extension of the time limit.

(10) Any building, landmark, structure and/or premises of historical or architectural significance within the Township may be considered for designation as an historic site and placed under the protection of this chapter upon written application to the Historic Preservation Commission by the owner or owners of said property.

(11) The Historic Preservation Commission shall, as part of its ongoing responsibilities under § 188-109H(1) and (6), review the designation of historic sites and historic districts.

[Amended 12-11-1990 by Ord. No. 90-25]

(a) If, after such review, it deems buildings, structures, premises and/or districts not so designated to be worthy of such designation, it shall proceed in accordance with § 188-109K.

(b) If, after such review or pursuant to the application of a property owner, it deems buildings, structures, premises or areas so designated as historic sites or historic districts no longer worthy of such designations, it shall proceed in the following manner. All applications for issuance of dedesignation certificates pertaining to historic sites or historic districts shall be submitted to the Construction Official or the Zoning Officer and referred by them to the Historic Preservation Commission. A favorable recommendation by the Historic Preservation Commission shall be required before a dedesignation certificate may be issued by the aforementioned administrative official.

(c) Upon a declaration by the Historic Preservation Commission that the application is complete, the matter will be set down for hearing. If the Historic Preservation Commission finds that an adjacent property may be affected by the actions for which a favorable recommendation for dedesignation has been requested, the Commission may order that the applicant send certified mail notices of the matter pending before it to the adjacent property owner. Such owners shall have 15 days within which to file a written objection to the request for dedesignation. If written objection is received, the Commission shall hear the objection on the record prior to rendering its decision. The objector shall have full rights to present evidence and to cross-examine witnesses. The applicant shall have the right to present all evidence in favor of dedesignation and to cross-examine any witnesses presented by the objector against dedesignation. Prior to the hearing, the applicant shall submit a certificate to the Commission that all properties within 200 feet of the lot lines for the historic site or district have been sent certified mail notices of the application not less than 10 days before it is to be heard. The applicant shall also present proof of publication of a notice of the application in the official newspaper not less than 10 days before it is to be heard. The Commission shall reach a decision on the application within 45 days after the Secretary has declared an application to be complete. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission.

(d) The Commission shall set forth its decision on each application in resolution form with findings of fact and conclusions. If an application for dedesignation is approved, the Commission shall forthwith issue a favorable recommendation to the appropriate administrative official, who shall cause a dedesignation certificate to issue and provide the same to the applicant along with a certified copy of the resolution. In case of a negative recommendation, the Commission shall notify the applicant in writing of such resolution and provide the applicant with a certified copy thereof. A summary of the Commission's actions shall be published in the official newspaper. The Commission shall provide its report and resolution to such administrative officer within 45 days of the conclusion of the hearing. If the recommendation to the administrative officer is against the issuance of a dedesignation certificate or recommends conditions to the dedesignation certificate, the administrative officer shall deny issuance of the dedesignation certificate or include the conditions in the certificate, as the case may be. The administrative officer is bound by the recommendations it receives from the Commission.

(e) Any applicant aggrieved by the action of the administrative official who is bound to follow the recommendations of the Historic Preservation Commission may appeal that determination and action of the administrative official to the Township Zoning Board of Adjustment in accordance with § 188-6I(1). If such appeal is taken and a hearing held, the Historic Preservation Commission shall advise the Zoning Board of its analysis and recommendation through the testimony of a representative of the Commission, who shall testify orally at the hearing and explain any written report which may have been submitted. Such testimony shall be considered by the Zoning Board of Adjustment as a factor in its overall decision, but such testimony shall not be dispositive of the issue on appeal.

(12) In regard to an application for any approval of proposed action as set forth in this chapter, the following matters shall be considered:

(a) If an historic landmark or a structure in an historic district is involved:

[1] The impact of the proposed change on its historic or architectural significance.

[2] Its importance to the municipality and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest.

[3] The extent to which there would be the involvement of textures and materials that could not be reproduced or could be reproduced only with great difficulty and expense.

(b) The use of any structure involved.

(c) The extent to which the proposed action would adversely affect the public's view of a landmark or structure within an historic district from a public street.

(d) If the application deals with a structure within an historic district, the impact the proposed change would have on its character and ambiance and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth herein. In assessing the effect of any proposed change on an application concerning any landmark, the following visual compatibility factors shall be used to analyze the effect that the change applied for would have on the landmark and on those structures to which the landmark is visually related. In the event that an historic district has such unique features that the general guidelines below are not appropriate criteria, regulations shall be adopted for each such district which are consistent with the generally applicable visual compatibility factors set forth below:

[1] Height. The height of the proposed building shall be visually compatible with adjacent buildings.

[2] Proportion of the building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.

[3] Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.

[4] Relationship of solids to voids on facades fronting on public places. The relationship of solids to voids on such facades of a building shall be visually compatible with the buildings and places to which it is visually related.

[5] Relationship of spacing of buildings on streets. The relationship of the buildings to the open space between it and the adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.

[6] Relationship of entrance and/or porch projections. The relationship of entrance and porch projections to the street to which it is visually related.

[7] Roof shape. The roof shape of a building shall be visually compatible with the buildings to which it is visually related.

[8] Walls of continuity. Appurtenances of a building, such as walls, open-type fencing, evergreen and landscape masses, shall form cohesive walls of enclosure along the street to the extent necessary to maintain any visual compatibility of a building with the buildings and places to which it is visually related.

[9] Scale of building. The size of a building, the mass of a building in relationship to open spaces, the windows, door openings, porches and balconies shall be compatible with the buildings and places to which it is visually related.

[10] Directional expression of front elevation. A building shall be visually compatible with the buildings and places to which it is visually related in its dimensional character, whether this be vertical character, horizontal character or nondirectional character.

[11] Exterior features. A structure's related exterior features, such as lighting, fences, signs, sidewalks and driveways, shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the building is significant.

E. Administration.

(1) There is hereby established pursuant to P.L. 1985 c. 516[1] in the Township of Hillsborough an Historic Preservation Commission, replacing the present Historic Commission, which shall be disbanded upon adoption of this subsection. It shall consist of seven members and two alternate members all of whom shall be appointed by the Mayor of the Township. The Historic Preservation Commission shall have the authority to designate and regulate landmarks, historic sites and/or historic districts. The Commission shall consist of the following:

[Amended 5-23-2001 by Ord. No. 2001-21]

(a) Class A. This class shall contain one member who shall be a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality.

(b) Class B. This class shall contain two members who shall be persons who are knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.

(c) Class C. This class shall contain four members who shall be citizens of the municipality who shall hold no other municipal office, position or employment, except for membership on the Planning Board or Board of Adjustment.

(d) Alternate members. Alternate members shall meet the qualifications of Class C members and shall be appointed as Alternate No. 1 and Alternate No. 2.

[1] Editor's Note: See N.J.S.A. 40:55D-107 et seq.

(2) Terms; vacancies; membership.

(a) The terms of the members first appointed under this subsection shall be so determined that to the greatest practicable extent, the expiration of the term shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years; and the term of an alternate member shall be two years.

(b) A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

(c) Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board; and the terms of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.

(d) The Historic Preservation Commission shall elect a Chairman and Vice Chairman from its members and select a Secretary, who may or may not be a member of the Historic Preservation Commission or a municipal employee.

(e) Alternate members may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

(f) No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

(g) A member of the Historic Preservation Commission may, after public hearing, if he requests it, be removed by the Township Committee.

F. Appropriations to fund, employment of experts and staff.

[Added 8-14-1990 by Ord. No. 90-15]

(1) The Township Committee shall make provisions in its budget and appropriate funds for the expenses of the Historic Preservation Commission.

(2) The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation determined by the Township Committee. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for the Commission's use.

G. Responsibilities. The Historic Preservation Commission shall have the responsibility to:

(1) Prepare a survey of historic sites, districts and landmarks of the Township pursuant to criteria identified in the survey report and this chapter.

(2) Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites and landmarks of any other Master Plan elements.

(3) Advise the Planning Board on the inclusion of historic sites and landmarks in the recommended capital improvement program.

(4) Advise the Planning Board and Board of Adjustment on applications for development pursuant to § 188-109H as contained in this chapter.

(5) Provide written reports and make recommendations as to permits pursuant to Subsection I of this section on the application of the Zoning Ordinance provisions concerning historic preservation.

(6) Carry out such other advisory, educational and informational functions as will promote historic preservation in the municipality.

H. Development in historic districts or sites; informational copies of application; transmittal by Planning Board or Board of Adjustment; testimony at hearing; conditions and procedures.

(1) The Planning Board and Board of Adjustment shall make available to the Historic Preservation Commission an informational copy of every application submitted to either Board for development in historic districts designated as such either by the predecessor Historic Commission through inclusion and identification in its map of historic districts or by the Township Committee through inclusion and identification in the official Zoning Map of the Township or for development on historic sites designated as such in the Master Plan or included and identified in the official Zoning Map of the Township as an historic site or listed in the federal or state historical register as an historic site or included and identified in the predecessor Historic Commission's Register and list of historic sites. Failure to make the informational copy available shall not invalidate any hearing or proceeding. The Historic Preservation Commission may provide its advice which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and explain any written report which may have been submitted. The Commission must be represented at the hearing in order for its advice to be considered by the Board. The testimony of the representative of the Historic Preservation Commission, while not dispositive of the issues before the Planning Board or Board of Adjustment, shall nevertheless be considered by the Board as an additional source of information in making its decisions relative to the application.

[Amended 12-11-1990 by Ord. No. 90-25]

I. Designation and regulation of historic sites or districts by ordinance; reference of application for issuance of permits to Commission; report for grant; conditional grant or denial.

(1) All applications for issuance of permits pertaining to historic sites designated as such in the Master Plan or included and identified in the official Zoning Map of the Township as an historic site or listed in the federal or state historical registers as an historic site or included and identified in the predecessor Historic Commission's register and list of historic sites or pertaining to property in historic districts designated as such either by the predecessor Historic Commission through inclusion and identification in its map of historic districts or by the Township Committee through inclusion and identification in the official Zoning Map of the Township shall be referred by the Building Inspector and/or the Zoning Officer to the Historic Preservation Commission for a written report of the application of the Zoning Ordinance provisions concerning historic preservation to any of those aspects of the change proposed, which aspects were not determined by approval of an application for development by either the Planning Board or Zoning Board of Adjustment pursuant to the Municipal Land Use Law. By way of example, after the Historic Preservation Commission has advised either the Planning Board of the site plan, subdivision or conditional use or the Board of Adjustment on a variance or zoning interpretation, the same project may again be referred to the Commission, but this time by an administrative officer for recommendation on aspects involved which were not considered by the prior approval of the Planning Board or Board of Adjustment. Alternatively, such referrals may come to the Historic Preservation Commission from the appropriate administrative officer concerning property which was not required to come before the Planning Board or Zoning Board of Adjustment for the relief enumerated hereinabove.

[Amended 12-11-1990 by Ord. No. 90-25]

(2) The Historic Preservation Commission shall submit its report to the referring administrative officer. The Commission shall report to such administrative officer within 45 days of that officer's referral of the application to the Historic Preservation Commission. If, within the forty-five-day period, the Historic Preservation Commission recommends to the administrative officer against the issuance of a permit or recommends conditions to the permit to be issued, the administrative officer shall deny issuance of the permit or include the conditions in the permit, as the case may be. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendations of conditions to the permit. If the administrative officer receives a timely report, he is bound by its recommendations.

(3) Any applicant aggrieved by the action of the administrative officer who is bound to follow the recommendations of the Historic Preservation Commission may appeal that determination and action of the administrative officer to the Township Zoning Board of Adjustment in accordance with § 188-6I(1). If such appeal is taken and a hearing held, the Historic Preservation Commission shall advise the Zoning Board of Adjustment of its analysis and recommendation through the testimony of a representative of the Commission who shall testify orally at the hearing and explain any written report which may have been submitted. Such testimony shall be considered by the Zoning Board of Adjustment as a factor in its overall decision, but said testimony shall not be dispositive of the issue on appeal.

J. Designation of historic sites, historic districts and landmarks.

(1) In accordance with § 188-109G(1) and (2), the Commission shall make a comprehensive survey of the Township of Hillsborough for the purposes of identifying future historic districts, historic sites and landmarks which are worthy of protection and preservation.

(2) Based on the survey, or upon the recommendation of concerned citizens, the Commission shall document the importance and historical significance to the municipality, state or nation of each landmark designation in terms of the purposes and criteria referred to in this chapter. Thereafter, the Commission, by certified mail, shall:

(a) Notify each owner that his property has been tentatively designated as a historic landmark, site or district and the reasons therefor.

(b) Advise each owner of the significance of and consequences of such tentative designation and advise him of his opportunity and rights to challenge or contest such designation.

(3) The tentative list and map shall thereafter be submitted at a public meeting for examination and comment by the public. Interested persons shall be entitled to present their opinions, suggestions and objections at this public hearing. A list and map showing all proposed historic districts, sites and landmarks shall be published together with notice of the hearing on the same in the official newspaper of the municipality or a newspaper of general circulation in the municipality not less than 10 days before such hearing is to be held.

(4) After full consideration of the evidence brought forth at the special hearing, the Commission shall make its final decisions on the designations and shall issue its final report to the public, stating reasons in support of its actions with respect to each landmark, site and historic district designation. The list shall be submitted thereafter as part of the recommendations to be made to the Planning Board in accordance with § 188-109H(2).

(5) Copies of the designation list as referred to the Planning Board shall be submitted to the Township Clerk, made public and distributed to all municipal agencies reviewing development applications and all building and housing permits. A certificate of designation shall be served by certified mail upon the owner of each site included in the final list.

K. Procedure for issuance of building permits where recommendation of Historic Preservation Commission is necessary under § 188-1091 of this chapter.

(1) A favorable recommendation by the Historic Preservation Commission shall be required before a permit is issued for the following or in the event that no other type of permit is otherwise required or any other type of Planning Board or Board of Adjustment approval is required before work can commence on any of the following activities on any of the properties within any historic site designated as such in the Master Plan or included and identified in the official Zoning Map of the Township as an historic site or listed in the federal or state historical registers as an historic site or included and identified in the predecessor Historic Commission's register and list of historic sites or within any historic district designated as such either by the predecessor Historic Commission through inclusion and identification in its map of historic districts or by the Township Committee through inclusion and identification in the official Zoning Map of the Township.

[Amended 12-11-1990 by Ord. No. 90-35]

(a) Demolition of a landmark or of any improvement within any historic district.

(b) Relocation of any historic landmark or of any improvement within any historic district.

(c) Change in the exterior appearance of any existing landmark or of any improvement within any historic district by additional alteration or replacement.

(d) Any new construction of a principal or accessory structure.

(2) Favorable recommendation shall be provided for any repainting, repair or exact replacement of any existing improvement. In the event that the color or exterior surface material of the improvement shall be changed as a result of such repainting, repair or exact replacement, a favorable report shall be provided if the color or exterior surface is one that has been previously approved by regulations duly promulgated by the Commission for similar improvement in that district or as to that landmark.

(3) All applicants under this subsection shall complete and submit a preapplication form as promulgated by the Commission not less than 10 days before a Commission meeting. The Commission shall review the preapplication form and classify the application in accordance with the relief requested.

(a) If the action for which the favorable recommendation is requested will substantially affect those characteristics of the landmark listed on its landmark designation or, in the case of a structure within an historic district, will substantially affect the characteristics of the district listed on the district's landmark designation, the Commission shall classify the application as a major application and write the applicant to submit a full application as described in the Commission's regulations.

(b) If the action for which the favorable recommendation is requested will not substantially affect the landmark or district, then the Commission shall classify the application as a minor application.

(4) Major and minor applications.

(a) Minor applications may be heard and decided immediately upon classification. Such immediate hearing shall be at the Commission's discretion if it feels there is sufficient evidence on the record at that point. If the Commission finds that an adjacent property may be affected by the action for which a favorable recommendation has been requested, the Commission may order as a condition subsequent to the approval of a minor application that the applicant send certified mail notices of the Commission's actions to such owners of the adjacent property that the Commission believes might be affected by its action. Such owners shall have 30 days to file a written objection, absent which a favorable recommendation shall be forthcoming for the minor application. If written objection is received, the Commission shall hear the objector on the record prior to reconsidering its decision. The objector shall have full rights to present evidence and to cross-examine prior witnesses. The Commission shall hear and decide any objection within 45 days of its receipt.

(b) An applicant seeking a favorable recommendation of a major application shall submit the following items:

[1] A complete application form as required by the rules and regulations of the Commission.

[2] A certificate that all properties within 200 feet of the lot lines for the landmark property have been sent certified mail notice of the application not less than 10 days before it is to be heard.

[3] Proof of publication of a notice of the application in the official newspaper not less than 10 days before it is to be heard.

(5) Decision; issuance.

(a) The Commission shall reach a decision on the application within 45 days after the Secretary has declared an application to be complete; otherwise, the application shall be deemed to have been approved. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission. The Commission may advise the applicant and make recommendation in regard to the appropriateness of the proposed action and provide a favorable recommendation upon such conditions as it deems appropriate within the intended purposes of this chapter. The Commission shall set forth its decision on each application in resolution form with findings of fact and conclusions.

(b) If an application is approved, the Commission shall forthwith issue a favorable recommendation to the appropriate administrative official and provide the same to the applicant, along with a certified copy of the resolution. In case of a negative recommendation, the Commission shall notify the applicant in writing of such resolution and provide the applicant with a certified copy thereof. A summary of the Commission's actions shall be published in the official newspaper.

(c) In the event that an applicant alleges that compliance with the requirements of this section would be an unreasonable hardship and that the nature of his application is such that the minor change sought neither justifies the time and expense of the plenary proceeding nor will impact negatively on the public good nor specifically on the historic qualities sought to be preserved, the Commission, by a two-thirds affirmative vote of its full authorized membership, may grant such relief from the requirements of this section as it deems consistent with the public good and the purposes of this chapter.

(6) An applicant may allege that a favorable recommendation should be granted without his fulfilling of the application requirements set forth herein because the addition or alteration contemplated will not be visible to any place to which the public normally has access and therefore that said additional alteration cannot adversely affect the public interest. In that event, the Commission, by a majority vote of its full authorized membership, upon a finding that the applicant's claim is accurate, may forthwith grant a favorable recommendation on that basis.

L. Violations and penalties.

(1) If any person shall undertake any activity concerning a landmark or improvement within an historic district designated as such either by the predecessor Historic Commission through inclusion and identification in its map of historic districts or by the Township Committee through inclusion and identification in the official Zoning Map of the Township or concerning a landmark or improvement within an historic site designated as such in the Master Plan or included and identified in the official Zoning Map of the Township of Hillsborough as an historic site or listed in the federal or state historical register as an historic site or included and identified in the predecessor Historic Commission's register and list of historic sites without first having obtained a favorable recommendation under § 188-109I or J, such person shall be deemed to be in violation of this chapter.

[Amended 12-11-1990 by Ord. No. 90-25]

(2) Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation, in detail, and give the owner 10 days to abate the violation by restoring the landmark or improvement to its status quo ante. If the owner cannot be personally served within the municipality with said notice, a copy shall be posted on the site and a copy sent certified mail, return receipt requested, to the owner at his last known address as it appears on the municipal tax rolls.

(3) In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint returnable to the Municipal Court charging violation of this chapter.

(4) The penalty for violation shall be as follows:

(a) For each day up to 10 days, not more than $25 per day.

(b) For each day from 11 to 25 days, not more than $50 per day.

(c) For each day beyond 25 days, not more than $75 per day.

(5) If any person shall undertake any activity concerning a landmark or improvement within an historic district or within an historic site without first having obtained the necessary municipal approvals, he shall be required to restore the same.

[Amended 12-11-1990 by Ord. No. 90-25]

(6) In the event any action which would permanently change adversely the landmark within the historic district or within the historic site, such as demolition or removal, is about to occur without a favorable recommendation from the Commission or approval from the Planning Board or the Board of Adjustment, the Zoning Officer is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent a destruction of any such landmark.

[Amended 12-11-1990 by Ord. No. 90-25]

M. Abatement of violations.

(1) Recognizing the need for preventive maintenance to ensure the continued useful life of landmarks and structures in historic districts and on historic sites, the municipal governing body hereby declares that the code enforcement concerning landmarks and structures in historic districts and on historic sites is a high municipal priority.

(2) In the event that any landmark or improvement in an historic district designated as such either by the predecessor Historic Commission through inclusion and identification in its map of historic districts or by the Township Committee through inclusion and identification in the official Zoning Map of the Township or on an historic site designated as such in the Master Plan, or included and identified in the official Zoning Map of the Township of Hillsborough as an historic site or listed in the federal or state historical register as an historic site or included and identified in the predecessor Historic Commission's register and list of historic sites deteriorates to the point that in the best estimate of the Building Department, the cost of correcting the outstanding violations equals more than 25% of the cost of replacing the entire improvement on which the violations occur, the Department shall serve personally or by certified mail, return receipt requested, a notice on the owner of the landmark listing the violations, the estimate for the abatement and the replacement cost of the improvement and stating that if the owner does not take the necessary remedial action within 90 days or such extensions as the Department for good cause grant, the municipality, through a decision by the Township Committee, may, at the expiration of 90 days, enter upon the property and abate such violations itself and cause the cost thereof to become a lien on the property, provided that the Township Committee receives a recommendation in this regard from the Historic Preservation Commission. This provision shall not apply to owner-occupied dwellings.

[Amended 12-11-1990 by Ord. No. 90-25]

(3) Upon receipt of such notice, the owner may, within 10 days after such receipt, notify the Building Department of his wish to have a hearing as to the allegations and estimates set forth in the Department's notice. Such hearing shall be conducted by the Historic Preservation Commission and shall, so far as possible, be a formal adversary proceeding in which the Building Department shall establish the matters alleged in the notice by preponderance of the evidence. If the owner does not request a hearing, the procedures set forth in Subsection M(2) above shall apply. If a hearing is requested, the Construction Official will, within 10 days following the hearing, serve on the owner an opinion in writing setting forth the reasons therefor. Such opinions shall be deemed to be a first notice pursuant to Subsection M(2).

(4) Thereafter, if the owner does not comply, the Department may enter upon the premises and, by use of municipal labor or outside contractors, or both, perform such work as is necessary to abate all violations.

(5) The head of the Department shall then certify to the municipal governing body the cost of such work plus all administrative, clerical and legal costs in overhead attributable thereto and shall present the same to the municipal governing body.

(6) The municipal governing body may, by resolution, vote to cause the sum so certified to become a lien upon the landmark property, payable with the next quarter's property taxes and, if not then paid, bearing interest at the same rate as delinquent taxes.

§ 188-110 Planned development.

A. Purposes. The purposes of this article are to provide a method of development pursuant to the authority granted by and in accordance with the purposes of the Municipal Land Use Law in order to provide procedures and standards that will encourage development resulting in the more efficient use of land for and the provision of public service to housing; innovations in type, design and layout of buildings; changes in technology; more efficient use of open space; preservation of agricultural land and other critical areas; the best features of modern design; and the conservation of the value of land. The provisions of this article are intended to allow development according to the above purposes and in a manner that coordinates the design standards with the applicable portions of this article and other sections of this chapter in accordance with the purposes of those provisions.

B. Statement of objectives. It is the intent of the Township of Hillsborough, through the use of planned developments, to coordinate development in accordance with the adopted Master Plan and the following objectives:

(1) Critical areas and common open space. It is intended that the preservation of open space for active and passive recreational facilities, of wetlands for ecological and safety purposes, and of steep slopes and areas of erodible soils, to prevent siltation and erosion and that the creation of greenways serving as neighborhood dividers and visual breaks and of tot-lots and playground facilities to serve the residents, and that portions of tracts having the best soils for agricultural use shall be incorporated as areas for landscaping or agricultural use. Open space locations shall be convenient to the population they serve, as well as in locations assisting in the improved design of these developments.

(2) Innovative housing types. It is intended through this chapter that innovative land use and mixtures of housing types be allowed within an individual development. Flexible land use standards, within the established zone density, should allow optimum use of the site while preserving critical areas and common open space as outlined above. Patio houses, atrium homes, clustered single family homes, townhouses, etc., as well as mixtures of these types, are all encouraged; provided, however, that they are located so as to be compatible with surrounding existing uses, and provided further that an integrated theme of layout, architecture and construction be used throughout the development.

(3) Mixed land use for various purposes. Where developments are of sufficient land area and population, a mixture of residential, commercial and office uses is encouraged, provided that the service area for nonresidential uses is primarily for the development itself. Different uses should be separated though coordinated, and different uses should be related through an overall design.

(4) Other factors relevant to authorizing planned developments. It is intended that the location and design standards for streets will incorporate the objectives of the adopted Master Plan and that many of the development pressures expected to occur will be better handled through planned development legislation, such as assuring the protection of open spaces, floodplains and wetlands, landscaping to control erosion and siltation and to encourage an aesthetic quality in new developments, housing diversification to provide a wider choice of housing for all age and income groups as well as to encourage employment opportunities, reduced street and utility mileage to reduce construction costs as well as long-term maintenance costs, coordinated overall design and the ability to control the staging of development, each stage with balanced terms and conditions to protect the interests of the public, the residents and owners within the planned development.

(5) Industrial uses in planned developments. It is an express objective of these planned development provisions that industrial manufacturing uses not be allowed in a planned development unless that portion of the property falls within the designated industrial zones. In no case shall access to industrial operations be solely through a residential area.

C. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as the proposed improvements to the off-site road infrastructure are completed so provided in the Master Plan or until such time as the Township Engineer and the Planning Board by majority vote certify to the Township Committee that then current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the area to be developed as compared to the district as a whole. Funds in the escrow account shall be expended by the Township for their intended purpose within five years of deposit or shall be returned with interest to the developer.

[Added 10-12-1982 by Ord. No. 82-13]

§ 188-111 Preservation of rights in prior approved planned unit developments; application of prior standards.

A. It is recognized that there are planned unit developments which were granted final approval and tentative approval under the Planned Unit Development Ordinances in effect prior to the adoption of this chapter, in which higher density residential units per acre were permitted, and that, under the provisions of the Municipal Planned Unit Development Act (1967), N.J.S.A. 40:55-54 et seq., in effect at that time, such approvals have granted to the applicants certain rights to such higher densities which have survived the adoption of this chapter. It is further recognized, however, that it may be to the advantage of the Township of Hillsborough to permit lower densities than those previously granted, although higher than the limitation set forth in this article. Accordingly, the approving authority is hereby given the authority to permit amendment of any application which has heretofore received tentative and/or final approval and which approval permitted an average residential unit density greater than eight units per acre, upon the following terms:

(1) That the development, as amended, will not exceed eight units per gross site acre exclusive of flooding and flood hazard areas.

(2) That the development, as amended, will not exceed the density or intensity of land use as computed under Section 2406-A of the ordinance superseded hereby.[1]

	Type of Construction	Person Per Unit
	Single-family house	4
	Three-bedroom townhouse	4
	Two-bedroom townhouse, apartment or condominium unit	3
	Garden apartment, condominium unit or townhouse having one bedroom	2.5
	Medium-rise apartment or condominium unit or efficiency apartment	2
	However, each housing type shall also be limited by the separate density requirements specified hereunder.

[1] Editor's Note: The ordinance referred to was adopted 8-14-1973 as Ord. No. 73-13, which amended the former Zoning Ordinance adopted 5-8-1973 as Ord. No. 73-5. Section 2406-A read as follows: “2406-A. Pursuant to New Jersey Statutes 40:55-57(b)(1), the following standards are hereby established governing the density, or intensity of land use, in a planned unit development: in any project, the average population density of residential land including Community Facilities Areas as required hereunder shall not exceed 25 persons per acre for such residential land. For the purposes of this computation, the following schedule shall be adhered to:”

(3) That the housing types and mix shall conform to Section 2406 of the ordinance superseded hereby[2] or to that as permitted in this article.

[2] Editor's Note: The following is the text of Section 2406: “2406. Proportion and Timing of Development. The express purpose of the PUD option is to provide a balance and variety of housing types along with commercial uses, while providing for a more efficient use of land within the Township. Accordingly, specific guidelines for housing types and mix are not given, provided, however, that the following general guidelines for residential dwellings shall hold: (a) Not more than 20% single-family detached dwellings. (b) Not more than 75% townhouses. (c) Not more than 50% garden and medium rise apartment units. “Townhouses with one bedroom or less shall be considered as garden apartment units. Construction of commercial and office or research centers serving both the residents of the PUD and the Township at large will be encouraged where compatible with Township needs. Construction of all uses shall proceed as nearly simultaneously as possible and such construction schedule shall be reported monthly to the Planning Board by the site developers for review by the Board.”

(4) That the proposed amendment shall otherwise be in substantial compliance with the terms of the prior final and/or tentative approval, as substantial compliance was defined in N.J.S.A. 40:55-63b, or, if not in such substantial compliance, then a public hearing shall be required.

(5) That any prior final approval shall expire two years from January 1, 1977, as contained in N.J.S.A. 40:44D-52 unless the final subdivision plat is filed with the county recording officer and, for a site plan, the building permit(s) have been issued by December 31, 1978. This time may be extended by the Planning Board upon request of the developer under the conditions contained in N.J.S.A. 40:55D-52.

(6) That any prior tentative approval shall expire three years from January 1, 1977, as contained in N.J.S.A. 40:55D-49 unless the final plat is submitted by December 31, 1979. The three year-period may be extended by the Planning Board upon request of the developer under the conditions contained in N.J.S.A. 40:55D-49.

B. Any application made pursuant to this section for modification or amendment to a preexisting final and/or tentative approval shall be without prejudice to the existing rights of the applicant under said act, and denial of application for amendment shall not affect the preexisting rights of said applicant.

C. The purpose of this section is to give the approving authority the right, authority and opportunity to encourage and permit the reduction of densities from those heretofore permitted and to encourage a greater mix as to types of housing than has resulted from preexisting applications which have attained vested rights under the Act. Nothing herein, however, shall give any such applicant the right to any such amendment, and the approving authority shall have the discretion to grant any such amendment subject to the limitations of this article and in accordance with the purposes and objectives of the planned unit development area as a whole.

D. Except as may be amended or modified pursuant to Subsection A above, approvals granted for planned unit developments under the ordinance superseded hereby shall continue in effect in accordance with the terms of such prior approvals as the same may be hereafter amended, and shall be governed as to substantive matters (such as density and housing mix) by the provisions of the ordinance superseded hereby.

§ 188-112 Economic Development District.

[Added 7-14-1981 by Ord. No. 81-11; amended 10-12-1982 by Ord. No. 82-13]

A. Purpose. The purpose of this district is to recognize the interrelationships between industrial and office park development and limited retail uses. The district is intended to generate an employment area designed and developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate the permitted uses and to promote on-site coordination of buildings, parking, circulation, landscaping and other design criteria and economic development in this district as well as the I-1, I-2 and GI Districts.

B. Permitted principal uses.

(1) Offices and office buildings.

(2) Corporate conference center.

(3) Restaurants.

(4) Theaters, gymnasiums, tennis and pool facilities.

(5) Fiduciary institutions.

(6) Libraries and museums.

(7) Medical centers.

(8) Hotels/motels.

(9) Retail sales of goods and services limited to products manufactured by that company, such as a service center for office computers or copying machines, or the retail sale of secondhand, damaged or rejected products produced by the company, such as an outlet store, shall not exceed 5% gross floor area.

(10) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.

[Added 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]

(11) Schools.

[Added 2-11-1997 by Ord. No. 97-06]

C. Conditional uses.

(1) Light manufacturing which involves processing, assembly, packaging and storage of the finished product, provided that all material is kept completely within an enclosed building and provided that uses are in conformance with the requirements of § 188-97, Prohibited uses, and § 188-72, Performance standards.

D. Permitted accessory uses.

(1) Off-street parking.

(2) Trash and garbage collection areas.

(3) Loading and unloading areas.

E. Area, yard and bulk regulations.

(1) The development shall be designed as a single entity requiring coordination of building locations, access drives, parking, buffers, loading and all other design elements and shall be approved by the approving authority whether or not the buildings are erected in one development stage or over a period of time. The streets, utilities, lots and/or tenant's parcels must be set forth on a plan for the entire tract prior to construction on any portion of the tract. As development takes place in accordance with the approved plans, changes subject to the review of the approving authority may be made in the plans for the undeveloped sections to accommodate subsequent land needs in the undeveloped sections, provided that the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities and are consistent with the intent of any restrictions imposed on the original approval.

(2) Maximum lot coverage: 60%.

(3) Maximum building height: 60 feet, except that no building shall exceed 20 feet unless set back from all property lines a distance equal to five times the building height.

(4) Maximum floor area ratio shall be 0.3. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating the permitted density allowable for that building or structure.

[Amended 8-14-1990 by Ord. No. 90-14]

(5) A minimum buffer area of 50 feet shall surround the perimeter of the overall tract. An intensive buffer design will be required where abutting an existing residence per § 188-38D.

(6) (Reserved)[1]

[1] Editor's Note: Former Subsection E(6), Minimum tract size, was repealed 3-13-2012 by Ord. No. 2012-08.

(7) Standards.

(a) Lot area: 25 acres minimum, except schools for which the lot area shall be 10 acres minimum.

[Amended 2-11-1997 by Ord. No. 97-06; 3-13-2012 by Ord. No. 2012-08]

(b) Setbacks. All building must be set back not less than 100 feet, except that no building may be closer than 150 feet to a property line fronting on a collector street.

F. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as the proposed improvements to the off-site road infrastructure are completed as provided in the Master Plan or until such time as the Township Engineer and the Planning Board by majority vote certify to the Township Committee that then-current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the area to be developed as compared to the district as a whole. Funds in the escrow account shall be expended by the Township for their intended purpose within five years of deposit or shall be returned with interest to the developer.

§ 188-113 CDZ Corporate Development Zone.

[Added 8-12-1986 by Ord. No. 86-13]

A. Purpose. The purpose of this district is to provide and promote suitable corporate development opportunities, promote improved land use which is compatible with residential areas and existing and proposed transportation facilities and protect one of the Township's more valuable land masses by ensuring its proper development. It is also the intention to encourage architecture of a quality that is consistent with quality corporate office development. Flexibility of various ownership patterns (i.e., condo, rental) and land development concepts is encouraged so that the resultant overall development creates a positive image in this quadrant of Hillsborough. Additionally, it is intended that development within this zone be encouraged to reduce single occupant work trips so as to minimize impacts on major roadways.

B. Permitted principal uses. Permitted principal uses shall be as follows:

(1) Corporate office developments.

(2) Corporate conference centers.

(3) Offices and office buildings.

(4) Farms.

(5) Fiduciary institutions.

(6) Libraries and museums.

(7) Medical centers.

(8) Hotels/motels.

(9) Transportation centers.

(10) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.

[Amended 8-14-1990 by Ord. No. 90-14; amended 9-22-2009 by Ord. No. 2009-31]

(11) Restaurants.

[Added 6-23-2009 by Ord. No. 2009-23]

C. Conditional uses.

[Amended 12-10-1991 by Ord. No. 91-28; 6-23-2009 by Ord. No. 2009-23]

(1) Research and development.

(a) Minimum lot area: five acres.

(b) Minimum lot width: 300 feet.

(c) Minimum lot depth: 300 feet.

(d) Minimum front yard: 100 feet.

(e) Minimum side yard: 75 feet.

(f) Minimum rear yard: 100 feet.

(g) Maximum impervious coverage: 50%.

(h) Maximum building height: three stories/40 feet.

(i) Minimum buffer: 50 feet around side and rear lot lines where abutting an existing residential dwelling or residential zone.

(2) Heliports and airports, subject to compliance with the applicable requirements contained in § 188-53.[1]

[1] Editor's Note: Former Subsection C(2), regarding utility facilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection C(3) through (6) as Subsection C(2) through (5), respectively.

(3) Retail sales of goods and services pursuant to the requirements contained in § 188-112 B(9).

(4) Golf courses and related recreational uses.

(a) Minimum lot area: 150 acres.

(b) Minimum building setbacks: 100 feet to all property lines.

(5) Light industrial or office development on tracts less than 50 acres, which may be located in a corporate development park or as an isolated tract.

(a) Minimum lot area: five acres.

(b) Minimum lot frontage: 300 feet.

(c) Minimum front yard: 100 feet.

(d) Minimum side yard: 75 feet.

(e) Minimum rear yard: 100 feet.

(f) Maximum impervious coverage: 50%.

(g) Maximum building height: three stories/40 feet.

(h) Minimum buffer: 50 feet around side and rear lot lines where abutting an existing residential dwelling or residential zone.

D. Area, yard and bulk regulations. Area, yard and bulk regulations shall be as follows:

(1) The development shall be designed as a single entity requiring coordination of building locations, access drives, parking, buffers, loading and all other design elements and shall be approved by the approving authority whether or not the buildings are erected in one development stage or over a period of time. The streets, utilities, lots and/or tenant's parcels must be set forth on a plan for the entire tract prior to construction on any portion of the tract. As development takes place in accordance with the approved plans, changes subject to the approval of the approving authority may be made in the plans for the undeveloped sections to accommodate subsequent land needs in the undeveloped sections, provided that the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities and are consistent with the intent of any restrictions imposed on the original approval.

(2) Maximum lot coverage: 60%.

(3) Maximum building height 60 feet, except that no building shall exceed 20 feet unless set back from all property lines a distance equal to five times the building height.

(4) Maximum floor area ratio shall be 0.3. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating the permitted density allowable for that building or structure.

[Amended 8-14-1990 by Ord. No. 90-14]

(5) A minimum buffer area of 50 feet shall surround the perimeter of the overall tract. An intensive buffer design will be required where abutting an existing residence per § 188-38D.

(6) Minimum tract size: 50 acres.

(7) Setbacks. All buildings must be set back not less than 100 feet from all lot lines, except that no building may be closer than 150 feet to a property line fronting on a collector street. The minimum lot width at setback shall be 300 feet.

E. Surface access requirements. Neither principal nor conditional uses shall be permitted in any zone until such time as then-proposed improvements to the off-site road infrastructure are completed as provided in the Master Plan or until such time as the Township Engineer and the Planning Board, by a majority vote, certify to the Township Committee that then-current alternate surface roadways will safely and adequately handle the projected traffic entering and exiting the development proposed for the district, except that those uses provided may be permitted if the developer places a pro rata share in an escrow fund to be administered by the Township and used for completion of off-site road improvements. Each developer's pro rata share of the total road improvement cost will be in proportion to the area to be developed as compared to the district as a whole.

F. Corporate development park (CDP).

(1) An "industrial or office park" is a total tract comprehensively planned, designed and approved for industrial or office uses, whether or not the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots and/or tenant's parcels are set forth on a plan for the entire tract prior to construction on any portion of the tract. As development takes place in accordance with the approved plans, changes may be made in the plans for the undeveloped sections to accommodate subsequent land needs in the undeveloped sections, provided that the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities and are consistent with the intent and restrictions of the original approval.

(2) Corporate parks in the CDZ District shall be 50 acres or more. The average lot size for the park shall not be less than 25 acres. No lot shall be less than 10 acres. All lots in the corporate parks shall have a minimum lot width of 175 feet, a front yard setback of 100 feet and side and rear yard setbacks of 50 feet.

G. Zoning Map. The Zoning Map attached to and made a part of this chapter be and the same is hereby amended in accordance with the revisions contained therein.[2]

[2] Editor's Note: The Zoning Map is on file at the Township offices. Ordinance No. 86-13 amended the Zoning Map to rezone certain lands from GI to CDZ, GI to O5 and RA to O5.

§ 188-113.1 GA Gateway A District.

[Added 6-13-2006 by Ord. No. 2006-19]

A. Purpose. The purpose of the Gateway A District is to promote land uses along Route 206, New Amwell Road and Amwell Road next to the Town Center development area that are compatibly designed and function as a transition between the highway and the emerging Town Center development. The Gateway A District is delineated on the revised zoning map referred to herein and provided as part of this ordinance.

B. Principal permitted uses. All uses shall be provided at a scale and size that is appropriate for the district. There may be more than one principal permitted use or structure on a lot subject to compliance with § 188-113.1C through H as contained below.

[Amended 11-12-2007 by Ord. No. 2007-38]

(1) Retail sales of goods and personal service establishments.

[Amended 6-7-2010 by Ord. No. 2010-14]

(2) Offices, medical centers and veterinary hospitals.

(3) Indoor and outdoor recreation facilities, including fitness centers, gymnasiums, tennis courts and pools.

(4) Banks, fiduciary institutions and insurance offices.

(5) Business services.

(6) Restaurants, including sit-down and carryout as long as food and/or drink shall not be served directly to patrons in motor vehicles.

(7) Public playgrounds, conservation areas, parks and other public gathering places.[1]

[1] Editor's Note: Former Subsection B(7), regarding utilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection B(8) through (11) as Subsection B(7) through (10), respectively.

(8) Mixed used development, including the permitted principal uses indicated above, shall be permitted where a property located in the Gateway A District directly abuts the Town Center and any existing residential development, such that the residential component shall not exceed a density of four dwelling units per acre and shall be located as a buffer between existing residential development and commercial development in the Town Center.

(9) Art studios, for the creation, assembly or production of works of art including, but not limited to, paintings and sculpture; art education and instruction; and art galleries where works of art are exhibited to the public and sold.

[Added 10-14-2008 by Ord. No. 2008-37]

(10) Commercial instructional activities.

[Added 10-14-2008 by Ord. No. 2008-37]

(11) Extended care facilities.

[Added 8-8-2017 by Ord. No. 2017-08]

C. Accessory uses.

(1) Street furniture such as benches, street lamps, bicycle racks, trash receptacles, tree grates, bus shelters, landscape planters and hanging baskets and similar items shall be provided. The Planning Board or Board of Adjustment may require that street furniture shall be permanently secured to the sidewalk.

(2) All streets, alleys, sidewalks and pathways shall connect to other streets within the same development and connect to existing streets outside the development, as appropriate. Dead-end streets are not permitted within any new developments unless such condition is unavoidable, subject to the granting of a waiver as part of Planning Board or Board of Adjustment approval.

(3) Parking areas are required and shall be designed to be coordinated with adjoining lots to control the number of access points to Route 206. However, access drives may be granted temporary approval to be removed when alternate access becomes available.

(4) Trash and garbage collection areas which are fully screened.

(5) Loading areas which are fully screened.

D. Area, yard and bulk regulations:

(1) Minimums:

(a) Lot area: two acres.

(b) Lot width: 200 feet.

(c) Lot depth: 250 feet from any proposed right-of-way as shown on the Master Plan.

(d) Front yard setback: The minimum front yard shall be 10 feet.

(e) Side yard setback: The minimum side yard shall be five feet, unless abutting a residential zone or use, in which case the side yard shall be 10 feet. There shall be no internal side yard setback where multiple buildings occupy one lot.

(f) Rear yard setback: The minimum rear yard shall be 25 feet, unless abutting a residential zone or use, in which case the rear yard set back shall be 50 feet.

(g) Floor area ratio: 0.175.

[Amended 11-22-2011 by Ord. No. 2011-22]

(h) Building height: two stories or 30 feet.

(2) Maximums.

(a) Floor area ratio: 0.35.

(b) Lot coverage: 60%.

(c) Building height: 2 1/2 stories and 35 feet.

(3) Buffer areas shall be at least 15 feet wide and are required along all property lines abutting any residential zone or use, around loading and trash collection points and along street lines where residences or residential zoning is across the street.

E. Off-street parking requirements.

(1) On-street parking, where provided within 500 feet of any proposed use, shall count towards the off-street required parking.

(2) The minimum number of required off-street parking spaces for the permitted uses in the GA District are as follows:

(a) Retail at 3.5 spaces per 1,000 square feet of gross floor area.

(b) Office, bank, fiduciary institution at three spaces per 1,000 square feet of usable floor area.

(c) Medical office, veterinary hospital at four spaces per 1,000 square feet of usable floor area.

(d) Theater, bowling alley and indoor/outdoor recreation facility at 3.5 spaces per 1,000 square feet of gross floor area.

(e) Business service at 3.5 spaces per 1,000 square feet of gross floor area.

(f) Restaurant at four spaces per 1,000 square feet of gross floor area.

(g) Public uses at four spaces per acre or portion thereof.

(h) Residential at 1.5 spaces per dwelling unit.

(i) Extended care facilities at one space for every three beds plus one space for each employee.

[Added 8-8-2017 by Ord. No. 2017-08]

F. Supplemental regulations.

(1) Site relationships.

(a) Building placement, front setback:

[1] Minimum front setback for new buildings shall be 10 feet.

[2] Maximum front setback shall be 20 feet.

(b) Building placement, orientation:

[1] A minimum 40% of the front facade of any new building shall be located 10 feet from the front property line.

[2] Buildings and site improvements shall be designed to minimize changes to existing topography and mature vegetation.

[3] The primary entrance of each building shall accommodate pedestrian access from the streets as well as from the parking lots.

[4] Secondary public entrances, if provided, shall be designed in a manner consistent with primary entrances if visible from public streets or parking lots.

(c) Vehicular and pedestrian access.

[1] A maximum of one curb cut shall be allowed for lots with street frontage less than or equal to 500 feet. One pair of one-way curb cuts shall count as one curb cut.

[2] For lots with street frontage greater than 500 feet, one additional driveway opening per 250 feet of street frontage shall be allowed.

[3] The maximum width of curb cuts shall be:

[a] Twelve feet for one-way drives; and

[b] Twenty-four feet for two-way drives.

Wider curb cuts with landscaped medians may be allowed for multidirectional traffic on lots with street frontage greater than 250 feet or for shared driveways.

[4] Shared driveways that serve more than one property are encouraged to be provided where deemed appropriate by the Planning Board or Board of Adjustment. Cross access shall be required between adjoining properties.

[5] Pedestrian and/or bicycle connections to the primary public entrance of the building shall be provided.

[6] To the greatest extent possible, all portions of the development site shall be linked via a sidewalk and pathway network as approved by the Planning Board or Board of Adjustment; the site shall be pedestrian-oriented, with a design that enables and encourages pedestrian and bicycle circulation, with linkages to surrounding areas. The applicant shall utilize the Master Plan in developing a pedestrian and bicycle pathway network. Adequate bicycle storage facilities shall be provided.

[7] Where a service or commercial lane or access drive is incorporated into the design, the Planning Board or Board of Adjustment may further restrict the number of curb cuts.

(2) Route 206 right-of-way. The following are specific requirements for property fronting along Route 206:

(a) The right-of-way shall be at least 97 feet. An illustrative cross section is provided.[2]

[2] Editor's Note: Illustration is included at the end of this chapter.

(b) A minimum five-foot-wide sidewalk and ten-foot-wide planting strip with street trees and curbing shall be provided along Route 206 property frontage.

(c) Future reservation should be provided for an eight-foot-wide parallel on-street parking strip when existing Route 206 is changed in function due to the completion of the Route 206 bypass or equivalent.

(d) Future reservation should be provided for a six-foot-wide bike lane when existing Route 206 is changed in function due to the completion of the Route 206 bypass or equivalent.

(3) Landscaping.

(a) A landscape plan shall be provided for the entire site and shall be prepared by a licensed landscape architect.

(b) All trees planted in front of the front building line shall be at least three inches in diameter for single-stemmed trees, or 10 to 12 feet in height for multistemmed trees at the time of planting. All other trees shall be 2 1/2 inches in diameter at the time of planting, unless otherwise provided by these standards.

(c) Existing trees having a DBH (diameter-at-breast-height, measured at 4 1/2 feet above ground level) over six inches shall be preserved unless removal is approved by the Planning Board or Board of Adjustment. If a preserved tree dies, it must be replaced with a two-and-one-half-inch-diameter tree of the same or similar tree species, subject to approval by the Township Planning Department.

(d) Impervious materials shall not be placed over the critical root zone of a preserved tree. The critical zone is a ratio of one inch DBH to one foot radius around the tree.

(e) All exposed soil areas shall be covered with bark, ground cover, or other weed control measures.

(f) A single row of canopy trees shall be planted along property lines abutting a street at a ratio of one tree for every 40 linear feet within a minimum ten-foot-wide planting strip.

(4) Off-street parking site design.

(a) Parking areas shall be designed as a series of smaller lots that provide space for no more than 20 cars for double-sided parking and 10 cars for single-sided parking. The small parking lots shall be separated by minimum five-foot-wide internal planting areas that feature trees planted in grass or other approved landscape material.

(b) Parking areas shall be located behind or on the side of buildings and subject to appropriate screening requirements as provided in this section. Parking areas shall not be located between the roadway and the fronts of buildings.

(c) All parking areas, where visible from a public street, shall be screened by a five-foot-high solid wall, architectural fence and/or solid evergreen hedge.

(d) One canopy tree shall be provided at a ratio of one tree to every four parking spaces in the parking area.

(e) Each parking space shall be within 50 feet of a planted or retained tree trunk.

(f) Where slopes over 5% exist, parking bays shall be terraced, with planting between changes in level.

(g) Where over 100 parking spaces are provided, pedestrian pathways identified with smaller scale pavement (pavers or scoring) oriented toward the principal building entrances shall be provided.

(h) Each separate planting area shall have a minimum of 150 square feet per tree and shall have a minimum dimension of at least five feet.

(i) In addition to required trees, planting areas shall be landscaped with shrubs, ground cover, or other approved landscaping material not exceeding 3 1/2 feet in height.

(j) Where parking is adjacent to a public right-of-way, a ten-foot-wide landscape buffer shall be provided between the edge of the right-of-way and the edge of the parking lot. In addition to the required trees and screening, the buffer shall consist of one of the following:

[1] Landscaping with one shrub to every three linear feet.

[2] Berm with a three-foot-minimum height planted with ground cover, shrubs, and trees.

(5) Pedestrian circulation.

(a) Paving materials shall identify pedestrian pathways within parking lots.

(b) Pedestrian walkways at least five feet in width shall be provided from public sidewalks adjoining the property to a principal public/customer entrance.

(c) Along facades with a public/customer entrance and along any facade abutting public parking areas, sidewalks at least five feet in width shall be provided along the full length of the facade.

(d) Walkways shall have at least two of the following:

[1] Landscaped areas along at least 30% of their length;

[2] Use of smaller scale pavement (pavers or scoring);

[3] Pedestrian-scale lighting;

[4] Rain protection (awnings, arcades).

(6) Decorative walls, fences and screening design.

(a) Decorative walls and fencing may be required by the Planning Board or Board of Adjustment to compliment the structure style, type and design of the principal structure.

(b) Walls and fencing are allowed only in side and rear yards and behind the front building line, with the exception of outdoor eating and play areas.

(c) Walls and fencing shall be constructed of durable high-quality materials and shall display a high quality in finish and detail and shall be made of masonry, ornamental metal, wood, stucco, or a combination of these materials.

(d) Walls and fencing greater than 50 feet in length shall have a change in plane, height, material, or material texture, or significant landscape massing.

(e) Planting shall be considered as part of any wall or fence plan.

(7) Loading, outdoor storage, and service areas.

(a) Where these areas face adjacent residential uses or public rights-of-way, an earthen berm, no less than six feet in height, containing, at a minimum, evergreen trees planted at intervals of 20 feet on center and seven evergreen shrubs per tree, shall be provided.

(b) No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 35 feet of any public street or public sidewalk.

(c) Materials, colors, and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the principal building.

(d) Service functions shall be incorporated into the overall design of the building and landscaping, so that they are fully contained and out of view from adjacent properties and rights-of-way.

(e) Truck delivery and circulation routes shall be separated from customer circulation.

(8) Supplemental affordable housing requirements.

(a) For permitted nonresidential uses, a minimum of one affordable unit is required for every 20 new jobs created, subject to all applicable affordable housing requirements as contained in this chapter.

(b) For permitted residential uses, a minimum of 20% of the total dwelling units shall be affordable, subject to all applicable affordable housing requirements as contained in this chapter.

(9) Lighting. All lighting must comply with the provisions contained in § 188-57.

[Added 10-14-2008 by Ord. No. 2008-36]

G. Architectural standards.[3]

(1) General. Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements in the Architectural and Site Design Overlay Zone, as contained in §§ 188-167 to 188-175, shall apply, except as otherwise provided in the Gateway A District requirements, as indicated herein.

(2) Requirements for establishments with drive-through windows.

(a) A drive-through facility shall be architecturally integrated into the principal building.

(b) A drive-through facility shall not be located on the street side of the building or in front of the front building line.

(c) A drive-through facility shall be permitted only at locations where such facility is not a dominant visual element within the Gateway A District.

(d) A drive-through facility shall be limited to two service lanes.

(e) A drive-through facility, accompanying driveway and associated signage shall be set back a minimum distance of 50 feet from any land zoned for residential development.

(f) A drive-through facility and associated signage shall be provided with landscaping to visually enhance views of the facility, signage and driveway as seen from the surrounding area.

(g) A drive-through facility shall not adversely impede or conflict with pedestrian and/or vehicular circulation in the area.

(h) The Planning Board or Board of Adjustment shall be satisfied that the on-site and off-tract traffic circulation is capable of accommodating the proposed traffic volume associated with such facility, particularly during peak hours. The stacking driveway for the drive-through window shall provide room for at least five automobiles and shall be separated from any off-street parking areas and their access aisles, loading areas or trash enclosures.

[3] Editor's Note: This subsection was originally adopted as Subsection H, but was redesignated as Subsection G 10-14-2008 by Ord. No. 2008-36.

H. Signs.

[Amended 11-12-2007 by Ord. No. 2007-38; 10-14-2008 by Ord. No. 2008-36[4]]

(1) There shall be a consistent design theme throughout the development. A unifying design theme shall include style of lettering, method of attachment, construction, material, size, proportion, lighting, position and day/night impacts. Color of letters and background shall be carefully considered in relation to the color of the material of the building(s) or where the signs are proposed to be located. Signs shall be a subordinate rather than predominate feature of any building. The lettering and sign shall be compatible with the architecture of the building.

(2) A comprehensive signage plan shall be provided which covers overall project identification, window signage and lettering, individual building/tenant identification, traffic regulations, pedestrian crossing(s), street identification, parking and directional instructions. A signage hierarchy shall be established governing the above signage categories.

(3) All permitted signage shall consist of the following:

(a) Temporary signs pursuant to § 188-83H.

(b) Signs permitted in all areas of the Township pursuant to § 188-83G.

(c) Wall, canopy and awning signs.

[1] Each permitted use may have one wall sign, provided that the sign shall not exceed an area equal to 10% of the area of the ground floor facade or 30 square feet, whichever is less.

[Amended 11-22-2011 by Ord. No. 2011-23]

[2] Corner uses may have a second wall sign, provided that such sign is located on the secondary street facade and does not exceed an area equal to 1/2 of the area of the primary street facade wall sign or 20 square feet, whichever is less.

[Amended 11-22-2011 by Ord. No. 2011-23]

[3] Each permitted use may have one canopy sign or one awning sign; however, such signs shall not exceed an area equal to 10% of the area of the ground floor facade or 30 square feet, whichever is less, and such signs shall be located on the valence area only.

[Amended 11-22-2011 by Ord. No. 2011-23]

[4] Any sign hanging underneath a canopy or awning shall not extend beyond the outer dimensions of the canopy or awning and shall not exceed six square feet in area.

[5] Permitted uses with an additional public entry from a rear facade may have one additional wall sign on such facade; however, such sign shall not exceed 10 square feet in area.

[6] Wall, canopy and awning signs shall be located no higher than the bottom sills of second-story windows, and be visible to both pedestrians and motorists.

(d) In addition to the above signs, each developed parcel of land may be permitted one freestanding sign for each street frontage, with each sign not to exceed 30 square feet in area and not to exceed eight feet in height, and shall contain the name of the project and the street number and may contain a directory of occupants occupying no more than 85% of the total sign area.

[1] The street number shall not count towards the total permitted sign area, but may not exceed three square feet and must be within the envelope of the permitted sign.

[2] The directory-of-occupants portion of the freestanding sign may have the name of the project in letters up to 16 inches high and include any number of tenant names that fit using, at a minimum, eight-inch letters with two-inch spaces between lines. Logos may appear on a directory-of-occupants sign.

(e) Permanent door and window signs are permitted; however, such signs shall not exceed a total of 20% of the glass area of any door or window. Permitted wall signs may be painted or affixed to windows or doors.

(f) Temporary window signs may be located and displayed on the inside of ground floor windows of business uses. Such signs shall not exceed 50% of each window area and shall not be displayed for more than a forty-five-day period of time.

(g) Banks may display, in addition to the above applicable signs, one wall or ground sign not exceeding four square feet in area, indicating the availability of an automated teller machine.

(h) Sidewalk and A-frame signs are permitted on a sidewalk or walkway in any commercial development, but shall not be placed in any public right-of-way or impede vehicular or pedestrian traffic in any way. Such signs shall not exceed eight square feet per sign face.

[4] Editor’s Note: This ordinance also provided for the redesignation of former Subsection G(3), Signs, as Subsection H.

I. Conditional uses.

[Added 6-23-2009 by Ord. No. 2009-23]

(1) Age-restricted planned development.

(a) Minimum lot area: 15 acres.

(b) Maximum lot area: 20 acres.

(c) Provide for 20% COAH moderate-income, age-restricted housing, which may also be satisfied with a fifteen-percent set-aside of qualified moderate-income senior housing rental units.

(d) Shall have frontage on Route 206, and it shall be adjacent to or in proximity with existing retail development.

(e) Must be in the GA Gateway A District.

(f) Vehicular access and egress to and from the planned development shall be via a street system that intersects with Route 206 at a signalized intersection.

(g) Maximum density: six dwelling units per net acre.

(h) Minimum buffer to any property line: 50 feet.

(i) Shall have at least two points of ingress and egress for pedestrians and emergency vehicles.

(j) Shall incorporate not less than 15 square feet of floor space of clubhouse or community building per dwelling unit, but not less than 1,500 square feet.

(k) Shall have direct pedestrian linkage to retail services.

(l) Minimum number of units: 80.

(m) Maximum number of units: 110.

(n) The minimum gross floor area shall be:

[1] Efficiency: 600 square feet.

[2] One-bedroom: 700 square feet.

[3] Two-bedroom: 800 square feet.

(o) Shall include an on-site ADA-compliant network of walkways, parking areas, and common land amenities, such as benches and gardens, and shall follow any and all applicable architectural guidelines, including the architectural guidelines for senior housing and/or cluster housing in § 188:113.1G(1), Architectural standards, as applicable.

(p) Footnotes 1, 2, 3, 5, 7, 8, 11 and 22 of the Schedule for Residential Zones shall apply.[5]

[5] Editor's Note: The Schedule for Residential Zones is included at the end of this chapter.

(q) Through its corporation, association or owners, said age-restricted planned development shall be restricted by bylaws, rules, regulations and/or restrictions of record to use by permanent residents 55 years of age or older pursuant to the Federal Fair Housing Act (42 U.S.C. § 3607), with the exception that a husband or wife under the age of 50 years may reside with his/her spouse who is 55 years of age or older.

J. Multifamily Inclusionary Overlay District.

[Added 12-12-2017 by Ord. No. 2017-20]

(1) Purpose, applicability, and affordable housing obligation.

(a) The purpose of the Multifamily Inclusionary Overlay District is to provide an incentive for the construction of affordable multifamily housing in the Gateway A District. The standards are intended to offer maximum flexibility for site design and selection of dwelling unit types in order to offer a balanced housing pattern attractive to all income and age segments of the community as part of the Township's fair share housing plan for meeting the region's low- and moderate-income housing needs.

(b) This overlay district applies to the following properties: Block 200.01; Lots 4, 5 and 6 on the Hillsborough Township Tax Map, which must be planned and developed as a single tract to qualify for the overlay option. For the purposes of this section, a "tract" is defined as an area of land comprised of one or more adjacent lots which together have sufficient dimension and area to make one parcel of land meeting the requirements of this section for the uses intended.

(c) A minimum of 24% of the total number of residential units shall be low- and moderate-income units in accordance with applicable affordable housing regulations, including but not limited to Article VII of this chapter, but in no case shall there be less than 31 low- and moderate-income units provided on the tract, regardless of the total number of units constructed.

(2) Permitted principal uses in the overlay district: multifamily residential buildings.

(3) Permitted accessory uses in the overlay district.

(a) Garages, storage sheds, maintenance offices, property management offices, and noncommercial community recreational facilities associated with residential communities.

(b) All other uses customarily incidental and accessory to a multifamily residential community.

(4) Tract requirements. The minimum tract size shall be 9.3 acres with a minimum of 430 feet of frontage on Amwell Road.

(5) Yard and bulk requirements for multifamily buildings.

(a) Minimum lot size: 9.3 acres.

(b) Minimum lot frontage: 430 feet on Amwell Road.

(c) Minimum lot width: 430 feet.

(d) Minimum lot depth: 945 feet.

(e) Minimum front yard setback: 80 feet from Amwell Road; 100 feet from Steinmetz Road.

(f) Minimum side yard setback: 20 feet from tract or lot boundary.

(g) Maximum total impervious coverage: 60%.

(h) Maximum building height.

[1] Multifamily dwellings: 45 feet/three stories.

[2] Accessory buildings: 20 feet.

(i) Maximum building length: 220 feet (see supplemental regulations regarding building length).

(j) Minimum building-to-building distance requirements: 25 feet, except for accessory structures/buildings.

(6) Maximum residential units. The total number of dwelling units on the tract shall not exceed 126 units.

(7) Parking requirements.

(a) Parking shall be provided in accordance with the R.S.I.S.

(b) Parking is prohibited between the forward-most building and Amwell Road.

(c) Any parking that is visible from Amwell Road shall be appropriately screened.

(8) Signs. The tract in question may have one permanent entry sign with a maximum area of 20 square feet and shall not exceed a height of six feet. The permanent sign shall be located near the entrance drive but shall not be located within any sight triangles nor closer than 10 feet from a public right-of-way or within any sight triangles. The sign shall otherwise meet the requirements of §§ 188-113.1H and 188-83.

(9) Supplemental regulations.

(a) To the extent that the regulations contained herein conflict with any other portion of the Zoning Ordinance, the regulations herein shall control any development in this overlay district.

(b) Buildings and site improvements shall be designed to minimize changes to existing topography and mature vegetation to the extent reasonably appropriate. A landscape plan shall be provided for the entire site and shall be prepared by a licensed landscape architect.

(c) Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements contained in §§ 188-167 to 188-175 of the Architectural and Site Design (ASD) Overlay Zone shall apply, except as otherwise provided in the Gateway A District or this subsection. In addition, residential buildings in this overlay district may exceed the 100-foot maximum wall length established in § 188-175.B(5) of the ASDO if it can be demonstrated that the appropriate design features have been employed to modulate the facade to give the appearance of several buildings and otherwise comply with that section.

(d) No rear walls or blank walls shall face Amwell Road.

(e) There shall be a minimum twenty-foot buffer adjacent to any residential district or existing residential use. Such buffer shall be reviewed by the proper approving board to determine if the existing vegetation provides a sufficient year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or a fence or berm. Once all screening/landscaping improvements are completed, a conservation easement shall be established by the applicant for the buffer area.

(f) Fencing may be included on the perimeter of the tract, or within the tract, provided the fencing is of an architecturally compatible design and consistent throughout the tract. Solid fences are prohibited. No fence shall exceed a height of five feet above finished grade. No fencing is permitted closer to the street than the front-most building wall on the tract.

(g) An internal pedestrian circulation system shall be provided in accordance with § 188-113.1F(1)(c)[5] and [6]. Appropriate sidewalks, pavement treatments, crosswalks, and signage shall be provided. A pedestrian walkway at least five feet in width shall connect the internal pedestrian system to the public sidewalk along Amwell Road.

(h) To the extent feasible, opportunities for future pedestrian, bicycle, and vehicular cross-access to adjoining commercial properties should be designed into the project. Shared driveways that serve more than one property may be provided where deemed appropriate by the applicable Board.

(i) There is no floor area ratio requirement in the overlay district.

(j) Any phasing of the project shall be subject to approval of a phasing plan by the applicable Board submitted with the site plan application.

K. Mixed-Use Inclusionary Overly District.

[Added 5-28-2019 by Ord. No. 2019-10]

(1) Purpose, applicability, and affordable housing obligation.

(a) The purpose of the Mixed-Use Inclusionary Overlay District is to provide an incentive for the construction of affordable multifamily housing in the Gateway A District in concert with new and existing commercial uses. The standards are intended to offer maximum flexibility for site design and selection of dwelling unit types in order to offer a balanced housing pattern attractive to all income and age segments of the community as part of the Township's fair share housing plan for meeting the region's low- and moderate-income housing needs.

(b) This overlay district applies to the following properties: Block 155.01, Lots 66 and 67, on the Hillsborough Township Tax Map, which must be planned and developed as a single tract to qualify for the overlay option. For the purposes of this section, a "tract" is defined as an area of land comprised of one or more adjacent lots which together have sufficient dimension and area to make one parcel of land meeting the requirements of this section for the uses intended.

(c) A minimum of 24% of the total number of residential units shall be low- and moderate-income units in accordance with applicable affordable housing regulations, including but not limited to Article VII of this chapter; but in no case shall there be fewer than 29 low- and moderate-income units provided on the tract regardless of the total number of units constructed.

(2) Permitted principal uses in the overlay district. In addition to principal uses permitted in the underlying GA District, single-use multifamily dwellings and drive-through restaurants may be constructed as part of a planned mixed-use inclusionary development on a single tract in accordance with the standards provided herein.

(3) Permitted accessory uses and structures in the overlay district. In addition to accessory uses and structures permitted in the underlying GA District, garages, storage sheds, maintenance offices, property management offices, and noncommercial community recreational facilities associated with residential communities shall be permitted.

(4) Tract requirements. The minimum tract size shall be 10 acres. The tract may be subdivided into no more than two lots.

(5) Yard and bulk requirements. [Supersedes Subsections D(1) and (2) and F(1)(a) and (b).]

(a) Minimum lot size: five acres.

(b) Minimum lot frontage: 400 feet.

(c) Minimum building setbacks: 10 feet from a public right-of-way; 30 feet from a tract boundary.

(d) Maximum impervious coverage on the tract: 70%.

(e) Maximum building height.

[1] Multifamily dwellings: 45 feet/three stories.

[2] All other principal buildings: 35 feet/2.5 stories.

[3] Accessory buildings: 20 feet.

(6) Maximum residential units and minimum commercial square footage.

(a) The total number of dwelling units on the tract shall not exceed 118 units inclusive of the affordable housing obligation in § 188-113.1K(1)(c).

(b) The combined tenantable commercial space on the tract shall be maintained at no less than 50,000 square feet.

(7) Additional requirements for single-use multifamily buildings.

(a) Multifamily buildings shall be located to the rear of or in line with an existing mixed-use or retail/commercial building on the tract, regardless of the existing front yard setback. In no case shall a single-use multifamily building front on Route 206.

(b) Multifamily buildings shall be designed as an integral component of the overall development with pedestrian connections such as sidewalks, plazas, and enhanced crosswalks providing direct access to the commercial uses on the tract.

(c) Multifamily buildings shall be appropriately screened from nonresidential service areas, including but not limited to loading and trash collection areas.

(8) Additional requirements for drive-through restaurants.

(a) Exterior building design shall be coordinated with other commercial buildings on the tract with regard to color, types of materials, architectural form, and detailing, creating a cohesive relationship among the buildings. The drive-through facility shall not represent the dominant visual element on the tract.

(b) A drive-through service window shall not be located on the street side of the building.

(c) A drive-through facility shall be limited to one service lane and one bypass lane.

(d) A drive-through service window shall be set back a minimum distance of 50 feet from the property line of any adjoining residential use or zone. The accompanying service and bypass lanes shall not encroach on any required buffers, including but not limited to the buffers required in Subsection K(10)(e) below.

(e) A drive-through facility shall not adversely impede or conflict with pedestrian and/or vehicular circulation on the tract.

(f) The Planning Board or Board of Adjustment shall be satisfied that the on-site and off-tract traffic circulation is capable of accommodating the proposed traffic volume associated with such facility, particularly during peak hours. The stacking driveway for the drive-through window shall provide room for at least five automobiles and shall be separated from any off-street parking areas and their access aisles, loading areas or trash enclosures.

(9) Parking requirements.

(a) Residential parking shall be provided in accordance with the Residential Site Improvement Standards (RSIS).

(b) Commercial parking shall be provided in accordance with § 188-113.1E(2).

(10) Supplemental regulations.

(a) To the extent that the regulations contained herein conflict with any other portion of the Zoning Ordinance, the regulations herein shall control any development in this overlay district.

(b) A landscape plan prepared by a licensed landscape architect shall be provided for the entire tract.

(c) Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements contained in §§ 188-167 to 188-175 of the Architectural and Site Design (ASD) Overlay Zone shall apply, except as otherwise provided in the Gateway A District or this subsection. In addition, residential buildings in this overlay district may exceed the 100-foot maximum wall length established in § 188-175B(5) of the ASDO if it can be demonstrated that the appropriate design features have been employed to modulate the facade to give the appearance of several buildings and otherwise comply with that section.

(d) No rear walls or blank walls shall face a public right-of-way.

(e) There shall be a minimum twenty-foot buffer adjacent to any residential district or existing residential use. The buffer may be reduced to 10 feet when abutting a parking lot. Such buffer shall be reviewed by the proper approving board to determine if the existing vegetation provides a sufficient year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or a fence or berm. Once all screening/landscaping improvements are completed, a conservation easement shall be established by the applicant for the buffer area.

(f) Walls and fencing may be included on the perimeter of the tract, or within the tract, in accordance with § 188-113.1F(6) with the following exceptions. Solid fences are prohibited except where used to screen a parking lot from an abutting residential use or zone or to screen a trash enclosure. No fence or wall shall exceed a height of five feet above finished grade unless it is abutting a residential use or zone, or screening a trash enclosure, in which case the maximum height shall be six feet.

(g) An internal pedestrian circulation system shall be provided in accordance with § 188-113.1F, and appropriate sidewalks, pavement treatments, crosswalks, and signage shall be provided. A pedestrian walkway at least five feet in width shall connect the internal pedestrian system to a public sidewalk along Andria Avenue.

(h) Any phasing of the project shall be subject to approval of a phasing plan by the applicable board submitted with the site plan application. The required commercial space shall be included in the first phase of the development on the tract.

§ 188-113.2 GB Gateway B District.

[Added 6-13-2006 by Ord. No. 2006-19]

A. Purpose. The purpose of the GB Gateway B District is to establish a transition zone between the Gateway A District and adjacent areas along major roads. The essence of this district is to save existing residential structures, allow new structures and uses that have a residential look and are compatible with adjoining residential uses, and to create a linear entry zone set in a heavily street-treed, medianed boulevard. The Gateway B District is delineated on the revised zoning map referred to herein and provided as part of this ordinance.

B. Principal permitted uses. All uses shall be provided at a scale and size that is appropriate for the district. There may be more than one principal permitted use or structure on a lot subject to compliance with Subsections C through H as contained below.

[Amended 11-12-2007 by Ord. No. 2007-38]

(1) Single-family detached dwellings.

(2) Offices, medical centers and veterinary hospitals.

(3) Theaters, bowling alleys, indoor and outdoor recreation uses, including gymnasiums, tennis courts and pools.

(4) Banks, fiduciary institutions, financial and insurance offices.

(5) Business services.

(6) Conversion of existing residential structures to permitted nonresidential uses, subject to site plan review and the following requirements:

(a) The conversion of an existing residential structure shall only be permitted where the character of the existing structure is maintained and where all off-street parking and other requirements contained in this section are met.

(b) There shall be no physical evidence of said nonresidential use from the exterior of the building.

(c) The remodeling of any residential building in order to create an impression of business activity is prohibited.

(d) A freestanding sign shall be subject to § 188-83J(5).

(e) At the time of site plan review, placement of an access drive shall be determined so as to allow for a future common drive with an adjacent parcel at one side yard. In addition, reservation of an access easement to allow for such a possibility at the opposite side yard may be required. Similarly, depending on lot configuration, rear yard cross-easements to permit for interconnection of parking areas may be required.

(f) No parking shall be permitted in the existing front yard of the dwelling.

(g) Rear and side yards shall be a minimum of 10 feet with adequate landscaping and/or screening to shield parking areas from adjoining lots.

(h) There shall be no minimum lot size on which a conversion may be permitted, however, no lot existing at the time of adoption of this amendment on which a conversion is subsequently proposed shall be further reduced in size.

(7) Home occupations, as regulated in § 188-54.

(8) Live/work dwelling units.

(9) Bed-and-breakfast establishments, including restaurants.

(10) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.

[Amended 9-22-2009 by Ord. No. 2009-31]

(11) Public playgrounds, conservation areas, parks and other public gathering places.[1]

[1] Editor's Note: Former Subsection B(11), regarding utilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection B(12) through (16) as Subsection B(11) through (15), respectively.

(12) Art studios, for the creation, assembly or production of works of art including, but not limited to, paintings and sculpture; art education and instruction; and art galleries where works of art are exhibited to the public and sold.

[Added 10-14-2008 by Ord. No. 2008-37]

(13) Commercial instructional activities.

[Added 10-14-2008 by Ord. No. 2008-37]

(14) Personal service establishments.

[Added 6-7-2010 by Ord. No. 2010-14]

(15) Freestanding restaurants and restaurants located in multi-use buildings, not including drive-through facilities.

[Added 12-18-2012 by Ord. No. 2012-28]

C. Accessory uses.

(1) Street furniture such as benches, street lamps, bicycle racks, trash receptacles, tree grates, bus stops, landscape planters and hanging baskets and similar items shall be provided. The Planning Board or Board of Adjustment may require that street furniture shall be permanently secured to the sidewalk.

(2) All streets, alleys, sidewalks and pathways shall connect to other streets within the same development and connect to existing streets outside the development, as appropriate. Dead-end streets are generally not permitted within any new developments unless such condition is unavoidable, subject to Planning Board or Board of Adjustment approval.

(3) Parking areas are required and shall be designed to be coordinated and have access with adjoining lots to control the number of access points to Route 206. However, access drives may be granted temporary approval, to be removed when alternate access becomes available.

(4) Trash and garbage collection areas which are fully screened.

(5) Loading areas which are fully screened.

D. Area, yard and bulk regulations.

(1) Minimums.

(a) Lot area: two acres.

(b) Lot width: 200 feet.

(c) Lot depth: 250 feet from any proposed right-of-way as shown on the Master Plan.

(d) Front yard: The minimum front yard shall be 50 feet.

(e) Side yard: The minimum side yard shall be 20 feet. There shall be no internal side yard setback where multiple buildings occur on one lot.

(f) Rear yard: 75 feet.

(2) Maximums.

(a) Floor area ratio: 0.30.

(b) Lot coverage: 50%.

(c) Building height: 2 1/2 stories or 35 feet.

(3) Buffer areas shall be at least fifteen-feet-wide and are required along all property lines abutting any residential district, around loading and trash collection points and along street lines where residences or residential zoning is across the street.

E. Off-street parking requirements.

(1) The minimum number of required off-street parking spaces for the permitted uses in the GB District are as follows:

(a) Office, bank, fiduciary institution, insurance office at three spaces per 1,000 square feet of usable floor area.

(b) Medical office, veterinary hospital at four spaces per 1,000 square feet of usable floor area.

(c) Indoor/outdoor recreation facility at 3.5 spaces per 1,000 square feet of gross floor area.

(d) Business service at 3.5 spaces per 1,000 square feet of gross floor area.

(e) Home occupation at two spaces per dwelling plus two spaces per employee.

(f) Bed-and-breakfast establishment at one space per guest room plus one space per employee plus four spaces per 1,000 square feet of gross floor area for any restaurant.

(g) Live/work dwelling unit at two spaces per dwelling plus two spaces per employee.

(h) Child-care center at one space per employee plus one space per 10 children enrolled.

(i) Public uses at four spaces per acre or portion thereof.

(j) Residential at two spaces per dwelling unit.

F. Supplemental regulations.

(1) Site relationships.

(a) Building placement, front setback:

[1] Minimum front setback for new buildings shall be 50 feet.

[2] Service areas and any new parking shall be located behind the front building setback line.

(b) Building placement, orientation:

[1] A minimum of 40% of the front facade shall be located 50 to 65 feet from the front property line.

[2] Buildings and site improvements shall be designed to minimize changes to existing topography and mature vegetation.

[3] The primary entrance of each building shall accommodate pedestrian access from the streets as well as from the parking lots.

[4] Secondary public entrances, if provided, shall be designed in a manner consistent with primary entrances if visible from public streets or parking lots.

(c) Vehicular and pedestrian access.

[1] A maximum of one curb cut shall be allowed for lots with street frontage less than or equal to 500 feet. One pair of one-way curb cuts shall count as one curb cut.

[2] For lots with street frontage greater than 500 feet, one additional driveway opening per 250 feet of street frontage shall be allowed.

[3] The maximum width of curb cuts shall be:

[a] Twelve feet for one-way drives; and

[b] Twenty-four feet for two-way drives.

Wider curb cuts with landscaped medians may be allowed for multidirectional traffic on lots with street frontage greater than 250 feet or for shared driveways.

[4] Shared driveways that serve more than one property are encouraged to be provided where deemed appropriate by the Planning Board or Board of Adjustment. Cross access shall be required between adjoining properties.

[5] Bicycle connections to the primary public entrance of the building shall be provided where a public sidewalk or bikeway is adjacent to property.

[6] To the greatest extent possible, all portions of the development site shall be linked via a sidewalk and pathway network as approved by the Planning Board or Board of Adjustment; the site shall be pedestrian-oriented, with a design that enables and encourages pedestrian and bicycle circulation, with linkages to surrounding areas. The applicant shall utilize the Master Plan in developing a pedestrian and bicycle pathway network. Adequate bicycle storage facilities shall be provided.

(2) Route 206 right-of-way. The following are specific requirements for property fronting along Route 206:

(a) The right-of-way shall be at least 86 feet. An illustrative cross section is provided.

(b) A five-foot-wide sidewalk and ten-foot-wide planting strip with street trees and curbing shall be provided along property frontage.

(c) On-street parking is prohibited.

(d) Future reservation should be provided for a six-foot-wide bike lane when existing Route 206 is changed in function due to the completion of the Route 206 bypass or equivalent.

(e) Twenty-foot-wide curbed grass medians with left turn lanes shall be provided for at each major intersection.

(3) Landscaping.

(a) A landscape plan shall be provided for the entire site and shall be prepared by a licensed landscape architect.

(b) All trees planted in front of the front building line shall be at least three inches in diameter for single-stemmed trees, or ten to twelve feet in height for multistemmed trees at the time of planting. All other trees shall be 2 1/2 inches in diameter at the time of planting, unless otherwise provided by these standards.

(c) Existing trees having a DBH (diameter-at-breast-height, measured at 4 1/2 feet above ground level) over six inches shall be preserved unless removal is approved by the Planning Board or Board of Adjustment. If a preserved tree dies, it must be replaced with a two-and-one-half-inch-diameter tree of the same or similar tree species, subject to approval by the Township Planning Department.

(d) Impervious materials shall not be placed over the critical root zone of a preserved tree. The critical zone is a ratio of one inch DBH to one-foot radius around the tree.

(e) All exposed soil areas shall be covered with bark, mulch, or other weed control measures.

(f) A double row of canopy trees shall be planted along property lines abutting a street at a ratio of one tree for every 40 linear feet within a minimum ten-foot-wide planting strip.

(g) Canopy trees shall be planted within the front yard setback area.

(4) Off-street parking site design.

(a) Parking areas shall be designed as a series of smaller lots that provide space for no more than 20 cars for double-sided parking and 10 cars for single-sided parking. The small parking lots shall be separated by minimum five-foot-wide internal planting areas that feature trees planted in grass or other approved landscape material.

(b) Parking areas shall be located behind the front yard setback line and not in front of the buildings.

(c) All parking areas, where visible from a public street, shall be screened by a five-foot-high solid wall, architectural fence and/or solid evergreen hedge.

(d) One canopy tree shall be provided at a ratio of one tree to every four parking spaces in the parking area.

(e) Each parking space shall be within 50 feet of a planted or retained tree trunk.

(f) Where slopes over 5% exist, parking bays shall be terraced, with planting between changes in level.

(g) Where over 100 parking spaces are provided, pedestrian pathways identified with smaller scale pavement (pavers or scoring) oriented toward the principal building entrances shall be provided.

(h) Each separate planting area shall have a minimum of 150 square feet per tree and shall have a minimum dimension of at least five feet.

(i) In addition to required trees, planting areas shall be landscaped with shrubs, ground cover, or other approved landscaping material not exceeding 3 1/2 feet in height.

(j) Where parking is adjacent to a public right-of-way, a ten-foot-wide landscape buffer shall be provided between the edge of the right-of-way and the edge of the parking lot. In addition to the required trees, the buffer shall consist of one of the following:

[1] Landscaping with one shrub to every three linear feet.

[2] Berm with a three-foot minimum height, which shall be planted with ground cover, shrubs and trees.

(5) Pedestrian circulation in parking lots.

(a) Paving materials shall identify pedestrian pathways within parking lots.

(b) Pedestrian walkways at least five feet in width shall be provided from public sidewalks, adjoining the property to a principal public/customer entrance.

(c) Along facades with a public/customer entrance and along any facade abutting public parking areas, sidewalks at least five feet in width shall be provided along the full length of the facade.

(d) Walkways shall have at least two of the following:

[1] Landscaped areas along at least 30% of their length;

[2] Use of smaller scale pavement (pavers or scoring);

[3] Pedestrian-scale lighting;

[4] Rain protection (awnings, arcades).

(6) Decorative walls, fences and screening design.

(a) Decorative walls and fencing may be required by the Planning Board or Board of Adjustment to complement the structure style, type and design of the principal structure.

(b) Walls and fencing are allowed only in side and rear yards and behind the front building line, with the exception of outdoor eating and play areas.

(c) Walls and fencing shall be constructed of durable high-quality materials and shall display a high quality in finish and detail, and shall be made of masonry, ornamental metal, wood, stucco, or a combination of these materials.

(d) Walls and fencing greater than 50 feet in length shall have a change in plane, height, material, or material texture, or significant landscape massing.

(e) Planting shall be considered as part of any wall or fence plan.

(7) Loading, outdoor storage, and service areas.

(a) Where these areas face adjacent residential uses or public rights-of-way, an earthen berm, no less than six feet in height, containing, at a minimum, evergreen trees planted at intervals of 20 feet on center and seven evergreen shrubs per tree, shall be provided.

(b) No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 35 feet of any public street or public sidewalk.

(c) Materials, colors, and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the principal building.

(d) Service functions shall be incorporated into the overall design of the building and landscaping, so that they are fully contained and out of view from adjacent properties and rights-of-way.

(e) Truck delivery and circulation routes shall be separated from customer circulation where possible.

(8) Supplemental affordable housing requirements.

(a) Residential. For permitted residential uses, a minimum of 15% of the total dwelling units constructed must be affordable subject to the applicable affordable housing requirements contained in this chapter.

(b) Nonresidential. For permitted nonresidential uses, a minimum of one affordable unit must be provided for every 20 new jobs created subject to the applicable affordable housing requirements as contained in this chapter.

(9) Lighting. All lighting must comply with the provisions contained in § 188-57.

[Added 10-14-2008 by Ord. No. 2008-36]

G. Architectural standards.

(1) General. Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements in the Architectural and Site Design Overlay Zone, as contained in §§ 188-167 to 188-175.12 shall apply, except as otherwise provided in the GB District requirements, as indicated herein.

(2) Requirements for establishments with drive-through windows.

(a) A drive-through facility shall be architecturally integrated into the principal building.

(b) A drive-through facility shall not be located on the street side of the building or in front of the front building line.

(c) A drive-through facility shall be permitted only at locations where such facility is not a dominant visual element with the Gateway B District.

(d) A drive-through facility shall be limited to two service lanes.

(e) A drive-through facility, accompanying driveway and associated signage shall be set back a minimum distance of 50 feet from any land zoned for residential development.

(f) A drive-through facility and associated signage shall be provided with landscaping to visually enhance views of the facility, signage and driveway as seen from the surrounding area.

(g) A drive-through facility shall not adversely impede or conflict with pedestrian and/or vehicular circulation in the area.

(h) The Planning Board or Board of Adjustment shall be satisfied that the on-site and off-tract traffic circulation is capable of accommodating the proposed traffic volume associated with such facility, particularly during peak hours. The stacking driveway for the drive-through window shall provide room for at least five automobiles and shall be separated from any off-street parking areas and their access aisles, loading areas or trash enclosures.

H. Signs.

[Amended 11-12-2007 by Ord. No. 2007-38; 10-14-2008 by Ord. No. 2008-36[2]]

(1) There shall be a consistent design theme throughout the development. A unifying design theme shall include style of lettering, method of attachment, construction, material, size, proportion, lighting, position and day/night impacts. Color of letters and background shall be carefully considered in relation to the color of the material of the building(s) or where the signs are proposed to be located. Signs shall be a subordinate rather than predominate feature of any building. The lettering and sign shall be compatible with the architecture of the building.

(2) A comprehensive signage plan shall be provided which covers overall project identification, window signage and lettering, individual building/tenant identification, traffic regulations, pedestrian crossing(s), street identification, parking and directional instructions. A signage hierarchy shall be established governing the above signage categories.

(3) All permitted signage shall consist of the following:

(a) Temporary signs pursuant to § 188-83H.

(b) Signs permitted in all areas of the Township pursuant to § 188-83G.

(c) Wall, canopy and awning signs.

[1] Each permitted use may have one wall sign, provided that the sign shall not exceed an area equal to 10% of the area of the ground floor facade or 30 square feet, whichever is less.

[Amended 11-22-2011 by Ord. No. 2011-23]

[2] Corner uses may have a second wall sign, provided that such sign is located on the secondary street facade and does not exceed an area equal to 1/2 of the area of the primary street facade wall sign or 20 square feet, whichever is less.

[Amended 11-22-2011 by Ord. No. 2011-23]

[3] Each permitted use may have one canopy sign or one awning sign, however, such signs shall not exceed an area equal to 10% of the area of the ground floor facade or 30 square feet, whichever is less, and such signs shall be located on the valence area only.

[Amended 11-22-2011 by Ord. No. 2011-23]

[4] Any sign hanging underneath a canopy or awning shall not extend beyond the outer dimensions of the canopy or awning and shall not exceed six square feet in area.

[5] Permitted uses with an additional public entry from a rear facade may have one additional wall sign on such facade; however, such sign shall not exceed 10 square feet in area.

[6] Wall, canopy and awning signs shall be located no higher than the bottom sills of second-story windows, and be visible to both pedestrians and motorists.

(d) In addition to the above signs, each developed parcel of land may be permitted one freestanding sign for each street frontage, with each sign not to exceed 30 square feet in area and not to exceed eight feet in height, and shall contain the name of the project and the street number and may contain a directory of occupants occupying no more than 85% of the total sign area.

[1] The street number shall not count towards the total permitted sign area, but may not exceed three square feet and must be within the envelope of the permitted sign.

[2] The directory-of-occupants portion of the freestanding sign may have the name of the project in letters up to 16 inches high and include any number of tenant names that fit using, at a minimum, eight-inch letters with two-inch spaces between lines. Logos may appear on a directory-of-occupants sign.

(e) Permanent door and window signs are permitted; however, such signs shall not exceed a total of 20% of the glass area of any door or window. Permitted wall signs may be painted or affixed to windows or doors.

(f) Temporary window signs may be located and displayed on the inside of ground floor windows of business uses. Such signs shall not exceed 50% of each window area and shall not be displayed for more than a forty-five-day period of time.

(g) Banks may display, in addition to the above applicable signs, one wall or ground sign not exceeding four square feet in area, indicating the availability of an automated teller machine.

(h) Sidewalk and A-frame signs are permitted on a sidewalk or walkway in any commercial development, but shall not be placed in any public right-of-way or impede vehicular or pedestrian traffic in any way. Such signs shall not exceed eight square feet per sign face.

(i) Movie theaters may display, in addition to the above applicable signs, one marquee sign attached to the front building facade and not exceeding 100 square feet in area.

[2] Editor’s Note: This ordinance also provided for the redesignation of former Subsection G(3), Signs, as Subsection H.

§ 188-113.3 HS Highway Service District.

[Added 6-24-2008 by Ord. No. 2008-20]

A. Purpose. The purpose of the HS Highway Service District is to create a special land use transition into and out of both the gateway and town center development areas of the Township along Route 206. The district defines how the land will be developed and redeveloped in an attractive manner. The essence of this district is to create offices and other compatible uses of a modest employment nature along portions of Route 206 and to provide planned mixed-use development and for home occupations. Strip retail and uses with extensive lighting, signage and traffic requirements are not intended in this district. The Highway Service District is delineated on the revised zoning map referred to herein and provided as part of this section.[1]

[1] Editor's Note: Said map is on file in the Township offices.

B. Permitted principal uses. All uses shall be provided at a scale and size that is appropriate for the district. There may be more than one permitted principal use or structure on a lot subject to compliance with Subsections C through I below.

(1) Offices, including medical offices and veterinary hospitals.

(2) Fiduciary institutions.

(3) Business services.

(4) Restaurants, including sit-down and carryout, provided food and/or drink shall not be served to patrons in drive-through facilities.

(5) Conversion of existing residential structures to permitted nonresidential uses, subject to site plan review and the following special requirements:

(a) The conversion of an existing residential structure shall only be permitted where the character of the proposed structure is in accordance with the architecture and site design (ASD) requirements contained in §§ 188-167 through 188-175.

(b) A freestanding sign shall be subject to the provisions contained in § 188-83J(5).

(c) At the time of site plan review, depending on lot configuration, placement of an access drive shall be located to allow for a future common drive with an adjacent parcel at one side yard. In addition, reservation of an access easement to allow for such a possibility at the opposite side yard may be required. Similarly, depending on lot configuration, rear yard cross easements to permit for interconnection of parking areas may be required.

(d) No parking shall be permitted in the existing front yard of the dwelling.

(e) (Reserved)[2]

[2] Editor's Note: Former Subsection B(5)(e), which provided rear and side yard setback requirements, was repealed 9-9-2008 by Ord. No. 2008-30.

(f) There shall be no minimum lot size on which a conversion of the existing residential structure to a permitted nonresidential use may be permitted, however, no lot existing at the time of adoption of this amendment, on which such conversion is subsequently proposed, shall be further reduced in size.

(6) Home occupations in existing dwellings, as regulated in § 188-54.

(7) Bed-and-breakfast establishments, which may include a restaurant.

(8) Child-care and adult day-care centers. Child-care and adult day-care centers shall be subject to site plan approval. Site plan approval is also required where the original site plan does not anticipate use of all or a part of the premises as a child-care or adult day-care center but such use subsequently occurs. No building permit shall be issued for modification of all or part of the premises for use as a child-care or adult day-care center until revised site plan approval has been obtained from the Planning Board or Board of Adjustment, as appropriate.

[Amended 9-22-2009 by Ord. No. 2009-31]

(9) Public playgrounds, conservation areas, parks and other public gathering places.[3]

[3] Editor's Note: Former Subsection B(9), regarding utilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection B(10) through (18) as Subsection B(9) through (17), respectively.

(10) Mortuaries.

(11) Commercial instructional activities.

(12) Garden centers or plant nurseries.

(13) Performing arts and cultural facilities, including museums, galleries and studios for creating, teaching, display and sale of art-related products.

(14) Public and semipublic facilities for the purpose of conducting meetings and related activities in support of the organization.

(15) Single-family detached dwellings.

(16) Personal service establishments.

[Added 6-7-2010 by Ord. No. 2010-14]

(17) Live/work dwelling units.

[Added 6-22-2010 by Ord. No. 2010-17]

C. Permitted accessory uses and structures.

(1) Accessory uses for single-family detached homes described in § 188-98C.

(2) Uses customarily associated with the above permitted uses in a planned mixed-use development, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

(a) Utility facilities, such as transformers and pumping stations, required to provide the direct service of the utility to a mixed-use development.

(b) Storage and maintenance facilities are to be utilized by the permitted nonresidential uses and by the residents and any homeowners' association for the purpose of proper maintenance of the community. Additional storage and maintenance facilities are to be utilized by the owner of any multifamily dwelling units for the purpose of proper maintenance. No outside storage trailers or bins are permitted.

(c) Decks, patios, porches and retaining walls set back at least five feet from front lot line and not to exceed six feet in height. These site features shall be uniform in size and materials and complement the architectural style and design of the dwelling units and the overall project design.

(d) Where appropriate, entrance gatehouses, provided such structures are located along entrance roadways to the property, are located outside of any required site triangles, and are designed to complement the architectural style and design of the dwelling units and the overall project design.

(e) Recreational or community facilities to be provided at a minimum of 2.5 acres per 100 dwelling units, or fraction thereof, for the collective use of the residents and their guests may include, but not be limited to, the following: swimming pools, tennis or other sport courts, clubhouses, sitting or picnic areas, walking, cycling or exercise trails and other appropriate active and passive recreational facilities. This does not include stormwater facilities or critical areas.

(3) Street furniture such as benches, streetlamps, bicycle racks, trash receptacles, tree grates, bus stops, landscape planters and hanging baskets and the like shall be provided, as appropriate.

(4) All streets, alleys and sidewalks and pathways shall connect to other streets within the same development and connect to existing streets outside the development, as appropriate. Dead-end streets are generally not permitted within any new developments unless such condition is unavoidable, subject to Planning Board or Board of Adjustment approval.

(5) Parking areas are required and shall be designed to be coordinated and have access with adjoining lots to control the number of access points to Route 206. Toward this goal, access drives may be granted temporary approval to be removed when alternate access becomes available in the future.

(6) Trash and garbage collection areas which are fully screened.

(7) Loading areas which are fully screened.

D. Conditional uses.

(1) Planned mixed-use developments, subject to the required transfer of residential development potential, which is a form of noncontiguous clustering, from properties in the AG, Agricultural Zoning District, the MZ, Mountain Zoning District, the CDZ, Corporate Development Zoning District, and farmland-assessed properties in other residential districts, and which meet the requirements as provided in Subsection D(1)(b)[3] below, to sites incorporating residential development in the HS Highway Service District, and subject to the following requirements:

(a) Permitted uses in planned mixed-use developments shall consist of residential dwellings, and at least one of the nonresidential components, as permitted below:

[1] Residential dwellings as provided in this section.

[2] Offices, retail sales of goods and services that do not incorporate drive-through facilities, and restaurants that do not incorporate drive-through facilities, limited to a maximum of 12,000 square feet of gross floor area for each 100 residential dwellings provided or any portion thereof.

[3] Hotels.

[4] Mixed-use buildings, incorporating office and/or retail sales of goods and services and/or restaurants on the first floor and residential dwellings on the second floor, subject to the provisions contained in § 113.1D(1)(a) through (d).

(b) Transfer of residential development potential from the AG, MZ and CDZ Districts, as well as farmland-assessed property in other residential districts which meet the requirements, as provided in Subsection D(1)(b)[3] below. The transfer of residential development potential is intended to provide an opportunity to create residential development potential that advances the goals of resource conservation and protection in the Township, while supporting the goals and policies of the Master Plan, subject to the following requirements:

[1] Residential dwellings shall only be permitted on a one-for-one basis from residential development potential transferred from a property or properties in the AG, MZ and CDZ Districts or farmland-assessed property in other residential districts which meet the requirements contained in Subsection D(1)(b)[3] below.

[2] The development tract (receiving tract) on which the planned mixed-use development is proposed shall be joined in a single application with the preservation tract(s) [sending area(s)].

[3] Allocation of standards for the transfer of residential development potential to planned mixed-use developments are as follows:

[a] Land in the AG District is allocated one dwelling unit per 6.25 acres.

[b] Land in the MZ District is allocated one dwelling unit per 15 acres.

[c] Farmland-assessed property in other residential districts which exceed 20 acres is allocated one dwelling unit per two acres.

[d] Although the CDZ District does not permit residential development, the development potential that exists can be reallocated at a density of one dwelling unit per 6.25 acres.

[4] The owner of the land from which residential development potential has been obtained shall deed restrict the use of that land in perpetuity to those resource conservation uses authorized and enumerated in the sale or conveyance of the residential development potential.

(c) Definitions and bulk standards for a tract upon which a planned mixed-use development may be developed:

[1] For the purposes of a planned mixed-use development, a "tract" shall be defined as an area of land comprised of one or more adjacent lots which together have sufficient dimensions and area to make one parcel of land meeting the requirements of this section for the use(s) intended.

[2] The minimum tract size shall be 15 acres. The land area of any existing streets shall not be included in calculating the area of the tract.

[3] The maximum tract residential density shall be four dwelling units per gross acre less any critical areas determined pursuant to § 188-46A.

[4] The maximum building height is 35 feet, except for hotels, which may not exceed five stories or 70 feet.

[5] The maximum impervious coverage is 60%.

[6] The minimum building setback from the lot line fronting on any public road shall be 40 feet and the minimum building setback from a hotel to any residential zone boundary or residential lot line shall be 150 feet.

[Amended 9-9-2008 by Ord. No. 2008-30]

[7] Any bulk requirement not specifically enumerated in this section shall be as provided in Subsection H.

[8] There shall be a minimum sixty-foot buffer provided adjacent to any residential zone boundary or to any existing residential lot, except for hotels which shall require a minimum one-hundred-foot buffer provided adjacent to any residential zone boundary or to any residential lot line. Such buffer shall be reviewed by the appropriate board to determine if the existing vegetation is sufficient to provide a year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or fencing and/or a berm, as appropriate. A conservation easement shall be established by the applicant to include the required buffer area, subject to approval by the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

[Amended 9-9-2008 by Ord. No. 2008-30]

(d) Permitted forms of residential dwellings shall include:

[1] Detached single-family, duplex, and triplex dwellings as per Table 1.[4]

[a] A duplex residential dwelling shall be defined as a building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

[b] A triplex residential dwelling shall be defined as a building containing three single-family dwelling units totally separated from each other by unpierced walls extending from ground to roof.

[4] Editor's Note: Table 1 is included at the end of this chapter.

[2] Townhouses and multifamily dwellings as per Table 2.[5]

[5] Editor's Note: Table 2 is included at the end of this chapter.

(e) No more than 400 dwelling units shall be permitted within all planned mixed-use developments located in the HS Highway Service District.

(f) Green technology requirements. Currently, the most widely adopted "green" rating system in the country is the Leadership in Energy and Environmental Design (LEED) Green Building Rating System, as developed by the U.S Green Building Council (USGBC). According to the USGBC, LEED evaluates environmental performance from a whole building prospective over a building's life cycle, providing a definitive standard for what constitutes a "green building." It is based on accepted energy and environmental principles and strikes a balance between known established practices and emerging concepts. LEED is a performance-oriented system in which scoring points are earned for satisfying performance criteria in the categories of sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality. Different levels of green building certification are awarded by the USGBC based on the total points earned.

[1] All new development located within the planned mixed-use development option, except for additions which are 50% or less than the existing gross floor area, shall meet a minimum LEED certification under the LEED rating system and shall be so certified by the USBGC or equivalent.

[2] All building projects using the green technology requirements shall have a LEED-accredited professional or equivalent as a principal member of the design team from the beginning of the project.

[3] Energy Star. For multifamily residential projects using the green technology requirements, appliances and fixtures must meet the United States Environmental Protection Agency's (EPA's) standards. Projects must include Energy Star compliant clothes washers; dishwashers; refrigerators; ceiling fans; ventilation fans (including kitchen and bathroom fans); light fixtures (halls and common areas); and exit signs. To further enhance energy efficiency, the project must also choose and install two of the following Energy Star components: programmable thermostats (in residential units); residential light fixtures; windows and doors; and HVAC systems.

[4] All new building projects using the green technology requirements must meet the following additional requirements:

[a] All lighting fixtures located in parking lots must utilize LED lighting systems. The freestanding light fixtures shall not exceed 12 feet in height.

[b] No less than 35% of the property (excluding existing and proposed road right-of-ways) shall be devoted to conservation, open space, drainage and/or recreation purposes and may include vegetated roofs and pedestrian plazas. Individual duplex, triplex and townhouses are exempt from this requirement.

[5] Applicants using the green technology requirements must submit to the Township the following information at the time of site plan application:

[a] The name of the LEED-accredited professional, or equivalent, working on the project.

[b] A LEED scorecard, or equivalent, must be submitted as part of the plan. The scorecard shall be accompanied by an explanation of how each credit will be achieved or why the specific credit cannot be achieved for the project.

(2) Other permitted conditional uses. Any bulk requirement not specifically enumerated in this section for any conditional use shall be as provided in Subsection H.

(a) Hotels, including ancillary uses, which may include conference centers, banquet halls or facilities, restaurants, bars and nightclubs:

[1] Minimum lot size: four acres.

[2] Minimum lot width: 250 feet.

[3] Maximum impervious coverage: 60%.

[4] Maximum building height: five stories/70 feet.

[5] Hotels and any permitted ancillary uses, including conference centers, restaurants, bars and nightclubs attached to or part of a hotel must have a minimum buffer of 100 feet to any adjacent residential zone boundary or residential lot line. Such buffer shall be reviewed by the appropriate board to determine if the existing vegetation is sufficient to provide a year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or fencing and/or a berm, as appropriate. A conservation easement shall be established by the applicant to include the required buffer area subject to approval by the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

[Amended 9-9-2008 by Ord. No. 2008-30]

[6] Minimum building setback to any residential zone boundary or residential lot line: 150 feet.

[Added 9-9-2008 by Ord. No. 2008-30]

(b) Catering facilities/banquet halls and indoor recreation facilities/wellness centers:

[1] Minimum lot size: five acres.

[2] Minimum lot width: 250 feet.

[3] Maximum impervious coverage: 60%.

[4] Maximum building height: two stories/35 feet.

[5] Must be located at least 150 feet from any residence or residential zone.

(c) Gasoline service stations:

[1] Must be located at least 100 feet from any residence or residential zone.

[2] Any outdoor storage of wrecked, damaged or disassembled vehicles awaiting repairs must be provided in a screened in area in the rear yard at least 250 feet from any residence or residential zone.

[3] There is one parking space required for each employee plus two spaces per service bay.

[4] A retail convenience store may be provided in conjunction with a gasoline service station provided that the following standards are followed:

[a] A minimum of 3.5 parking spaces are provided per 1,000 square feet of gross floor area.

[b] A screened trash enclosure must be located at least 30 feet from any property line.

(d) Drive-through facilities in conjunction with other permitted uses in the HS District. There shall be a minimum sixty-foot buffer adjacent to any residential zone boundary or residential lot line, unless otherwise indicated. Such buffer shall be reviewed by the appropriate board to determine if the existing vegetation is sufficient to provide a year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or fencing, and/or a berm, as appropriate. A conservation easement shall be established by the applicant to include the required buffer area subject to the approval of the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

[Amended 6-7-2010 by Ord. No. 2010-15]

(e) Extended care facility:

[1] Minimum lot size: five acres.

[2] Minimum lot width: 250 feet.

[3] Minimum buffer: 75 feet from any adjoining residence property line or residential zone.

(f) Private recreation complex:

[1] Minimum lot size: five acres.

[2] Minimum lot width: 300 feet.

[3] Minimum buffer: 100 feet from any adjoining residence property line or residential zone.

(g) Dispatch services.

[Added 9-22-2009 by Ord. No. 2009-29]

[1] Minimum lot size: two acres.

[2] Minimum lot width: 200 feet.

[3] Minimum front yard: 50 feet.

[4] Minimum side yard: 25 feet.

[5] Minimum rear yard: 150 feet.

[6] Maximum impervious coverage: 60%.

[7] Maximum building height: 35 feet.

[8] Minimum buffer: 20 feet, except that a minimum fifty-foot buffer is required where located adjacent to a residential zone boundary or to an existing residence lot line.

[9] The minimum number of off-street parking spaces for dispatch services shall be 3.5 spaces per 1,000 square feet of usable floor area.

E. Site perimeter requirements.

(1) Buffer requirements. There shall be a minimum sixty-foot buffer adjacent to any residential boundary or residential lot line, unless otherwise indicated. Such buffer shall be reviewed by the appropriate board to determine if the existing vegetation is sufficient to provide a year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or fencing and/or a berm, as appropriate. A conservation easement shall be established by the applicant to include the required buffer area subject to approval by the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

[Amended 9-9-2008 by Ord. No. 2008-30]

(2) Fencing requirements. Fencing may be provided on the perimeter of the tract, or within the tract, provided the fencing is of an architecturally compatible design and consistent throughout the tract. No fence shall exceed a height of five feet above finished grade.

F. Area, yard and bulk regulations.

(1) Minimums.

(a) Lot area: two acres.

(b) Lot width: 200 feet.

(c) Lot depth: 250 feet.

(d) Front yard: the minimum front yard shall be 40 feet.

(e) Side yard: the minimum side yard shall be 20 feet. There shall be no internal side yard setback where multiple buildings occur on one lot.

(f) Rear yard: 75 feet.

(2) Maximums.

(a) Floor area ratio (FAR): 0.30.

(b) Total impervious coverage: 60%.

(c) Building height: 2 1/2 stories or 35 feet.

(3) A minimum sixty-foot buffer from the lot line is required for all new development, unless otherwise indicated.

[Amended 9-9-2008 by Ord. No. 2008-30]

G. Off-street parking requirements. The minimum number of required off-street parking spaces for the permitted uses in the HS District are as follows:

(1) Office at three spaces per 1,000 square feet of usable floor area.

(2) Medical office, veterinary hospital at four spaces per 1,000 square feet of usable floor area.

(3) Restaurant at four spaces per 1,000 square feet of usable floor area.

(4) Business service at 3.5 spaces per 1,000 square feet of gross floor area.

(5) Home occupation at two spaces per dwelling plus one space per employee and one space per visitor.

(6) Bed-and-breakfast establishment at one space per guest room plus one space per employee plus four spaces per 1,000 square feet of gross floor area for any restaurant.

(7) Child-care center at one space per employee plus one space per 10 children enrolled.

(8) Public and semipublic uses and facilities, including municipal, county and state-owned facilities, at four spaces per acre or portion thereof.

(9) Hotels at one space per guest room plus one space per employee plus four spaces per 1,000 square feet of usable restaurant, bar, nightclub and conference floor area.

(10) Retail and service establishments at 3.5 spaces per 1,000 square feet of gross floor area.

(11) Catering facilities at four spaces per 1,000 square feet of usable floor area.

(12) Indoor recreation facilities/wellness centers and private recreation complexes at four spaces per 1,000 square feet of usable floor area.

(13) Fiduciary institutions at three spaces per 1,000 square feet of usable floor area.

(14) Mortuary at 15 spaces per 1,000 square feet of gross floor area plus one space per employee.

(15) Commercial instructional activity at 3.5 spaces per 1,000 square feet of usable floor area.

(16) Extended care facilities at 0.30 space per bed/unit plus one space per employee at the maximum shift.

(17) Residential dwellings at two spaces per dwelling unit.

(18) Performing arts and cultural facilities at four spaces per 1,000 square feet of usable floor area.

H. Supplemental regulations.

(1) The requirements contained in §§ 188-167 to 188-175 of the Architectural and Site Design Overlay Zone shall apply except as otherwise provided in the HS District requirements.

(2) Site building standards.

(a) Building placement, front setback:

[1] The minimum front setback for new buildings shall be 40 feet.

[2] The maximum front setback for new buildings shall be 75 feet.

[3] Service areas and any new parking shall be located in the side or rear yards.

(b) Building placement, orientation:

[1] Buildings and site improvements shall be designed to minimize changes to existing topography and mature vegetation.

[2] The primary entrance of each building shall accommodate pedestrian access from the streets as well as from the parking lots.

[3] Secondary public entrances, if provided, shall be designed in a manner consistent with primary entrances if visible from public streets or parking lots.

(c) Vehicular and pedestrian access.

[1] A maximum of one curb cut shall be allowed for lots with street frontage less than or equal to 500 feet. One pair of one-way curb cuts shall count as one curb cut.

[2] For lots with street frontage greater than 500 feet, one additional driveway opening per 250 feet of street frontage shall be allowed.

[3] Width of curb cuts.

[a] The maximum width of curb cuts shall be:

[i] Twelve feet for one-way drives; and

[ii] Twenty-four feet for two-way drives.

[b] Wider curb cuts with landscaped medians may be allowed for multidirectional traffic on lots with street frontage greater than 250 feet or for shared driveways

[4] Shared driveways that serve more than one property may be provided where deemed appropriate by the Planning Board or Board of Adjustment. Cross access shall be required between adjoining properties.

[5] Bicycle connections to the primary public entrance of the building shall be provided where a public sidewalk or bikeway is adjacent to property.

[6] To the greatest extent possible, all portions of the development shall be linked via a sidewalk and pathway network as approved by the Planning Board or Board of Adjustment; the site shall be pedestrian-oriented, with a design that enables and encourages pedestrian and bicycle circulation, with linkages to surrounding areas. The applicant shall utilize the Master Plan in developing a pedestrian and bicycle pathway network. Adequate bicycle storage facilities shall be provided.

(d) Route 206 right-of-way. The following are specific requirements for the property fronting along Route 206:

[1] The right-of-way shall be at least 86 feet.

[2] A five-foot-wide sidewalk and ten-foot-wide planting strip between the sidewalk and right-of-way with street trees and curbing shall be provided along property frontage.

[3] On-street parking is prohibited.

(e) Landscaping. A landscape plan shall be provided for the entire site and shall be prepared by a licensed landscape architect.

[1] All trees planted in front of the front building line shall be at least three inches in diameter for single-stemmed trees, or 10 feet to 12 feet in height for multistemmed trees at the time of planting. All other trees shall be 2 1/2 inches in diameter at the time of planting, unless otherwise provided by these standards.

[2] Existing trees having a DBH (diameter-at-breast-height, measured at 4 1/2 feet above ground level) over six inches shall be preserved unless removal is approved by the Planning Board or Board of Adjustment. If a preserved tree dies, it must be replaced with a two-and-one-half-inch diameter tree of the same or similar tree species, subject to approval by the Township Planning Department.

[3] Impervious materials shall not be placed over the critical root zone of a preserved tree. The critical zone is a ratio of one inch DBH to one foot radius around the tree.

[4] All exposed soil areas shall be covered with bark, mulch, or other weed control measures.

[5] A single row of canopy trees shall be planted along property lines abutting a street at a ratio of one tree for every 40 linear feet within a minimum ten-foot-wide planting strip.

[6] Canopy trees shall be planted within the front yard setback area.

[7] In addition to the required street trees, the front yard of any nonresidential property shall be landscaped with appropriate plantings in order to provide a green strip along the Route 206 frontage. This shall include appropriate plantings as part of any stormwater management facility that may be located in the front yard. The use of stone similar to that incorporated into the wall found along the Route 206 frontage to the Duke Estate is encouraged to be likewise utilized as part of any low screening wall, fence, sign base or similar feature intended to supplement the landscaping in the front yard, as appropriate.

(f) Off-street parking site design.

[1] Parking areas shall be designed as a series of smaller interconnected lots. Large undivided parking areas are prohibited.

[a] Large parking areas shall be functionally divided by internal circulation corridors or aisles to establish several smaller lots to prevent random or high-speed movements and to provide for the planting of street trees and other landscaping.

[b] Rows shall contain no more than 20 cars for double-sided parking and 10 cars for single-sided parking.

[c] The small parking lots shall be separated by minimum five-foot-wide internal planting areas that feature trees planted in grass or other approved landscape material.

[d] The recommended maximum number of spaces within lots separated by an island or planting strip shall be 100 spaces, with 50 or fewer preferred.

[e] End aisles should be delineated by a landscaped island, not by painted asphalt.

[2] Parking areas shall be located in the side or rear yards and not in front of the buildings.

[3] All parking areas, where visible from a public street, shall be screened by a five-foot-high solid wall, architectural fence and/or solid evergreen hedge.

[4] One canopy tree shall be provided at a ratio of one tree to every four parking spaces in that area.

[5] Each parking space shall be within 50 feet of a planted new or remaining tree.

[6] Where slopes over 5% exist, parking bays shall be terraced, with planting between changes in level.

[7] Where over 50 parking spaces are provided, pedestrian pathways identified with smaller-scale pavement (pavers or scoring) oriented toward the principal building entrances shall be provided.

[8] Each separate planting area shall have a minimum of 150 square feet per tree and shall have a minimum dimension of at least five feet.

[9] In addition to required trees, planting areas shall be landscaped with shrubs, ground cover, or other approved landscaping material not exceeding 3 1/2 feet in height.

[10] Where parking is adjacent to a public right-of-way, a ten-foot-wide landscape buffer shall be provided between the edge of the right-of-way and the edge of the parking lot. In addition to the required trees, the buffer shall consist of one of the following:

[a] One shrub per every three linear feet.

[b] Berm with a three-foot minimum height, which shall be planted with ground cover, shrubs and trees.

[11] Parking areas shall be designed to be interconnected with adjacent properties and shall utilize common entrances and exits where feasible to minimize access points to the street. Such interconnections shall be established through an appropriate cross-access easement. The use of rear lanes or commercial service roads is encouraged to avoid individual curb cuts onto Route 206.

[12] Shared parking shall be encouraged. The Planning Board or Board of Adjustment, as appropriate, may approve an equivalent parking ratio based upon shared parking and use of cross-access easements with the off-street parking of an adjacent tract within the ASD Overlay Zone.

[13] There shall be a comprehensive network of sidewalks and pedestrian passageways that connect the parking lots with the front, sides and rear of the buildings. The sidewalks and passageways shall be linked to other off-site pedestrian connections where appropriate based on proximity to existing residential areas, proposed intended use of the building, and provision of existing or planned pedestrian or bicycle improvements.

[14] Pedestrian passageways shall connect rear parking lots between buildings with textured walking surfaces, street furniture and landscaping. In addition, the design of the building may incorporate window displays, side door entrances, or other pedestrian-friendly features along the passageway. Lighting should be provided for all parking facilities and sidewalks, as well as along pedestrian passageways.

(g) Pedestrian circulation.

[1] Paving materials shall identify pedestrian circulation areas within the parking lots.

[2] Pedestrian walkways, at least five feet in width, shall be provided from public sidewalks, adjoining the property to a principal public/customer entrance.

[3] Along facades with a public/customer entrance and along any facade abutting public parking areas, sidewalks, at least five feet in width, shall be provided along the full length of the facade.

[4] Walkways shall have at least two of the following:

[a] Landscaped areas along at least 30% of their length;

[b] Use of smaller-scale pavement (pavers or scoring);

[c] Pedestrian-scale lighting;

[d] Rain protection (awnings, arcades).

[5] Common areas shall be accessible from all buildings and connected by a comprehensive, on-site pedestrian circulation system. Clearly defined buffers that enhance the attractiveness of the streetscape and promote pedestrian safety shall be used. Sidewalks and plazas should be made comfortable for use by pedestrians through the use of landscaping, overhangs and canopies in order to provide shade and non-heat-absorbing materials. The pedestrian circulation layout on any development site should take into account on-site generators of pedestrian movement, such as open spaces, schools, retail centers, and bus stops, in designing walkways, lighting and other related improvements.

(h) Decorative walls, fences and screening design.

[1] Decorative walls and fencing may be required by the Planning Board or Board of Adjustment to complement the structure style, type and design of the principal structure.

[2] Walls and fencing are allowed only in side and rear yards and in the front yard behind the front building line, with the exception of outdoor eating and play areas.

[3] Walls and fencing shall be constructed of durable high-quality materials and shall display a high quality in finish and detail; made of masonry, ornamental metal, wood, stucco, or a combination of these materials.

[4] Walls and fencing greater than 50 feet in length shall have a change in plane, height, material, or material texture, or significant landscape massing.

[5] Planting shall be considered as part of any wall or fence plan.

[6] Walls, hedges, and picket fences in front yards shall be limited to a maximum of 3 1/2 feet in height. Wrought iron fences may be up to five feet in height. Entrances, gates, and corners should be specifically treated to define their function.

(i) Loading, outdoor storage, and service areas.

[1] Where these areas face adjacent residential uses or public rights-of-way, an earthen berm, no less than six feet in height, containing, at a minimum, evergreen trees planted at intervals of 20 feet on center and seven evergreen shrubs per tree, shall be provided.

[2] No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 35 feet of any public street or public sidewalk.

[3] Materials, colors, and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the principal building.

[4] Service functions shall be incorporated into the overall design of the building and landscaping, so that they are fully contained and out of view from adjacent properties and rights-of-way.

[5] Truck delivery and circulation routes shall be separated from customer circulation where possible.

(j) Affordable housing shall be addressed, where applicable, in accordance with the provisions of the Hillsborough Township growth share requirements contained in § 188-139.1.

I. Architectural standards.

(1) Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements in the Architectural and Site Design (ASD) Overlay Zone contained in §§ 188-167 to 188-175 shall apply, except as otherwise provided in the HS District requirements, as indicated herein.

(2) Building orientation should respect climatic conditions by minimizing heat gain and considering the impact of shade on adjacent land uses and areas. Buildings should maximize public comfort by providing shaded public outdoor areas, minimizing glare, and facilitating breezes.

(3) Buildings should be oriented to allow for the use of common driveways, where a reduction in the number of curb openings will enhance the streetscape and promote traffic safety.

(4) Buildings on corner lots and end buildings shall be considered significant structures, because they have at least two facades exposed to the street. As such, specialized facade treatments and appropriate embellishments, such as corner towers, shall be integrated into their design to mark their prominence. Additionally, pedestrian flow can be emphasized by arcades or chamfered corners.

(5) Focal points or points of visual termination along the corridor shall generally be occupied by more prominent structures that employ enhanced height, massing, distinct architectural treatments or other distinguishing features.

(6) Backs of buildings may face a parking lot. However, the rear of the building shall be treated to be compatible with the overall design of the building. Access from the front and rear of buildings is encouraged.

(7) Buildings shall avoid long, monotonous, uninterrupted walls and/or roof planes. Individual buildings within the ASD Overlay Zone shall not exceed 100 feet in length along any wall, roof or footprint plane. Building fronts wider than 40 feet as viewed from the public realm shall be modulated to break the facade to give the appearance of several buildings or through the use of building wall offsets, including projections, recesses and changes in cap line, wall height, and floor level. The total measurement of such offsets shall equal a minimum of 10% of the building wall length. The minimum projection or depth of any individual offset shall be not less than four feet.

(8) Roofline offsets, cross gables and dormers shall be provided along any roofline measuring longer than 75 feet, in order to provide interest and variety to the massing of the building roof line.

(9) Requirements for establishments with drive-through facilities.

(a) A drive-through facility shall be architecturally integrated into the principal building.

(b) A drive-through facility shall not be located on the street side of the building nor in front of the front building line.

(c) A drive-through facility shall be permitted only at locations where such facility is not a dominant visual element within the HS District.

(d) A drive-through facility shall be limited to a maximum of three service lanes and a required bypass lane.

(e) A drive-through facility, accompanying driveway and associated signage shall be set back a minimum distance of 50 feet from any land zoned for residential development.

(f) A drive-through facility and associated signage shall be provided with landscaping to visually enhance views of the facility, signage and driveway as seen from the surrounding area.

(g) A drive-through facility shall not adversely impede or conflict with pedestrian and/or vehicular circulation in the area.

(h) The Planning Board or Board of Adjustment shall be satisfied that the on-site and off-tract traffic circulation is capable of accommodating the proposed traffic volume associated with such facility, particularly during peak hours. The stacking driveway for the drive-through window shall provide room for no more than three lanes for patrons plus a bypass lane and shall be separated from any off-street parking areas and their access aisles, loading areas or trash enclosures.

(10) Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83J.

(a) There shall be a consistent sign design theme throughout the development. A unifying design theme shall include style of lettering, method of attachment, construction, material, size, proportion, lighting, position and day/night impacts. Color of letters and background shall be carefully considered in relation to the color of the material of the building(s) or where the signs are proposed to be located. Signs shall be a subordinate rather than predominant feature of any building. The lettering and sign shall be compatible with the architecture of the building.

(b) A comprehensive signage plan shall be provided which covers overall project identification, window signage and lettering, individual building/tenant identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions. A signage hierarchy shall be established governing the above signage categories.

(c) All permanent signage shall be affixed to a building facade; canopy or arcade; and be visible to both pedestrians and drivers.

§ 188-113.4 GV Green Village District.

[Added 5-11-2010 by Ord. No. 2010-11]

A. Purpose, applicability, and affordable housing obligation.

[Amended 3-26-2019 by Ord. No. 2019-06]

(1) The purpose of the Green Village (GV) Zone District is to establish a mixed-use zone that provides for affordable housing, multifamily housing, and hotel, retail, office and restaurant uses at a location that provides access to employment areas through adjacency to major roadways and/or public transportation. The standards are intended to offer maximum flexibility for site design and selection of dwelling unit types in order to offer a balanced housing pattern attractive to all income and age segments of the community as part of the Township's fair share housing plan for meeting the region's low- and moderate-income housing needs.

(2) The standards contained herein shall apply to the entire tract unless otherwise specified.

(3) The tract shall contain a minimum of 146 low- and moderate-income units in accordance with applicable affordable housing regulations, including but not limited to Article VII of this chapter. If there is a conflict between Article VII of this chapter and the Uniform Housing Affordability Controls (UHAC), the UHAC shall control, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).

[Amended 7-14-2020 by Ord. No. 2020-16]

B. Permitted principal uses.

(1) Multifamily dwellings/affordable housing.

(2) Retail.

(3) Hotel.

(4) Office.

(5) Restaurants, freestanding or attached (drive-through restaurants are prohibited).

(6) Fiduciary institutions, including drive-through banks.

C. Accessory uses.

(1) Garages, storage sheds, tennis courts, maintenance office and storage buildings, swimming pools and other community recreational facilities (noncommercial) associated with planned residential communities are allowed in all yards but the front yard.

(2) Restaurants accessory to a hotel use.

(3) Trash and garbage collection areas which are fully screened.

(4) Loading areas which are fully screened.[1]

[1] Editor's Note: Former Subsection C(5), regarding utilities, which immediately followed this subsection, was repealed 3-28-2017 by Ord. No. 2017-02.

D. Minimum tract area and location.

(1) A minimum of 40 acres and frontage on New Jersey State Highway Route 206.

(2) The tract shall not be subdivided into more than four separate lots. The minimum lot size shall be 2:5 acres. All lots shall abut either a public or private street.

[Added 3-26-2019 by Ord. No. 2019-06]

E. Yard and bulk regulations for tract development.

[Amended 3-26-2019 by Ord. No. 2019-06]

(1) Tract frontage: minimum of 300 feet on a major arterial roadway.

(2) Front yard setback: minimum of 100 feet from Route 206.

(3) Side yard setback: minimum of 50 feet from the tract boundary.

(4) Rear yard setback: minimum of 50 feet from the tract boundary.

(5) Building coverage: maximum of 40%.

(6) Total impervious coverage: maximum of 65%.

(7) Building height.

(a) Hotel: maximum of 55 feet.

(b) Multifamily dwellings/affordable housing: maximum of 48 feet.

(c) Retail uses: maximum of 35 feet.

(d) Office uses: maximum of 55 feet.

(e) Restaurant uses: maximum of 35 feet.

(f) Fiduciary institutions: maximum of 35 feet.

(g) Accessory uses: maximum of 35 feet.

(8) Building-to-building distance requirements: minimum of 25 feet.

F. Site perimeter requirements.

(1) Buffer requirements. There shall be a minimum twenty-five-foot buffer adjacent to any residential district or existing residential use included as part of this requirement, unless otherwise indicated. Such buffer shall be reviewed by the appropriate board to determine if the existing vegetation provides a sufficient year-round screen or if the existing vegetation needs to be enhanced by additional plantings and/or a fence or berm. Once all screening/landscaping improvements are completed, a conservation easement shall be established by the applicant for the buffer area.

(2) Fencing requirements. Fencing may be included on the perimeter of the tract, or within the tract, provided the fencing is of an architecturally compatible design and consistent throughout the tract. No fence shall exceed a height of five feet above finished grade.

G. Maximum build-out of tract.

[Amended 3-26-2019 by Ord. No. 2019-06]

(1) Residential: a maximum of 602 dwelling units inclusive of the low- and moderate-income obligation outlined in § 188-113.4A(3). The approval of any dwelling units on the tract in excess of 472 units shall be contingent upon the approval of the hotel provided for in Subsection G(2) by the applicable Township board.

[Amended 7-14-2020 by Ord. No. 2020-16]

(2) Hotel: a minimum of 100 guest units, but not to exceed 130 guest units.

(3) Retail, office, restaurants and fiduciary institutions: not to exceed a combined total of 20,000 square feet.

H. Parking requirements.

(1) Residential: as per the R.S.I.S.

(2) Retail: 3.5 spaces per 1,000 square feet of gross floor area.

(3) Office: three spaces per 1,000 square feet of usable floor area.

(4) Restaurant: four spaces per 1,000 square feet of useable floor area.

(5) Fiduciary/banks: three spaces per 1,000 square feet of useable floor area.

(6) Hotel.

(a) One space per guest unit.

(b) One space per employee.

(c) Four spaces per 1,000 square feet of restaurant/bar/conference center.

(7) Shared parking among nonresidential uses is permitted in accordance with the following standards, subject to approval by the Planning Board or Board of Adjustment, as appropriate:

(a) If a hotel shares parking with any combination of retail, restaurant, office or fiduciary uses, the parking requirements for the retail, restaurant, office and fiduciary uses may be reduced by a total of 20%.

(b) The establishments for which the application is being made for shared parking shall be located within 500 feet of the parking facility.

(c) Any application that includes shared parking must provide a shared parking plan. Such a plan shall be included as an addendum to a site plan and shall be drawn to the same scale. The shared parking plan must include the following:

[1] A site plan showing parking spaces intended for shared parking and their proximity to the uses they will serve.

[2] A signage plan that directs drivers to the most convenient parking areas for each particular use or group of uses, if such distinctions can be made.

[3] A pedestrian circulation plan that shows connections and walkways between parking areas and land uses.

I. Supplemental regulations.

(1) Buildings and site improvements shall be designed to minimize changes to existing topography and mature vegetation.

(2) Shared driveways that serve more than one property may be provided where deemed appropriate by the Planning Board or Board of Adjustment. Cross access shall be required between adjoining properties.

(3) A landscape plan shall be provided for the entire site and shall be prepared by a licensed landscape architect.

(4) Where loading, outdoor storage, and service areas are located within 50 feet of residential uses or public rights-of-way, an earthen berm, no less than six feet in height, containing, at a minimum, evergreen trees planted at intervals of 20 feet on center and seven evergreen shrubs per tree, shall be provided.

(5) Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements in the Architectural and Site Design (ASD) Overlay Zone contained in §§ 188-167 to 188-175 shall apply, except as otherwise provided in the GV District requirements, as indicated herein.

(6) Requirements for establishments with drive-through facilities.

(a) A drive-through facility shall be architecturally integrated into the principal building.

(b) A drive-through facility shall not be located on the street side of the building nor in front of the front building line.

(c) A drive-through facility shall be limited to a maximum of three service lanes and a required bypass lane.

(d) A drive-through facility, accompanying driveway and associated signage shall be set back a minimum distance of 50 feet from any land zoned for residential development.

(e) A drive-through facility shall not adversely impede or conflict with pedestrian and/or vehicular circulation in the area.

(f) The Planning Board or Board of Adjustment shall be satisfied that the on-site and off-tract traffic circulation is accommodating the proposed traffic volume associated with such facility, particularly during peak hours. The stacking driveway for the drive-through window shall provide room for no more than three lanes for patrons plus a bypass lane and shall be separated from any off-street parking areas and their access aisles, loading areas or trash enclosures.

(7) Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83J, except as provided for in Subsection I(7)(d) below.

[Amended 3-26-2019 by Ord. No. 2019-06]

(a) There shall be a consistent sign design theme throughout the development. A unifying design theme shall include style of lettering, method of attachment, construction, material, size proportion, lighting, position and day/night impacts. Color of letters and background shall be carefully considered in relation to the color of the material of the building(s) or where the signs are proposed to be located. Signs shall be a subordinate rather than predominant feature of any building. The lettering and sign shall be compatible with the architecture of the building.

(b) A comprehensive signage plan shall be provided which covers overall project identification, window signage and lettering, individual building/tenant identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions. A signage hierarchy shall be established governing the above signage categories.

(c) All permanent signage shall be affixed to a building facade, canopy or arcade and be visible to both pedestrians and drivers.

(d) The following standards shall apply to hotels:

[1] A freestanding sign may be placed on a lot separate from the hotel but must be on the original tract cited in § 188-113.4D.

[2] Hotels may have one facade sign displaying the corporate logo on each of two sides, one being the front facade and the second on a facade that is directly visible from Route 206. The sign on the front wall shall not exceed 75 square feet, or 5% of the facade face, whichever is less. The secondary sign shall not exceed 60 square feet, or 5% of the facade face, whichever is less. The size of the sign shall be determined by a geometric shape encompassing all letters, symbols and graphics on the sign. The location of the signs relative to the height and massing of the building shall be subject to the approval of the applicable reviewing board during the site planning process.

§ 188-113.5 TC Town Center District.

[Added 7-10-2007 by Ord. No. 2007-25]

A. Purpose. The purpose of the TC Town Center District is to encourage mixed land uses as well as compact development patterns that are sensitive to the environmental characteristics of the land and that facilitate and promote the efficient use of public and private services. This type of development is consistent with the adopted recommendations of the Township's Master Plan Amendment — Phase 2, dated October 2005. A town center district diversifies and integrates land uses within close proximity to each other and it permits land uses that provide for the daily recreational and shopping needs of Township residents. The TC Town Center District is designed to ensure the development of land as a traditional neighborhood similar to other existing villages and town centers in New Jersey. Its physical design adopts the village and town center settlement patterns which were the norm in the United States from colonial times until the 1940s. More specifically, the TC Town Center District is characterized by the following design elements:

(1) Traditional neighborhoods that are limited in size and oriented toward predominantly local vehicular traffic, pedestrian and bicycle activity, tree-lined streets and mixed land uses;

(2) A variety of housing types, job opportunities, shopping, services, and public facilities;

(3) Residences, shops, workplaces, civic buildings and civic spaces and places interwoven within the town center area, all within close proximity to each other;

(4) A network of interconnecting streets and blocks that maintains respect for both the physical and natural landscape;

(5) Natural features and undisturbed areas that are incorporated into the planned open space system of the town center area;

(6) A coordinated transportation system with a hierarchy of appropriately designed facilities for pedestrians, bicycles, public transit, and automotive vehicles;

(7) Well-configured squares, plazas, greens, landscaped streets, natural preserves, greenways, and parks woven into the pattern and fabric of the town center area and dedicated to the collective social activity, recreation, and visual enjoyment of the populace;

(8) Civic buildings and spaces, open spaces, and other visual features that act as landmarks, symbols, and focal points for community identity;

(9) Compatibility of buildings and other improvements as determined by their arrangement, bulk, form, character, and landscaping to establish a livable, harmonious, and diverse environment;

(10) The creation of a main street with wide sidewalks and associated public spaces and amenities, providing access to a variety of commercial, civic, residential, recreational and pedestrian uses and activities;

(11) The provision for and incorporation of the Township's fair share of the regional need for low- and moderate-income housing and to encourage the provision of a diversity of housing types and lot sizes;

(12) Integrate "green" technologies into public spaces and private development parcels in order to achieve flood control, stormwater recharge and water filtration, reduce energy consumption, promote renewable energy resources and improve indoor and outdoor air quality;

(13) The potential inclusion of additional development through transfer of development rights in an effort to preserve the remaining rural historic and agricultural character of the Township;

(14) The development of buildings that form a consistent, distinct edge and define the border between the public street space and the private block interior;

(15) Architectural variety and a streetscape that responds to the unique characteristics of the history of the Township; and

(16) Preservation and respect of the land use integrity of adjacent residential neighborhoods and sites.

B. Permitted principal uses. All uses shall be provided at a scale and size that is appropriate for the District. There may be more than one permitted principal use or structure on a lot subject to compliance with the applicable provisions as contained in Subsections B to H.

(1) Mixed-use buildings with residential and/or office uses permitted only above the first floor. The only permitted use that shall front onto existing Route 206 (Main Street) and Amwell Road in the TC District is a mixed-use building.

[Amended 9-22-2020 by Ord. No. 2020-24]

(2) Retail sales of goods and services on the ground and second floors only.

(3) Freestanding offices and medical centers may not be located within 100 feet of existing Route 206 (Main Street) or Amwell Road.

(4) Banks and fiduciary institutions, which must be located at least 250 feet from any other bank or fiduciary institution.

(5) Business services.

(6) Restaurants, including sit-down and carry-out as long as food and/or drink shall not be served or sold directly to patrons in motor vehicles.

(7) Personal service establishments, including tailor, barbershop or beauty salon, laundry/cleaners.

(8) Live/work dwelling units.

(9) Elder-care centers may not be located within 100 feet of existing Route 206 (Main Street) or Amwell Road.

(10) Child-care centers may not be located on the ground floor of a mixed-use building.

(a) Child-care centers shall be subject to site plan approval as well as a revised site plan approval where the original site plan did not anticipate use of all or a part of the premises as a child-care center but such other use subsequently occurs.

(b) No building permit shall be issued for modification of all or part of premises for use as a child-care center until a revised site plan approval has been obtained from the Planning Board.

(11) Public buildings that are generally designed for public access, including but not limited to post office, community center, fire, emergency and police station facilities. Public facilities shall be permitted only if they are pedestrian-oriented.

(12) Farm and open-air markets.

(13) Theaters for motion pictures and live performances.

(14) Public transportation stations and shelters.

(15) Civic buildings, including museums, art galleries, and other cultural facilities of a similar nature which may incorporate outside display areas in civic spaces.

(16) Commercial instructional activities.

(17) Recreational and/or open space facilities, including but not limited to walkways, courtyards, plazas, squares, community gardens and parks.[1]

[1] Editor's Note: Former Subsection B(17), regarding utilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection B(18) through (21) as Subsection B(17) through (20), respectively.

(18) Existing shopping centers located south of Amwell Road and east of Route 206.

(19) Residential uses.

[Amended 8-10-2010 by Ord. No. 2010-24; 3-8-2011 by Ord. No. 2011-05; 5-22-2018 by Ord. No. 2018-05; 9-22-2020 by Ord. No. 2020-24]

(a) Residential flats or lofts, located above the first floor in a residential-commercial mixed-use building, provided that the minimum number of dwelling units shall be two units per 1,000 square feet of commercial space on the ground floor.

(b) Single-use multifamily dwellings constructed as part of a planned mixed-use inclusionary development on a single tract that includes a minimum of 10,000 square feet of commercial space. All single-use multifamily buildings shall be located to the rear of the mixed-use buildings. In no case shall any single-use multifamily building front on either Route 206 or Amwell Road.

(c) The maximum residential density shall be based on the combined number of dwelling units in both mixed-use and single-use multifamily buildings as applied to the total acreage of the tract as follows: less than three acres, 14 dwelling units per acre; three to five acres, 16 dwelling units per acre; greater than five acres, 18 dwelling units per acre.

(d) Where five or more dwelling units are created, a minimum affordable housing set-aside of 20% shall be provided. Affordable units shall be proportionally distributed among the residential units.

(e) The residential uses cited above shall otherwise conform to all other applicable TC District standards.

(f) The provisions included herein at § 188-113.5B(19)(b)(c) and (d) for single-use multifamily buildings do not apply to existing shopping centers as identified in Subsection B(18) and further regulated by Subsection D(2)(3); or to any inclusionary overlay zones within the TC District.

(20) Art studios, for the creation, assembly or production of works of art including, but not limited to, paintings and sculpture; art education and instruction; and art galleries where works of art are exhibited to the public and sold.

[Added 10-14-2008 by Ord. No. 2008-37]

C. Accessory uses and structures.

(1) Street furniture such as benches, street lamps, bicycle racks, trash receptacles, tree grates, bus stops, landscape planters and hanging baskets shall be provided, as appropriate.

(2) All streets, alleys, sidewalks and pathways shall connect to other streets within the development and connect to existing streets outside the development, as appropriate. Dead-end streets are not permitted within developments in the TC District.

(3) Surface parking lots are required and shall be designed to be coordinated and have access to adjoining lots to control the number of access points to Amwell Road, Route 206 and all proposed Master Plan roads. Toward this goal, access drives may be granted temporary approval to be removed when alternate access becomes available in the future. All off-street parking areas shall be located behind existing and/or proposed buildings.

(4) Carports for residential uses only.

(5) One-story garages for duplex, triplex and townhouses, and which are accessed from the side or rear yards only.

(6) Sidewalk cafes pursuant to § 188-78F.

(7) Kiosks, sidewalk displays, stalls or merchandise stands for the outdoor sale of goods in conjunction with and along the street frontage of retail stores and/or shops and located such that a minimum of five feet of clear public access is provided along the sidewalk.

(8) Fences and walls which shall be uniform in size and materials and complement the architectural style, type and design of the building and overall project design, as established during the site plan review and approval process. All fences and walls shall be constructed when the development is constructed or design standards shall be prepared by the applicant, subject to Planning Board or Board of Adjustment approval.

(9) Porches, decks, patios and terraces which complement the architectural style and design of the building and the overall project design established during the site plan review and approval process. All decks, patios and terraces shall be constructed when the development is constructed or design standards shall be prepared by the applicant, subject to Planning Board or Board of Adjustment approval. Patios or decks shall not be constructed closer than five feet to the side of or rear property line for duplexes, triplexes or townhouses.

(10) All residential accessory storage structures shall be attached to the principal dwelling or a detached garage. Such structure shall be no taller than one story and shall be designed as an integral part of the structure to which it is attached, including the same exterior materials and color. No freestanding structures of this type shall be permitted. The yard setback requirements for such structure shall be the same as the structure to which it is attached.

(11) All swimming pools and spas shall be in-ground type and shall be located at least 10 feet from all property lines and five feet from a dwelling. Spas, however, may be allowed above ground if incorporated into an attached house deck, to be addressed in design standards which shall be subject to Planning Board or Board of Adjustment approval.

(12) Other accessory structures (e.g., gazebo, arbor/trellis) not otherwise enumerated above shall be addressed in design standards prepared by the applicant, which shall be subject to Planning Board or Board of Adjustment review and approval.

(13) Trash and garbage collection areas which are fully screened and constructed of materials that are compatible with the structure to which it is associated.

(14) Loading areas which are fully screened such that the screening materials are compatible with the structures to which they are associated.

(15) No outside storage trailers or bins are permitted.

(16) Community recreational facilities for the use of residents and their guests.

[Added 5-22-2018 by Ord. No. 2018-05]

D. Conditional uses.

(1) Duplex, triplex and townhouse dwelling units subject to the required transfer of residential development potential, which is a form of noncontiguous clustering, from properties in the AG Agricultural Zoning District, the MZ Mountain Zoning District, the CDZ Corporate Development Zoning District and farmland assessed properties in other residential districts which meet certain requirements to sites incorporating residential developments in TC Town Center District and subject to the following requirements:

[Amended 8-10-2010 by Ord. No. 2010-24; 9-22-2020 by Ord. No. 2020-24]

(a) Duplex and triplex dwellings, pursuant to Tables 1 and 2,[2] respectively, as freestanding non-mixed-use(s), and only when such proposed use(s) are located wholly within 150 feet of an existing residential district or directly across the street from such a district.

[1] A duplex residential dwelling shall be defined as a building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

[2] A triplex residential dwelling shall be defined as a building containing three single-family dwelling units totally separated from each other by an unpierced walls extending from ground to roof.

[2] Editor's Note: Tables 1 and 2 are included at the end of this chapter.

(b) Townhouses, pursuant to Table 3,[3] as freestanding non-mixed-use(s), and only when such proposed use(s) are located wholly within 150 feet of an existing residential district or directly across the street from such a district.

[3] Editor's Note: Table 3 is included at the end of this chapter.

(c) The transfer of residential development potential is intended to provide an opportunity to create residential development potential that advances the goals of resource conservation and protection in the Township while supporting the goals and policies of the Master Plan, subject to the following requirements:

[1] Residential units shall only be permitted on a one-for-one basis from residential development potential transferred from a property or properties in the AG, MZ and CDZ Districts or farmland assessed property in other residential districts which meet certain requirements as contained in Subsection D(2)(c)[3] below.

[2] The development tract (receiving tract) on which town center development is proposed shall be joined in a single application with the preservation tract(s) [sending area(s)].

[3] Allocation of standards for the transfer of residential development potential to town center developments is as follows:

[a] Land in the AG District is allocated one dwelling unit per 6.25 acres.

[b] Land in the MZ District is allocated one dwelling unit per 15 acres.

[c] Farmland assessed property in other residential districts which exceeds 20 acres is allocated one dwelling unit per two acres.

[d] Although the CDZ District does not permit residential development, the development potential that exists can be reallocated and transferred at a density of one dwelling unit per 6.25 acres.

[e] The owner of the land from which residential development potential has been obtained shall deed restrict the use of that land in perpetuity to those resource conservation uses authorized and enumerated in the sale or conveyance of the residential development potential.

[f] An applicant to build a fully conforming development on the current site of the Hillsborough Elementary School, who provides the land for, and either fully funds or constructs a new public school on that land (subject to the approval of the Board of Education) will receive a bonus of three additional dwelling units, to be constructed in the Town Center District, for each acre of land provided for the new school.

(d) An affordable housing set-aside of 10% shall be provided where five or more residential units are created. Affordable units shall be proportionally distributed among the permitted dwelling types.

(e) No more than 150 dwelling units may be transferred into the TC District utilizing the transfer of residential development potential.

(2) Other permitted conditional uses. Any bulk requirements not specifically enumerated in Subsection D(2) for any other permitted conditional use shall be as provided in Subsection E.

(a) A drive-through facility for shopping center pad sites only, subject to the architectural standards located in Subsection H(2) below. Up to four pad-site buildings shall be permitted in an existing permitted shopping center which shall be located along the frontage of Route 206. A pad-site building shall not exceed 15,000 square feet of gross floor area, nor shall such building exceed 150 feet along its longest length.

(b) Off-street parking in elevated structures, subject to the following standards:

[1] A parking structure no taller than 15 feet (i.e., on grade plus one elevated level) shall be a permitted conditional use if such structure(s) is/are located behind the associated principal building(s) and is/are well screened thereby from the existing public right-of-way.

[2] Parking structures shall be architecturally compatible with primary on-site buildings and structures. The location of parking structures shall be limited by minimum setback requirements to assure adequate shielding from off-site views from surrounding residential neighborhoods. Ample landscape screening shall be provided by the applicant to soften visual impacts associated with the construction of parking structures.

[3] Parking structures shall be included as part of the building coverage calculation.

[4] The development phasing schedule shall include the construction of parking structures in one of the early phases and prior to the issuance of a certificate of occupancy for any of the last 50% of the associated land uses.

(c) Off-street parking located underneath buildings and fully screened from the existing public right-of-way(s).

(3) A single-use multifamily building constructed as part of an existing shopping center as identified in Subsection B(18) above in accordance with the following conditions.

[Added 5-22-2018 by Ord. No. 2018-05; amended 9-22-2020 by Ord. No. 2020-24]

(a) There shall be a minimum of 90,000 square feet of existing retail/commercial space in the shopping center at the time of application to the Planning Board, which shall not be reduced to less than 86,000 square feet following the construction of the multifamily building.

(b) The single-use multifamily building shall be located to the rear of or in line with an existing mixed-use or retail/commercial building on the tract, regardless of the existing front yard setback. In no case shall a single-use multifamily building front on either Route 206 or Amwell Road.

(c) The maximum number of dwelling units in the multifamily building shall be 44.

(d) A minimum of 25% of the total number of residential units on the tract shall be low- and moderate-income units in accordance with applicable affordable housing regulations, including but not limited to Article VII of this chapter.

(e) The single-use multifamily building shall be designed as an integral component of the shopping center with pedestrian connections, green areas, and plazas providing direct access to the retail/commercial uses.

(f) The single-use multifamily building shall otherwise conform to all other applicable TC standards.

E. Area, yard and bulk regulations.

(1) Minimums.

(a) Lot area: two acres.

(b) Lot width: 150 feet.

(c) Lot depth: 250 feet.

(d) Front yard setback: zero feet.

(e) Side yard setback: zero feet, unless abutting a residential zone or an existing building, in which case the side yard setback shall be 10 feet.

(f) Rear yard setback: the minimum rear yard shall be 25 feet, unless abutting an existing residential zone, in which case the rear yard setback shall be 50 feet.

(g) Accessory structures shall be located in the rear yard with no minimum rear yard setback, unless abutting an existing residential zone, in which case the minimum rear yard setback shall be 10 feet.

(h) Building height: two stories of usable floor area and not less than 85% of the usable first floor area. In no event shall a one-story building be permitted in the TC District.

(i) No less than 15% of the property (excluding existing and proposed road rights-of-way) shall be devoted to conservation, open space, drainage and/or recreational purposes and may include vegetated roofs and pedestrian plazas. Individual duplex, triplex, and townhouses are exempted from this requirement.

[Added 9-22-2020 by Ord. No. 2020-24]

(2) Maximums.

(a) Impervious coverage: 85%.

(b) Front yard: five feet for nonresidential and mixed-use buildings and 10 feet for multifamily buildings.

(c) Building height: three stories or 45 feet permitted throughout the TC Town Center District except for architectural features which enhance the appearance of Town Center and where otherwise indicated for duplex, triplex and townhouse dwellings, but do not contain usable floor area, and which may not exceed 55 feet in height. Architectural features include, but are not limited to: cupolas, towers and other roofline projections.

(3) Buffer areas shall be at least 25 feet wide and are required along all property lines abutting any residential district, around loading and trash collection points and along street lines where residences or residential zoning is located across the street.

(4) The building square footage associated with an enclosed second- or third-floor breezeway or exterior hallway connection between mixed-use and nonresidential buildings shall be permitted and the proposed size shall not be included in the impervious coverage or floor area calculations.

(5) Nonresidential and mixed-use building size limitation: No individual nonresidential or mixed-use building footprint shall exceed 20,000 square feet nor shall any single nonresidential or mixed-use building exceed 200 feet along its greatest length.

F. Parking requirements.

(1) On-street parking, where provided within 250 feet of any permitted uses, may count towards the required number of nonresidential off-street parking spaces. The Planning Board or Board of Adjustment may, in its discretion, elect to give such spaces on-street parking credit; deny any credit for such spaces; give partial credit for such spaces depending on the use of the property upon which they front and the uses of intervening properties located between the property seeking to apply the spaces toward its parking need and the spaces themselves. Creation and maintenance of public transportation options may be used in lieu of some parking needs where such a program is proposed and reviewed by the Planning Board or Board of Adjustment as to the short- and long-term viability of any such plan.

(2) The overall intent for the provision of parking in the TC Town Center District is to balance the mix of uses with available parking opportunities both on and off street. The minimum number of required off-street parking spaces for the permitted uses in the TC Town Center District is as follows:

(a) Retail and service establishments at three spaces per 1,000 square feet of gross floor area.

(b) Office, bank, fiduciary institution at three spaces per 1,000 square feet of usable floor area.

(c) Medical office at four spaces per 1,000 square feet of usable floor area.

(d) Business service and personal service establishments at three spaces per 1,000 square feet of gross floor area.

(e) Public and civic uses at three spaces per 1,000 square feet of usable floor area.

(f) Theater at three spaces per 1,000 square feet of usable floor area.

(g) Residential in accordance with the Residential Site Improvement Standards.

[Amended 5-22-2018 by Ord. No. 2018-05]

(h) Restaurant at four spaces per 1,000 square feet of usable floor area.

(i) Live/work dwelling units at two spaces per dwelling plus one space per employee.

(j) Child-care and elder-care centers at one space per employee plus one space per 10 persons enrolled.

(k) Commercial instructional activity at three spaces per 1,000 square feet of usable floor area.

(3) If the applicant can demonstrate that not all of the required parking spaces are necessary at the time of initial occupancy and operation of the use(s), then the additional required parking which is demonstrated as not needed may be "banked" or reserved for future parking on a space-per-space basis. The location of future parking areas shall be indicated on the site plan and left and maintained as landscaped areas. The methodology used by the developer to calculate the reduced number of parking spaces shall take into consideration the methods recommended in "Shared Parking," published by the Urban Land Institute (1984), or other recognized standards acceptable to the Planning Board or Board of Adjustment.

(4) The number of required parking spaces may be reduced on a space-per-space basis if the applicant can demonstrate that suitable alternative parking spaces are located within close proximity to the subject property or site, through a shared parking arrangement with an adjoining use and/or land area. Those spaces, to be counted towards this shared parking arrangement, must be demonstrated to be available during the hours of operation of the affected uses, and access to those spaces must be provided for vehicles and pedestrians in a safe and efficient manner, including shared driveways and interconnected walkways where possible. A minimum twenty-five-year lease shall be provided. A site plan shall be submitted to the Planning Board or Board of Adjustment and shall be subject to its approval.

(5) The Township Zoning Officer shall conduct site visits to confirm that the parking remains sufficient to meet the needs of the development. If the Zoning Officer determines, after three separate site visits, that the parking is inadequate, the applicant shall be so informed. The applicant shall then have 45 days to submit to the Planning Board or Board of Adjustment either a technical report prepared by a New Jersey-licensed engineer who is an expert in traffic substantiating that additional parking is not now needed or a site plan delineating which of the land-banked parking will be constructed along with a specific timeline for the construction of same. Either submission shall be subject to approval by the Planning Board or Board of Adjustment.

G. Supplemental regulations.

(1) Definitions and standards for a tract upon which a town center development may be developed:

(a) For the purpose of town center development, a "tract" shall be defined as an area of land comprised of one or more adjacent lots which together have sufficient dimensions and area to make one parcel of land meeting the requirements of Subsection G for the use(s) intended.

(b) The original land area may be divided by existing street(s), except for Route 206, and still be considered one tract, provided that the frontages on both sides of the street are opposite one another for a sufficient distance to enable a convenient, safe street system from one side to the other.

(c) The land area of any existing streets shall not be included in calculating the area of the tract.

(2) General procedures. The requirements in the Architectural and Site Design Overlay Zone, as contained in §§ 188-167 to 188-175,[4] shall apply, except as otherwise provided in the TC Zone District requirements.

(a) Any development application in the TC Town Center District shall be informally submitted, initially, as a concept plan showing proposed buildings, roads, parking and other site improvements and how the proposed development is in keeping with the concepts enunciated in the Township's Master Plan Amendment — Phase 2, dated October 2005, and how the proposed plan would work with the future development of adjoining or otherwise affected land parcels.

(b) Following this initial conceptual review and discussion with the Planning Board, the development application shall be formally submitted as either a planned development or, in the nature of a site plan and/or subdivision application. Such application shall describe the relationship to and support of the adopted Township Master Plan Amendment as well as any phasing of the proposal together with any on-site and off-tract improvements needed to support such phases. The application for preliminary site plan approval may also include a request for final approvals with respect to such phase or phases.

(c) In the event any single property owner or consortium of property owners owns properties consisting of two acres or more, it or they may apply to the Planning Board for general development plan approval for its or their portions of the town center. Those property owners or consortium of property owners who do not obtain a general development plan approval for their property shall be required to obtain site plan and/or subdivision approval as may be required by law in addition to complying with the conditions of this TC Town Center District.

(d) All applications for development of any subsection of the TC Town Center District shall be required to submit a phasing schedule unless said application is for a single property of less than two acres. In the event the application consists of approval for a site consisting of property of at least two acres and the plan pertaining to said area consists of both residential and nonresidential uses, the phasing schedule shall incorporate the specific mechanism for residential development in conjunction with the build-out of the nonresidential portion of the applicable site so as to ensure the balanced development of the property for both residential and nonresidential purposes.

(e) A planned town center development shall be subject to the requirements of this Zone and to the mandatory findings for a planned development as required by the Municipal Land Use Law at N.J.S.A. 40:55D-45.

(f) A town center development shall conform to a general development plan approved by the Planning Board pursuant to the applicable provisions contained in the Township's Land Development Ordinance and in accordance with the bulk requirements for permitted uses.

[4] Editor's Note: See Art. X of this chapter.

(3) General design requirements and phasing.

(a) A town center development shall be conceived, designed, subdivided, site planned and approved by the Planning Board or Board of Adjustment as a single complex according to a comprehensive site development plan. In addition, site landscaping, building design, and common area maintenance guideline control standards shall be established by the applicant and approved by the Planning Board or Board of Adjustment.

(b) The entirety of a town center development shall be developed with a common architectural theme which shall be part of the site plan approval process by the Planning Board or Board of Adjustment. The architectural theme shall include buildings, signing, fencing, lighting, paving, curbing, landscaping and other similar and related physical features. Each applicant should carefully review the Township Master Plan Amendment — Phase 2, dated October 2005, for guidance in this effort.

(c) Residential uses shall not be permitted on either the first floor or the same floor as office or commercial space in mixed-use buildings with the exception of access points such as lobbies and hallways, and amenities such as community rooms and gyms, servicing the residential units.

[Amended 9-22-2020 by Ord. No. 2020-24]

(d) The Planning Board or Board of Adjustment shall review and approve a phasing plan prepared by the applicant. The phasing plan shall ensure that development in the TC Town Center District shall be consistent with the development of infrastructure and supporting services and the sound management of growth in the Township. The phasing plan shall indicate the approximate date(s) when construction of the town center development and phases thereof, including the mix of residential and commercial, will be initiated and completed.

(4) Building design and use.

(a) The treatment of side and rear walls of any proposed building in terms of building materials and colors shall be similar to and consistent with the treatment of the front facade of that building.

(b) Nonresidential, mixed-use, multifamily and/or duplex, triplex and townhouse buildings shall reflect the following design elements:

[Amended 9-22-2020 by Ord. No. 2020-24]

[1] Exterior elevations shall have vertical and/or horizontal offsets to create visual breaks on the exterior.

[2] A variety of building setbacks, rooflines, color schemes, elevations, and heights shall be required in the development to avoid an overly repetitious and monotonous streetscape.

[3] The exteriors of all buildings in the development, including any permitted accessory buildings, shall be architecturally compatible and be constructed of complementary materials. Design guidelines for future building improvements shall be prepared by the applicant to ensure the ongoing design integrity of the development.

[4] Architectural detail, style, color, proportion, and massing shall reflect the features of a traditional town center development.

[5] Natural materials such as stone, wood and masonry are recommended. High quality man-made siding materials, such as "Hardi-Plank," are permitted. Stucco, vinyl, aluminum or similar materials are prohibited. Aluminum may be used for flashing and wall opening trims.

[6] A minimum of 6:12 pitched roofs along all facades are required and steeper roofs, where feasible, are recommended. Roof pitches shall generally be consistent throughout the development. Peak roofs are encouraged. Mansard-type roofs are prohibited. Interior flat roof treatments may be allowed if the applicant is able to show that all observable facades have pitched roofs and that all rooftop equipment is completely screen from public view.

[7] Dormers, gables and articulated windows across a building facade, and other similar design features are strongly encouraged as is an orderly relationship among all windows, doors, porches, and roof forms.

[8] Roof materials shall be standing-seam metal, artificial slate, wood shingles (but not hand-split wood shakes) and architectural fiberglass shingles.

[9] Windows shall comprise at least 25%, but no more than 50% of upper facades visible from public rights-of-way and shall reflect a rhythm, scale and proportion compatible with the overall building design.

[10] Buildings located at corners of road intersections shall serve as gateways distinguishable from the rest of the buildings. As such, heights at corners shall be allowed greater flexibility as long as architectural design elements reinforce the corner location and are pedestrian-friendly. The roof design shall emphasize the corner.

[11] All buildings along existing Route 206 (Main Street) shall incorporate a traditional storefront design with large display windows of clear glass, recessed entries (where appropriate), transom windows, and suitable locations for signs at their ground levels.

[12] Multiple storefronts within the same building shall be visually compatible in terms of scale, alignment, color and materials.

[a] Minimum distances between nonresidential and mixed-use buildings shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The distance, at the closest point, between any two buildings shall not be less than 20 feet. In the case of two or more buildings being connected through the use of a breezeway or similar feature, the minimum distance between buildings may be reduced but shall not be less than 10 feet.

[b] The front facade of a duplex, triplex or townhouse unit shall reflect a traditional town center character. Awnings, open and usable porches (minimum eight-foot depth), stoops, bay windows and/or balconies and other decorative entries are required and may encroach into building setback lines. The rear elevations of these structures shall have substantial architectural features to preclude flat and monotonous elevations. Compliance with these requirements shall be subject to approval by the Planning Board or Board of Adjustment.

[c] Garages are prohibited along the main front facade of duplex, triplex or townhouse units. Garages may be in the side or rear yards only. Windows are encouraged in the walls of such garages to admit light and eliminate blank walls. Sufficient storage area to accommodate tools, auto accessories, trash/recyclable materials storage, lawn and garden maintenance equipment shall be considered in sizing the garage so that an additional accessory storage structure will not be necessary. Individual bay overhead garage doors are strongly encouraged. Detached garages shall be offered as a permitted option.

[d] All duplex, triplex and townhouse units are encouraged to have clearly defined front yards using hedging, fencing, brick or stone wall, none of which shall exceed three feet in height.

[e] All duplex, triplex and townhouse dwelling units shall have private outdoor space, which may include a deck, patio and/or terrace. Such outdoor space shall be enclosed, as appropriate, by a decorative wall or fence, evergreen hedge, or combination thereof.

[f] Townhouse buildings shall consist of no more than eight townhouse dwelling units in order to prevent the development of long and monotonous buildings. There shall be different roofline heights and vertical offsets in each overall townhouse building. No more than two adjacent townhouse units shall have the same building offset, which shall vary by at least four feet.

(5) Site design.

(a) When appropriate and feasible, the TC Town Center District shall be divided into blocks, streets, lots and open space, and the scale and massing of buildings on any given street shall be harmonious.

[Amended 9-22-2020 by Ord. No. 2020-24]

(b) Buildings and site improvements shall be designed to minimize changes to existing topography and loss of or damage to existing mature trees.

(c) All permitted uses shall be conducted within completely enclosed buildings, unless otherwise specified herein.

(d) Nonresidential and mixed-use buildings shall be oriented to the street which shall include, as a minimum, their front facades.

(e) Buildings on corner lots with frontage on existing Route 206 (Main Street) shall orient their longest facade along existing Route 206 (Main Street). In all instances, these buildings shall have at least one principal pedestrian entrance on the primary street serving the site.

(f) The location of nonresidential, multifamily, and mixed-use building entrances and orientation of buildings shall minimize the walking distances from building to building. Buildings with more than one facade facing a public street, parking lot, open space area, or plaza and square, shall provide front facade treatments for each such facade.

[Amended 9-22-2020 by Ord. No. 2020-24]

(g) The layout of nonresidential, mixed-use, and residential buildings and parking areas shall be designed so as to provide an aesthetically pleasing and efficient arrangement.

[Amended 5-22-2018 by Ord. No. 2018-05]

(h) Nonresidential, multifamily, and mixed-use buildings shall be arranged to substantially eliminate public visibility of service areas from streets, customer parking areas and adjacent properties.

[Amended 9-22-2020 by Ord. No. 2020-24]

(i) Nonresidential, multifamily, and mixed-use buildings shall be provided with off-street loading and service areas separate from parking areas and shall be situated as much as possible to the rear of the building to the extent practicable and out of the general traffic flow.

[Amended 9-22-2020 by Ord. No. 2020-24[

(j) The primary entrances to each building shall accommodate pedestrian access from both public streets and off-street parking lots.

(k) Secondary public entrances, if provided, shall be designed in a manner consistent with primary entrances if visible from public streets and/or parking lots.

(l) Street-level storefronts and building entrances shall be open and inviting to pedestrians and shall feature no less than four of the following:

[1] Canopies or porticos.

[2] Substantial overhangs.

[3] Prominent recess(es)/projection(s).

[4] Arcades.

[5] Raised corniced parapets over the door.

[6] Display windows.

[7] Peaked roof forms.

[8] Arches.

[9] Outdoor patios.

[10] Architectural details such as tile work and moldings which are integrated into the building.

[11] Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

[12] Walls or windows facing the street which open onto the sidewalk enabling open air dining in conjunction with eating establishments that otherwise may or may not have sidewalk seating.

(m) Buildings located and oriented around open space shall have awnings, canopies and/or colonnades. Stationary aluminum or metallic awnings shall be prohibited.

(n) Eating and drinking establishments shall be permitted to operate outdoor cafes as provided in Subsection C(6).

(o) Special raised-ground-texture treatment shall be required for pedestrian crossings in streets.

(p) Air-conditioning units, heating, ventilation and air-conditioning (HVAC) systems, exhaust pipes or stacks, satellite dishes and other telecommunications sending-and-receiving devices shall be fully screened or otherwise specially treated so as to be substantially inconspicuous as viewed from the public right-of-way, parking lots and adjacent properties.

(q) The Planning Board or Board of Adjustment may limit hours of operation, hours when trucking and deliveries occur, and other characteristics of the nonresidential uses in order to enhance the compatibility with residential uses.

(r) Design methods to reduce energy consumption are encouraged. Energy conservation methods may include, but not be limited to, natural ventilation of structures, location or placement of structures in relation to prevailing breezes and sun angles, insulation of structures, use of landscape materials for shade and transpiration, and orientation.

(6) Central town center features.

(a) Each town center development shall contribute to the establishment or enhancement of community and public spaces by providing at least three of the following:

[1] Patio/seating area.

[2] Pedestrian plaza with benches.

[3] Transportation center or shelter.

[4] Public art display.

[5] Outdoor playground area.

[6] Kiosk area.

[7] Water feature.

[8] Tower.

[9] Other such deliberately shaped area and/or focal feature or amenity that, in the judgment of the Planning Board or Board of Adjustment, adequately enhances such community and public spaces.

(b) Any such area shall have direct access to the public sidewalk network, and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.

(c) A pedestrian plaza shall be constructed as an integral part and serve as the visual focus of the development as well as providing a site-organizing element for the development. Pedestrian connections to and through the plaza shall be provided.

(d) A pedestrian plaza shall include a street on at least one side and be surrounded by nonresidential and mixed-use buildings.

(e) Design elements in pedestrian plazas, such as patterns in pavement, a fountain, gazebo, sculpture, bollards, sitting areas and landscaping shall be incorporated into the design of the plaza.

(7) Transportation.

(a) The applicant shall be required to submit a detailed traffic study that addresses all forms of transportation, including bicycle and pedestrian access, in showing the project's impact on the existing surrounding roadway network which includes, but is not necessarily limited to, the Route 206/Amwell Road and the Route 206/New Amwell Road intersection and the above road cartways themselves. The applicant's traffic study shall incorporate ingress and egress features that minimize the impact of traffic from the development onto the existing, surrounding roadway network. An off-site contribution shall be assessed for any off-site improvements needed to maintain an acceptable level of service, with review input from the Township Engineer.

(b) Vehicular access to and from a town center development to a public street shall be limited to the fewest necessary number of curb cuts as is generally depicted in the Township's Master Plan Amendment — Phase 2, dated October 2005.

(c) Culs-de-sac, gated or dead-end streets are not permitted.

(d) Shared driveways that serve more than one property shall be provided where appropriate. Cross-access documentation shall be required between adjoining properties.

(e) Pedestrian and/or bicycle connections to the primary public entrance of the building shall be provided.

(f) Site planning shall address the need for bicycle racks and/or lockers, i.e., location, number and design.

(g) All portions of the development site shall be linked via a sidewalk and pathway network as approved by the Planning Board or Board of Adjustment; the site shall be pedestrian-oriented, with a design that enables and encourages pedestrian and bicycle circulation, with linkages to surrounding areas.

(h) Where a service or commercial lane or access drive is incorporated into the design, the Planning Board or Board of Adjustment may further restrict the number of curb cuts.

(i) Alleys are permitted and encouraged at appropriate locations.

(j) The applicant shall actively pursue public transportation service in conjunction with bus stops and/or shelters to be planned for the entire town center development. Bus stop locations shall be coordinated with New Jersey Transit. The Planning Board or Board of Adjustment may require shelters, benches, lighting, trash receptacles, signage and landscaping.

(8) Route 206 right-of-way.

(a) The right-of-way shall be at least 94 feet as the illustrative cross section shows.[5]

[5] Editor's Note: See Town Center Street Cross Sections included at the end of this chapter.

(b) A minimum fifteen-foot-wide sidewalk area with a single row of street trees and curbing shall be provided along property frontage.

(c) Future reservation shall be provided for an eight-foot-wide parallel on-street parking strip when existing Route 206 is changed in function as a result of the completion of the Route 206 bypass or its equivalent.

(d) Future reservation shall be provided for a six-foot-wide bike lane when existing Route 206 is changed in function as a result of the completion of the Route 206 bypass or its equivalent.

(e) Fourteen-foot-wide curbed grass medians with left turn lanes at each major intersection shall be provided.

(9) Amwell Road right-of-way.

(a) The right-of-way shall be at least 91 feet as the illustrative cross section shows.[6]

[6] Editor's Note: See Town Center Street Cross Sections included at the end of this chapter.

(b) A minimum fifteen-foot sidewalk with a single row of street trees and curbing shall be provided along property frontage.

(c) On-street parking is encouraged, where appropriate.

(d) Fourteen-foot-wide curbed grass medians with left turn lanes at each major intersection shall be provided.

(10) New service road without landscaped median.

(a) The right-of-way shall be at least 70 feet as the illustrative cross section shows.[7]

[7] Editor's Note: See Town Center Street Cross Sections included at the end of this chapter.

(b) A minimum twelve-foot-wide sidewalk area with a single row of street trees and curbing shall be provided along property frontage.

(c) Eight-foot-wide parallel on-street parking strip shall be provided.

(11) New alleys.

(a) Two-way traffic:

[1] The right-of-way shall be at least 25 feet.

[2] The minimum cartway width shall be 16 feet and curbed.

(b) One-way traffic:

[1] The right-of-way shall be at least 20 feet.

[2] The minimum cartway width shall be 12 feet and curbed.

(c) An eight-foot-wide parallel, on-street, parking strip shall be provided wherever a principal building adjoins that edge of the right-of-way.

(d) Curbing and an abutting four-foot-wide sidewalk shall be provided on each side of the alley that adjoins a principal building.

(12) Landscaping.

(a) A landscape plan shall be provided for the entire site and shall be prepared by a licensed landscape architect.

(b) All trees planted in front of buildings shall be at least three to 3 1/2 inches in caliper and single-stemmed street trees at the time of planting. All other trees shall be 2 1/2 to three inches in caliper or multistemmed and at least 10 to 12 feet tall at the time of planting, unless otherwise provided by these standards.

(c) Existing trees having a DBH (diameter-at-breast-height, measured at 4 1/2 feet above ground level) over six inches shall be preserved unless removal is approved by the Planning Board or Board of Adjustment. If a preserved tree dies, it must be replaced with a minimum four-plus-inch caliper tree of the same or similar tree species, subject to approval by the Township Planning Department.

(d) Impervious materials shall not be placed over the critical root zone of a preserved tree. The critical zone is at least a ratio of one-inch DBH to one-foot radius around the tree or three feet beyond the dripline of the outermost branches of the tree, whichever is larger. Man-made pervious materials other than mulch, shrubs, flowers or ground covers shall be approved by the Planning Board or Board of Adjustment.

(e) All exposed soil areas shall be covered with bark, mulch, ground cover, or other weed-control measures as approved by the Planning Board or Board of Adjustment.

(f) A single row of canopy trees shall be planted along property lines abutting a street at a ratio of one tree for every 40 linear feet within a minimum ten-foot-wide planting strip.

(g) Canopy trees shall be planted within the front yard setback area.

(h) Detention basins, headwalls, outlet structures, concrete flow channels, riprap channels, and other drainage improvements shall be screened with plant materials and/or berms. Such drainage structures, as appropriate, shall be situated in the least visible location or, if visible, incorporated into the natural curves of the land. Detention basin embankments and the basin itself shall be extensively landscaped with wet site tolerant plant material, with the intention of recreating a seasonal and high water wet ecosystem. The detention facility shall be sized to accommodate the future growth of vegetation planted in the basin.

(13) Off-street parking design.

(a) Parking areas shall be designed as a series of small lots that provide space for no more than 20 cars for double-sided parking and 10 cars for single-sided parking. The small parking lots shall be separated by minimum five-foot-wide (exclusive of curbing) internal planting areas that feature trees planted in grass or other Planning Board- or Board of Adjustment-approved landscape material, as appropriate.

(b) Parking areas shall be located behind or on the side of buildings and subject to appropriate screening requirements as provided in Subsection G(13). Parking areas shall not be located between the roadway and front of any buildings.

(c) All parking areas, where visible from a public street, shall be screened by a five-foot-high solid wall, architectural fence and/or solid evergreen hedge as approved by the Planning Board or Board of Adjustment.

(d) One canopy tree shall be provided at a ratio of one tree to every four parking spaces in the parking area.

(e) Each parking space shall be within 50 feet of a planted or retained tree.

(f) Where slopes of 5% or greater exist, parking bays shall be terraced, with planting between changes in level.

(g) Where over 100 parking spaces are provided, clearly demarcated pedestrian pathways identified with small-scale pavement (pavers or scoring) oriented toward the principal building entrances shall be provided.

(h) Each separate planting area shall have a minimum of 150 square feet per tree and shall have a minimum dimension of at least five feet.

(i) In addition to required trees, where approved by the Planning Board or Board of Adjustment, as appropriate, planting areas shall be landscaped with low shrubs, ground cover, or other approved landscaping materials that will not exceed 3 1/2 feet in height at maturity.

(j) Where parking is adjacent to a public right-of-way, a ten-foot-wide landscape buffer shall be provided between the edge of the right-of-way and the edge of the parking lot. In addition to the required trees and screening, the buffer shall consist of one of the following:

[1] A solid wall or architectural fence five feet high.

[2] Landscaping of at least one shrub every three linear feet in the form of an evergreen hedge five feet high.

[3] Berming at least three feet high. Berms shall be planted with ground covers, shrubs, and trees so as to provide a substantially solid screen five feet high.

(k) Parking areas shall be designed to be interconnected with adjacent properties and shall utilize common entrances and exits where feasible to minimize access points to the street. Such interconnections shall be established through an appropriate cross-access easement. The use of rear lanes or commercial service roads is encouraged to avoid individual curb cuts onto Route 206, Amwell Road and any new Master Plan road or street.

(l) Shared parking shall be required on site for multiple-use properties and is encouraged between properties. The appropriate board shall approve a reduced parking ratio subject to a parking utilization study prepared by the applicant.

(m) Large undivided parking lots are prohibited. Large parking areas shall be functionally divided by internal circulation corridors or aisles to establish several smaller lots to prevent random or high-speed movements and to provide for the planting of street trees and other landscaping. The recommended maximum number of spaces within such a sublot, or lots separated by an island or planting strip, shall be 100 spaces, with 50 or fewer preferred. End aisles should be delineated by a landscaped island not by painted asphalt.

(n) There shall be a comprehensive network of sidewalks and pedestrian passageways that connect the parking lots with the front, sides and rear of the buildings. The sidewalks and passageways shall be linked to other off-site pedestrian connections where appropriate, based on proximity to existing residential areas, proposed intended use of the building, and provision of existing or planned pedestrian or bicycle improvements.

(o) Pedestrian passageways shall connect rear parking lots between buildings with textured walking surfaces, street furniture and landscaping. In addition, the design of the building may incorporate window displays, side door entrances, or other interesting features along the passageway. Lighting should be provided for all parking facilities and sidewalks.

(p) All lighting fixtures located in parking lots must utilize LED lighting systems. The freestanding light fixtures shall be similar to the Teardrop Model TF3 by HADCO. The height of such lights shall not exceed 12 feet.

[Added 9-22-2020 by Ord. No. 2020-24]

(14) Pedestrian circulation.

(a) Paving materials shall identify pedestrian circulation areas within the parking lot.

(b) Pedestrian walkways, at least five feet in width, shall connect public sidewalks to parking areas, public and civic spaces and other locations where public sidewalks are not otherwise provided.

(c) Along building facades with a public customer entrance and along any facade abutting public parking areas, public sidewalks at least five feet in width shall be provided along the full length of the facade, except that sidewalks at least 12 feet in width shall be provided along existing Route 206 (Main Street) and Amwell Road.

(d) The following features should be addressed in conjunction with walkways and sidewalks as follows:

[1] Landscaped areas may be provided along at least 30% of the length of the property frontage.

[2] Use of smaller scale pavement (pavers or scoring); along the first five feet in from the curb is required, subject to the approval of the Architectural and Site Design (ASD) Subcommittee.

[3] Pedestrian-scale lighting is required in alleys and pedestrian plazas.

[4] Rain protection (awnings, arcades) is encouraged.

[5] Street trees are required to be planted along the first five feet in from the curb.

(e) Common areas shall be accessible from all buildings and connected by a comprehensive, on-site pedestrian circulation system. Clearly defined buffers that enhance the attractiveness of the streetscape and promote pedestrian safety shall be used. Sidewalks and plazas should be made comfortable for use by pedestrians through the use of landscaping, overhangs and canopies in order to provide shade and non-heat-absorbing materials. Pedestrian circulation layout on any development site should take into account on-site generators of pedestrian movement such as open spaces, schools, retail centers, and bus stops.

(15) Decorative walls, fences and screening design.

(a) Decorative walls and fencing may be required by the Planning Board or Board of Adjustment to complement the structure style, type and design of the principal structure.

(b) Walls and fencing are allowed only in side and rear yards and behind the front building line, with the exception of outdoor eating and play areas.

(c) Walls and fencing shall be constructed of durable high-quality materials and shall display a high quality in finish and detail; made of masonry, ornamental metal, wood, or a combination of these materials.

(d) Walls and fencing greater than 50 feet in length shall have a change in plane, height, material, or material texture, or significant landscape massing.

(e) Planting shall be considered as part of any wall or fence plan.

(16) Loading, outdoor storage, and service areas.

(a) Where these areas face adjacent residential uses or public rights-of-way, architectural walls or fences no less than six feet in height shall be provided.

(b) No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 10 feet of any public sidewalk or 25 feet from any public right-of-way and said 25 or 10 feet shall be landscaped with trees, shrubs and grounds covers so as to provide a buffer area between the public right-of-way or sidewalk.

(c) Materials, colors, and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the principal building.

(d) Service functions shall be incorporated into the overall design of the building and landscaping so that they are fully contained and out of view from adjacent properties and rights-of-way.

(e) Truck delivery and circulation routes shall be separated from customer circulation. Pullover or lay-by short-term pickup and dropoff areas may be provided as long as they do not substantially interfere with either vehicular or pedestrian traffic flow.

(f) No delivery, loading, trash removal or compaction, or other such operations shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless the applicant or developer submits evidence that sound barriers between all areas for such operations or use effectively reduce noise emissions to a level of 45 dB or less, as measured at the lot line of any adjoining residential property of zone district.

(17) All utilities shall be installed underground where feasible, or relocated to a less visible location at the rear of buildings fronting on existing Route 206 (Main Street) and Amwell Road, and all uses shall be connected to approved and functioning public water and sanitary systems. Prior to approval, an applicant must obtain a certificate from the appropriate agency allocating capacity in the system to the development.

(18) Each permitted use shall provide for the orderly deposit and pickup of refuse which is concealed from adjoining properties, customer parking areas, and nearby roadways. No trash shall be allowed to extend above or beyond the enclosure. This area shall be visually screened by a decorative wall and landscaping. The overall design, including materials and colors, shall be architecturally compatible with the principal building and shall not be located within landscaped buffer areas. Also, the applicant shall provide an effective litter management plan, subject to Township review and approval. Such management plan shall be submitted with an application for final site plan approval.

(19) All provisions and facilities for storage, other than pickup of refuse and recyclable materials, shall be contained within a principal building.[8]

[8] Editor's Note: Former Subsection G(20), regarding affordable housing, was repealed 9-22-2020 by Ord. No. 2020-24.

H. Architectural standards.

(1) Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements in the Architectural and Site Design Overlay Zone, as contained in §§ 188-167 to 188-175, shall apply, except as otherwise provided in the TC Town Center District requirements.

(2) Requirements for establishments with drive-through facilities.

(a) A drive-through facility shall be architecturally coordinated with and integrated into the principal building.

(b) A drive-through facility shall only be permitted if the permitted principal use it serves does not have direct vehicular access to a public street.

(c) A drive-through facility shall only be permitted for a pad site associated with a permitted town center shopping center with direct vehicular access thereto.

(d) A drive-through facility shall not be located on the street side of the building or in front of the front building line.

(e) A drive-through facility shall be permitted only at locations where such facility is not a dominant visual element within the TC Town Center District.

(f) A drive-through facility shall be limited to two service lanes.

(g) A drive-through facility, accompanying driveway and associated signage shall be set back a minimum distance of 50 feet from any land zoned for residential development.

(h) A drive-through facility and associated signage shall be provided with landscaping to visually enhance views of the facility, signage and driveway as seen from the surrounding area.

(i) A drive-through facility may be permitted, provided that such facility does not adversely impede or conflict with pedestrian and/or vehicular circulation in the area.

(j) The Planning Board or Board of Adjustment shall be satisfied that the on-site and off-tract traffic circulation is capable of accommodating the proposed traffic volume associated with such facility, particularly during peak hours. The stacking driveway for the drive-through window shall provide room for at least five automobiles and shall be separated from any off-street parking areas and their access aisles, loading areas or trash enclosures.

(3) (Reserved)[9]

[9] Editor's Note: Former Subsection H(3), Signs, was redesignated as Subsection J 10-14-2008 by Ord. No. 2008-36.

(4) Streetscape elements.

(a) Lighting.

[1] Lighting shall be the minimum required for safety and shall be provided in the least intrusive manner. Traditional freestanding light fixtures shall be required in parking lots and along streets and pedestrian pathways. By way of example, a streetlight and parking lot light fixture shall be similar to the Teardrop Model TF3 by HADCO, which is a high quality freestanding light fixture appropriate to a town center environment.

[2] Streets, parking lots, intersections, points where various types of circulation systems merge, intersect or split, stairways, sloping or rising paths, and building entrances and exits shall require illumination. Lighting shall be provided where buildings are set back or offset if access is provided at such points.

[3] Freestanding lights shall be located and protected to avoid being easily damaged by vehicles or vandalized. The height of such lights shall in no case be greater than 12 feet. All lighting shall be serviced under ground.

[4] The source of the illumination for freestanding and building-mounted lights shall be shielded and the style of the light and light standard shall be consistent with the architectural style of the proposed structures. Diffusers and refractors shall be installed to reduce unacceptable glare, particularly adjacent to residential areas. Luminaires shall be translucent or glare-free, using opaque glass or acrylic lenses.

[5] Spotlight fixtures attached to buildings and visible to the public are prohibited. Where lights along property lines are visible from adjacent properties, the lights shall be appropriately shielded and/or the mounting heights shall be reduced.

[6] All lights under a canopy structure shall be ceiling-mounted and recessed so the lens does not extend beyond the ceiling so as not to produce glare.

[7] Sidewalks and pathways may be lit with low bollard-type standards, not to exceed two feet in height.

[8] All proposed lighting plans shall be accompanied by a point-by-point plan indicating numerical illumination levels. The plan shall indicate the average, minimum, maximum and minimum-to-maximum illumination levels for maintained footcandles.

(b) Special effect lighting.

[1] May include string lighting in trees or up-lighting on trees.

[2] Fixtures shall be waterproof and light shall be shielded so as not to impair a pedestrian's vision or vehicular traffic.

(c) Seating, benches and bus shelters.

[1] Shall be grouped together as much as possible and be placed at busier pedestrian nodes or gathering places.

[2] Shall be designed and placed appropriately to provide an amenity to the public.

[3] Can be manifested in permanent planter edges.

[4] Shall not obstruct views for vehicles, sidewalks for pedestrians, or signs and displays for businesses.

[5] Shall blend in with the surroundings or be specified in a complementary accent color.

[6] Bus shelter locations shall be coordinated with streetscape design and shall include appropriate signage, lighting, trash receptacles, benches, landscaping and access.

(d) Fountains.

[1] Shall be located in key public areas such as square or plazas or at street corners where they help attract attention and draw pedestrians.

[2] Shall allow for ample pedestrian circulation on all sides.

[3] May be designed to encourage sitting along the edges.

(e) Kiosks.

[1] Shall be used for retail purposes, limited to the sale of non-food items, or to impart community information to the public.

[2] Shall be positioned to complement and respect other street furnishings such as benches and lighting.

[3] Shall be accessible and attractive from all sides and well illuminated.

[4] Shall be flexible to allow for up-to-date information.

[5] Shall consider fixed kiosks to project a sense of permanence with other fixed surroundings.

[6] Are not required to be fixed and may be mobile to allow for flexibility in public areas.

(f) Tree grates.

[1] Shall be used wherever a tree is placed within a high-traffic area.

[2] Shall allow for tree growth and be made of ductile iron; should also be factory painted.

[3] Electrical outlets shall be provided within the grate area to allow for lighting opportunities.

[4] Shall be designed to support up-lighting.

(g) Planting pots and planters.

[1] Used in addition to landscape planting areas to complement the surrounding streetscape by adding color and variety.

[2] Can be placed anywhere pedestrian or vehicular traffic is not disturbed, but may function as a separation between pedestrians and vehicles.

[3] Large pots are preferred to fixed boxes to allow for maintenance or service access.

[4] Ideal near seating areas, but plant materials shall not interfere with circulation or comfort.

(h) Trash receptacles.

[1] Shall be located conveniently for pedestrian use and service access in significant areas and gathering places.

[2] Shall be permanently attached to deter vandalism and have sealed bottoms with sufficient tops to keep contents dry and out of pedestrian view.

[3] Restaurants with outdoor seating shall provide additional trash receptacles in appropriate locations.

[4] Should blend in with the surroundings or be specified in a complementary style or accent color.

(i) Bicycle racks.

[1] Shall be permanently mounted and placed in convenient locations throughout public spaces to encourage bicycle use.

[2] Shall be placed so as not to obstruct views or cause hazards to pedestrians or drivers.

[3] Shall exhibit a simple and easy design that allows for convenient and safe use by the public.

(j) Bollards.

[1] Shall integrate with and aesthetically complement the overall streetscape concept.

[2] Shall be set back from curbs to allow unobstructed opening of parked car doors.

[3] May be chained or cabled together to ensure pedestrian safety or define areas for public functions.

[4] Removable bollards shall be used where service vehicles need access and for street closures in the event of festivals or community events.

(k) Utility accessories.

[1] Includes utility boxes, meters, manhole covers and fire hydrants; shall be coordinated with other streetscape accessories.

[2] Readily accessible and placed so as not to obstruct pedestrian movement.

[3] Minimize visual and physical impact as much as possible.

[4] Shall blend in with the surroundings or enhance the area.

(l) Newspaper racks.

[1] Shall be grouped together as much as possible and be placed at busier pedestrian nodes or gathering places.

[2] Shall be designed and placed appropriately to provide service to the public.

[3] Shall not obstruct views for vehicles, sidewalks for pedestrians, or signs and displays of businesses.

(m) Residential gazebos, arbor, trellis or pergolas.

[1] Maximum height of gazebos shall not exceed 12 feet above adjacent grade, excluding rooftop ornaments. Gazebos shall be constructed of wood and shall have a maximum size of 150 square feet.

[2] Gazebos shall be located no closer than five feet from a principal structure and side and rear property lines.

[3] Trellises, arbors and gate arbors are permitted in the side and rear yards.

[4] Trellises, arbors and gate arbors shall be proportionately sized for the overall area of the yard and shall not exceed eight feet in height, five feet in width and three feet in depth. They shall be constructed of wood and complement the architectural style, type and design of the fence or structure.

[5] Location of arbors, trellises and pergolas shall be located no closer the five feet to the side and rear property lines.

I. Green technology requirements.

[Amended 5-22-2018 by Ord. No. 2018-05; 9-22-2020 by Ord. No. 2020-24]

(1) The concept of a "green development" is based on accepted energy and environmental principles and strikes a balance between known established practices and emerging concepts. Performance criteria relate to sustainable site development, water savings, energy efficiency, materials selection, and indoor environmental quality.

(2) All applications for new development in the Town Center District, except for additions which are 50% or less than the existing gross floor area, shall demonstrate to the Hillsborough Township Planning and Zoning Department how the proposed development could incorporate green technology into the proposed design. Attempts should be made to meet minimum accreditation levels found in the LEED (Leadership in Energy & Environmental Design) Green Building Rating System, the Enterprise Green Communities Criteria, or an equivalent rating system.

(3) At a minimum, applicants shall submit the following information to the Planning & Zoning Department at the time of site plan application:

(a) A summary of green technology utilized in the building design similar to a LEED scorecard, or equivalent rating schedule, accompanied by an explanation of how each credit would be achieved or why the credit cannot be achieved for the project; and

(b) For multifamily residential projects, the degree to which appliances and fixtures will meet the United States Environmental Protection Agency's (EPA's) ENERGY STAR^® Standards.

J. Signs.

[Amended 10-14-2008 by Ord. No. 2008-36[10]]

(1) Permanent signs.

(a) There shall be a consistent sign design theme throughout the development. A unifying design theme shall include style of lettering, method of attachment, construction, material, size, proportion, lighting, position and day/night impacts. Color of letters and background shall be carefully considered in relation to the color of the materials of the building(s) or where the signs are proposed to be located. Signs shall be a subordinate rather than predominant feature of any building. The lettering and sign shall be compatible with the architecture of the building.

(b) A comprehensive signage plan shall be provided which covers overall project identification, window signage and lettering, individual building/tenant identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions. A signage hierarchy shall be established governing the above signage categories.

(c) All permanent signage (except for traffic, parking and directional instructions) shall be affixed to a building facade, canopy or arcade, be located no higher than the sills of second-story windows, and be visible to both pedestrians and drivers.

(d) The maximum sign area in the TC Town Center District for permitted nonresidential uses shall be 10% of the first floor facade of each tenant or use, but in no event greater than 20 square feet.

(e) Blinking and flashing signs are prohibited.

(f) Signs painted on the exterior walls of any building are prohibited.

(g) Neon signs and other tube-type signs, all flashing, intermittent, moving or fluttering signs, such as banners, flags or pennant signs, signs producing glare or using bare bulbs, such as fluorescent signs, and signs that obstruct pedestrian traffic are prohibited.

(h) In addition to all other signage, restaurants, cafes, luncheonettes and delicatessens may be permitted the following: one wall-mounted display sign per business, featuring the actual menu, but not to exceed three square feet in area and one sandwich board sign not to exceed three square feet per sign face which shall not obstruct pedestrian traffic.

(i) The area, brilliance, character, color, degree, density, intensity, location and type of illumination of any sign shall be the minimum necessary to provide for the readability of the proposed sign by the public without shedding further illumination on nearby buildings. All sources of illumination shall be shielded or directed in such a manner that the direct rays therefrom are not cast upon any property other than the lot on which such illumination is situated. Illumination shall be steady in nature, not flashing, moving or changing in brilliance, color or intensity.

(j) Special mounting standards shall be used for traffic directional, handicapped parking and other similar on-site signage.

(k) All signs shall be produced using professional methods.

(l) An effective signage and wayfinding program shall be instituted by the Township and implemented through the development approval process by developers in the TC Town Center District, as appropriate, to guide visitors to parking facilities and mass transit connections.

(m) Temporary freestanding signs not to exceed 30 square feet in area and 10 feet in height are permitted until a Town Center development is approved by the Planning Board or Board of Adjustment using the regulations contained in this section. Any temporary freestanding sign in Town Center must be removed at the issuance of a building permit for the approved development.

[Added 8-10-2010 by Ord. No. 2010-24]

(2) Window lettering and signs.

(a) All window lettering and signs shall be inside the window and shall be considered interior signs.

(b) Window lettering or signs, including temporary and permanent, shall be permitted only if the rectangle or square which encloses the area around such lettering or sign does not exceed 30% of the total window area. Any painted area of any window shall be construed as window lettering or signs, whether or not such area actually contains lettering or advertising.

(c) The window lettering or sign shall pertain only to the establishment occupying that portion of the premises where the window is located.

(d) The following window lettering and signs are specifically prohibited: those having an exterior source of illumination and signs which include moving or animated images or text.

(e) All window lettering and signs shall be kept in good repair.

(3) Signs on awnings, canopies or similar structures or attachments.

(a) Awnings, including awnings with a sign(s), shall be architecturally compatible with the building to which they are attached. All awnings shall be reviewed and approved by the Planning Board or Board of Adjustment during the site plan review and approval process. Alternatively, design standards relating to awnings, with or without signage, shall be prepared by the applicant for review and approval by the Planning Board or Board of Adjustment.

(b) Awnings must be kept in good repair; clean and unfaded.

(c) Awnings must be substantially attached to the main building structure.

(d) Awning lettering and numbers as well as the style and colors must aesthetically blend with the building.

(e) Letter height shall not exceed 1/3 of the awning height and in no event shall exceed eight inches.

(f) Where applicable, awnings shall contain street numbers.

(g) Awnings shall not contain phone numbers, product advertising, or product logos.

[10] Editor’s Note: This ordinance also provided for the redesignation of former Subsection H(3), Signs, as Subsection J.

K. Mixed-Use Inclusionary Overlay District.

[Added 5-22-2018 by Ord. No. 2018-05]

(1) Purpose, applicability, and affordable housing obligation.

(a) The purpose of the Mixed-Use Inclusionary Overlay District is to provide an incentive for the construction of affordable multifamily housing in the Town Center District as part of the Township's fair share housing plan for meeting the region's low- and moderate-income housing needs.

(b) This overlay district applies to the following properties: Block 178; Lots 4, 5, 6, 7, 8, 9, 10, and 11 on the Hillsborough Township Tax Map, which must be planned and developed as a single tract to qualify for the overlay option. For the purposes of this section, a "tract" is defined as an area of land comprised of one or more adjacent lots which together have sufficient dimension and area to make one parcel of land meeting the requirements of this section for the uses intended.

(c) A minimum of 24% of the total number of residential units shall be low- and moderate-income units in accordance with applicable affordable housing regulations, including but not limited to Article VII of this chapter, but in no case shall there be less than 46 low- and moderate-income units provided on the tract, regardless of the total number of units constructed.

(2) Permitted principal uses in the overlay district. In addition to principal uses permitted in the underlying Town Center District, single-use multifamily dwellings constructed as part of a planned mixed-use inclusionary development on a single tract in accordance with the following standards.

(a) The minimum tract size shall be 8.5 acres with a minimum frontage of 790 feet on Route 206.

(b) There shall be a minimum of 28,000 square feet of retail space located in mixed-use buildings fronting on Route 206 that are fully conforming to Town Center bulk and design standards unless otherwise stated in this section. The mixed-use buildings shall be included in the first phase of the development on the tract.

(c) All single-use multifamily buildings shall be located to the rear of the mixed-use buildings and establish a clear internal village community with the majority of such structures fronting on green areas or plazas. In no case shall any single-use multifamily building front on either Route 206 or Amwell Road.

(d) The maximum number of dwelling units on the tract shall be 191 with at least 37% of those units located on the upper floors of mixed-use buildings. The maximum number of dwelling units in any single-use multifamily building shall be 15. The minimum number of dwelling units in a mixed-use building shall be 2.3 units per 1,000 square feet of retail space on the ground floor. The maximum number of dwelling units in a mixed-use building shall be 2.6 dwelling units per 1,000 square feet of retail space on the ground floor.

(e) The overall development shall otherwise conform to all other applicable TC standards.

(3) Permitted accessory uses and structures: in addition to accessory uses and structures permitted in the underlying Town Center District, community recreational facilities for the use of residents and their guests.

L. Multifamily Age-Restricted Inclusionary Overlay District.

[Added 7-14-2020 by Ord. No. 2020-16]

(1) Purpose, applicability, and affordable housing obligation.

(a) The purpose of the Multifamily Age-Restricted Inclusionary Overlay District is to provide an opportunity for the construction of affordable multifamily housing in the Town Center District as part of the Township's fair share housing plan for meeting the Township's low- and moderate-income housing needs.

(b) This overlay applies to Lot 12 in Block 178 on the Hillsborough Township Tax Map, which shall be planned and developed as a single tract to qualify for the overlay option. For the purposes of this section, a "tract" is defined as an area of land comprised of one or more adjacent lots that together have sufficient dimension and area to make one parcel of land meeting the requirements of this section for the uses intended.

(c) A minimum of 33% of the units in the overlay district shall be low- and moderate-income units in accordance with applicable affordable housing regulations including but not limited to Article VII of this chapter; and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).

(2) Permitted principal uses in the overlay district: single-use multifamily dwellings constructed as part of an age- restricted inclusionary development. The age-restricted development shall be restricted by bylaws, rules, regulations and/or restrictions of record to occupancy by permanent residents 55 years of age or older pursuant to the Federal Fair Housing Act (42 U.S.C. § 3607). The overall development shall otherwise conform with all applicable TC District standards with the following exceptions.

(a) Minimum lot size: four acres.

(b) Minimum and maximum front yard setback: 20 feet provided that the setback is sufficient to accommodate the Amwell Road right-of-way requirements found at § 188-113.5G(9) of the Township Code.

(c) Maximum dwelling units: 42 age-restricted dwelling units.

(d) Maximum total impervious coverage: 35%.

(3) Permitted accessory uses and structures in the overlay district.

(a) Management and maintenance facilities such as but not limited to: garages, storage sheds, maintenance facilities, and leasing offices.

(b) All other uses customarily incidental and accessory to multifamily residential communities.

(4) Signs. The tract in question may have one permanent entry sign with a maximum area of 20 square feet and shall not exceed a height of six feet. The permanent sign shall be located near the entrance drive but shall not be located within any sight triangles nor closer than 10 feet from a public right-of-way or within any sight triangles. The sign shall otherwise meet the requirements of §§ 188-113.1H and 188-83 of the Township Code.

(5) Supplemental regulations.

(a) The requirements contained in §§ 188-167 to 188-175 of the Architectural and Site Design (ASD) Overlay Zone shall apply, except as otherwise provided in the Town Center District or this subsection. In addition, residential buildings in this overlay district may exceed the 100-foot maximum wall length established in § 188-175B(5) of the ASDO if it can be demonstrated that the appropriate design features have been employed to modulate the facade to give the appearance of several buildings and otherwise comply with that section.

(b) No rear walls or blank walls shall face Amwell Road.

(c) The number and dimensions of all residential on-site parking shall be governed by the New Jersey Residential Site Improvement Standards (RSIS). Parking is prohibited between the forward-most building and Amwell Road. Any parking that is visible from Amwell Road shall be appropriately screened.

(d) Fencing may be included on the perimeter of the tract, or within the tract, provided the fencing is of an architecturally compatible design and consistent throughout the tract. Solid fences are prohibited, except as required for trash enclosures. No fence shall exceed a height of five feet above finished grade. No fencing is permitted closer to the street than the front-most building wall on the tract.

(e) All portions of the site shall be linked via a sidewalk and pathway network that enables and encourages pedestrian and bicycle circulation with linkages to adjoining retail services. Appropriate sidewalks, pavement treatments, crosswalks, and signage shall be provided. A pedestrian walkway at least five feet in width shall connect the internal pedestrian system to the public sidewalk along Amwell Road.

(f) To the extent feasible, opportunities for future pedestrian, bicycle, and vehicular cross-access to adjoining commercial properties should be designed into the project. Shared driveways that serve more than one property may be provided where deemed appropriate by the applicable Board [see § 188-113.5G(13)(l) of the Township Code for provisions regarding shared parking arrangements].

(g) Any phasing of the project shall be subject to approval of a phasing plan by the applicable Board submitted with the site plan application.

§ 188-113.6 GC Gateway C District.

[Added 6-23-2015 by Ord. No. 2015-10]

A. Purpose. The purpose of the GC Gateway C District is to provide a mix of residential, limited retail and other office commercial uses adjacent to a transit facility in order to create a complete, pedestrian-friendly neighborhood with additional commercial and standalone residential uses nearby to support the transit facility and provide employment opportunities. The GC District is delineated on the revised Zoning Map referred to herein and provided as part of this ordinance.

B. Permitted principal uses. All uses shall be provided at a scale and size that is appropriate for the district. There may be more than one permitted principal use or structure on a lot, subject to compliance with § 188-113.6C through G as contained below.

(1) Mixed-use buildings shall be limited with retail sales of goods and services only permitted on the first floor and with residential and/or office uses permitted above the first floor. Mixed-use buildings shall only be permitted within a reasonable walking distance from the transit facility, which is to be located within the GC Zone. (As of the date of adoption of this ordinance, such transit facility is planned to be located on Block 200.10, Lot 3). Mixed-use buildings may only proceed with construction when said transit facility is in existence.

(2) Personal service establishments.

(3) Freestanding offices, including medical offices and medical centers.

(4) Business services.

(5) Child-care and adult day-care facilities.

(6) Mass transit facilities, which may include retail, and related maintenance/storage facilities.

(7) Recreational and/or open space facilities, including, but not limited to, walkways, courtyards, plazas, squares, community gardens and parks.[1]

[1] Editor's Note: Former Subsection B(7), regarding utilities, was repealed 3-28-2017 by Ord. No. 2017-02. This ordinance also redesignated former Subsection B(8) through (19) as Subsection B(7) through (18), respectively.

(8) Fiduciary institutions (without drive-through facilities).

(9) Restaurants, including sit-down and carry-out, as long as food and/or drinks shall not be served or sold directly to patrons in motor vehicles.

(10) Commercial instructional facilities.

(11) Corporate conference centers.

(12) Hotel/motel.

(13) Residential uses in planned mixed-use developments:

(a) Shall comply with tract standards under § 188-113.6I(1).

(b) May only proceed with construction when the said transit facility within the GC Zone is in existence.

(c) Residential flats or lofts, which shall only be located above the first floor in a mixed-use building.

[1] The maximum number of permitted residential flats or lofts in a mixed-use building shall be one dwelling unit for each 1,000 square feet of nonresidential gross floor area. All residential flats or lofts must be provided in the same mixed-use building that is used to determine the permitted number of residential flats or lofts.

(d) Freestanding residential units, which shall be limited to townhouses and multifamily buildings, and which may only be developed within a planned mixed use development.

[1] Townhouses shall not exceed eight dwelling units per acre.

[2] Multifamily units shall not exceed 10 dwelling units per acre.

[3] Total freestanding residential uses shall not exceed 100 dwelling units within the entire GC District.

[4] Bulk requirements, as specified in 188 Attachment 11, Table 2, Bulk Requirements for Townhouses and Multifamily in Planned Mixed-Use Developments, shall be met.

[5] Freestanding residential units shall not exceed 70% of the total residential units in a planned mixed use development. The remaining units, being residential flats or lofts, shall be located only within mixed-use buildings.

(e) In any building containing residential dwelling units in the GC District, the maximum amount of bedroom types permitted for market-rate housing is as follows:

[1] Studio/one bedroom: 45% of total units.

[2] Two-bedroom: 55% of total units.

[3] Three-bedroom: 10% of total units.

(14) Extended care facilities.

(15) Health club/fitness centers.

(16) All farm and agricultural uses, including nurseries, poultry and livestock raising, provided that:

(a) The keeping or raising of swine shall not be allowed except as part of a general farming operation on a property of not less than 25 acres. No more than 100 swine shall be kept on any property.

(b) No building, fenced run or other enclosure for the shelter of swine shall be closer to any property line or zone boundary than 200 feet.

(c) No building erected entirely or partially for the storage of hay or other flammable material shall be closer than 100 feet to any property line.

(d) No building for the shelter of fowl or farm livestock, other than swine, shall be closer to any side or rear property line or residential zone boundary than 100 feet; except that no range shelter or other building used to house a backyard flock shall be closer to any side or rear property line than 50 feet.

(17) Research and development.

(18) Existing single-family detached dwellings in compliance with § 188-66.

C. Prohibited uses.

(1) Drive-through facilities.

D. Accessory uses and structures.

(1) Street furniture such as benches, street lamps, bicycle racks, trash receptacles, tree grates, bus stops, landscape planters and hanging baskets shall be provided, as appropriate.

(2) All streets, alleys, sidewalks and pathways shall connect to other streets within the development and connect to existing streets outside the development, as appropriate. Dead-end streets are not permitted within developments in the GC District, unless such condition is unavoidable as determined by the Planning Board or Board of Adjustment.

(3) Surface parking lots are required and shall be designed to be coordinated and have access to adjoining lots to control the number of access points to Amwell Road, existing roads and all proposed Master Plan roads. Toward this goal, access drives may be granted temporary approval to be removed when alternate access becomes available in the future. All off-street parking areas shall be located behind existing and/or proposed buildings.

(4) Carports for residential uses only.

(5) Fences and walls which shall be uniform in size and materials and complement the architectural style, type and design of the building and overall project design, as established during the site plan review and approval process.

(6) Porches, decks, patios and terraces, which complement the architectural style and design of the building and the overall project design established during the site plan review and approval process.

(7) All residential accessory storage structures shall be attached to the principal dwelling or a detached garage. Such structures shall be no taller than one story and shall be designed as an integral part of the structure to which it is attached, including the same exterior materials and color. No freestanding structures of this type shall be permitted. The yard setback requirements for such structure shall be the same as the structure to which it is attached.

(8) All swimming pools and spas shall be in-ground type and shall be located at least 10 feet from all property lines and five feet from a dwelling. Spas, however, may be allowed above ground if incorporated into an attached house deck.

(9) Other accessory structures (e.g., gazebo, arbor/trellis) not otherwise enumerated above shall be addressed during the site plan review and approval process.

(10) Trash and garbage collection areas which are fully screened and constructed of materials that are compatible with the structure to which they are associated.

(11) Loading areas which are fully screened such that the screening materials are compatible with the structure with which they are associated.

(12) No outside storage trailers or bins are permitted.

E. Conditional uses.

(1) Off-street parking in elevated structures subject to the following standards:

(a) A parking structure no taller than the associated principal building(s), shall be a permitted conditional use if such structure(s) is/are located behind the associated principal building(s) and is/are well screened thereby from the existing public right-of-way.

(b) Parking structures shall be architecturally compatible with primary on-site buildings and structures. The location of parking structures shall be limited by minimum setback requirements to assure adequate shielding from off-site views from surrounding residential neighborhoods. Ample landscape screening shall be provided by the applicant to soften visual impacts associated with construction of parking structures.

(c) Parking structures shall be included as part of the building coverage calculation.

(2) Off-street parking located underneath buildings and fully screened from existing public rights-of-way.

F. Area, yard and bulk regulations.

(1) Minimums.

(a) Lot area: two acres.

(b) Lot width: 200 feet.

(c) Lot depth: 250 feet.

(d) Front yard setback: zero feet.

(e) Side yard setback: zero feet, unless abutting a residential zone or an existing building, in which case the side yard setback shall be 10 feet. There shall be no internal side yard setback where multiple buildings occupy one lot.

(f) There shall be a minimum distance of 40 feet between buildings, except side to side, which will be 15 feet or 1/2 the combined height of adjacent buildings, whichever is greater.

(g) Rear yard setback: The minimum rear yard setback shall be 25 feet, unless abutting an existing residential zone, in which case the rear yard setback shall be 50 feet.

(h) Accessory structures shall be located in the rear yard with no minimum rear yard setback, unless abutting an existing residential zone, in which case the minimum rear yard setback shall be 10 feet.

(i) Minimum height: two stories.

(j) Minimum tract size for planned mixed-use development: 10 acres.

(2) Maximums.

(a) Impervious coverage: 85%.

(b) Front yard setback: 10 feet.

(c) Building height: three stories or 45 feet permitted throughout the GC District except for architectural features which enhance the appearance of the GC District but do not contain usable floor area, and which may not exceed 55 feet in height. Architectural features include, but are not limited to: cupolas, towers and other roofline projections.

(3) Buffer areas shall be at least 25 feet wide and are required along all property lines abutting any residential district, around loading and trash collection points and along street lines where residences or residential zoning is located across the street.

(4) The building square footage associated with an enclosed second or third floor breezeway or exterior hallway connection between mixed-use and nonresidential buildings shall be permitted, and the proposed size shall not be included in the impervious coverage or floor area calculations. No individual nonresidential or mixed-use building footprint shall exceed 20,000 square feet, nor shall any single nonresidential or mixed use building exceed 200 feet along its greatest length.

G. Parking requirements.

(1) On-street parking, where provided within 250 feet of any permitted uses, may count towards the required number of nonresidential off-street parking spaces. The Planning Board or Board of Adjustment may, in its discretion, elect to give such spaces on-street parking credit or deny any credit for such property upon which they front and the uses of intervening properties located between the property seeking to apply the spaces toward its parking need and the spaces themselves. Creation and maintenance of public transportation options may be used in lieu of some parking needs where such a program is proposed and reviewed by the Planning Board or Board of Adjustment as to the short- and long-term viability of any such plan.

(2) The overall intent for the provision of parking the GC District is to balance the mix of uses with available parking opportunities both on and off the street. The minimum numbers of required off-street parking spaces for permitted uses in the GC District are as follows:

(a) Retail and personal service establishments at 3.5 spaces per 1,000 square feet of gross floor area.

(b) Office, bank, or fiduciary institution at three spaces per 1,000 square feet of usable floor area.

(c) Medical office and medical center at four spaces per 1,000 square feet of usable floor area.

(d) Business services establishments at three spaces per 1,000 square feet of gross floor area.

(e) Corporate conference centers at four spaces per 1,000 square feet of usable floor area.

(f) Hotel/motel at one space per guest unit plus one space per employee plus four spaces per 1,000 square feet of restaurant or conference center space.

(g) Residential at two spaces per dwelling unit, unless otherwise indicated herein.

(h) Restaurant at four spaces per 1,000 square feet of usable floor area.

(i) Child-care and elder-care centers at one space per employee plus one space per 10 persons enrolled.

(j) Commercial instructional activity at three spaces per 1,000 square feet of usable floor area.

(3) If the applicant can demonstrate that not all of the required parking spaces are necessary at the time of initial occupancy and operation of the use(s), then the additional required parking which is demonstrated as not needed may be "banked" or reserved for future parking on a space-per-space basis. The location of future parking areas shall be indicated on the site plan and left and maintained as landscaped areas. The methodology used by the developer to calculate the reduced number of parking spaces shall take into consideration the methods of recommended in "Shared Parking," published by the Urban Land Institute (1984), or other recognized standards acceptable to the Planning Board or Board of Adjustment.

(4) The number of required parking spaces may be reduced on a space-per-space basis if the applicant can demonstrate that suitable alternative parking spaces are located within close proximity to the subject property or site, through a shared parking arrangement with an adjoining use and/or land area. Those spaces, to be counted towards this shared parking arrangement, must be demonstrated to be available during the hours of operation of the affected uses, and access to those spaces must be provided for vehicles and pedestrians in a safe and efficient manner, including shared driveways and interconnected walkways where possible. A minimum twenty-five-year lease shall be provided. A site plan shall be submitted to the Planning Board or Board of Adjustment and shall be subject to their approval.

(5) The Township Zoning Officer shall conduct site visits to confirm that the parking remains sufficient to meet the needs of the development. If the Zoning Officer determines, after three separate site visits, that the parking is inadequate, the applicant shall be so informed. The applicant shall then have 45 days to submit to the Planning Board or Board of Adjustment either a technical report prepared by a New Jersey licensed engineer who is an expert in traffic substantiating that additional parking is not now needed or a site plan delineating which of the land banked parking will be constructed along with a specific time line for the construction of same. Either submission shall be subject to approval by the Planning Board or Board of Adjustment.

H. Supplemental regulations for affordable housing.

(1) For permitted residential uses, a minimum of 20% of the total dwelling units shall be deed restricted, in accordance with applicable Township and state regulations.

(2) Affordable units shall be proportionally distributed among the permitted dwelling types to be provided, in accordance with applicable Township and state regulations.

I. Supplemental regulations.

(1) Definitions and standards for a tract upon which a planned mixed-use development may be developed:

(a) The mixed-use development shall be permitted only on Block 200.10, Lots 12.01, 12.02, 13, 14 and 22 as being adjacent to the mass transit facility.

(b) For the purpose of the GC District development, a "tract" shall be defined as an area of land comprising one or more adjacent lots which together have sufficient dimensions and area to make one parcel of land meeting the requirements of Subsection F for the use(s) intended.

(c) The original land area may be divided by existing streets, and still be considered one tract, provided that the frontages on both sides of the street are opposite one another for a sufficient distance to enable a convenient, safe street system from one side to the other.

(d) The land area of any existing streets shall not be included in calculating the area of the tract.

(2) General procedures.

(a) Any development application in the GC District shall be informally submitted, initially, as a concept plan showing proposed buildings, roads, parking and other site improvements and how the proposed development is in keeping with the concepts enunciated in the Township's Master Plan amendment, dated March 14, 2013, and how the proposed plan would work with the future development of adjoining or otherwise affected land parcels.

(b) Following this initial conceptual review and discussion with the Planning Board, the development application shall be formally submitted as either a planned development or in the nature of a site plan and/or subdivision application. Such application shall describe the relationship to and support of the adopted Township Master Plan amendment as well as any phasing of the proposal, together with any on-site and off-tract improvements needed to support such phases. The application for preliminary site plan approval may also include a request for final approvals with respect to such phase or phases.

(c) In the event any single property owner or consortium of property owners owns properties consisting of two acres or more, it or they may apply to the Planning Board for general development plan approval for its or their portions of the GC District. Those property owners or a consortium of property owners who do not obtain a general development plan approval for their property shall be required to obtain site plan and/or subdivision approval as may be required by law in addition to complying with the conditions of this GC District.

(d) All applications for development of any subsection of the GC District shall be required to submit a phasing schedule unless said application is for a single property of less than two acres. In the event the application consists of approval for a site consisting of property of at least two acres, and the plan pertaining to said area consists of both residential and nonresidential uses, the phasing schedule shall incorporate the specific mechanism for residential development in conjunction with the build out of the nonresidential portion of the applicable site so as to ensure the balanced development of the property for both residential and nonresidential purposes.

(e) A GC District planned development shall be subject to the requirements of this zone and to the mandatory findings for a planned development as required by the Municipal Land Use Law at N.J.S.A. 40:55D-45.

(f) A GC District development shall conform to a General Development Plan approved by the Planning Board pursuant to the applicable provisions contained in the Township's Land Development Ordinance and in accordance with the bulk requirements for permitted uses.

(3) General site design requirements and phasing.

(a) The requirements in the Architectural and Site Design Overlay Zone, as contained in §§ 188-167 to 188-175, shall apply, except as otherwise provided in the GC District requirements, as indicated herein.

(b) A GC District development shall be conceived, designed, subdivided, site planned and approved by the Planning Board or Board of Adjustment as a single complex according to a comprehensive site development plan. In addition, site landscaping, building design, and common area maintenance guideline control standards shall be established by the applicant and approved by the Planning Board or Board of Adjustment.

(c) The entirety of a GC District development shall be developed with a common architectural theme which shall be part of the site plan approval process by the Planning Board or Board of Adjustment. The architectural theme shall include buildings, signing, fencing, lighting, paving, curbing, landscaping and other similar and related physical features.

(d) Mixed-use buildings may include residential units on the second and third stories above retail or office uses, with the exception that residential uses shall not be permitted on the same floor as office or retail space.

(e) The Planning Board or Board of Adjustment shall review and approve a phasing plan prepared by the applicant. The phasing plan shall ensure that development in the GC District shall be consistent with the development of infrastructure and supporting services and the sound management of growth in the Township. The phasing plan shall indicate the approximate date(s) when construction of the GC District development and phases thereof, including the mix of residential and commercial, will be initiated and completed.

(4) Building design and use.

(a) The treatment of side and rear walls of any proposed nonresidential and mixed-use building in terms of building materials and colors shall be similar to and consistent with the treatment of the front facade of that building.

(b) Minimum distances between nonresidential and mixed-use buildings shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The distance, at the closest point, between any two buildings shall not be less than 20 feet. In the case of two or more buildings being connected through the use of a breezeway or similar feature, the minimum distance between buildings may be reduced but shall not be less than 10 feet.

(c) Garages are prohibited along the main front facade of apartment or townhouse units facing an existing or proposed street. Garages may be in the side or rear yards only. Windows are encouraged in the walls of such garages to admit light and eliminate blank walls. Sufficient storage area to accommodate tools, auto accessories, trash/recyclable materials storage, and lawn and garden maintenance equipment shall be considered in sizing the garage so that an additional accessory storage structure will not be necessary. Individual bay overhead garage doors are strongly encouraged. Detached garages shall be offered as a permitted option.

(d) All apartment and townhouse dwelling units shall have private outdoor space, which may include a deck, patio and/or terrace. Such outdoor space shall be enclosed, as appropriate, by a decorative wall or fence, evergreen hedge, or combination thereof.

(e) Townhouse buildings shall consist of no more than eight townhouse dwelling units in order to prevent the development of long and monotonous buildings. There shall be different roofline heights and vertical offsets in each overall townhouse building. No more than two adjacent townhouse units shall have the same building offset, which shall vary by at least four feet.

(5) Site design.

(a) Buildings and site improvements shall be designed to minimize changes to existing topography and loss of or damage to existing mature trees.

(b) All permitted uses shall be conducted within completely enclosed buildings, unless otherwise specified herein.

(c) Nonresidential and mixed-use buildings shall be oriented to the street, which shall include, as a minimum, their front facades.

(d) The location of nonresidential and mixed-use building entrances and orientation of buildings shall minimize the walking distances from building to building. Buildings with more than one facade facing a public street, parking lot, open space area, or plaza and square shall provide front facade treatments for each such facade.

(e) Nonresidential and mixed-use buildings shall be provided with off-street loading and service areas separate from parking areas and which shall be situated as much as possible to the rear of the building to the extent practicable and out of the general traffic flow, with appropriate screening.

(f) The primary entrances to each building shall accommodate pedestrian access from both public streets and off-street parking lots.

(g) Secondary public entrances, if provided, shall be designed in a manner consistent with primary entrances if visible from public streets and/or parking lots.

(h) Eating and drinking establishments shall be permitted to operate outdoor cafes as provided in § 188-78F, as appropriate.

(i) The Planning Board or Board of Adjustment may limit hours of operation, hours when trucking and deliveries occur, and other characteristics of the nonresidential uses in order to enhance the compatibility with residential uses.

(j) Design methods to reduce energy consumption are encouraged. Energy conservation methods may include, but not be limited to, natural ventilation of structures, location or placement of structures in relation to prevailing breezes and sun angles, insulation of structures, use of landscape materials for shade and transpiration, and orientation.

(6) Transportation.

(a) The applicant shall be required to submit a detailed traffic study that addresses all forms of transportation, including bicycle and pedestrian access. An off-site contribution shall be assessed for any off-site improvements needed to maintain an acceptable level of service, with review input from the Township Engineer.

(b) Vehicular access to and from a GC District development to a public street shall be limited to the fewest necessary number of curb cuts.

(c) Culs-de-sac and gated or dead-end streets are not permitted, unless determined to be unavoidable by the Planning Board or Board of Adjustment, as appropriate.

(d) Shared driveways that serve more than one property shall be provided where appropriate. Cross-access documentation shall be required between adjoining properties.

(e) Pedestrian and/or bicycle connections to the primary public entrance of the building shall be provided.

(f) Site planning shall address the need for bicycle racks and/or lockers, i.e., location, number, and design.

(g) All portions of the development site shall be linked via a sidewalk and pathway network as approved by the Planning Board or Board of Adjustment; the site shall be pedestrian-oriented, with a design that enables and encourages pedestrian and bicycle circulation, with linkages to surrounding areas.

(h) Where a service or commercial lane or access drive is incorporated into the design, the Planning Board or Board of Adjustment may further restrict the number of curb cuts.

(i) Alleys are permitted and encouraged at appropriate locations.

(7) Amwell Road right-of-way.

(a) The right-of-way shall be at least 91 feet, as the illustrative cross section shows.[2]

[2] Editor's Note: Said illustrative cross section is on file in the Township offices.

(b) A minimum fifteen-foot sidewalk with a single row of street trees and curbing shall be provided along property frontage in the mixed-use development closest to the transit facility.

(c) On-street parking is encouraged, where appropriate.

(d) Fourteen-foot-wide curbed grass medians with left turn lanes at each major intersection shall be provided.

(8) New service road without landscaped median.

(a) The right-of-way shall be at least 70 feet, as the illustrative cross section shows.[3]

[3] Editor's Note: Said illustrative cross section is on file in the Township offices.

(b) A minimum twelve-foot-wide sidewalk area with a single row of street trees and curbing shall be provided along property frontage.

(c) An eight-foot-wide parallel on-street parking strip shall be provided.

(9) New alleys.

(a) Two-way traffic:

[1] The right-of-way shall be at least 25 feet.

[2] The minimum cartway width shall be 16 feet and curbed.

(b) One-way traffic:

[1] The right-of-way shall be at least 20 feet.

[2] The minimum cartway width shall be 12 feet and curbed.

(c) An eight-foot-wide parallel on-street parking strip shall be provided wherever a principal building adjoins that edge of the right-of-way.

(d) Curbing and an abutting four-foot-wide sidewalk shall be provided on each side of the alley that adjoins a principal building.

(10) Landscaping.

(a) A landscape plan shall be provided for the entire site and shall be prepared by a licensed landscape architect.

(b) All landscaping and tree mitigation shall comply with §§ 188-160 to 188-166.

(11) Off-street parking design.

(a) Parking areas shall be located behind or on the side of buildings and subject to appropriate screening requirements. Parking areas shall not be located between the roadway and front of any buildings.

(b) All parking areas, where visible from a public street, shall be screened by a five-foot-high solid wall, architectural fence and/or solid evergreen hedge as approved by the Planning Board or Board of Adjustment.

(c) One canopy tree shall be provided at a ratio of one tree to every four parking spaces in the parking area.

(d) Parking areas shall be designed to be interconnected with adjacent properties and shall utilize common entrances and exits where feasible to minimize access points to the street. Such interconnections shall be established through an appropriate cross-access easement.

(e) Shared parking shall be required on-site for multiple-use properties and is encouraged between properties. The appropriate board shall approve a reduced parking ratio subject to a parking utilization study prepared by the applicant.

(f) There shall be a comprehensive network of sidewalks and pedestrian passageways that connect the parking lots with the front, sides and rear of the buildings. The sidewalks and passageways shall be linked to other off-site pedestrian connections where appropriate based on proximity to existing residential areas, proposed intended use of the building, and provision of existing or planned pedestrian or bicycle improvements.

(g) Pedestrian passageways shall connect rear parking lots between buildings with textured walking surfaces, street furniture and landscaping. In addition, the design of the building may incorporate window displays, side door entrances, or other interesting features along the passageway. Lighting should be provided for all parking facilities and sidewalks.

(12) Loading, outdoor storage, and service areas.

(a) Where these areas face adjacent residential uses or public rights-of-way, architectural walls or fences, no less than six feet in height, shall be provided.

(b) No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 10 feet of any public sidewalk or 25 feet from any public right-of-way, and said 25 feet or 10 feet shall be landscaped with trees, shrubs and ground covers so as to provide a buffer area between the public right-of-way or sidewalk.

(c) Materials, colors, and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the principal building.

(d) Service functions shall be incorporated into the overall design of the building and landscaping, so that they are fully contained and out of view from adjacent properties and rights-of-way.

(e) Truck delivery and circulation routes shall be separated from customer circulation. Pullover or lay-by short-term pickup and dropoff areas may be provided as long as they do not substantially interfere with either vehicular or pedestrian traffic flow.

(f) No delivery, loading, trash removal or compaction, or other such operations, shall be permitted between the hours of 10:00 p.m. and 7:00 a.m., unless the applicant or developer submits evidence that sound barriers between all areas for such operations or use effectively reduce noise emissions to a level of 45 dB or less, as measured at the lot line of any adjoining residential property or zone district.

(13) All utilities shall be installed underground, where feasible, or relocated to a less visible location at the rear of buildings, and all uses shall be connected to approved and functioning public water and sanitary systems. Prior to approval, an applicant must obtain a certificate from the appropriate agency allocating capacity in the system to the development.

(14) Each permitted use shall provide for the orderly deposit and pickup of refuse which is concealed from adjoining properties, customer parking areas, and nearby roadways. No trash shall be allowed to extend above or beyond the enclosure. This area shall be visually screened by a decorative wall and landscaping. The overall design, including materials and colors, shall be architecturally compatible with the principal building and shall not be located within landscaped buffer areas. Also, the applicant shall provide an effective litter management plan, subject to Township review and approval. Such management plan shall be submitted with an application for final site plan approval.

(15) All provisions and facilities for storage, other than pickup of refuse and recyclable materials, shall be contained within a principal building.

J. Signs.

(1) Permanent signs.

(a) There shall be a consistent sign design theme throughout the development. A unifying design theme shall include style of lettering, method of attachment, construction, material, size, proportion, lighting, position and day/night impacts. Color of letters and background shall be carefully considered in relation to the color of materials of the building(s) or where the signs are proposed to be located. Signs shall be a subordinate rather than predominant feature of any building. The lettering and sign shall be compatible with the architecture of the building.

(b) A comprehensive signage plan shall be provided which covers overall project identification, window signage and lettering, individual building/tenant identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions. A signage hierarchy shall be established governing the above signage categories.

(c) All permanent signage (except for traffic, parking and directional instructions) shall be affixed to a building facade, canopy or arcade, be located no higher than the sills of second-story windows, and be visible to both pedestrians and drivers.

(d) The maximum sign area in the GC District for permitted nonresidential uses shall be 10% of the first floor facade of each tenant or use, but in no event greater than 20 square feet.

(e) Blinking and flashing signs are prohibited.

(f) Signs painted on the exterior walls of any building are prohibited.

(g) Neon signs and other tube-type signs, all flashing, intermittent, moving or fluttering signs, such as banners, flags or pennant signs, signs producing glare or using bare bulbs, such as fluorescent signs, and signs that obstruct pedestrian traffic are prohibited.

(h) In addition to all other signage, restaurants, cafes, luncheonettes and delicatessens may be permitted the following: one wall-mounted display sign per business, featuring the actual menu, but not to exceed three square feet in area, and one sandwich board sign not to exceed three square feet per sign face, which shall not obstruct pedestrian traffic.

(i) The area, brilliance, character, color, degree, density, intensity, location and type of illumination of any sign shall be the minimum necessary to provide for the readability of the proposed sign by the public without shedding further illumination on nearby buildings. All sources of illumination shall be shielded or directed in such a manner that the direct rays therefrom are not cast upon any property other than the lot on which such illumination is situated. Illumination shall be steady in nature, not flashing, moving or changing in brilliance, color or intensity.

(j) Special mounting standards shall be used for traffic directional, handicapped parking and other similar on-site signage.

(k) All signs shall be produced using professional methods.

(l) An effective signage and wayfinding program shall be instituted by the Township and implemented through the development approval process by developers in the GC District, as appropriate, to guide visitors to parking facilities and mass transit connections.

(2) Window lettering and signs.

(a) All window lettering and signs shall be inside the window and shall be considered interior signs.

(b) Window lettering or signs, including temporary and permanent, shall be permitted only if the rectangle or square which encloses the area around such lettering or sign does not exceed 30% of the total window area. Any painted area of any window shall be construed as window lettering or signs, whether or not such area actually contains lettering or advertising.

(c) The window lettering or sign shall pertain only to the establishment occupying that portion of the premises where the window is located.

(d) The following window lettering and signs are specifically prohibited: those having an exterior source of illumination and signs which include moving or animated images or text.

(e) All window lettering and signs shall be kept in good repair.

(3) Signs on awnings, canopies or similar structures or attachments.

(a) Awnings, including awnings with a sign(s), shall be architecturally compatible with the building to which they are attached. All awnings shall be reviewed and approved by the Planning Board or Board of Adjustment during the site plan review and approval process. Alternatively, design standards relating to awnings, with or without signage, shall be prepared by the applicant for review and approval by the Planning Board or Board of Adjustment.

(b) Awnings must be kept in good repair, clean and unfaded.

(c) Awnings must be substantially attached to the main building structure.

(d) Awning lettering and numbers as well as the style and colors must aesthetically blend with the building.

(e) Letter height shall not exceed 1/3 of the awning height and in no event shall exceed eight inches.

(f) Where applicable, awnings shall contain street numbers.

(g) Awnings shall not contain phone numbers, product advertising, or product logos.

K. Streetscape elements.

(1) Lighting.

(a) Lighting shall be the minimum required for safety and shall be provided in the least intrusive manner. Traditional freestanding light fixtures shall be required in parking lots and along streets and pedestrian pathways. By way of example, a streetlight and parking lot light fixture shall be similar to the Teardrop Model TF3 by HADCO, which is a high-quality freestanding light fixture appropriate to a town center environment.

(b) Streets, parking lots, intersections, points where various types of circulation systems merge, intersect or split, stairways, sloping or rising paths, and building entrances and exits shall require illumination. Lighting shall be provided where buildings are set back or offset if access is provided at such points.

(c) Freestanding lights shall be located and protected to avoid being easily damaged by vehicles or vandalized. The height of such lights shall in no case be greater than 12 feet. All lighting shall be serviced under ground.

(d) The source of the illumination for freestanding and building-mounted lights shall be shielded, and the style of the light and light standard shall be consistent with the architectural style of the proposed structures. Diffusers and refractors shall be installed to reduce unacceptable glare, particularly adjacent to residential areas. Luminaries shall be translucent or glare-free, using opaque glass or acrylic lenses.

(e) Spotlight fixtures attached to buildings and visible to the public are prohibited. Where lights along property lines are visible from adjacent properties, the lights shall be appropriately shielded and/or the mounting heights shall be reduced.

(f) All lights under a canopy structure shall be ceiling-mounted and recessed so the lens does not extend beyond the ceiling so as not to produce glare.

(g) Sidewalks and pathways may be lit with low bollard-type standards, not to exceed two feet in height.

(h) All proposed lighting plans shall be accompanied by a point-by-point plan indicating numerical illumination levels. The plan shall indicate the average, minimum, maximum and minimum-to-maximum illumination levels for maintained footcandles.

(2) Special effect lighting.

(a) May include string lighting in trees or up-lighting on trees.

(b) Fixtures shall be waterproof and light shall be shielded so as not to impair a pedestrian's vision or vehicular traffic.

(3) Tree grates.

(a) Shall be used wherever a tree is placed within a high traffic area.

(b) Shall allow for tree growth and be made of ductile iron; they should also be factory painted.

(c) Electrical outlets shall be provided within the grate area to allow for lighting opportunities.

(d) Shall be designed to support up-lighting.

(4) Planting pots and planters.

(a) Used in addition to landscape planting areas to complement the surrounding streetscape by adding color and variety.

(b) Can be placed anywhere pedestrian or vehicular traffic is not disturbed, but may function as a separation between pedestrians and vehicles.

(c) Large pots are preferred to fixed boxes to allow for maintenance or service access.

(d) Ideal near seating areas, but plant materials shall not interfere with circulation or comfort.

(5) Trash receptacles.

(a) Shall be located conveniently for pedestrian use and service access in significant areas and gathering places.

(b) Shall be permanently attached to deter vandalism and have sealed bottoms with sufficient tops to keep contents dry and out of pedestrian view.

(c) Restaurants with outdoor seating shall provide additional trash receptacles in appropriate locations.

(d) Should blend in with the surroundings or be specific in a complementary style or accent color.

(6) Bicycle racks.

(a) Shall be permanently mounted and placed in convenient locations throughout public spaces to encourage bicycle use.

(b) Shall be placed so as not to obstruct views or cause hazards to pedestrians or drivers.

(c) Shall exhibit a simple and easy design that allows for convenient and safe use by the public.

(7) Bollards.

(a) Shall integrate with and aesthetically complement the overall streetscape concept.

(b) Shall be set back from curbs to allow unobstructed opening of parked car doors.

(c) May be chained or cabled together to ensure pedestrian safety or define areas for public functions.

(d) Removable bollards shall be used where service vehicles need access and for street closures in the event of festivals or community events.

(8) Utility accessories.

(a) Includes utility boxes, meters, manhole covers and fire hydrants; shall be coordinated with other streetscape accessories.

(b) Shall be readily accessible and placed so as not to obstruct pedestrian movement.

(c) Shall minimize visual and physical impact as much as possible.

(d) Shall blend in with the surroundings or enhance the area.

(9) Newspaper racks.

(a) Shall be grouped together as much as possible and be placed at busier pedestrian nodes or gathering places.

(b) Shall be designed and placed appropriately to provide service to the public.

(c) Shall not obstruct views for vehicles, sidewalks for pedestrians, or signs and displays of businesses.

(10) Residential gazebos, arbors, trellises or pergolas.

(a) Maximum height of gazebos shall not exceed 12 feet above adjacent grade, excluding rooftop ornaments. Gazebos shall be constructed of wood and shall have a maximum size of 150 square feet.

(b) Gazebos shall be located no closer than five feet from a principal structure and side and rear property lines.

(c) Trellises, arbors and gate arbors are permitted in the side and rear yards.

(d) Trellises, arbors and gate arbors shall be proportionately sized for the overall area of the yard and shall not exceed eight feet in height, five feet in width and three feet in depth. They shall be constructed of wood and complement the architectural style, type and design of the fence or structure.

(e) Location of arbors, trellises and pergolas shall be located no closer than five feet to the side and rear property lines.

§ 188-113.7 Mixed-Use Inclusionary District-1.

[Added 9-12-2017 by Ord. No. 2017-07]

A. Purpose, applicability, and affordable housing obligation.

(1) The purpose of the Mixed-Use Inclusionary District is to establish a mixed-use zone that provides for affordable housing, multifamily housing, retail, office and restaurant uses at a location that provides access to employment areas through adjacency to major roadways and/or public transportation. The standards are intended to offer maximum flexibility for site design and selection of dwelling unit types in order to offer a balanced housing pattern attractive to all income and age segments of the community as part of the Township's fair share housing plan for meeting the region's low- and moderate-income housing needs.

(2) This zone applies to the following properties: Block 202, Lot 4, on the Hillsborough Township Tax Map.

(3) A minimum of 24% of the total number of residential units in the zone shall be low- and moderate-income units in accordance with applicable affordable housing regulations; but in no case shall there be less than 48 low- and moderate-income units provided in the zone regardless of the total number of units constructed.

[Amended 6-11-2024 by Ord. No. 2024-07]

B. Permitted principal uses.

(1) Multifamily dwellings.

(2) Retail sales.

(3) Office/medical offices.

[Amended 6-11-2024 by Ord. No. 2024-07]

(4) Restaurants, freestanding or attached (drive-through restaurants are prohibited).

(5) Fiduciary institutions, including drive-through banks.

(6) Mixed-use buildings with residential units on upper floors.

(7) Commercial instructional activities.

[Added 6-11-2024 by Ord. No. 2024-07]

(8) Health club/fitness center.

[Added 6-11-2024 by Ord. No. 2024-07]

(9) Personal service establishments.

[Added 6-11-2024 by Ord. No. 2024-07]

(10) Business services.

[Added 6-11-2024 by Ord. No. 2024-07]

C. Permitted accessory uses.

(1) Clubhouse for the use of residents and their guests.

(2) Garages, storage sheds, maintenance offices, leasing offices, swimming pools and other community recreational facilities (noncommercial) associated with residential communities.

(3) All other uses customarily incidental and accessory to multifamily residential communities.

D. Yard and bulk requirements.

(1) Minimum lot size: 28 acres.

(2) Minimum lot frontage: 500 feet on Route 206.

(3) Minimum front yard building setback: 40 feet from Route 206.

(4) Minimum side yard building setback: 50 feet from tract boundary.

(5) Minimum rear yard building setback: 20 feet from the tract boundary.

(6) Maximum building coverage: 20%.

(7) Maximum total impervious coverage: 45%.

(8) Maximum building height.

(a) Multifamily dwellings: 45 feet/three stories.

(b) All other principal buildings: 35 feet/2.5 stories.

(c) Accessory buildings: 20 feet.

(9) Minimum building-to-building distance requirements: 35 feet except for accessory structures/buildings.

(10) Minimum buffer to adjacent properties: 20 feet.

E. Maximum residential units and minimum/maximum commercial square footage.

[Amended 6-11-2024 by Ord. No. 2024-07]

(1) The total number of dwelling units shall not exceed 199 units. Any application for residential development shall include no less than the minimum commercial square footage required in § 188-113.7.E(2).

(2) The combined total of retail, office, restaurants and fiduciary institutions shall be no less than 4,400 square feet and no more than 4,600 square feet.

F. Parking requirements.

(1) Residential: in accordance with the R.S.I.S.

(2) Retail: 3.5 spaces/1,000 square feet of gross floor area.

(3) Office: three spaces/1,000 square feet of useable floor area.

(4) Restaurant: four spaces/1,000 square feet of useable floor area.

(5) Fiduciary/banks: three spaces/1,000 square feet of useable floor area.

(6) Shared parking among nonresidential uses is permitted in accordance with the following standards subject to approval by the Planning Board or Board of Adjustment, as appropriate.

(a) Shared parking shall be located within 500 feet of the building it serves.

(b) Any application that includes shared parking must provide a shared parking plan. Such a plan shall be included as an addendum to a site plan and shall be drawn to the same scale. The shared parking plan must include the following:

[1] A site plan showing parking spaces intended for shared parking and their proximity to the uses they will serve.

[2] A signage plan that directs drivers to the most convenient parking areas for each particular use or group of uses, if such distinctions can be made.

[3] A pedestrian circulation plan that shows connections and walkways between parking areas and buildings.

G. Supplemental regulations.

(1) Buildings and site improvements shall be designed to minimize changes to existing topography and mature vegetation.

(2) Shared driveways that serve more than one property may be provided where deemed appropriate by the Planning Board or Board of Adjustment. Cross-access shall be required between adjoining properties.

(3) A landscape plan shall be provided for the entire site and shall be prepared by a licensed landscape architect.

(4) Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. The requirements contained in §§ 188-167 to 188-175 of the Architectural and Site Design (ASD) Overlay Zone shall apply, except as otherwise provided in the MUID-1 requirements, as indicated herein. In addition, residential buildings in the MUID-1 may exceed the one-hundred-foot maximum wall length established in § 188-175B(5) of the ASDO if it can be demonstrated that the appropriate design features have been employed to modulate the facade to give the appearance of several buildings and otherwise comply with that section.

(5) Requirements for establishments with fiduciary/bank uses with drive-through facilities.

(a) A drive-through facility shall be architecturally integrated into the principal building.

(b) A drive-through facility shall not be located on the street side of the building nor in front of the front building line.

(c) A drive-through facility shall be limited to a maximum of two service lanes and a required bypass line.

(d) A drive-through facility shall not adversely impede or conflict with pedestrian and/or vehicular circulation in the area.

(e) The Planning Board or Board of Adjustment shall be satisfied that the on-site and off-tract circulation is accommodating the proposed traffic volume associated with such facility, particularly during peak hours. The stacking driveway for the drive-through window shall provide room for no more than two lanes of patrons plus a bypass lane and shall be separated from any off-street parking areas and their access aisles, loading areas or trash enclosures.

(6) Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83J, unless as otherwise noted below:

(a) There shall be consistent sign design theme throughout the development. A unifying design theme shall include style of lettering, method of attachment, construction material, size proportion, lighting, position and day/night impacts. Signs shall be a subordinate rather than a predominant feature of any building.

(b) A comprehensive signage plan shall be provided which covers overall project identification, window signage and lettering, individual building/tenant identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions. A signage hierarchy shall be established governing the above signage categories.

(c) Freestanding sign setback: minimum of 20 feet from a public right-of-way.

(7) Route 206 right-of-way. The following are specific requirements for property fronting along Route 206.

(a) The Route 206 right-of-way shall be at least 86 feet.

(b) A five-foot-wide sidewalk and ten-foot-wide planting strip between the sidewalk and right-of-way with street trees and curbing shall be provided along property frontage.

(8) Amenities required. The following on-site amenities are required, including a clubhouse, swimming pool, dog-run and a park with a playground.

[Added 6-11-2024 by Ord. No. 2024-07]

§ 188-113.8 Multifamily Inclusionary District-1 (MFID-1).

[Added 7-14-2020 by Ord. No. 2020-16]

A. Purpose, applicability, and affordable housing obligation.

(1) The purpose of the MFID-1 Zone is to establish a multifamily residential zone that provides for affordable housing including housing for the special needs population. The standards are intended to offer maximum flexibility for site design and selection of dwelling unit types in order to offer a balanced housing pattern attractive to all income and age segments of the community as part of the Township's fair share housing plan for meeting the Township's low- and moderate-income housing needs.

(2) This zone applies to Lot 227 in Block 151.09 on the Hillsborough Township Tax Map, which is to be planned and developed as a single tract.

(3) A minimum of 34 units in the zone shall be low- and moderate-income units in accordance with applicable affordable housing regulations including but not limited to Article VII of this chapter; and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income) proportionally distributed across each bedroom size. In addition to the 34 affordable units, there shall be a minimum of 27 supportive housing bedrooms meeting the definition of "alternative living arrangements" found at N.J.A.C. 5:93-1.3. These 27 supportive housing bedrooms may be located entirely within apartment units, or alternatively, up to 10 of the 27 supportive housing bedrooms may be placed in up to two stand-alone houses on two separate lots with each house counting as one unit towards the 223 total units provided for in Subsection D(2)(a) below.

B. Permitted principal uses.

(1) Multifamily dwellings.

(2) Townhomes.

(3) Supportive housing in either multifamily buildings or single-family detached homes.

C. Permitted accessory uses.

(1) Recreational or community facilities for the collective use of the residents and their guests such as but not limited to: clubhouses, swimming pools, sitting or picnic areas, playgrounds, walking, cycling or exercise trails, and other appropriate active and passive recreational facilities associated with residential communities.

(2) Management and maintenance facilities such as but not limited to: garages, storage sheds, maintenance facilities, and leasing offices that may include partial, noninhabitable model units.

(3) All other uses customarily incidental and accessory to multifamily residential communities.

D. Yard and bulk requirements.

(1) Minimum tract size: 42 acres. (See § 188-113.8K for subdivision requirements.)

(2) Maximum residential units in the zone:

(a) Total units: 223 inclusive of the affordable housing obligations in § 188-113.8A(3) above.

(b) Market units: 181.

(3) Maximum impervious coverage: 30%.

(4) Minimum principal building setback from railroad right-of-way: 100 feet.

(5) Minimum principal building setback from external tract boundary: townhomes, 50 feet; multifamily buildings, 100 feet.

(6) Minimum accessory building setback from external tract boundary: 50 feet.

(7) Minimum landscaped buffer from adjoining residential uses or zones: 25 feet. Buffers must conform to the design standards in § 188-38 of the Township Code.

(8) Minimum internal building setbacks. Setbacks for buildings shall be measured from the closest point of the building to the nearest edge of the sidewalk or curb, whichever is closer, along all internal streets.

(a) From internal streets: 20 feet.

(b) From off-street parking areas: 10 feet.

(c) Between buildings, side to side: 20 feet.

(d) Between buildings, side to rear: 30 feet.

(e) Between buildings, rear to rear: 40 feet.

(9) Maximum building height. "Building height" shall be defined as the vertical distance from the average grade at the ground level adjoining the front wall to the top of the highest gable, slope of a hip roof or otherwise the highest point on the roof.

(a) Multifamily dwellings: three stories/45 feet.

(b) Townhomes: three stories/45 feet.

(c) Club house and leasing office: 35 feet.

(d) Other accessory buildings: 20 feet.

E. Yard and bulk requirements for single-family detached special needs homes on a subdivided lot.

(1) Maximum number of lots: two lots (see § 188-113.8K of the Township Code for subdivision requirements).

(2) Minimum lot size: 12,500 square feet.

(3) Minimum front yard: 30 feet.

(4) Minimum side yard: 15 feet.

(5) Minimum rear yard: 35 feet.

(6) Minimum building setback from railroad right-of-way: 100 feet.

(7) Maximum building height: 2 1/2 stories/35 feet.

(8) Maximum impervious coverage: 43%.

(9) Minimum accessory building setback from a side or rear property line: 10 feet (accessory buildings are prohibited in the front yard).

(10) Maximum accessory building height: 15 feet.

(11) Employee parking spaces are prohibited in the front yard.

F. Parking requirements.

(1) The number and dimensions of all residential on-site parking shall be governed by the New Jersey Residential Site Improvement Standards (RSIS).

(2) The clubhouse shall require one space per 300 square feet of building area.

(3) All parking areas shall be set back at least 20 feet from a tract boundary. In addition, parking that is potentially visible from an off-site residential use shall be appropriately screened by a combination of landscaping, berms and/or fencing that is acceptable to the applicable reviewing board.

(4) The interior of parking lots shall be landscaped to provide shade and visual relief. Each row of 15 adjacent spaces shall be separated from the next space by a five-foot-wide, ten-foot-long tree peninsula, which shall contain, at a minimum, one deciduous street tree and appropriate ground cover.

G. Signs. A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83 of the Township Code unless otherwise noted below.

(1) There shall be a consistent sign design theme throughout the development. A unifying design theme shall include style of lettering, method of attachment, construction material, size proportion, lighting, position and day/night impacts.

(2) A comprehensive signage plan shall be provided with a site plan or subdivision application that covers overall project identification, individual building identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions. A signage hierarchy shall be established governing the above signage categories.

(3) One monument sign measuring no greater than 20 square feet and four feet high is permitted at each major entrance from Valley Road. The sign shall be set back at least 20 feet from the public right-of-way.

H. Open space requirements.

(1) No less than 40% of the total tract area shall be devoted to a contiguous, uninterrupted conservation and/or open space area. Required open space may include natural areas such as forests, fields, flood hazard areas, watercourses, water bodies, stream corridors, wetland areas, wetland buffer areas, and detention basins.

(2) No land disturbance, improvements, structures, or installations shall be permitted within the required open space. No trash, waste or any other materials shall be deposited or stored or allowed to be deposited or stored within the open space area. No buildings or structures of any description shall be located or erected within the open space other than the improvements and drainage facilities permitted herein.

(3) Bicycle and pedestrian trails, fencing, security lighting, and utilities servicing the development (both above and below ground), may be provided in the required open space.

(4) The regular and customary maintenance of vegetation and facilities within the open space shall be conducted by a private association including but not limited to: lawn maintenance; planting and mulching of landscape beds; tree maintenance; removal of dead or diseased trees or limbs; removal of invasive plant species; pond and stormwater facility maintenance to preserve or improve water quality; cleaning, improvement, and protection of drainage systems; site stabilization measures; and similar improvements to keep the open spaces clean and maintained. All maintenance activities located within designated wetland areas shall be subject to and comply with all NJDEP rules, regulations and restrictions

I. Green technology requirements. All applications for new development in the zone shall demonstrate to the applicable municipal board or approving authority how the development will incorporate green building practices found in the LEED (Leadership in Energy & Environmental Design) Green Building Rating System, the Enterprise Green Communities Criteria, or an equivalent rating system.

J. Supplemental regulations.

(1) Multiple permitted principal and accessory structures shall be permitted on the same lot.

(2) A comprehensive landscape plan prepared by a licensed landscape architect shall be provided for the entire site including a restoration and maintenance plan for all open space areas in accordance with § 188-113.8H(4) above.

(3) Exterior building design shall be coordinated with regard to color, types of materials, architectural form, and detailing. Multiple buildings on the same site shall be designed to create a cohesive relationship between the buildings. Unless bordering the railroad, multifamily buildings should be located on the interior of the site with townhomes forming the outside border of the site.

(4) An internal pedestrian circulation system shall be provided. Appropriate sidewalks, pavement treatments, crosswalks, and signage shall be provided. A pedestrian walkway and enhanced crosswalks shall connect the internal pedestrian system to any on-site community facilities.

(5) Fencing may be included on the perimeter of the tract, or within the tract, provided that the fencing is of an architecturally compatible design and consistent throughout the tract. Solid fences are prohibited except when used for screening purposes. No fence shall exceed a height of five feet above finished grade unless otherwise indicated herein.

(6) All trash and recycling storage areas shall be screened from the public view at the ground level using brick or masonry walls, solid wooden fences or simulated wooden (e.g., PVC) fences and perimeter landscaping on three sides with a compatible gate design on the fourth side. Masonry walls shall be textured to blend into the overall design of the project. The height of the screening walls shall be six feet. All dumpsters shall have a secure lid.

(7) If the applicant proposes to phase the development, the phasing plan shall be subject to approval with the site plan or subdivision application.

K. Subdivision requirements. A tract may be subdivided to accommodate certain documented financing arrangements in accordance with the following provisions:

(1) The tract shall not be subdivided into more than three separate lots with the exception that two additional lots may be subdivided off for the construction of two single-family detached special needs homes, which shall front on Valley Road and conform to the requirements in § 188-113.8E of the Township Code.

(2) The minimum lot size shall be 10 acres.

(3) Lot lines shall follow traditional boundaries such as roadway centerlines and curb lines.

(4) All lots shall abut and have direct access to either a public or private street.

(5) Lot lines shall not bisect or otherwise split buildings, parking spaces, parking rows, recreation facilities, or other functional structures.

(6) Permanent cross-access easements shall provide all lots with access to Valley Road, shared community and recreation facilities, parking lots, and school bus stops.

(7) All required maintenance of the tract including but not limited to landscaping, community buildings and facilities, utilities, street repairs and snow plowing, shall continue to be the responsibility of a single entity.

(8) The applicant must demonstrate how the subdivided tract would be completed in its entirety in compliance with the approved site plan.

§ 188-113.9 Royce Brook Planned Residential District.

[Added 8-11-2020 by Ord. No. 2020-17]

A. Purpose, applicability, and affordable housing obligation.

(1) The purpose of the Royce Brook Planned Residential District (RBPRD) is to permit a comprehensively designed golf course community while providing for a more flexible placement of buildings, allowing for the grouping of green spaces, preservation of critical open spaces, and providing for flexibility in architectural design.

(2) This zone applies to the following properties: Block 183, Lot 38.01 and Block 183.01, Lot 1 on the Hillsborough Township Tax Map.

(3) Residential development in the district is subject to an affordable housing fee in the amount of $120,000 per unit equal to 24% of the total number of market rate units constructed in the district. Non-residential development is subject to the New Jersey Non-Residential Development Fee (N.J.S.A 40:55D-8.1).

B. Permitted principal uses.

(1) Golf course.

(2) Restaurants and banquet facilities associated with a golf course (drive-through restaurants are prohibited).

(3) Temporary lodging facilities without cooking facilities associated with and located on a golf course.

(4) Telecommunication towers in existence at the time this section was adopted.

(5) Detached single-family dwellings located within a comprehensively planned residential tract.

C. Permitted accessory uses.

(1) Gatehouses, garages, storage sheds, maintenance facilities, and leasing offices.

(2) Recreational or community facilities for the collective use of the residents and their guests such as but not limited to: clubhouses, swimming pools, tennis or other sport courts, sitting or picnic areas, walking, cycling or exercise trails and other appropriate active and passive recreational facilities.

(3) Golf driving range, golf academy, and mini golf, when accessory to a regulation-size golf course.

(4) All other uses customarily incidental and accessory to residential communities and/or golf courses.

D. Residential tract requirements. For the purposes of this section a "tract" is defined as an area of land comprised of one or more adjacent lots which together have sufficient dimension and area to make one parcel of land meeting the requirements of this section for the uses intended. All residential structures and any other structures that generate wastewater within the tract shall be located within the sewer service area in existence at the time this ordinance was adopted. There shall be no more than one residential tract in the district.

(1) Maximum tract size: 180 acres.

(2) Minimum area reserved for recreation and open space (entire tract): 30%.

(3) Maximum number of residential units (entire tract): 174. Up to six additional units may be constructed if the existing two-acre telecommunication tower site is abandoned.

(4) Maximum building coverage (entire tract): 35%.

(5) Maximum impervious coverage (entire tract): 45%.

(6) All residential development shall be serviced by both public water and sewer facilities.

E. Yard and bulk requirements for detached single-family dwellings.

(1) Minimum lot size: 6,000 square feet.

(2) Minimum lot width at setback: 55 feet. The minimum required lot width may be reduced by up to 25% for lots fronting on cul-de-sac and curved roads.

(3) Minimum lot depth: 110 feet.

(4) Minimum yard setbacks - principal building:

(a) Front yard: 20 feet.

(b) Side yard, any: six feet. Eaves, cornices, overhangs, bay windows, porches, stairs, and chimneys are permitted to protrude into the side yard setback up to 12 inches, provided a minimum clear area of five feet is maintained between all structures on a lot and all side property lines.

(c) Rear yard: 20 feet.

(5) Minimum yard setbacks - accessory structures.

(a) Front yard: 20 feet but in no case forward of the front wall of the principal structure.

(b) Side yard, any: five feet.

(c) Rear yard: five feet.

(6) Maximum height - principal building: 2 1/2 stories/35 feet.

(7) Maximum height - accessory structures: 14 feet.

F. Yard and bulk requirements for nonresidential buildings.

(1) Golf course.

(a) Minimum lot size: 190 acres.

(b) Minimum building setback: 75 feet from a property line; 100 feet from the zone boundary.

(c) Minimum accessory structure setback: 20 feet from a property line; 100 feet from the zone boundary.

(d) Maximum building height (principal and accessory): 35 feet.

(2) Restaurants and banquet facilities associated with a golf course.

(a) Minimum lot size: two acres.

(b) Minimum yard setbacks - principal building: 50 feet from a property line.

(c) Maximum height - principal building: 2 1/2 stories/35 feet.

(d) Minimum yard setbacks - accessory structures.

[1] Front yard: same as principal building.

[2] Side and rear yards: 15 feet.

(e) Maximum height - accessory structures: 14 feet.

(3) Overnight lodging facilities associated with and located on a golf course.

(a) Overnight lodging is permitted in the form of freestanding cottages, as a component of the club house, or as some combination of the two lodging types, but not to exceed a total of 20 bedroom units.

(b) A total of five cottages are permitted on the golf course with a maximum of four bedroom units per cottage.

(c) Cottages shall have a maximum building height of 35 feet and two stories.

(d) A cottage structure shall have a minimum setback from adjacent cottage structures of 15 feet and 25 feet from all other structures.

G. Parking requirements.

(1) Residential: In accordance with the R.S.I.S.

(2) Nonresidential: In accordance with § 188-68J.

(3) Shared parking among nonresidential uses is permitted in accordance with a shared parking plan subject to approval by the appropriate Township board.

H. Open space and recreational requirements.

(1) No less than 30% of the total residential tract area (excluding existing road rights-of-way) shall be devoted to conservation, open space, and/or recreational purposes. Required open space may include golf course areas, flood hazard areas, watercourses, water bodies, stream corridors, wetland areas, wetland buffer areas, and detention basins. Individual residential lots or portions thereof shall not be included in common open space.

(2) At least 50% of the gross area of the district must be used as a golf course, open space or combination thereof.

(3) Grading, landscaping, planting, walkways, cart paths, trails, fencing, lighting, drainage structures, utilities servicing the development (both above and below ground), pump houses, irrigation facilities, ponds, basins, and other related improvements may be provided in the required open spaces.

(4) The regular and customary maintenance of vegetation and facilities within any common open space shall be conducted by a private association (unless otherwise conducted by a golf course), including but not limited to: lawn maintenance; planting and mulching of landscape beds; tree maintenance; removal of dead or diseased trees or limbs; removal of invasive plant species; pond and stormwater facility maintenance to preserve or improve water quality; cleaning, improvement, and protection of drainage systems; site stabilization measures; and similar improvements to ensure appropriate use and enjoyment by the residents and generally keep the open spaces clean and maintained.

I. Signs.

(1) A signage program shall be established as part of the development review and approval process pursuant to the requirements contained in § 188-83J.

(2) A comprehensive signage plan shall be provided with each site plan or subdivision application that establishes a hierarchy for overall project identification, individual building/tenant identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions. The sign plan shall present a consistent design theme throughout the development including but not limited to style of lettering, method of attachment, construction material, size proportion, lighting, position and day/night impacts.

J. Supplemental regulations.

(1) Gatehouse(s) are permitted at the entrance to the residential development, provided they are designed comprehensively as part of a community identification package. Gatehouse structures shall be set back a minimum of 80 feet from existing public roads and shall provide for resident access as well as visitor and emergency access, to the reasonable satisfaction of the Township.

(2) Location, design, and control of fences, lighting, public and private landscaping (including street trees), community buildings and related parking, bikeways and pathways, entrance structures, signage, and private roads, to the extent that they are proposed, shall be incorporated in the subdivision and/or site plan submitted for approval.

(3) An internal pedestrian and bicycle circulation system shall be provided with appropriate sidewalks, pavement treatments, crosswalks, and signage. Opportunities to connect to existing and proposed trail systems outside of the district shall be provided.

(4) If the applicant proposes to phase the development, the phasing plan shall be subject to approval with the site plan or subdivision application.

(5) A buffer area with a minimum width of 75 feet shall be provided wherever the boundaries of the Royce Brook Planned Residential District abut a residential zone in existence at the time of the adoption of this section. In areas where insufficient natural buffering exists, additional trees shall be planted to provide the required visual or safety barrier. Buffers shall otherwise be designed in accordance with § 188-38.