Township of Roxbury, NJ Zoning Regulations

The "Zoning Map, Township of Roxbury, Morris County, New Jersey," revised and adopted in April 2001, is hereby amended such that the following properties, which were heretofore included in the R-5 Multi-Family Residence District, shall hereafter be included in the B-1A Limited Business District:

Block 9302, Lot 1 and Block 9401, Lot 13

Block 9401, Lots 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 20 and 21.

[Ord. No. 27-02 § 1]

Block 8101, Lot 1, is rezoned from RR-5 Rural Residence District to OS Open Space District;

The portion of Block 9002, Lot 1, described in Exhibit A to the Settlement Agreement is rezoned from OR-5 Office Research District to B-3 Planned Shopping Center District; and

The remainder of Block 9002, Lot 1, excepting the area described in Exhibit A to the Settlement Agreement, is rezoned from OR-5 Office Research District and RR-5 Rural Residence District to OS Open Space District.

[Ord. No. 22-04 § 1]

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended such that the following property, which were heretofore included in the GU Government Use District, shall hereafter be included in the R-2 Residence District:

Block 1801, Lots 5, 6, 7, 8, 9, 10, 11, 12 and a portion of Lot 4 for a distance of 241 feet from Eyland Avenue.

[Ord. No. 25-04 § 1]

Block 9402, Lots 1, 2, 3, 4, 5, 6, 7 and 8.

[Ord. No. 03-05 § 1]

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended such that Block 6501, Lots 13 and 14, which were heretofore included in the PO/R Professional Office/Residence District, shall hereafter be included in the B-2 Highway Business District.

[Ord. No. 05-05 § 2]

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended such that Block 12501, Lot 28, which was heretofore included in the OS Open Space District, shall hereafter be included in the R-1 Residence District, and Block 12501, Lot 31, which was heretofore included in the R-1 Residence District, shall hereafter be included in the OS Open Space District.

[Ord. No. 09-10]

The Zoning Map, Township of Roxbury, Morris County, New Jersey revised and adopted in April 2001, is hereby amended to include the Quarry Overlay District which shall be comprised of Block 7101, Lots 23, 24, and 29.

[Ord. No. 05-12 § 2]

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended to include the Main Street Multifamily Residence District (MMFR), which shall consist of Block 3801, Lot 78.

[Added 10-9-2018 by Ord. No. 14-18]

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended to include the Affordable Housing Residence District AH-5, listed as Block 4002, Lot 5.

[Added 4-13-2021 by Ord. No. 07-21]

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended to include the Affordable Housing Residence District AH-6, listed as:

[Added 4-13-2021 by Ord. No. 08-21]

(Reserved)[2]

[2]

Editor's Note: Former Subsection B(10)(a), which listed Block 9202, Lots 1, 2, and 10, was repealed 5-24-2022 by Ord. No. 12-22. These lots were redesignated as Affordable Housing Residence District AH-11. See Subsection B(18), below.

Block 6802, Lot 9.

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended to include the Affordable Housing Residence District AH-7, listed as:

[Added 4-27-2021 by Ord. No. 09-21]

Block 9402, Lot 7.

Block 9603, Lots 3 and 4.

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended to include the Affordable Housing Residence District AH-8, listed as Block 9302, Lot 4.

[Added 4-13-2021 by Ord. No. 10-21]

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended to include the Affordable Senior Citizen Residence District AH-4, listed as Block 3602, Lots 1 and 9.

[Added 4-13-2021 by Ord. No. 11-21]

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended such that the following properties, which were heretofore included in the LI/OR, Light Industrial/Office Research District, shall hereafter be included in the I-5 Limited Industrial District in accordance with the zone boundaries shown in the "Exhibit A - Zoning Plan, Park View Business Properties, LLC," prepared by Dykstra Walker Design Group, dated October 17, 2018, revised September 10, 2021, which is attached hereto as Exhibit A:[3]

[Added 2-22-2022 by Ord. No. 01-22]

Block 9901, Lot 1 (only LI/OR portion).

Block 9902, Lot 1.

Block 9903, Lot 1 (only LI/OR portion).

Block 9904, Lots 1, 2.

Block 9905, Lot 1.

Block 9906, Lot 1.

Block 9907, Lot 1.

Block 9908, Lot 1.

Block 9909, Lot 1.

Block 9910, Lot 1.

Block 9911, Lots 1, 2, 3.

(12)

Block 9912, Lot 2.01.

(13)

Block 9913, Lots 1, 2, 3.

(14)

Block 9914, Lot 1.

(15)

Block 9915, Lot 1.

(16)

Block 9916, Lots 1, 2, 3.

Block 9917, Lot 1.

Block 9918, Lot 1.

Block 9919, Lot 2.

Block 10001, Lot 1.

Block 10002, Lots 1, 2, 3, 4.

(22)

Block 10003, Lot 1.

(23)

Block 10004, Lot 1 (only LI/OR portion).

(24)

Block 10006, Lot 1.

(25)

Block 10007, Lot 1.

(26)

Block 10008, Lots 1, 2.

(27)

Block 10009, Lot 2 (only LI/OR portion).

(28)

Block 10010, Lot 1 (westerly half of lot).

(29)

Block 10011, Lot 1 (all but southeast corner of lot).

(30)

Block 10015, Lot 1 (all but southwest corner of lot).

(31)

Block 10604, Lot 2 (only LI/OR portion).

(32)

Block 10604, Lots 3, 4.

[3]

Editor's Note: Exhibit A is on file in the Township offices.

The Township of Roxbury agrees to accept from the record owner of Block 10604, Lot 2, Block 9901, Lot 1, and on 11th Avenue 50 feet right-of-way a twenty-five-foot restrictive access easement in the form attached hereto as Exhibit B[4] to be recorded within 60 days after the expiration of any period of objection and/or appeal to the passage of this subsection.

[Added 2-22-2022 by Ord. No. 01-22]

[4]

Editor's Note: Exhibit B is on file in the Township offices.

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended such that the following properties, which were heretofore included in the LI/OR Light Industrial/Office Research District, shall hereafter be included in the B-1A Limited Business District in accordance with the zone boundaries shown in the "Exhibit A – Zoning Plan, Park View Business Properties, LLC," prepared by Dykstra Walker Design Group, dated October 17, 2018, revised September 10, 2021, which is attached hereto as Exhibit A:[5]

[Added 2-22-2022 by Ord. No. 01-22]

Block 10010, Lot 1 (easterly half of lot).

Block 10010, Lot 2.

Block 10011, Lot 1 (southeast corner of lot).

Block 10014, Lots 4, 5, 6, 7, 8, 9.

Block 10015, Lot 1 (southwest corner of lot).

Block 10018, Lots 1, 2.

[5]

Editor's Note: Exhibit A is on file in the Township offices.

16.

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended to include the Affordable Housing Residence District AH-9, listed as Block 8901, Lot 5.

[Added 5-24-2022 by Ord. No. 10-22]

17.

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended to include the Affordable Housing Residence District AH-10, listed as Block 9301, Lots 1 and 2.

[Added 5-24-2022 by Ord. No. 11-22]

18.

The Zoning Map, Township of Roxbury, Morris County, New Jersey, revised and adopted in April 2001, is hereby amended to include the Affordable Housing Residence District AH-11, listed as Block 9202, Lots 1, 2 and 10.

[Added 5-24-2022 by Ord. No. 12-22]

Editor's Note: Zoning Map amendments for the AH-3A Affordable Housing Residence District may be found in Section 13-7.18A02. Zoning Map amendments for the AH-2B Townhouse/Manor Home Zone may be found in Section 13-7.18B02.

§ 13-7.6 ZONE BOUNDARIES.

The zone district boundary lines are intended generally to follow street center lines, existing lot lines, center lines of railroad rights-of-way, and the like, as indicated on the zone map. Where a zone district boundary line does not coincide with any such line as above set forth, its location shall be as shown on the zone map by means of dimensions from a street right-of-way line or other boundary line. Where a zone boundary divides a lot and the location is not indicated by dimensions, then such zone boundary shall be determined by the use of the scale appearing thereon. In cases of uncertainty or disagreement as to the true location of any zone district boundary line, the determination thereof shall lie with the Zoning Board of Adjustment.

§ 13-7.7 NONCONFORMING USES AND BUILDINGS.

Any nonconforming use which lawfully existed at the time of the passage of this Ordinance may be continued.

A nonconforming structure shall not be enlarged unless the structure is changed to a conforming structure, provided, however, that where a building meets the use requirements of this Ordinance and is nonconforming because of height or area or yard regulations, said structure may be enlarged providing the height, area and yard regulations are not further violated.

Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever except by authority of the Board of Adjustment.

§ 13-7.701 Change in Nonconforming Use.

A nonconforming use in existence at the time of the passage of this Ordinance shall not be permitted to be changed to any use other than a conforming use.

§ 13-7.702 Cessation of Operation.

Where there is a cessation of operation with the intention of abandonment of any nonconforming use, the same shall constitute an abandonment of such nonconforming use. The Board of Adjustment shall determine whether the cessation of a nonconforming use manifests an intention to abandon such use, with the burden of proof on the property owner to demonstrate why such an intention should not be inferred from the lapse of use. Any subsequent exercise of an abandoned nonconforming use shall be deemed a violation of the terms of this Ordinance.

§ 13-7.703 Completion of Existing Buildings.

Nothing in this Ordinance shall require any change in plans, construction or designated use of a structure for which a building permit has been heretofore issued provided construction has been initiated within one (1) year of the date of such permit, provided that such construction is not discontinued for a period of six (6) months or more after startup.

§ 13-7.704 Restoration of Existing Buildings.

[Ord. No. 17-09 § 1]

Nothing in this Ordinance shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any nonconforming building that is partially destroyed in the manner aforesaid may be reconstructed provided the deviations from zoning requirements associated with the building's nonconformities are not increased.

Any building that is nonconforming because of height, area or yard requirements that is totally destroyed may be rebuilt only if the height, area or yard requirements of this Ordinance are met. In determining whether the building has been totally destroyed for purposes of this paragraph, no part of the footings or foundation walls shall be considered.

Any building that is nonconforming because of use that is totally destroyed in the manner aforesaid may be rebuilt only as a conforming use.

Determination of Partial Destruction.

Where any nonconforming building or structure, or building that is nonconforming because of use, has been destroyed or damaged by fire, explosion, act of God, or of any public enemy or the like, to the extent of fifty (50%) or more of the fair market value of the whole building or structure at the time of the destruction, it shall be presumed to be totally destroyed, and any building, structure or use thereon shall thereafter conform to all the requirements, terms and conditions of this Ordinance.

Where more than fifty (50%) percent of the fair market value of the whole building or structure remains after such damage or destruction, it shall be presumed to be partially destroyed, and any such building or structures may be repaired or restored to the same nonconforming use and/or to bulk nonconformities to the same extent as existed before such damage or destruction.

Where a nonconforming use is partially destroyed as mentioned above, application must be made for a building permit to rebuild the nonconforming use within twelve (12) months from the time of destruction. Nothing in this Ordinance shall authorize the restoration of any condition declared unsafe or unhealthy by any governmental authority of competent jurisdiction.

The determination of the extent of damage or destruction of a non-conforming building or structure pursuant to paragraphs 1-3 above, shall be made jointly by the Construction Official and the Zoning Officer.

§ 13-7.705 Nonconforming Due to Reclassification.

The foregoing provisions of this article shall also apply to building structures, land or uses which hereafter become nonconforming due to any reclassifications of zone districts under this Ordinance, or any subsequent change in the regulations of this Ordinance.

§ 13-7.706 Unlawful Use Not Authorized.

Nothing in this Ordinance shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this Ordinance.

§ 13-7.8 GENERAL PROVISIONS FOR ALL ZONES.

§ 13-7.801 Nature and Extent of Uses of Land.

The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the uses of land.

§ 13-7.802 Zoning Impact.

No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.

§ 13-7.803 Subdivision of Lots.

When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this Ordinance.

§ 13-7.804 Yards.

Every lot must provide front, rear and side yards as required by its zone district.

§ 13-7.805 Required Area and Space.

[Ord. No. 21-10]

Except as provided in Section 13-7.807, no lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this Ordinance. If already less than the minimum required under this Ordinance, said area or dimension shall not be further reduced, provided, however, that in the case of lots upon which an existing principal residential structure is located within a required side yard setback, the side yard setback may be reduced by ten (10%) percent of the requirement of the zone.

§ 13-7.806 Frontage on Street.

Every principal building shall be built upon a lot with frontage upon a street or streets as defined in N.J.S.A. 40:55D-7, which shall be improved to meet the Township's standards.

§ 13-7.807 Existing Platted Lots.

Any lot or plat legally established and existing at the time of passage of this Ordinance may be used for any use permitted in such district in which it lies, provided all of the following requirements are complied with:

Said lot is in single ownership as defined in this Ordinance at the time of adoption of this Ordinance.

All yard requirements are complied with.

In the event that a lot which fails to comply with the bulk requirements of this article is contiguous and in single ownership with another lot, such lots shall be deemed merged and construed to be one lot.

§ 13-7.808 Conversion of Existing Structures.

The conversion of existing structures to a use permitted in the zone in which said structures are located will be regulated the same as a new structure constructed in said zone district.

§ 13-7.809 Incongruous Buildings and Structures.

[Ord. No. 17-09 § 2]

No building or structure shall be constructed which, in the judgment of the Administrative Officer or the approving Board, is so markedly out of character with nearby properties in scale and/or configuration as to materially diminish the value of nearby properties.

§ 13-7.810 Principal Structure.

[Ord. No. 17-09 § 3]

No use shall be permitted on any lot on which no principal building or structure has either been constructed or proposed. A trailer does not constitute a principal building or structure.

No more than one (1) principal use or building may be erected on a lot except for an integrated complex of functionally related, compatible buildings serving one (1) comprehensive operation under the control of one (1) management entity, which shall be responsible for maintenance of all common facilities, and limited to the following:

Hotel or motel developments.

Public or institutional building complexes.

Shopping center developments.

Industrial or manufacturing building complexes.

Office building complexes.

Planned developments.

Unless otherwise regulated in this Ordinance, a principal building as permitted shall be at least thirty (30) feet from another principal building situated on the same lot and no principal building shall be located closer to the front, rear or side lot line than the minimum distance required by its zone district.

§ 13-7.810.1 Accessory Buildings.

No accessory building shall be built on any lot which lacks a principal building or structure.

No accessory building shall be permitted in a front yard.

§ 13-7.811 Height Exceptions.

At the discretion of the Board, the height of house of worship steeples may exceed the zone limitation but in no case exceed a fifty-five (55) foot height.

Except for single and two (2) family dwellings as permitted in this Ordinance, roof structures for the housing of stairways, tanks, ventilating fans, air condition equipment or similar equipment required to operate and maintain the building may be erected above the height limits prescribed by this Ordinance but in no case cover more than ten (10%) percent of the roof area nor exceed the maximum height permitted in the district by more than five (5) feet and shall be shielded by a parapet wall or other architectural relief.

§ 13-7.812 Communication Antennas.

Radio antennas, television antennas and satellite dish antennas shall be permitted as an accessory structure provided it does not exceed ten (10) feet in height above the highest portion of the building and is located within the rear yard or on the rear roof pitch of a building. No structure shall be permitted in the front yard unless the applicant establishes that reception of signals is otherwise impossible. Such structures shall comply with the principal building setbacks unless the applicant establishes that reception of signals is otherwise impossible.

§ 13-7.813 Dangerous Conditions.

No building permit shall be granted for a building or use if the design or construction of the same involves or is likely to involve exceptional risk of public safety or hazard.

§ 13-7.814 Nuisances.

No store, shop or office within any district shall use any noise-making instruments such as phonographs, loud speakers, amplifiers, radios, television sets or similar devices which are so situated as to be heard outside any building in the district. No use shall be permitted which does not comply with the standards established pursuant to Chapter XXI, Noise Control, and Chapter III, Section 3-4, Excessive Noise, of the Township's General Ordinances.

§ 13-7.815 Prohibited Uses.

[Ord. No. 17-09 § 5; Ord. No. 05-12 § 3]

All uses not specifically permitted in each zone district are prohibited. In addition, note the following specific prohibitions:

Quarrying and mining operations are specifically prohibited in all zoning districts, except that quarrying shall be permitted in the Q-O Quarry Overlay District.

Any sale or the display for sale of new or used motor vehicles, trailer coaches, or recreational vehicles, except, (1) on the premises in a residential zone where the owner of the vehicles resides in accordance with the provisions of Section 13-7.901F, or (2) by an authorized motor vehicle dealership in accordance with the provisions of Section 13-7.3505, is prohibited in all zones.

Off-track wagering facilities or gambling casinos are specifically prohibited in all zoning districts.

Establishments that provide performances or entertainment with lewd, indecent, obscene, or pornographic content are specifically prohibited in all zoning districts.

Massage parlors, except those operated by a licensed massage therapist, are specifically prohibited in all zoning districts.

Cannabis Establishments and Uses Prohibited. The operation of all classes of cannabis establishments as defined by P.L.2021, c. 16, including, but not limited to, cannabis retailers, cultivators, manufactures, distributors, wholesalers, testing facilities, delivery services, medical cannabis dispensaries, alternative cannabis treatment centers, including such operators holding a medical cannabis dispensary permit pursuant to P.L.2009, c.307 (N.J.S.A. 24:6I-7), are expressly prohibited uses within the jurisdictional boundaries of the Township of Roxbury.

[Added 6-15-2021 by Ord. No. 18-21]

§ 13-7.815A Setbacks from Public Wells.

[Ord. No. 17-09 § 5]

The following uses shall maintain a setback of at least five hundred (500) feet from any active public well. A public well is a well serving any system for the provision to the public of piped water for human consumption, if such system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year.

Machine shops, commercial photo processing and printing establishments, dry cleaners, furniture refinishing, lumber yards.

Automotive/vehicular sales, service, repair or gasoline distribution.

Manufacturing, processing or fabrication uses including, but not limited to the following: aluminum manufacturing or processing, building material production, chemical manufacturing, chemical warehousing and distribution, petroleum products production and storage, bulk distribution of petroleum products, photo processing laboratories, printing establishment, metal fabrication, secondary metals refining, solvent recycling, electrical and electronic products manufacturing, electroplating operations, foundries, and paint manufacturing.

Trucking companies which have on-site fuel storage or vehicle repair.

Facilities that generate, store or dispose of hazardous waste other than household hazardous waste, or which generate, utilize or store hazardous substances in amounts that would, if released or spilled, be reportable to State or Federal environmental agencies.

Junkyards, open dumps, landfills, incinerators, other solid waste facilities, hazardous waste facilities, radioactive waste storage, burial of construction debris or junk.

Trailer camps or storage or parking of trailers.

The commercial care, boarding, treatment or breeding of domestic animals.

Outdoor storage or storage yards for building materials or equipment or building debris.

Storage of crude oil or any of its volatile products or other flammable products.

Bulk storage of sodium and calcium chloride road salts.

Underground or aboveground fuel storage tanks.

§ 13-7.816 Outdoor Bulk Storage.

Outdoor storage is defined as the stockpiling or warehousing of vehicles, merchandise, materials and machinery outside the enclosed confines of a building, including but not limited to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete, insulation, construction equipment and construction vehicles.

In zoning districts where outdoor storage is permitted as an accessory use, the following minimum requirements shall apply:

Outdoor storage is prohibited within the front, side and rear yard setbacks. Outdoor storage may be located only within the envelope wherein a principal building could be constructed, and the perimeter of the storage area must maintain the same front, side and rear yard setbacks as specified for a principal building in the applicable zone district. Outdoor storage must be located to the rear of the principal building to which it is accessory. The approving Board may grant variance relief with respect to this provision where it determines there will be no adverse visual impact.

Unless paragraph A. hereof requires greater setbacks, outdoor storage shall be set back a minimum of twenty-five (25) feet from rear and side property lines. A barrier such as curbing, fencing, wooden guide rail, or heavy landscaping shall be erected along the storage setback line to prevent encroachment by storage material.

Outdoor bulk storage shall not exceed a height of fourteen (14) feet.

Outdoor storage shall be allowed only in conjunction with the principal use conducted on the property.

The area utilized for outdoor storage shall be considered impervious surface and shall not exceed the maximum impervious surface coverage requirements established for the zone. The lot area utilized for outdoor storage shall be limited to the maximum percentage specified for each zoning district where such storage is permitted as an accessory use.

All outdoor storage shall be screened from adjoining properties and streets by means of fencing and landscaping as required by the approving Board.

Outdoor storage, except for those items customarily used in conjunction with and incidental to a residential use, is prohibited in all residential zones. This provision shall not apply to the outdoor storage of farm machinery and the products of commercial agriculture for a farm located in any residential zone.

Outdoor storage of nursery stock, accessory to a garden center, which cannot ordinarily be accommodated indoors is permitted within the front yard setback subject to the following:

Site plan review and approval by the Planning Board.

Nursery stock located no closer than twenty-five (25) feet to the street right-of-way and property lines.

Nursery stock shall occupy no more than fifty (50%) percent of the front yard area.

Nursery stock consists exclusively of plant material.

§ 13-7.817 Outdoor Display of Merchandise.

In zoning districts where the outdoor display of merchandise is permitted as an accessory use, the following minimum requirements shall apply:

The displayed merchandise must be directly related to the principal use conducted on the property.

The displayed merchandise is located no closer than fifteen (15) feet to any property line and twenty-five (25) feet to any street right-of-way and residential district.

The area devoted to such display shall be no greater than two hundred (200) square feet.

The said display area is separate and apart from any required sidewalk, off-street parking or loading area or any public sidewalk, street or right-of-way and in no way obstructs any required emergency lanes. Sidewalks shall not be obstructed in effective width below the standards established in this Ordinance. Setbacks shall be maintained to separate sidewalks and parking areas from display areas as if the display area were a building.

The said area is utilized for display only during normal store hours, not to exceed twelve (12) hours per day, and is not otherwise used as a storage area.

§ 13-7.818 Regulations for Development within Steep Slope Areas.

Purpose and Findings of Fact.

The purpose of this section is to provide for reasonable control of development within the steep slope and ridgeline areas of the Township in order to minimize the adverse impact caused by the development of such areas, including, but not limited to, erosion, siltation, flooding, surface water runoff, pollution of potable water supplies, and destruction of unique natural land forms and scenic vistas.

Applicability.

Applicants for site plan, major subdivision or minor subdivision approval involving the disturbance of steep slopes shall submit a steep slope disturbance application containing all information required under this section to the appropriate Board. Any application for steep slope disturbance which requires a variance pursuant to Section 13-7.818H shall require the submission of a site plan application to the Planning Board. The Board shall not approve an application for steep slope disturbance unless the approval requirements of this section are met.

Applicants for construction permits not involved with a site plan, major subdivision or minor subdivision application but involving the disturbance of steep slopes shall submit a steep slope disturbance application to the Township Engineer, or other official designated by the Township Council, in order to insure that the proposed development of the lot will respect the natural features of the tract and minimize adverse impacts associated with such clearing and/or construction. The application shall not be approved unless the approval requirements of this section are met.

Steep Slope Disturbance Application Procedures.

Applicants seeking a permit for the disturbance of steep slopes shall submit information regarding steep slope conditions required as per Section 13-7.818F to the appropriate authority as part of the required submissions. A permit for the disturbance of steep slopes shall not be approved unless the requirements of Section 13-7.818G below have been met.

In connection with any approval of steep slope disturbance hereunder, the approving Board may require that the applicant convey to the Township a conservation easement prohibiting further disturbance of steep slopes of fifteen (15%) percent or greater and ridgelines.

Affordable Housing. Applications involving disturbance of steep slopes in amounts greater than the maximum limits set forth in paragraph G. shall identify the potential impact of such limits on the construction of on-site low and moderate income housing units, as defined and accepted by the Council on Affordable Housing and credited towards the Township's Mount Laurel obligations. With respect to any application which identifies a potential negative impact on such on-site low and moderate income housing, the approving Board shall notify the Governing Body and request confirmation of the current need for such housing to satisfy the Township's Mount Laurel obligation.

[Ord. No. 25-02 § 1]

Steep Slope Identification. All applications involving construction, grading or clearing of any lot shall be evaluated by the applicant to determine the presence of steep slopes as defined in the following categories:

15-19.99%

20-24.99%

25%+

For the purposes of this section, ridgelines shall be included in the category of 25%+ steep slopes. Ridgelines are natural elevated topographical features containing slopes of less than 25% and located at an elevation of eight hundred (800) feet or greater above mean sea level at the top of a hill, mountain, plateau or promontory, where the land surrounding such an elevated topographical feature includes 25%+ steep slopes. Each category shall be separately identified on a plan showing existing and proposed topographic information.

Steep Slope Disturbance Application Contents. Where an application involving the construction, grading or clearing of any lot is being made in conjunction with this chapter, the following shall be required:

A legibly drawn plan at a scale as per site plan or subdivision requirements and in no case smaller than one inch equals fifty feet (1"=50') and no larger than one inch equals ten feet (1"=10') shall be submitted by a New Jersey licensed engineer, land surveyor or architect which provides sufficient on-site detail to evaluate the proposed development.

The plan shall contain, at a minimum, the following items:

Existing and proposed topographic information using two foot (2') contour intervals for all steep slopes and ridgelines as defined and categorized above.

Existing and proposed drainage patterns within one hundred (100) feet of the area of disturbance.

Location of proposed structures, driveways and other impervious surface.

Details concerning architectural design and how the proposed construction will relate to, complement and minimize adverse impacts upon the existing natural features of the lot.

Location of existing and/or proposed well and septic systems.

Soil types contained on the lot with specific reference to highly erodible soils as defined by the United States Department of Agriculture Soil Conservation Service.

Calculations of: (1) the area of proposed steep slope and ridgeline disturbance for each of the three slope categories specified in Section 13-7.818E, (2) the total area within each of the three slope categories, and (3) the percentage of the total area constituted by the proposed disturbed area for each of the three slope categories.

(h)

Identification of the limits of proposed areas of conservation easements required pursuant to Section 13-7.818C2.

Permitted Limit of Disturbance.

To the greatest extent possible, grading, the siting of any structure or the platting of any parcel for subdivision shall avoid disturbance of slopes fifteen (15%) percent or greater and ridgelines.

Limited disturbance of steep slope areas within a subject property are permitted only under the following conditions:

Steep Slope Category	Maximum Disturbance
15-19.99%	35%
20-24.99%	15%
25%+ & ridgelines	3%

Variance Required. Disturbance of steep slope areas in amounts greater than indicated in paragraph G. Permitted Limit of Disturbance, shall require a variance from the approving Board. As a condition for the granting of any such variance, the Board may require the dedication to the Township of conservation easements covering some or all of the undisturbed areas of the site, regardless of whether such areas contain steep slopes. In considering a variance request with respect to steep slope disturbance, the Board will give appropriate weight to the public benefits associated with developments which include on-site low and moderate income housing units as defined and accepted by the Council on Affordable Housing and credited towards the Township's Mount Laurel obligations. In considering such variance relief, the Board will also take into account the extent to which strict compliance with the requirements of paragraph G. would generate unreasonable costs and/or render the construction of on-site affordable housing infeasible.

[Ord. No. 25-02 § 1]

Minor Steep Slope Areas. The applicable Board or the Township Engineer may choose to exempt small isolated pockets of steep slope areas that do not represent the character of the area and are under two thousand (2,000) square feet in size where such action would be in the interest of good planning, not seriously impair the purposes of this chapter and would otherwise result in practical difficulties to the applicant. Where, however, the applicable Board or the Township Engineer finds such pockets to represent the character of the area and are of such size, configuration and location so as to constitute a substantial contiguous area, the reviewing authority may consider them significant and subject to regulation under this chapter. In such a case, they would be included in the calculation of steep slope area.

Time for Approval.

Where an application for a steep slope disturbance permit is submitted as part of an application for major subdivision, minor subdivision or site plan approval, the time of approval shall be governed by the timing requirements applicable to major subdivisions, minor subdivisions or site plans.

Where an application for a steep slope disturbance permit is not submitted in connection with a major subdivision, minor subdivision or site plan application, the applicable Board or the Township Engineer shall act on the application within forty-five (45) days from the date of submission of a completed application or within such additional time as consented to by the applicant.

Failure of the applicable Board or the Township Engineer to act within the prescribed time, or any extension thereof, shall be deemed to be an approval of the application.

§ 13-7.819 Stream, Lake and Pond Buffers.

Notwithstanding any other provision of the Zoning Ordinance of the Township of Roxbury, no disturbance including grading and the erection, construction or expansion of any building or structure shall be permitted within fifty (50) feet from the bank of any stream or from the edge of any pond or lake in the Township of Roxbury or within such greater distance as subsequent studies may demonstrate as being reasonably necessary. A conservation easement shall be required at a minimum width of fifty (50) feet along the bank of any stream or from the edge of any pond or lake in the Township of Roxbury. Nothing herein contained, however, shall be construed to prohibit development in accordance with Section 13-7.821 or the construction of drainage pipe, headwalls, culverts and maintenance of dams or other structures for the impoundment or retention of water in any such streams, pond, lake, dug pond or reservoir provided that all applicable requirements and approvals of any public authority having jurisdiction over such matters are met and obtained.

§ 13-7.820 Public Parks, Playgrounds and Conservation Areas.

Public parks, playgrounds and conservation areas are permitted in all zone districts.

§ 13-7.820.1 Nonconforming Residential Shed Accessory Use.

Existing nonconforming residential uses located in a nonresidential district may add, as a permitted accessory use, a private residential tool shed not to exceed the dimensions ten (10) feet by ten (10) feet with maximum height of twelve (12) feet. Such sheds shall not be located within the front yard setback and shall maintain a side and rear yard setback of at least ten (10) feet.

§ 13-7.821 Provisions for Regulation of Piers, Boathouses and Marinas.

Purpose. The purpose of these provisions is to provide for the reasonable control over the development of piers, boathouses and marinas so that the interest of individual waterfront property owners are balanced with the interests of the State, the community and the general public and to insure reasonably safe and unobstructed movement of water traffic as well as the most appropriate utilization of water resources and to secure safety and promote health, morals and the general welfare of the Township.

Definitions. For the purpose of this Section, certain terms are herewith defined and shall be construed as follows:

BOATHOUSE

shall mean any enclosed structure over the waters of Lake Hopatcong used for the sole purpose of storing and mooring boats and boating equipment.

BULKHEAD LINE

shall mean the highwater mark of 1.30 feet above the dam spillway (elevation 924.00) as recorded at Lake Hopatcong State Park or the line established by the Bureau of Navigation, State Department of Environmental Protection, defining the Lake's permanent shoreline.

CATWALK

shall mean any structure extending transversely from the main walk.

DOCKS

shall mean any structure extending lakeward of the bulkhead line for the purpose of mooring boats or for gaining access to moored boats.

MAIN WALK

shall mean any structure extending into the Lake from the shoreline, which is used for access to moored boats.

MARINA

shall mean any public, semi-public or private facility capable of berthing or mooring five (5) or more boats.

PIER

shall mean a structure to moor boats to a dock or to which a deck or dock or other structure may be affixed.

PIERHEAD LINE

shall mean a line running parallel with the bulkhead line and extending not more than fifty (50) feet from said bulkhead line as approved by the National Resources Council and Bureau of Navigation, State Department of Environmental Protection, beyond which no dock, pier or marina or other structure, permanent or temporary, floating or affixed to shore of lake bottom, may be located.

WATERFRONT LOT

shall mean any lot adjoining a waterway.

General Requirements Applicable to All Piers, Boathouses and Marinas:

No dock, pier, boathouse or marina shall be constructed, enlarged or extended unless and until the owner secures from the Construction Official, a building permit as provided under the Uniform Construction Code. Normal maintenance and repair shall not require a building permit. No building permit for the construction, enlargement or extension of dock, pier, boathouse or marina shall be issued until the owner first obtains a favorable review of all site and construction plans from the following agencies: New Jersey State Department of Environmental Protection (Stream Encroachment Division), and Army Corps of Engineers.

Prior to the issuance of a building permit for a marina, the Planning Board shall review and approve a site plan showing, among other things, water and land traffic circulation, parking, moorings, landscaping, signs and such other data as may be required to permit a competent and thorough review. Compliance with Planning Board conditions of approval shall be made a condition for the issuance of a Certificate of Occupancy.

Permit applications shall be referred to the appropriate State and Federal Agencies for review and approval.

No pier, dock or marina shall extend into any waterway beyond the pierhead line or more than fifteen (15%) percent of the width of the waterway measured on a line perpendicular to the closest opposite shore, whichever is less. In no event shall any pier, dock or marina extend into any dredged channel or waterway.

For the purpose of determining the exterior limits of piers, docks and main walks, any structure (including pilings driven independently of another structure) used for the mooring of boats shall be considered to be a part of the pier itself.

The top of any pier, dock or catwalk shall not be less than fourteen (14) inches from the high water elevation.

It shall be the responsibility of the owner of a pier, boathouse or marina to maintain said facility in good condition, free of litter or refuse. If said facility is in danger of becoming a hazard to residents, visitors, swimmers or boats, or could adversely affect navigation by reason of structural members extending or floating into waterways, then the Building Inspector shall notify and require the owner to undertake repairs.

Nothing in this Section shall be construed to waive the jurisdiction or remedies of the Zoning Board of Adjustment, where applicable; and additionally, any pier, dock, boathouse or marina proposed to be extended beyond the pierhead line or beyond fifteen (15%) percent of the width of the waterway shall also be approved by the State Department of Environmental Protection.

Development Controls for Private Piers and Docks. No piers or docks shall be constructed, enlarged or extended and no building permit shall be issued therefor except in compliance with the following requirements:

Private piers and docks shall be permitted in all zones where lots have water frontage.

No dock or pier shall be located within ten feet of a side property line.

The length of a pier shall not exceed the width of the lot at the mean waterline but in no event shall a pier extend beyond the pierhead line.

No combination of docks and boathouses shall occupy more than fifteen (15%) percent of the water lot area within the pierhead line.

No dock, main walk or pier shall have a width of less than four (4) feet, exclusive of pilings or other structural members.

There shall be not more than one dock, pier or main walk for each lot or for each one hundred (100) feet of frontage.

The distance between piers shall be a minimum of twenty-one (21) feet.

No dock, pier or main walk shall provide permanent mooring facilities for more than four (4) boats.

In cases where docks or piers are covered, the requirements shall be the same as those required for boathouses.

Development Controls for Boathouses. No boathouse shall be constructed, enlarged or extended and no building permit shall be issued therefor except in compliance with the following requirements:

Boathouses shall be permitted in all zones where lots have water frontage.

No boathouse shall be located within fourteen (14) feet of a side property line.

No boathouse shall be closer than twenty-eight (28) feet from a neighboring pier or boathouse.

Any combination of piers, docks, main walks and boathouses shall not occupy more than fifteen (15%) percent of the water lot area within the pierhead line. In no case shall a boathouse exceed ten (10%) percent of the water lot area within the pierhead line.

There shall not be more than one (1) boathouse for each lot.

Boathouses shall be located over the water and shall abut the lake shoreline.

Ingress and egress for boats shall be perpendicular to the shoreline.

There shall be no living or sleeping accommodations nor cooking or toilet facilities provided in any boathouse.

No boathouse shall exceed twelve (12) feet in height.

Development Controls for Marinas. No marina shall be constructed, enlarged or extended and no building permit shall be issued therefor except in compliance with the following requirements:

Marinas shall only be permitted in the B-1 Zone.

No docks, pier or main walk (as part of a marina) shall be located within sixteen (16) feet of a side property line, nor shall a pier within a marina be located closer than thirty (30) feet from a private pier.

No marina shall occupy more than twenty-five (25%) percent of the water lot area within the pierhead line.

No main walks shall be less than eight (8) feet in width and no catwalks shall be less than two (2) feet in width.

More than one (1) main walk or pier is permitted providing:

The channel to open water shall not be less than four times the width of the widest boat moored in the marina.

The clearance in berthing and maneuvering areas within the marina shall not be less than twice the length of the longest boat moored in the marina.

In cases where piers are covered, the maximum height shall not exceed sixteen (16) feet above the high water mark.

The following technical details shall apply to all waterfront development.

The maximum width of private docks shall be no more than five (5) feet except upon authorization of the Planning Board under site plan approval where it can be demonstrated that additional width is required to assure structural stability. In any event, the overall width shall not exceed ten (10) feet.

The maximum width of catwalks shall be no more than four (4) feet.

No solid structures shall be permitted which lowers or adversely affects the capacity of the Lake or water flow except by permission of the Department of Environmental Protection.

Crib structures may be allowed providing their length does not exceed the width of the dock or pier.

Crib structures shall not exceed one-half of the span between adjacent piling bents.

Design of any structure must provide for free flow of water.

§ 13-7.822 Disposal of Debris and Waste.

The disposal of construction debris and vegetative waste material upon or under the surface of property within Roxbury Township is prohibited.

§ 13-7.823 Development Controls within Flood Hazard Areas.

Flood Losses Resulting from Periodic Inundation. Within the Township of Roxbury, there exist certain flood hazard areas subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

Definitions for Development Controls with Flood Hazard Area Only.

BASEMENT

shall mean any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL

shall mean a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

CHANNEL

shall mean a natural depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically.

DEVELOPMENT

shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operation.

ELEVATED BUILDING

shall mean a non-basement building

built in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts or piers), or shear walls parallel to the flow of the water and

adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

FLOOD HAZARD AREA

shall mean the floodway and any additional portions of the flood plain which the improper development and general use of would constitute a threat to the safety, health and general welfare. This constitutes the total area inundated by the 100-year design flood.

FLOOD PLAIN

shall mean an area, usually a relatively flat or lowland area adjoining a river, stream or watercourse, which has been in the past or can reasonably be expected in the future to be covered temporarily by flood.

FLOODPROOFING

shall mean any combination of structural and nonstructural additions, changes or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water and sanitary facilities, structures and contents of buildings.

FLOODWAY

shall mean the channel of a natural stream and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or 100-year flood flow of any natural stream, without increasing the water surface elevation more than two-tenths (.2) of a foot.

FLOOD FRINGE

shall mean that portion of the flood hazard area outside of the floodway, but inside the 100-year flood plain.

LOWEST FLOOR

shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements.

OBSTRUCTION

shall mean any dam, wall, wharf, embankment, levee, dike, pile, abutment, projections, excavation, channel, rectification, bridge, conduit, culvert, building, weir, fence, rock, gravel, refuse, fill, structure or matter, in, along, across or projecting into any natural stream or flood plain which may impair, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

100-YEAR FLOOD

shall mean a flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average once every 100 years; the term also means that level of flooding having a one percent probability of occurrence in any year.

START OF CONSTRUCTION

includes substantial improvement and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include the excavation for basements, footings, or piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory building, such as garages or sheds not occupied as dwelling units or not part of the main structure.

SUBSTANTIAL IMPROVEMENT

shall mean any repair, reconstruction, or improvement of a property, the cost of which equals or exceeds fifty (50%) percent of the fair market value of the property either

before the improvement is started; or

if the property has been damaged and is being restored, before the damage occurred.

WATER SURFACE ELEVATION DATA

Substantial improvement is started when the first alteration of any wall, ceiling, floor or other structural part of the building commences.

shall mean the elevations in relation to mean sea level expected to be reached by floods of various magnitudes and frequencies at pertinent points along a stream or in the flood plains of coastal areas.

General Causes of Flood Losses. Such flood losses are caused by:

The cumulative effect of obstructions in floodways causing increases in flood heights and velocities.

The occupancy of flood hazard areas by uses vulnerable to floods or hazards to others which are inadequately elevated or otherwise protected from flood damages.

Methods Used to Analyze Flood Hazards. This Section uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps.

Selection of a regulated flood which is based upon engineering calculations which permits a consideration of such flood factors as its expected frequency of occurrence, the area of inundation and the depth of inundation. The regulated flood selected for this Section is representative of large floods known to have occurred in this region and are reasonably characteristic of what can be expected to occur on the particular streams subject to this Section. It is the general order of floods which could be expected to occur on the average once every 100 years.

Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

Computation of floodway required to convey this flood without increasing flood heights to an extent which would cause substantial upstream or downstream damage to existing or reasonably anticipated future development.

Delineation of floodway which cannot increase the water surface elevation more than two-tenths of a foot and encroachment lines within which no obstruction is permitted which would cause such damage.

Delineation of the flood plain, i.e., that area outside the floodway encroachment line but which is still subject to inundation by the regulatory floods of 100-year reoccurrence.

When base flood elevation and floodway data has not been provided in accordance with this Section, the Planning Board, Township Engineer and Construction Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer these regulations.

Statement of Purpose. It is the purpose of this Section to promote the public health, safety and general welfare and to minimize those losses described in paragraph C above by provisions designed to:

Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or cause increased flood heights or velocities.

Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.

To assist in protecting individuals from buying lands which are unsuited for intended purposes because of flood hazard.

Flood Hazard Areas Created. There are hereby created within the Township of Roxbury flood hazard areas as delineated by a scientific and engineering report, entitled "The Flood Insurance Study for the Township of Roxbury dated December 15, 1982," on Flood Insurance Rate Maps (FIRM) and Flood Boundary-Floodway Maps prepared by the Federal Insurance Administration (FIA) effective date December 15, 1982. For the purpose of administering the land use control measures of this Section, these boundaries are also shown on the Township of Roxbury Zoning Map, as amended. The Zoning Map delineations of flood hazard areas are intended to be true representations of the areas shown on the Federal maps. Where, because of the scale of the Zoning Map, there is a question as to the location of a specific boundary of the flood area, those boundaries shown on the Federal maps shall govern.

Permitted Uses in Flood Hazard Areas. The uses permitted within any flood hazard area are those uses permitted and regulated in this Ordinance for the zone district in which the area may be located, as said zone districts are set forth and delineated on the Township of Roxbury Zoning Map, subject to the following further limitations:

Proposed permanent structures within the portion of the 100-year flood plain which lies beyond the floodway, shall have basement floor or lowest floor elevations one (1) foot above the level of the 100-year flood. Exceptions may be granted by the Planning Board only for nonresidential structures, which together with attendant utility and sanitary facilities, are adequately floodproofed up to the level of the 100-year flood.

No permanent building structures and/or substantial improvements are to be built within the floodway. If it is determined by the Planning Board, based on the advice of the Township Engineer, that the proposed structure and/or substantial improvement may be located within the floodway, the development plan application shall be submitted to the New Jersey Department of Environmental Protection for a determination of the floodway for that location.

No new development, including landfill, shall be permitted within the flood hazard area if the proposed development, in conjunction with all other uses permitted since the enactment of the Ordinance, would increase water surface elevations of the 100-year flood more than two-tenths of one foot. An applicant for such land use shall be required to submit for review a plan showing the effects of his proposed action on future flood heights.

Landfill may be permitted within the 100-year flood hazard area to raise existing buildings, dwellings, roadways, sidewalks and driveways.

To the extent existing data permits, all proposed developments including substantial improvements within the flood hazard area shall be designed and constructed in accordance with all of the other requirements of 44 CFR, 60.3D of the National Flood Insurance Program Regulations.

Any relocation or realignment of any river or stream channel within the Township shall be prohibited if it would reduce the natural valley storage capacity with respect to the 100-year flood. No such relocation or realignment shall be permitted without prior written approval of the New Jersey Department of Environment Protection and notification of adjacent municipalities and the Federal Insurance Administrator. No river or stream within the Township having a watershed area in excess of fifty (50) acres shall be confined in a pipe or conduit except to cross streets and rights-of-way except as specifically approved by the Planning Board.

Protection of Floodway. No "obstruction" shall be permitted in the floodway without the consent of the New Jersey State Department of Environmental Protection and the local authority.

Submission of a Development Plan. Notwithstanding any other provisions of this Ordinance, no development shall take place and no structure shall hereafter be erected, constructed or substantially improved within any flood hazard areas unless and until a development plan shall have been submitted to the Planning Board for review and approval in accordance with this Ordinance. Said development plan shall, in addition to the information required under section 13-3.8 of this Ordinance, show the following information:

The existing and proposed contours at a contour interval of one (1) foot at the USGS datum and the volume of fill in cubic yards added to the property.

The proposed elevation of the levels of the lands involved at the corners of the foundation of any structure or structures.

The sectional view showing elevations of the proposed structure.

The layout and elevations of existing and proposed public streets and the nature, extent and location of existing and proposed public utilities servicing and to service the premises in question.

All new developments greater than fifty (50) lots or five (5) acres, whichever is less, shall include base flood elevation data.

Requirements in Flood Hazard Area. The Planning Board and Township Engineer shall not approve any development plan within the 100-year flood plain area unless and until it is satisfied that the following requirements have been met:

The lowest floor level including the basement of any proposed structure shall be higher by one (1) foot than the level of the base flood level established by the Federal Insurance Administration.

Proper facilities have been or will be provided for potable water and for the disposal of sanitary sewage and of storm drainage and that such facilities are located and designed to be consistent with the need to minimize flood damage.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, using methods and practices that minimize flood damage so that any proposed structure, when built, may be occupied without peril to the health or safety of the occupants.

Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Any proposed structure or attendant protective measures will not impede the flow of surface waters through any watercourse or cause an unacceptable increase in flood heights or velocities.

All necessary permits have been received from those governmental agencies from which approval is required by Federal and State Law.

All new construction shall be anchored to prevent floatation and lateral movement and shall be constructed with flood resistant materials and methods.

For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Time Limits. The Planning Board shall act upon any development plan submitted under paragraph H. above within ninety (90) days of the date of the filing thereof, or such other extension of time as the applicant may agree.

Issuance of Permits. No building permits shall be issued by the Construction Official for any proposed structure to be located within the permitted flood hazard area unless and until the Planning Board shall have approved a development plan submitted in accordance with this Section. Upon approval or denial of any development plan required by this Section, the secretary of the Planning Board shall forthwith notify the Construction Official thereof. No Certificate of Occupancy shall be issued by the Construction Official unless and until proof has been submitted to him that all conditions of the development plan approval have been fully met and complied with. In addition, the Construction Official shall:

Require the applicant to furnish information, verify and record the actual elevation of the lowest floor of all new or substantially improved structure and whether or not a structure contains a basement.

For all new or substantially improved flood proof structures, verify and record actual elevations and maintain the flood proofing certificate required.

Maintain for public inspection all records pertaining to this Ordinance.

Boundary Amendment. The boundaries of the flood hazard areas as shown on the Flood Hazard Map shall be subject to amendments to conform with any amended boundaries identified by the Federal Insurance Administrator. As the watersheds are developed, the size of the 100-year flood hazard area will increase, requiring periodic revisions in the Flood Hazard Map which shall be prepared by and certified to by a licensed engineer of the State of New Jersey.

Flood Regulations Take Precedence. Within the boundaries of the flood hazard areas, the laws and Ordinance concerning flood plains, floodproofing, floodway preservation and other measures designed to reduce flood losses shall take precedence over any conflicting laws, ordinances and codes.

§ 13-7.824 Historic Preservation Districts.

It has been determined that within the Township of Roxbury there exists certain sites and structures that exhibit architectural, historical and/or cultural values reflecting the Township's heritage; and, that it is in the public interest and a matter of public policy to encourage the preservation and protection of such sites and structures. To this end, it is the intent and purpose of this section to establish Historic Preservation Districts and review procedures of an advisory nature within these districts which would promote the use of designated structures, sites and areas for the education and welfare and pleasure of present and future generations of Roxbury residents as well as residents of Morris County and to foster a sense of civic pride and to stabilize and improve property values within historic districts.

Historic Preservation Districts Created.[1] Within the Township of Roxbury, there are hereby created, "Historic Preservation Districts", as shown on a map entitled, "Historic Preservation Districts", dated January 2, 1984, as amended in October 2001.

[Ord. No. 33-01 § 1]

EXTERIOR ARCHITECTURAL APPEARANCE

Editor's Note: The Historic Preservation Districts Map may be found on file in the Township Offices.

Uses and Regulations. The uses and regulations permitted in Historic Preservation Districts shall be those requirements established by the various zone districts of Section 13-7.4 and such additional regulations as are stated herein which shall apply to structures within the districts shown on the Historic Preservation Districts Map.

Historic Preservation District Requirements.

Building permit issuance. No building permits shall be issued for new construction, alterations, additions, repairs or replacements within the established Historic Preservation District until the plans for such construction, alterations, additions, repairs or replacements have been reviewed by the Historic Advisory Committee (HAC) established under Subsection 2-6.10 of the Township Administrative Code. No permit shall be issued for relocation or the demolition of a structure within the established Historic Preservation District unless the HAC has reviewed the significance of the structure being relocated or removed.

[Ord. No. 33-01 § 1]

Subdivision and site plan review. No subdivision or site plan affecting historic sites, structures or historic districts shall be approved by the Planning Board or Zoning Board of Adjustment without the proposed development being referred to the Historic Advisory Committee for advice and comments. Upon receipt of a subdivision or site plan located within the Historic Preservation District, the Secretary for the Planning Board or Zoning Board of Adjustment, as the case may be, shall forward the site plan to the HAC for its review and comment. The Secretary for the Board shall advise the Committee of the scheduled hearing date for the site plan application. The HAC shall submit its comments to the approving authority within forty-five (45) days of transmittal by the Board's Secretary.

Exemptions. Within a Historic Preservation District zone, the following activities shall not require review as set forth in this section:

Repair or replacement of roof surfaces that do not require alteration of the exterior architectural configuration nor changes in the characteristics of the structure.

Repair or replacement of windows that do not require alteration of the exterior architectural configuration nor changes in the characteristics of the structure.

Repair or replacement of siding that does not require alteration of the exterior architectural configuration nor changes in the characteristics of the structure.

Installation of swimming pools or fences.

Installation or replacement of landscaping.

Construction, repair or replacement of accessory buildings.

Construction, repair or replacement of solar panels and other energy saving devices.

Any construction, alteration, addition or repair that is inside of the structure and does not change the exterior appearance of the building, or that is on a side of the building that is not visible from a public right-of-way.

In determining whether a proposed repair, replacement or construction will, in fact, alter the exterior architectural appearance of a structure, as set forth in exceptions 1, 2, 3 and 8 above, the owner, Code Enforcement Officer or Zoning Officer may apply to the Historic Advisory Committee for a determination as to the necessity for a formal review of the proposed improvement. This determination must be made within ten calendar days of the request, or the proposed repair, replacement or construction will be considered as exempt from these requirements.

Definitions. For the purpose of this section, certain terms are defined as follows:

ADDITION

shall mean any work done to expand, enlarge or add to an existing structure when such new work changes the exterior architectural appearance of any historic site or structure.

ALTERATION

shall mean any work performed on an existing structure when such alteration changes the architectural appearance of the exterior surface of any improvements.

DEMOLITION

shall mean the razing of any structure or the obliteration of any natural feature of any historic site or structure.

shall mean the architectural style, design, general arrangement and components of all outer surfaces of an improvement, including but not limited to the kind and texture of the building material and type and style of all windows, doors, lights, signs, decorative elements and other fixtures appurtenant to such improvements.

REPAIR

shall mean any work performed on any structure which is not an addition to the improvement and does not change the architectural appearance of the exterior surface of any improvement and requires a building permit.

REPLACEMENT

shall mean repairs when a building permit is required for same.

§ 13-7.825 Protection of Critical Aquifer Recharge Areas.

Purpose and Findings of Fact. The purpose of this section is to provide limits on impervious coverage in areas identified by the United States Geological Survey (USGS) as critical to the recharge of the regional aquifer which serves as the primary source of potable water for the Township and neighboring communities.

Applicability.

The requirements of this section shall apply to any nonresidential lot in the Township having fifty (50%) percent or more of its area located within a Critical Aquifer Recharge Area or having twenty-five (25%) percent or more of its area located with a Category 1 Critical Aquifer Recharge Area.

Critical Aquifer Recharge Areas are those areas identified by the USGS in its "Alamatong Wellhead Protection Study" (dated December 1998, including a map entitled "Land Use/Landcover in Contributing Areas at Full Allocation Pumping Rates from Wells in and near Alamatong Wellfield") as areas of 12 years or less travel time of recharge to actual or potential public water supply wellheads. Category 1 Areas are those identified in the USGS Study as having a recharge travel time to such wellheads of 5 years or less. Category 2 Areas include all other Critical Aquifer Recharge Areas with recharge-to-wellhead travel time of greater than 5 years but not greater than 12 years.

Maximum Impervious Coverages.

For all lots to which this section applies, the permitted impervious coverage shall not exceed fifty (50%) percent of the total lot area.

For any lot with fifty (50%) percent or more of its area located in a Category 1 Critical Aquifer Recharge Area, permitted impervious coverage shall not exceed forty (40%) percent of the total lot area.

The maximum impervious coverage requirements set forth in this section shall supersede any less restrictive standard applicable to the zone district in which the subject lot is located.

For a tract of lots constituting a single development project, the foregoing coverage limits may be complied with on a tract-wide basis, provided that the deeds of individual lots incorporate appropriate restrictions or easements ensuring continued compliance of the entire tract. For any such tract-wide compliance, the area of impervious coverage in Critical Aquifer Recharge Areas or in Category 1 Areas shall not exceed the maximum areas of such coverage required for lot-by-lot compliance.

Where warranted pursuant to the Municipal Land Use Law, the approving Board may grant variances permitting greater impervious coverages than those provided hereunder, provided that the Board shall require that the development's stormwater management facilities implement infiltrative groundwater recharge with appropriate water quality controls to the maximum extent feasible.

§ 13-7.826 Application and Interpretation of Low/Moderate Housing Provisions.

[Ord. No. 03-05 § 2; Ord. No. 22-09 § 1; amended 2-23-2021 by Ord. No. 02-21]

Affordable Housing Obligation.

This section is intended to assure that low- and moderate-income units ("affordable units") are created with controls on affordability over time and that low- and moderate-income households shall occupy these units. This section shall apply except where inconsistent with applicable law.

The Roxbury Township Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan has been endorsed by the governing body. The Fair Share Plan describes the ways Roxbury Township shall address its fair share for low- and moderate-income housing and documented in the Housing Element.

This section implements and incorporates the Fair Share Plan and addresses the regulatory and court-ordered requirements, as may be amended and supplemented.

Definitions. The following terms when used in this section shall have the meanings given in this section:

ACCESSORY APARTMENT

A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.

ACT

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.[1]

ADMINISTRATIVE AGENT

The entity designated by the Township to administer affordable units in accordance with this section and UHAC (N.J.A.C. 5:80-26).

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

A sales price or rent level that is within the means of a low- or moderate-income household, and, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

AFFORDABLE DEVELOPMENT

A housing development all or a portion of which consists of restricted units.

AFFORDABLE HOUSING DEVELOPMENT

A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

AFFORDABLE HOUSING PROGRAM(S)

Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Act and approved for crediting by the court and/or funded through an affordable housing trust fund.

AGE-RESTRICTED UNIT

A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80% of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).

ASSISTED LIVING RESIDENCE

A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

CERTIFIED HOUSEHOLD

A household that has been certified by an administrative agent as a low-income household or moderate-income household.

COAH

The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.

DEVELOPER

Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to, new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the median household income.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

The median income by household size for the applicable county.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

NONEXEMPT SALE

Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.

RANDOM SELECTION PROCESS

A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.

RESTRICTED UNIT

A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the median household income.

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very-low-income household.

WEATHERIZATION

Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.

Editor's Note: See now N.J.A.C. 5:23-3.14(b).

Applicability.

The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created within the Township of Roxbury pursuant to the Township's most recently adopted Housing Element and Fair Share Plan.

Moreover, this section shall apply to all developments that contain low- and moderate-income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.

This section specifically applies to Roxbury Township's Third Round affordable housing obligations identified in the settlement agreement, which sets forth the following affordable housing obligations:

Component of Third Round Obligation	Units
Rehabilitation share	26
Prior round obligation (pursuant to N.J.A.C. 5:93)	255
Third round (1999 to 2025)	841

This section applies to Roxbury Township's Third Round affordable housing compliance mechanisms that are identified in the settlement agreement, which sets forth the following affordable housing compliance techniques:

Prior round obligation.

Rehabilitation.

Market-to-affordable housing units.

Supportive and alternative housing.

Family rental units.

Age-restricted housing.

Third Round obligation:

Rehabilitation.

Market-to-affordable housing units.

Supportive and alternative housing.

Inclusionary zoning.

New construction.

(6)

Age-restricted housing.

Affordable housing programs. The Roxbury Township has determined that it will use the following mechanisms to satisfy its affordable housing obligations:

A rehabilitation program:

Roxbury Township's rehabilitation program shall be designed through various grant programs administered by the Morris County Department of Community Development to renovate deficient housing units occupied by low- and moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.

Both owner-occupied and renter-occupied units shall be eligible for rehabilitation funds.

All rehabilitated units shall remain affordable to low- and moderate-income households for a period of 10 years (the control period). For owner-occupied units the control period will be enforced with a lien, and for renter-occupied units the control period will be enforced with a deed restriction.

The program shall dedicate a minimum of $10,000 for each unit to be rehabilitated through this program, reflecting the minimum hard cost of rehabilitation for each unit.

The program shall designate one or more administrative agents to administer the rehabilitation program. The administrative agent(s) shall provide a rehabilitation manual for the owner occupancy rehabilitation program and a rehabilitation manual for the rental occupancy rehabilitation program to be adopted by resolution of the governing body. Both rehabilitation manuals shall be available for public inspection in the office of the Municipal Clerk and in the office(s) of the administrative agent(s).

Units in a rehabilitation program shall be exempt from the Uniform Housing Affordability Controls (UHAC), but shall be administered in accordance with the following:

If a unit is vacant, upon initial rental subsequent to rehabilitation, or if a renter-occupied unit is rerented prior to the end of controls on affordability, the deed restriction shall require the unit to be rented to a low- or moderate-income household at an affordable rent and affirmatively marketed pursuant to the UHAC.

If a unit is renter-occupied, upon completion of the rehabilitation, the maximum rate of rent shall be the lesser of the current rent or the maximum permitted rent pursuant to the UHAC.

Rents in rehabilitated units may increase annually based on determined standards.

Applicant and/or tenant households shall be certified as income-eligible in accordance with the UHAC, except that households in owner occupied units shall be exempt from the regional asset limit.

A market-to-affordable program.

A market-to-affordable program is established to permit the purchase or subsidization of units through a written agreement with the property owner and sold or rented to low- and moderate-income households. Subject to the provisions of Subsection D2(c) below, the market-to-affordable programs may produce both low- and moderate-income units (the program may be limited to only low- or only moderate-income units as per the Fair Share Plan).

The following provisions shall apply to market to affordable programs:

At the time they are offered for sale or rental, eligible units may be new, preowned or vacant.

The units shall be certified to be in sound condition as a result of an inspection performed by a licensed building inspector.

The municipality will provide a minimum of $25,000 per unit to subsidize each moderate-income unit and/or $30,000 per unit to subsidize each low-income unit, with additional subsidy depending on the market prices or rents in a municipality.

The maximum number of creditable market-to-affordable units shall be equal to no more than 10 for-sale units and 10 rental units or a combined total of 10% of the fair share obligation, whichever is greater.

The units shall comply with the UHAC with the following exceptions:

Bedroom distribution [N.J.A.C. 5:80-26.3(b) and (c)];

Low-/moderate-income split [N.J.A.C. 5:80-26.3(a)]; and

Affordability average [N.J.A.C. 5:80-26.3(d) and (e)]; however:

[a]

The maximum rent for a moderate-income unit shall be affordable to households earning no more than 60% of median income and the maximum rent for a low-income unit shall be affordable to households earning no more than 44% of median income; and

[b]

The maximum sales price for a moderate-income unit shall be affordable to households earning no more than 70% of median income and the maximum sales price for a low-income unit shall be affordable to households earning no more than 40% of median income.

Alternative Living Arrangements.

The administration of an alternative living arrangement shall be in compliance with the UHAC, with the following exceptions:

Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the court;

Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).

With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the court.

The service provider for the alternative living arrangement shall act as the administrative agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.

(Reserved)

Inclusionary Zoning.

Phasing. In inclusionary developments the following schedule shall be followed:

Maximum Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
25%	0%
25%+1	10%
50%	50%
75%	75%
90%	100%

Design. In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.

Payments-in-lieu and off-site construction. The standards for the collection of payments-in-lieu of constructing affordable units or standards for constructing affordable units off-site shall be in accordance with the Fair Housing Act, the declaratory judgment and settlement agreement.

Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.

New Construction. The following general guidelines apply to all newly constructed developments that contain low- and moderate-income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.

Low/moderate split and bedroom distribution of affordable housing units:

The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.

In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.

Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units shall be two-bedroom units;

At least 20% of all low- and moderate-income units shall be three-bedroom units; and

The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

Accessibility requirements:

The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.[2]

[2]

Editor's Note: See now N.J.A.C. 5:23-3.14(b).

All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:

An adaptable toilet and bathing facility on the first floor;

An adaptable kitchen on the first floor;

An interior accessible route of travel on the first floor;

An interior accessible route of travel shall not be required between stories within an individual unit;

An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and

(6)

An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Roxbury Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:

[a]

Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.

[b]

To this end, the builder of restricted units shall deposit funds within the Roxbury Township's affordable housing trust fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.

[c]

The funds deposited under Subsection J2(b)(6)[b] above shall be used by the Roxbury Township for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

[d]

The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Roxbury Township.

[e]

Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Roxbury's affordable housing trust fund in care of the Municipal Treasurer who shall ensure that the funds are deposited into the affordable housing trust fund and appropriately earmarked.

[f]

Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.

Maximum rents and sales prices.

In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC, utilizing the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD and the calculation procedures set forth in the Consent Order entered on December 16, 2016, by the Honorable Douglas K. Wolfson, JSC, in In the Matter of the Township of East Brunswick for a Judgment of Compliance of its Third Round Housing Element and Fair Share Plan, Docket No. MID-L-004013-15.

The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than 52% of median income.

The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to very-low-income households, which very-low-income units shall be part of the low-income requirement.

The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.

In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be used:

A studio shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one-and-one-half-person household;

A two-bedroom unit shall be affordable to a three-person household;

A three-bedroom unit shall be affordable to a four-and-one-half-person household; and

A four-bedroom unit shall be affordable to a six-person household.

In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be used:

A studio shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one-and-one-half-person household; and

A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

(h)

The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.

(j)

The rent of low- and moderate-income units may be increased annually based on the percentage increase in the housing consumer price index for the United States. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.

Utilities.

Affordable units shall utilize the same type of heating source as market units within an inclusionary development.

Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by the NJDCA for its Section 8 program.

Affirmative Marketing Requirements.

Roxbury Township shall adopt by resolution an affirmative marketing plan, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.

The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 2 and covers the period of deed restriction.

The affirmative marketing plan shall provide a regional preference for all households that live and/or work in Housing Region 2 comprised of Morris, Essex, Union and Warren Counties.

The administrative agent designated by the Roxbury Township shall assure the affirmative marketing of all affordable units consistent with the affirmative marketing plan for the municipality.

In implementing the affirmative marketing plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.

The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by Roxbury Township.

The affirmative marketing plan shall specifically notify the following community and regional organizations in advertisement for affordable housing:

Fair Share Housing Center, Cherry Hill.

NJ State Conference of the NAACP, Trenton.

The Morris County Chapter of the NAACP.

The Newark NAACP.

East Orange NAACP.

Housing Partnership for Morris County.

Community Access Unlimited, Inc.

(h)

Northwest New Jersey Community Action Program, Inc. (NORWESCAP).

Homeless Solutions of Morristown.

(j)

Latino Action Network, Freehold.

(k)

Supportive Housing Association, Cranford.

Occupancy Standards.

In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:

Provide an occupant for each bedroom;

Provide children of different sex with separate bedrooms; and

Prevent more than two persons from occupying a single bedroom.

Additional provisions related to occupancy standards (if any) shall be provided in the municipal operating manual.

Control Periods for Restricted Ownership Units and Enforcement Mechanisms.

Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this section until the Roxbury Township elects to release the unit from such requirements however, and prior to such an election, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30 years.

The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value.

At the time of the first sale of the unit, the purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the requirements of this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.

The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.

A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.

Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:

The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.

The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.

The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.

Buyer Income Eligibility.

Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.

The administrative agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income.

Limitations on Indebtedness Secured By Ownership Unit; Subordination.

Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall determine, in writing, that the proposed indebtedness complies with the provisions of this section.

With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).

Control Periods for Restricted Rental Units.

Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section until the Roxbury Township elects to release the unit from such requirements pursuant to action taken in compliance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior to such an election, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30 years.

Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Morris. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.

A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:

Sublease or assignment of the lease of the unit;

Sale or other voluntary transfer of the ownership of the unit; or

The entry and enforcement of any judgment of foreclosure.

Price Restrictions for Rental Units; Leases.

A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.

No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.

Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.

Tenant Income Eligibility.

Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:

Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.

Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.

Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.

The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;

The household is currently in substandard or overcrowded living conditions;

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.

The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection S2(a) through (e) above with the administrative agent, who shall counsel the household on budgeting.

Administration.

The position of Municipal Housing Liaison (MHL) for Roxbury Township is established by this section. The Township Council shall make the actual appointment of the MHL by means of a resolution.

The MHL must be either a full-time or part-time employee of Roxbury Township.

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Roxbury Township, including the following responsibilities which may not be contracted out to the administrative agent:

Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;

The implementation of the affirmative marketing plan and affordability controls.

When applicable, supervising any contracting administrative agent.

Monitoring the status of all restricted units in the Roxbury Township's fair share plan;

Compiling, verifying and submitting annual reports as may be required;

(6)

Coordinating meetings with affordable housing providers and administrative agents, as applicable; and

(7)

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing at least annually and more often as needed.

The Roxbury Township shall designate by resolution of the Township Council one or more administrative agents to administer newly constructed affordable units in accordance with the UHAC.

An operating manual shall be provided by the administrative agent(s) to be adopted by resolution of the governing body. The operating manuals shall be available for public inspection in the office of the Municipal Clerk and in the office(s) of the administrative agent(s).

The administrative agent shall perform the duties and responsibilities of an administrative agent as are set forth in UHAC and which are described in full detail in the operating manual, including those set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof, which includes:

Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as may be required and offered;

Affirmative marketing;

Household certification;

Affordability controls;

Records retention;

Resale and rerental; and

Processing requests from unit owners.

Enforcement, though the ultimate responsibility for retaining controls on the units rests with the municipality.

The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities, hereunder.

Enforcement of Affordable Housing Regulations.

Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:

A fine of not more than $1,250 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;

In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Roxbury Township affordable housing trust fund of the gross amount of rent illegally collected;

In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.

The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.

Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.

The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.

Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.

The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

Appeals. Appeals from all decisions of an administrative agent appointed pursuant to this section shall be filed in writing with the court.

§ 13-7.827 Cluster Residential Development.

The purpose of cluster residential development is to provide standards pursuant to N.J.S.A. 40:55D-39 to encourage and promote flexibility and economy in layout and design to preserve open space by reducing area and yard requirements. The cluster residential development option is permitted in the R-1 and R-2 Residential Districts in accordance with the following requirements:

Both a public water supply system and public sanitary sewage collection system and treatment system shall provide service to the development.

At least twenty (20%) percent of the total tract area of a proposed cluster residential development shall display wetlands, 100 year floodplain, critical aquifer recharge areas, ridgelines and/or steep slopes as defined in Section 13-7.818E. The area of an overlapping critical natural resource may only be counted once.

When twenty (20%) percent critical areas are not present, a cluster residential development shall be permitted only if open space is developed for active or passive recreation with such improvements deemed as acceptable by the Planning Board.

The maximum number of buildable lots shall not be greater than the number of buildable lots for a noncluster development of the same property. Lot yield shall be determined by a conceptual plan delineating two (2) foot contour intervals with wetlands, 100 year floodplain and steep slopes. The concept plan shall depict a viable conventional lot layout prepared in accordance with the respective zone district requirements and design regulations without creating variances and respecting current State wetland and floodplain regulations. Upon acceptance of the noncluster/conventional lot yield plan by the Planning Board, the applicant shall utilize the accepted lot yield for the cluster development.

The minimum number of buildable lots for a cluster residential development shall be ten (10).

The minimum lot area and bulk requirements for buildable lots in a cluster residential development shall be as follows:

	R-1 District	R-2 District
Minimum lot area	25,000 square feet	15,000 square feet
Minimum lot width at setback
Interior and cul-de-sac lots	125 feet	100 feet
Corner lots (both streets)	150 feet	120 feet
Minimum lot frontage
Interior lots	110 feet	90 feet
Cul-de-sac lots	75 feet	70 feet
Corner lots (both streets)	150 feet	120 feet
Minimum front yard setback	50 feet	35 feet
Minimum rear yard setback
Principal building	50 feet	35 feet
Accessory building	10 feet	5 feet
Private swimming pool	15 feet	10 feet
Minimum side yard setback
Principal building	15 feet	10 feet
Accessory building	5 feet	5 feet
Private swimming pool	10 feet	10 feet
Maximum building height
Principal building	35 feet/2 1/2 stories	35 feet/2 1/2 stories
Accessory building	15 feet	15 feet

The subdivider shall devote for open space the same percentage of the total subdivision tract area by which the lot area has been reduced.

The minimum size of an open space parcel offered to the Township, or homeowners association shall be two and one-half (2.5) acres in the R-1 Residence District and one and one-half (1.5) acres in the R-2 Residence District unless a lesser size is authorized by the Planning Board for specific reasons that are peculiar to a particular parcel of property. The open space parcel shall first be offered to the Township; provided, however, the Township shall not be obligated to accept same.

Access to individual buildable lots shall be prohibited from existing secondary arterial and existing residential collector roads.

The land designated for open space shall include, wherever feasible, areas worthy of preservation such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value, as well as sites valuable for their historical significance. The developer may be required to plant trees or make other similar landscaping improvements to such areas. The land designated for open space areas shall be subject to approval by the Township Planning Board in its review and evaluation of the suitability of such land. Efforts should be made to assemble such land from adjoining areas so as to form continuous bands of open space.

Notwithstanding other provisions of this Ordinance, development proposals in accordance with this Section shall only be approved by the Planning Board as regulated herein when the following findings are made:

That the proposals for maintenance and conservation of the permanent common open space are reliable, and the amount, location design and function of the permanent common open space are adequate.

That provisions regarding the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, recreation and visual enjoyment are adequate.

That the proposed development will not have an unreasonably adverse impact upon the area in which the development is proposed to be established.

That the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development are adequate.

Open space deeded to and accepted by the Township shall meet the following requirements:

Documentation of title duly executed and in recordable form shall be delivered to the Township Council accompanied by a Certificate of Title Insurance from a New Jersey title insurance company attesting to good and marketable title.

The documentation referred to above shall be in the form of a deed. The developer or subdivider, as the case may be, shall maintain the area and shall install any improvements thereon which may be required prior to the transfer of property.

Where open space or common property is created and the Township will not take title to such land, a homeowners association shall be established in accordance with N.J.S.A. 40:55D-43. The creation of the organization shall be approved by the approving Board's Attorney and shall incorporate the following provisions which shall be submitted and approved prior to final subdivision approval:

Membership in any created open space organization shall be mandatory by all property owners. Such required membership in any created open space organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant with each member agreeing to his liability for his pro-rata share of the organization's costs and providing that the Township shall be a party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of the covenant shall be reviewed by both the Township Attorney and the Planning Board Attorney prior to final approval.

Executed deeds shall be tendered to the Township simultaneously with the granting of final subdivision approval stating that the prescribed use(s) of the lands in common ownership shall be absolute and not subject to reversion for possible future development.

The open space organization shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the open space organization and shall hold the Township harmless from any liability.

Any assessment levied by the open space organization may become a lien on the private properties in the development. The duly created open space organization shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only.

The open space organization initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the development, along with the covenant and model deeds and the articles of incorporation of the association prior to the granting of final approval by the Township.

Part of the development proposals submitted to and approved by the Township shall be provisions to ensure that control of the open space organization will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold or occupied, together with assurances in the bylaws that the open space organization shall have the maintenance responsibilities for all lands to which it holds title.

The maintenance of open space owned by a non-municipal organization shall be subject to the following:

In the event that a non-municipal organization with the responsibility for the open space fails to maintain it in reasonable order and condition, the Township Council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within thirty-five (35) days thereof and shall state the date and place of a hearing thereon which shall be held within fifteen (15) days of the notice.

At such hearing, the Township Council may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed sixty-five (65) days within which they shall be remedied. If the deficiencies set forth in the original notice or the modification thereof shall not be remedied within said thirty-five (35) days or any permitted extension thereof, the municipality, in order to preserve the open space and maintain the same, may enter and maintain such land for a period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon fifteen (15) days written notice to such organization and to the owners of the development, to be held by the Township Council, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality continue for a succeeding year. If the Township Council shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the municipal body or officer in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the municipality shall be assessed pro-rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

§ 13-7.827.1 Cluster Development Option in the R-R, OS and RR-5 Districts.

Purpose. The purpose of the cluster development option is to provide standards pursuant to N.J.S.A. 40:55D-29, or any amendments thereto which encourages and promotes flexibility, economy and environmental soundness in layout and design. In accordance with these standards, the Planning Board may approve the reduction of lot areas and dimensions, and yard, setback and coverage provisions otherwise required in these zones. The standards shall be appropriate to the type of development permitted.

Application. The cluster development option requirements may be applied in accordance with the provisions of this section to modify bulk and area requirements specified in the RR and RR-5 Residence Districts and in the OS Open Space District.

[Ord. No. 19-04 § 2]

Minimum Area. The minimum total area of a tract to be developed under the cluster development options shall be ten (10) acres in the R-R and OS Districts and fifteen (15) acres in the RR-5 District. Such area to be so developed shall be as a single entity or under unified control.

Findings by the Planning Board. Notwithstanding other provisions of this Section, development proposals in accordance with this Section shall only be approved by the Planning Board as regulated herein if the following findings are made:

That departures by the development from zoning regulations otherwise applicable to the property conform to N.J.S.A. 40:55D-65 and any amendment thereto.

That the proposals for maintenance and conservation of the permanent common open space are reliable, and the amount, location, design and function of the permanent common open space are adequate.

That provisions regarding the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

That the proposed development will not have any adverse impact upon the area in which the development is proposed to be established.

That the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development regarding completion of the development are adequate.

General Procedures. Development proposals using the cluster development option shall comply with the applicable requirements of the Township's subdivision and site plan requirements. Further, nothing contained in this section shall relieve the owner or this agent or the developer of a cluster subdivision from receiving subdivision plat approval in accordance with the Township's subdivision regulations.

Maximum Number of Lots. The maximum number of cluster lots to be permitted in a subdivision application submitted under this Section shall be determined by the approval of a sketch plat of the subdivision if developed in a conventional manner. The Planning Board shall not approve a subdivision development plan that will result in a greater number of buildable lots than would result if the property in question were developed meeting the conventional minimum lot area requirement for the applicable zone, as well as all applicable requirements of this Ordinance and other Township Ordinances. To this end, a developer requesting approval of a development under these provisions shall submit a density plan/sketch plat for approval of the Planning Board which shall demonstrate the number of achievable lots per the conventional minimum lot area requirements of the applicable zone. Such sketch plat shall show proposed roads and existing topographic contours at two (2) foot intervals as well as environmental information which is typically provided during the preliminary plat approval, such as wetland information, steep slopes, flood plains and rock outcroppings. The number of lots contained in the approved sketch layouts shall be conclusive as to the total number of lots allowed under the cluster development option.

Area Reductions Permitted. In a cluster development, single lots for single-family detached dwelling units may be reduced in size as stipulated below. The number of individual building lots created shall be no greater than if the tract were developed as a conventional subdivision and the lots were not reduced in size. Lot areas may be reduced provided that the land which would otherwise be required for residential lots, but which is not so used under the permitted lot area reduction provisions in this section, shall be devoted to open space.

[Ord. No. 19-04 § 3]

Bulk Requirements
Conventional Permitted Lot Size	RR/3 Acres, OS/3 Acres RR-5/5 Acres
Lot Area	40,000 square feet
Lot Frontage (ft)	75
Lot Width (ft)	150
Lot Depth (ft)	150
Yards (ft)
Front	50
Side	20 (each)
Rear	50

Common Open Space.

Permanent common open space. Not less than forty (40%) percent of the gross acreage of a tract shall be reserved for permanent common open space. Any land set aside as open space must be made subject to a deed restriction, conservation easement or similar agreement in a form acceptable to the Planning Board and Governing Body and duly recorded in the Office of the Recorder of Deeds in and for Morris County. The open space must be conveyed to a private community association, to the Township or to a third party as is found to be acceptable to the Planning Board and the Governing Body.

Location, design and function. The location, design and function of all permanent common open space shall be designed to protect, to the greatest extent possible and practical, critical environmental resources, (i.e., wetlands, floodplains and stream corridors, steep slopes) to link these resources via greenways wherever possible, to preserve natural vistas and scenic views and to provide buffers to well head areas. The Township Natural Resource Inventory shall be used to initially identify these areas, however, an applicant may provide more detailed information as to the location of these areas as available for consideration by the Planning Board.

§ 13-7.828 Lot Averaging in Industrial Districts.

It has been determined that the use of lot averaging will provide an appropriate method to encourage additional design flexibility for certain industrial districts in the Township. Under the conditions set forth in this Ordinance, lot averaging will serve to increase protection of sensitive environmental resources, ensure more efficient and economic use of the Township's remaining industrial land, preserve natural vistas and scenic views and help strengthen and sustain the economic potential of the Township;

Lot averaging shall be permitted in the following districts: I-5, I-10.

Lot averaging as defined in Section 13-1.327 shall be permitted upon a showing that the following general requirements have been met. In addition, each district includes additional specific requirements for lot averaging. Unless otherwise stated, all other requirements of the Roxbury Township Land Use Ordinance apply.

General Requirements and Provisions for Lot Averaging.

Lot size averaging shall be permitted for lots accommodating office or industrial uses on development tracts of ten (10) acres or more. Under the lot size averaging provisions, individual lots may have less than the minimum area required for the district, but in no case shall they have less than fifty (50%) percent of the otherwise required lot size. Other lots in the planned development will then be required to be oversized by an equal or greater area resulting in an average minimum lot size as otherwise provided in the land use ordinance for the pertinent zoning district.

Lot size averaging shall be permitted only in conjunction with a planned industrial development as defined in Section 13-1.2 and, where required by ordinance, a general development plan.

Applications for a subdivision using lot averaging must include a general land use plan indicating the tract area and general locations of the land uses, lotting and amount of permitted square footage per lot to be included in the planned development. The following must also be included:

A stormwater management plan setting forth the proposed method of controlling and managing storm water on the site. Included shall be information as to the location and design of detention facilities.

A circulation plan showing the general location and types of transportation facilities, including facilities within the planned development and any proposed improvements to the existing transportation system outside the planned development. Included therein shall be general proposals for off-tract, off-site and intersection improvements.

A utility plan indicating the need for and showing the proposed location of sewer 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 any proposed facilities.

A general design plan indicating the proposed signage, landscaping, architecture and lighting for the planned development.

Lot size averaging is permitted only in public sewer and water service areas.

Lot coverage and floor area ratios may be averaged within each planned development subject to the following conditions:

The maximum floor area permitted for the development tract shall be equal to the total square footage permitted under the applicable district. The FAR on individual lots may not be increased from the FAR otherwise permitted in the zone. Except where variations are allowed, all applicable height, coverage, setbacks and other bulk requirements for the applicable district shall apply for each permitted lot.

The maximum impervious surface coverage for the entire development tract shall be equal to that given for the applicable district. Individual lots must also comply with the maximum impervious coverage permitted in the zone. Subdivision access roads shall be counted in the computation of tract-wide impervious coverage.

All lot sizes, lot coverages and/or floor area ratios for each development plan submitted shall be summarized in table and map form. Information will be provided for each lot indicating proposed size, coverage, square footage and floor area ratio as related to the overall permitted coverage, floor area and minimum lot size for the pertinent district.

Where the construction of a planned development is to take place over a period of years, a phasing plan must be provided, including any terms or conditions which are intended to protect the interests of the public and of the occupants of any section of the planned development prior to the completion of the development in its entirety.

The required parking for each use must be provided on the lot on which the use is located.

Lot size averaging as described in this section is not permitted for retail sales and services or residential uses.

Above and underground parking decks shall be a permitted use in all districts where lot averaging is permitted. Such parking shall not be included in the calculation of floor area ratio.

§ 13-7.829 Mandatory Development Fees.

[Ord. No. 11-05 § 1; Ord. No. 21-09 § 1; amended2-23-2021 by Ord. No. 03-21]

Purpose.

In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27D-301 et seq., and the state constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.

Pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH was authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.

In Re Adoption of N.J.A.C. 5:96 and 5:97 by COAH, 221 N.J. 1 (2015) ("Mount Laurel IV"), the Supreme Court remanded COAH's duties to the Superior Court. As a result, affordable housing development fee collections and expenditures from municipal affordable housing trust funds to implement municipal Third Round Fair Share Plans through July 7, 2025, are under the Court's jurisdiction and are subject to approval by the Court.

This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's prior regulations and in accordance P.L. 2008, c. 46, Sections 8 and 32 through 38.[1] Fees collected pursuant to this article shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, as were codified at N.J.A.C. 5:97-8.[2]

AFFORDABLE HOUSING DEVELOPMENT

Editor's Note: See, respectively, N.J.S.A. 52:27D-329.2 and N.J.S.A. 40:55D-8.1 through 40:55D-8.7.

[2]

Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.

Definitions. The following terms, as used in this section, shall have the following meanings:

A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

COAH or THE COUNCIL

The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT FEE

Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.[3]

EQUALIZED ASSESSED VALUE

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).

GREEN BUILDING STRATEGIES

Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

[3]

Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.

Residential Development Fees.

Imposed fees.

Within all zoning district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1 1/2% of the equalized assessed value for residential development provided no increased density is permitted.

When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.

Eligible exactions, ineligible exactions and exemptions for residential development.

Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.

Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.

Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

Single-family additions less than 1,000 square feet shall be exempt from paying a development fee.

Developers of residential structures demolished and replaced as a result of a fire, flood or natural disaster shall be exempt from paying a development fee.

Nonresidential Development Fees.

Imposed fees.

Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted by this section or by the New Jersey Economic Stimulus Act of 2009,[4] shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.

[4]

Editor's Note: See N.J.S.A. 52:27D-489a et seq.

Nonresidential developers, except for developers of the types of development specifically exempted by this section or by the New Jersey Economic Stimulus Act of 2009, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.

Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.

Eligible exactions, ineligible exactions, and exemptions for nonresidential development.

The nonresidential portion of a mixed-use inclusionary or market-rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.

The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.

Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" Form. Any exemption claimed by a developer shall be substantiated by that developer.

A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.

If a property which was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by Roxbury as a lien against the real property of the owner.

Collection Procedures.

Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit.

For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

The Construction Official responsible for the issuance of a building permit shall notify the tax assessor of the issuance of the first building permit for a development that is subject to a development fee.

Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.

The Construction Official responsible for the issuance of a final certificate of occupancy notifies the Assessor of any and all requests for the scheduling of a final inspection on property that is subject to a development fee.

Within 10 business days of a request for the scheduling of a final inspection, the Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

Should the Assessor fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).

Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy. No certificate of occupancy shall be issued to the developer until all remaining developer fees have been paid in full.

Appeal of development fees.

A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by Roxbury. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by Roxbury. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

Affordable Housing Trust Fund.

There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.

The following additional funds shall be deposited in the affordable housing trust fund and shall at all times be identifiable by source and amount payments in lieu of on-site construction of affordable units; developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and any other funds collected in connection with Roxbury's affordable housing program.

The Township previously provided COAH with written authorization, in the form of a three-party escrow agreement between the Township, a bank, COAH, to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:93-8.[5] The Superior Court shall now have jurisdiction to direct the disbursement of the Township's trust funds.

[5]

Editor's Note: The regulations in N.J.A.C. 5:93 expired 10-16-2016.

All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH or a court of competent jurisdiction.

Use of Funds.

The expenditure of all funds shall conform to a spending plan approved by COAH or a court of competent jurisdiction. Funds deposited in the housing trust fund may be used for any activity approved by COAH or a court of competent jurisdiction to address Roxbury's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to, preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 5:97-8.9[6] and specified in the approved spending plan.

[6]

Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.

Funds shall not be expended to reimburse Roxbury for past housing activities.

At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the Municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.

Affordability assistance programs may include downpayment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowner's association or condominium fees and special assessments, and assistance with emergency repairs.

Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the Municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The use of development fees in this manner shall entitle Roxbury to bonus credits pursuant to N.J.A.C. 5:97-3.7.

Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

Roxbury may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.[7]

[7]

Editor's Note: The provisions of N.J.A.C. 5:96-18 expired 6-2-2015, in accordance with N.J.S.A. 52:14B-5.1b.

No more than 20% of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with monitoring requirements as set forth in the court-approved settlement agreement with Fair Share Housing Center dated April 16, 2020. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the affordable housing trust fund.

Monitoring. On or about April 16 of each year through 2025, the Township shall provide annual reporting of trust fund activity to the DCA, COAH, or NJLGS, or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center and posted on the municipal website. This reporting shall include an accounting of all housing trust fund activity, including the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Roxbury's housing program, as well as to the expenditure of revenues and implementation of the plan approved by COAH or a court of competent jurisdiction. All monitoring reports shall be completed on forms designed by COAH or other entity designated by the State of New Jersey.

Ongoing Collection of Fees. The ability of Roxbury to impose, collect and expend development fees shall expire with its court-issued judgment of compliance and repose unless Roxbury has 1) filed an adopted Housing Element and Fair Share Plan with COAH, a court of competent jurisdiction or other entity designated by the State of New Jersey; 2) has petitioned for substantive certification, or filed a declaratory judgment action; 3) and has received COAH's or a court of competent jurisdiction's approval of its development fee ordinance. If Roxbury fails to renew its ability to impose and collect development fees prior to the expiration substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). Roxbury shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance; nor shall Roxbury retroactively impose a development fee on such a development. Roxbury shall not expend development fees after the expiration of its judgment of compliance.

§ 13-7.830 (Reserved) [1]

Editor's Note: Former § 13-7.830, Subsidized Accessory Apartments, previously codified herein, was repealed in its entirety by Ord. No. 10-10.

§ 13-7.831 Sale of New or Used Motor Vehicles.

Any sale or the display for sale of new or used motor vehicles, except: (a) on the premises in a residential zone where the owner of the vehicle resides, in accordance with the provisions of Section 13-7.901E or (b) by an authorized motor vehicle dealership in accordance with the provisions of Section 13-7.3505, is prohibited in all zones.

§ 13-7.9 GENERAL PROVISIONS FOR RESIDENTIAL ZONES.

§ 13-7.901 Primary Intended Use.

[Ord. No. 07-12]

Residential zone districts are primarily designed for residential use, but permit the following uses which shall satisfy the requirements for single family dwelling units located within such residential districts:

Family day care homes as defined by Section 40:55D-66.5b of the Municipal Land Use Law.

Community residences as defined by Section 40:55D-66.2 of the Municipal Land Use Law.

Agricultural uses conducted in conformance with agricultural management practices, as defined by the New Jersey Department of Agriculture. Products shall not be sold on the premises. The keeping of any customary farm animal such as horses, ponies, cows, sheep and goats, chickens or other fowl is prohibited on lots less than five (5) acres in size and further provided the keeping of any farm animal or fowl is only permitted in a building or other enclosure, not part of which is closer to any street or road line than two hundred (200) feet or closer to any property line than two hundred (200) feet. The processing of livestock and large-scale egg production is prohibited. Except as herein above provided, the keeping of any other animal shall not be permitted in a residential district other than animals customarily regarded as household pets.

Home offices are permitted as an accessory use, provided that the following conditions are met:

The use is limited solely to office use;

The use is operated by and/or employs only full-time residents of the dwelling unit;

No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;

The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from that of the household;

Interior storage of materials shall be limited to office supplies for use on the premises;

There shall be no change to the exterior of the dwelling unit or accessory structures because of the use and no exterior evidence of business use, including without limitation, parking, storage, signs, antennas, satellite dishes, or lighting;

The use shall operate no equipment or process that creates noise, vibration, glare, light, fumes, odors, or electrical or electronic interference detectable by neighboring residents;

The use does not require utilities of a nature not typically found in residential areas and does not consume quantities of water or electricity substantially greater than is typical of residential uses;

The use does not generate solid waste other than household-type waste and does not generate such waste in quantities substantially greater than is typical of residential uses, all used office paper and cardboard shall be stored inside the dwelling and shall be recycled;

The volume of sewage or septic effluent generated by the use shall not be significantly greater than is typical of residential uses and such effluent shall not contain constituents not typically found in household sewage or septic effluent;

Delivery vehicles shall be limited to those of the U.S. Postal Service and other commercial mail and parcel delivery services that provide regular service to residential uses in the zone district;

The use shall not require or generate vehicular traffic between the hours of 6 p.m. and 8 a.m. on weekdays, or between the hours of 2 p.m. and 10 a.m. on weekends and legal holidays, and the volume and frequency of such traffic shall be limited to that which is typical of other residential uses in the zone district.

The sale of motor vehicles, trailer coaches or recreational vehicles on the premises in a residential zone where the owner of the vehicle resides is allowed as a permitted accessory use in all residential zones where the following conditions are met:

Not more than one (1) vehicle may be displayed for sale at any one time.

The vehicle may not be displayed for sale for more than three (3) consecutive months.

The vehicle must be located outside of the public right-of-way.

Not more than four (4) different vehicles may be displayed for sale within one calendar year.

A single-family dwelling may accommodate not more than one roomer, provided that there shall be no modifications to the dwelling associated therewith.

The Keeping of Chickens on Residential Lots Less Than 5 Acres. Chickens may be kept and maintained on residential lots as an accessory use on lots less than 5 acres, provided a zoning permit is first obtained from the Zoning Officer, and subject to the following requirements:

The keeping of a chicken or chickens is prohibited on a residential lot less than 15,000 square feet in size.

A certified 4-H bird/poultry project may occur on a residential lot no less than 7,500 square feet and under 15,000 square feet in size for the keeping of no more than three (3) chickens in a coop/roofed shelter no greater than 20 square feet, subject to the provisions of subsection 13-7.901G5 to G18, and an annual certification from the County 4-H Agent of program validity.

A maximum of three (3) chickens may be kept on a residential lot of 15,000 square feet or more but less than 40,250 square feet.

A maximum of six (6) chickens may be kept on a residential lot of 40,250 square feet or more but less than 5 acres.

No person shall keep a rooster on any residential lot of less than 5 acres.

Chickens shall be kept in a roofed shelter or coop which shall provide a minimum of 2 square feet per adult bird, and shall also include a fenced chicken run that provides a minimum of 4 square feet per adult bird. The shelter/coop shall not exceed 30 square feet on a lot of 15,000 square feet and greater.

The chicken shelter shall be bird and rat proof, and designed to be visually compatible with the residential area.

Chain link, metal wire or mesh fence shall fully enclose the chicken run and be securely constructed with fence or netting overhead to keep the chickens separated from other animals. Chicken run fencing shall not exceed a height of 6 feet.

All chickens shall be kept in the chicken shelter/coop or an attached fenced chicken run at all times. Chickens are not permitted to roam freely beyond the limits of the shelter/coop or chicken run.

A chicken shelter/coop and chicken run are only permitted in the rear yard and shall comply with the accessory structure setbacks for the zone, but in no case be less than 10 feet from an adjoining property line.

A minimum of 10 feet shall be maintained between the residential dwelling and chicken shelter/coop or run.

In no case shall a chicken shelter/coop or chicken run be located closer than 40 feet to any dwelling on an adjoining lot.

The chicken shelter/coop shall comply with applicable impervious coverage standards and maximum number of accessory structure requirements for the zone, although a shelter/coop no greater than 20 square feet shall not be classified as an accessory structure.

The fenced chicken run shall be well drained so that there is no accumulation of moisture. The floors and walls of the chicken shelter or coop shall be kept in a clean and sanitary condition, with all droppings collected at least weekly. Droppings shall be kept in a covered metal container until composted, applied as fertilizer or transported off-premises.

All chicken feed shall be kept in a secure covered metal container.

16.

Construction permits shall be obtained for the chicken shelter/coop, electric and heating, as applicable. Electric lines shall be installed underground.

17.

The Zoning Officer and/or Health Official shall have the right to periodically inspect the premises to ascertain compliance with these regulations and other applicable standards. Any violation of these and other applicable standards shall be grounds for the revocation of the zoning permit permitting the keeping and maintenance of chickens.

18.

Chickens shall be kept and maintained at all times in a humane manner and in accordance with good agricultural practices. The Animal Control Officer/Cruelty Investigator shall have the right to periodically inspect the premises to insure the chickens are maintained in a humane way and under humane conditions.

§ 13-7.902 Building Setback from Railroad.

In all residential districts, all principal buildings shall be set back a minimum of one hundred (100) feet from any abutting railroad right-of-way.

§ 13-7.903 Measurement of Building Setback.

[Ord. No. 17-09 § 6]

Measurement of setback distance for a residential building shall not consider: (i) projections from the foundation line for chimneys, bay windows and/or other similar features, provided they do not exceed six (6) feet in width or two (2) feet in depth, (ii) eaves extending less than three (3) feet from the building face, or (iii) uncovered stairs.

§ 13-7.904 Incongruous Building Setback or Orientation.

To the maximum extent feasible, residential buildings will be oriented toward and set back from the street on which they front in manner consistent with surrounding residences.

§ 13-7.905 Accessory Building or Structure Setback.

In all residential districts, accessory buildings or structures, excluding fences, shall be set back a minimum of ten (10) feet from a principal dwelling. Each accessory building or structure, excluding fences, shall be set back at least six (6) feet from another accessory structure. Swimming pools shall be set back a minimum of ten (10) feet from the foundation of the principal dwelling.

No more than two (2) accessory buildings shall be permitted on a residential lot.

The total ground area of all accessory buildings shall not exceed fifty (50%) percent of the ground area of the principal building on the same lot.

§ 13-7.906 Detention and Retention Basin Setback.

Stormwater detention and retention basins shall maintain a minimum twenty (20) foot setback from adjoining street rights-of-way and property lines.

§ 13-7.907 Projections Into Street Right-of-Way.

No steps, fences, walls or other above-ground object shall extend into any street right-of-way.

§ 13-7.908 Gated Access Roads.

Gated access roads are not permitted except as approved at the discretion of the Planning Board on privately-owned roads in multi-family residential districts. Gated access shall not be approved where it would have significant adverse effects on emergency access, municipal services, school bus routes, or public health and safety. The Board shall also consider the impact on traffic flow. The Board may impose conditions on the design of gated access, including, without limitation, break-away barriers, signs and appropriate turning patterns to insure emergency access by police and fire vehicles.

§ 13-7.10 R-1 RESIDENCE DISTRICT.

§ 13-7.1001 Required Conditions.

[Ord. No. 10-10]

The following requirements must be complied with in the R-1 Residence District:

Principal Permitted Uses.

Single family detached dwellings.

Essential services.

Cluster residential development in accordance with the provisions of Section 13-7.827.

Permitted Accessory Uses.

Off-street parking

Private residential tool sheds

Private residential swimming pools

Fences

Signs subject to the provisions of Section 13-8.9.

Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

Permitted Conditional Uses.

Institutional uses

Home businesses

Flag lots

Area, Yard and Building Requirements.

Minimum lot area: forty thousand two hundred fifty (40,250) square feet

Minimum lot width at setback:

Interior and cul-de-sac lots: one hundred seventy-five (175) feet.

Corner lots: two hundred (200) feet on both streets.

Minimum lot frontage:

Interior lots: one hundred fifty (150) feet.

Cul-de-sac lots: one hundred (100) feet.

Corner lots: two hundred (200) feet on both streets.

Minimum front yard setback: fifty (50) feet, except that when the existing buildings on the same side of the street within five hundred (500) feet form an established line, new buildings may conform to such established line, provided no new building may project closer than forty (40) feet to the front property line. The location of the principal structure shall be compatible with the character of the surrounding area.

Minimum rear yard setback:

Principal building: fifty (50) feet.

Accessory building: ten (10) feet.

Private swimming pool: fifteen (15) feet.

Minimum side yard setback:

Principal building: each side yard at least twenty (20) feet, and aggregate of both side yards at least twenty-three (23%) percent of lot width at setback.

Accessory building: ten (10) feet.

Private swimming pool: fifteen (15) feet.

Maximum building height:

Principal building: thirty-five (35) feet and in no event shall the building contain more than two and one-half (2-1/2) stories.

Accessory building: fifteen (15) feet.

Maximum impervious and building coverage.

Maximum impervious coverage: twenty (20%) percent of lot area.

Maximum building coverage: fifteen (15%) percent of lot area.

§ 13-7.11 R-2 RESIDENCE DISTRICT.

§ 13-7.1101 Required Conditions.

[Ord. No. 10-10]

The following requirements must be complied with in the R-2 Residence District:

Principal Permitted Uses.

Single family detached dwellings.

Essential services.

Cluster residential development in accordance with the provisions of Section 13-7.827.

Permitted Accessory Uses.

Off-street parking.

Private residential tool sheds.

Private residential swimming pools.

Fences.

Signs subject to the provisions of Section 13-8.9.

Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

Permitted Conditional Uses.

Institutional uses.

Home businesses.

Flag lots.

Area, Yard and Building Requirements.

Minimum lot area: twenty-five thousand (25,000) square feet

Minimum lot width at setback:

Interior and cul-de-sac lots: one hundred twenty-five (125) feet.

Corner lots: one hundred fifty (150) feet on both streets.

Minimum lot frontage:

Interior lots: one hundred ten (110) feet.

Cul-de-sac lots: seventy-five (75) feet.

Corner lots: one hundred fifty (150) feet on both streets.

Minimum front yard setback: fifty (50) feet, except that when the existing buildings on the same side of the street within two hundred fifty (250) feet form an established setback, new buildings may conform to such an established line, provided no new building may project closer than forty (40) feet to the front property line. The location of the principal structure shall be compatible with the character of the surrounding area.

Minimum rear yard setback:

Principal building: fifty (50) feet.

Accessory building: ten (10) feet.

Private swimming pool: fifteen (15) feet.

Minimum side yard setback:

Principal building: each side yard at least fifteen (15) feet, and aggregate of both side yards at least twenty-four (24%) percent of lot width at setback.

Accessory building: five (5) feet.

Private swimming pool: ten (10) feet.

Maximum building height:

Principal building: thirty-five (35) feet and in no event shall the building contain more than two and one-half (2 1/2) stories.

Accessory building: fifteen (15) feet.

Maximum impervious and building coverage. Maximum impervious coverage: twenty-five (25%) percent of lot area Maximum building coverage: fifteen (15%) percent of lot area

§ 13-7.12 R-2.5 RESIDENCE DISTRICT.

§ 13-7.1201 Required Conditions.

[Ord. No. 10-10]

The following requirements must be complied with in the R-2.5 Residence District:

Applicability. The following regulations shall apply in the R-2.5 Zone only in accordance with the terms of a fully executed Settlement Agreement which has been placed on file with the Roxbury Township Clerk.

Permitted Uses. The following uses are permitted in the R-2.5 Residence District:

Single family detached dwelling units.

Essential services.

Accessory Uses. The following accessory uses shall be allowed in the R-2.5 Residence District:

Accessory uses permitted in the R-1 Zone.

Such incidental uses which are customarily associated with the permitted use.

Conditional Uses.

Home businesses.

Maximum Unit Counts.

No more than 116 units shall be permitted on Lots 54.1 and 60, Block 45 and Lots 12, 51, 52 and 53, Block 45 (Bustin/Grunert Tract).

No more than 105 units shall be permitted on Lot 3, Block 33.1 (Grossman Tract).

Area, Yard and Building Requirements.

Minimum Tract Area: forty-five (45) acres.

Maximum Gross Density: two and one-half (2.5) units per acre.

Low and Moderate Income Requirements: None.

Detached Units: all residential units shall be detached units.

Impervious Coverage: maximum impervious coverage shall be no more than fifty (50%) percent of total tract area.

Minimum Lot Size: ten thousand (10,000) square foot minimum; utility easements shall be included in area for minimum building lot size purposes, however, in the event the maximum unit count cannot be achieved, then, no more than ten (10%) percent of the lots may be reduced to eight thousand five hundred (8,500) square foot lots only to the extent necessary to achieve maximum unit count.

Minimum Lot Width: 100 feet for lots with a minimum of ten thousand (10,000) square feet and eighty-five (85) feet for lots with a minimum of eight thousand five hundred (8,500) square feet. Minimum lot width shall be measured at the front yard setback line.

Minimum Lot Depth: one hundred (100) feet.

Minimum Frontage (Cul-de-sac): forty (40) feet.

Front Yard Setback: twenty (20) feet.

Side Yard Setback:

Principal Structure: there shall be two side yards and no side yard shall be less than ten (10) feet.

Accessory Structure: five (5) feet.

Private swimming pool: ten (10) feet.

Rear Yard Setback:

Principal Structure: twenty-five (25) feet.

Accessory Structure: five (5) feet.

Private swimming pool: ten (10) feet.

Maximum Height:

Principal building: thirty-five (35) feet and not more than two and one-half (2-1/2) stories

Accessory building: fifteen (15) feet

Maximum impervious and building coverage. Maximum impervious coverage: thirty-five (35%) percent of lot area Maximum building coverage: twenty-five (25%) percent of lot area

§ 13-7.13 R-3 RESIDENCE DISTRICT.

§ 13-7.1301 Required Conditions.

[Ord. No. 10-10]

The following requirements must be complied with in the R-3 Residence District:

Principal Permitted Uses.

Single family detached dwellings.

Essential services.

Permitted Accessory Uses.

Off-street parking

Private residential tool sheds

Private residential swimming pools

Fences

Signs subject to the provisions of Section 13-8.9.

Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

Permitted Conditional Uses.

Institutional uses.

Home businesses.

Area, Yard and Building Requirements.

Minimum lot area: fifteen thousand (15,000) square feet.

Minimum lot width at setback:

Interior and cul-de-sac lots: one hundred (100) feet.

Corner lots: one hundred twenty (120) feet on both streets.

Minimum lot frontage:

Interior lots: ninety (90) feet.

Cul-de-sac lots: seventy (70) feet.

Corner lots: one hundred twenty (120) feet on both streets.

Minimum front yard setback: thirty-five (35) feet, except that when the existing buildings on the same side of the street within two hundred (200) feet form an established line, provided no new building may project closer than twenty-five (25) feet to the front property line. The location of the principal structure buildings shall be compatible with the established character of the surrounding area.

Minimum rear yard setback:

Principal building: thirty-five (35) feet.

Accessory building: five (5) feet.

Private swimming pool: ten (10) feet.

Minimum side yard setback:

Principal building: each side yard at least ten (10) feet, and aggregate of both side yards at least twenty (20%) percent of lot width at setback.

Accessory building: five (5) feet.

Private swimming pool: ten (10) feet

Maximum building height:

Principal building: thirty-five (35) feet and in no event shall the building contain more than two and one-half (2 1/2) stories.

Accessory building: fifteen (15) feet.

Maximum impervious and building coverage:

Maximum impervious coverage: twenty-five (25%) percent of lot area

Maximum building coverage: fifteen (15%) of lot area

§ 13-7.14 R-4 RESIDENCE DISTRICT.

§ 13-7.1401 Required Conditions.

The following requirements must be complied with in the R-4 Residence District:

Principal Permitted Uses.

Single family detached dwellings.

Essential services.

Permitted Accessory Uses.

Off-street parking.

Private residential tool sheds.

Private residential swimming pools.

Fences.

Signs subject to the provisions of Section 13-8.9.

Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

Permitted Conditional Uses.

Institutional uses.

Home businesses.

Area, Yard and Building Requirements.

Minimum lot area: seven thousand five hundred (7,500) square feet.

Minimum lot width at setback:

Interior and cul-de-sac lots: fifty (50) feet.

Corner lots: seventy-five (75) feet on both streets.

Minimum lot frontage:

Interior lots: fifty (50) feet.

Cul-de-sac lots: fifty (50) feet.

Corner lots: seventy-five (75) feet on both streets.

Minimum front yard setback: thirty (30) feet, except that when the existing buildings on the same side of the street within two hundred (200) feet form an established setback, new buildings, may conform to such an established line, provided no new building may project closer than twenty five (25) feet to the front property line. The location of the principal structure buildings shall be compatible with the established character of the surrounding area.

Minimum rear yard setback:

Principal building: twenty five (25) feet.

Accessory building: five (5) feet.

Private swimming pool: ten (10) feet.

Minimum side yard setback:

Principal building: each side yard at least ten (10) feet, and aggregate of both side yards at least fifteen (15%) percent of lot width at setback.

Accessory building: five (5) feet.

Private swimming pool: ten (10) feet

Maximum building height:

Principal building: thirty-five (35) feet and in no event shall the building contain more than two and one-half (2 1/2) stories.

Accessory building: fifteen (15) feet.

Maximum impervious and building coverage

Maximum impervious coverage: thirty-five (35%) percent of lot area

Maximum building coverage: twenty (20%) percent of lot area

§ 13-7.15 R-5 MULTI-FAMILY RESIDENCE DISTRICT.

§ 13-7.1501 Principal Permitted Uses.

Multi-Family Housing. Owner-occupied two-family and four-family quadruplex and townhouse residences on a comprehensively designed neighborhood basis in accordance with the Required Conditions set forth in Section 13-7.1502A. On-site affordable housing may be constructed as condominium apartments.

[Ord. No. 02-05 § 1]

Age-Restricted Condominiums. Owner-occupied condominiums restricted to occupancy by households having at least one member fifty-five (55) years of age or older, with no children under 19 years of age in permanent residence, designed and administered in accordance with the Required Conditions set forth in Section 13-7.1052B.

[Ord. No. 02-05 § 1]

Essential Services.

[Ord. No. 02-05 § 1]

§ 13-7.1501.1 Conditional Uses.

Existing single-family dwellings may be maintained and expanded provided that the front, rear and side yard setback, building height and lot/building coverage requirements for the R-3 District (Section 13-7.1301D, paragraph 4 through 8) are complied with, or any existing deviation therefrom is not increased.

§ 13-7.1502 Required Conditions for Multi-Family Housing.

[Ord. No. 02-05 § 2]

The following requirements apply to multi-family housing development pursuant to Section 13-7.1501A.

Minimum Tract Size. The minimum tract of land to be developed on a comprehensively designed residential neighborhood basis in the R-5 Multiple-Family Residence Zone shall be at least five (5) acres.

Gross Residential Density. The gross residential density within any designed residential neighborhood development in the R-5 Multiple-Family Residence Zone shall not exceed five (5) dwelling units per gross acre; provided, however, that no more than one-third of the dwelling units in such development shall be four-family quadruplexes and, provided further, that two-family dwellings shall be permitted on an individual lot basis on tracts of less than five (5) acres and shall have a minimum lot area of not less than six thousand five hundred (6,500) square feet measured within one hundred (100) feet of the front street right-of-way and in all other respects conform to the requirements of this Section.

B.1.

Set Aside Provisions. Not less than twenty (20%) percent of the gross residential unit density shall be set aside as low and moderate income dwelling units pursuant to the requirements set forth in Section 13-7.826. With the consent of the Township Council, a Regional Contribution Agreement or payment in lieu of construction may be substituted for on-site affordable housing, provided that the number of market units is not increased.

Setback on Existing Roads. A minimum setback distance or front yard of fifty (50) feet shall be provided on all existing Township, County and State roads.

Boundary Line Setback. No building or structure shall be erected closer than fifty (50) feet to the zone boundary line within the R-5 Zone and a buffer area of at least twenty-five (25) feet in width shall be maintained along said zone boundary. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or non-existent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to insure continuity of development with adjoining properties. Said buffer area may be included for purposes of computing required open space within the R-5 Zone. The buffer area may be reduced or eliminated by the Planning Board where the development within the R-5 Zone is consistent or compatible with adjoining uses.

Street Setback on Interior Roads. No building or structure shall be erected within twenty-five (25) feet of the right-of-way of any interior public or private street or road.

Street Access. Every two-family or four-family dwelling unit shall have access to a street or court dedicated to public use or subject to an easement for access. The boundaries and extent of the lot upon which any two-family or four-family dwelling is located shall be clearly defined and monumented pursuant to Township of Roxbury Land Use Ordinance procedure.

Street Widths. The right-of-way and pavement widths of interior roads serving developments in the R-5 Zone shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs including access for fire fighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than thirty (30) feet and the widths of sidewalks shall be not less than four (4) feet. Dedicated streets shall conform to Township Specifications.

Height. No building shall exceed a maximum of three (3) stories nor forty (40) feet in height.

Distance Between Structures. No residential structure, no additions thereto nor any structures accessory thereto shall be erected closer than 30 feet to another such structure.

Townhouse Structures. A townhouse dwelling structure shall contain not more than eight townhouse dwelling units. No townhouse dwelling structure shall have more than two (2) continuous attached townhouse dwelling units with the same setback and variations in setback shall be at least four (4) feet. Variations shall also be achieved by the type of roof, including the height of eaves and peaks and by architectural treatment of the building facade. Building plans and elevations shall accompany the application and shall show a variation in design of units and structures sufficient to satisfy the intent of this provision.

Fire Walls. Provision shall be made for fire wall construction between all dwelling units within the R-5 Multiple Family Residence Zone.

Utilities and Services. The developer shall furnish as a condition precedent to action by the Planning Board, an acceptable public water supply and sanitary sewer facilities based upon written agreements and written approval of appropriate Township and State authorities. The developer shall provide for all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities and lighting, making reasonable provision for service connections with adjoining properties in other ownership.

Off-Street Parking Requirements. Within any development in the R-5 Multiple Family Residence Zone, there shall be provided conveniently located off-street parking facilities for all buildings as set forth in Section 13-8.701.

Common Open Space Requirements. At least twenty-five (25%) percent of the total land area of a development within the R-5 Multiple Family Residence Zone shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped. These common open spaces, where not developed as provided herein, shall be kept in their natural state where wooded and, where natural vegetation is sparse or non-existent, the Planning Board may require the provision for reasonable landscaping of these areas.

Recreation. At least seven (7%) percent of the total area of the tract shall be improved for active recreational purposes for the use of the owners or occupants of the development of the Township at large in accordance with a plan specifying the types of improvements, which plan shall be furnished by the developer at the time of application and approved by the Planning Board. Such recreational improvements may include, but are not limited to such things as tot lots, intermediate play areas or swimming pools.

Ownership and Maintenance of Common Open Space. The landowner may provide for and establish an organization for the ownership and maintenance of any common open space and such organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space, or by dedicating the same to the Township, only if the Township agrees to accept such dedication.

Protection of Open Spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

Lot Designation. Pursuant to all required land development regulations, every structure or group of structures and uses and every designed lot area or cluster of units having services, facilities or utilities in common private usage and in common ownership or control by its occupants or which functions as an independent corporate property owner or agent of management shall be located upon and within a lot or plat of land which shall be fully dimensioned and designated as representing the area of responsibility and extent of such individual or group ownership or management as may be established by ownership in full or partial fee or for lease under deed covenant, lease, contract or such other conditions of usage or occupancy legally established and recorded therefor; and a description of each such lot shall be filed.

§ 13-7.1502.1 Required Conditions for Age-Restricted Condominiums.

[Ord. No. 02-05 § 3]

The following requirements apply to age-restricted condominium development pursuant to Section 13-7.1501B.

Minimum Tract Size. A minimum tract of contiguous parcels comprising an area of not less than fifty (50) acres is required (the "Development Tract").

Gross Residential Density. The gross residential density for the Development Tract shall not exceed five (5.0) dwelling units per gross acre, provided however, that total dwellings shall be two hundred sixty (260) units, unless that number is reduced pursuant to paragraph D. hereof.

Conceptual Site Plan. The development shall be substantially consistent with the Conceptual Site Plan prepared by Ritter & Plante Associates, dated, May 23, 2003, revised to August 26, 2003 (the "Conceptual Site Plan") and shall comprise three (3) buildings, each containing three (3) floors over a partially exposed parking level, with "partially exposed" meaning that some portions of the parking levels may be at grade, while other portions of the parking levels may be partially below grade. No more than ninety (90) dwelling units shall be contained in a single building.

Set Aside Provisions. Twenty percent of the housing units provided on site shall be set aside as low and moderate income owner-occupied dwelling units pursuant to the requirements set forth in Section 13-7.826. All such low and moderate income units shall comply with all applicable State and local requirements and shall be qualified to be credited by the Council on Affordable Housing toward the fulfillment of the Township's third round Mt. Laurel obligation. In the event that some or all such units cannot be credited toward the Township's third round Mt. Laurel obligation, then upon the request of the Township Council, a Regional Contribution Agreement ("RCA") or payment in lieu of construction shall be substituted for the non-credited units, provided that such payment in lieu of construction, as opposed to the provision of low and moderate units on site, will not decrease the likelihood that the site may be developed pursuant to this ordinance. In the event that payment in lieu of construction required by Township Council, such payments shall be governed by the regulations of the Council on Affordable Housing governing RCA payments, with the property owner to make such an RCA payment for each low and moderate income housing unit that is not constructed on the site. To the extent that the developer is required to make RCA payments in lieu of construction of low and moderate income units on the site, the developer shall be entitled to develop a number of market units on site, in addition to the two hundred eight (208) market units otherwise allowed, equivalent to one-half (1/2) the number of low and moderate income units, if any, that are not built on site, rounded off to the next highest whole number.

Age-Restrictions. Approval of an age-restricted condominium development shall be conditioned upon the insertion of restrictive covenants, in a manner satisfactory to the attorney for the approving Board, in the deeds to all portions of the Development Tract to insure that occupancy will be limited to households having at least one member fifty-five (55) years of age or older, with no children under nineteen (19(years of age in permanent residence, pursuant to the Federal Fair Housing Act. A condominium owners' association will enforce and administer the age restrictions.

Bedroom Mix. For market units, there shall be no restriction as to bedroom mix, provided that the number of bedrooms of any such unit shall not exceed two (2). For on-site affordable units, the number of bedrooms shall be subject to Council on Affordable Housing regulations and Section 13-7.826 of the Township's Land Development Ordinance, provided that no affordable unit shall have more than two (2) bedrooms.

Integration of Affordable Units. On-site low and moderate income units shall be fully integrated with market units, with not more than thirty (30%) percent nor less than ten (10%) percent of the dwelling units in any building being affordable units.

Property Dedication. The undisturbed area of the Development Tract (comprising Block 9302, Lot 1, and Block 9401, Lot 13), substantially as depicted on the Conceptual Site Plan, shall be preserved in its natural state pursuant to a conservation easement enforceable by the Township. Furthermore, the developer shall deed restrict against further development and offer to dedicate to the Township Block 9401, Lots 1 and 12 (the "Dedicated Parcels").

Steep Slopes and Ridgelines. By clustering development in one area of the Development Tract, providing structured and surface parking, and providing a conservation easement over the undeveloped portion of the Tract, the Conceptual Site Plan adequately reduces and minimizes the disturbance of steep slopes and ridgelines. Consequently, and in furtherance of providing affordable senior housing, the provisions of Section 13-7.818 shall not apply to development of the Tract in accordance with the Conceptual Site Plan.

Landscaping and Tree Conservation. As part of a development application implementing the Conceptual Site Plan, the developer shall include a comprehensive landscaping and tree conservation plan covering the Development Tract, which plan shall have been approved by the Township Planner. By clustering development in one area of the Development Tract, providing structured and surface parking, providing a conservation easement over the undeveloped portion of the Tract, and incorporating the approved landscaping and tree conservation plan, the Conceptual Site Plan adequately reduces and minimizes the disturbance of trees. Consequently, and in furtherance of providing affordable senior housing, the development of the Tract in accordance with the Conceptual Site Plan and the approved landscaping and tree conservation plan shall be deemed to satisfy the requirements of Ordinance Section 13-11 regulating Tree Conservation, and no payments for the removal or replacement of trees shall be due.

Internal Roadways and Detention Basins. All internal roadways and detention basins constructed in the Development Tract shall be privately owned and maintained by a condominium owners' association and shall be in accordance with the Residential Site Improvement Standards.

Public Transportation. A condominium owners' association shall provide for the local public transportation needs of the senior occupants of the development, with "local" meaning within the Township and a five (5) mile radius around the Township's boundaries. The developer shall contribute to the association the initial funds necessary to acquire or lease, operate and maintain a new bus and to provide local bus service similar to the Township's "Dial-a-Ride" program. The developer's obligation to fund the operation and maintenance of said local bus service shall cease upon transition of the community to the condominium association, at which point the same will be funded through condominium fees.

Building Height. No building shall exceed three stories, exclusive of the partially exposed parking level, nor forty-eight (48) feet in height.

Building Setbacks. Minimum building setbacks shall be one hundred fifty (150) feet from Route 80, two hundred (200) feet from Route 46, one hundred (100) feet from all other property boundaries, twenty-five (25) feet from internal streets, fifteen (15) feet from driveways, one hundred twenty-five (125) feet from adjoining structures and 15 feet from parking.

Maximum Coverages. Maximum building coverage ten (10%) percent. Maximum lot coverage twenty (20%) percent. Both coverages shall be calculated based on the area of the Development Tract only.

Off-Street Parking. Adequate space to construct not less than four hundred eight (480) off-street parking spaces shall be provided. The number of parking space to be built shall be based on need as determined by the Planning Board, which shall also determine the number of spaces to be banked for potential future need.

Recreational and Meeting Areas. Each building shall contain a meeting room and recreational facilities adequate to accommodate thirty (30) occupants. Within one of the buildings there shall be a meeting room large enough to accommodate seventy-five (75) members of the condominium owners' association. There shall be at least one (1) outdoor recreational area. The nature, location and extent of these amenities, to the extent not addressed in the Conceptual Site Plan, are left to the discretion of the developer, consistent with principles of sound planning.

Sidewalks. Sidewalks shall provide access between buildings and to parking areas and internal roadways. Internal roadways shall have sidewalk along one side. Sidewalk shall be provided along the Route 46 frontage of the Development Tract. Additional sidewalks shall be provided if required by the Residential Site Improvement Standards.

Maintenance of Open Space and Common Areas. Undeveloped areas within the Development Tract which are subject to a conservation easement pursuant to paragraph H hereinabove and all other common areas shall be owned and maintained by a condominium owners' association.

Utilities. Site plan approval for the Development Tract shall be conditioned upon the provision of a sufficient public water supply and sanitary sewer facilities based upon written agreements with and/or approvals by appropriate Township and State authorities. The Township shall fully cooperate with the developer in its efforts to secure public water and sewer service, and shall promptly take affirmative actions, as needed, to facilitate and provisions of a sufficient public water supply and sanitary sewer. The provision of Roxbury municipal water is subject to the availability of adequate capacity and to prior vested rights of other parties with respect to available capacity. Allocation of water to the development shall be governed by Section 12-2.12, "Water Allocation", of the Township's Revised General Ordinances.

Compliance. The age-restricted condominium development shall comply with all other applicable requirements of the Township's Land Development Ordinance, except to the extent inconsistent with provisions of this Section 13-7.1502B or with the Conceptual Site Plan. If strict compliance with any provision(s) of the Township's Land Development Ordinance would render the development of two hundred sixty (260) units in accordance with this subsection infeasible, then the requirement(s) of such provision(s) shall be deemed superseded to the extent necessary to allow the development of two hundred sixty (260) units. The developer shall not be required to request or obtain variance or design waiver relief with respect to any such superseded requirements(s).

§ 13-7.1503 Procedural Requirement.

Site Plan Application. All applicants for development in the R-5 Multiple Family Residence Zone shall be required to submit a site plan to the Planning Board pursuant to the provisions of Article 5 for its review and approval.

Subdivision Application. Where a development in the R-5 Multiple Family Residence Zone will also require the subdivision of land, the applicant shall file a concurrent application for subdivision pursuant to the requirements of this Ordinance.

Sedimentation Control Plan. Every application for development in the R-5 Multiple Family Residence Zone shall be accompanied by a sediment control plan which shall be reviewed and approved in accordance with the provisions of State statutes.

Environmental Impact Statement. Every application for development in the R-5 Multiple Family Residence Zone shall be accompanied by an environmental impact statement which shall be approved by the Planning Board after review and recommendation by the Roxbury Environmental Commission.

§ 13-7.15A R-6 PLANNED RESIDENTIAL CLUSTER DISTRICT.

§ 13-7.15A01 Permitted Use.

This district permits residential single family development planned as a single development project for the entire district. The development shall be substantially consistent with the conceptual site plan design prepared by Johnson Engineering Incorporated - Engineers, Surveyors, Landscape Architects, and Planners of Morristown, NJ, dated October 1, 1993, revised to May 8, 1996. Within this zone the total number of units may not be increased beyond that permitted below. Development in the zone shall meet the following required conditions.

§ 13-7.15A02 Permitted Accessory Uses.

Accessory uses permitted in the R-1 Zone.

§ 13-7.15A03 Zoning Standards.

The following requirements must be complied with in the R-6 Residential District.

Minimum Development Tract Size. There shall be a minimum development tract size of one hundred seventy-five (175) acres which will be planned, approved and developed as a single entity. Properties not meeting the minimum development tract size shall be developed in accordance with the R-1 District requirements.

Density. The maximum density shall be 1.10 dwelling units par gross acre; however, total units shall not exceed 190 units as specified in section 13-7.15A01 above.

Minimum Lot Area. There shall be a minimum lot area of ten thousand (10,000) square feet for each lot. However, up to ten (10%) percent of the lots may be reduced to a minimum area of eight thousand five hundred (8,500) square feet, having a minimum lot width of eighty-five (85) feet.

Front Yard. There shall be a minimum front yard setback of twenty-five (25) feet.

Side Yard. There shall be two (2) minimum side yard setbacks of fifteen (15) feet each.

Rear Yard. There shall be a minimum rear yard setback of thirty (30) feet.

Usable Rear Yard. There shall be a usable rear yard of a depth not less than twenty (20) feet having a slope not exceeding fifteen (15%) percent. Lots which cannot achieve the minimum usable rear yard shall be permitted where building construction, grading, drainage, retaining walls, decks or other methods are utilized to minimize the disturbance of slopes exceeding fifteen (15%) percent to the reasonable satisfaction of the Planning Board.

Lot Width. Except as provided for in paragraph C. above, there shall be a lot width of not less than one hundred (100) feet measured along the front setback line. On cul-de-sac bulbs, the minimum lot width may be reduced to eighty-five (85) feet provided that the ten thousand (10,000) square foot lot area is met, without reducing lot areas as provided for under paragraph C. above.

Building Height. Notwithstanding section 13-1.2, no building shall exceed a maximum of thirty-five (35) feet as measured as the vertical distance from the average ground elevation around the foundation to the level of the highest point of the roof surface if the roof is flat, or in the case of sloping roofs, to a point one half the distance between the top of the uppermost plate and the highest point of the roof.

Intensity of Development and Lotting Pattern. Pursuant to the discussions between the Township and the representatives of the lands within this zone, which discussions have led to a Mount Laurel Agreement, and to the establishment of the zone, the intensity of development shall be a maximum total of 190 single family units. The layout of the units, lots and roadways within this zone shall be substantially in keeping with the conceptual site plan prepared by Johnson Engineering Incorporated - Engineers, Surveyors, Landscape Architects and Planners of Morristown, NJ, dated October 1, 1993, revised to May 8, 1996.

Common Open Space Requirements. Notwithstanding Section 13-7.827A through H, at least thirty-five (35%) percent of the total land area of the development tract shall be devoted to common open space, as defined herein Said open space may be developed with active or passive recreational facilities or may remain undeveloped. A minimum of one tot lot with seating and landscaping or play field with children, playground, seating and landscaping shall be incorporated in the open space and connected to the sidewalk network. The common open spaces where not developed, shall be kept in their natural state, except that street trees will be provided as required by the Planning Board, The open space shall comply with the provisions of Section 13-7.827 L, M and N.

Ownership of Common Open Space. The common open space shall be owned by a homeowners association. However, at the developer's option and upon approval of the Township Council, the common open space may be deeded to the Township, including detention basin facilities, provided that the developer contribute an amount to be determined by the Township toward future maintenance.

Sections 13-5.103 and 13-5.104 shall be omitted when property is developed in accordance with section 13-7.15A01. In lieu thereof, developer shall provide population projections with breakdown of school age children.

Accessory Structures. Accessory structures shall have minimum side and rear yard setbacks of five (5) feet. Private swimming pools shall have side and rear yard setbacks of ten (10) feet.

Reverse Frontage Lots. Where a lot has frontage on Villages Boulevard without direct access thereto, accessory buildings, private swimming pools and fences not exceeding six (6) feet in height shall be provided with a minimum rear yard setback of twenty-five (25) feet from the right-of-way, and evergreen landscaping shall be provided between the structure and the right-of-way.

§ 13-7.15A04 Required Design Conditions.

The following design standards must be complied with in the R-6 Residential District.

Notwithstanding Sections 13-8.202A and 13-8.205F, the layout of dwellings, lots and roadway shall be in accordance with the requirement identified in Section 13-7.15A03J. However, developer will provide for sight easements at intersections.

Slopes. Each lot created shall have an area of ten thousand (10,000) square feet (or 8,500 square feet if reduced per Section 13-7.15A03C) containing slopes less than twenty (20%) percent in accordance with the requirements identified in Section 13-7.15A03J. The provisions listed in Section 13-7.818 shall not apply in this zone as it is exempt under paragraph D1. when developed in accordance with the permitted use and approved conceptual site plan and providing off-site affordable housing. Not more than fifteen (15) acres of slopes in excess of twenty (20%) percent shall be disturbed for the entire project.

Where residential lots contain slopes of twenty (20%) percent or more and/or where such slopes will be disturbed for the development of lots or housing structures, detailed architecture and grading may be required for individual lots to minimize slope disturbance. Where necessary, the architecture of the unit may be required to be altered to accommodate slopes with the least possible impact. Ten (10) foot contour intervals shall be utilized for all slope calculation purposes as shown on the conceptual site plan identified in Section 13-7.15A03J. Notwithstanding the provisions of 13-8.605A, for engineering design purposes, construction drawings, site plans, on subdivision plans and profiles will be prepared at 1" = 50' using 2 foot contours and plan and profiles may be on separate sheets.

Notwithstanding Section 13-8.806.3, a buffer strip of no less than thirty (30) feet shall be located along Shippenport Road. The buffer strip shall contain deciduous trees, evergreens, shrubs, berming and fencing reasonably deemed to be sufficient by the Planning board to screen the residential uses from the roadway. This buffer strip shall be deed restricted as an easement and the individual lot owners shall be responsible for its maintenance. On all other reverse frontage lots, landscape buffers will be provided.

Direct access from any lot to Shippenport Road will be prohibited by a deed restriction imposed on the lot.

Notwithstanding Sections 13-8.604A, 13-8.201B, 13-8.201C and 13-8.205F, the road and lot layout shall be in accordance with the requirement identified in Section 13-7.15A03J. However, no cul-de-sac will permit more than twenty-five (25) residences unless there is an emergency access or boulevard type entrance provided, whereupon there can be up to thirty-five (35) residences on a cul-de-sac. However, sight easements at intersections will be provided.

A minimum centerline radius of one hundred (150) feet shall be maintained on all roads except collector roads which shall have a minimum centerline radius of three hundred (300) feet.

The residential collector streets shall have a minimum thirty-six (36) feet pavement width. Residential access streets will have a minimum pavement width of thirty (30) feet with a six (6) inch crown. Cul-de-sac bulbs shall have a radius of fifty (50) feet right-of-way and 40' pavement. All road and intersection grades shall not exceed ten (10%) percent as shown on the conceptual site plan and profiles identified in Section 13-7.15A03J above. Notwithstanding 13-8.606, the maximum centerline grade for roads in a stop condition or through a cul-de-sac bulb shall be 5%. All roads will be dedicated to the Township. Notwithstanding Section 13-8.501G11d, all RCP classes shall meet ACPA standards for depth of cover.

No dwelling units shall be constructed in any power company easement area. All easements will be included in minimum lot size areas.

Notwithstanding the provisions of Section 13-8.405F, surface water may be diverted from one minor drainage basin to another provided that these minor basins both drain to the greatest extent possible to the same major drainage basin. Stormwater measures will be designed using the "Q" for actual site conditions and will be designed to control the rate of runoff for the 2, 5, 10 and 100 year storm frequencies and meet water quality standards for a 1 year storm, for post development conditions.

In substitution of the provisions of Ordinance 9-94 and, notwithstanding Sections 13-11, 13-8.808 and 13-8.803D, the site shall be reforested at a density of 2.0 trees per two thousand five hundred (2,500) square feet of disturbed building lot area and 2 per two thousand five hundred (2,500) square feet for disturbed area of open space/detention/road area as directed by the Township Planner, not including street trees which will be planted forty (40) feet on center. Street trees will be deciduous hardwoods and be 2 1/2" to 3" caliper. All other tress will be of mixed variety of 2" - 2 1/2" caliper.

Landscape Screening. Dwellings with rear yard exposure to interior roads shall be screened between the road and building with plantings consisting of a combination of evergreen trees, shade trees, ornamental trees, and/or shrubs, as per Section 13-8.806.3.

Detention basins shall be landscaped as directed by the Planning Board.

Architectural Design. There shall be a minimum of three (3) different model types with varying architectural facades along each cul-de-sac and interior road. Each dwelling shall be provided with a garage for the storage of at least one car. All elevations facing streets shall, to the extent practicable, be articulated through window placement, roof pitch, wall setbacks, building materials, etc. No more than thirty (30%) percent of the dwellings shall have front elevations flush or even with the garage.

Identification Signs. Notwithstanding Section 13-8.9, there may be two entrance monuments with signs constructed at the major point(s) of access to the community. Each sign shall be no larger than thirty (30) square feet, shall not exceed seven (7) feet in height, and shall not obstruct sight triangles. To the greatest extent possible, these entrance signs and monuments shall be in keeping with the architectural theme of the development, subject to the review and approval of the Planning Board. Signs may be illuminated using low wattage (75 watts or less) flood lights.

Street Lights. Decorative street lights to be approved by the Planning Board and to be selected from an approved fixture list provided by Jersey Central Power and Light Company and shall be located along existing and proposed streets where deemed necessary for safety.

Preliminary Approval. Due to the size and nature of the zone, the Planning Board shall grant a preliminary approval for a minimum of six (6) years. There may be up to six (6) model homes constructed, prior to final approval. At the developer's option, the site may be sectionalized.

Notwithstanding the provisions of Sections 13-7.819 and 13-8.205B, NJDEP regulations as to buffers and building setbacks from regulated features shall apply.

Notwithstanding the provisions of Section 13-8.803A, top soil in excess of 6" may be removed from the site upon issuance of a soil movement permit.

Notwithstanding Sections 13-8.809B and 13-8.809J, all retaining walls involved in lot grading shall be approved by the Township Engineer.

Notwithstanding the provisions of Section 13-8.205A, all utility and drainage easement widths shall be twenty (20) feet wide, except for sanitary sewer in excess of fifteen (15) feet deep as per Section 13-8.501G8.

Notwithstanding the provisions of Section 13-8.3, a soil erosion sediment control plan shall be prepared in accordance with and approved by the Morris County Soil Conservation District.

Notwithstanding the provisions of Section 13-8.500F, conduit or sleeves may be placed for the future laying of utilities.

Notwithstanding the provisions of Section 13-8.603L, there shall be a minimum tangent length of one hundred (100) feet between reverse curves.

The provisions of Section 13-8.612I shall not apply.

Notwithstanding Section 13-8.501G11d, all RCP classes shall meet ACPA standards for minimum depth of cover.

§ 13-7.16 R-1.8 RESIDENCE DISTRICT.

§ 13-7.1601 Principal Permitted Use.

The R-1.8 Residence Zone is established and designed to encourage the development of low and moderate income housing through provisions for setaside units or monetary contributions for the construction of low and moderate income housing in Roxbury Township in order to meet the Township's obligations under the Mt. Laurel II decision of the New Jersey Supreme Court and the Council on Affordable Housing pursuant to the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) and its attendant rules and regulations. Single-family detached dwellings are permitted when comprehensively designed on a residential neighborhood basis.

§ 13-7.1602 Permitted Accessory Uses.

Accessory uses permitted in the R-1 Zone.

§ 13-7.1603 Permitted Conditional Uses.

Home Businesses.

§ 13-7.1604 Prohibited Uses.

Any use other than those uses listed in Sections 13-7.1601, 13-7.1602 and 13-7.1603 above are prohibited.

§ 13-7.1605 Required Conditions.

The following requirements must be complied with in the R-1.8 Residence District.

Minimum Tract Size. The minimum gross tract size (including buffer areas, easements, open spaces and wetlands) authorized for development within this zone shall be one hundred eighty-five (185) acres.

Minimum Lot Area: Each lot shall contain a minimum lot area of seven thousand five hundred (7,500) square feet.

Minimum Lot Width (measured at front yard setback):

Corner Lot	100 feet
Interior Lot	75 feet
Cul-de-sac Lot	65 feet

Intensity of Development. Pursuant to discussions between the Township and the representatives of the lands within this zone, which discussions have led to the establishment of the zone, the intensity of development shall not exceed a density of 1.80 units per acre based on the total land area of the development, consisting of single-family detached dwellings. The development shall not exceed a total of three hundred thirty-five (335) dwelling units.

Setaside Provisions. Provisions shall be made for a set aside of eighty (80) on-site low and moderate income units pursuant to the requirements set forth in Section 13-7.826, Low and Moderate Income Housing, and all other applicable provisions of this chapter, or alternatively, a monetary contribution to the Township Housing Trust Fund in the amount of $1,600,000.00 for the construction of low and moderate income housing within Roxbury Township as evidenced by a developers' agreement with the Roxbury Township Council.

Setbacks. All buildings and structures shall be erected in accordance with the following:

Setbacks on Existing Roads. A minimum setback distance or front yard of fifty (50) feet shall be provided.

Setbacks on Minor Roads. A minimum setback distance or front yard of twenty-five (25) feet shall be provided.

Setbacks on Culs-de-sac. A minimum setback distance or front yard of twenty (20) feet shall be provided.

Setbacks on Collector Roads. A minimum setback distance of twenty-five (25) feet shall be provided.

Rear Yard Setback:

Principal building: A minimum setback of twenty-five (25) feet shall be provided, except where a lot is adjacent to Mountain Road or Mooney Road, the setback shall be fifty (50) feet.

Accessory building: A minimum setback of five (5) feet shall be provided.

SINGLE-FAMILY DETACHED DWELLING

Private swimming pool: A minimum setback of ten (10) feet shall be provided.

Side Yard Setback. Each side yard setback shall be a minimum of ten (10) feet.

Boundary Line Setback. No building or structure shall be erected closer than twenty-five (25) feet to the zone boundary line within the R-1.8 Zone and buffer area of at least twenty-five (25) feet in width shall be maintained along said zone boundary. This provision shall not apply to existing road frontage which serves as a zone boundary. The buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to insure continuity of development with adjoining properties. The buffer area may be reduced or eliminated by the Planning Board where the development within the R-1.8 Zone is consistent or compatible with adjoining uses.

No lot shall access on Mountain or Mooney Road.

Reverse Frontage and Corner Lots: Where a lot has frontage on Conkling Road or Mountain Road without direct access thereto, accessory buildings, private swimming pools and fences not exceeding six (6) feet in height shall be provided within a minimum rear/side yard of twenty- five (25) feet from the right-of-way, and evergreen landscaping shall be installed between the structure and the right-of-way.

Maximum Lot Building Coverage: twenty-five (25%) percent, Maximum Lot Coverage: thirty-five (35%) percent.

Street Widths. Right-of-way and pavement widths of interior roads serving developments in the R-1.8 Zone shall be as follows:

Street Classification	Right-of-Way Width	Cartway Width
Collector Road	60 feet	36 feet
Minor Roads	50 feet	30 feet
Cul-de-sac Roads	50 feet	26-30 feet

All road right-of-way shall be dedicated to and maintained by the Township.

Height. No principal building shall exceed a maximum of two and one-half (2-1/2) stories nor thirty-five (35) feet in height. No accessory building shall exceed a maximum of fifteen (15) feet in height.

Architectural Design. There shall be a minimum of three (3) different model types with varying architectural facades along each cul-de-sac and interior road. Each dwelling shall be provided with a garage for the storage of at least one car. All elevations facing streets shall, to the extent practicable, be articulated through window placement, roof pitch, wall setbacks, building materials, etc. No more than thirty (30%) percent of the dwelling shall have front elevations flush or even with the garage.

Street Lights. Decorative street lights to be approved by the Planning Board and to be selected from an approved fixture list provided by Jersey Central Power & Light Company and shall be located along existing and proposed streets where deemed necessary for safety.

Landscape Screening. Dwellings with rear yard exposure to existing and interior roads shall be screened between the road and building with plantings consisting of a combination of evergreen trees, shade trees, ornamental trees, and/or shrubs.

Landscape Treatment of Single Family Dwellings. The landscaping of single family dwellings shall contain the following:

Landscaping such as foundation planting and/or planting masses shall be provided within the front yard (including the front yard of a reverse frontage lot or corner lot) in order to reduce the scale of the development. Partial landscaping shall be provided along side and rear building elevations so as to permit infill planting by the homeowner.

Street Trees. Street trees spaced forty (40) feet on center at a two and one-half (2-1/2) to three (3) inch caliper shall be provided along all streets.

Utilities and Services. Except as otherwise provided in any Memorandum of Understanding or other Agreement between the Municipality and the developer, the developer shall furnish an acceptable public water supply and sanitary sewer facility based upon written agreements and written approval of appropriate Township and State authorities. The developer shall provide for all necessary storm drainage facilities (including retention and detention basins), road access, paved service streets, lighting and fire protection systems, making reasonable provision for service connections with adjoining municipal facilities. All such facilities and installations shall become the property of the Township. The developer shall dedicate or provide such easements as are necessary to accomplish the foregoing. Off-tract and off-site monetary contributions shall be in accordance with the Roxbury Township Land Development Ordinance and Developer's Agreement between the developer and Township Council, subject, however, to the terms and conditions of the Memorandum of Understanding.

Off-Street Parking Requirements. A minimum of two (2) off-street parking spaces per dwelling shall be provided within any development in the R-1.8 Zone.

Ownership and Maintenance of Open Space/Recreation Areas. All lands not utilized for lots, utilities, services, easements or otherwise dedicated, shall be dedicated to the Township for recreational purposes. Notwithstanding the foregoing, said lands shall be included for the purpose of calculating density requirements.

§ 13-7.1606 Procedural Requirements.

General Development Plan Application. A General Development Plan Application shall, as far as practicable, comply with all requirements of the General Development Plan Ordinance, except however, to facilitate the development of property within this Zone the following shall apply:

The applicant may seek waivers of the General Development Plan Check List. Said waivers shall be accompanied by the reasons for said request. Said reasons shall be in writing to the Planning Board.

The General Land Development Plan to be submitted shall be at a scale of one (1) inch equals one hundred (100) feet.

Subdivision Approval. All applications for development in the R-1.8 Zone requiring subdivision of land shall be required to submit a subdivision application to the Planning Board pursuant to the provisions of Article III for its review and approval. Since maximum development is limited by Section 13-7.1605(d), the application of Section 13-7.818 of the Land Use Ordinance (Chapter XIII) shall not cause or require individual lot sizes in excess of seven thousand five hundred (7,500) sq. ft. or lot widths of greater than seventy-five (75) feet. The applicant may seek waivers of the Preliminary and Final Major Subdivision Check Lists. Said waivers shall be accompanied by the reasons for said requests. Said reasons shall be in writing to the Planning Board.

Environmental Impact Statement. Every application for development in the R-1.8 Zone shall be accompanied by an environmental impact statement which shall be approved by the Planning Board after review and recommendation by the Roxbury Environmental Commission.

Phasing. The Planning Board shall grant Preliminary and/or Final Subdivision approval in phases, at the request of the developer, which, in the case of Final Approval, shall include the right to bond parts of the Collector Road and all other improvements. Each phase shall include sufficient infrastructure for said phase to function as a separate subdivision from a traffic circulation, grading and drainage perspective.

Memorandum of Understanding. The Memorandum of Understanding entered into between the Township and the developer shall be incorporated herein by reference and shall be incorporated in any plan approval granted pursuant to this Ordinance. In the event of any inconsistency or conflict between this Ordinance and the Memorandum of Understanding, the Memorandum of Understanding shall prevail. In the event of any inconsistency or conflict between this Ordinance and any other ordinance of the Township of Roxbury, this Ordinance shall prevail.

§ 13-7.1607 Definitions.

For the purpose of this Section, the following terms shall have the following meaning:

shall mean a dwelling designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

DETENTION BASIN AND OPEN SPACE LOTS

shall mean such lots shall be based upon the physical basin or area limits with necessary access thereto. Access may, however, be by easement rather than dedication or fee simple title.

§ 13-7.17 AH-2 AFFORDABLE HOUSING RESIDENCE DISTRICT.

§ 13-7.1701 Principal Permitted Use.

The AH-2 Affordable Housing Residence District is established and designed to encourage the development of low and moderate income housing through provisions for setaside units to meet this need and the Township's obligation under the Mt. Laurel II decision of the New Jersey Supreme Court. Recognizing the character of the land and the central location of this zone and in furtherance of the objectives of the Roxbury Master Plan to provide for higher density residential development nearer the center of the Township, this zone is designed for and permits condominium apartment dwelling structures on a comprehensively designed residential neighborhood basis. Essential services are permitted as a principal use.

§ 13-7.1702 Required Conditions.

The following requirements must be complied with in the AH-2 Affordable Housing Residence District.

Intensity of Development. Pursuant to discussions between the Township and representatives of the land within this zone, which discussions have led to the establishment of the zone, the intensity of development shall be limited to six hundred (600) condominium apartment dwelling units.

Setaside Provisions. Provisions shall be made to set aside a minimum of twenty-five (25) percent of the permitted six hundred (600) dwelling units or a total of one hundred fifty (150) dwelling units to be occupied by low and moderate income families pursuant to all the requirements set forth in Section 13-7.826, Low and Moderate Income Housing, and all other applicable provisions of this chapter. Alternately, a monetary contribution to the Township Housing Trust Fund in the amount of $840,000.00 for the construction of low and moderate income housing within Roxbury Township can be made as evidenced by a Developer's Agreement with the Township Council.

Setback on Existing Roads. A minimum setback distance or front yard of fifty (50) feet shall be provided on all existing Township, County and State roads.

Boundary Line Setback. No building or structure shall be erected closer than fifty (50) feet to the zone boundary line within the AH-2 Zone and a buffer area of at least twenty-five (25) feet in width shall be maintained along said zone boundary. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to insure continuity of development with adjoining properties. Said buffer area may be included for purposes of computing required open space within the AH-2 Zone. The buffer area may be reduced or eliminated by the Planning Board where the development within the AH-2 Zone is consistent or compatible with adjoining uses.

Street Setback on Interior Roads. No building or structure shall be erected within twenty-five (25) feet of the right-of-way of any interior or private street or road.

Street Widths. The right-of-way and pavement widths of interior roads serving developments in the AH-2 Zone shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs including access for fire fighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than twenty-four (24) feet and the widths of sidewalks shall be not less than four (4) feet. Dedicated streets shall conform to Township specifications.

Height. No building shall exceed a maximum of three and one-half (3-1/2) stories nor forty (40) feet in height.

Distance Between Structures. No residential structure, no additions thereto nor any structures accessory thereto shall be erected closer than thirty (30) feet to another structure.

Fire Walls. Provision shall be made for fire wall construction between all dwelling units within the AH-2 Zone.

Utilities and Services. The developer shall furnish as a condition precedent to action by the Planning Board, an acceptable public water supply and sanitary sewer facilities based upon written agreements and written approval of appropriate Township and State authorities. The developer shall provide for all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities, lighting and fire protection systems, making reasonable provision for service connections with adjoining properties in other ownership.

Off-Street Parking Requirements. Within any development in the AH-2 Zone, there shall be provided conveniently located off-street parking facilities for all buildings as set forth in Section 13-8.701.

Common Open Space Requirements. At least twenty-five (25) percent of the total land area of a development within the AH-2 Zone shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped. These common open spaces, where not developed as provided herein, shall be kept in their natural state where wooded and, where natural vegetation is sparse or non-existent, the Planning Board may require the provision for reasonable landscaping of these areas.

Recreation. At least seven (7%) percent of the total area of the tract shall be improved for recreational purposes for the use of the owners or occupants of the development or the Township at large in accordance with a plan specifying the types of improvements, which plan shall be furnished by the developer at the time of application and approved by the Planning Board. Such recreational improvement may include, but are not limited to such things as tot lots, intermediate play areas or swimming pools.

Protection of Open Spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

§ 13-7.1703 Procedural Requirement.

Site Plan Application. All applicants for development in the AH-2 Zone shall be required to submit a site plan to the Planning Board pursuant to the provisions of Article V for its review and approval.

Subdivision Application. Where a development in the AH-2 Zone will also require the subdivision of land, the applicant shall file a concurrent application for subdivision pursuant to the requirements of this Ordinance.

Sedimentation Control Plan. Every application for development in the AH-2 Zone shall be accompanied by a sediment control plan which shall be reviewed and approved in accordance with the provisions of State statutes.

Environmental Impact Statement. Every application for development in the AH-2 Zone shall be accompanied by an environmental impact statement which shall be approved by the Planning Board after review and recommendation by the Roxbury Environmental Commission.

§ 13-7.1704 Definitions.

For the purposes of this Section, the following terms shall have the following meaning:

Common open space is a parcel or parcels of land or an area of water or a combination of land and water within a development, designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the development.

Condominium apartment dwelling structure is a structure containing two or more apartment dwelling units which in combination with other such structures are situated in a properly landscaped setting providing necessary vehicular and pedestrian circulation, off-street parking, recreational facilities and other service amenities.

Condominium apartment dwelling unit is one of a series of single-family dwelling units in individual condominium ownership or offered for rental attached by a common partition between it and an adjacent unit or units either vertically or laterally together with an individual entrance, terrace or balcony not shared by any adjoining unit designed as an integral part of each unit and having been constructed in conformity with an approved development plan.

§ 13-7.18 AH-3 AFFORDABLE SENIOR CITIZEN/MULTI-FAMILY HOUSING/BUSINESS DISTRICT.

§ 13-7.1801 Principal Permitted Use.

The AH-3 Affordable Senior Citizen/Multi-Family Housing/Business District is established and designed to encourage the development of low and moderate income housing through provisions for setaside units to meet this need and the Township's obligation under the Mt. Laurel II decision of the New Jersey Supreme Court. To further encourage the development of this housing, the district provides for a business development component. The district also encourages senior citizen housing. The district is designed as a planned unit development. Recognizing the character of the land and the central location of this zone and in furtherance of the objectives of the Roxbury Master Plan to provide for high density residential development nearer the center of the Township, this zone is designed for and permits condominium, flat or townhouse apartment dwelling structures on a comprehensively designed residential neighborhood basis and also permits accessory buildings and accessory uses as further regulated in this Section, but uses set forth in Section 13-7.801 shall not be permitted in the AH-3 Zone. It also permits office development and low and moderate senior citizen housing. The low and moderate housing may include a gatehouse facility which may contain one dwelling unit to be set aside for low and moderate purposes, not senior citizen restricted. Senior citizen housing shall be occupied by people who are of the age of 60 years or older. Appropriate deed restrictions respecting affordability and age restriction shall be required of all units, whether rental or sale units. Affordable housing rental units may only be converted to low and moderate income sale units, age restricted.

§ 13-7.1802 Required Conditions.

The following requirements must be complied with in the AH-3 Affordable Senior Citizen/Multi-Family Housing/Business District:

Minimum Tract Size. The minimum tract size authorized for development within this zone shall be 70 acres.

Intensity of Development. Pursuant to discussions between the Township and representatives of the land within this zone, which discussions have led to the establishment of this zone, the intensity of development shall be limited to three hundred nineteen (319) condominium, market rate flat and/or townhouse dwelling units; seventy thousand (70,000) gross square feet of office and one hundred five (105) low and moderate senior citizens units and one low and moderate gatehouse dwelling unit.

Setaside Provisions. Provisions shall be made to set aside a minimum of twenty-five (25%) percent of the permitted four hundred twenty-five (425) dwelling units or one hundred six (106) dwelling units to be occupied by low and moderate income families pursuant to all the requirements set forth in Section 13-7.826, Low and Moderate Income Housing, and all other applicable provisions of this chapter, except with regard to bedroom mix provisions. The bedroom mix for senior citizen units shall require a minimum of fifteen (15%) percent two-bedroom units and a maximum of seventy (70%) percent one bedroom units.

Pond Setback. No building or structure or accessory structure shall be located within twenty-five (25) feet of the mean water line of the pond.

Setback on Existing Roads. A minimum setback distance or front yard of fifty (50) feet shall be provided on all existing Township, County and State roads.

Boundary Line Setback. No building or structure shall be erected closer than twenty-five (25) feet to the zone boundary line within the AH-3 Zone. A buffer area of at least fifteen (15) feet in width shall be maintained along said zone boundary. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to insure continuity of development with adjoining properties. Said buffer area may be included for purposes of computing required open space within the AH-3 Zone. The buffer area may be reduced or eliminated by the Planning Board where the development within the AH-3 Zone is consistent or compatible with adjoining uses.

Street Setback on Interior Roads. No building or structure shall be erected within twenty (20) feet of the right-of-way of any interior or private street or road except that garage entrances shall not be less than twenty-five (25) feet from the right-of-way. Refuse and recyclable stations shall not be located closer than ten (10) feet from an interior public or private street.

Street Widths. The right-of-way and pavement widths of interior roads serving developments in the AH-3 Zone shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs including access for fire fighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than twenty-four (24) feet and the widths of sidewalks shall be not less than four (4) feet. Dedicated streets shall conform to Township specifications.

Height. No building shall exceed a maximum of three and one-half (3-1/2) stories nor forty (40) feet in height.

Distance Between Structures. No residential structure, no additions thereto nor any structures accessory thereto shall be erected closer than thirty (30) feet to another structure except for accessory structures which shall not be closer than ten (10) feet.

Fire Walls. Provision shall be made for fire wall construction in accordance with the New Jersey Uniform Construction Code between all dwelling units within the AH-3 Zone.

Utilities and Services. The developer shall furnish as a condition precedent to action by the Planning Board, an acceptable public water supply and sanitary sewer facilities based upon written agreements and written approval of appropriate Township and State authorities. The developer shall provide for all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities, lighting and fire protection systems, making reasonable provision for service connections with adjoining properties in other ownership.

Off-Street Parking Requirements. Within any development in the AH-3 Zone, there shall be provided conveniently located off-street parking facilities for all buildings as set forth in Section 13-8.701. Low and moderate residential facilities shall not require garage, carport or shelter parking facilities.

Common Open Space Requirements. At least twenty-five (25%) percent of the total land area of a development within the AH-3 Zone shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped. These common open spaces, where not developed as provided herein, shall be kept in their natural state where wooded and, where natural vegetation is sparse or non-existent, the Planning Board may require the provision for reasonable landscaping of these areas.

Protection of Open Spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

§ 13-7.1803 Business District Requirement.

Building Size. No building on site shall exceed seventy thousand (70,000) gross square feet.

Setbacks. Front yard setbacks shall not be less than seventy-five (75) feet. Side yard setbacks shall not be less than twenty-five (25) feet each and rear yard setbacks shall not be less than twenty-five (25) feet.

Height. No building shall exceed three (3) stories and forty (40) feet except that roof appurtenances may exceed that height by fifteen (15%) percent and shall be built in accordance with building code standards.

Parking. There shall be one parking space for each two hundred twenty-five (225) square feet of net rentable office space.

Parking Setbacks. No building or structures shall be erected within twenty (20) feet of the right-of-way of an interior public or private street or road. No parking lot shall be closer to the side property line than ten feet. No parking lot shall be closer than ten (10) feet to a building or twenty (20) feet from the pond.

§ 13-7.1804 Procedural Requirement.

Site Plan Application. All applicants for development in the AH-3 Zone shall be required to submit a site plan to the Planning Board pursuant to the provisions of Article 5 for its review and approval.

Subdivision Application. Where a development in the AH-3 Zone will also require the subdivision of land, the applicant shall file a concurrent application for subdivision pursuant to the requirements of this Section.

Sedimentation Control Plan. Every application for development in the AH-3 Zone shall be accompanied by a sediment control plan which shall be reviewed and approved in accordance with the provisions of State Statutes.

Environmental Impact Statement. Every application for development in the AH-3 Zone shall be accompanied by an environmental impact statement which shall be approved by the Planning Board after review and recommendation by the Roxbury Environmental Commission.

§ 13-7.1805 Definitions.

For the purposes of this Section, the following terms shall have the following meaning:

Common open space is a parcel or parcels of land or an area of water or a combination of land and water within a development, designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the development.

Condominium apartment dwelling unit is one of a series of single-family dwelling units in individual condominium ownership or offered for rental attached by a common partition between it and an adjacent unit or units either vertically or laterally together with an individual entrance, terrace or balcony not shared by any adjoining units designed as an integral part of each unit and having been constructed in conformity with an approved development plan.

§ 13-7.18A AH-3A AFFORDABLE HOUSING RESIDENCE DISTRICT.

§ 13-7.18A01 Intended Use.

The AH-3A Affordable Housing Residence Zone is established and designed to encourage the development of low and moderate income housing through provisions to meet the need of the Township's obligation under the Mt. Laurel II Doctrine and all COAH regulations. Recognizing the character of the tumid mid the central location of this zone and in furtherance of the objectives of the Roxbury Township Master Plan and Housing Plan Element and Fair Share Plan to provide for higher density residential development near the center of the Township, this zone is designated for three-story apartment dwelling structures on a comprehensively designed residential neighborhood basis. It also permits accessory buildings and accessory uses as further regulated In this section.

The AH-3A Zone shall be an alternative zone to the AH-3 Zone. Notwithstanding the adoption of the AH-3A Zone, the AH-3 Zone shall continue in effect. The AH-3 Zone is expressly not repealed by the adoption of the AH-3A Zone. Both the AH-3 and AH-3A zoning standards shall coexist and shall be mutually exclusive to each other. It is intended that developer shall be entitled to select as of right, either the AH-3 Zone standards or the AH-3A Zone standards.

§ 13-7.18A02 Properties Subject to AH-3A Zoning.

The provisions of the AH-3A Zone shall be applicable to, and the Zoning Map[1] shall be amended to incorporate into the AH-3A Zone, the following properties:

Lots 13.1 and 13.2. Block 45 (Delamo Tract, approximately 6.62 acres)

Portion of Lot 16.1, Block 45 (Renaissance Property, p/o approximately 8.34 acres). Only that portion of the approximately 8.34 acre Renaissance property which is ultimately subdivided out and utilized for approximately 35 Affordable Housing Units in accordance with Consent Order between Wellfleet Developers Inc. and Township at Roxbury et al., shall be zoned AH-3A. The remainder at the Renaissance property shall be governed by the AH-3B Zone.

Editor's Note: Additional amendments to the Zoning Map may be found in § 13-7.5, Zoning Map.

§ 13-7.18A03 Prohibited Uses.

Any other use than those uses listed in Section 13-7.18A above is prohibited.

§ 13-7.18A04 Zoning Standards.

The following must be complied with in the AH-3A Affordable Housing District

Minimum Tract Size. A minimum tract size authorized for development within this zone shall be two (2) acres.

Density of Development. There shell be a maximum of thirty-five (35) apartment units developed per site. These units must be designed for and comply with all current COAH regulations regarding size and bedroom mix.

Set Aside Provision. Up to thirty-five (35) units shall be set aside for low and moderate income families. Fifty (50%) percent of these units she[(be reserved for low Income families and fifty (50%) percent of these units will be reserved for moderate income families as defined by the COAH guidelines unless Federal Low Income Tax Credits requires a greater number of low income units. The requirements of Section 13-7.826 shall apply.

Notwithstanding the provisions of 13-7.819 and 13-8.205B, NJDEP Regulations as buffer and building setbacks from regulated features shall apply.

Setback from Existing Roads. A minimum setback or distance or front yard of seventy-five (75) feet shall be provided on all existing Township, County and State roads.

Side Yard Setback. No building or structure shall be located closer then ten (10) feet to any side property line.

Rear Setback. No building or structure shall be located closer than twenty-five (25) feet to a rear property line.

Building Coverage. No building constructed shall occupy more than twenty (20%) percent of the entire lot.

Impervious Coverage. Maximum impervious coverages shall not exceed eighty (80%) percent of the total lot area.

Minimum Required Parking. There shall be a minimum of 2.5 parking spaces per unit constructed on the site. This will include parking spots for visitors. Each parking space will be nine (9) x eighteen (18) feet. No parking lot may be constructed within twenty (20) feet of a front property line or an existing Township, County or State road. No parking may be constructed within ten (10) feet of a side property line. All aisles within the parking lot will maintain a twenty-four (24) foot width. Sidewalks located parallel and adjacent to a parking lot will maintain an 8' width and all other on-site sidewalks will maintain a five (5) foot width.

If the property is developed with more than one building, than a minimum of twenty-five (25) feet shall be maintained between buildings.

Maximum Building Height. No building shall exceed forty (40) feet in height as measured to the mean average of roof slope as defined by BOCA or have more than three (3) habitable stories.

Utilities and Services. The developer shall furnish as a condition precedent to action by the Planning Board an acceptable public water supply and public sewer facilities based upon written agreements and written approval of appropriate Township and State authorities. The developer shall provide all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities lighting and fire protection systems making reasonable provisions for service connections of adjoining properties In other ownership.

Sections 13-5.103 and 13-5.104 shall be omitted when the property is developed in accordance with this zone.

The provisions of Section 13-8.400 shall not apply to this zone block 45, Lot 18.1.

Identification Signs. Notwithstanding Section 13-8.9, there may be two entrance monuments with signs constructed at the major point(s) at access to the community. Each sign shall be no larger than thirty (30) square feet, shall not exceed seven (7') feet in height and shall not obstruct sight triangles. To the greatest extent possible these entrance signs and monuments shall be in keeping with the architectural theme of the development, subject to the review and approval of the Planning Board. Signs may be illuminated using low wattage (75 watts or less) flood lights

Notwithstanding the provisions of Section 13-8.3, a soil erosion sediment control plan shell be prepared in accordance with and approved by Morris County Soil Conservation.

Notwithstanding Section 13-8.501G11d, all RCP shall meet ACPA standards for depth of cover.

The provisions of Ordinance 9-94 and Section 13-11 shall not apply in this zone.

Nine (9) foot planting islands should be located where more than thirty (30) spaces in a row in the parking area pursuant to section 13-8.702O.

§ 13-7.18B AH-3B TOWNHOUSE/MANOR HOME ZONE.

§ 13-7.18B01 AH-3B Townhouse/Manor Home Zone Created.

This zone shall permit the construction of townhouse and/or stacked condominiums in a density not to exceed sixteen (16) units per acre, not to exceed forty-two (42) units total.

The AH-3B Zone shall be an alternative zone to the AH-3 Zone. Notwithstanding the adoption of the AH-3B Zone, the AH-3 Zone shall continue in effect. The AH-3 Zone is expressly not repealed by the adoption of the AH-3B Zone. Both the AH-3 and AH-3B zoning standards shall coexist and shall be mutually exclusive to each other. It is intended that developer shall be entitled to select, as of right, either the AH-3 Zone standards or the AH-3B Zone standards,

§ 13-7.18B02 Properties Subject to AH-3B Zoning.

The provisions of the AH-3B Zone shall be applicable to, and the Zoning Map[1] shall be amended to incorporate into the AH-3B Zone, the following property:

A Portion of Lot 1B.1, Block 45 - (Renaissance Property, p/o approximately 6.34 acres) - Only that portion of the approximate 6.34 acre Renaissance Property which is ultimately subdivided out and utilized for approximately 42 Market Units in accordance with Consent Order between Wellfleet Developers, Inc. and Township of Roxbury, et al. shall be zoned AH-3B. The remainder of the Renaissance properties shall be governed by the AH-3A Zone.

Editor's Note: Additional amendments to the Zoning Map may be found in § 13-7.5, Zoning Map.

§ 13-7.18B03 Prohibited Uses.

Any use other than those uses listed in Section 13-7.18B01 above.

§ 13-7.18B04 Zoning Standards.

The following requirements must be complied with in the AH-3B zone.

Minimum Tract Size.

The minimum tract size authorized for development within this zone shall be two (2) acres.

Each tract shall have a minimum width of one hundred (100) feet.

Minimum Front Yard. No building shall be constructed within fifty (50) feet of any roadway owned by the Township, County or State. Monuments shall be in keeping with the architectural theme of the development, subject to the review and approval of the Planning Board. Signs may be illuminated using low wattage (75 watts or less) flood lights.

Side Yards. No building shall be constructed within twenty (20) feet of any side lot line, except where adjoining a pond where a ten (10) foot side yard shall be maintained.

Rear Yard. No building shall be constructed within ten (10) feet of any rear property line.

Maximum building coverage permitted for any site developed under this zone shall be thirty (30%) percent.

Impervious Coverage. The maximum impervious coverage for any site proposed under this zoning shall be sixty (60%) percent.

Required Parking. Each unit constructed on the site will have one (1) parking spot located in the garage and another in the driveway immediately outside the garage. Also on the site, visitors parking will be provided at the ratio of 0.5 spaces per approved unit. Each parking space will be a minimum of nine (9) x eighteen (18) feet. No parking shall be allowed within forty (40) feet of any street that is owned by the Township, County or State. No parking shall be located within ten (10) feet of any side property line. All parking will maintain a twenty-four (24) foot aisle width.

There shall be a minimum distance of twenty-five (25) feet between all buildings constructed in this zone.

Maximum Building Height. No building may exceed forty (40) feet in height as measured to the mean average of roof slope as defined by BOCA or have more then three (3) habitable stories.

Sidewalks. Sidewalks will be constructed to have a minimum of four (4) foot width.

Sections 13-5.103 and 13-5.104 shall not be required in this zone.

The revisions of Section 13-8.400 shall not apply to this zone.

Notwithstanding Section 13-8.501G11d, all RCP shall meet ACP standards for depth of cover.

Identification Signs. Notwithstanding Section 13-8.9, there may be two entrance monuments with signs constructed at the major point(s) of access to the community. Each sign shall be no larger than thirty (30) square feet, shall not exceed seven (7) feet in height, and shall not obstruct sight triangles. To the greatest extent possible these entrance signs and monuments shall be in keeping with the architectural theme of the development, subject to the review and approval of the Planning Board. Signs may be illuminated using low wattage (75 watts or less) flood lights.

Notwithstanding the provision of Section 13-8.3 a soil erosion sediment control plan shall be prepared in accordance with and approved by Morris County Soil) Conservation.

Utilities and Services. The developer shall furnish as a condition present to action by the Planning Board an acceptable public water supply and public sewer facilities based upon written agreements and written approval of appropriate Township and State authorities. The developer shall provide all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities, lighting and fire protection systems making reasonable provisions for service connections of adjoining properties in other ownership.

The provisions of Ordinance 9-94 and Section 13-1.1 shall not apply in this zone.

Notwithstanding the provisions of Sections 13-7.819 and 13-8.205B, NJDEP regulations as to buffers and setbacks from regulated features shall apply.

§ 13-7.18C AFFORDABLE SENIOR CITIZEN RESIDENCE ZONE.

[Added 4-13-2021 by Ord. No. 10-21]

§ 13-7.18C01 Principal Permitted Uses.

The AH-4 Affordable Senior Citizen Residence Zone District, is established and designed to encourage the development of low- and moderate-income housing through provisions to meet the need of the Township's obligation under the Mt. Laurel Doctrine and recent affordable housing litigation. This zone is designated for the construction of a senior citizen housing community, up to 175 units with a 10% Medicaid waiver set-aside requirement, which may include assisted living residences, continuum care supported independent living residences, and memory care residences in a unified development theme designed to meet the unique housing needs of senior citizens requiring supportive services.

The following principal permitted uses for the AH-4 Affordable Senior Citizen Residence Zone District thus:

Senior citizen housing communities providing a continuum of care for senior citizens.

Assisted living residences.

Independent living residences.

Memory care residences.

Any one and/or combination of the above uses in one or more multiunit principal buildings.

§ 13-7.18C02 Principal Accessory Uses.

The following permitted accessory uses for the AH-4 Affordable Senior Citizen Residence Zone District thus:

Dining rooms, kitchens, exercise rooms, living rooms, multipurpose rooms, theaters, libraries, salons and studios, laundry rooms, offices, exam rooms, nursing stations, physical therapy and rehab, mail rooms, indoor and outdoor recreation, surface and structured parking, and other uses and services customary and incidental to the principal permitted uses.

§ 13-7.18C03 Required Conditions.

The following requirements must be complied with in the AH-XX Affordable Housing Residence District.

Minimum lot area: three acres.

Minimum lot width: 400 feet.

Minimum front yard setback: 60 feet, except that canopies, porte cocheres, porches, and similar structures less than 25 feet in height must provide at least a forty-foot setback.

Minimum rear yard setback:

Principal building: 45 feet.

Minimum side yard setback:

Principal building: 30 feet.

Maximum principal building height: three stories/45 feet.

Maximum building coverage: 25%.

Maximum impervious coverage: 65%.

Parking shall be provided at the rate of 0.3 parking spaces for all efficiency units, 0.6 spaces for all one-bedroom units, and 1.5 spaces for all two-bedroom units. No parking shall be required for any memory care unit.

Buffer adjacent to single-family homes: A minimum building setback of 45 feet and a continuous landscape buffer of 25 feet along with a six-foot-high solid PVC or board-on-board fence shall be provided along all property lines that abut a single-family zone.

Signs shall be permitted in accordance with the sign regulations for the POR zone district.

§ 13-7.18C04 Design Standards.

The following design standards for the AH-4 Affordable Senior Citizen Residence Zone District thus:

A freestanding monument sign shall incorporate stone elements from the existing wall located along Hillside Avenue.

Parking setbacks: Parking, including access driveways and aisles, shall be located no closer than 20 feet to a property line and no closer than five feet to a principal building.

Building facades shall include a stone or brick base with vertical elements and accents. Contrast in the facade shall also be achieved by multiple building wall setbacks and the type of roof, including the height of eaves and peaks.

To the extent practicable, the stone wall along Hillside Avenue shall be restored and maintained in its current location. Adjustments to the alignment shall be permitted at the reasonable discretion of the Board where impacted by property improvements. The applicant may utilize portions or elements of the existing stone wall to enhance signage or building architecture.

The applicant shall provide covered outdoor seating areas accessible to residents and guests along the front building elevations.

Any deviations from the design requirements set forth in this section shall be considered exceptions from the requirements for site plan approval in accordance with N.J.S.A. 40:55D-51.

All vehicular access to the site shall be located only from Hillside Avenue and Route 10.

§ 13-7.18C05 Definitions for AH-4 Zone.

Establish a definition for "independent living unit" thus:

A dwelling that is a) occupied by i) at least one individual who is age 62 or over or ii) the surviving spouse of an individual who occupied the housing unit and was 62 years of age or older at the time of death, and b) not occupied by anyone under age 19. Independent living units provide increased care and health-related services to residents.

Establish a definition for "memory care unit" thus:

Residential facilities within a senior citizen housing community providing housing and care to individuals with Alzheimer's and other forms of dementia and memory impairment. Memory care units will primarily be occupied by senior citizens but may also be occupied by early onset residents of any age.

Establish a definition for "senior citizen housing community" thus:

A residential community providing a continuum of care primarily for senior citizens and consisting of independent living units, assisted living units and memory care units, together with support uses and services such as, by way of example, dining rooms, kitchens, exercise rooms, living rooms, multipurpose rooms, theaters, libraries, salons and studios, laundry rooms, offices, exam rooms, nursing stations, mail rooms, indoor and outdoor recreation, surface and structured parking, and other uses and services customary and incidental to a senior citizen housing community.

§ 13-7.18D AH-5 AFFORDABLE HOUSING RESIDENTIAL DISTRICT.

[Added 4-13-2021 by Ord. No. 07-21]

§ 13-7.18D01 Principal Permitted Use.

The AH-5 Affordable Housing Residence District is established and designed to encourage the development of low- and moderate-income housing through provisions for set-aside units to meet this need and the Township's affordable housing obligation under the Mt. Laurel II decision of the New Jersey Supreme Court.

This zone is designed for and permits the construction of townhouses and/or stacked condominiums at a density not to exceed eight units per acre, with a 20% affordable housing set aside for very-low, low- and moderate-income housing on a comprehensively designed residential neighborhood basis.

§ 13-7.18D02 Required Conditions.

The following requirements must be complied with in the AH-5 Affordable Housing Residence District:

Intensity of Development. The intensity of development shall be limited to a maximum density of eight units per acres.

Set-Aside Provisions. A set-aside of 20% of the dwelling units are to be occupied by low- and moderate-income families pursuant to all the requirements set forth in § 13-7.826, Low- and Moderate-Income Housing, Uniform Housing Affordability Controls (UHAC), and all other applicable provisions of this chapter. All affordable housing units are subject to a thirty-year deed restriction for affordability. Applicant shall be responsible for the administration, monitoring and compliance of the project's affordable housing in accordance with applicable statutes and regulations, and shall provide copies of all relevant documents to the Township. The construction of affordable units will be phased in accordance with COAH regulations. The exterior building facades of affordable units shall be substantially similar to market-rate units, such that it will not be apparent when driving through the development which units are market rate and which units are moderate- and low-income.

Setback on Existing Roads. A minimum building setback distance or front yard of 50 feet and parking lot setback of 25 feet shall be provided on all existing roads.

Boundary Line Setback. No building or structure shall be erected closer than 50 feet to a residentially zoned property line and 25 feet from a nonresidentially zoned property line. A buffer area of at least 25 feet in width shall be maintained along the AH-5 boundary. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking, stormwater basins or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to ensure continuity of development with adjoining properties. Said buffer area may be included for purposes of computing required open space within the AH-5 Zone. The buffer area may be reduced or eliminated by the Planning Board where the development within the AH-5 Zone is consistent or compatible with adjoining uses.

Impervious Coverage. The maximum impervious coverage for the site under this zoning shall be 60%.

Street setback on interior roads. No building or structure shall be erected within 25 feet of the right-of-way of any interior or private street or road.

Street Widths. The right-of-way and pavement widths of interior roads serving development in the AH-5 Zone shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs including access for firefighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than 24 feet and the widths of sidewalks shall be not less than four feet. Dedicated streets shall conform to Township specifications.

Sidewalks. Sidewalks will be constructed to have a minimum of four-foot width.

Height. No building shall exceed a maximum of three stories or 40 feet in height.

Distance Between Structures. No residential structure, no additions thereto nor any structures accessory thereto shall be erected closer than 30 feet to another structure.

Residential Structures. A dwelling structure shall not exceed a length of 175 feet. No dwelling structure shall have more than three continuous attached dwelling units with the same setback, and variations in setback shall be at least four feet. Variations shall also be achieved by the type of roof, including the height of eaves and peaks and by architectural treatment of the building facade. Facades shall include a stone or brick base, vertical elements and accents along with window trim and building molding. Balconies and patios are encouraged. Building plans and elevations shall accompany the application and shall show a variation in design of units and structure sufficient to satisfy the intent of this section.

Utilities and Services. The developer shall furnish as a condition precedent to action by the Planning Board, an acceptable public water supply and sanitary sewer facilities based upon written agreements and written approval of appropriate Township and state authorities. The developer shall provide for all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities, lighting and fire protection systems, making reasonable provision for service connections with adjoining properties in other ownership.

Off-Street Parking Requirements. Within any development in the AH-5 Zone, there shall be provided conveniently located off-street parking facilities for all buildings as set forth in § 13-8.701.

Common Open Space Requirements. At least 25% of the total land area of a development within the AH-5 Zone shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped but provided with walking/bicycle paths. These common open spaces, where not developed as provided herein, shall be kept in their natural state where wooded and, where natural vegetation is sparse or nonexistent, the Planning Board may require the provision for reasonable landscaping of these areas.

Recreation. At least 7% of the total area of the tract shall be improved for recreational purposes for the use of the owners or occupants of the development or the Township at large in accordance with a plan specifying the types of improvements, which plan shall be furnished by the developer at the time of application and approved by the Planning Board. Such recreational improvement may include, but are not limited to, such things as tot lots, intermediate play areas or swimming pools.

Identification Signs. Notwithstanding § 13-8.9, there may be entrance monuments with signs constructed at the major point(s) of access to the community. Each sign shall be no larger than 30 square feet, shall not exceed seven feet in height, and shall not obstruct sight triangles. To the greatest extent possible these entrance signs and monuments shall be in keeping with the architectural theme of the development, subject to the review and approval of the Planning Board. Signs may be illuminated using low wattage (75 watts or less) flood lights which are downward facing and not create light trespass to adjoining properties.

Protection of Open Spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

Community amenities such as recreation, open space, dog park, playground, meeting rooms, workout rooms, parcel delivery/pickup rooms, bicycle storage, billiards, etc., shall be maintained by the project owners. Both the market-rate unit residents and the affordable unit residents shall have access to all community amenities and affordable unit residents will not be assessed additional fees, beyond the base rent, for use of any of the community amenities.

Affordable Housing Residential Units. All affordable housing residential units shall be provided with heating and air-conditioning units, refrigerator, stove, oven, microwave, washing machine and dryer. Parking shall be provided per Code at no extra charge.

§ 13-7.18E AH-6 AFFORDABLE HOUSING RESIDENTIAL DISTRICT.

§ 13-7.18E01 Principal Permitted Use.

[Added 4-13-2021 by Ord. No. 08-21; amended 5-24-2022 by Ord. No. 12-22]

The AH-6 Affordable Housing Residence District is established and designed to encourage the development of very-low-, low- and moderate-income housing through provisions for set-aside units to meet this need and the Township's affordable housing obligation under the Mt. Laurel II decision of the New Jersey Supreme Court. The AH-6 Zone includes unique properties where permitting higher-density residential development will further the objectives of the Roxbury Master Plan to provide for affordable housing opportunities throughout the Township.

The AH-6 Zone includes properties containing unique characteristics where an increased density will encourage residential development and redevelopment more in character with the surrounding area. The zone permits apartment complexes at a gross density of eight units per acre with a 20% affordable housing set-aside, 47 affordable units on Block 6802, Lot 9, for low- and moderate-income housing to be provided. Development of the zone must take into account sensitive environmental areas and create a context taking into consideration the surrounding land uses and on-site constraints.

Permitted principal uses include apartment complexes.

§ 13-7.18E02 Required Conditions.

[Added 4-13-2021 by Ord. No. 08-21; amended 5-24-2022 by Ord. No. 12-22]

The following requirements must be complied with in the AH-6 Affordable Housing Residence District.

Intensity of Development. The intensity of development shall be limited to a density of eight units per acre.

Set-Aside Provisions. A set-aside of 20% of the dwelling units are to be occupied by low- and moderate-income families pursuant to all the requirements set forth in § 13-7.826, Low- and Moderate-Income Housing, Uniform Housing Affordability Controls (UHAC), and all other applicable provisions of this chapter. All affordable housing units are subject to a thirty-year deed restriction for affordability. The applicant shall be responsible for the administration, monitoring and compliance of the project's affordable housing in accordance with applicable statutes and regulations, and shall provide copies of all relevant documents to the Township. The construction of affordable units will be phased in accordance with COAH regulations. The exterior building facades of affordable units shall be substantially similar to market-rate units, such that it will not be apparent when driving through the development which units are market rate and which units are moderate- and low-income.

Setback on Existing Roads. A minimum building setback distance or front yard of 50 feet and parking lot setback of 25 feet shall be provided on all existing roads.

Boundary Line Setback. No building or structure shall be erected closer than 50 feet to a residentially zoned property line and 25 feet from a nonresidentially zoned property line. A buffer area of at least 25 feet in width shall be maintained along the AH-6 boundary. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking, stormwater basins or other uses, shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to ensure continuity of development with adjoining properties. Said buffer area may be included for purposes of computing required open space within the AH-6 Zone. The buffer area may be reduced or eliminated by the Planning Board where the development within the AH-6 Zone is consistent or compatible with adjoining uses.

Impervious Coverage. The maximum impervious coverage for the site under this zoning shall be 60%.

Street Setback on Interior Roads. No building or structure shall be erected within 25 feet of the right-of-way of any interior or private street or road.

Street Widths. The right-of-way and pavement widths of interior roads serving development in the AH-6 Zone shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs, including access for firefighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than 24 feet and the widths of sidewalks shall be not less than four feet. Dedicated streets shall conform to Township specifications.

Sidewalks. Sidewalks will be constructed to have a minimum of four-foot width.

Height. No building shall exceed a maximum of three stories nor 40 feet in height.

Distance Between Structures. No residential structure and no additions thereto shall be erected closer than 30 feet to another structure, with the exception of accessory structures and residential side building wall to side building wall where a minimum setback of 25 feet is required.

Structures. No building shall exceed a length of 175 feet. No building shall have more than three continuous attached dwelling units with the same setback, and variations in setback shall be at least four feet. Variations shall also be achieved by the type of roof, including the height of eaves and peaks and by architectural treatment of the building facade. Facades shall include a stone or brick base, vertical elements and accents along with window trim and building molding. Balconies and patios are encouraged. Building plans and elevations shall accompany the application and shall show a variation in design of units and structure sufficient to satisfy the intent of this provision.

Utilities and Services. The developer shall furnish as a condition precedent to action by the Planning Board an acceptable public water supply and sanitary sewer facilities based upon written agreements and written approval of appropriate Township and state authorities. The developer shall provide for all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities, lighting and fire protection systems, making reasonable provision for service connections with adjoining properties in other ownership.

Off-Street Parking Requirements. Within any development in the AH-6 Zone, there shall be provided conveniently located off-street parking facilities for all buildings as set forth in § 13-8.701.

Common Open Space Requirements. At least 25% of the total land area of a development within the AH-6 Zone shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped, but provided with walking/bicycle paths. These common open spaces, where not developed as provided herein, shall be kept in their natural state where wooded and, where natural vegetation is sparse or nonexistent, the Planning Board may require the provision for reasonable landscaping of these areas.

Recreation. At least 7% of the total area of the tract shall be improved for recreational purposes for the use of the owners or occupants of the development or the Township at large in accordance with a plan specifying the types of improvements, which plan shall be furnished by the developer at the time of application and approved by the Planning Board. Such recreational improvement may include but is not limited to such things as tot lots, intermediate play areas or swimming pools.

Identification Signs. Notwithstanding § 13-8.9, there may be entrance monuments with signs constructed at the major point(s) of access to the community. Each sign shall be no larger than 30 square feet, shall not exceed seven feet in height, and shall not obstruct sight triangles. To the greatest extent possible these entrance signs and monuments shall be in keeping with the architectural theme of the development, subject to the review and approval of the Planning Board. Signs may be illuminated using low-wattage (75 watts or less) floodlights which are downward facing and do not create light trespass to adjoining properties.

Ownership and Maintenance of Common Open Space. The landowner may provide for and establish an organization for the ownership and maintenance of any common open space, and such organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space, or by dedicating the same to the Township, only if the Township agrees to accept such dedication.

Protection of Open Spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

Community amenities such as recreation, open space, dog park, playground, meeting rooms, workout rooms, parcel delivery/pickup rooms, bicycle storage, billiards, etc., shall be maintained by the project owners. Both the market-rate unit residents and the affordable unit residents shall have access to all community amenities, and affordable unit residents will not be assessed additional fees, beyond the base rent, for use of any of the community amenities.

§ 13-7.18F AH-7 AFFORDABLE HOUSING RESIDENTIAL DISTRICT.

§ 13-7.18F01 Principal Permitted Use.

[Added 4-27-2021 by Ord. No. 09-21]

The AH-7 Affordable Housing Residence District is established and designed to encourage the development of very-low-, low- and moderate-income housing through provisions for set-aside units to meet this need and the Township's affordable housing obligation under the Mt. Laurel II decision of the New Jersey Supreme Court.

The AH-7 property permits higher-density residential rental apartment development and will further the objectives of the Roxbury Master Plan to provide for affordable housing opportunities throughout the Township.

The AH-7 Zone includes properties located near or adjacent to higher-density residential developments and/or non-residential developments where an increase density will encouragement development. The zone permits a gross density of 10 units per acre with a 20% set-aside for very-low-, low- and moderate-income housing.

§ 13-7.18F02 Required Conditions.

[Added 4-27-2021 by Ord. No. 09-21]

The following requirements must be complied with in the AH-7 Affordable Housing Residence District:

Intensity of Development. The intensity of development shall be limited to a density of 10 units per acres.

Setback on Existing Roads. A minimum setback distance or front yard of 50 feet shall be provided on all existing roads.

Boundary Line Setback. No building or structure shall be erected closer than 50 feet to a residentially zoned property line and 25 feet from a nonresidentially zoned property line. A buffer area of at least 25 feet in width shall be maintained along the AH-7 boundary. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking, stormwater basins, or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to ensure continuity of development with adjoining properties. Said buffer area may be included for purposes of computing required open space within the AH-7 Zone. The buffer area may be reduced or eliminated by the Planning Board where the development within the AH-7 Zone is consistent or compatible with adjoining uses.

Impervious Coverage. The maximum impervious coverage for the site under this zoning shall be 60%.

Street Setback on Interior Roads. No building or structure shall be erected within 25 feet of the right-of-way of any interior or private street or road.

Street Widths. The right-of-way and pavement widths of interior roads serving development in the AH-GU Zone shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs including access for firefighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than 24 feet and the widths of sidewalks shall be not less than four feet. Dedicated streets shall conform to Township specifications.

Sidewalks. Sidewalks will be constructed to have a minimum of four-foot width.

Height. No building shall exceed a maximum of three stories nor 40 feet in height.

Distance Between Structures. No residential structure, no additions thereto nor any structures accessory thereto shall be erected closer than 25 feet to another structure.

Utilities and Services. The developer shall furnish as a condition precedent to action by the Planning Board, an acceptable public water supply and sanitary sewer facilities based upon written agreements and written approval of appropriate Township and state authorities. The developer shall provide for all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities, lighting and fire protection systems, making reasonable provision for service connections with adjoining properties in other ownership.

Off-Street Parking Requirements. Within any development in the AH-7 Zone, there shall be provided conveniently located off-street parking facilities for all buildings as set forth in § 13-8.701.

Common Open Space Requirements. At least 25% of the total land area of a development within the AH-GU Zone shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped but provided with walking/bicycle paths. These common open spaces, where not developed as provided herein, shall be kept in their natural state where wooded and, where natural vegetation is sparse or nonexistent, the Planning Board may require the provision for reasonable landscaping of these areas.

Recreation. At least 7% of the total area of the tract shall be improved for recreational purposes for the use of the owners or occupants of the development or the Township at large in accordance with a plan specifying the types of improvements, which plan shall be furnished by the developer at the time of application and approved by the Planning Board. Such recreational improvement may include, but are not limited to such things as tot lots, intermediate play areas or swimming pools.

Identification Signs. Notwithstanding § 13-8.9, there may be entrance monuments with signs constructed at the major point(s) of access to the community. Each sign shall be no larger than 30 square feet, shall not exceed seven feet in height, and shall not obstruct sight triangles. To the greatest extent possible, these entrance signs and monuments shall be in keeping with the architectural theme of the development, subject to the review and approval of the Planning Board. Signs may be illuminated using low wattage (75 watts or less) flood lights which are downward facing and not create light trespass to adjoining properties.

Protection of Open Spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

§ 13-7.18G AH-8 AFFORDABLE HOUSING RESIDENTIAL DISTRICT.

§ 13-7.18G01 Principal Permitted Use.

[Added 4-27-2021 by Ord. No. 09-21]

The AH-8 Affordable Housing Residence District is established and designed to encourage the development of very-low-, low- and moderate-income housing through provisions for set-aside units to meet this need and the Township's affordable housing obligation under the Mt. Laurel II decision of the New Jersey Supreme Court.

The AH-8 property permits higher-density residential rental apartment development which will further the objectives of the Roxbury Master Plan to provide for affordable housing opportunities throughout the Township.

The AH-8 Zone includes properties located near or adjacent to nonresidential developments where an increase density will encouragement development. The zone permits a gross density of 10 units per acre with a minimum 20% set aside for low- and moderate-income housing, with a minimum of 33 affordable units.

§ 13-7.18G02 Required Conditions.

[Added 4-27-2021 by Ord. No. 09-21]

The following requirements must be complied with in the AH-8 Affordable Housing Residence District:

Intensity of Development. The intensity of development shall be limited to a density of 10 units per acres.

Set-Aside Provisions. A set-aside of a minimum of 20% of the dwelling units, with a minimum of 33 affordable units, are to be provided to be occupied by very-low-, low- and moderate-income families pursuant to all the requirements set forth in § 13-7.826, Low- and Moderate-Income Housing, Uniform Housing Affordability Controls (UHAC), and all other applicable provisions of this chapter. All affordable housing units are subject to a thirty-year deed restriction for affordability. The applicant shall be responsible for the administration, monitoring and compliance of the project's affordable housing in accordance with applicable statutes and regulations, and shall provide copies of all relevant documents to the Township. The construction of affordable units will be phased in accordance with COAH regulations. The exterior building facades of affordable units shall be substantially similar to market-rate units, such that it will not be apparent when driving through the development which units are market rate and which units are moderate- and low-income.

Setback on Existing Roads. A minimum building setback distance or front yard of 50 feet and 25 feet parking setback shall be provided on all existing roads.

Boundary Line Setback. No building or structure shall be erected closer than 50 feet to a residentially zoned property line and 25 feet from a nonresidentially zoned property line. A buffer area of at least 25 feet in width shall be maintained along the AH-8 boundary. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking, stormwater basins, or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to ensure continuity of development with adjoining properties. Said buffer area may be included for purposes of computing required open space within the AH-8 Zone. The buffer area may be reduced or eliminated by the Planning Board where the development within the AH-8 Zone is consistent or compatible with adjoining uses.

Impervious Coverage. The maximum impervious coverage for the site under this zoning shall be 65%.

Street Setback on Interior Roads. No building or structure shall be erected within 25 feet of the right-of-way of any interior or private street or road.

Street Widths. The right-of-way and pavement widths of interior roads serving development in the AH-8 Zone shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs including access for fire fighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than 24 feet and the widths of sidewalks shall be not less than four feet. Dedicated streets shall conform to Township specifications.

Sidewalks. Sidewalks will be constructed to have a minimum of four-foot width.

Height. No building shall exceed a maximum of three stories nor 40 feet in height.

Structures. No building shall exceed a length of 225 feet. No building shall have more than four continuous attached dwelling units with the same setback, and variations in setback shall be at least four feet. Variations shall also be achieved by the type of roof, including the height of eaves and peaks and by architectural treatment of the building facade. Facades shall include a stone or brick base, vertical elements and accents along with widow trim and building molding. Building plans and elevations shall accompany the application and shall show a variation in design of units and structure sufficient to satisfy the intent of this provision.

Off-Street Parking Requirements. Within any development in the AH-8 Zone, there shall be provided conveniently located off-street parking facilities for all buildings as set forth in § 13-8.701.

Common Open Space Requirements. At least 25% of the total land area of a development within the AH-8 Zone shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped but provided with walking/bicycle paths. These common open spaces, where not developed as provided herein, shall be kept in their natural state where wooded and, where natural vegetation is sparse or nonexistent, the Planning Board may require the provision for reasonable landscaping of these areas.

Protection of Open Spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

§ 13-7.18H AH-9 AFFORDABLE HOUSING RESIDENTIAL DISTRICT.

§ 13-7.18H01 Principal Permitted Use.

[Added 5-24-2022 by Ord. No. 10-22]

The AH-9 Affordable Housing Residence District is established and designed to encourage the development of low- and moderate-income housing through provisions for set-aside units to meet this need and the Township's affordable housing obligation under the Mt. Laurel II decision of the New Jersey Supreme Court.

This zone is designed for and permits the construction of townhouses and/or stacked condominiums at a density not to exceed eight units per acre, with a 20% affordable housing set-aside for very-low-, low- and moderate-income housing on a comprehensively designed residential neighborhood basis.

§ 13-7.18H02 Required Conditions.

[Added 5-24-2022 by Ord. No. 10-22]

The following requirements must be complied with in the AH-9 Affordable Housing Residence District.

Intensity of Development. The intensity of development shall be limited to a maximum density of eight units per acres.

Set-Aside Provisions. A set-aside of 20% of the dwelling units are to be occupied by low- and moderate-income families pursuant to all the requirements set forth in § 13-7.826, Low- and Moderate-Income Housing, Uniform Housing Affordability Controls (UHAC), and all other applicable provisions of this chapter. All affordable housing units are subject to a thirty-year deed restriction for affordability. The applicant shall be responsible for the administration, monitoring and compliance of the project's affordable housing in accordance with applicable statutes and regulations, and shall provide copies of all relevant documents to the Township. The construction of affordable units will be phased in accordance with COAH regulations. The exterior building facades of affordable units shall be substantially similar to market-rate units, such that it will not be apparent when driving through the development which units are market rate and which units are moderate- and low-income.

Setback on Existing Roads. A minimum building setback distance or front yard of 50 feet and parking lot setback of 25 feet shall be provided on all existing roads.

Boundary Line Setback. No building or structure shall be erected closer than 50 feet to a residentially zoned property line and 25 feet from a nonresidentially zoned property line. A buffer area of at least 25 feet in width shall be maintained along the AH-9 boundary. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking, stormwater basins or other uses, shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to ensure continuity of development with adjoining properties. Said buffer area may be included for purposes of computing required open space within the AH-9 Zone. The buffer area may be reduced or eliminated by the Planning Board where the development within the AH-9 Zone is consistent or compatible with adjoining uses.

Impervious Coverage. The maximum impervious coverage for the site under this zoning shall be 60%.

Street Setback on Interior Roads. No building or structure shall be erected within 25 feet of the right-of-way of any interior or private street or road.

Street Widths. The right-of-way and pavement widths of interior roads serving development in the AH-9 Zone shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs, including access for firefighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than 24 feet and the widths of sidewalks shall be not less than four feet. Dedicated streets shall conform to Township specifications.

Sidewalks. Sidewalks will be constructed to have a minimum of four-foot width.

Height. No building shall exceed a maximum of three stories or 40 feet in height.

Distance Between Structures. No residential structure, no additions thereto nor any structures accessory thereto shall be erected closer than 30 feet to another structure.

Off-Street Parking Requirements. Within any development in the AH-9 Zone, there shall be provided conveniently located off-street parking facilities for all buildings as set forth in § 13-8.701.

Common Open Space Requirements. At least 25% of the total land area of a development within the AH-9 Zone shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped but provided with walking/bicycle paths. These common open spaces, where not developed as provided herein, shall be kept in their natural state where wooded and, where natural vegetation is sparse or nonexistent, the Planning Board may require the provision for reasonable landscaping of these areas.

Recreation. At least 7% of the total area of the tract shall be improved for recreational purposes for the use of the owners or occupants of the development or the Township at large in accordance with a plan specifying the types of improvements, which plan shall be furnished by the developer at the time of application and approved by the Planning Board. Such recreational improvement may include, but is not limited to, such things as tot lots, intermediate play areas or swimming pools.

Identification Signs. Notwithstanding § 13-8.9, there may be entrance monuments with signs constructed at the major point(s) of access to the community. Each sign shall be no larger than 30 square feet, shall not exceed seven feet in height, and shall not obstruct sight triangles. To the greatest extent possible these entrance signs and monuments shall be in keeping with the architectural theme of the development, subject to the review and approval of the Planning Board. Signs may be illuminated using low-wattage (75 watts or less) floodlights which are downward facing and do not create light trespass to adjoining properties.

Protection of Open Spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

Community amenities such as recreation, open space, dog park, playground, meeting rooms, workout rooms, parcel delivery/pickup rooms, bicycle storage, billiards, etc., shall be maintained by the project owners. Both the market-rate unit residents and the affordable unit residents shall have access to all community amenities, and affordable unit residents will not be assessed additional fees, beyond the base rent, for use of any of the community amenities.

§ 13-7.18I AH-10 AFFORDABLE HOUSING RESIDENTIAL DISTRICT.

§ 13-7.18I01 Principal Permitted Use.

[Added 5-24-2022 by Ord. No. 11-22]

The AH-10 Affordable Housing Residence District is established and designed to encourage the development of very-low-, low- and moderate-income housing through provisions for set-aside units to meet this need and the Township's affordable housing obligation under the Mt. Laurel II decision of the New Jersey Supreme Court. The AH-10 Zone includes unique properties where permitting higher-density residential development will further the objectives of the Roxbury Master Plan to provide for affordable housing opportunities throughout the Township.

The AH-10 Zone includes properties containing unique characteristics where an increased density will encourage residential development and redevelopment more in character with the surrounding area. The zone permits apartment complexes at a gross density of eight units per acre with a 20% affordable housing set-aside, or 23 affordable units on Block 9301, Lots 1 and 2, for low- and moderate-income housing to be provided.

Permitted principal uses include apartment complexes.

§ 13-7.18.I02 Required Conditions.

[Added 5-24-2022 by Ord. No. 11-22]

The following requirements must be complied with in the AH-10 Affordable Housing Residence District.

Intensity of Development. The intensity of development shall be limited to a density of eight units per acre.

Set-Aside Provisions. A set-aside of 20% of the dwelling units to be occupied by low- and moderate-income families pursuant to all the requirements set forth in § 13-7.826, Low- and Moderate-Income Housing, Uniform Housing Affordability Controls (UHAC), and all other applicable provisions of this chapter. All affordable housing units are subject to a thirty-year deed restriction for affordability. The applicant shall be responsible for the administration, monitoring and compliance of the project's affordable housing in accordance with applicable statutes and regulations, and shall provide copies of all relevant documents to the Township. The construction of affordable units will be phased in accordance with COAH regulations. The exterior building facades of affordable units shall be substantially similar to market-rate units, such that it will not be apparent when driving through the development which units are market rate and which units are moderate- and low-income.

Setback on Existing Roads. A minimum building setback distance or front yard of 50 feet and parking lot setback of 25 feet shall be provided along Route 183. A minimum building and parking lot setback distance of 15 feet shall be provided along the Route 80 ramp.

Boundary Line Setback. No building shall be erected closer than 50 feet from the residential properties located along the municipal boundary with Netcong Borough, and 30 feet along the boundary with Mount Olive Township. A buffer area of at least 25 feet in width shall be maintained between any building and residential properties. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking, stormwater basins or other uses, shall be permitted. Utility easements and landscaped stormwater management facilities may be permitted by the Planning Board within the buffer area to ensure continuity of development with adjoining properties. Said buffer area may be included for purposes of computing required open space within the AH-10 Zone. The buffer area may be reduced or eliminated by the Planning Board where the development within the AH-10 Zone is consistent or compatible with adjoining uses.

Impervious Coverage. The maximum impervious coverage for the site under this zoning shall be 60%.

Street Setback on Interior Roads. No building or structure shall be erected within 25 feet of the right-of-way or curb of any interior or private street or road.

Street Widths. The right-of-way and pavement widths of interior roads serving development in the AH-10 Zone shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs, including access for firefighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than 24 feet and the widths of sidewalks shall be not less than four feet. Dedicated streets shall conform to Township specifications.

Sidewalks. Sidewalks will be constructed to have a minimum of four-foot width.

Height. No building shall exceed a maximum of three stories nor 40 feet in height.

Distance Between Structures. No residential structure and no additions thereto shall be erected closer than 30 feet to another structure, with the exception of accessory structures, and residential side building wall to side building wall where a minimum setback of 25 feet is required.

Structures. No building shall exceed a length of 230 feet. No building shall have more than three continuous attached dwelling units with the same setback, and variations in setback shall be at least four feet. Variations shall also be achieved by the type of roof, including the height of eaves and peaks and by architectural treatment of the building facade. Facades shall include a stone or brick base, vertical elements and accents along with window trim and building molding. Balconies and patios are encouraged. Building plans and elevations shall accompany the application and shall show a variation in design of units and structure sufficient to satisfy the intent of this provision.

Off-Street Parking Requirements. Within any development in the AH-10 Zone, there shall be provided conveniently located off-street parking facilities for all buildings as set forth in § 13-8.701. A minimum distance of 12 feet between buildings and parking areas shall be provided.

Common Open Space Requirements. Open space areas shall be provided and may be developed with active and passive recreational facilities or may remain undeveloped, but provided with walking/bicycle paths. These common open spaces, where not developed as provided herein, shall be kept in their natural state.

Recreation. Any recreational areas for the use of the owners or occupants of the development or the Township at large must be identified in accordance with a plan specifying the types of improvements, which plan shall be furnished by the developer at the time of application and approved by the Planning Board.

Identification Signs. Notwithstanding § 13-8.9, there may be entrance monuments with signs constructed at the major point(s) of access to the community. Each sign shall be no larger than 30 square feet, shall not exceed seven feet in height, and shall not obstruct sight triangles. To the greatest extent possible these entrance signs and monuments shall be in keeping with the architectural theme of the development, subject to the review and approval of the Planning Board. Signs may be illuminated using low-wattage (75 watts or less) floodlights which are downward facing and do not create light trespass to adjoining properties.

Protection of Open Spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

Community amenities such as recreation, open space, dog park, playground, meeting rooms, workout rooms, parcel delivery/pickup rooms, bicycle storage, billiards, etc., shall be maintained by the project owners. Both the market-rate unit residents and the affordable unit residents shall have access to all community amenities, and affordable unit residents will not be assessed additional fees, beyond the base rent, for use of any of the community amenities.

§ 13-7.18J AH-11 AFFORDABLE HOUSING RESIDENTIAL DISTRICT.

§ 13-7.18J01 Principal Permitted Use.

[Added 5-24-2022 by Ord. No. 12-22]

The AH-11 Affordable Housing Residence District is established and designed to encourage the development of very-low-, low- and moderate-income housing through provisions for set-aside units to meet this need and the Township's affordable housing obligation under the Mt. Laurel II decision of the New Jersey Supreme Court. The AH-11 Zone includes unique properties where permitting higher-density residential development will further the objectives of the Roxbury Master Plan to provide for affordable housing opportunities throughout the Township.

The AH-11 Zone includes properties containing unique characteristics where an increased density will encourage residential development and redevelopment more in character with the surrounding area. The zone permits apartment complexes at a gross density of nine units per acre with a 20% affordable housing set-aside, or 106 affordable units on lots in Block 9202 for low- and moderate-income housing to be provided. Development of the zone must take into account sensitive environmental areas and create a context taking into consideration the surrounding land uses and on-site constraints.

Permitted principal uses include apartment complexes.

§ 13-7.18J02 Required Conditions.

[Added 5-24-2022 by Ord. No. 12-22]

The following requirements must be complied with in the AH-11 Affordable Housing Residence District.

Intensity of Development. The intensity of development shall be limited to a density of nine units per acre.

Set-Aside Provisions. A set-aside of 20% of the dwelling units are to be occupied by low- and moderate-income families pursuant to all the requirements set forth in § 13-7.826, Low- and Moderate-Income Housing, Uniform Housing Affordability Controls (UHAC), and all other applicable provisions of this chapter. All affordable housing units are subject to a thirty-year deed restriction for affordability. The applicant shall be responsible for the administration, monitoring and compliance of the project's affordable housing in accordance with applicable statutes and regulations, and shall provide copies of all relevant documents to the Township. The construction of affordable units will be phased in accordance with COAH regulations. The exterior building facades of affordable units shall be substantially similar to market-rate units, such that it will not be apparent when driving through the development which units are market rate and which units are moderate- and low-income.

Setback on Existing Roads. A minimum building setback distance or front yard of 50 feet and parking lot setback of 25 feet shall be provided on all existing roads.

Boundary Line Setback. No building or structure shall be erected closer than 50 feet to a residentially zoned property line and 25 feet from a nonresidentially zoned property line. A buffer area of at least 25 feet in width shall be maintained along the AH-11 boundary. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking, stormwater basins or other uses, shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to ensure continuity of development with adjoining properties. Said buffer area may be included for purposes of computing required open space within the AH-11 Zone. The buffer area may be reduced or eliminated by the Planning Board where the development within the AH-11 Zone is consistent or compatible with adjoining uses.

Impervious Coverage. The maximum impervious coverage for the site under this zoning shall be 60%.

Street Setback on Interior Roads. No building or structure shall be erected within 25 feet of the right-of-way of any interior or private street or road.

Street Widths. The right-of-way and pavement widths of interior roads serving development in the AH-11 Zone shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs, including access for firefighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than 24 feet and the widths of sidewalks shall be not less than four feet. Dedicated streets shall conform to Township specifications.

Sidewalks. Sidewalks will be constructed to have a minimum of four-foot width.

Height. No building shall exceed a maximum of three stories nor 40 feet in height.

Structures. No building shall exceed a length of 175 feet. No building shall have more than three continuous attached dwelling units with the same setback, and variations in setback shall be at least four feet. Variations shall also be achieved by the type of roof, including the height of eaves and peaks, and by architectural treatment of the building facade. Facades shall include a stone or brick base, vertical elements and accents along with window trim and building molding. Balconies and patios are encouraged. Building plans and elevations shall accompany the application and shall show a variation in design of units and structure sufficient to satisfy the intent of this provision.

Off-Street Parking Requirements. Within any development in the AH-11 Zone, there shall be provided conveniently located off-street parking facilities for all buildings as set forth in § 13-8.701.

Common Open Space Requirements. At least 25% of the total land area of a development within the AH-11 Zone shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped, but provided with walking/bicycle paths. These common open spaces, where not developed as provided herein, shall be kept in their natural state where wooded and, where natural vegetation is sparse or nonexistent, the Planning Board may require the provision for reasonable landscaping of these areas.

Recreation. At least 7% of the total area of the tract shall be improved for recreational purposes for the use of the owners or occupants of the development or the Township at large in accordance with a plan specifying the types of improvements, which plan shall be furnished by the developer at the time of application and approved by the Planning Board. Such recreational improvement may include but is not limited to such things as tot lots, intermediate play areas or swimming pools.

Identification Signs. Notwithstanding § 13-8.9, there may be entrance monuments with signs constructed at the major point(s) of access to the community. Each sign shall be no larger than 30 square feet, shall not exceed seven feet in height, and shall not obstruct sight triangles. To the greatest extent possible these entrance signs and monuments shall be in keeping with the architectural theme of the development, subject to the review and approval of the Planning Board. Signs may be illuminated using low-wattage (75 watts or less) floodlights which are downward facing and do not create light trespass to adjoining properties.

Ownership and Maintenance of Common Open Space. The landowner may provide for and establish an organization for the ownership and maintenance of any common open space, and such organization shall not be dissolved not shall it dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space, or by dedicating the same to the Township, only if the Township agrees to accept such dedication.

Protection of Open Spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

Community amenities such as recreation, open space, dog park, playground, meeting rooms, workout rooms, parcel delivery/pickup rooms, bicycle storage, billiards, etc., shall be maintained by the project owners. Both the market-rate unit residents and the affordable unit residents shall have access to all community amenities, and affordable unit residents will not be assessed additional fees, beyond the base rent, for use of any of the community amenities.

Affordable housing residential units. All affordable housing residential units shall be provided with heating and air-conditioning units, refrigerator, stove, oven, microwave, washing machine and dryer. Parking shall be provided per Code at no extra charge.

§ 13-7.19 R-R RURAL RESIDENCE DISTRICT.

§ 13-7.1901 Required Conditions.

[Ord. No. 10-10]

The following requirements must be complied with in the R-R Rural Residence District:

Principal Permitted Uses.

Single family detached dwellings.

Essential services.

Cluster development option pursuant to Section 13-7.827.1

Permitted Accessory Uses.

Off-street parking.

Private residential tool sheds.

Private residential swimming pools.

Fences.

Signs subject to the provisions of Section 13-8.9.

Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

Permitted Conditional Uses.

Institutional uses.

Home businesses.

Flag lots.

Area, Yard and Building Requirements.

Minimum lot area: 3 acres.

Minimum lot width at setback:

Interior and cul-de-sac lots: 250 feet.

Corner lots: 275 feet on both streets.

Minimum lot depth: 250 feet.

Minimum lot frontage:

Interior lots: 200 feet.

Cul-de-sac lots: 100 feet.

Corner lots: 275 feet on both streets.

Minimum front yard setback: 100 feet.

Minimum rear yard setback:

Principal building: 100 feet.

Accessory building: 20 feet.

Private swimming pool: 50 feet.

Minimum side yard setback:

Principal building: each side yard at least 50 feet, and aggregate of both side yards at least forty (40%) percent of lot width at setback.

Accessory building: 20 feet.

Private swimming pool: 20 feet.

Maximum building height:

Principal building: 35 feet and in no event shall the building contain more than 2 1/2 stories.

Accessory building: 15 feet.

Maximum impervious and building coverage: Maximum impervious coverage: twenty (20%) percent of lot area. Maximum building coverage: fifteen (15%) percent of lot area.

§ 13-7.19A RR-5 RURAL RESIDENCE DISTRICT.

§ 13-7.19A01 Required Conditions.

The following conditions must be complied with in the RR-5 Rural Residence District:

Principal Permitted Uses: All uses permitted in the R-R Zone.

Permitted Accessory Uses: Accessory uses permitted in the R-R Zone.

Permitted Conditional Uses: Conditional uses permitted in the R-R Zone.

Area, Yard and Building Requirements: Identical to R-R District requirements per Section 13-7.1901D, except:

Minimum lot area: 5 acres.

Maximum impervious coverage: fifteen (15%) percent. Maximum building coverage: ten (10%) percent.

§ 13-7.20 OS OPEN SPACE DISTRICT.

§ 13-7.2001 Purpose.

The purpose of the Open Space District is the preservation and enhancement of open space, environmentally sensitive areas and recreation.

§ 13-7.2002 Required Conditions.

[Ord. No. 17-09 § 7]

The following requirements must be complied with in the OS Open Space District:

Principal Permitted Uses.

Open space and conservation areas.

Public parks and playgrounds.

Agriculture.

Single family detached dwellings.

Essential services.

Cluster Development Option pursuant to Section 13-7.827.1.

[Ord. No. 19-04 § 1]

Permitted Accessory Uses.

Off-street parking.

Fences and walls.

Signs.

Other customary accessory uses, buildings and structures which are clearly incidental to the principal use and building.

Area, Yard and Building Requirements.

Minimum lot area: 3 acres

Minimum lot depth: 250 feet

Minimum lot frontage:

Interior lots: 200 feet.

Cul-de-sac lots: 100 feet.

Corner lots: 275 feet on both streets.

Minimum lot width at setback:

Interior and cul-de-sac lots: 250 feet.

Corner lots: 275 feet on both streets.

Minimum front yard setback: 100 feet.

Minimum rear yard setback:

Principal building: 100 feet.

Accessory building: 20 feet.

Private swimming pool: 50 feet.

Minimum side yard setback:

Principal building: Each side yard at least 50 feet, and aggregate of both side yards at least forty (40%) percent of lot width at setback.

Accessory building: 20 feet.

Private swimming pool: 20 feet.

Maximum building height:

Principal building: 35 feet and in no event shall the building contain more than 2 1/2 stories.

Accessory building: 15 feet.

Maximum impervious coverage: twenty (20%) percent of lot area.

Maximum building coverage: fifteen (15%) percent of lot area.

Maximum floor area ratio (for nonresidential development): .18.

§ 13-7.21 GU GOVERNMENT USE DISTRICT.

§ 13-7.2101 Purpose.

[Ord. No. 07-2016]

The purpose of the Government Use District is to permit the development of institutional uses, affordable housing, and municipal facilities and activities.

§ 13-7.2102 Required Conditions.

[Ord. No. 07-2016]

The following requirements must be complied with in the GU Government Use District:

Principal Permitted Uses.

Municipal facilities and activities including but not limited to, offices, storage yards, and maintenance facilities.

Institutional uses as defined in Section 13-1.2.

Essential services.

Schools.

Libraries.

Museums.

Public parks and playgrounds.

Open space and conservation areas.

Affordable housing in accordance with the Township Housing Plan Element of the Master Plan.

Nursing homes and assisted living facilities.

Single family detached dwellings.

Agriculture.

Permitted Accessory Uses.

Off-street parking.

Garages, storage buildings and tool sheds.

Fences and walls.

Signs.

Outdoor bulk storage subject to the provisions of Section 13-7.816.

Other customary accessory uses, buildings and structures which are clearly incidental to the principal use and building.

Area, Yard and Building Requirements.

Minimum lot area: 40,250 square feet.

Minimum lot frontage: 150 feet.

Minimum lot width at setback: 175 feet.

Minimum front yard setback: 50 feet except 35 feet for property located along Main Street Succasunna.

Minimum rear yard setback:

Principal building: 50 feet.

Accessory building: 10 feet.

Minimum side yard setback:

Principal building: 20 feet.

Accessory building: 10 feet.

Maximum building height: 35 feet and in no event shall the building contain more than 2 1/2 stories.

Maximum impervious coverage: seventy (70%) percent.

Maximum floor area ratio: .25.

§ 13-7.21A GENERAL PROVISIONS FOR COMMERCIAL/INDUSTRIAL ZONES.

§ 13-7.21A01 Residential Buffer.

A continuous landscaped buffer area of not less than thirty-five (35) feet width shall be maintained between any commercial use in the B-1, B-1A, B-2 or PO/R Districts and an adjoining residential district boundary line. A continuous landscaped buffer area of not less than fifty (50) feet width shall be maintained between any commercial use located in any other commercial/industrial districts and an adjoining residential district boundary line.

§ 13-7.21A02 Noise Control.

No commercial/industrial use shall be permitted within five hundred (500) feet of a residential district unless such use demonstrably conforms to all applicable requirements of Chapter XXI, "Noise Control", of the Revised General Ordinances of the Township.

§ 13-7.21A03 Driveways and Roadways.

[Ord. No. 24-01 § 1]

No driveway or roadway for the purpose of ingress to or egress from any office, commercial or industrial use shall be located such that the outlet for such driveway or roadway is located on a municipal street in a residential district.

§ 13-7.21A04 Hours of Business Operations.

[Ord. No. 26-04 § 1; Ord. No. 17-09 § 8]

Any structure, including without limitation parking lots and driveways, in or upon which commercial activity is conducted between the hours of 11:00 p.m. and 6:00 a.m. shall have a minimum setback of two hundred (200) feet from such structure to a residential district.

§ 13-7.22 PO/R PROFESSIONAL OFFICE/RESIDENTIAL DISTRICT.

§ 13-7.2201 Purpose.

The purpose of the Professional Office/Residential District is to permit residentially scaled office development and conversions of existing residences to office uses that are compatible with adjacent residential neighborhoods.

§ 13-7.2202 Required Conditions.

[Ord. No. 17-09 §§ 9—12]

The following requirements must be complied with in the POR Professional Office/Residential District:

Principal Permitted Uses.

Office buildings, including business, professional, medical and administrative.

Offices for financial institutions (excluding drive-thru windows and automatic teller machines as permitted under Section 13-7.2202C4).

Home offices.

Child care centers licensed by the Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq.

Essential services.

Expansions of existing single-family detached residential dwellings that maintain the character and single-family use of the existing dwelling.

Permitted Accessory Uses.

Any accessory use permitted in the B-1 Limited Business District.

Permitted Conditional Uses.

Institutional uses in accordance with the conditions set forth in Section 13-7.3503, provided further that such uses shall be compatible in scale and character with neighboring residential dwellings.

Nursing homes and assisted living facilities, in accordance with the conditions set forth in Section 13-7.3504, provided further that such uses shall be compatible in scale and character with neighboring residential dwellings.

Banks with drive-through windows and/or automatic teller machines (ATMs), provided that a minimum fifty (50) foot landscaped buffer is maintained between any drive-through lane or ATM and the closest residential property line.

Area, Yard and Building Requirements.

Minimum lot area: 10,000 square feet.

Minimum lot frontage and lot width at setback:

Interior lots: 75 feet.

Corner lots: 85 feet.

Minimum front yard setback: 40 feet, except that when the existing buildings on the same side of the street within 200 feet from an established setback, new buildings may conform to such an established line, provided no new building may project closer than 30 feet to the front property line.

Minimum rear yard setback:

Principal building: 20 feet.

Accessory building: 5 feet.

Minimum side yard setback:

Principal building: 10 feet.

Accessory building: 5 feet.

Maximum building height:

Principal commercial building: 2 stories and not more than 35 feet. Principal residential building: 2 1/2 stories and not more than 35 feet.

Accessory building: 15 feet.

Maximum floor area ratio shall be .20, except for lots and/or tracts having direct highway access, for which the maximum floor area ratio shall be .25.

Maximum impervious coverage: fifty-five (55%) percent.

Residential conversions: The conversion of an existing residential structure to any nonresidential use or new construction of a nonresidential use shall only be permitted where the character of the existing structure is maintained or where the new structure reflects a residential character and all off-street parking and other requirements contained in this Ordinance are met.

Parking setbacks for nonresidential development: Parking, including access driveways and aisles, shall be located no closer than 10 feet to a front building wall and no closer than 5 feet to the side and rear building walls.

§ 13-7.23 B-1 LIMITED BUSINESS DISTRICT.

§ 13-7.2301 Purpose.

This district is designated for retail and service type businesses compatible with nearby residential uses.

§ 13-7.2302 Required Conditions.

[Ord. No. 17-09 § 13]

Principal Uses.

Retail and service businesses, excluding theaters, cinemas, garden centers and plant nurseries.

Business and professional offices.

Banks and financial institutions.

Restaurants, excluding drive-thru facilities.

Taverns and bars.

Child care centers as governed by C. 40:55D-66.6 of the Municipal Land Use Law.

Essential services.

Accessory Uses.

Off-street parking.

Fences.

Signs subject to the provisions of Section 13-8.9.

Customary accessory uses and buildings which are clearly incidental to the principal use and building.

Conditional Uses.

Institutional uses.

Residential apartments located on the second floor in a building containing a retail store or service establishment on the first floor. Not more than two family units shall be permitted in any one structure and one additional family unit can be added for each additional three thousand five hundred (3,500) square feet of lot area in excess of the required ten thousand (10,000) square feet. The maximum number of family units on any lot shall not exceed five. A minimum of fifty (50%) percent of these units shall meet the requirements and objectives set forth in Section 13-7.826 to create additional apartments for low and moderate income units within the Township of Roxbury. Of these affordable units, one-half shall be set aside for low income and one-half shall be set aside for moderate income units. Low and moderate units constructed pursuant to this Section shall be rental units and shall be subject to the affordability controls found in Section 13-7.826 for a period of not less than 30 years. Except as otherwise noted above, such apartments shall meet the following criteria:

Minimum floor area for accessory dwelling units:

Efficiency units: 450 square feet.

One-bedroom units: 600 square feet.

Two-bedroom units: 750 square feet.

Three-or-more bedroom units: 880 square feet.

Bedroom mix for multiple dwelling unit buildings shall be in accordance with Section 13-7.826.

The dwelling units shall be a complete and independent living area containing a living/sleeping area with a kitchen and complete sanitary facilities for the exclusive use of its occupants. It shall consist of not less than two (2) rooms, one (1) of which shall be a full bathroom.

The dwelling unit may only be developed in combination with a permitted nonresidential use which must be the primary use of the structure.

No dwelling unit may be located on the ground floor, basement or attic area.

For each dwelling unit, there shall be provided at least one (1) off-street parking space in addition to the parking requirement otherwise specified in Section 13-8.701 having direct and unrestricted driveway access and not blocked by any other parking space.

No directly contiguous nonresidential use shall be permitted on the same floor with a residential use.

The residential portion of any structure shall have a separate entrance upon a street either directly or via an unobstructed passageway.

Area, Yard and Building Requirements.

Minimum lot area: 10,000 square feet.

Minimum lot width at setback: 100 feet.

Minimum lot frontage: 100 feet.

Minimum front yard setback: 35 feet.

Minimum rear yard setback:

Principal building: 20 feet.

Accessory building: 20 feet.

Minimum side yard setback:

Principal building: 10 feet.

Accessory building: 10 feet.

Maximum building height: 2 stories and not more than 28 feet.

Maximum floor area ratio: .20.

Maximum impervious coverage: sixty (60%) percent.

Parking setbacks: parking, including access aisles and driveways, shall be located no closer than 10 feet to a front building wall and no closer than 5 feet to the side and rear building walls.

§ 13-7.24 B-1A LIMITED BUSINESS DISTRICT.

§ 13-7.2401 Primary Intended Use.

This district is limited to principal uses and accessory uses permitted in the B-1 Limited Business District.

§ 13-7.2402 Prohibited Uses.

In addition to the restrictions set forth in Section 13-7.815. the following uses are also expressly prohibited:

Any uses prohibited in the OR-5 District, except self-storage facilities and retail sales and services other than those specifically mentioned in Section 13-7.3302E1.

[Ord. No. 04-05 § 1]

Any process of manufacture, fabrication, assembly, disassembly, treatment, conversion or alteration of any material.

Outdoor storage or storage yards for materials or equipment, wholesale buildings, and storage buildings or warehouses, except self-storage facilities.

[Ord. No. 04-05 § 1]

Fuel distributing plants, junk yards, lumber yards, incinerators, other solid waste facilities, hazardous waste facilities, radioactive storage.

Carting, hauling or expressing.

Trailer camps or storage or parking of trailers.

The commercial care, boarding, treatment or breeding of domestic animals.

Storage of crude oil or any of its volatile products or other flammable products.

Automotive/vehicular sales, service, repair or related use.

§ 13-7.2403 Required Conditions.

[Ord. No. 17-09 § 14]

The following requirements must be complied with in the B-1A District.

Lot Area. There shall be a minimum lot area of 20,000 square feet.

Lot Width at Setback. There shall be a minimum lot width at setback of 125 feet.

Frontage. There shall be a minimum frontage of 125 feet measured along the right-of-way.

Front Yard. There shall be a minimum front yard of 40 feet.

Side Yard. There shall be two side yards and no side yard shall be less than 10 feet.

Rear Yard. There shall be a rear yard of at least 20 feet unobstructed by buildings or other permanent structures.

Height. No building shall exceed a height of 2 stories or 28 feet.

Floor Area Ratio. There shall be a maximum floor area ratio of .15.

Impervious Coverage. There shall be a maximum impervious coverage of the lot of fifty (50%) percent.

Yards - Accessory Structures. There shall be a rear yard and side yard for accessory structures no less than that permitted for principal structures. No accessory structure shall be permitted in the front yard.

Where a parcel located in the B-1A district abuts a residential district, a 30 foot buffer in addition to the applicable setback shall be required abutting the residential district boundary. This buffer will be landscaped as required above in a manner that will provide an adequate buffer screen as determined by the reviewing board.

Parking Setbacks: parking, including access aisles and driveways, shall be located no closer than 10 feet to a front building wall and no closer than 5 feet to the side and rear building walls.

§ 13-7.2404 Conditional Use.

[Ord. No. 04-05 § 3]

All conditional uses permitted in the B-1 District.

Self-storage facilities.

§ 13-7.25 B-2 HIGHWAY BUSINESS DISTRICT.

§ 13-7.2501 Purpose.

This district is designed for retail and service type business uses.

§ 13-7.2502 Required Conditions.

[Ord. 17-09 § 15]

Principal Uses.

All principal uses permitted in the B-1 Limited Business District.

Restaurants with drive-thru facilities.

Lumber yards.

Theaters and cinemas.

Accessory Uses.

Off-street parking.

Fences.

Signs subject to the provisions of Section 13-8.9.

Outdoor display of merchandise subject to the provisions of Section 13-7.817.

Customary accessory uses and buildings which are clearly incidental to the principal use and building.

Conditional Uses.

Institutional uses.

Nursing homes and assisted living facilities.

Motor vehicles sales establishments.

Vehicular service stations.

Area, Yard and Building Requirements.

Minimum lot area: 10,000 square feet.

Minimum lot width at setback: 100 feet.

Minimum lot frontage: 100 feet.

Minimum front yard setback: 40 feet.

Minimum rear yard setback:

Principal building: 20 feet

Accessory building: 20 feet

Minimum side yard setback:

Principal building: 10 feet

Accessory building: 10 feet

Maximum building height: 2 stories and not more than 28 feet unless the lot shall be adjacent to an interstate highway interchange, in which event the maximum building height may be increased to, but shall not exceed, 40 feet. Design elements such as clock towers, sky lights, entrance treatments and similar features shall be permitted at the discretion of the Board but in no case exceed a 50 foot height from grade to top of roof.

Maximum floor area ratio: .20

Maximum impervious coverage: sixty (60%) percent.

Parking setbacks: parking, including access aisles and driveways, shall be located no closer than 10 feet to a front building wall and no closer than 5 feet to the side and rear building walls.

§ 13-7.26 B-3 PLANNED SHOPPING CENTER DISTRICT.

§ 13-7.2601 Purpose.

This district is designed for a building or group of buildings in single ownership used exclusively for retail sales and services and business or professional offices.

§ 13-7.2602 Required Conditions.

Principal Uses.

All principal uses permitted in the B-1 Limited Business District.

Restaurants with drive-thru facilities.

Theaters and cinemas

Accessory Uses.

Off-street parking.

Fences.

Signs subject to the provisions of Section 13-8.9.

Customary accessory uses and buildings which are clearly incidental to the principal use and building.

Conditional Uses.

Institutional uses.

Nursing homes and assisted living facilities.

Area, Yard and Building Requirements.

Minimum lot area: 3 acres.

Minimum lot width at setback: 300 feet.

Minimum lot frontage: 300 feet.

Minimum front yard setback: 40 feet.

Minimum rear yard setback:

Principal building: 30 feet

Accessory building: 30 feet

Minimum side yard setback:

Principal building: 25 feet

Accessory building: 25 feet

Maximum building height: 2 stories and not more than 28 feet; however, design elements such as clock towers, sky lights, entrance treatments and similar features shall be permitted at the discretion of the Board but in no case exceed a 50 foot height from grade to top of roof.

Maximum floor area ratio: .27

Maximum impervious coverage: sixty-five (65%) percent.

Parking setbacks: parking, including access aisles and driveways, shall be located no closer than 10 feet to a front building wall and no closer than 5 feet to the side and rear building walls.

§ 13-7.27 OB OFFICE BUILDING DISTRICT.

§ 13-7.2701 Purpose.

This district is designed for business and professional office buildings as well as limited retail sales principally serving the occupants of the OB District.

§ 13-7.2702 Required Conditions.

[Ord. No. 17-09 § 16]

Principal Permitted Uses.

Business and professional offices.

Child care centers as governed by C. 40:55D-66.6 of the Municipal Land Use Law.

Essential services.

Accessory Uses.

Retail sales incidental to the principal use and servicing the occupants of the same premises.

Off-street parking.

Fences.

Signs subject to the provisions of Section 13-8.9.

Customary accessory uses and buildings which are clearly incidental to the principal use and building.

Conditional Uses.

Institutional uses.

Nursing homes and assisted living facilities.

Planned Highway Area Commercial Development.

Area, Yard and Building Requirements.

Minimum lot area: 5 acres.

Minimum lot width at setback: 400 feet.

Minimum lot frontage: 400 feet.

Minimum front yard setback: 40 feet.

Minimum rear yard setback:

Principal building: 40 feet.

Accessory building: 40 feet.

Minimum side yard setback:

Principal building: 40 feet.

Accessory building: 40 feet.

Maximum building height: no building shall exceed a maximum of 4 stories nor 48 feet in height, except that roof appurtenances in excess of such height may be erected after review and approval by the Planning Board.

Maximum floor area ratio: .25.

Maximum impervious coverage: fifty-five (55%) percent.

Distance between structures: no structure, no addition thereto, nor any structure accessory thereto shall be erected closer to another structure than one and one-half the height of the taller structure.

CONDOMINIUM TOWNHOUSE DWELLING STRUCTURE

Parking setbacks: parking shall be located no closer than 20 feet to a front building wall and no closer than 10 feet to the side and rear building walls.

§ 13-7.28 MFR MULTI-FAMILY RESIDENTIAL DISTRICT.

§ 13-7.2801 Principal Permitted Use.

The MFR Multi-Family Residential District permits condominium townhouse residences on a comprehensively designed residential neighborhood basis as well as accessory building and accessory uses as further regulated in this Ordinance.

§ 13-7.2802 Required Conditions.

All development shall comply with the following requirements.

Minimum Tract Size. The minimum tract of land to be developed on a comprehensively designed residential neighborhood basis in this district shall be at least twenty (20) acres.

Gross Residential Density. The gross residential density within any designed residential neighborhood development in this district shall not exceed six (6) dwelling units per gross acre.

Setback on Existing Roads. A minimum setback distance or front yard of fifty (50) feet shall be provided on all existing Township, County and State roads.

Boundary Line Setback. No building or structure shall be erected closer than fifty (50) feet to the zone boundary line within this district and a buffer area of at least twenty-five (25) feet in width shall be maintained along said zone boundary. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to insure continuity of development with adjoining properties. Said buffer area may be included for purposes of computing required open space within this district. The buffer area may be reduced or eliminated by the Planning Board where the development within this district is consistent or compatible with adjoining uses.

Street Setback on Interior Roads. No building or structure shall be erected within twenty-five (25) feet of the right-of-way of any interior public or private street or road.

Street Widths. The right-of-way and pavement widths of interior roads serving developments in this district shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposal and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs including access for fire fighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than twenty-four (24) feet and the widths of sidewalks shall be no less than four (4) feet. Dedicated streets shall conform to Township specifications.

Height. No building shall exceed a maximum of three and one-half (3) stories nor thirty-six (36) feet in height.

Distance Between Structures. No residential structure, no additions thereto nor any structures accessory thereto shall be erected closer than thirty (30) feet to another structure.

Townhouse Structures. A townhouse dwelling structure shall contain not more than eight (8) townhouse dwelling units; provided, however, that the average for the entire townhouse development shall not exceed six (6) units per structure. No townhouse dwelling structure shall have more than three (3) continuous attached townhouse dwelling units with the same setback, and variations in setback shall be at least four (4) feet. Variations shall also be achieved by the type of roof, including the height of eaves and peaks and by architectural treatment of the building facade. Building plans and elevations shall accompany the application and shall show a variation in design of units and structure sufficient to satisfy the intent of this provision.

Fire Walls. Provision shall be made for fire wall construction between all dwelling units.

Utilities and Services. The developer shall furnish as a condition precedent to action by the Planning Board, an acceptable public water supply and sanitary sewer facilities based upon written agreements and written approval of appropriate Township and State authorities. The developer shall provide for all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities, lighting and fire protection systems, making reasonable provision for service connections with adjoining properties in other ownership.

Off-Street Parking Requirements. Within any development in this district, there shall be provided conveniently located off-street parking facilities for all building as set forth in Section 13-8.701.

Common Open Space Requirements. At least twenty-five (25%) percent of the total land area of a development within this district shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped. These common open spaces, where not developed as provided herein, shall be kept in their natural state where wooded and, where natural vegetation is sparse or nonexistent, the Planning Board may require the provision for reasonable landscaping of these areas.

Recreation. At least ten (10%) percent of the total area of the tract shall be improved for recreational purposes for the use of the owners or occupants of the development or the Township at large in accordance with a plan specifying the types of improvements, which plan shall be furnished by the developer at the time of application and approved by the Planning Board. Such recreational improvements may include, but are not limited to such things as tot lots, intermediate play areas or swimming pools.

Protection of Open Spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

Lot Designation. Pursuant to all required land development regulations, every structure or group of structures and uses and every designed lot area or cluster of units having services, facilities or utilities in common private usage and in common ownership or control by its occupants or which functions as an independent corporate property owner or agency of management shall be located upon and within a lot or plat of land which shall be fully dimensioned and designated as representing the area of responsibility and extent of such individual or group ownership or management as may be established by ownership in full or partial fee or for lease under deed covenant, lease, contract or such other conditions of usage or occupancy legally established and recorded therefor; and a description of each such lot shall be filed.

§ 13-7.2803 Procedural Requirement.

Site Plan Application. All applicants for development in this district shall be required to submit a site plan to the Planning Board pursuant to the provisions of Article 3 for its review and approval.

Subdivision Application. Where a development in this district will also require the subdivision of land, the applicant shall file a concurrent application for subdivision pursuant to the requirements of this Ordinance.

Sedimentation Control Plan. Every application for development in this district shall be accompanied by a sediment control plan which shall be reviewed and approved in accordance with the provisions of State statutes.

Environmental Impact Statement. Every application for development in this district shall be accompanied by an environmental impact statement which shall be approved by the Planning Board after review and recommendation by the Roxbury Environmental Commission.

§ 13-7.2804 Definitions.

For the purposes of this Section, the following terms shall have the following meaning:

COMMON OPEN SPACE

shall mean a parcel or parcels of land or an area of water, or a combination of land and water within a development, designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the development.

shall mean a structure containing two or more condominium townhouse dwelling units which in combination with other such structures are situated in a properly landscaped setting providing necessary vehicular and pedestrian circulation, off-street parking, recreational facilities and other service amenities.

CONDOMINIUM TOWNHOUSE DWELLING UNIT

shall mean one of a series of single-family dwelling units in individual condominium ownership attached by a common partition between it and an adjacent unit or units either vertically or laterally together with an individual entrance, terrace or balcony not shared by any adjoining unit designed as an integral part of each unit and having been constructed in conformity with an approved development plan.

§ 13-7.28B MMFR Main Street Multifamily Residence District.

[Added 10-9-2018 by Ord. No. 14-18]

§ 13-7.28B01 Purpose.

The purpose of the Main Street Multifamily District is to provide multifamily housing with an affordable housing component that is compatible in context and enhances the unique historical, cultural, aesthetic, and scenic character of the Township's Main Street Succasunna Historical District.

§ 13-7.28B02 Required Conditions.

Principal Permitted Uses: Multifamily housing: Five for-sale 2 1/2 -story townhouses and two for-sale affordable stacked flats.

Permitted Accessory Uses:

Off-street parking.

Gazebo.

Residential tool shed.

Trash/recycling enclosure.

Patio.

Fences.

Signs subject to the provisions of § 13-8.9.

Area, Yard and Building Requirements:

Minimum lot area: 80,000 square feet.

Minimum lot width at setback: 225 feet.

Minimum lot frontage: 225 feet.

Minimum front yard setback: 35 feet.

Minimum front yard gazebo setback: 40 feet.

Minimum rear yard setback: 100 feet.

Minimum side yard setback: 10 feet.

Maximum building coverage: 25%.

Maximum impervious coverage: 35%.

Minimum front yard parking lot setback: 80 feet.

Maximum principal building height: 2 1/2 stories/35 feet.

Maximum accessory building height: 18 feet.

Common area amenities shall comply with principal yard setbacks.

Minimum rear yard residential zone buffer consisting of natural vegetation and supplemented landscape screening: 35 feet.

Architectural treatment/style shall be compatible and consistent with the character of the area (colonial/light Victorian). A front-facing covered porch shall be incorporated within the unit closest to Main Street.

A townhouse dwelling structure shall contain no more than three market townhouse units or two market townhouse units and two affordable stacked flats. The townhouse and stacked flat facade shall have its front elevation and garage facade setback a minimum of three feet from an adjoining townhouse. Variation shall also be achieved by the height of eaves and peaks and by architectural treatment of the building facade.

Market rate units shall have a two-car garage. No garage is required for affordable units.

Decorative site lighting shall be provided.

Accessory structures (except for a single gazebo and a trash/recycling enclosure as permitted by code), are prohibited within the front yard and must comply with principal building setbacks.

Common surface parking area shall be screened from adjoining residential properties and landscaped facing Main Street.

Main Street Streetscape Design Standards shall be provided in accordance with § 13-8.11.

Affordable units shall comply with the requirements of § 13-7.826 Application and Interpretation of Low/Moderate Housing Provisions, as applicable.

Common area and open space shall be owned and maintained by a condominium owner's association.

§ 13-7.29 I-1 LIMITED INDUSTRIAL DISTRICT.

§ 13-7.2901 Purpose.

This district is designed for industrial uses, business and professional offices, sales, and limited retail sales incidental to the principal use.

§ 13-7.2902 Required Conditions.

Principal Permitted Uses.

Business and professional offices.

Research and engineering offices and labs.

Warehouses including mini-warehousing/self-storage.

Manufacturing, fabrication, assembly and processing operations.

Child care centers as governed by C. 40:55D-66.6 of the Municipal Land Use Law.

Essential services.

Accessory Uses.

Off-street parking.

Fences.

Signs subject to the provisions of Section 13-8.9.

Retail sales which are an accessory use and clearly incidental to the principal permitted use occurring on the property.

Outdoor bulk storage subject to the provisions of Section 13-7.816.

Customary accessory uses and buildings which are clearly incidental to the principal use and building.

Conditional Uses.

Institutional uses.

Area, Yard and Building Requirements.

Minimum lot area: 43,560 square feet.

Minimum lot width at setback: 200 feet.

Minimum lot frontage: 200 feet.

Minimum front yard setback: 50 feet.

Minimum rear yard setback for principal and accessory buildings shall be no less than 40 feet; however, where a railroad right-of-way or power line easement abuts the rear of the property, the area within the right-of-way or easement may be considered part of the rear yard but in no case shall the rear yard setback be reduced to less than 25 feet.

Minimum side yard setback for principal and accessory building shall be no less than 30 feet; however, where a railroad right-of-way or power line easement abuts the side yard, the area within the right-of-way or easement may be considered part of the side yard but in no case shall the rear yard setback be reduced to less than 25 feet.

Maximum building height: 3 stories and not more than 42 feet.

Maximum floor area ratio: .25

Maximum impervious coverage: fifty-five (55%) percent.

Parking coverage and setbacks:

No more than thirty-five (35%) percent of the front yard area shall be used for off-street parking, including access aisles and driveways.

Parking, including access aisles and driveways, shall be located no closer than 25 feet to any adjoining street right-of-way line.

Parking, including access aisles and driveways, shall be located no closer than 10 feet to any property line or building.

Warehouse Requirements:

[Added 4-13-2021 by Ord. No. 05-21]

Maximum floor area per building: 50,000 square feet.

Minimum setback between buildings: 90 feet.

Maximum floor area ratio: 0.20.

Maximum building height: 35 feet, including roof parapet.

Storage of hazardous material is prohibited.

Loading bays on only one side of the building, facing away from any public street and any bordering residential properties.

§ 13-7.30 I-3 LIMITED INDUSTRIAL DISTRICT.

§ 13-7.3001 Purpose.

This district is designed for industrial uses, business and professional offices, and limited retail sales incidental to the principal uses.

§ 13-7.3002 Required Conditions.

Principal Permitted Uses.

All principal permitted uses allowed in the I-1 Limited Industrial District.

Lumber yards.

Wholesale building material supply yards, yards of contractors in the construction and building trades and similar operations requiring bulk storage of materials and equipment, such as building construction supplies and the equipment, vehicles and supplies of heavy equipment contractors subject to bulk storage provisions of Section 13-7.816.

Accessory Uses.

All accessory uses allowed in the I-1 Limited Industrial District.

Conditional Uses.

Institutional uses.

Wholesale/discount self-service store centers containing a minimum floor area of seventy-five thousand (75,000) square feet and no more than three (3) stores, provided that the property abuts a business zone permitting retail uses.

Area, Yard and Building Requirements.

Minimum lot area: 3 acres.

Minimum lot width at setback: 300 feet.

Minimum lot frontage: 300 feet.

Minimum front yard setback: 100 feet.

Minimum rear yard setback for principal and accessory buildings shall be no less than 50 feet; however, where a railroad right-of-way or power line easement abuts the rear of the property, the area within the right-of-way or easement may be considered part of the rear yard but in no case shall the rear yard setback be reduced to less than 25 feet.

Minimum side yard setback for principal and accessory buildings shall be no less than 50 feet; however, where a railroad right-of-way or power line easement abuts the side yard, the area within the right-of-way or easement may be considered part of the side yard but in no case shall the rear yard setback be reduced to less than 25 feet.

Maximum building height: 4 stories and not more than 48 feet.

Maximum floor area ratio: .25.

Maximum impervious coverage: fifty-five (55%) percent.

Parking coverage and setbacks:

No more than twenty-five (25%) percent of the front yard area shall be used for off-street parking, including access aisles and driveways.

Parking, including access aisles, shall be located no closer than 60 feet to any adjoining street right-of-way line or 20 feet to any property line within the front yard.

Parking, including access aisles and driveways, shall be located no closer than 10 feet to any side or rear property line and no closer than 15 feet to any building.

Parking, including access aisles and driveways, shall be located no closer than 20 feet to any adjacent residence district boundary line.

District boundary line restrictions: No building shall be built within 100 feet of any residence district boundary line; however, where a railroad right-of-way or power line easement abuts a residential district boundary line, the area within the right-of-way or easement may be considered in calculating the 100-foot district boundary line restriction but in no case shall the building setback from the property line be reduced to less than 50 feet.

Warehouse Requirements:

[Added 4-13-2021 by Ord. No. 05-21]

Maximum floor area per building: 50,000 square feet.

Minimum setback between buildings: 90 feet.

Maximum floor area ratio: 0.20.

Maximum building height: 35 feet, including roof parapet.

Storage of hazardous material is prohibited.

Loading bays on only one side of the building, facing away from any public street and any bordering residential properties.

§ 13-7.31 I-5 LIMITED INDUSTRIAL DISTRICT.

§ 13-7.3101 Purpose.

This district is designed for industrial uses, business and professional offices, and limited retail sales incidental to the principal use.

§ 13-7.3102 Required Conditions.

Principal Permitted Uses.

All principal permitted uses allowed in the I-3 Limited Industrial District..

Accessory Uses.

All accessory uses allowed in the I-3 Limited Industrial District.

Conditional Uses.

All conditional uses allowed in the I-3 Limited Industrial District.

Motor vehicle sale establishments.

Wireless telecommunications technology.

Area, Yard and Building Requirements.

Minimum lot area: 5 acres.

Minimum lot width at setback: 400 feet.

Minimum lot frontage: 400 feet.

Minimum front yard setback: 150 feet.

Minimum rear yard setback for principal and accessory buildings shall be no less than 75 feet; however, where a railroad right-of-way or power line easement abuts the rear of the property, the area within the right-of-way or easement may be considered part of the rear yard but in no case shall the rear yard setback be reduced to less than 25 feet.

Minimum side yard setback for principal and accessory buildings shall be no less than 75 feet; however, where a railroad right-of-way or power line easement abuts the side yard, the area within the right-of-way or easement may be considered part of the side yard but in no case shall the rear yard setback be reduced to less than 25 feet.

Maximum building height: 4 stories and not more than 48 feet.

Maximum floor area ratio: .25.

Maximum impervious coverage: fifty (50%) percent.

Parking coverage and setbacks:

No more than twenty-five (25%) percent of the front yard area shall be used for off-street parking, including access aisles and driveways.

Parking, including access aisles, shall be located no closer than 60 feet to any adjoining street right-of-way line or 20 feet to any property line within the front yard.

Parking, including access aisles and driveways, shall be located no closer than 10 feet to any side or rear property line and no closer than 15 feet to any building.

Parking, including access aisles and driveways, shall be located no closer than 20 feet to any adjacent residence district boundary line.

District boundary line restrictions: No building shall be built within 150 feet of any residence district boundary line; however, where a railroad right-of-way or power line easement abuts a residential district boundary line, the area within the right-of-way or easement may be considered in calculating the 150 foot district boundary line restriction but in no case shall the building setback from the property line be reduced to less than 50 feet.

Warehouse Requirements:

[Added 4-13-2021 by Ord. No. 05-21]

Maximum floor area per building: 50,000 square feet.

Minimum setback between buildings: 90 feet.

Maximum floor area ratio: 0.20.

Maximum building height: 35 feet, including roof parapet.

Storage of hazardous material is prohibited.

Loading bays on only one side of the building, facing away from any public street and any bordering residential properties.

§ 13-7.3103 Lot Averaging.

[Ord. No. 17-09 § 17]

Lot averaging is permitted in the I-5 District subject to the following requirements.

General Requirements. In addition to the requirements set down below, use of the lot averaging option must meet the provisions of Section 13-7.828, Lot Averaging in Office Research and Industrial Districts.

Minimum Lot Size. There shall be an average minimum lot area of 217,800 square feet measured within 545 feet of the front street right-of-way line. The minimum lot size may be reduced but in no case shall it be reduced below 108,900 square feet.

Maximum FAR. The total gross floor area of all buildings on any lot of the planned development shall not exceed twenty-five (25%) percent of the total lot area.

Maximum Impervious Coverage. The maximum impervious coverage for any lot of the planned development shall not exceed fifty (50%) percent of the total lot.

Minimum Front Yard. There shall be a front yard of not less than 150 feet for all buildings fronting on a public road and not less than 75 feet for all buildings fronting on an internal access road to a planned industrial development.

Minimum Side Yard. There shall be two side yards and for lots of 5 acres or more, each side yard shall not be less than 75 feet. For lots of under 5 acres, the side yards may be reduced to not less than 25 feet. Any side yard abutting a residential use shall not be less than 75 feet. Where a railroad right-of-way or power line easement abuts the side yard, the area within the right-of-way or easement may be considered as part of the side yard but in no case shall the side yard be reduced to less than 25 feet.

Minimum Rear Yard. There shall be a rear yard of not less than 75 feet for lots of 5 acres or more. For lots under 5 acres, the minimum rear yard shall not be less than 25 feet unless the rear yard abuts a residential use, in which case the rear yard may not be less than 75 feet. Where a railroad right-of-way or a power line easement abuts the rear yard, the area within the right-of-way or easement may be considered as part of the rear yard but in no case shall the rear yard be reduced to less than 25 feet.

District Boundary Line Restrictions. In accordance with Section 13-7.3002D11 shall be observed.

Distance Between Buildings. No structure, no addition thereto nor any structure accessory thereto shall be erected closer to another such structure than 50 feet.

Buffer. A minimum buffer of 50 feet shall be provided where industrial or office uses abut a residential use or district. This buffer shall be required in addition to the setback and shall be attractively planted with trees, shrubs, plants and grass necessary to provide a visual buffer from adjacent residential uses or districts. Parking shall not be permitted in any required buffer area.

§ 13-7.32 I-10 LIMITED INDUSTRIAL DISTRICT.

§ 13-7.3201 Purpose.

This district is designed for industrial uses, business and professional offices, and limited retail sales incidental to the principal use.

§ 13-7.3202 Required Conditions.

Principal Permitted Uses.

All principal permitted uses allowed in the I-3 Limited Industrial District.

Accessory Uses.

All accessory uses allowed in the I-3 Limited Industrial District.

Conditional Uses.

All conditional uses allowed in the I-3 Limited Industrial District.

Motor vehicle sales establishments.

Wireless telecommunications technology.

Area, Yard and Building Requirements.

Minimum lot area: 435,000 square feet.

Minimum lot width at setback: 500 feet.

Minimum lot frontage: 500 feet.

Minimum front yard setback: 200 feet.

Minimum rear yard setback for principal and accessory buildings shall be no less than 100 feet; however, where a railroad right-of-way or power line easement abuts the rear of the property, the area within the right-of-way or easement may be considered part of the rear yard but in no case shall the rear yard setback be reduced to less than 25 feet.

Minimum side yard setback for principal and accessory building shall be no less than 100 feet; however, where a railroad right-of-way or power line easement abuts the side yard, the area within the right-of-way or easement may be considered part of the side yard but in no case shall the rear yard setback be reduced to less than 25 feet.

Maximum building height: 4 stories and not more than 48 feet.

Maximum floor area ratio: .25.

Maximum impervious coverage: fifty (50%) percent.

Parking coverage and setbacks:

No more than twenty-five (25%) percent of the front yard area shall be used for off-street parking, including access aisles and driveways.

Parking, including access aisles, shall be located no closer than 60 feet to any adjoining street right-of-way line or 20 feet to any property line within the front yard.

Parking, including access aisles and driveways, shall be located no closer than 10 feet to any side or rear property line and no closer than 15 feet to any building.

Parking, including access aisles and driveways, shall be located no closer than 20 feet to any adjacent residence district boundary line.

District boundary line restrictions: No building shall be built within 175 feet of any residence district boundary line; however, where a railroad right-of-way or power line easement abuts a residential district boundary line, the area within the right-of-way or easement may be considered in calculating the 175-foot district boundary line restriction but in no case shall the building setback from the property line be reduced to less than 50 feet.

Warehouse Requirements:

[Added 4-13-2021 by Ord. No. 05-21]

Maximum floor area per building: 50,000 square feet.

Minimum setback between buildings: 90 feet.

Maximum floor area ratio: 0.20.

Maximum building height: 35 feet, including roof parapet.

Storage of hazardous material is prohibited.

Loading bays on only one side of the building, facing away from any public street and any bordering residential properties.

§ 13-7.3203 Lot Averaging.

[Ord. No. 17-09 § 17]

Lot averaging is permitted in the I-10 District subject to the following requirements.

Minimum Lot Size. There shall be an average minimum lot area of 435,000 square feet measured within 870 feet of the front street right-of-way line. The minimum lot size may be reduced but in no case shall it be reduced below 217,800 square feet.

Maximum FAR. The total gross floor area of all buildings on any lot of the planned development shall not exceed twenty-five (25%) percent of the total lot area.

Maximum Impervious Coverage. The maximum impervious coverage for any lot of the planned development shall not exceed fifty (50%) percent of the total lot area.

Minimum Front Yard. There shall be a front yard of not less than 200 feet for all building fronting on a public road and not less than 100 feet for all buildings fronting on an internal access road to a planned industrial development.

Minimum Side Yard. There shall be two side yards and for lots of ten acres or more, each side yard shall not be less than 100 feet. For lots of under 10 acres, the side yards may be reduced to not less than 50 feet. Any side yard abutting a residential use shall not be less than 100 feet. Where a railroad right-of-way or power line easement abuts the side yard, the area within the right-of-way or easement may be considered as part of the side yard but in no case shall the side yard be reduced to less than 50 feet.

Minimum Rear Yard. There shall be a rear yard of not less than 100 feet for lots of 10 acres or more. For lots under 10 acres, the minimum rear yard shall not be less than 50 feet unless the rear yard abuts a residential use, in which case the rear yard may not be less than 100 feet. Where a railroad right-of-way or a power line easement abuts the rear yard, the area within the right-of-way or easement may be considered as part of the rear yard but in no case shall the rear yard be reduced to less than 50 feet.

District Boundary Line Restrictions in accordance with Section 13-7.3102D11 shall be observed.

Distance Between Buildings. No structure, no addition thereto nor any structure accessory thereto shall be erected closer to another such structure than 50 feet.

All other requirements of Section 13-7.32 shall be in effect unless otherwise noted.

§ 13-7.33 OR-5 OFFICE RESEARCH DISTRICT.

§ 13-7.3301 Purpose.

This district is designed primarily for professional, executive and administrative offices, corporate offices and research operations with only incidental shipping and receiving related to non-production oriented uses. Also permitted are hotels and conference centers, data processing and communications businesses of a non-retail nature.

§ 13-7.3302 Required Conditions.

[Ord. No. 17-09 §§ 19, 20]

Principal Permitted Uses.

Professional, executive, corporate offices and administrative offices.

Research facilities.

Hotels and conference centers.

Data Processing and Communications

Flexible office/warehouse: maximum fifty (50%) percent warehouse.

Child care centers as governed by C. 40:55D-66.6 of the Municipal Land Use Law.

Essential services.

Agriculture.

Pond setback option.

Accessory Uses.

Uses on the same site which are clearly accessory to the principal permitted use and intended to serve the employees of the principal use, including central heating and power plants for furnishing heat and energy to structures on the site; educational facilities for training and study connected with the operation and activities of the owner or tenant; buildings for storage of documents, records, testing, research and experimental equipment; clinics; cafeterias; sundry shops for the retail sale of articles to trainees and employees; recreational facilities.

Customary accessory uses and buildings which are clearly incidental to the principal use and building.

Off-street parking.

Fences.

Signs subject to the provisions of Section 13-8.9.

Conditional Uses.

Institutional uses.

Nursing homes and assisted living facilities.

Area, Yard and Building Requirements.

Minimum lot area: 5 acres.

Minimum lot width at setback: 400 feet.

Minimum lot frontage: 400 feet.

Minimum front yard setback: 150 feet.

Maximum building height: 4 stories and not more than 48 feet.

Maximum floor area ratio: .15.

Maximum impervious coverage: Not more than forty (40%) percent of the total lot area except under the following conditions

A development application may be allowed to occupy a maximum impervious coverage of up to forty-five (45%) percent with proof of a deeded restriction permanently restricting the equivalent impervious coverage on an off-site property under its current zone district requirement.

A development application may be allowed to occupy a maximum impervious coverage of up to forty-two (42%) percent by providing design factors which contribute to lessening the appearance of development in either of the following ways:

Increased landscaping beyond the minimum ordinance requirements in the form of more mature or larger plants or a greater variety of plants;

Architectural treatments which reduce the bulk and industrial character of a non-residential structure such as pitched roofs, facade ornamentation, building offsets and upgraded building material.

Parking coverage and setbacks:

No more than ten (10%) percent of the front yard area shall be used for off-street parking, including access aisles and driveways.

Parking, including access aisles, shall be located no closer than 60 feet to any adjoining street right-of-way and 20 feet to any property line within the front yard.

Parking, including access aisles and driveways, shall be located no closer than 15 feet to any building and 10 feet to any side or rear property line.

No parking, including access aisles and driveways, shall be located closer than 100 feet to an adjacent residence district boundary line.

District boundary buffer area: In the OR-5 District, a buffer area of 150 feet shall be maintained between any nonresidential building and any residence district boundary line. A buffer area of 100 feet shall also be maintained between the edge of any parking area and any residential district boundary line. Where a railroad right-of-way or power line easement abuts a residential district boundary line, the area within the right-of-way or easement may be considered in calculating the 150 foot building buffer area, and 100 foot parking buffer area, but in no case shall the building setback from the property line be reduced to less than 50 feet. There shall be a minimum of 50 feet of landscape screening planted within the buffer area adjacent to the district boundary line. This area shall be attractively planted with trees, shrubs, plants, grass and earthen berms necessary to provide a visual screening from adjacent residential uses or districts.

Minimum building and parking setback of 250 feet from Conklin Pond.

Prohibited Uses. In addition to any uses prohibited pursuant to Section 13-7.815, the following uses shall be considered specifically prohibited in the OR-5 Zone:

Retail sales and services, including, but not limited to the following: paint shops, photo processing, printing establishments, dry cleaners, furniture refinishing, lumber yards.

Automotive and vehicular sales, service, repair or related use, machine shops, gasoline sales and distribution.

Manufacturing or fabrication uses including, but not limited to the following: agricultural chemical, warehouse and distribution, aluminum manufacturing or processing, building material production, chemical manufacturing, chemical warehousing and distribution, petroleum products production and storage, bulk distribution of petroleum products, photo processing laboratories, printing establishments, metal fabrication, secondary metals refining, seed cleaning and treating, solvent recycling, cleaning supplies (manufacturing and distribution), electrical and electronic products manufacturing, electroplating operations, foundries, paint manufacturing and wholesale distribution.

Trucking companies.

Junkyards, open dumps, landfills, incinerators, other solid waste facilities, hazardous waste facilities, radioactive waste storage.

Trailer camps or storage or parking of trailers.

The commercial care, boarding, treatment or breeding of domestic animals.

Outdoor storage or storage yards for materials or equipment or building debris.

Storage of crude oil or any of its volatile products or other flammable products.

Mining, quarrying and related activities.

Bulk storage of sodium and calcium chloride salts.

Underground fuel storage tanks not otherwise regulated by the NJDEP.

Self-storage facilities.

§ 13-7.3303 Conklin Pond Setback Option.

Required conditions of the Conklin Pond Setback Option in the OR-5 District:

Minimum Tract Area: 90 acres

Maximum FAR: eighteen (18%) percent

Maximum Impervious Coverage: forty-five (45%) percent

Minimum Lot Area: 5 acres

District Boundary Building Setback and Buffer: 150 feet, with a minimum 50-foot width of landscape screening planted within the buffer area adjacent to a residential district boundary line. Such buffer area shall be attractively planted with shade trees, evergreen trees, shrubs, grass and earthen berms as needed to provide visual screening from adjacent residential uses or districts.

Minimum Building Setback from Tract Front Yard/ Route 206: 100 feet

Minimum Building Setback from Tract Side Yard: 50 feet

Minimum Building Setback from Tract Rear Yard: 50 feet

Maximum Building Height/Stories:

40 feet/ 3 stories if setback from tract boundary and Route 206 right-of-way is less than 150 feet

48 feet/4 stories if setback from tract boundary and Route 206 right-of-way is greater than 150 feet

Building Setbacks from Internal Roads:

Front yard: 50 feet

Side yard: 40 feet

Rear yard: 50 feet

Parking Setbacks:

From Route 206 right-of-way: 60 feet

From internal roads: 20 feet

To side or rear property line: 10 feet

To residential zone boundary: 100 feet

To building: 15 feet

Maximum Percentage of Parking Area (inclusive of access aisles and driveways) in Route 206 Front Yard: fifty (50%) percent

Minimum Lot Width: 300 feet

Minimum Lot Frontage: 300 feet

Minimum Building Setbacks from Conklin Pond property line:

700 feet if 1 or 2 stories

800 feet if 3 stories

1000 feet if 4 stories

Minimum Parking Lot Setback from Conklin Pond (inclusive of access aisles and driveways, but excluding emergency access): 600 feet

Minimum Detention Basin Setback from Conklin Pond: 500 feet

§ 13-7.34 LI/OR LIGHT INDUSTRIAL/OFFICE RESEARCH DISTRICT.

§ 13-7.3401 Purpose.

The LI/OR District provides for light industrial and office research uses with the aim of avoiding degradation of community environmental resources.

§ 13-7.3402 Required Conditions.

Principal Permitted Uses.

Professional offices.

Business offices and research facilities.

Manufacturing limited to assembly of finished components.

Packaging of finished products.

Fabrication of clothing and apparel.

Mini-warehousing/ self-storage facilities.

Child care centers.

Essential services.

Flexible office/warehouse: bulk maximum 49% warehouse.

[Added 7-23-2019 by Ord. No. 13-19]

Accessory Uses.

Uses on the same site which are clearly accessory to the principal permitted use and intended to serve the employees of the principal use, including central heating and power plants for furnishing heat and energy to structures on the site; educational facilities for training and study connected with the operation and activities of the owner or tenant; buildings, structures and areas used in connection with maintenance of buildings, grounds, and/or internal roads; buildings for storage of documents, records, testing, research and experimental equipment; clinics; cafeterias; sundry shops for the retail sale of articles to trainees and employees; recreational facilities.

[1]Off-street parking.

Editor's Note: Former Subsection B(2), which listed flexible office/warehouse as an accessory use, was repealed 7-23-2019 by Ord. No. 13-19. This ordinance also provided for the renumbering of former Subsection B(3) through (5) as Subsection B(2) through (4), respectively. See now Subsection A, Principal Permitted Uses.

Fences.

Signs subject to the provisions of Section 13-8.9.

Conditional Uses.

Institutional Uses

Nursing homes and assisted living facilities.

Prohibited Uses.

Manufacturing from unfinished raw materials.

Warehousing or bulk storage of hazardous materials.

Facilities which generate, store, or handle hazardous materials or hazardous wastes, or which generate emissions, effluents or discharges, except sewage, subject to permitting or reporting requirements by Federal, State or local environmental authorities.

Outdoor storage of materials or products.

Retail uses.

Area, Yard and Building Requirements.

Identical to requirements for the I-5 Limited Industrial District as set forth in Section 13-7.3102D.

§ 13-7.34A PO/LI PLANNED OFFICE/LIGHT INDUSTRIAL DISTRICT.

§ 13-7.34A01 Purpose.

The PO/LI District is a Planned Commercial Development designed to be utilized on the tract of land comprising approximately 890 acres formerly utilized as an industrial site by the Hercules Corporation (the "Hercules Tract").

§ 13-7.34A02 Required Conditions.

Permitted Uses.

Business, executive and professional offices.

Light industrial uses limited to assembly of finished components and packaging of finished products.

Hotels and conference centers, including executive suite and extended-stay hotels.

Limited service businesses, including banks, sandwich/fast food shops, hairdressers, and travel agents, provided they are located within buildings occupied by offices, hotels or conference centers.

Warehouse: maximum sixty (60%) percent of the floor area of a building. Storage of hazardous materials is prohibited.

Child care centers.

Essential services.

Accessory Uses.

Uses on the same site which are clearly accessory to the principal permitted use and intended to serve the employees of the principal use, including central heating and power plants for furnishing heat and energy to structures on the site; educational facilities for training and study connected with the operation and activities of the owner or tenant; buildings, structures and areas used in connection with maintenance of buildings, grounds and/or internal roads; buildings for storage of documents, records, testing, research and experimental equipment; clinics; cafeterias; sundry shops for the retail sale of articles to trainees and employees; recreational facilities.

Off-street parking and structured parking.

Fences.

Signs subject to the provisions of Section 13-8.9.

Other accessory uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use and do not change the character of the principal use.

Conditional Uses.

Institutional uses.

Nursing homes and assisted living facilities.

Prohibited Uses.

Uses prohibited in the LI/OR District pursuant to Section 13-7.3402D.

Mini-warehousing/ self-storage facilities.

Trucking depots.

Retail uses, except those permitted under paragraph A4 above.

General Development Plan.

The Hercules Tract shall be developed in accordance with one or more General Development Plans (GDPs), each encompassing a minimum area of 200 acres, to be prepared by the developer(s) and reviewed by the Planning Board in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-45.1 through 45.3.

If the Tract is developed pursuant to multiple GDPs, there shall be an initial GDP that defines the overall layout of the development sites within the Tract and specifies the locations of the open space components.

The GDPs shall provide for primary access to and from the site directly to Interstate Route 80 and/or Howard Boulevard, with secondary access to Route 46 via Hercules Road. In no event shall the site utilize access to or from Berkshire Valley Road.

The initial GDP shall provide for at least twenty-five (25%) percent of the area of the Tract to be dedicated to open space, including both natural areas and recreational space, but excluding detention basins. The portion of the open space dedicated to active recreation shall not exceed five (5%) percent of the tract area. The location of open space shall be consistent with the Township's Open Space Plan. Areas located within Planning Area 5 (PA5) of the State Plan shall be preferred as open space. Open space dedication and/or conservation easements acceptable to the Governing Body shall be required.

To the extent feasible, the open space components identified in the initial GDP shall be concentrated along Berkshire Valley Road, and the development component will be concentrated on the western portion of the site.

The GDPs shall provide for compliance with the bulk requirements of Section 13-7.34A02F.

The GDPs shall include an enhanced pedestrian circulation plan with emphasis on access to public transportation, particularly the planned NJ Transit train station.

The GDPs shall include a signage package addressing identification of building complexes, individual tenants, and directional signs. Signage shall be designed in a comprehensive uniform manner incorporating architectural details reflecting the principal structures. A signage hierarchy shall be established with respect to identification of building complexes, individual tenants, and directional signs.

Design principles: The GDPs shall be designed to create a cohesive environment, with a strong visual identity, physically linked by pedestrian connections, plazas, and other amenities, and related by a comprehensive design theme. Landscaping, signage, site lighting, site furniture (benches, seating, trash receptacles, bike racks, etc.) paving materials and pedestrian network shall be designed as a coordinated component of the development. The architectural style of the planned development shall be designed to avoid a "big-box" appearance through ornamentation, building offsets, entry treatments and upgraded building materials. The GDPs shall provide a design manual, including architectural standards to promote the project's design principles.

Internal roads shall remain in private ownership and shall be designed to prevent their use by through traffic.

There shall be no parking between any building and Howard Boulevard, Route 46, or Berkshire Valley Road, unless a 200-foot parking setback is maintained from those streets.

Building, Lot and Area Requirements.

Minimum lot area: 10 acres.

Minimum lot width at setback: 400 feet.

Minimum lot frontage: 400 feet.

Minimum front yard setback: 150 feet.

Minimum rear yard setback for principal and accessory buildings shall be no less than 75 feet.

Minimum side yard setback for principal and accessory buildings shall be no less than 75 feet.

Maximum building height: four stories and not more than 48 feet. Hotels and conference centers shall not exceed a maximum height of 5 stories or 65 feet, including roof appurtenances.

Maximum floor area ratio: .25.

Maximum impervious coverage: fifty-five (55%) percent of the Tract area, excluding the open space component identified pursuant to paragraph E4 above, provided that the maximum may be increased to fifty-seven (57%) percent if all roof drains are piped to underground infiltration facilities.

Parking (inclusive of access aisles and driveways) coverage and setbacks:

No more than twenty-five (25%) percent of the front yard area shall be used for off-street parking.

Parking shall be located no closer than 60 feet to any adjoining external right-of-way line or 20 feet to any internal road or property line within the front yard.

Parking shall be located no closer than 10 feet to any side or rear property line and no closer than 15 feet to any building.

Parking shall be located no closer than 100 feet to any adjacent residence district boundary line.

District boundary line restrictions: No building shall be built within 200 feet of any residence district boundary line; however, where a railroad right-of-way or power line easement abuts a residential district boundary line, the area within the right-of-way or easement may be considered in calculating the 200-foot district boundary line restriction but in no case shall the building setback from the property line be reduced to less than 50 feet.

Building Setbacks from Internal Roads: 50 feet.

§ 13-7.35 CONDITIONAL USES.

Before a building permit or Certificate of Occupancy shall be issued for any conditional use as permitted by this Ordinance, application shall be made to the Planning Board. The Planning Board may approve a conditional use only if all requirements hereinafter set forth have been met and that all other terms and conditions of this chapter and all applicable Township ordinances have been satisfied.

In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, safety and welfare including, but not limited to, the nature of the proposed use, the character of the area, traffic, access, noise, odors, lighting, signage, landscaping, drainage, sewage treatment and potable water supply.

Accordingly, the following conditional uses are allowed in the zones designated pursuant to N.J.S.A. 40:55D-67. The Planning Board shall grant or deny an application for a conditional use within ninety-five (95) days of submission of a complete application by developer to the Planning Board or, within such further time as may be consented to by the applicant.

The review by the Planning Board of a conditional use shall include the required site plan or subdivision review pursuant to Article 3. The time period for action by the Planning Board on conditional uses pursuant to this Section shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Planning Board secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval, herein required, and shall be so accepted by the Building Inspector for the purposes of issuing a building permit.

Whenever review or approval of the application by the Morris County Planning Board is required by N.J.S.A. 40:27-63 in the case of a subdivision or N.J.S.A. 40:26-6.6 in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Morris County Planning Board or approval by the Morris County Planning Board by its failure to report thereon within the required time period.

§ 13-7.3501 Home Businesses.

The provisions of this section are intended to apply to any occupation conducted in a dwelling unit by the principal resident. The business shall be subordinate to and conducted as an accessory use to the residential use.

The conduct and operation of the home business shall not adversely affect the safe, comfortable enjoyment of property rights by adjoining landowners.

Such business shall be contained entirely within the residential structure on the premises and shall not exceed twenty-five (25%) percent of the total floor area of the structure or four hundred (400) square feet, whichever is less.

Retail sales, manufacturing, processing and fabrication are prohibited.

More than one (1) employee that is not a resident of the dwelling is prohibited.

A minimum of two off-street parking spaces and a maximum of four off-street parking spaces excluding garage, shall be provided. Parking spaces shall be arranged in tandem. Formal parking lots are prohibited.

The design of any building must conform to the residential character of the area.

No sounds shall be audible outside the building.

The hours of operation shall be limited to the hours of 8:00 a.m. to 9:00 p.m.

Tractor trailer deliveries are prohibited.

The conditional use approval shall terminate with any change in ownership of the property.

§ 13-7.3502 Residential Flag Lots.

Flag lots are those which have access to a public or private road by means of a narrow strip of property connecting the flag portion of the lot with the road. Except where otherwise noted, flag lots are only permitted in the R-R and RR-5 Rural Residential Districts and R-1 Residence District as a conditional use in accordance with the following requirements:

A subdivision proposal containing a flag lot shall contain no more than two lots (the flag lot and the remaining lot).

The flag lot and the remaining lot shall be deed restricted from further subdivision.

Only one flag lot shall be permitted.

The body of the lot, excluding the pole or strip which is owned by the applicant and which connects the lot to the roadway, shall have an area of not less than four (4) acres in the R-R Rural Residence District, not less than six (6) acres in the RR-5 Rural Residence District, and not less than two and one-half (2 1/2) acres in the R-1 Residence District.

The pole of the flag which provides access to the roadway shall be a minimum of fifty (50) feet wide for its entire length and shall be owned as part of the lot.

The pole shall have a length of not less than two hundred (200) feet and no more than four hundred (400) feet in the R-1 Residence District and no more than five hundred (500) feet in the R-R and RR-5 Rural Residence Districts.

The said strip or pole connecting such lot to the road shall be reasonably suited for the construction and use as a private drive and emergency vehicle access and no building shall hereafter either be erected within said drive nor altered therein so as to obstruct or encroach into same.

The front lot line of the body of the lot shall be no closer than two hundred (200) feet from the roadway. The front lot line shall run approximately parallel to the road frontage.

A shared or common driveway involving the flag lot and remaining lot shall be permitted at the discretion of the Planning Board. A driveway maintenance agreement involving both lots shall be provided to the Board Attorney for review and approval.

Front yard, rear yard and side yard setbacks shall be twice the requirement of the respective zone district regulations.

Lot width and maximum building height shall be as set forth in the respective zone district regulations.

Such subdivision approval shall not in any way obligate or require the Township to pave, repair, replace or maintain, improve or acquire such fifty (50) foot lane or pole for public road purposes or to provide snow removal therefrom.

§ 13-7.3503 Institutional Uses.

[Ord. No. 17-09 §§ 21, 22]

Institutional uses as defined in Section 13-1.2 are intended to include public and quasi public nonprofit uses promoting the public good such as houses of worship, schools teaching academic subjects, libraries and public utility uses (excluding workshops, warehouses, garages, storage yards, and wireless telecommunications technology). An institutional use is permitted as a conditional use in specified zone districts provided that the following requirements are met:

Before any development approvals, construction permits, or certificates of occupancy, a site plan shall be submitted to and approved by the Planning Board.

The minimum lot area shall be three (3) acres.

The minimum frontage shall be two-hundred fifty (250) feet.

The minimum front yard shall be fifty (50) feet.

The rear yard shall be a minimum of one-hundred (100) feet.

The side yard shall be a minimum of 2 times the height of the building, and no side yard shall be less than fifty (50) feet, provided, however, no structure shall be nearer than one hundred (100) feet to any residential district.

The maximum impervious surface coverage including buildings and parking lots shall be sixty (60%) percent in residential districts.

§ 13-7.3504 Nursing Homes and Assisted Living Facilities.

[Ord. No. 17-09 § 23]

Nursing homes and assisted living facilities shall conform to all of the following requirements:

The tract on which such facilities are located shall be a minimum of five (5) acres with a minimum frontage of four hundred (400) feet.

All principal and accessory buildings shall be set back a minimum of one hundred (100) feet from all property lines.

One off-street parking space shall be provided for each two (2) beds. Such off-street parking may occupy not more than fifty (50%) percent of the front yard, shall be set back at least twenty-five (25) feet from all property lines and shall be suitably screened from all adjoining residences by a fence or evergreen planting approved by the Planning Board. Documentation of the anticipated parking demand shall be provided. Upon review, the Board may either allow a reduction in parking or require additional parking spaces.

One sign not to exceed thirty-two (32) square feet in area shall be permitted. Where the tract faces on more than one street, two such signs shall be permitted. No sign shall be closer than thirty (30) feet to a property line and ten (10) feet to a road right-of-way.

§ 13-7.3505 Motor Vehicle Sales Establishments.

[Ord. No. 17-09 § 24]

No permit shall be issued for the use of any building or premises as a motor vehicles sales establishment in any district other than B-2, I-5 and I-10 Districts. The display or sales of motor vehicles may be conducted outside the confines of a building subject to the following requirements:

The area devoted to such use shall be paved and graded to dispose of all surface water.

Such use shall be permitted in the front, side and rear yards provided said use is not closer than twenty (20) feet from the front street right-of-way line nor fifteen (15) feet from any side or rear property line. If said use abuts a residential zone, no part of the use shall be nearer than twenty-five (25) feet to the residential zone boundary line.

Any lighting, in connection with such use, shall be so arranged and shielded as to reflect the light downward away from all adjoining streets or buildings.

The area permitted for such use shall at all times be clearly and legibly marked on the required paved surface.

§ 13-7.3506 (Reserved)

§ 13-7.3507 Vehicular Service Stations.

[Ord. No. 17-09 § 25]

Vehicular service stations are only permitted as a conditional use in the B-2 District. Any person desiring to use any premises to erect, construct or alter any new or existing building or structure, intended or designed to be used as a vehicular service station (as defined in Section 13-1.2) shall make application in writing to the Planning Board.

The following information shall be shown in addition to the requirements contained in this Ordinance:

A site plan drawn to scale showing the location of the premises and the building thereon to be erected or construction thereon; the street entrances and exits or driveways; and the precise location of the tanks, pumps, lifts and other appurtenances.

The width of the street or streets upon which said premises abut.

The location, existing use and type or kind of structure, if known, of all buildings within five hundred (500) feet of the boundary lines of the premises.

A statement of the dimensions of the existing or proposed building and the type of construction and materials to be used, together with building elevations and floor plans.

Where the applicant is a person other than the owner of the premises, the written consent of such owner or owners authorizing the filing of the application.

The minimum lot area shall be twenty-five thousand (25,000) square feet.

The minimum frontage shall be one hundred fifty (150) feet for an interior lot and one hundred seventy-five (175) feet for both frontages of a corner lot.

The average lot depth shall be one hundred fifty (150) feet.

The minimum setback of buildings, structures, canopies, fuel pumps, air pumps, tanks or other service appliances from the future right-of-way shall be no less than forty (40) feet.

The minimum setback of buildings, structures, canopies, fuel pumps, air pumps, tanks or other service appliances from the side or rear property line shall be no less than twenty-five (25) feet, unless adjoining a residential district whereby the setback shall be no less than forty (40) feet.

All driveways shall be at least sixteen (16) feet wide, at least twenty-five (25) feet from adjoining property lines and at least fifty (50) feet from the intersection of road right-of-ways. There shall be no more than two driveways along any road right-of-way.

A twenty (20) foot wide landscaped strip across the entire frontage shall be provided and shall be planted with grass or groundcover, a hedge consisting of two rows of shrubs and shade trees. Additionally, all areas of the lot not deemed necessary for the circulation or storage of automobiles, as determined by the Board, shall be landscaped.

Vehicular bodywork and painting are prohibited in the B-2 District, as are truck repairs on vehicles over 10,000 pounds.

No more than three (3) vehicles per bay shall be permitted in overnight outdoor storage in the B-2 District.

Any repairs on motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicles may be stored outdoors.

No outdoor oil drainage pits or outdoor hydraulic lifts shall be permitted.

All storage tanks shall be installed underground.

Accessory goods directly related to the physical operation of a motor vehicle such as anti-freeze, motor oil, wiper blades and other similar products may only be displayed outdoors when located on the pump islands or along the principal building in a suitable stand or rack. One (1) stand or rack shall be permitted for each pump island and one (1) for the principal building.

Convenience/food stores selling retail goods such as beverages, packaged food goods, sundries and other products to enhance the convenience of motorists shall be permitted as an accessory use and shall not exceed a gross floor area of seven hundred fifty (750) square feet, including area designated for retail display, storage, and offices, but excluding areas designated for public rest rooms. Outdoor vending machines shall be prohibited when the property is developed with a convenience/food store.

Outdoor vending machines shall comply with the setback requirements contained in paragraphs F. and G.

The maximum canopy height and mounting height of freestanding lights shall be eighteen (18) feet.

A public rest room shall be provided.

Outdoor solid waste disposal shall be properly screened or buffered.

Aesthetic trash receptacles shall be provided at pump islands and the main building entrance.

Signage shall comply with the requirements set forth in Section 13-8.9; however, no more than a total of three (3) wall/canopy signs attached to the principal building and canopy shall be permitted for each property when an application involves a building and canopy.

No more than a total of two (2) temporary/point of purchase signs related to the pump islands are permitted provided that each sign does not exceed two (2) square feet on each side. Gasoline pump signage as required by law shall be permitted. Customary lettering or insignia which are a part of the gasoline pumps and not exceeding seventy-two (72) square inches shall be permitted.

No more than one (1) temporary sign located inside the building envelope and specifically advertising special seasonal servicing of automobiles, provided that such sign does not exceed six (6) square feet in area.

No part of any vehicular service station shall be used for any purpose other than stated in this Section and under the definition of vehicular service station. Any use dedicated to one type of vehicular or maintenance service, including without limitation, lubrication, or installation of tires, shocks, brakes, or mufflers, shall be deemed a vehicular service station.

No part of any vehicular service station shall be located on a lot having more than twenty (20%) percent of its area located in a Critical Aquifer Recharge Area or having more than ten (10%) percent of its area located in a Category 1 Critical Aquifer Recharge Area.

§ 13-7.3508 (Reserved)

§ 13-7.3509 (Reserved) [1]

Editor's Note: Former § 13-7.3509, Subsidized Accessory Apartments, previously codified herein was repealed in its entirety by Ord. No. 17-09.

§ 13-7.3510 Planned Highway Area Commercial Development.

Planned Highway Area Commercial Development as defined in Article I shall be permitted under the following conditions:

Conditions.

Development of a Planned Highway Area Commercial Development shall include, but not be limited to a hotel and restaurant. Restaurants with drive-through facilities are prohibited. Retail uses shall not exceed twenty-six thousand (26,000) square feet.

Minimum lot size shall be ten (10) acres.

The development shall be serviced by public water and sewer.

Minimum front yard setback shall be forty (40) feet for principal buildings.

Accessory structures shall be prohibited in the front yard.

Minimum rear yard setback shall be forty (40) feet for both principal and accessory buildings.

Minimum side yard setback shall be forty (40) feet for both principal and accessory buildings.

Maximum impervious surface coverage shall be fifty-five (55%) percent.

Principal structures shall be architecturally designed with an aesthetic focal point, such as an entrance.

Maximum building height: no building shall exceed the greater of a maximum of four (4) stories and forty eight (48) feet in height, except that roof appurtenances in excess of such height may be erected after review and approval by the applicable board.

The main site entrance shall be designed in an aesthetic manner utilizing an architectural feature (clock tower, gatehouse, etc.) and landscaping which highlights the entrance as the main driveway to the Planned Highway Area Commercial Development.

Maximum floor area ratio: twenty-five (25%) percent.

Minimum distance between principal buildings: sixty (60) feet.

Parking setbacks; parking of vehicles shall be located no closer than twenty (20) feet to a front building wall and no closer than ten (10) feet to the side and rear building walls. Parking shall be no closer than twenty (20) feet to a street right of way line.

Minimum buffer; a planted or natural buffer strip of at least twenty (20) feet shall be provided adjacent to all residential use property lines. A minimum of ten (10) feet of planted or natural buffer shall be provided along non-residential use property lines.

16.

All Planned Highway Area Commercial Development shall occur on lots in the OB zone, with a minimum of seven hundred fifty (750) feet of frontage on a County road or State highway and within two thousand five hundred (2500) feet of the nearest serviceable leg of an interchange ramp with an interstate highway.

17.

A minimum of fifteen (15%) percent of the tract area shall remain in contiguous open space, which shall be preserved in perpetuity through conservation easements.

18.

In consideration of enhanced environmental features of the project such as reduced impervious coverage from the standard established for this zone, open space dedication provided for in paragraph 17. above or innovative design relating to layout, grading and drainage to minimize the disturbance of steep slopes, the Board is authorized to waiver the provisions of the steep slope ordinance 13-7.818.

19.

The overall plan shall provide for an effective and unified treatment of the development possibilities of the site.

20.

All buildings in the layout and design shall be an integral part of the development and shall have convenient access to those uses within the development.

21.

Landscaping, signage, site lighting, paving materials and sidewalk network shall be designed as a coordinated component of the development.

22.

Road frontage shall be treated in an aesthetic manner through the use of landscaping and stone walls. Such treatment shall also serve to provide a partial buffer of parking lots.

23.

Sidewalks utilized by customers and patrons of the proposed establishments shall be treated in an aesthetic manner (decorative pavers, scoring patterns, color, etc.). Street sidewalks are excluded from this provision.

24.

The hotel, restaurant, and retail facilities shall be provided with outdoor benches/seating and trash/recycling receptacles.

25.

Exterior dining/food service is prohibited unless authorized by the approving Board.

26.

Service areas shall be screened from public roads.

27.

Facilities for the temporary storage of refuse and garbage awaiting removal shall be designed and located in such a manner as to make the facilities inconspicuous to the general public and to prevent the spread of refuse to other areas. Dumpsters shall be screened from public view.

28.

Air conditioning and other mechanical equipment shall be screened from public view with suitable materials to harmonize with the total development.

29.

Commercial trucks with an AASHTO designation of WB-40 or larger are prohibited except for deliveries and during construction. Signs shall be posted and the site shall be under the jurisdiction of Title 39 to enforce such regulation.

30.

Internal planting islands shall be incorporated into the design of parking lots.

Design Guidelines: All design guidelines and subdivision and site plan design standards including soil erosion and sediment control standards, storm water management, utilities and public improvement standards, road, intersection sight triangle, curb, sidewalk and driveway standards, parking, loading, solid waste and lighting standards, landscaping, fences, walls and site furniture standards, sign standards, and performance standards for nonresidential uses, promulgated in Article 8 of the Land Use Ordinance of the Township, except where differing standards are specifically noted above, shall be complied with.

§ 13-7.3511 Wireless Telecommunications Technology.

Purpose. The purpose of this section is to regulate the location, placement, operation and maintenance of WT Technology within the Township of Roxbury. This Ordinance is intended to meet the requirements of the Telecommunications Act of 1996, while at the same time reasonably regulating WT Technology within the Township of Roxbury so as to avoid unreasonable proliferation of WT Towers and to address aesthetic and safety concerns.

General Requirements for WT Technology.

Siting preferences: Pursuant to the needs analysis required by paragraph E1 below, an application to install, construct, erect, move, reconstruct, or modify any WT Antenna shall be subject to siting preferences as follows:

If the analysis demonstrates that it is reasonably necessary to install, construct, erect, move, reconstruct, or modify a WT Antenna within the Township of Roxbury, then, subject to all other permitted conditional use standards, the proposed WT Antenna may be located upon an existing building or other structure within the LI/OR, PO/LI, I-5 or I-10 Districts.

If the analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct, or modify the proposed WT Antenna upon an existing building or structure within the I-5 or I-10 Limited Industrial Districts, then, subject to all other permitted conditional use standards, the proposed WT Antenna may be located or co-located upon an existing WT Tower within the LI/OR, PO/LI, I-5 or I-10 Districts.

If the analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct, and/or modify the proposed WT Antenna upon an existing WT Tower within the LI/OR, PO/LI, I-5 or I-10 Districts, then, subject to all other permitted conditional use standards, the proposed WT Antenna may be located or co-located upon a new WT Tower to be constructed within the LI/OR, PO/LI, I-5 or I-10 Districts.

WT Antennas: WT Antennas shall be consistent with the following requirements:

Microwave dishes, cones, or other antennas used for the purpose of point-to-point microwave transmission or microwave links are prohibited.

Side-arm mounted antennas, of any kind, are prohibited.

Subject to the siting preferences set forth in paragraph B1 above, WT Antennas may be mounted on existing buildings or other structures or on WT Towers, provided that:

WT Antennas mounted on existing buildings or other structures shall not, when combined with the height of the building or structure on which they are located, exceed fifty (50) feet in height; and

WT Antennas mounted on WT Towers shall not extend beyond the height limitations for such towers.

WT Antennas shall be constructed, finished, or painted so as to minimize their visual impact on the landscape.

WT Towers: WT Towers shall be consistent with the following requirements:

WT Towers shall be limited to monopole designs only. Freestanding lattice towers and guyed towers of any kind are prohibited.

To the maximum extent practicable, WT Towers shall be designed to permit co-location of additional antennas.

The maximum height of any WT Tower, including any WT Antennas or other equipment mounted thereon, shall not exceed one hundred twenty-five (125) feet.

The minimum lot size on which a WT Tower may be located is two acres. If land on a developed parcel is leased for a WT Tower, the minimum leased area shall be two acres. Lot size or leased area shall be increased accordingly to accommodate setbacks required in paragraph C. below.

No WT Tower shall be lighted except as may be required by State or Federal law.

No WT Towers shall be constructed, finished, or painted so as to minimize their visual impact on the landscape.

WT Equipment and WT Equipment Compound: All WT Equipment shall be housed within a WT Equipment Compound, consistent with the following requirements:

WT Equipment Compounds shall be enclosed within a locked security fence not less than six (6) feet nor more than seven (7) feet in heights, unless located within an existing building.

No WT Equipment Compound nor any WT Equipment housed therein shall exceed fifteen (15) feet in overall height.

WT Equipment Compounds shall be constructed, finished, or painted so as to minimize their visual impact on the landscape.

Reasonable efforts shall be employed to camouflage and minimize the visual impact of any WT Technology installed or constructed pursuant to the provisions of this section.

WT Technology shall fully conform with all applicable Federal, State, and local laws.

Routine maintenance of WT Technology shall be limited to the hours of 7:00 a.m. to 7:00 p.m.

Notwithstanding Subsection 13-7.810 of this Ordinance, Wireless Telecommunications Technology may be located on a lot on which another principal building or structure is situated or on which there is no principal building or structure.

[Ord. No. 23-02 § 1]

Setback Requirements for the Location of WT Technology.

The minimum setback from any school lot line or other lot line on which a licensed educational facility is located shall be three hundred (300) feet.

The minimum setback from residential lot lines located within the LI/OR, PO/LI, I-5 or I-10 Districts shall be three hundred (300) feet.

The minimum setback from any other zone shall be three hundred (300) feet.

No WT Technology shall be located in the front yard of any lot.

The minimum setback of a WT Tower from the front, side, and rear lot lines or lease lines of the site on which it is to be located shall be one and one-half times the height of the WT Tower, inclusive of any WT Antennas or other equipment mounted thereon.

Additional Site Plan Requirements.

In addition to compliance with all applicable zoning and site plan requirements, applications for approval of WT Technology shall include the following:

An access road, turnaround, and one parking space, as may be necessary to provide adequate emergency and service access, using existing roads, public or private, to the maximum extent practicable;

The color or colors of the proposed WT Equipment;

A Visual Impact Statement ("VIA") with particular attention given to the visibility of the proposed WT Equipment from key viewpoints identified in the VIA, existing tree lines, and proposed elevations;

A map of existing WT Technology within the Township of Roxbury which is owned, leased, or otherwise under the custody, control, or use of the applicant or another WT Service Provider at the time of application, and of sites within the Township of Roxbury where WT Technology is proposed or projected to be installed, constructed, erected, moved, reconstructed, and/or modified by or for the benefit of the applicant within the next two (2) years;

A certified load analysis report for the building, structure, existing WT Tower, or proposed WT Tower upon which a WT Antenna is proposed to be located, indicating its ability to support possible future co-located WT Antennas;

The approving Board may waive any of these requirements, for good cause shown, where an application is made to locate the proposed WT Antenna upon an existing building, structure or WT Tower.

The approving Board may, where appropriate, require the applicant to conduct a simulation of the visibility of a proposed WT Tower in accordance with a test protocol approved by the Board's professional consultants.

Applications Requirements for Conditional Use Permits for WT Technology.

In addition to submission of all applications required by the Land Use Ordinance, all applicants for a Conditional Use Permit for the installation, construction, erection, movement, reconstruction, or modification of any WT Technology shall submit the following:

Needs Analysis. The Needs Analysis shall contain documentary evidence demonstrating the need for the proposed installation, construction, erection, movement, reconstruction, or modification of any WT Technology within the Township. This evidence shall include, at a minimum:

The WT Service Provider's wireless telecommunications network layout and coverage area for a radius of at least ten (10) miles from the proposed site, identifying all locations:

In operation as of the filing date of the Conditional Use Permit Application;

Under construction as of the filing date of the Conditional Use Permit Application;

Pending approval before any licensing authority as of the filing date of the Conditional Use Permit Application; or;

Planned or projected for approval and construction within the next two (2) years following the filing date of the Conditional Use Application.

All results and, to the extent requested by the approving Board, supporting data derived from tests which must be conducted to determine before and after signal strength plots. These results and data:

Shall demonstrate the actual existing signal coverage in effect at the time of application, contrasted with the proposed signal coverage which would result from the proposed installation, construction, erection, movement, reconstruction, or modification of WT Technology within the Township of Roxbury; and

Shall be certified by a qualified, independent radio frequency engineer. The Board reserves the right to retain a radio frequency engineer on its own behalf at applicant's expense to review the results or data submitted by the applicant.

A search ring of the LI/OR, PO/LI, I-5 and I-10 Districts by a licensed professional radio frequency engineer and overlaid on an appropriate background map demonstrating the area within the LI/OR, PO/LI, I-5 and I-10 Districts where the WT Technology needs to be located in order to provide reasonably necessary signal strength and coverage to the target cell.

In connection with the signal strength plots and search ring described above, the applicant must provide a report prepared by a qualified independent licensed professional engineer which explains why the proposed location was selected and which specifically addresses at a minimum:

If the applicant proposes to install, construct, erect, move, reconstruct, or modify a WT Antenna upon an existing structure or building, why it is reasonably necessary to locate that WT Antenna within the Township of Roxbury.

If the applicant proposes to install, construct, erect, move, reconstruct, or modify a WT Antenna on an existing WT Tower,

Why it is reasonably necessary to locate that WT Antenna within the Township of Roxbury; and

(ii)

Why it is not reasonably practicable to locate or co-locate that WT Antenna upon an existing building or structure within the LI/OR, PO/LI, I-5 or I-10 Districts.

If the applicant proposes to install, construct, erect, move, reconstruct, and/or modify a WT Antenna upon a new WT Tower:

Why it is reasonably necessary to locate that WT Antenna within the Township of Roxbury;

(ii)

Why it is not reasonably practicable to locate or co-locate that WT Antenna upon an existing building or structure within the LI/OR, PO/LI, I-5 or I-10 Districts; and

(iii)

Why it is not reasonably practicable to locate or co-locate that WT Antenna upon an existing WT Tower within the LI/OR, PO/LI, I-5 or I-10 Districts.

Maximum RF Exposure Analysis. The Maximum RF Exposure Analysis shall be a written report prepared by a qualified engineer with expertise in radio frequency ("RF") radiation safety. The report shall identify all applicable laws, regulations, and industry standards establishing maximum exposure levels for RF radiation. The report shall calculate the maximum RF exposure levels at the lot or lease lines of the proposed site, based upon the maximum power output of the full complement of WT Antennas which the WT Tower or other supporting structure is capable of accommodating. The analysis shall demonstrate, to the satisfaction of the approving Board, that the maximum RF exposure at the lot or lease lines of the proposed site would not exceed the applicable maximum RF exposure levels established by Federal or State law or regulation or by generally recognized industry safety standards. In the event that the analysis does not demonstrate that the maximum RF exposure at the lot or lease lines is less than the lowest applicable maximum level by at least a factor of ten (10), the approving Board may appoint, at the applicant's expense, a qualified independent engineer to review the analysis, its supporting data, and its underlying assumptions.

Permit Standards.

The following criteria shall be considered by the approving Board prior to the approval or denial of a request for a Conditional Use Permit for WT Technology. These criteria may be used as a basis to impose reasonable conditions on the applicant.

Aesthetics. WT Technology shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the Board may impose reasonable conditions on the approval of the application including the following:

The Board may require the applicant to show that it has made good faith efforts to minimize the height of proposed towers, to co-locate on existing buildings, structures, or WT Towers, or to locate proposed new WT Towers near existing towers in an effort to consolidate visual disturbances.

The applicant must submit a copy of its policy regarding co-location with other potential applicants on any proposed WT Tower.

The Board may require the applicant to use camouflage, architectural treatment, and/or otherwise minimize the visual impact of the proposed WT Technology. Where appropriate to prevent unreasonable degradation or destruction of public view or vistas, the approving Board may require off-site and/or off-tract landscaping to minimize sight lines from highly-trafficked locations or to mitigate the disruption of scenic vistas.

Radio-Frequency Effect. The approving Board may impose conditions on the applicant that the proposed WT Antenna be operated only at Federal Communication Commission (FCC) designated frequencies and power levels and/or relevant and applicable exposure limits. The Board may require that competent documentation be provided which establishes that maximum allowable frequencies, power levels, and exposure limits for radiation from the site will not be exceeded, and that radio and television reception will not be interfered with.

Removal of Wireless Telecommunications Technology. The applicant shall agree to remove any WT Technology if all or part of any such WT Technology becomes obsolete, is unrepaired for an unreasonable period, or ceases to be used for its intended purpose for twelve (12) consecutive months. Where the applicant proposes to construct a new WT Tower, the approving Board shall require the applicant to provide a demolition bond to the Township of Roxbury for the purpose of assuring the removal of any WT Technology in accordance with the provisions of this paragraph. When a demolition bond is required, the applicant will be responsible for providing, on an annual basis, written estimates to the Township of Roxbury for the costs to demolish and/or remove the WT Technology, and to restore the land upon which it is located. Such estimates will be used to establish whether any adjustment is required in the amount of the required demolition bond. Should the applicant fail to provide the aforesaid annual estimate, the Township may require that the amount of the demolition bond be increased in proportion to the most recent annual increase in the Consumer Price Index for the New York metropolitan area. The applicant will also grant to the Township an easement allowing the Township access to demolish abandoned and/or unused WT Technology should the applicant default on its obligation to do so.

[Ord. No. 23-02 § 2]

Structural Safety.

Upon written request from the Township of Roxbury, at any time during the application process or after the installation, construction, erection, movement, reconstruction, or modification of any WT Technology, the applicant shall provide a report from a licensed professional engineer certifying as to the condition of the WT Technology with respect to applicable structural safety standards. Such requests from the Township shall not occur more often than once every three (3) years. If the engineer's report recommends that repairs or maintenance are required, then a letter shall be submitted to the Township which shall contain a reasonable schedule for the required repairs or maintenance. Upon their completion, a letter shall promptly be submitted to the Township to certify same.

In the event the applicant fails to comply with these requirements regarding structural safety, the Township reserves the right, in addition to all of its other rights and remedies available under Federal, State, and local law, to declare the applicant in default of its obligations under this section. Should that occur, the applicant will have ten (10) days to notify the Township as to how it intends to cure its default, setting forth a reasonable schedule for same. In the event the applicant fails to so notify the Township or fails to cure as agreed, the Township may draw on the applicant's demolition bond and arrange for the removal and/or demolition of the applicant's WT Technology; declare the WT Technology to be abandoned and arrange for the public auction of the WT Technology; and/or pursue such other remedies at law and in equity as may be available. Nothing in this paragraph shall be construed to limit the applicant's liability for criminal prosecution.

Flammable Storage. Any storage facilities for flammables, including fuel, on the site will be equipped with secondary spill containment.

§ 13-7.3512 Self-Storage Facilities.

[Ord. No. 04-05 § 4]

Self-storage facilities shall be permitted under the following conditions:

The property must have direct access to a highway.

Minimum lot size shall be five (5) acres.

A minimum of fifty (50%) percent of the storage units shall be internally accessed.

No building shall exceed two (2) stories and twenty-eight (28) feet in height.

A planted or natural buffer strip of at least thirty-five (35) feet shall be provided adjacent to all residential zone boundaries. A planted or natural buffer strip of at least twenty (20) feet shall be provided along non-residential zone boundaries. Buildings, traffic aisles and parking shall be no closer than seventy-five (75) feet to a residential district.

Where there are one (1) or more adjoining residential zones, buildings shall be architecturally compatible.

Self-storage facilities may include a manager's unit/apartment for an employee of the facility.

§ 13-7.36 TEMPORARY USE PERMITS.

The Planning Board, upon favorable site plan review, may certify to the Building Inspector that a temporary use permit for a period not to exceed one (1) year may be issued and renewed for the following uses:

Temporary structures in connection with construction projects located on the same premises for office use and for storage of building materials, supplies and machinery subject to the following conditions:

That all setback requirements for the zone in which the structure may be located are complied with.

That said structure shall under no circumstances be used for habitation.

Acceptable means of ingress and egress shall be shown on the site plan.

A dwelling to be temporarily used as a model home or real estate office for the sale of only those homes within the subdivision it services subject to the following conditions:

The house to be used as a model home or a real estate office is built upon a lot approved as part of the subdivision by the Planning Board.

Only real estate transactions involving those dwellings in the subdivision are permitted.

No business other than the sale of houses within said subdivision shall be permitted.

Said dwelling house/model home shall meet all building and zoning requirements and restrictions of the zone in which it is located.

§ 13-7.37 Q-O QUARRY OVERLAY DISTRICT.

§ 13-7.3701 Purpose.

[Ord. No. 05-12 § 4]

The purpose of the Quarry Overlay District is to provide an overlay district in a limited area where quarrying activity will be permitted as an extension of existing quarrying operations on adjacent properties, with limitations to make this use more compatible with neighboring uses.

§ 13-7.3702 Definitions.

[Ord. No. 05-12 § 4]

For the purposes of this section, the following terms shall have the following meanings:

PHASING

shall mean the plan to be approved by the Planning Board pursuant to the Site Plan Requirements of subsection 13-7.3704 hereinbelow, consisting of the number and extent of phases, or subphases, reasonably deemed appropriate by the Planning Board, provided that the Board will not impose a time schedule for completion of any phase, or subphase, except to the extent necessary to avoid undue delays in the restoration of a phase.

QUARRYING

as permitted hereunder shall mean an operation or process which extracts stone, clay, sand, gravel, or soil from the ground or from the bed of any body of water by means other than blasting. Quarrying shall include crushing and screening of quarried materials, but shall not include processing of quarried materials so as to create new products or packaging and shipping of such products.

RESTORATION

shall mean reconditioning of land affected by quarrying operations to restore it to a reasonably safe, environmentally sound, stable and vegetated condition (excluding bodies of water with respect to vegetative condition only) consistent with applicable Federal, State and local statutes, ordinances and regulations, including without limitation applicable requirements and standards of the Land Development Ordinance of the Township of Roxbury.

§ 13-7.3703 Permitted and Prohibited Uses.

[Ord. No. 05-12 § 4]

Principal Use. As an alternative to the uses permitted in the underlying district, the following principal use shall be permitted: Quarrying, as defined hereinabove. If quarrying is pursued as the principal permitted use of a site, upon completion of quarrying on the site, the site may be developed, with requisite development approvals, pursuant to the permitted uses of the then-current zoning of the underlying district, provided that bodies of water and areas of steep slopes in excess of twenty-five (25%) percent shall not be credited in determining compliance with required lot area, density, floor area ration, impervious coverage or building coverage.

Accessory Uses. Permitted accessory uses shall include storage of equipment in active use in the quarrying operations on the site and stockpiling of materials quarried from the site for a limited duration pending shipment from the site.

Prohibited Uses. All uses not expressly permitted hereunder are prohibited. No buildings may be erected on the site, and no temporary or permanent structures shall be installed except for fences, portable sanitary facilities, driveways and internal roads that are part of an approved site plan. Except as provided in Paragraph B above, outdoor storage is prohibited.

§ 13-7.3704 Required Conditions.

[Ord. No. 05-12 § 4]

During quarrying operations, setback areas shall not be disturbed or traversed by equipment, except as necessary to conduct site restoration.

Quarrying of the site shall be conducted in phases, with restoration of each phase beginning once quarrying in that phase is completed.

A Site Restoration Plan shall be prepared by the applicant and approved by the Planning Board. The applicant shall post a performance guarantee in an amount of one hundred twenty (120%) percent of the estimated costs for completion of the restoration in a form approved by the Township Attorney. The Restoration Plan shall include a phasing plan and provide a date certain for completion. The Restoration Plan shall include the information required under subsection 13-7.3705 hereinbelow.

Time for Completion. The applicant shall propose a timeline for phased completion of all quarrying activity which shall not exceed eight (8) years and six (6) months from commencement of site preparation activities, and the Board shall condition its approval on the timely completion of all quarrying activities.

Excavation shall be restricted to a minimum finished grade elevation of 609.10 feet above the mean sea level. An Excavation Plan depicting proposed final grades and phasing of quarrying on the site, in accordance with subsection 13-7.3705 hereinbelow, shall be approved by the Planning Board.

After restoration, slopes on the site shall not exceed 4:1 (H:V) and shall be hydro-seeded as necessary to establish permanent vegetative cover.

Quarrying operations shall not undermine lateral support of abutting properties. In areas where the Township Engineer determines there is a significant potential for quarrying operations to undermine lateral support of abutting properties, he may require stability calculations prepared by a qualified licensed professional engineer, and he may require cessation of quarrying in these areas until he has approved the stability calculations.

Hours of operation within setbacks adjoining residential areas shall be 8:00 a.m.-6:00 p.m., Monday through Friday, 8:00 a.m.-noon Saturday, with no operations on Sundays and legal holidays. Elsewhere on the site, hours of operation shall be consistent with those permitted for the existing quarry operations.

§ 13-7.3705 Site Plan Requirements.

[Ord. No. 05-12 § 4]

All quarrying on the site shall be conducted in accordance with a Preliminary and Final Major Site Plan approved by the Planning Board, pursuant to Sections 13-3.8 and 13-3.9

A Preliminary and Final Major Site Plan application (the "application") shall be submitted in accordance with the applicable checklist requirements of Section 13-6.1.

In addition to the checklist requirements, the application shall include the following:

An Excavation Plan, at a scale of 1"=100', showing all boundaries and phasing lines with lengths of courses to .01' and bearing to .5 minute. Existing and proposed final contours, as well as projected interim contours at the end of each phase, shall be depicted at five (5) foot intervals (ten (10) foot intervals where slopes exceed thirty (30%) percent). Final slopes shall not exceed 4:1 (H:V). Slopes in and adjacent to water bodies shall comply with Best Management Practices under State Stormwater Management Regulations. The Excavation Plan shall include phasing, with a nonbiding estimated completion time of each phase, and shall be accompanied by a narrative explanation of the proposed sequence of quarrying operations on the site. The Plan shall identify approximate locations and heights of stockpiles. The Plan shall include a phased Interim Stormwater Management Plan, for the period of active quarrying on the site, which shall comply with all requirements of State stormwater management regulations and any applicable NJDEP requirements, as well as Section 13-8.4. The Plan will provide for implementation of required interim stormwater measures before the commencement of each phase of quarrying. The Excavation Plan will comply with soil erosion and sediment control standards adopted by the Morris County Soil Conservation District and/or required under Section 13-8.3.

A Restoration Plan shall provide for phased restoration of the site, with restoration of each phase required to commence upon completion of quarrying in that phase and required to be completed within one (1) year or prior to completion of quarrying in the next subsequent phase, whichever is sooner, provided that restoration of the final phase will be completed six (6) months of completion of quarrying in that phase. The type, source and quantity of all fill and cover material shall be identified, and a testing protocol to detect contaminated materials shall be specified. The Plan shall include a Post-Closure Stormwater Management Plan, for the period after active quarrying is completed on the site, which shall comply with all requirements of State stormwater management regulations and any applicable NJDEP requirements, as well as Section 13-8.4. The Restoration Plan will comply with soil erosion and sediment control standards adopted by the Morris County Soil Conservation District and/or required under Section 13-8.3. The Plan will include a revegetation/landscaping plan, which will identify type, size and location of plant material and provide for a 2-year postclosure maintenance program. The landscaping plan shall provide for an adequate visual buffer from roadways and residential zones, and shall comply with Section 13-8.8 to the extent applicable.

A Noise Compliance Report, identifying all noise-generating equipment and operations on the site and estimating the decibel noise levels at the property lines. The Report shall demonstrate compliance with applicable noise standards and specify all required noise mitigation measures.

A Dust Abatement Plan shall identify equipment and practices to be employed to minimize fugitive dust emissions from the operation in accordance with applicable regulations.

The site plan shall include delineation of conservation easements to prevent disturbance of setback areas.

Applicant shall post performance guarantees for restoration of each phase prior to commencement of quarrying in the next phase, or, in the case of the final phase, upon fifty (50%) percent completion of that phase, in the amount of one hundred twenty (120%) percent of the phase restoration cost as estimated by the Township Engineer. Should quarrying operations in any phase cease for six (6) months or more, Applicant shall post a performance guarantee for restoration of that phase. As appropriate, the amount of the performance guarantee will be periodically adjusted to account for inflation.

As a condition of site plan approval, in order to monitor compliance with the site plan, Applicant shall submit to the Planning Board and the Township Engineer, at the end of each calendar year, a certified inspection report by an engineer or surveyor, accompanied by a narrative explanation of any significant deviations from the Excavation Plan and/or the Restoration Plan.

Applicant shall be responsible for engineering inspection fees, application fees and shall fund an escrow account for review of the Application by the Planning Board's professionals and consultants, in accordance with the applicable provisions of the Land Development Ordinance.

This ordinance is adopted pursuant to a settlement agreement incorporated in a judgment entered in the Federal District Court of New Jersey under, Docket Number 03-1445 (DMC), entitled County Concrete Corporation, et als. vs. Township of Roxbury, et als. and is subject to the provisions of that settlement agreement including setbacks and other limitations provided for in the agreement.

§ 13-7.38 SOLAR ENERGY FACILITIES.

§ 13-7.3801 Definitions.

[Ord. No. 06-12]

For the purposes of this section, the following terms shall have the following meanings:

SOLAR ENERGY FACILITY

shall mean any apparatus and/or equipment that captures and converts solar radiation to produce usable heat and/or electrical energy.

SOLAR PANEL

shall mean an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce usable heat and/or electrical energy.

§ 13-7.3802 Purpose.

[Ord. No. 06-12]

Principal Use. As a principal use, the primary purpose of a solar energy facility is for commercial solar energy production limited to ten megawatts (10MW), so that in no event a commercial system is generating energy on the scale of a public utility. However, this provision in no way is meant to prohibit the generation and sale of electricity to public utilities for profit.

Accessory Use. As an accessory use, the primary purpose of the solar energy facility is to provide power for the principal use of the property and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from an accessory solar energy facility to a supplier/provider. The sale of excess power shall be limited so that in no event a solar energy facility is generating more energy for sale than what is otherwise necessary to power the principal use on the property. For the purposes of this Ordinance, the generation of energy shall be limited to one hundred twenty (120%) percent of the average annual energy consumed for the principal use of the subject property.

§ 13-7.3803 Permitted Use.

[Ord. No. 06-12]

Principal Use. A solar energy facility is permitted as a principal use on the site of a landfill or a closed resource extraction operation, and in the I-3, I-5, I-10, LI/OR and PO/LI Districts.

Accessory Use. Solar panels as a roof-mounted installation is permitted as an accessory use on all principal buildings in all zones. Solar panels as a ground-mounted installation, with associated equipment, is permitted as an accessory use in the I-3, I-5, I-10, LI/OR and PO/LI Districts on property conforming to the minimum lot size requirement for the respective zone.

§ 13-7.3804 Required Conditions.

[Ord. No. 06-12]

Principal Use.

Minimum lot/tract size of 20 contiguous acres.

Maximum rated power output 10 megawatts.

Buildings shall comply with bulk regulations of the respective zone in which they are located.

Ground mounted solar panels and associated equipment shall not exceed a height of 12 feet measured from the lowest point beneath the solar panel/support/equipment to the highest point of the solar panel/support/equipment, above it.

The minimum setback of ground mounted solar panels from an adjoining right-of-way line shall be 100 feet, and 150 feet for arterial and major arterial roads.

The minimum setback from all other property lines shall be 100 feet.

In no case shall a solar energy facility encompass more than 50 percent of the lot area calculated by one perimeter measurement encompassing the entirety of the solar panels, associated equipment and buildings.

The natural grade of a property shall not be changed by more than three feet to accommodate the solar energy facility, with the exception of berms used for screening. All grading shall comply with Section 13-7.818 with respect to disturbance of steep slopes.

The solar energy facility shall be screened from adjoining properties and streets with landscaping, berms and/or fencing in compliance with Section 13-8.8. A continuous landscape buffer of 75 feet shall be provided along all roads and adjoining properties utilizing the design standards of subsection 13-8.806.2 for transition buffers.

A vegetated surface shall be provided beneath the solar panels.

NJDEP approvals shall be obtained for the development of a solar energy facility on a landfill.

Electric utility approval to connect to the electric grid shall be provided as a condition of approval.

Compliance with stormwater management provisions of Section 13-8.4 is required.

A full-perimeter security fence shall be provided outside the setback areas. Where visible from adjoining properties or streets, all components of chain link fencing shall be black vinyl clad.