Township of Union, NJ Land Use

The purpose of this chapter is the implementation of the Comprehensive Master Plan for Union Township exercising the authority delegated to municipalities under the Municipal Land Use Law C.P.L. 1975, c. 291 to regulate development in conformance with the purposes of the law:

To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare;

To secure safety from fire, flood, panic and other natural and man-made disasters.

To provide adequate light, air and open space;

To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the County and the State as a whole;

To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment, promoting a community land use pattern which recognizes historical, cultural, and natural features within Union Township which make it unique;

To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land policies.

To provide sufficient space in appropriate locations for a variety of agricultural, residential, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens; providing standards for all types of dwelling units so that all the people may have access to decent, sound, and sanitary housing and; by directing future development, including a wide range of housing types at varying densities into areas where appropriate community services and facilities can be most adequately provided;

To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which result in congestion and blight;

To promote a visual environment through creative development techniques and good civic design and arrangements by protecting historic features, including structures, sites, waterways, villages, and landscapes, which have a special character or use and which affect or are affected by their environment.

To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land by providing for the protection of critical natural resources, including wetlands, prime agricultural soils, steep slopes, aquifer recharge, and other areas of hazardous geologic and topographic features;

To encourage planned unit development which incorporates the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site;

To encourage senior citizen community housing construction;

To encourage coordination of the various public and private procedures and activities shaping land development with a view to lessening the cost of such development and to the more efficient use of the land;

To promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources;

To assist orderly, efficient and integrated development of land;

To provide for the coordination of existing streets and public utilities with new facilities;

To provide for efficient and orderly extension of community services and facilities at minimum cost and maximum convenience.

To ensure equitable handling of all subdivision and site plans by developers and subdividers by providing uniform procedures and standards for observance.

§ 30-2 DEFINITIONS.

[Ord. No. 85-9, §§ 2.00, 2.01; Ord. No. 86-4, § 1; Ord. No. 86-10, § 1; Ord. No. 88-5, § 1; Ord. No. 88-11, § 1; Ord. No. 90-2, § 1; Ord. No. 93-4, § 1; Ord. No. 93-11, § 1; Ord. No. 94-8, § 1; Ord. No. 94-9, § 1; Ord. No. 95-8, § 1; Ord. No. 96-16, § 1; Ord. No. 96-17, § 1; Ord. No. 98-7, § I; Ord. No. 2001-8, §§ 5, 8, 10; Ord. No. 2002-01, § 1; Ord. No. 2003-3; Ord. No. 2004-10, §§ 2, 5; Ord. No. 2011-10, § 1; Ord. No. 2014-3 § 2; Ord. No. 2015-6 § 1]

General.

Unless a contrary intention appears, the following words and phrases shall have for the purposes of this chapter the meanings given in the following clauses.

For the purpose of this chapter, words and terms used herein shall be interpreted as follows:

(a)

Words used in the present tense include the future.

(b)

The singular includes the plural.

(c)

The word "person" includes a corporation, partnership, and association, as well as the individual.

(d)

The word "lot" includes the word "plot" or "parcel".

(e)

The term "shall" is mandatory.

(f)

The words "used" and occupied" as applied to any land or structure shall be construed to include the words "intended, arranged, or designed to be occupied."

As used in this chapter:

ACCEPTED NURSERY PRACTICES: Shall mean all practices that are conducted in compliance with all Federal, State, County and/or local laws and/or regulations and/or the Recommended Practices articulated in ANSI A300.

ACCESSORY STRUCTURE OR USE: Shall mean a building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.

ACCESSWAY: Shall mean a way for vehicular and foot traffic leading from any street.

ACRE: Shall mean 43,560 square feet.

ACT: Shall mean the New Jersey Municipal Land Use Law, Chapter 291 of the Laws of 1975, as supplemented and amended.

ADMINISTRATIVE OFFICER: Shall mean the Clerk of the municipality unless a different municipal official or officials are designated by ordinance or statute.

AFFORDABLE HOUSING: Shall mean a dwelling unit that is restricted to occupancy and sale to persons of low and moderate income as established by the New Jersey Council on Affordable Housing, and in accordance with the Township's Affordable Housing Plan.

AGRICULTURAL SOILS: Shall mean soils classified in the Soil Survey of Hunterdon County, New Jersey, U.S. Department of Agriculture, Soil Conservation Service, November, 1974. The term, unless otherwise specified, refers to land capability classes I, II, and III; those soils which may be considered prime agricultural soils.

ALLEY (SERVICE STREET): Shall mean a minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.

ALTERATIONS: Shall mean and include, but are not limited to, the following:

APPLICANT: Shall mean a person, partnership, corporation, or public agency requesting permission to engage in land development or land disturbance.

APPLICATION FOR DEVELOPMENT: Shall mean the fully and properly completed application form and all accompanying documents and information required by this chapter, within the relevant development application checklist, unless waivers for such information have been granted by the Board having jurisdiction, and all requisite fees submitted in a manner that would allow the application to be deemed complete in accordance with the Act and this chapter, for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 (C. 40:55D-34); or Section 27 (C. 40:55D-36) of the Act.
[Ord. No. 2014-3 § 2]

APPROVED WOODLAND MANAGEMENT PLAN: Shall mean a Woodland Management Plan that has been reviewed and endorsed by the Union Township Planning Board following review and report to the Board by the Environmental Commission, Tree Committee.

APPROVING AUTHORITY: Shall mean the Union Township Planning Board unless a different agency is designated by ordinance when acting pursuant to the authority of the Act.

AREA OF A SIGN: Shall mean the total area of a sign including all borders and trim but not structural elements.

BASAL AREA: Shall mean the cross sectional area of a tree measured at a point 4.5 feet above the surface of the natural grade.

BASE SITE AREA: See Site Area, Base.

BASEMENT: Shall mean an enclosed area partly or completely below grade. It shall be considered a building story if more than 1/3 of the perimeter walls are five feet or more above grade and if the net area of the door or window openings in the exterior walls is equal to at least 10% of the enclosed floor area.

BILLBOARD: See Sign, Outdoor Advertising.

BOARD OF ADJUSTMENT: Shall mean the Union Township Board of Adjustment established pursuant to Section 56 (C. 40:55D-69) of the Act.

BOARDER, ROOMER, LODGER: Shall mean a person occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for a week or more at a time to the owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classified for the purposes of this chapter not as a roomer, boarder, or lodger but as a guest of a commercial lodging establishment (motel, hotel, tourist home).

BUFFER YARD: Shall mean a strip of required yard space adjacent to the boundary of a property, district, road, street, or highway, not less in width than is designated in this chapter, and on which is placed year-round shrubbery, hedges, evergreens, or other suitable plantings of sufficient height and density to constitute an effective screen and to give maximum protection and immediate screening to an abutting property or district. A buffer yard may include a wall or fence or a solid wall or fence, provided that such wall or fence is screened or constructed in such a manner that it will not conflict with the character of the abutting district.

BUILDING: Shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.

BUILDING SETBACK LINE: Shall mean the line parallel to the proposed right-of-way line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located; provided that, in the case of a lot situated at the end of a cul-de-sac where the side lines are divergent, the building setback line shall be where lot width first coincides with the required minimum lot width but in no case closer to the street than the required front yard.

BULK: Shall mean the term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards, and to lot lines, and therefore included;

CALIPER: Shall mean a measurement of the size of a tree equal to the diameter of its trunk measured 4 1/2 feet above natural grade.

CAPITAL IMPROVEMENT: Shall mean a governmental acquisition of real property or major construction project.

CELLAR: Shall mean a story, partly underground, and having more than 1/2 of its height (measured from floor to ceiling) below the average level of the adjoining ground or a floor to ceiling height of less than 6 1/2 feet. A cellar should not be considered in determining the permissible number of stories or square footage nor shall it be used for dwelling purposes.

CERTIFICATION: Shall mean a written endorsement of a plan for soil erosion and sediment control by the Township Engineer which indicates that the plan meets the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.

CERTIFIED FORESTER: Shall mean a person authorized by the Department of Environmental Protection (DEP), New Jersey Forest Service, pursuant to N.J.A.C. 7:3-2, to annually attest that a landowner is in compliance with a Woodland Management Plan and/or program.

CHILD CARE CENTER: Shall mean a commercial facility in which child care services are provided for a fee to six or more children at any one time for more than 15 hours per week, and said use is required to be licensed by the N.J. Department of Human Services pursuant to P.L. 1983, c. 492 (C.30:5B-1 et seq.).

CLEAR CUTTING: Shall mean any the removal of more than 20% of all standing trees on a lot, parcel or site within any twenty-year period.

CLEAR SIGHT TRIANGLE: Shall mean an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street right-of-way lines.

COAH: Shall mean the New Jersey Council on Affordable Housing.

COAH RULES: Shall mean the rules and procedures as established by the New Jersey Council on Affordable Housing (COAH) in regard to the collection, use, and administration of development fees for affordable housing purposes.

CONCEPT PLAN: Shall mean a general plan, sufficiently detailed for discussion purposes.

CONDITIONAL USE: Shall mean a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning regulations, and upon the issuance of an authorization therefor by the Planning Board.

CONDOMINIUM: Shall have the meaning as defined within the State Condominium Act. Real estate, portions of which are designed for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the included interests in the common elements are vested in the unit owners.

CONSERVATION EASEMENT: Shall mean a portion of land dedicated for designated conservation purposes and designated as such on any recorded deed, plat plan and/or as otherwise identified and delineated in any site plan.

CONTIGUOUS: Shall mean immediately adjacent, abutting, bordering, and/or sharing a common property line.

CONTINUING CARE FACILITY: Shall mean a residential facility designed to house persons over the age of 65 or handicapped persons whose health requires that special services and support systems be available on-site to enable such persons to live outside of an institution, which residential facility both adjoins and has access to the services of a nursing home as herein defined in addition to the on-site services provided to the residents.

CONVENTIONAL DEVELOPMENT: Shall mean development other than planned development.

CORNER LOT: Shall mean a lot which has an interior angle of less than 135° at the intersection of two street lines. A lot fronting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at points within the lot or at the points of intersection of the side lot lines with the street line intersect at an angle of less than 135°. Front yards are required on both streets, the remaining yards are to be side yards.

COUNTY MASTER PLAN: Shall mean a composite of the master plan for the physical development of Hunterdon County with the accompanying maps, plats, charges and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

COUNTY PLANNING BOARD: Shall mean the Hunterdon County Planning Board, as defined in Section 1 of P.L. 1968, c. 285 (C. 40:27-6.1).

CRITICAL WILDLIFE HABITAT: Shall mean any of the following:

CUL-DE-SAC: Shall mean a street which intersects another street at one end and terminates at the other end in a vehicular turnaround.

DAYS: Shall mean calendar days.

DECK: Shall mean an exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, pier or independent supports. A deck may be attached to the structure or freestanding. Decks shall be defined as accessory structures.

DEDICATION: Shall mean the transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee simple interest or a less than fee interest, including an easement.

DENSITY, GROSS: Shall mean a measure of the number of permitted dwelling units per gross area of land to be developed including proposed streets, easements and open space portions of a development. Gross density shall be expressed in "dwelling units per acre." This measure is determined by dividing the number of dwelling units into the gross site area.

DEVELOPER: Shall mean 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: Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, 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 the Act.

DEVELOPMENT APPLICATION: See "Application for development."
[Ord. No. 2014-3 § 2]

DEVELOPMENT FEES: Shall mean the money paid by an individual, person, partnership, association, company or corporation for the improvement of property in lieu of providing for the construction of affordable housing units within the Township as specified and required by this chapter and the New Jersey COAH rules.

DIAMETER BREAST HEIGHT OR DBH: Shall mean the diameter of a tree measured at a point 4.5 feet above the surface of the natural grade.

DIRECT GLARE SOURCE: Shall mean any direct glare source visible from a height above five feet at the subject property line.

DISTURBANCE: Shall mean any activity involving the clearing, excavating, storing, grading, filling, or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.

DIVERSION: Shall mean a channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.

DV: Shall refer to the diameter breast height and shall mean the diameter of the stem of a tree measured 4.5 feet above the surface of the ground.

DRIFTWAY: Shall mean a roadway or passageway which is not a street as defined herein but which prior to adoption of this chapter, has become an established use for owners of abutting lands having no frontage on any existing State, County, or municipal road for ingress or egress over the property of others, between a public street and the abutting properties. Private roads or lanes entirely situated on a single property shall not be considered a driftway.

DRIP LINE: Shall mean a line connecting points on the ground that lie directly beneath the ends of the outermost stems of a tree.

DRIVEWAY: Shall mean a private strip of land, generally graded, intended for use as a means of vehicular or pedestrian access to an individual lot.

DWELLING: Shall mean a building designed and occupied for residential purposes, excluding hotels, rooming houses, tourist homes, institutional homes, residential clubs, mobile home parks, and the like.

DWELLING UNIT: Shall mean one or more rooms for living purposes, together with cooking and sanitary facilities, which are used or intended to be used by one or more persons living together and maintaining a common household. Each shall be accessible from the outdoors either directly or through an entrance hall shared with other dwelling units.

EASEMENT: Shall mean a right-of-way or restriction granted for limited use of private land within which the owner of the property may be restricted from erecting permanent structures but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.

EAVES: Shall mean the lowest horizontal line of a sloping roof.

ECHO UNIT: Shall mean Elder Cottage Housing Opportunity unit which is a small removable modular cottage in the rear or side yard of a dwelling. The ECHO unit shall be a separate living quarters, accessory to a primary residence on the premises, not exceeding 750 square feet of gross floor area for the use of and occupancy by not more than two persons who are related by blood, marriage or adoption to the owner who must occupy the primary residence on the premises. One of the ECHO unit occupants shall be 60 years of age or older.

EMBANKMENT: Shall mean a man-made deposit of soil, rock, or other materials.

EMPLOYEE: Shall mean a term referred to in the parking standards as a measure of the number of parking spaces required. It shall refer to the maximum number of employees on duty at any time, whether the employees are full or part time. If shifts are involved in which two shifts overlap, it refers to the total of both shifts.

ENFORCEMENT OFFICER: Shall mean the Zoning Officer, Construction Official or other individual appointed by the municipality to enforce this chapter within the jurisdiction of the municipality.

ENVIRONMENTAL COMMISSION: Shall mean a municipal advisory board created pursuant to P.L. 1968, C. 245 (C. 40:56A-1 et seq.).

EQUALIZED ASSESSED VALUE: Shall mean the value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.

EROSION: Shall mean the process by which soil and bedrock are worn away.

EXCAVATION OR CUT: Shall mean an act by which soil or soils are cut into, dug, quarried, uncovered, removed, displaced or relocated.

EXISTING GRADE: Shall mean the vertical location of the existing ground surface prior to cutting or filling.

EXISTING INDIVIDUAL LOT: Shall mean all existing lots identified and recorded in the Township's Map as of the date of adoption of this ordinance.[1]

EXPANSION: Shall mean an addition to the floor area of an existing building, an increase in size of another structure, or an increase in that portion of a tract of land occupied by an existing use.

FACADE: Shall mean the exterior wall, face, or plane of a building. The area of the facade is computed by multiplying the distance between the corners of the facade by the distance from the average level of the finished grade of the ground to the eaves or parapet of the facade.

FAMILY: Shall mean one or more persons related by blood, foster relationship, marriage, or adoption, and, in addition, any domestic servants or gratuitous guests thereof; or a group of not more than five persons who need not be so related; and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder, or lodger shall not be considered a member of the family.

FAMILY DAY CARE HOME: Shall mean a private residence in which child care services are provided for a fee to not less than three and no more than five children at any one time for no less than 15 hours per week, and said use is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act" P.L. 1987, c. 27 (C. 30:5B-16 et seq.).

FARM: Shall mean a lot of at least five acres used solely for agricultural purposes, exclusive of the minimum lot area required for a building intended for habitation.

FARM MANAGEMENT UNIT: Shall mean a parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures, and facilities, producing agricultural or horticultural products, and operating as a single enterprise.

FARM SCALE RENEWABLE ENERGY GENERATING FACILITY: Shall mean a ground mounted renewable energy generating facility which is rated to generate no more than two MW (megawatts) of electricity and which constitutes an accessory use on agriculturally assessed land and which occupies no more than 10 acres of total land area.

FINAL PLAT: Shall mean the final map of all or portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the Hunterdon County Recording Office.

FINISHED GRADE: Shall mean the final elevation of the ground surface conforming to the proposed design.

FLOOD OR FLOODING: Shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

FLOOD ELEVATION, REGULATORY: Shall mean the 100 year flood elevation, plus a free board safety factor of 1 1/2 feet.

FLOOD FRINGE: Shall mean that portion of the flood hazard area outside the floodway. The boundaries of the flood fringe are delineated on the Flood Insurance Study for the municipality and on the Flood Boundary and Floodway Maps (as further defined in § 30-6 herein), such maps being a part of the Flood Insurance Study; the Flood Boundary and Floodway Maps are hereby incorporated into this chapter and shall be as much a part of this section as if all were fully described herein.

FLOODPLAIN: Shall mean:

FLOODPLAIN DISTRICTS, DESIGNATED: Shall mean those floodplain districts specifically designated in each municipality, as being inundated primarily by the 100-year flood. Such areas include the Floodway District, the Flood Fringe District, and the Approximated Floodplain District.

FLOODPLAIN SOILS: Shall mean areas subject to periodic flooding and listed in the Soil Survey of Hunterdon County, N.J., U.S. Department of Agriculture, Soil Conservation Service, November, 1974 as being "on the floodplain" or subject to "flooding."; The following soil types are floodplain soils:

FLOODPROOFING: Shall mean structural or other changes or adjustments to properties or obstructions for the reduction or elimination of flood damages to such properties and obstructions, or to the contents of the structure.

FLOODWAY: Shall mean the channel of a river or other watercourse and the adjacent land areas required to carry and discharge the flood of the one hundred (100) year magnitude without causing more than a two-tenths (0.2') foot rise above the current natural conditions. The boundaries of the floodway are delineated on the Flood Insurance Study and the Flood Boundary and Floodways Maps referred to in § 30-6.

FLOOR AREA: Shall mean the sum of the areas of the several floors of a building measured from the outside face of the exterior walls or from centerlines of walls separating two buildings. In particular, floor area includes, but is not limited to, the following:

FLOOR AREA RATIO: Shall mean the sum of the area of all floors of buildings or structures to the total area of the site.

FOOTCANDLE (FC): Shall mean a unit of illuminance on a surface one foot square in area onto which there is a uniform flux of one lumen.

FORESTRY: Shall mean the ongoing program of clearing or cutting timber resources within the forested or wooded areas and coordinated with a reforestation program. Forestry does not include authorized clearing in accordance with plans approved pursuant to this chapter, the issuance of a building permit, nor the removal of sick or dead trees.

FREEBOARD: Shall mean a margin of safety, expressed in feet above the 100-year flood elevation.

FULL CUT OFF LIGHT FIXTURE: Shall mean a light fixture with cutoff optics that allows no light emissions above a vertical cutoff angle of ninety (90°) degrees and a maximum of ten (10%) percent of numeric value of the lamp lumen output radiates over an eighty (80°) degree angle above nadir (straight down at perfect vertical) through the light fixture's lowest light emitting part when mounting height is sixteen (16') feet or less. Any structural part of the light fixture providing this cutoff angle must be permanently affixed. No direct up light.

GLARE: Shall mean the sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or the loss of visual performance and visibility.

GOVERNING BODY: Shall mean the Township Committee, the chief legislative body of the municipality.

GRADING: Shall mean any stripping, cutting, filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition.

GRADING PERMIT: Shall mean a permit issued to authorize work to be performed under this chapter in situations not requiring subdivision or site plan approval.

GRASSED WATERWAY: Shall mean a natural or constructed path, usually broad and shallow, covered with erosion resistant grasses, used to conduct surface water from a field diversion or other site feature.

GRID SCALE RENEWABLE ENERGY GENERATING FACILITY: Shall mean a renewable energy generating facility which is rated to produce greater than two megawatts of electricity and which constitutes a principal use on the property.

GROUND FLOOR: Shall mean the first floor of a building other than a cellar or basement.

GROUND LEVEL TERRACE: Shall mean a level, landscaped, and/or surfaced area, also referred to as a ground level patio which does not rise above the existing grade, and is not covered by a permanent roof.

HEDGEROW: Shall mean a grouping of 10 or more trees where the width group is less than the average height of the trees and the length of the group is at least four times average height of the trees. Hedgerows are typically located along property lines or between areas of vegetation in earlier stages of succession or along roads and parallel thereto.

HEIGHT OF BUILDING: Shall mean the vertical distance measured from the average level of the finished grade along all the exterior walls of a building to:

HISTORIC DISTRICT: Shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HISTORIC SITE: Shall mean any real property, man-made structure, natural object or configuration, or any portion or group of the foregoing, of historical, archeological, cultural, scenic or architectural significance.

HISTORIC TREE: Shall mean trees that are of unique historical value, as determined by the Planning Board in consultation with the Union Township Historical Society, and therefore constitute an important community resource.

HOME OCCUPATION OR HOME BUSINESS: Shall mean as defined under § 30-5.5hl, H-1 Home Occupation.
[Ord. No. 2015-6 § 1]

HOME OWNERS' ASSOCIATION: Shall mean an incorporated, nonprofit organization operating in a cluster or planned development under recorded land agreements through which (a) each lot owner is automatically a member; (b) each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township, and (c) each owner and tenant has the right to use the common property.

IESNA: Shall mean Illuminating Engineering Society of North America. An organization that provides standards for the lighting industry.

IMPERVIOUS SURFACE: Shall mean:

IMPROVEMENTS: Shall mean buildings for public or quasipublic use, grading, paving, street lights and signs, fire hydrants, water mains, sanitary sewers, storm drains, sidewalks, crosswalks, bridges, culverts, monuments, retaining walls, and shade trees; as proposed or required, and intended for dedication to the municipality.

INCLUSIONARY DEVELOPMENT: Shall mean a performance subdivision or other type of residential development in which at least 5% of the units are reserved for low income households as defined by the New Jersey Council on Affordable Housing and in which at least 5% are reserved for moderate income households as defined by the New Jersey Council on Affordable Housing.

INDUSTRIAL: Shall mean of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods. This does not include recycling operations or quarrying operations or reclamation.

INTERESTED PARTY: Shall mean:

ISOLATED LOT: Shall mean an undeveloped substandard lot in separate ownership from surrounding property.

LAKES AND PONDS: Shall mean natural or artificial bodies of water which retain water year-round. Artificial ponds may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the permanent pool elevation. Lakes are bodies of water two or more acres in extent. Ponds are any body less than two acres in extent.

LAND: Shall mean and include improvements and fixtures on, above or below the surface.

LANDMARK TREES: Shall mean trees that are of unique ecological or aesthetic value, as determined by the Planning Board, and therefore constitute an important community resource.

LANDSCAPE EASEMENT: Shall mean a portion of land dedicated for landscaping and, more specifically, the installation or planting of landscape materials including but not limited to trees, shrubs, ground covers, turf and/or other planting materials. A landscape easement may be required as a landscape barrier or buffer between properties of different uses or between residential neighborhoods and arterial streets and/or areas of a nonresidential nature. Additionally, a landscape easement may be identified and delineated in a deed, plat plan and/or site plan.

LIGHT TRESPASS: Shall mean any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in § 30-7.5.

LOADING BERTH: Shall mean an area abutting the building especially designated for the loading and unloading of vehicles and which has convenient access to a storage location for the goods loaded or unloaded, such access being furnished by an elevated floor, a recessed vehicle parking area, a ramp, or other facility of like purpose.

LOOP STREET: Shall mean a street which has two points of intersection with the same road. In its simplest form a loop street enters a tract, follows a course through it, and returns to the same road at some distance from the other intersection.

LOT: Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOW INCOME: Shall mean total gross household income equal to 50% or less of the median household income for households of the same size and using the median income data for households accepted by the Council on Affordable Housing for the region which includes Union Township.

LOWEST FLOOR: Shall mean the lowest floor of the enclosed area, including basement.

MAINTENANCE GUARANTEE: Shall mean any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (C. 40:55D-53.5), and cash.

MAJOR SUBDIVISION: Shall mean any subdivision not classified as a minor subdivision.

MANUFACTURED HOME: Shall mean a unit of housing which:

MASTER PLAN: Shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 (C. 40:55D-28) of the Act.

MAYOR: Shall mean the chief executive of the municipality, whatever his or her official designation may be, except that in the case of municipalities governed by municipal council and municipal manager the term "mayor" shall not mean the mayor of such municipality.

MET TOWER: Shall mean a meteorological tower used for gathering atmospheric information, such as wind speed and direction.

MINOR SUBDIVISION: Shall mean a subdivision of land which does not involve (1) the creation of more than one lot per calendar year and a remainder; (2) planned development; (3) any new street; or (4) extension of any off-tract improvements. No plat shall be classified as a minor subdivision if it results in any remaining lands capable of being resubdivided into one or more building lots.

MOBILE HOME: Shall mean:

MODERATE INCOME: Shall mean a total gross household income between 50% and 80% of the median household income for households of the same size and using the median income data for households accepted by the Council on Affordable Housing fort the region which includes Union Township.

MULCHING: Shall mean the application of plant or other suitable materials on the soils surface to conserve moisture, hold soil in place, and aid in establishing plant cover.

MUNICIPAL AGENCY: Shall mean a municipal Planning Board or Board of Adjustment, or a governing body of a municipality when acting pursuant to this act and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to the Act.

MUNICIPALITY: Shall mean the Township of Union.

NATURAL GROUND SURFACE: Shall mean the ground surface in its original state before any grading, excavation or filling.

NONCONFORMING LOT: Shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE: Shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING USE: Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NURSERY GRADE QUALITY: Shall mean nursery stock that complies with the standards and recommended practices of the American Nursery and Landscape Association (ANLA) ANSI Z60.1 and/or American Association of Nurserymen.

NURSING HOME: Shall mean a health care facility duly licensed as a nursing or convalescent care facility, which provides nursing care in addition to shelter and board, and for which a certificate of need has been issued by the New Jersey Department of Health.

OBSTRUCTION: Shall mean any structure or assembly of materials including fill above and below the surface of land or water, and any activity which might impede, retard or change flood flows. The planting, cultivation, and harvesting of field and orchard crops, or the grazing of livestock, including the maintenance of necessary appurtenant agricultural fencing, shall not be considered any obstruction under this definition and shall not be subject to regulation under these regulations.

OCCUPANT (OCCUPANCY): Shall mean the legal occupant of a building or premises licensed to engage in a business, residence, or profession, or exempt from license due to governmental, educational, religious, or other privileged status.

OFF-SITE: Shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF-TRACT: Shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

OFFICIAL COUNTY MAP: Shall mean the map, with changes and additions hereto, adopted and established by resolution of the County Board of Chosen Freeholders pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP: Shall mean a map adopted by ordinance pursuant to New Jersey MLUL Chapter 291, Article 5 (C. 40:55D-32 et seq.).

ON-SITE: Shall mean located on the lot in question.

ON-TRACT: Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN AIR AUCTION HOUSE: An auction house shall be considered as a retail commercial use per Use E-1 or E-2 herein, conducted in a place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other.

OPEN AIR AUCTIONS: Open air auctions are commercial uses per § 30-5.3 herein, conducted in the open air on a recurring basis where objects of art, furniture, machinery, farm equipment and other goods are offered for sale to persons who bid on the object in competition with each other.

OPEN SPACE: Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off street parking and other improvements that are designed to be incidental to the natural openness of the land.

OUTDOOR ENCLOSED LIGHT FIXTURE: Shall mean an electrically powered illuminating device which is either temporarily or permanently installed outdoors, including but not limited to, devices used to illuminate any site, architectural structure or sign. The face of the lamp must be recessed within the enclosure and any glass/plastic protective or diffusing device cannot extend beyond that enclosure.

OUTDOOR FIXTURE: Shall mean light fixture suitable for outside use.

OWNER: Shall mean any individual, firm, association, syndicate, copartnership, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.

PARAPET: Shall mean the top of a building wall or facade which is raised above the roof.

PERFORMANCE GUARANTEE: Shall mean any security which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under circumstances specified in Section 16 of P.L. 1991, c.256 (C. 40:55D-53.5), and cash.

PERFORMANCE SUBDIVISION: Shall mean a subdivision in which mixed residential types are encouraged in order to promote appropriate land planning and to provide a variety of housing choices and to encourage clustering so as to provide open space.; Provided, however, that any proposed project in the AP or CR Zones created under the performance subdivision provision herein shall not contain an excess of more than 10% of the total lots or units that could have been created in a standard subdivision or site plan under the provisions for a conventional project in the same district.

PERSON: Shall mean natural persons, corporations and all other entities.

PLANNING BOARD: Shall mean the Union Township Planning Board established pursuant to Section 14 (C. 40:55D-23) of the Act.

PLAT: Shall mean a map or maps of a subdivision or site plan.

POLLUTION: Shall mean the contamination of any waters such as will create a nuisance or to render such waters harmful, detrimental, or injurious to public health, safety, or welfare; or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wild animals, birds, fish, or other aquatic life, including but not limited to such contamination by alteration of the physical, chemical, or biological properties of such waters, or change in temperature, taste, color, or odor thereof, or the discharge of any liquid, gaseous, radioactive, solid, or other substances into such waters.

PRELIMINARY PLAT: Shall mean the preliminary plat indicating the proposed layout of the subdivision which is submitted to the secretary of the Planning Board for Planning Board consideration and tentative approval, and meeting the requirements of this chapter.

PREMISES: Shall mean any tax parcel within a municipality.

PRESERVED FARM RENEWABLE ENERGY GENERATING FACILITY: Shall mean a ground mounted renewable energy generating facility which constitutes an accessory use on a preserved farm and which shall be permitted at a scale not to exceed 110% of the previous years energy demand for the farm management unit or 1% of the total acreage of the farm management unit which ever is greater. In no case shall a facility be rated to generate more than two megawatts of electricity.

PRINCIPAL LOT: Shall mean the main purpose for which a lot or building, or portion of a lot or building, is used.

PRIVATE GARAGE: Shall mean an accessory building for the storage of motor vehicles owned and operated by the occupants of the principal building and which no occupation, business or service for a fee either monetary or otherwise is carried on. Said buildings shall be limited in total capacity to three vehicles.

PUBLIC AREAS: Shall mean:

PUBLIC DEVELOPMENT PROPOSAL: Shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereof.

PUBLIC UTILITY OPERATING FACILITY: Shall mean any building or structure or extension thereof used, or to be used, by a public utility, corporation or authority for public utility purposes.

PUBLIC VIEW: Shall mean visible from a public thoroughfare, public lands or buildings, public pathways, trails, bicycle paths or waterways or from private property not owned by the applicant.

QUORUM: Shall mean the majority of the full authorized membership of a municipal agency.

RAISED TERRACE: Shall mean a level, landscaped, and/or surfaced area, also referred to as a raised patio, that is raised above the existing grade, and is not covered by a permanent roof. Raised terraces shall be defined as accessory structures.

RECYCLING AREA: Shall mean a space allocated for the collection and storage of source separated recyclable materials.

RENEWABLE ENERGY FACILITY: Shall mean a facility and all associated equipment that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.

REPLACEMENT TREES: Shall mean any deciduous or evergreen woody plant of the caliper required in this chapter, planted for the purpose of replacing trees, removed.

REQUIRED RESOURCE-PROTECTION RATIOS: See § 30-6.4a3(b)(5), Resource Protection Ratio.

RESIDENTIAL CLUSTER: Shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY: Shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.

RESIDENTIAL SCALE RENEWABLE ENERGY GENERATING FACILITY: Shall mean a renewable energy generating facility which is rated to generate no more than 110% of the historical energy use from the previous year of the meter connected to the renewable energy system and which constitutes an accessory use to a principal residential or commercial use.

RESIDENTIAL SHED: Shall mean a building accessory to a detached dwelling unit which is utilized for the storage of tools, lawn and garden equipment and furniture and similar household items and personal property owned by the occupants of the detached dwelling unit. For the purposes of this definition, travel trailers, campers, mobile homes, shipping containers and storage containers such as "PODS^®" are not considered as residential sheds.
[Ord. No. 2015-6 § 1]

RESOURCE PROTECTION: Shall mean:

RESUBDIVISION: Shall mean:

RETENTION BASIN: Shall mean a pond, pool or basin used for the permanent storage of water runoff.

REVERSED FRONTAGE LOT: Shall mean a lot extending between and having frontage on a major street and a minor street with vehicular access solely from the minor street.

RIGHT-OF-WAY: Shall mean:

ROAD CLASSIFICATION: Shall mean the classification of roads as described in the Comprehensive Master Plan for Union Township or approved plans of Hunterdon County or the State Department of Transportation.

ROOF LINE: Shall mean the highest continuous horizontal line of a roof. On a sloping roof the roof line is the principal ridge line, or the highest line common to one or more principal slopes of roof. On a flat roof, the roof line is the highest continuous line of the roof.

ROTOR DIAMETER: Shall mean the cross sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.

SAPLING: Shall mean any immature woody plant having at least one stem greater than 0.75 inch and less than three inches in diameter at a point 4.5 feet above the natural ground surface and having a mature height of greater than 20 feet.

SEDIMENT BASIN: Shall mean a barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt, or other material.

SEDIMENT POOL: Shall mean a reservoir space allotted to the accumulation of submerged sediment during the life of a structure.

SEDIMENTATION: Shall mean the deposition of solid material, both mineral and organic, that was in suspension and that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SEWER FACILITY: Shall mean any municipality or privately owned sewer system in which sewage is collected from several buildings on a single property or from several lots and treated at a common plant. The design, operation, and location of the sewer plant shall be in accordance with the waste water policies of Union Township, participating municipalities and the State Department of Environmental Protection. For the purposes of this chapter, community sewage systems shall be defined in accordance with the administrative regulations of the Department of Environmental Protection.

SHRUB: Shall mean a single or multi-stem woody plant having a mature height of less than 20 feet.

SIGHT DISTANCE TRIANGLE: Shall mean a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection; also known as sight easement.

SIGN: Shall mean:

SINGLE AND SEPARATE OWNERSHIP: Shall mean the ownership of a lot, tract, or parcel of land by one or more persons, partnerships, corporations or other legal entities, which is separate and distinct from the ownership of any abutting or adjoining lot, tract, or parcel. Separate and distinct means that the lot, tract, or parcel owned does not abut or adjoin any other lot, tract, or parcel of land under the ownership or control of the same one or more persons, partnerships, corporations, or other legal entities.

SITE AREA: Shall mean:

SITE PLAN: Shall mean a development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways, the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and other signs, lighting and screening devices, and any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.

SKETCH PLAT: Shall mean the sketch map of a subdivision used for the purpose of classification and meeting the requirements of this chapter.

SKY GLOW: Shall mean luminance in the atmosphere caused by dust, water vapor, and other particles that reflect and scatter any stray lighting that is reflected or emitted into the atmosphere.

SLOPE: Shall mean degree of deviation of a surface from the horizontal, usually expressed in percent.

SMALL WIND ENERGY SYSTEM: Shall mean a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which as a rated capacity consistent what applicable provisions of the State Uniform Construction Code promulgated pursuant to the "State Uniform Construction Code Act" P.L. 1975, c. 217 (C. 52:27D-119 et seq.) and technical bulletins issued pursuant to Section 2 of P.L. 2009, c. 244 (C. 40:55D-66.13), and which will be used primarily for on-site consumption.

SOIL: Shall mean all unconsolidated mineral and organic matter of whatever origin that underlies bedrock and which can be readily excavated.

SOIL EROSION AND SEDIMENT CONTROL PLAN: Shall mean a plan which fully indicates necessary land treatment measures, including a schedule for the timing of their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.

SOLAR AND PHOTOVOLTAIC FACILITY: Shall mean a facility and all associated equipment that engages in the production of electric energy from solar or photovoltaic technologies.

SOLAR PANELS: Shall mean an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.

SPECIMEN TREE: Shall mean any of the following:

START OF CONSTRUCTION: Shall mean and include substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation.

STORMWATER DETENTION: Shall mean any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.

STORY: Shall mean that part of a building located between the surface of any floor and the floor or roof next above. The first story of a building is the lowest story having 50% or more of its area above grade level or having the floor at the level of the exterior grade on one or more sides. A 1/2 story is a story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor. Also see Basement, herein.

STREET: Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, County or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to the law, or (3) which is approved by official action as provided by this Act, or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. The specific classification for each street is shown on the "Street Classification Map," in the master plan and is hereby made a part of this chapter.[3]

STREET LINE: Shall mean the dividing line between the street and the lot. The street line shall be the same as the legal right-of-way; provided that where an ultimate right-of-way width for a road or street has been established in the adopted master plan or official map, that width shall determine the location of the street line.

STRIPPING: Shall mean any activity which removes or disturbs the vegetative surface cover including clearing and grubbing operations.

STRUCTURE: Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land, including gas and liquid storage tanks and mobile homes.

SUBDIVIDER: Shall mean any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder for himself or for another with the written consent of the owner according to the provisions of this chapter.

SUBDIVISION: Shall mean a division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:

SUBSTANTIAL ADDITIONS TO MOBILE HOME PARKS: Shall mean any repair, reconstruction, or improvement of an existing mobile home park or mobile home subdivision where such repair, reconstruction, or improvement of the streets, utilities and pads will equal or exceed 50% of the value of the streets, utilities and pads before the repair, reconstruction, or improvement is started.

SUBSTANTIAL IMPROVEMENTS: Shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration to a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

SUBSTANTIVE CERTIFICATION: Shall mean a determination made by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.

SWIMMING POOL: Shall mean:

TEMPORARY PROTECTION: Shall mean stabilization of erosive or sediment producing materials.

TOTAL BASAL AREA: Shall mean the area of a plane passed through the stem of a tree at right angles to its longitudinal axis and at a height of 4.5 feet above the ground. Because the area approximates a circle it can be computed from the following formula: ᴨr² here r equals 1/2 the diameter of the tree at 4.5 feet above the ground. Where a tree contains multiple stems, total basal area of the tree shall be the sum total of the basal area for each stem as calculated using the methodology set forth above.

TREE: Shall mean any woody plant having at least one stem greater than three inches in diameter at a point 4.5 feet above the natural ground surface and having a mature height of at least 20 feet.

TREE REMOVAL: Shall mean any action that results in the death or significant degradation of the health or vigor of a living tree including but are not limited to the following:

TREE REMOVAL APPLICATION: Shall mean the application form, as approved by the Township Committee, to be submitted by an applicant in connection with any proposed tree removal activity as described in this ordinance.

TREE REMOVAL APPLICATION FEE: Shall mean the fee, as approved by the Township Committee, to be collected with each tree removal application submitted to the Township of Union.

TREE REMOVAL PERMIT: Shall mean written authorization issued by the Union Township Zoning Officer authorizing the removal of a designated tree or trees identified in the applicant's tree removal permit application.

TREE REPLACEMENT PROCEDURES: Shall refer to the minimum standards set forth in this chapter regarding planting requirements for replacement trees and including but not limited to those set forth in Subsection d as well as those set forth as accepted nursery practices and/or recommended practices of the American Nursery and Landscape Association.

USE: Shall mean:

UTILITIES: Shall mean those services customarily rendered by public utility corporations, municipalities, or municipal authorities, in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles, and the like).

VARIANCE: Shall mean permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and subsections 29.2b, 57c and 57d. (C. 40:55D-40b., C. 40:55D-70c., C. 40:55D-70d.) of the Act.

VEGETATIVE PROTECTION: Shall mean stabilizations of erosive or sediment producing areas, by covering the soil with permanent seeding, producing long-term vegetative cover; short term seeding producing temporary vegetative cover; or sodding, producing areas covered with turf of perennial sod forming grass.

WATERCOURSE: Shall mean any natural or artificial waterway, stream, river, creek, ditch, channel, millrace, canal, conduit, culvert, drain, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed, and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow of floodwater.

WETLANDS: Shall mean areas known as marshes, swamps, or wetlands, including all areas with a slope of less than 0.5% or less and greater than 1/4 of an acre where standing water is retained for a portion of the year and unique vegetation has adapted to the area.

WIND ENERGY SYSTEM: Shall mean a wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

WIND GENERATOR: Shall mean equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanism.

WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE: Shall mean a facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic electrical energy produced from wind, solar or photovoltaic technologies, whether such a facility or structure is a principal use, a part of the principal use, or an accessory use or structure.

WIRELESS TELECOMMUNICATION TOWER: Shall mean a vertical structure designed to support wireless telecommunications antennas which may be of monopole or self-supporting or guyed lattice construction.

WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND: Shall mean a fenced-in area which houses wireless telecommunications buildings, antennas, equipment and/or towers.

WOODED LOT: Shall mean any area with more than 10 trees greater than six inches in caliper measured at a point four feet above grade on any 1/2 acre of a subdivided lot for single-family detached dwelling.

WOODLAND MANAGEMENT PLAN: Shall mean a written plan, prepared by a certified forester and in accordance with N.J.S.A. 54:4-23.3, that outlines proposed management of woodlands, forests and/or trees on a particular property.

WOODLANDS: Shall mean areas, groves, or stands or mature or largely mature trees (i.e. greater than six (6") inches caliper as measured at a point four and one-half (4.5') feet above grade) covering an area greater than one-quarter (1/4) acres; or groves of mature trees (greater than twelve (12") inches caliper as measured at a point four and one-half (4.5') feet above grade) consisting of more than ten (10) individual trees. Woodlands consist of three (3) different associations with can be determined by field survey in combination with air photo interpretation.

YARD: Shall mean:

ZONING OFFICIAL/OFFICER: Shall mean the Zoning Officer of the Township of Union, Hunterdon County.

ZONING PERMIT: Shall mean a document signed by the administrative officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (2) which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to Sections 47 and 57 (C. 40:55D-60, C. 40:55D-70) of the Act.

[1]

Editor's Note: Ordinance No. 2004-10 which added this definition to § 30-2 was adopted December 1, 2004.

[2]

Editor's Note: This chapter was adopted by Ord. No. 85-9 on December 11, 1985, and became effective pursuant to law.

[3]

Editor's Note: A copy of the Street Classification Map is on file in the Township Clerk's office.

§ 30-3 ESTABLISHMENT OF DISTRICTS.

§ 30-3.1 Establishment of Districts.

[Ord. No. 85-9, § 300; Ord. No. 2005-10, § I]

Union Township is hereby divided into districts of different types, each type being of such number, shape, kind, and area and of such common unity of purpose and adaptability of use that are deemed most suitable to carry out the objectives of this chapter and the Comprehensive Master Plan.

§ 30-3.2 Classes of Districts.

[Ord. No. 85-9, § 301; Ord. No. 86-8, § 1; Ord. No. 99-14, § 1A; Ord. No. 2000-11, § 2; Ord. No. 2005-10, § I]

For the purpose of this chapter, Union Township is hereby divided into districts which shall be designated as follows:

a.	WM District	Watershed Management.
b.	CM District	Conservation Management.
c.	AP-1 District	Agricultural Preservation 1.
d.	AP-2 District	Agricultural Preservation 2.
e.	CR District	Country Residential.
f.	VR District	Village Residential.
g.	RM District	Multi-Family Residential.
h.	VC District	Village Commercial.
i.	PC District	Planned Commercial.
j.	PO District	Professional Office.
k.	OR District	Office Research/Highway.
l.	Q District	Quarry.
m.	U District	Utilities.
n.	INS District	Institutional.
o.	P District	Parkland.
p.	MFO District [Added 12-19-2018 by Ord. No. 2018-14]	Multifamily Inclusionary Overlay.

§ 30-3.3 Zoning Districts Map.

[Ord. No. 85-9, § 1; Ord. No. 86-4, § 2; Ord. No. 86-5, § 1; Ord. No. 86-8, § 1; Ord. No. 87-13; Ord. No. 88-6, § 1; Ord. No. 90-2, § 2; Ord. No. 91-7, § 6; Ord. No. 2-94, § 1; Ord. No. 98-12, § 3; Ord. No. 99-14, § 1B; Ord. No. 2000-2, § 2; Ord. No. 2000-11, § 1; Ord. No. 2000-13, § 1; Ord. No. 2001-2, § 5; Ord. No. 2001-6, § 3; Ord. No. 2005-10, § I; Ord. No. 2006-6, § I.]

Zoning Map Adopted. Districts are bounded and defined as shown in the map entitled "Land Use Plan — Union Township, Hunterdon County, New Jersey," dated November 14, 2013, which accompanies and which, with all explanatory matters thereon, is hereby made a part of this chapter. The Zoning Map may be found at the end of this chapter.

[Ord. No. 2014-3 § 1]

Zoning Map Amendments.

Prior Zoning Map History: Prior to Ord. No. 2014-3, Zoning Map ordinances included the following:

§ 30-3.4 Interpretation of District Boundaries.

[Ord. No. 85-9, § 303; Ord. No. 2005-10, § I]

Whereby uncertainty exists with respect to the boundaries of the district as indicated on the Zoning Map, the following rules shall apply:

Where district boundaries are indicated as approximately coinciding with the centerlines of streets, highways, railroad lines, or streams, such centerlines shall be construed to be such boundaries.

Where district boundaries are so indicated that they approximately coincide with lot lines, such lot lines shall be construed to be the boundaries; or where district boundaries are extensions of lot lines or connect the intersections of lot lines, such lines shall be the district boundaries.

Where district boundaries are so indicated that they are approximately parallel to centerlines of streets or highways, such district boundaries shall be construed as being parallel thereto and at such distance from as indicated on the Zoning Map.

§ 30-3.5 Statement of Purpose and Intent for the Districts.

[Ord. No. 85-9, § 304; Ord. No. 86-8, § 1; Ord. No. 90-2, § 2; Ord. No. 99-14, § 1C; Ord. No. 2000-11, § 3; Ord. No. 2005-10, § I]

Watershed Management (WM). The Watershed Management District consists of a district within Union Township with limited development potential due to steep slopes, poor suitability for on-lot sewer systems, high soil erosion potential, and limited groundwater availability. For these reasons and because of the presence of threatened and endangered species, extensive forested areas, C-1 Category Streams and associated buffers and the proximity of these areas to the Spruce Run Reservoir, development is limited to single-family detached development on large lots (nine acres) for scattered-type development. It is also the intention of this district to make the intensity of development more consistent with the very low-density zoning permitted in abutting municipalities.

Conservation Management (CM). The Conservation Management District consists of districts within Union Township with limited development potential due to steep slopes, wetlands, C-1 Category streams and associated buffers, poor suitability for on-lot sewer systems, high soil erosion potential, and limited groundwater availability. For these reasons development is limited to single-family detached development on large lots 8.3 acres) for scattered-type development. Because these districts consist of mostly environmentally sensitive lands with limited development potential, it is also desirable for open space preservation and environmental protection.

Agricultural Preservation (AP-1 & AP-2). These districts are intended to protect and preserve areas of prime agricultural soils for continued agricultural and agriculturally oriented uses. These districts consist of the most agriculturally productive soils. Their loss cannot be readily compensated, since these soils are relatively scarce, particularly on the national level, and poorer soils require more capital energy and nutrients to provide equal productivity. For these reasons, land should not be converted from agricultural use to another zoning classification and uses are permitted in both use type and intensity which provide maximum opportunities for open space in order to insure the availability and protection of prime agricultural soils and soils of statewide importance. The Agricultural Preservation District has been modified into three separate areas, which are distinct due to ground water resources. The Agricultural Preservation District located north of Route 78 (AP-1 District) is intended for development at an equivalent density of one unit per four acres. The two Agricultural Preservation Districts located to the south of Route 78 (AP-2 Districts) are intended for development at an equivalent density of one unit per 8.3 acres.

Country Residential (CR). The Country Residential Districts are intended to protect districts of existing residential development and preserve areas of Union Township which are presently rural in character and use. The standards developed for the district are designed to permit limited infill development compatible with the existing rural residential development that has currently been built or in limited undeveloped areas where a higher suitability for groundwater availability and quality permit small development within this district.

Village Residential (VR). The Village Residential Districts are intended to provide design standards and use regulations for older village neighborhoods of Jutland, Norton and of Pattenburg that were built prior to the advent of municipal planning and zoning. In addition, these districts are also intended to allow for the expansion of moderate density village type development adjacent to the Village of Jutland north of Race Street and Perryville Road. Single-family detached dwelling units are permitted on medium to small sized lots which are in keeping with the character of the older villages. Wastewater management shall be provided in accordance with approved individual on-lot septic or community sewage disposal where medium density building or development is proposed. These districts are also located where there is a higher suitability for groundwater availability and quality. Consequently recommended densities are 0.606 acres per dwelling unit.

Multi-Family Residential (RM). The Multi-Family Residential Districts are intended to provide higher density development in areas adjacent to the built-up town of Clinton including the existing Union Gap Village Condominiums. Multi-family development will be permitted only with public water and sanitary sewer service and the inclusion of housing units affordable to low and moderate-income households.

Village Commercial (VC). In the Village Commercial Districts the intent is to provide for a small neighborhood commercial use on approximately 57 acres along the I-78 corridor and on 12 acres in the Village of Pattenburg, creating a community focal point for local services. Village-type commercial uses would be permitted. Because of the potential concentration of commercial activity, controls will be required to insure the design and coordination of building and parking arrangements, provide for safe access, pedestrian paths, adequate lighting consistent with the lighting ordinance, landscaping with extensive screening as well as building materials and details that are consistent with good design practices, design standards, and the rural/agricultural heritage of Union Township. Signage shall be minimized to preserve and protect the rural and agricultural environment of the Township as well as its scenic vistas.

Planned Commercial (PC). In the Planned Commercial District the intent is to provide reasonable standards for the orderly development of highway-oriented businesses and commercial uses along Route 173 north of I-78. Due to the nature of their activities, these uses must be appropriately located with adequate street frontage along Route 173 in order to be coordinated into an overall plan which avoids undue congestion of the highway. Because of the potential concentration of substantial retail activity, controls will be required to insure the design and coordination of building and parking arrangements, provide for safe access, pedestrian paths, adequate lighting consistent with the lighting ordinance, landscaping with extensive screening along Route 173 as well as building materials and details that are consistent with good design practices, design standards, and the rural/agricultural heritage of Union Township. Signage shall be minimized to preserve and protect the rural and agricultural environment of the Township as well as its scenic vistas.

Professional Office (PO). The Professional Office District is primarily intended to accommodate low intensity medical, professional, administrative, and government office uses on small to mid-sized sites near rural, country and other residential areas. The purposes of the Professional Office District is to provide areas wherein offices may be erected, maintained and used for persons engaged in business pursuits not involving the on-site sale of or handling of goods, wares, merchandise or commodities. These offices would be maintained for the conduct of professional, administrative and executive purposes of a recognized profession, such as accountants, insurance brokers, realtors, fiscal agents, engineers, architects, teachers, attorneys, and medical professionals. Because of the potential concentration of commercial activity, controls will be required to ensure the design and coordination of building and parking arrangements, provide for safe access, pedestrian paths, adequate lighting consistent with the lighting ordinance, landscaping with extensive screening along I- 78, route 173 and Frontage Road, as well as building materials and details that are consistent with good design practices, design standards, and the rural/agricultural heritage of Union Township. Signage shall be minimized to preserve and protect the rural and agricultural environment of the Township as well as its scenic vistas.

Office Research/Highway (OR). The intent of the Office Research/Highway District is to provide for office and research uses on large tracts of land, which will provide an employment center for the region while preserving and enhancing its open space characteristics and natural features. Orientation is along Interstate 78, Route 173 and Frontage Road and the interchanges to minimize a potential negative traffic impact upon the community. Design standards minimize diverse impacts and encourage high quality development. Because of the potential concentration of commercial activity, controls will be required to insure the design and coordination of building and parking arrangements, provide for safe access, pedestrian paths, adequate lighting consistent with the lighting ordinance, landscaping with extensive screening along I-78, Route 173 and Frontage Road as well as building materials and details that are consistent with good design practices, design standards, and the rural/agricultural heritage of Union Township. Signage shall be minimized to preserve and protect the rural and agricultural environment of the Township as well as its scenic vistas.

Quarry (Q). The intent of the Quarry Districts is to provide for safe and efficient quarrying operations and to set standards for their ultimate reclamation. Upon completion of such operation, including all reclamation, the municipality shall determine the feasibility of rezoning this district. Because of the impacts of quarrying activity(ies), controls will be required to insure the design and coordination of building and parking arrangements, provide for safe ingress and egress, adequate lighting consistent with the lighting ordinance, fencing, landscaping and extensive screening as well as good operating procedures that are consistent with good design and operating practices, design and operating standards, and the rural/agricultural heritage of Union Township. Signage shall be minimized to preserve and protect the rural and agricultural environment of the Township as well as its scenic vistas.

Utilities (U). The purpose of the Utilities District is to establish a district of the Township within which essential services and necessary regional and local utilities can be concentrated and to establish standards for location, maintenance, and buffering of electric transmission lines. By establishing such an area, the Township can protect the appearance of the community and avoid land use conflicts and environmental damage.

Institutional (INS). The purpose of the Institutional District is to recognize districts within the Township that are owned and managed by government entities. These districts include State, County and municipal parks and gamelands, and State institutions.

Parkland (P). The purpose of the Parkland District is to recognize the areas within the Township that are parkland, either owned by the State, County or the Township.

Multifamily Inclusionary Overlay (MFO): To address its affordable housing durational adjustment in accordance with the requirements of the Settlement Agreement entered on May 2, 2018, between Union Township and Fair Share Housing Center, the Township shall implement an Inclusionary Overlay Zone Ordinance that creates a realistic opportunity for housing that is affordable to low- and moderate-income households on the properties in the Township of Union known as the Foster Wheeler site (Block 13, Lot 7) and the Red Hills Quarry site (Block 22, Lots 28 and 30). This subsection establishes the Multifamily Inclusionary Overlay Zone - the MFO District -and permits multifamily and townhouse development on the properties identified above provided that such housing complies with a required 20% inclusionary set-aside requirement in for-sale development and 15% inclusionary set-aside requirement for rental development and with the requirements of this subsection. This subsection shall not take effect unless developers with interest in these sites obtain approval for sewer-service allocation to be used for residential purposes.

[Added 12-19-2018 by Ord. No. 2018-14]

§ 30-4 DISTRICT REGULATIONS. [1]

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 85-9, 86-4, 86-7, 86-8, 86-10, 86-11, 88-5, 88-11, 90-2, 91-7, 93-11, 94-9, 96-1, 96-22, 98-7, 98-12, 99-14, 2000-11 and 2003-18.

§ 30-4.1 Watershed Management District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 2; Ord. No. 2015-6 § 2]

In the WM Watershed Management District, the following regulations shall apply:

Use Regulations. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses, and no other, provided that such uses shall comply with such regulations as yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and other provisions as are specified in other sections herein.

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-3 Forestry.

(c)

A-6 Agricultural sales/farm stands.

(d)

B-1 Single-family detached residences.

(e)

B-9 Residential conversion.

(f)

B-11 Community residence.

(g)

C-5 Recreational facility.

(h)

H-1 Home occupation.

(i)

H-2 Residential accessory structure.

(j)

H-4 Accessory building.

(k)

H-5 Temporary structure.

(l)

H-6 Swimming pool.

(m)

H-9 Recreational vehicles.

(n)

H-10 Accessory use for agricultural purposes.

(o)

F-6 Renewable energy facility, accessory use.

Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with § 30-10, in addition to § 30-5, Use Regulations, of this chapter:

(a)

A-4 Riding Academy.

(1)

A maximum of one horse per two acres shall be permitted in the Watershed Management Area.

(b)

A-5 Kennel.

(c)

B-7 Single-Family Detached Cluster.

(d)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

Signs in accordance with § 30-8 shall be permitted.

Table of Performance Regulations. All regulations must be met. These regulations may be less strict than other performance standards in § 30-6, Environmental Performance Standards, but the strictest regulations shall govern.

Dwelling Type	Maximum Gross Density (DU/AC) (2)	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
WM Watershed Management
Single-Family Detached	0.09	—	0.03	9.0 acres	9.0 acres
Single-Family Detached Cluster	0.09	0.819	0.03	25	2.0 acres
Agricultural	0.09	—	0.05	9.0 acres	9.0 acres
Other Uses	0.09	—	0.03	9.0 acres	9.0 acres (1)

Footnotes:
(1)	Or otherwise as required for each specific use in § 30-5 herein, if they are greater.
(2)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Minimum Frontage (feet)	Maximum Building Height ⁽¹⁾	Minimum Yards (feet)
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Minimum Frontage (feet)	Maximum Building Height ⁽¹⁾	Front	Side	Rear
WM Watershed Management
Single-Family Detached	9.0 acres	350 feet	60	35 feet or 2 1/2 stories	100	100	100
Single-Family Detached Cluster	2.0 acres	150 feet	60	35 feet or 2 1/2 stories	75	35	100
Agricultural	9.0 acres	350 feet	60	35 feet or 2 1/2 stories	100	100	100
Other Uses	9.0 acres ⁽²⁾	350 feet	60	35 feet or 2 1/2 stories	100	100	100

Footnotes:
(1)	Whichever is less.
(2)	Or otherwise as required for each specific use in § 30-5 herein, if they are greater.

§ 30-4.2 Conservation Management District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 3; Ord. No. 2015-6 § 2]

In the CM Conservation Management District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the use regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-3 Forestry.

(c)

A-6 Agricultural sales/farm stands.

(d)

B-1 Single-family detached residences.

(e)

B-9 Residential conversion.

(f)

B-11 Community residence.

(g)

C-5 Recreational facility.

(h)

H-1 Home occupation.

(i)

H-2 Residential accessory structure.

(j)

H-4 Accessory building.

(k)

H-5 Temporary structure.

(l)

H-6 Swimming pool.

(m)

H-9 Recreational vehicles.

(n)

H-10 Accessory use for agricultural purposes.

(o)

H-11 Accessory apartment.

(p)

F-6 Renewable energy facility, accessory use.

Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with § 30-10 in addition to § 30-5, Use Regulations, of this chapter:

(a)

A-4 Riding Academy.

(1)

A maximum of one horse per two acres shall be permitted in the Conservation Management Districts.

(b)

A-5 Kennel.

(c)

B-7 Single-family detached cluster.

(d)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

(e)

E-12 Veterinary office or clinic.

Signs in accordance with § 30-8 shall be permitted.

Dwelling Type	Maximum Gross Density (DU/AC) ⁽²⁾	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
CM Conservation Management
Single-Family Detached	0.12	—	0.03	8.3 acres	8.3 acres
Single-Family Detached Cluster	0.12	0.819	0.03	25.0 acres	1.5 acres
Agricultural	0.12	—	0.05	8.3 acres	8.3 acres
Other Uses 3 acres ⁽¹⁾	0.12	—	0.03	8.3 acres	8.3 acres

Footnotes:
(1)	Or otherwise as required for each specific use in § 30-5 herein, if they are greater.
(2)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Minimum Frontage (feet)	Maximum Building Height ⁽¹⁾	Minimum Yards
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Minimum Frontage (feet)	Maximum Building Height ⁽¹⁾	Front	Side (feet)	Rear
CM Conservation Management
Single-Family Detached	8.3 acres	200 feet	60	35 feet or 2 1/2 stories	75	50	100
Single-Family Detached Cluster	1.5 acres	150 feet	60	35 feet or 2 1/2 stories	75	35	100
Agricultural	8.3 acres	300 feet	60	35 feet or 2 1/2 stories	75	50	100
Other Uses	8.3 acres	300 feet	60	35 feet or 2 1/2 stories	75	50	100

Footnotes:
(1)	Whichever is less.

§ 30-4.3 AP Agricultural Preservation Districts.

§ 30-4.3-1 Agricultural Preservation 1 District.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 4; Ord. No. 2015-6 § 2]

In the AP-1 Agricultural Preservation 1 District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-2 Intensive agriculture.

(c)

A-3 Forestry.

(d)

A-6 Agricultural sales/farm stands.

(e)

B-1 Single-family detached residences.

(f)

B-9 Residential conversion.

(g)

G-11 Community residence.

(h)

C-5 Recreational facility.

(i)

H-1 Home occupation.

(j)

H-2 Residential accessory structure.

(k)

H-4 Accessory building.

(l)

H-5 Temporary structure.

(m)

H-6 Swimming pool.

(n)

H-9 Recreational vehicles.

(o)

H-10 Accessory use for agricultural purposes.

(p)

H-11 Accessory apartments.

(q)

F-6 Renewable energy facility, accessory use.

(a)

A-4 Riding Academy.

(1)

A maximum of one horse per two acres shall be permitted in the Agricultural Preservation Districts.

(b)

A-5 Kennel.

(c)

B-7 Single-family detached cluster.

(d)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

(e)

E-12 Veterinary office or clinic.

Signs in accordance with § 30-8 shall be permitted.

Dwelling Type	Maximum Gross Density (DU/AC) ⁽⁵⁾	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
AP-1 Agricultural Preservation 1
Single-Family Detached	0.12	—	0.03	8.3 acres	1.5 acres ⁽¹⁾
Single-Family Detached Cluster	0.12	0.819	0.03	27 acres	30,000 square feet ⁽²⁾ 1.5 acres ⁽³⁾
Agricultural	0.12	—	0.05	6 acres	6 acres
Other Uses	0.12	—	0.03	10 acres	10 acres ⁽⁴⁾

Footnotes:
(1)	For each 1.5 acre lot created, 6.8 acres of remaining land shall be permanently deed restricted from non-agricultural uses.
(2)	Net buildable portion of the lot for the purposes of defining minimum lot area.
(3)	Total fee simple portion of the lot including conservation open space.
(4)	Or otherwise as required for each specific use in § 30-5 herein.
(5)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Minimum Yards (feet)			Minimum Distance Between Buildings
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Front	Side	Rear	Minimum Distance Between Buildings
AP-1 Agricultural Preservation 1
Single-Family Detached	1.5 acres	200 feet	35 feet or 2 1/2 stories	70	35	100	—
Single-Family Detached Cluster	30,000 square feet ⁽²⁾ 1.5 acres ⁽³⁾	125 feet	35 feet or 2 1/2 stories	50	25	50	50 feet
Agricultural Uses	6 acres	200 feet	35 feet or 2 1/2 stories	75	50	100	—
Other Uses	10 acres	200 feet	35 feet or 2 1/2 stories	75	50	100	—

Footnotes:
(1)	Whichever is less.
(2)	Net buildable portion of the lot for the purposes of defining minimum lot area.
(3)	Total fee simple portion of the lot including conservation open space.
The remainder of the AP Agricultural Preservation District south of I-78 shall be the AP-2 Agricultural Preservation 2 District.

§ 30-4.3-2 Agricultural Preservation 2 District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 5; Ord. No. 2015-6 § 2]

In the AP-2 Agricultural Preservation 2 District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-2 Intensive agriculture.

(c)

A-3 Forestry.

(d)

A-6 Agricultural sales/farm stands.

(e)

B-1 Single-family detached residences.

(f)

B-9 Residential conversion.

(g)

B-11 Community residence.

(h)

C-5 Recreational facility.

(i)

H-1 Home occupation.

(j)

H-2 Residential accessory structure.

(k)

H-4 Accessory building.

(l)

H-5 Temporary structure.

(m)

H-6 Swimming pool.

(n)

H-9 Recreational vehicles.

(o)

H-10 Accessory use for agricultural purposes.

(p)

H-11 Accessory apartments.

(q)

F-6 Renewable energy facility, accessory use.

(a)

A-4 Riding academy.

(b)

A-5 Kennel.

(c)

B-7 Single-family detached cluster.

(d)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

(e)

E-12 Veterinary office or clinic.

Signs in accordance with § 30-8 shall be permitted.

Dwelling Type	Maximum Gross Density (DU/AC) ⁽³⁾	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
AP-2 Agricultural Preservation 2
Single-Family Detached	0.12	—	0.03	8.3 acres	1.5 acres⁽¹⁾
Single-Family Detached Cluster	0.12	0.819	0.03	27 acres	30,000 square feet ⁽⁴⁾1.5 acres ⁽⁵⁾
Agricultural	0.12	—	0.05	6 acres	6 acres
Other Uses	0.12	—	0.03	10 acres	10 acres ⁽²⁾

Footnotes:
(1)	For each 1.5 acre lot created, 6.8 acres of remaining land shall be permanently deed restricted from non-agricultural uses.
(2)	Or otherwise as required for each specific use in § 30-5 herein.
(3)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.
(4)	Net buildable portion of the lot for the purposes of defining minimum lot area.
(5)	Total fee simple portion of the lot including conservation open space.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Minimum Yards (feet)			Minimum Distance Between Buildings
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Front	Side	Rear	Minimum Distance Between Buildings
AP-2 Agricultural Preservation 2
Single-Family Detached	1.5 acres	200 feet	35 feet or 2 1/2 stories	70	35	100	—
Single-Family Detached Cluster	30,000 square feet (2) 1.5 acres ⁽³⁾	125 feet	35 feet or 2 1/2 stories	50	25	50	50 feet
Agricultural Uses	6 acres	200 feet	35 feet or 2 1/2 stories	75	50	100	—
Other Uses	10 acres	200 feet	35 feet or 2 1/2 stories	75	50	100	—

Footnotes:
(1)	Whichever is less.
(2)	Net buildable portion of the lot for the purposes of defining minimum lot area.
(3)	Total fee simple portion of the lot including conservation open space.

§ 30-4.4 Country Residential District.

[Ord. No. 2006-4, § I; Ord. No. 2006-6, § II; Ord. No. 2011-10, § 6; Ord. No. 2015-6 § 2]

In the CR Country Residential District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-3 Forestry.

(c)

A-6 Agricultural sales/farm stands.

(d)

B-1 Single-family detached residences.

(e)

B-7 Single-family detached cluster.

(f)

B-11 Community residence.

(g)

C-4 Library or museum.

(h)

C-5 Recreational facility.

(i)

H-1 Home occupation.

(j)

H-2 Residential accessory structure.

(k)

H-4 Accessory building.

(l)

H-5 Temporary structure.

(m)

H-6 Swimming pool.

(n)

H-9 Recreational vehicles.

(o)

H-11 Accessory apartment.

(p)

B-12 Continuing care facilities.

(q)

F-6 Renewable energy facility, accessory use.

[Ord. No. 2015-6, § 2]

(a)

B-9 Residential conversion.

(b)

C-2 School.

(c)

C-8 Private club.

(d)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

Signs in accordance with § 30-8 shall be permitted.

Table of Performance Regulations. These regulations below may be less strict than the performance standards in § 30-6, Environmental Performance Standards; however, where the environmental performance standards in § 30-6 are more strict than the standards in this subsection, the environmental protection standards in § 30-6 shall apply.

Dwelling Type	Maximum Gross Density (DU/AC)⁽²⁾	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
CR Country Residential District
Single-Family Detached	0.44	—	0.10	2 acres	2 acres
Single-Family Detached Cluster	0.44	0.24	0.15	15 acres	1.5 acres
Other Uses	0.44	—	0.35	5 acres	5 acres ⁽¹⁾

Footnotes:
(1)	Or otherwise as required for each specific use in § 30-5 herein.
(2)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Minimum Yards (feet)
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Front	Side	Rear
CR District
Single-Family Detached	2 acres	200	35 feet or 2 1/2 stories	75	35	100
Single-Family Detached Cluster	1.5 acres	150	35 feet or 2 1/2 stories	75	35	100
Other Uses	5 acres	200(2)	35 feet or 2 1/2 stories	100	50	100

Footnotes:
(1)	Whichever is less.
(2)	Other uses shall not be required to meet the frontage requirements of this table provided that (a) the tract upon which the use is to be located has at least 50 feet of frontage on a public road with appropriate site distance easements for the public street as provided in § 30-22; and (b) total area of the lot exclusive of the frontage strip providing access exceeds 5 acres in size. Also, (c) the access drive shall be constructed in accordance with the provisions of § 30-22 for residential collector streets, however, the pavement width shall not be less than 24 feet with no parking permitted on the cartway.

§ 30-4.5 Village Residential District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 7; Ord. No. 2015-6 §§ 2, 3]

In the VR Village Residential District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-3 Forestry.

(c)

A-6 Agricultural sales/farm stands.

(d)

B-1 Single-family detached residences.

(e)

(Reserved)[1]

[1]

Editor's Note: Former Subsection a1(e), B-2 Twin house, was repealed 12-19-2018 by Ord. No. 2018-13 and 7-17-2019 by Ord. No. 2019-9.

(f)

B-3 Duplex.

(g)

B-7 Single-family detached cluster.

(h)

B-10 Age restricted housing.

(i)

B-11 Community residence.

(j)

B-12 Continuing care facility.

(k)

C-4 Library or museum.

(l)

C-5 Recreational facility.

(m)

C-7 Golf course.

(n)

C-9 Community center.

(o)

C-11 Nursing home.

(p)

C-13 Municipal building.

(q)

H-1 Home occupation.

(r)

H-2 Residential accessory structure.

(s)

H-4 Accessory building.

(t)

H-5 Temporary structure.

(u)

H-6 Swimming pool.

(v)

H-9 Recreational vehicles.

(w)

H-11 Accessory apartment.

(x)

F-6 Renewable energy facility, accessory use.

(a)

C-1 Place of worship.

(b)

C-2 School.

(c)

C-3 Commercial school.

(d)

C-8 Private club.

(e)

C-10 Child care center.

(f)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

(g)

E-10 Tavern.

(h)

F-2 Emergency services.

(i)

H-3 Boarding.

Signs in accordance with § 30-8 shall be permitted.

Table of Performance Regulations. All regulations must be met. These regulations below may be less strict than the performance standards in § 30-6, Environmental Performance Standards; however, where the environmental performance standards in § 30-6 are more strict than the standards in this subsection, the environmental protection standards in § 30-6 shall govern:

Dwelling Type	Maximum Gross Density (DU/AC) ⁽³⁾	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
VR Village Residential District
Single-Family Detached	0.5	—	0.03(4)	2 acres	2 acres⁽⁵⁾
Single-Family Detached Cluster	0.6	0.25	0.25	15 acres	1.5 acres
Other Residential Uses ⁽¹⁾⁽⁶⁾	1.65⁽⁶⁾	—	0.25⁽⁶⁾	4,500 square feet⁽⁶⁾	4,500 square feet ⁽²⁾⁽⁶⁾
Other Uses	—	—	0.15	5 acres	5 acres ⁽²⁾

Footnotes:
(1)	See § 30-6.5a3 regarding common wastewater disposal systems on lots smaller than 1.5 acres.
(2)	Or otherwise as required for each specific use in § 30-5 herein.
(3)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.
(4)	Maximum impervious surface ratio of 0.03 or maximum impervious surface coverage of up to 2614 square feet as permitted within the setbacks, whichever is greater, for lots lawfully existing as of January 1, 2015. [Ord. No. 2015-06 § 3]
(5)	Single-family dwellings shall be allowed on all lots designed for B-2 Twin Houses and approved by the Planning Board before July 1, 2019, provided that no more than 74 such lots shall be permitted. [Added 6-5-2019 by Ord. No. 2019-7; amended 7-17-2019 by Ord. No. 2019-9]
(6)	Minimum lot area of 5,500 square feet permitted for lots approved by the Planning Board before July 1, 2019. Single-family detached dwellings shall be permitted, by right, on lots that were designed to meet the Other Residential Uses Performance Regulations, approved by the Planning Board and undeveloped as of July 1, 2019, provided that no more than 74 such lots shall be permitted. [Added 7-17-2019 by Ord. No. 2019-9]

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height (feet) ⁽¹⁾	Floor Area Ratio	Minimum Yards (feet)			Minimum Distance Between Buildings
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Height (feet) ⁽¹⁾	Floor Area Ratio	Front	Side	Rear	Minimum Distance Between Buildings
VR District
Single-Family Detached	2 acres⁽²⁾	125 feet⁽²⁾	35 feet or 2 1/2 stories		25⁽²⁾	20⁽²⁾	60⁽²⁾	30 feet⁽²⁾
Single-Family Detached Cluster	1.5 acres	110 feet	35 feet or 2 1/2 stories		20	15	40	30 feet
Other Residential Uses⁽³⁾	4,500 square feet⁽³⁾	45 feet⁽³⁾	35 feet or 2 1/2 stories		25⁽³⁾	10⁽³⁾	25⁽³⁾	20 feet⁽³⁾
Other Uses	5 acres	150 feet	35 feet or 2 1/2 stories	0.125	50	25	50	—

Footnotes
(1)	Whichever is less.
(2)	Minimum lot area of 6,100 square feet, minimum lot width of 45 feet, minimum front and rear yards of 25 feet, minimum side yards of five feet, 15 feet combined, and minimum distance between buildings of 15 feet permitted for lots approved by the Planning Board before July 1, 2019. Single-family dwellings shall be allowed on all lots designed for B-2 Twin Houses and approved by the Planning Board before July 1, 2019, provided that no more than 74 such lots shall be permitted. [Added 6-5-2019 by Ord. No. 2019-7; amended 7-17-2019 by Ord. No. 2019-9]
(3)	Minimum lot area of 5,500 square feet, minimum lot width of 45 feet, minimum front yard of 25 feet, minimum rear yard of 25 feet, minimum side yard of five feet, 15 feet combined, and minimum distance between buildings of 15 feet permitted for lots approved by the Planning Board before July 1, 2019. Single-family detached dwellings shall be a permitted use by right on all lots designed as "other residential uses," approved by the Planning Board and undeveloped as of July 1, 2019, provided that no more than 74 such lots shall be permitted. The minimum width of a single-family detached dwelling shall be 32.5 feet, as measured from the exterior walls. The single-family detached dwellings shall be treated as "other residential uses" in every other aspect pertaining to the Union Township Municipal Code. In the event a regulation for a single-family detached building and/or use is more restrictive than that of the other residential use, the other residential use shall apply. [Added 7-17-2019 by Ord. No. 2019-9]

§ 30-4.6 Multi-Family Residential District.

[Ord. No. 2015-6 § 2]

In the RM Multi-Family Residential District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:

(a)

A-1 Agriculture and horticulture.

(b)

A-3 Forestry.

(c)

A-6 Agricultural sales/farm stands.

(d)

B-1 Single-family detached residences.

(e)

B-2 Twin house.

(f)

B-3 Duplex.

(g)

B-4 Townhouse duplex.

(h)

B-5 Townhouse.

(i)

B-6 Multiplex.

(j)

B-7 Single-family detached cluster.

(k)

B-8 Performance subdivision.

(l)

B-9 Residential conversion.

(m)

B-10 Age Restricted housing.

(n)

B-11 Community residence.

(o)

B-12 Continuing care facilities.

(p)

C-5 Recreational facility.

(q)

C-9 Community center.

(r)

C-10 Child care center.

(s)

C-11 Nursing home.

(t)

F-2 Emergency services.

(u)

H-1 Home occupation.

(v)

H-2 Residential accessory structure.

(w)

H-3 Boarding.

(x)

H-5 Temporary structure.

(y)

H-6 Swimming pool.

(z)

H-11 Accessory apartment.

(aa)

F-6 Renewable energy facility, accessory use.

Uses by Conditional Approval. None.

Signs, in accordance with § 30-8, shall be permitted.

Table of Performance Regulations. The regulations below may be less strict than the performance standards in § 30-6, Environmental Performance Standards, however, where the environmental performance standards in § 30-6 are more strict than the standards in this subsection, the environmental protection standards in § 30-6 shall apply.

Dwelling Type	Maximum Gross Density (DU/AC)⁽³⁾	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
RM District
Single-Family Detached Without sewer and water	0.6	—	0.03	1.5 acres	1.5 acres
Other Uses	—	—	0.15	2 acres	2 acres
Performance Subdivision:	6-8⁽¹⁾	⁽¹⁾	⁽¹⁾	⁽¹⁾	⁽¹⁾
Percentage of Units for Low and Moderate Income Housing Within an Inclusionary Development
10.0%	6	0.10	0.60	3 acres	⁽²⁾
12.5%	7	0.10	0.60	3 acres	⁽²⁾
15.0%	8	0.10	0.60	3 acres	⁽²⁾

Footnotes:
(1)	The performance subdivision is permitted by conditional use to permit for low and moderate-income housing. (See § 30-10, Conditional Uses.) The following provisions shall apply according to the percentage of low and moderate-income units proposed.
(2)	See Subsection c below, Table of Area and Dimensional Requirements.
(3)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area Per Dwelling ⁽⁴⁾	Minimum Lot Width (feet)	Maximum Building Height (feet)	Floor Area Ratio	Minimum Yards (feet)			Minimum Distance Between Buildings (feet)
Dwelling Type	Minimum Lot Area Per Dwelling ⁽⁴⁾	Minimum Lot Width (feet)	Maximum Building Height (feet)	Floor Area Ratio	Front	Side	Rear	Minimum Distance Between Buildings (feet)
Performance Subdivision
Single-Family Detached	9,000 square feet	50	35 feet or 2 1/2 stories		30	15	30	35
Twin House	4,500 square feet	45	35 feet or 2 1/2 stories		25	10⁽¹⁾	25	20
Town House	2,500 square feet	24	35 feet or 2 1/2 stories		20	10⁽²⁾	30	30
Town House Duplex	2,000 square feet	24	35 feet or 2 1/2 stories		20	10⁽²⁾	30	30
Multiplex	2,500 square feet (3)	30	35 feet or 2 1/2 stories		25	20⁽²⁾	30	40
Other Uses	2 acres	100	35 feet or 2 1/2 stories	0.10	50	25	50	—

Footnotes:
(1)	Only one side yard shall be required.
(2)	At the ends of semi-detached or attached buildings.
(3)	Equals the minimum lot area per dwelling unit, provided the minimum lot area per building shall be 9,000 square feet.
(4)	See § 30-6.5a3 regarding common wastewater disposal systems on lots smaller than 1.5 acres.

Additional Requirements for Performance Subdivisions Constructed as Inclusionary Developments.

Any developer submitting an application for inclusionary development shall submit a plan for resale or rental controls to insure that the low and moderate income units remain affordable to low and moderate income households for at least 20 years. Such plan shall contain all the provisions set forth in this paragraph as well as conform to any regulations or guidelines adopted by the Township or any governmental agency of the Township.

Housing unit pricing information shall be submitted to the Union Township Planning Board as part of the preliminary plan application. The Township Committee shall be the agent responsible for assuring that low and moderate income housing units constructed as part of an inclusionary development remain affordable to low and moderate income households, unless the Township enters into an agreement with a nonprofit agency or other governmental unit to take this responsibility.

To the greatest extent practicable, the average price of low and moderate income units shall be affordable to households with an annual income equal to 57.5% of the regional median income. Allowable housing expenses shall be equal to no more than 28% of qualified income for purchased housing, after a 10% down payment, and 30% of qualified income for rental housing.

50% of the affordable units shall be priced for low income households and 50% for moderate income households. The schedule below specifies the breakdown of income groups within the low income group and moderate income group. Households eligible for low income units shall have incomes below 50% of the regional median income. Households eligible for moderate income units shall have incomes between 50% and 80% of the regional median income.

To the greatest extent possible, the range of affordability shall conform to the following schedule for every 20 low and moderate income units. Regional median income shall be based on the current income levels established for Hunterdon County by the Council on Affordable Housing.

(a)

One unit for households whose incomes are between 40% and 42.5% of the regional median income (low income).

(b)

Two units for households whose incomes are between 42.6% and 47.5% of the regional median income (low income).

(c)

Three units for households whose incomes are between 47.6% and 50% of the regional median income (low income).

(d)

Four units for households whose incomes are between 57.6% and 64.5% of the regional median income (moderate income).

(e)

Five units for households whose incomes are between 64.6% and 68.5% of the regional median income (moderate income).

(f)

Six units for households whose incomes are between 68.6% and 72.5% of the regional median income (moderate income).

(g)

Seven units for households whose incomes are between 72.6% and 77.5% of the regional median income (moderate income).

(h)

Eight units for households whose incomes are between 77.6% and 80% of the regional median income (moderate income).

At least 35% of all low and moderate income units shall be two bedroom units. At least 15% of the low and moderate income housing units shall be three bedroom units. No more than 20% may be efficiencies. For the purpose of assuring affordability of housing units to low and moderate income households of varying sizes, it shall be assumed that housing units of different sizes will be occupied by households of the sizes listed below:

(a)	Efficiency	one person.
(b)	One bedroom	two persons.
(c)	Two bedrooms	three persons.
(d)	Three bedrooms	five persons.

Resale controls shall be embodied in a deed restriction on the property that shall be submitted by the applicant at the time of preliminary plan approval and shall be subject to the approval by the Township.

The Planning Board or its designated agency annually may allow for increases in the price of owner occupied units and in the rents of affordable rental units based on the percentage increase in median income for the housing region in which Union Township is located, as set or approved by the Council on Affordable Housing.

When establishing rent levels for re-rentals, the Planning Board or other designated agency shall take into account whether a rent increase would raise the rent beyond an affordable level. If the use of the median income figures to raise allowable rent levels renders the unit unaffordable to low or moderate income households, the Township shall not lose credit for this unit with the Council on Affordable Housing so long as the affordability controls remain in place.

When establishing sales price for resale of the low income units, the Planning Board or other designated agency shall assure that the units remain affordable to low income households, if they were initially low income units, and for moderate income households, if they were initially moderate income units, and shall limit price increases to the percentage increase in the median household income in the region in which Union Township is located or in such manner as will assure continued availability of the units to low or moderate income households and a fair return to the homeowner. If use of the median income figures to raise allowable resale levels renders the unit unaffordable to low or moderate income households, the Township shall not lose credit for this unit with the Council on Affordable Housing so long as the affordability controls remain in place.

10.

The Planning Board or its designated agency may grant exceptions to the sales and rent ceilings established when extraordinary circumstances make such a ceiling impractical or otherwise inappropriate.

11.

Procedure for Resale. Persons wishing to sell affordable units shall notify the Planning Board or its designated agency of the intent to sell. If no eligible buyer enters a contract of sale for the unit within 90 days of notification, the Planning Board or its designated agency shall have the option to purchase the unit for the maximum price permitted based on the regional increase in median income as defined by the Council on Affordable Housing. If the Township does not purchase the unit, the seller may apply for permission to offer the unit to a noneligible household at the maximum price permitted.

The seller shall document efforts to sell the unit to an income eligible household as part of this application. If the request is granted, the seller may offer low income housing units to moderate income households and moderate income housing units to households earning in excess of 80% of regional median income. In no case shall the seller be permitted to receive more than the maximum permitted price and such a sale shall not eliminate the resale controls on the unit or permit subsequent sellers to convey the unit except in full compliance with this section.

12.

Owners of single-family owner occupied housing may be able to apply to the Planning Board or its designated agency for permission to increase the maximum price for eligible capital improvements, which are those that render the unit suitable for a larger household. However, the maximum price shall not exceed the limits of affordability for the larger household size, based upon income limits by household size established by the Council on Affordable Housing for the region in which Union Township is located.

13.

Foreclosure Regulations. A judgment of foreclosure or a deed in lieu of foreclosure on a low or moderate income unit by a financial institution regulated by State and/or Federal law shall extinguish controls on affordable housing units provided that the owner of the affordable housing unit shall be personally obligated to pay the Township Planning Board or its designated agency, any surplus funds, but only to the extent that such surplus funds exceed the difference between the maximum price permitted at the time of foreclosure and the amount necessary to redeem the debt to the financial institution including costs of foreclosure.

Notice of foreclosure shall allow the Planning Board or its designated agency to purchase the affordable housing unit at the maximum permitted sale price. Failure of the Board or its designee to purchase the affordable housing unit shall result in the Council on Affordable Housing adding the unit to the municipal fair share obligation.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 8; Ord. No. 2015-6 § 2]

§ 30-4.7 Institutional District.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 9; Ord. No. 2015-6 § 2]

In the IN Institutional District, the following regulations shall apply:

Use Regulations. A building may be erected or altered to be used either in whole or in part, and a lot may be used or occupied for any of the following uses, and no other, provided that such uses shall comply with such regulations as yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and other provisions as are specified in other sections herein.

Uses by Right. Any of the following uses shall be permitted provided the use regulations, § 30-5 of this chapter, have also been met:

(a)

A-3 Forestry.

(b)

B-11 Community residence.

(c)

B-12 Continuing care facility.

(d)

C-2 School.

(e)

C-4 Library or museum.

(f)

C-5 Recreational facility.

(g)

C-6 Athletic facility.

(h)

C-14 Correctional institution.

(i)

C-15 State police barracks.

(j)

D-2 Medical clinic.

(k)

F-1 Utility operating facility.

(l)

F-2 Emergency services.

(m)

F-4 Essential services.

(n)

H-4 Accessory building.

(o)

H-5 Temporary structure.

(p)

H-6 Swimming pool.

(q)

H-9 Recreational vehicles.

(r)

F-6 Renewable energy facility, accessory use.

Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with § 30-10 in addition to § 30-5, Use Regulations, of this chapter:

(a)

H-11 Accessory apartments.

(1)

Accessory apartments shall be allowed where such a unit will meet the existing requirements of COAH and, if it is not a qualified COAH unit, it shall not be permitted.

(b)

F-6 Renewable energy facility, conditional use.

Signs, in accordance with § 30-8, shall be permitted.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

All Residential Uses: All residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, subsections 30-4.2b and c.

All Nonresidential Uses:

Dwelling Type	Minimum Lot Size ⁽¹⁾	Minimum Lot Width	Maximum Impervious Surface Ratio	Floor Area Ratio ⁽²⁾	Minimum Yards (feet)
Dwelling Type	Minimum Lot Size ⁽¹⁾	Minimum Lot Width	Maximum Impervious Surface Ratio	Floor Area Ratio ⁽²⁾	Front	Side (each)	Rear
IN District
All Permitted Uses	25 ac.	300 feet	0.25	0.10	100	100	100

Footnotes:
(1)	Or otherwise as required for each specific use in § 30-5 herein.
(2)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

§ 30-4.8 Village Commercial District.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 10; Ord. No. 2015-6 § 2]

In the VC Village Commercial District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the use regulations, § 30-5 of this chapter, have also been met:

(a)

B-11 Community residence.

(b)

B-12 Continuing care facility.

(c)

C-1 Place of worship.

(d)

C-6 Athletic facility.

(e)

C-10 Child care center.

(f)

C-11 Nursing home.

(g)

D-1 Professional services.

D-2 Medical clinic.

D-3 Office.

E-1 Retail shop.

E-2 Service business.

(l)

E-3 Financial establishment.

E-4 Eating place.

E-5 Repair shop.

E-9 Entertainment.

E-11 Convenience shopping.

(q)

E-15 Electronic publishing.

(r)

F-2 Emergency services.

(s)

G-1 Trades.

(t)

H-1 Home occupation.

(u)

H-4 Accessory building.

(v)

H-5 Temporary structures.

(w)

H-8 Dwelling in combination with a business.

(x)

F-6 Renewable energy facility, accessory use.

(a)

A-4 Riding academy.

(b)

A-5 Kennel.

(c)

A-6 Agricultural sales/farm stand.

(d)

C-3 Commercial school.

(e)

E-6 Hotel.

(f)

E-7 Inn.

(g)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

(h)

E-10 Tavern.

(i)

E-12 Veterinary office or clinic.

(j)

E-13 Farmer's market.

(k)

F-1 Utility operating facility.

(l)

F-5 Wireless telecommunication antennas, equipment and/or towers.

(m)

F-6 Renewable energy facility, conditional use.

Signs, in accordance with § 30-8, shall be permitted.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Dwelling Type	Minimum Lot Area	Maximum Gross Density (DU/AC) ⁽¹⁾	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height⁽²⁾	Floor Area Ratio ⁽¹⁾	Minimum Yards (feet)
								Front	Side (each)	Rear
VC District
All Uses	2 ac.	0.5	150	0.06	0.20	35 feet or 2 1/2 stories	0.125	50	25	50

Footnotes:
(1)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.
(2)	Whichever is less.

§ 30-4.9 Planned Commercial District.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 11; Ord. No. 2015-6 § 2]

In the PC Planned Commercial District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5 of this chapter, have also been met:

(a)

A-5 Kennel.

(b)

A-6 Agricultural sales/farm stands.

(c)

B-11 Community residence.

(d)

C-1 Place of worship.

(e)

C-3 Commercial school.

(f)

C-5 Recreational facility.

(g)

C-6 Athletic facility.

(h)

C-8 Private club.

(i)

C-9 Community center.

(j)

C-10 Child care center.

(k)

C-11 Nursing home.

(l)

D-1 Professional services.

D-2 Medical clinic.

D-3 Office.

D-4 Research.

E-1 Retail shop.

E-2 Service business.

(r)

E-3 Financial establishment.

E-4 Eating place.

E-5 Repair shop.

E-6 Hotel.

E-7 Inn.

E-9 Entertainment.

E-10 Tavern.

E-11 Convenience shopping.

(z)

E-12 Veterinary office or clinic.

(aa)

E-13 Farmer's market.

(bb)

E-14 Fabrication and light assembly.

(cc)

E-15 Electronic publishing.

(dd)

F-2 Emergency services.

(ee)

G-1 Contracting/trades.

(ff)

H-4 Accessory building.

(gg)

H-5 Temporary structures.

(hh)

H-8 Dwelling in combination with a business.

(ii)

H-11 Accessory apartments.

(jj)

F-6 Renewable energy facility, accessory use.

[Ord. No. 2015-6 § 2]

(a)

A-4 Riding academy.

(b)

E-8 Bed and Breakfast.

(1)

Bed and breakfast uses will be permitted in existing historic houses.

(c)

F-5 Wireless telecommunication antennas and towers.

Signs, in accordance with § 30-8, shall be permitted.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

All Residential Uses. All residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, subsections 30-4.2b and c.

All Nonresidential Uses:

Accessory Uses. All accessory buildings shall be located in conformance with setback, side yard, and rear yard requirements.

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height ⁽¹⁾	Floor Area Ratio ⁽²⁾	Minimum Yards (feet)
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height ⁽¹⁾	Floor Area Ratio ⁽²⁾	Front	Side (each)	Rear
PC District
Hotel	10 ac.	400	0.15	0.25	35 feet or 2 stories	0.30	100	75	100
Other Commercial uses	2 ac.	150	0.06	0.20	35 feet or 2 stories	0.125	50	25	75

Footnotes:
(1)	Whichever is less.
(2)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

Special Regulations.

No permanent storage of merchandise, articles, vending machines, equipment, etc., shall be permitted outside the building.

Temporary sale of merchandise in front of the premises may be permitted only as a seasonal sale or seasonal sidewalk sale.

§ 30-4.10 Office Research District.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 12; Ord. No. 2015-6 § 2]

In the OR Office Research District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5 of this chapter, have also been met:

(a)

B-11 Community residences.

(b)

D-1 Professional services.

D-2 Medical clinic.

D-3 Office.

D-4 Research.

H-4 Accessory building.

(g)

H-5 Temporary structure.

(h)

F-6 Renewable energy facility, accessory use.

(a)

E-2 Service business.

(b)

F-5 Wireless telecommunications antennas and towers.

(c)

F-6 Renewable energy facility, conditional use.

Signs, in accordance with § 30-8, shall be permitted.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

All Residential Uses: All residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, subsections 30-4.2b and c.

All Nonresidential Uses:

Dwelling Type	Minimum Lot Size	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height	Minimum Yards (feet)			Floor Area Ratio ⁽¹⁾	Minimum Distance Between Buildings
Dwelling Type	Minimum Lot Size	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height	Front	Side	Rear	Floor Area Ratio ⁽¹⁾	Minimum Distance Between Buildings
OR District
All Nonresidential uses	100 ac.	1,000 feet	0.25	0.50	45 feet	200	200	200	0.25	100 feet

Footnotes:
(1)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

§ 30-4.11 Professional Office District.

[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 13; Ord. No. 2015-6 § 2]

In the PO Professional Office District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5 of this chapter, have also been met:

(a)

B-11 Community residences.

(b)

D-1 Professional services.

D-2 Medical clinic.

D-3 Office.

D-4 Research.

E-2 Service business.

(g)

E-3 Financial establishment.

(h)

E-12 Veterinary office or clinic.

(i)

E-15 Electronic publishing.

(j)

H-4 Accessory building.

(k)

H-5 Temporary structures.

(l)

F-6 Renewable energy facility, accessory use.

(a)

E-4 Eating places will be allowed within a Professional Office District building which provides for the sale of food to occupants and patrons of the building and the hours of operation shall be consistent with the principal use.

(b)

E-11 Convenience shopping will only be allowed within a Professional Office District building to occupants and patrons of the building and the hours of operation shall be consistent with the principal use.

Signs, in accordance with § 30-8, shall be permitted.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply.

All Residential Uses: All residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, subsections 30-4.2b and c.

All Nonresidential Uses:

Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Impervious Surface Ratio	Maximum Building Height ⁽²⁾	Floor Area Ratio ⁽¹⁾	Minimum Yards (feet)
Dwelling Type	Minimum Lot Area	Minimum Lot Width	Maximum Impervious Surface Ratio	Maximum Building Height ⁽²⁾	Floor Area Ratio ⁽¹⁾	Front	Side	Rear
PO District
All Nonresidential Uses	2 ac.	150	0.25	35 feet or 2 stories	0.125	50	25	75

Footnotes:
(1)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.
(2)	Whichever is less.

§ 30-4.12 (Reserved)

§ 30-4.13 Quarry District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 14; Ord. No. 2015-6 § 2]

In the Q Quarry District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5 of this chapter, have also been met:

(a)

B-11 Community residences.

(b)

G-2 Quarry.

(c)

F-6 Renewable energy facility, accessory use.

[Ord. No. 2015-6 § 2]

Uses by Conditional Approval.

(a)

F-6 Renewable energy facility, conditional use.

Signs, in accordance with § 3-8, shall be permitted.

Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

Residential Uses: All Community Residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, subsections 30-4.2b and c.

All Nonresidential Uses:

	Minimum Lot Area	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height	Floor Area Ratio ⁽³⁾	Minimum Yards (feet)
	Minimum Lot Area	Minimum Lot Width	Maximum Building Coverage	Maximum Impervious Surface Ratio	Maximum Building Height	Floor Area Ratio ⁽³⁾	Front	Side	Rear
Quarry Uses	25 ac.	300 feet	0.005	0.006	35 feet	0.005	300	200	200

Footnotes:
(1)	In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc.

Natural Resource Exemptions. The following exemptions may apply to the development/redevelopment of an abandoned quarry site when determined appropriate by the Planning Board. Exemptions: The steep slopes and woodland protection standards of this chapter may be waived, either in part or in whole, by the Planning Board provided that a proposed development plan is coordinated with an approved quarry reclamation/restoration plan and/or provided that a purpose of the Union Township Master Plan would be advanced as a result of the development as proposed, and that the benefits from such waivers would substantially outweigh any detriment in granting same. In addition, the Planning Board may consider the inclusion of additional land area adjacent, and directly related to, the quarry land, if in their judgment, said inclusion would further the purpose of the Master Plan.

§ 30-4.14 (Reserved)

§ 30-4.15 Utility District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 15; Ord. No. 2015-6 § 2]

In the U Utility District, the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5 of this chapter, have also been met:

(a)

B-11 Community residences.

(b)

F-1 Utility operating facility.

(c)

F-2 Emergency services.

(d)

F-3 Railroad.

(e)

F-4 Essential services.

(f)

H-4 Accessory building.

(g)

H-5 Temporary structure.

(h)

F-6 Renewable energy facility, accessory use.

[Ord. No. 2015-6 § 2]

Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with § 30-10 in addition to § 30-5, Use Regulations, of this chapter:

(a)

F-5 Wireless Telecommunication Antennas and Towers.

(b)

F-6 Renewable energy facility, conditional use.

Area and Dimensional Regulations. Because of the differing area and bulk requirements of various utilities, no specific area and dimensional requirements are specified. However, each facility will be subject to Planning Board review which will take into consideration the relationship to surrounding land uses, environmental effects, appearance, and other considerations based upon the objectives of the Master Plan and the Land Use Code. In addition, all State and Federal regulations of utilities must be met.

Electric Transmission Lines. The following additional regulations shall apply to electric transmission:

Whenever an electric company constructs an overhead transmission line, it shall:

(a)

Make use of available railroad or other rights-of-way whenever practicable, feasible and with safety, subject to agreement with the owners;

(b)

Locate facilities whenever practicable and feasible in accordance with the topography so as to minimize their appearance;

(c)

Establish a program of painting towers initially and periodically in order to camouflage their appearance as much as possible;

(d)

Employ nonuniform clearing of the right-of-way and, wherever possible, in accordance with sound construction and maintenance practice as well as clearance requirements, allow a maximum number of mature trees to remain;

(e)

Landscape the right-of-way by planting low growing shrubs where the right-of-way is visible from heavily traveled roads;

(f)

Wherever practical and feasible, consistent with municipal zoning laws, permit use of the right-of-way for farming, recreational and other appropriate uses. If it is proposed by the electric company that such use is not practical and feasible, the electric company shall send written notice including its reasons, to the Planning Board for final determination;

(g)

When the application of the foregoing provisions shall be unreasonable in a specific instance, petition for relief from the specific provisions may be filed by any aggrieved person.

All Community Residential Uses: All residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, subsections 30-4.2b and c.

§ 30-4.16 (Reserved)

§ 30-4.17 Parkland District.

[Ord. No. 2006-4, § I; Ord. No. 2011-10, § 16; Ord. No. 2015-6 § 2]

In the P Parkland District the following regulations shall apply:

Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5 of this chapter, have also been met:

(a)

A-I Agriculture and horticulture.

(b)

B-11 Community residence.

(c)

C-5 Recreational facility.

(d)

C-7 Golf course.

(e)

C-9 Community center.

(f)

H-4 Accessory building.

(g)

H-5 Temporary structure.

(h)

F-6 Renewable energy facility, accessory use.

(a)

F-5 Wireless telecommunication antennas and towers.

(b)

B-1 Single-family detached residences are permitted as a conditional use if they are for low or moderate housing that meets the Council on Affordable Housing regulations as per N.J.A.C. 5:94.

(c)

H-11 Accessory apartments are permitted as a conditional use if they are for low or moderate housing that meets the Council on Affordable Housing regulations as per N.J.A.C. 5:94.

Signs, in accordance with § 30-8, shall be permitted.

	Maximum Gross Density (DU/AC)	Minimum Open Space Ratio	Maximum Impervious Surface Ratio	Minimum Gross Site Area	Minimum Lot Area
P Parkland
Agriculture	—	—	0.05	5 acres	5 acres
Other Uses	—	—	0.03	10 acres	10 acres ⁽¹⁾

Footnotes:
(1)	Or otherwise as required for each specific use in § 30-5 herein.

Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:

	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Minimum Yards (feet)
	Minimum Lot Area	Minimum Lot Width	Maximum Building Height ⁽¹⁾	Front	Side	Rear
P Parkland
Agricultural Uses	5 acres	300 feet	35 feet or 2 stories	75	50	100
Other Uses	10 acres ⁽²⁾	300 feet	35 feet or 2 stories	75	50	100

Footnotes:
(1)	A maximum of 2 1/2 stories is permitted.
(2)	Or otherwise as required for each specific use in § 30-5 herein.

§ 30-4.18 MFO Multifamily Inclusionary Overlay Zone.

[Added 12-19-2018 by Ord. No. 2018-14]

Purpose and area of application. To address its affordable housing durational adjustment in accordance with the requirements of the Settlement Agreement entered on May 2, 2018, between Union Township and Fair Share Housing Center, the Township shall implement an Inclusionary Overlay Zone Ordinance that creates a realistic opportunity for housing that is affordable to low- and moderate-income households on the properties in the Township of Union known as the Foster Wheeler site (Block 13, Lot 7) and the Red Hills Quarry site (Block 22, Lots 28 and 30). This section establishes the Multifamily Inclusionary Overlay Zone - the MFO District - and permits multifamily and townhouse development on the properties identified above provided that such housing complies with a required 20% inclusionary set-aside requirement in for-sale development and 15% inclusionary set-aside requirement for rental development and with the requirements of this section. This section shall not take effect unless developers with interest in these sites obtain approval for sewer-service allocation to be used for residential purposes.

Permitted uses. The following housing types are permitted in the MFO District, provided that 20% of all units created in the zone must be affordable to low- and moderate-income households in accordance with all applicable regulations of the Council on Affordable Housing ("COAH"), as well as the Fair Housing Act (N.J.S.A. 52-27D-301 et seq.), and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.).

Townhome dwellings.

Multifamily dwellings.

Municipal buildings and uses.

Accessory uses.

Accessory uses and structures customarily incidental to permitted uses.

A property manager's unit, provided the housing type is a permitted use.

Sewerage and sewage treatment, water, fire protection, stormwater management and other utility facilities.

Parking and loading in accordance with the requirements of § 30-7.

Signs in accordance with the requirements of § 30-8.

Community facilities and recreational open space areas such as a clubhouse, parks, recreation areas or facilities, tennis courts, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.

Conditional uses.

None.

Prohibited uses.

Any use other than those uses listed above are prohibited.

Requirements.

Minimum tract area: 50 acres.

Minimum lot width: 500 feet.

Minimum lot depth: 500 feet.

Minimum front yard setback: 100 feet.

Minimum side or rear yard setback.

(a)

Adjacent to a nonresidential zone district: 100 feet.

(b)

Adjacent to a residential zone district: 50 feet.

Density: eight dwelling units per acre shall be permitted in this zone, except that it shall be increased to 10 dwelling units per acre if the site is developed as rental housing.

Minimum distance between multifamily or townhome buildings:

(a)

Front to any building: 60 feet.

(b)

Rear to any building: 60 feet.

(c)

Side to any building: 20 feet.

Maximum building coverage: 30%.

Maximum impervious coverage: 50%.

10.

Building design.

(a)

Maximum building height: 2.5 stories/35 feet.

(b)

Maximum units per building.

(1)

Townhouses: eight.

(2)

Multifamily: 20.

(c)

Maximum building length: 300 feet.

11.

An overall theme of design and architectural mode shall be utilized within the development for the purpose of presenting an aesthetically desirable effect, and shall be such that they provide varied building elevations, design and structural appearance within the context of the overall theme.

12.

Buildings with flat roofs shall be prohibited. Buildings roofs shall be pitched and may include hipped roofs and gable roofs.

13.

The front facade of a building shall not continue on the same plane for a linear distance of more than 75 feet. Minimum two-foot offsets shall be required at breaks in the facade planes.

14.

Driveway and garage parking for individual units or buildings shall not face public or private streets. Rear vehicle access, including alley, garage and parking lot access, is required for townhome units.

15.

Parking setback from property line: 100 feet.

16.

Mechanical equipment shall be screened from view of public streets and residentially zoned lots. Screening shall consist of plantings, fencing or other material found acceptable by the approving authority.

17.

All multifamily and townhome buildings shall be provided with an aesthetically pleasing and functional landscape component. Building foundation plantings, planting clusters located in strategic areas, shade trees along roadways and sidewalks shall be incorporated into an overall landscape plan.

18.

Street trees shall be provided along all public and private roads.

19.

Circulation and parking.

(a)

Parking standards: The required number of parking spaces shall be determined according to the Residential Site Improvement Standards at N.J.A.C. 5:21-4.14.

(b)

Minimum distance to off-street parking space: 10 feet.

(c)

Maximum distance between off-street parking space and the unit served: 200 feet.

(d)

Sidewalks shall be provided along all both sides of public and private streets and interior drives.

§ 30-5 USE REGULATIONS.

§ 30-5.1 Applicability of Regulations.

[Ord. No. 85-9, § 500]

Except as provided by law or this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted in the zoning districts as indicated in Sections 30-3 and 30-4.

§ 30-5.2 Uses Subject to Other Regulations.

[Ord. No. 85-9, § 501; Ord. No. 94-8, § 2]

All uses permitted by right or conditional approval shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and such other provisions as are specified in other sections herein.

In particular, the laws of the State and the local regulations regarding waste disposal shall be adhered to. Further, no zoning permit shall be issued until approval is obtained from the necessary regulatory bodies for sewage disposal, unless the premises are served by public water and/or sewer facilities.

All uses within all districts as specified in § 30-27 shall be subject to the imposition of development fees to provide for affordable housing within Union Township as specified therein.

§ 30-5.3 Temporary Accessory Uses.

[Ord. No. 85-9, § 502; Ord. No. 2001-8, § 10]

Temporary Residential Use. No garage or other accessory building, partial structure, or temporary structure shall be erected or moved onto a lot and used for any dwelling purposes unless authorized by the issuance of a temporary zoning permit. Such permit shall clearly set forth that the structure proposed is intended for temporary dwelling purposes and that the authorized structure is to be vacated upon the expiration of a specified time limit, not to exceed one year. On receipt of the zoning permit, the applicant shall certify that he has knowledge of the terms of the permit and the penalty that can be invoked for violation.

Nonconforming Temporary Use. Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits, according to the provisions of § 30-5.5h6, Temporary Structure.

Open Air Auction. An open air auction shall be permitted as a temporary accessory use provided that it is conducted in such a manner and is so located that at the time of the auction it shall have no detrimental effect upon the activities normally permitted in the zone in question. A temporary use permit shall be issued by the Code Enforcement Officer to applicants after favorable review by the Planning Board in accordance with the following:

The applicant for an open air auction permit shall submit a sketch, which shall be reviewed by the Planning Board, indicating the provisions for adequate and safe off-street parking as well as ingress and egress to the auction site.

The applicant for an open air auction permit shall submit a traffic control plan, indicating the means by which traffic flows will be maintained around the site, which shall be reviewed by the Planning Board.

The applicant shall post a bond to cover anticipated impacts of the proposed use in terms of need for additional traffic control around the site as well as other potential impacts.

The permit shall be issued on a temporary basis only, with annual renewal for a fee as determined by the Township's fee schedule.

§ 30-5.4 Number of Principal Buildings or Uses Permitted.

[Ord. No. 98-7, § III]

Unless otherwise specified in this section, no more than one principal dwelling, building, or use shall be permitted on a lot, except that Use F-6 wireless telecommunications antennas, towers and equipment buildings, where permitted by law, may be located on lots containing other principal uses.

§ 30-5.5 Use Regulations.

[Ord. No. 85-9, § 503; Ord. No. 86-4, § 4; Ord. No. 86-8, § 3; Ord. No. 88-5, § 4; Ord. No. 88-11, § 3; Ord. No. 91-2, § 1; Ord. No. 91-7, § 1; Ord. No. 93-4, § 2; Ord. No. 93-11, §§ 2, 3; Ord. No. 96-9, § 1; Ord. No. 96-16, § 2; Ord. No. 96-17, § 2; Ord. No. 96-22, §§ 1, 3; Ord. No. 98-7, § III; Ord. No. 99-14, § 9; Ord. No. 2000-11, §§ 9, 10; Ord. No. 2001-7, § 1; Ord. No. 2001-8, §§ 4, 6, 9, 13, 15, 16; Ord. No. 2006-4, § II; Ord. No. 2013-5; Ord. No. 2015-06 § 5; Ord. No. 2017-1]

Agricultural Uses.

A-1 Agriculture and Horticulture. Agriculture and horticulture shall include uses such as tilling of soil, raising of livestock, horses, or poultry; growing trees, shrubs, flowers, or vegetables; and related farmhouses and usual farm buildings, provided:

(a)

Farm Unit. Single-family detached dwelling for the sole use of individuals, and their immediate families, engaged in agricultural employment on the same site, or for the immediate family of the landowner, or for persons engaged in agricultural employment on the property. This use is subject to the following provision:

(1)

Land Without Conservation Easement. One dwelling unit per farm will be permitted, provided the site is equal to five acres plus the minimum lot size required for a dwelling unit in the zoning district in which the farm unit is located.

(b)

Accessory Farm Buildings and Structures. All buildings and structures associated with agricultural and horticultural use as defined by this chapter shall be permitted provided:

(1)

Buildings and structures associated with farm crop agriculture including barns, sheds, silos, and the like including animal sheds, manure storage, or like uses shall not be located any closer than 100 feet to any property line nor closer than 200 feet to any street line or dwelling other than a farm unit on the same parcel.

(2)

Buildings and structures associated with horticultural/nursery uses including greenhouses either permanent, temporary or portable, cold frames, sheds, and the like shall not be located any closer than 100 feet to any property line, nor closer than 150 feet to any delineated 100-year flood plain or wetland, nor closer than 200 feet to any street line or dwelling other than a farm unit on the same parcel. All such buildings and structures shall require an approved stormwater management plan in accordance with § 30-24 of this chapter, and a plan for the recycling of all fertilizers, pesticides and other organic or inorganic chemicals used in, or associated with the building, structure and/or permitted use therein. All buildings and structures shall be screened in accordance with the buffer requirements of § 30-7.4 of this chapter.

(c)

Livestock. The keeping of livestock and horses shall be limited to lots of at least three acres and shall be limited to one head of livestock or horse per acre. Riding academies, livery or boarding stables, commercial dog kennels, and the raising of fur bearing animals are not included in this provision and must meet the requirements of Subsection a4 or 5 herein.

(d)

Chickens. The keeping of chickens shall be limited to 50 chickens per acre on lots of five or more acres. Chickens may be kept and maintained on residential lots of less than five acres, provided a zoning permit is first obtained from the Zoning Officer, and subject to the requirements applicable to chicken coop structures set forth in § 30-5.5h2(g), and subject to the following additional conditions and requirements:

(1)

A maximum of six chickens may be kept on a residential lot of up to one acre.

(2)

A maximum of 10 chickens may be kept on a residential lot of one or more but less than three acres.

(3)

A maximum of 15 chickens may be kept on a residential lot of three or more but less than five acres.

(4)

No person shall keep a rooster on any residential lot of less than five acres in the Township of Union.

(5)

A copy of the property survey shall be submitted with the zoning application showing the dimensions and construction details of the proposed chicken coop structure and the location thereof on the subject property in conformance with § 30-5.5h2(g) of the Land Use Code.

(6)

The Zoning Officer shall have the right to periodically inspect the premises to ascertain compliance with the terms of this section 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.

(7)

Chickens shall be kept and maintained at all times in a humane manner and in accordance with good agricultural practices.

(e)

Commercial Farms. None of the provisions of this chapter shall in any way prevent farmers from carrying on the normal operation of their commercial farms in accordance with the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., as amended.

(f)

Such use does not include landscape contracting.

(g)

Parking. No less than two off-street parking spaces per dwelling unit and one space per two employees.

A-2 Intensive Agriculture. Intensive agriculture, including greenhouses, feedlots, confinement livestock, or poultry operations taking place in structures or closed pens, shall be permitted subject to the following:

(a)

The minimum site area for such use shall be 10 acres.

(b)

Dwellings and accessory farm building and structures shall be permitted in accordance with the regulations for agriculture and horticulture, use A-1.

(c)

The maximum permitted impervious surface ratio of the site shall be 9%.

(d)

If any stream or swale is present, it shall be protected by a 150-foot buffer established from the top of bank from each side of the channel. An engineering study shall be required insuring the stream is adequately protected from pollution.

(e)

Parking. No less than two off-street parking spaces per dwelling unit and one space per two employees.

A-3 Forestry. Forestry is the ongoing program of clearing or cutting timber resources within forested or wooded areas and coordinated with an approved Forest Management Plan. Forestry does not include authorized clearing in accordance with plans approved pursuant to Chapter 30, the issuance of a building permit, nor removal of sick or dead trees. Forestry is permitted, provided that the landowner obtains an annual permit subject to the following conditions:

(a)

The application for a permit shall include a written and graphic reforestation or forest maintenance program prepared by either a professional forester or arborist showing a program for the establishment of the forest or wooded area on a sustained yield basis.

(b)

If clear cutting of timber resources are programmed, such operations shall be limited to no greater than 20% of the forested wooded area within any twenty-year period, per year shall include a soil sedimentation and erosion control plan which is subject to the review and approval of the municipality. Furthermore, all clear cutting operations shall be coordinated with a reforestation program.

(c)

An agreement must be signed by the landowner and recorded with the municipality stating that no such forestry operation shall be considered to reduce the area of forest or woodland as defined within this chapter. The application for a permit must indicate the existing amount of forested or wooded land for the total site prior to the commencement of any forestry operation.

(d)

The landowner shall be responsible that all such forested or wooded areas are either reforested or maintained in a forested state. In addition, the landowner shall be responsible for the installation and maintenance of the soil sedimentation and erosion plan. The municipality may require a performance bond to insure that these standards are met.

(e)

Forestry shall not permit the construction of structures.

A-4 Riding Academy. Riding academy, livery, or boarding stable, subject to the following provisions:

(a)

A lot area of not less than 10 acres shall be required.

(b)

Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for agriculture and horticulture use A-1.

(c)

No more than one horse per acre shall be permitted.

(d)

Horse shows shall be permitted only by approval of the township committee and be limited to a specified number each year for each riding academy.

(e)

Parking. No less than one off-street parking space shall be provided for every three persons present at such when they are used to capacity.

(f)

Sufficient parking for events shall be available on site. The parking area shall be temporary and pervious. No street parking shall be permitted.

A-5 Kennel. The keeping of more than six dogs that are more than six months old for breeding, training, selling, or boarding for a fee is permitted, provided the following conditions are met:

(a)

Minimum lot size shall be 10 acres.

(b)

No animal shelter or runway shall be located closer than 300 feet to any residential building other than the owner's.

(c)

The total number of dogs shall not exceed 25.

(d)

Parking. No less than one off-street parking space for each employee plus one space for each eight animals in capacity.

A-6 Agricultural Sales/Farm Stands. Sales of farm products shall be conducted from a portable or permanent structure not exceeding 400 square feet in area, under the following conditions:

(a)

Only farm produce may be sold.

(b)

Farm produce shall be limited to plant material and crops harvested from plants.

(c)

At least 50% of the produce must be grown or raised on the property or in the immediate region of the property in question.

(d)

Any processed (frozen, canned, etc.) food for sale must have been grown or raised on the property or in the immediate region of the property in question.

(e)

Access to the tract must be controlled by physical means to limit access to two points. The access point shall be no more than 24 feet wide.

(f)

Sales buildings or stands shall comply with the minimum setback requirements of district.

(g)

Parking. No less than one off-street parking space for each 200 square feet of building floor area or a minimum of four spaces, whichever is greater. All parking shall be provided behind the legal right-of-way.

Residential Uses.

B-1 Single-Family Detached.

(a)

A single-family detached dwelling shall include a single dwelling unit with a front, rear, and two side yards provided.

(b)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-2 Twin House. A twin house is a single-family semi-detached dwelling within a two dwelling building, with only one wall in common with another dwelling, provided:

(a)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-3 Duplex. A duplex house is a detached dwelling within a two dwelling unit building, with one dwelling above the other, provided:

(a)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-4 Townhouse Duplex. A townhouse duplex is an attached or semi-detached dwelling within a multi-dwelling building, with one dwelling above the other. No more than two walls of each dwelling are in common with other such dwellings, provided:

(a)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-5 Townhouse. A townhouse dwelling is a single-family attached or semi-detached dwelling within a multi-dwelling building, with only one dwelling from ground to roof. No more than two walls of each dwelling are in common with other such dwellings, provided:

(a)

A maximum of five dwelling units in a row shall be permitted.

(b)

The total length of the row shall not exceed 120 feet.

(c)

To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be encouraged. In any case, a minimum of two feet variation in setback shall occur at least every third dwelling.

(d)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-6 Multiplex. A multiplex dwelling is an attached dwelling with a three to five dwelling building and with one dwelling above, side-by-side, or back-to-back, with another dwelling. The building has yards on all four sides.

(a)

Groups of multiplex units shall average no greater than four units per structure.

(b)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-7 Single-Family Detached Cluster. A single-family detached cluster use shall include single-family detached dwellings as individual lots that are clustered to preserve open space, provided:

(a)

In the CM, AP-1, AP-2, CR, VR, and RM Districts, the provisions of B-1, Single-Family Detached Dwellings shall apply.

(b)

In the AP-1 and AP-2 Districts, cluster developments shall be located and designed to minimize intrusion upon the agricultural uses within the lot and the district. Specifically, the cluster shall be kept in tight configuration to minimize the edge of the development that abuts agricultural uses.

(c)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

B-8 Performance Subdivisions. A performance subdivision shall include a subdivision in which a mixture of types of residential dwelling units is encouraged to promote sound land planning and to provide a variety of housing choices and in which clustered development is encouraged to preserve open space, provided that the following regulations are met:

(a)

General Regulations.

(1)

Performance subdivisions shall be of a scale that will maintain the character of the appropriate district.

(2)

The adjacent properties shall be safeguarded by a minimum buffer of 100 feet;

(3)

The development shall consist of a harmonious grouping of buildings, service and parking area circulation, and open spaces, planned as a single unit, in such manner as to constitute a safe, efficient, and convenient residential site.

(4)

There shall be adequate provision for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the site.

(5)

Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the site without undue congestion to or interference with normal traffic flow within the region;

(6)

All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.

(7)

If the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and intent of this chapter shall be fully complied with by the development at the completion of any stage; and

(8)

The provisions for the design and maintenance of open space shall conform with the open space performance regulations in § 30-7.6 herein.

(b)

Administration. The administration procedures for the application and approval of a performance subdivision shall be in accordance with the Municipal Land Use Law, Chapter 291, Laws of New Jersey as amended and the municipal subdivision and land development ordinance.

(c)

Required Dwelling Unit Mix. All performance subdivision shall conform to the standards for a mix of dwelling unit types minimum as set forth below. Dwelling unit types are specified for each district and are designated in Subsection (d) below.

Number of Dwelling in Development	Minimum Required Number of D.U. Types	Maximum Percent Any D.U. Type	Minimum Percent Any D.U. Type
1-40	1	100	10
41-85	2	70	10
85+	3	40	10

(d)

Dwelling Unit Types Per District. The following dwelling unit types shall be permitted in any mix in accordance with Subsection (c) herein, except that no more than 40% of the total number of dwellings in the performance subdivision may be garden apartments, and with the following table delineating the dwelling types permitted for each district. From time to time new dwelling units evolve which are appropriate to the area. These are intended to be incorporated with the listed types, subject to dimensional requirements developed by the Township Planning Board and adopted by the local governing body.

Dwelling Unit Type	Multi-Family Residential
Single family Detached, use B-1	Permitted
Twin House, use B-5	Permitted
Townhouse, use B-6	Permitted
Multiplex, use B-9	Permitted

(e)

Open space shall conform with the open space performance standards, § 30-7.6 herein.

B-9 Residential Conversion. Such use shall include the conversion of an existing dwelling into more than one dwelling or the conversion of an accessory building into no more than one dwelling, provided:

(a)

The yard requirements for the district in which the use is located shall be met.

(b)

There shall be a maximum of one residential conversion per residential building per residential lot.

(c)

The following minimum floor areas per unit shall be required;

	RM District	All Other Districts
Efficiency	300 square feet	600 square feet
1 Bedroom	400 square feet	700 square feet
2 Bedroom	600 square feet	950 square feet

(d)

All conversions must comply with all applicable regulations of the State of New Jersey in addition to all local building codes and permit requirement of Union Township and Hunterdon County, as applicable.

(e)

The appearance of the conversions shall be in conformance with the existing structure regarding size, bulk, etc.

(f)

Exterior fire escapes and outside stairways shall be located at the rear or side of the building.

(g)

Documentation that the existing well and septic system can accommodate additional unit demands.

(h)

Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended. In addition, the following standards shall be met:

(1)

No off-street parking shall be permitted in the front yard. Parking in the side and rear yards shall be visibly buffered from the street and the adjacent yards.

(2)

The intensity of development may be contingent upon the amount of parking permitted for any given lot. No parking shall be so extensive in proportion to the total area of any lot so as to detract from the residential character of the community. The maximum impervious surface ratio for the district may not be exceeded.

(a)	The overflow of inland or tidal waters and/or
(b)	The unusual and rapid accumulation or runoff of surface waters from any source.
	A one hundred (100) year flood is one that, on the average, is likely to occur once every one hundred (100) years (i.e., that has a one (1%) percent chance of occurring each year), although the flood may occur more frequently.
	A fifty (50) year flood is one which, on the average, is likely to occur once every fifty (50) years (i.e., that has a two (2%) percent chance of occurring each year), although the flood may occur more frequently.
	A ten (10) year flood is one which, on the average occurs every ten (10) years (i.e., that has a ten (10%) percent chance of occurring each year), although the flood may occur more frequently.
	A five hundred (500) year flood is one which, on the average, is likely to occur once every five hundred (500) years (i.e., that has a two-tenths (.2%) percent chance of occurring each year), although the flood may occur more frequently.