[Ord. #85-482, S 101]
A comprehensive ordinance regulating and limiting the uses of
land and the uses and locations of buildings and structures; regulating
and restricting the height and bulk of buildings and structures and
determining the area of yards and other open spaces; regulating and
restricting the density of population; implementing the housing requirements
mandated by the Mt. Laurel II Supreme Court Decision; dividing the
Township of Montgomery into districts for such purposes; adopting
a map of said Township showing boundaries and the classification of
such districts; establishing rules, regulations and standards governing
the subdivision and development of land within the Township; establishing
a Planning Board and a Zoning Board of Adjustment; and prescribing
penalties for the violation of its provisions.
[Ord. #85-482, S 102]
The short form by which this chapter may be known shall be "The
Land Development Ordinance of the Township of Montgomery".
[Ord. #85-482, S 103; Ord. #89-621, S 1]
The chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq.,
in order to promote and protect the public health, safety, morals
and general welfare, and in the furtherance of the following related
and more specific objectives:
a.
To secure safety from fire, flood, panic, and other natural and man-made
disasters;
b.
To provide adequate light, air and open space;
c.
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;
d.
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;
e.
To encourage an appropriate and efficient expenditure of public funds
by the coordination of public development with land use policies;
f.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, 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;
g.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which would result in congestion or
blight;
h.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
i.
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;
j.
To encourage planned unit developments which incorporate the best
features of design and relate the type, design and layout of residential,
commercial, industrial and recreational development to the particular
site;
k.
To encourage senior citizen community housing construction;
l.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land; and
m.
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.
n.
To promote the conservation of historic sites and districts, open
space, energy resources and valuable natural resources and to prevent
degradation of the environment through improper use of land.
[Ord. #85-482, S 104]
The provisions of this chapter shall be held to be minimum requirements.
Where this chapter imposes a greater restriction than is imposed and
required by other provisions of law or by other rules, regulations
or resolutions, the provisions of this chapter shall control. Where
other laws, rules, regulations or resolutions require greater restrictions
than are imposed by this chapter, the provisions of such other laws,
rules, regulations or restrictions shall control.
[Ord. #85-482, S 105; Ord. #90-663, S 2; amended 10-4-2018 by Ord. No. 18-1593]
a.
All uses
not expressly permitted in this chapter are prohibited.
b.
Heliports
and helistops are specifically prohibited throughout Montgomery Township
except within an airport approved and operating in accordance with
Subsections 16-6.1.1 and 16.6.6 of this chapter.
c.
Pursuant to the provisions of § 3-20 of this Code, facilities, businesses, establishments, structures and uses for or in connection with the growing, cultivation, production, manufacture, storage, distribution, and/or sale of regulated or unregulated cannabis, cannabis products and any ancillary or related paraphernalia, are hereby prohibited throughout the Township of Montgomery. This prohibition shall include, but not be limited to, all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplied by a delivery service.
[Amended 8-5-2021 by Ord. No. 21-1665]
[Ord. #85-482, S 106]
All applicable requirements shall be met at the first time of
erection, enlargement, alteration, moving or change in use of a structure
and shall apply to the entire structure or structures, whether or
not the entire structure or structures were involved in the erection,
enlargement, alteration, moving or change in use. Moreover, no building
or structure shall be erected, moved, altered, added to or enlarged
unless in conformity with this chapter and no building, structure
or land shall be used for any purpose or in any manner other than
as specified in this chapter.
[Ord. #85-482, S 200; Ord. #87-555, S 1; Ord. #87-570, SS
1, 2; Ord. #88-584, SS 1A, 1B; Ord. #89-604, S 1; Ord. #89-607, SS
1, 2; Ord. #89-612, S 1; Ord. #89-628, SS 1, 2; Ord. #89-635, S 1;
Ord. #89-639, SS 1, 2; Ord. #90-652, SS 1, 2; Ord. #90-683, S 1; Ord.
#90-689, SS 1, 2; Ord. #91-713, S 2; Ord. #91-716, S 1; Ord. #92-746,
S 1; Ord. #92-759, SS 1, 2; Ord. #93-767, S 1; Ord. #93-781, S 1;
Ord. #1629, S 3; Ord. #95-845, S 1; Ord. #97-903, S 1; Ord. #97-914,
S 1; Ord. #99-990, S 1; Ord. #01-1039, S 3; Ord. #06-1236, S 1; Ord.
#07-1243, S 1; Ord. #10-1358, S 3; Ord. #11-1376, S 3; Ord. #12-1423,
SS 1, 2; Ord. No. 17-1539 § 1; Ord. No. 17-1540; Ord.
No. 17-1556 § 1; Ord.
No. 17-1557 § 1; Ord.
No. 17-1556 § 1; Ord.
No. 17-1557 § 1; Ord.
No. 1558 § 1]
For the purpose of this chapter, certain phrases and words are
herein described as follows: Words used in the present tense include
the future; words used in the singular number include the plural number
and vice versa; words used to include the male gender include the
female gender and vice versa; the word "used" shall also include arranged,
designed, constructed, altered, converted, rented, leased or intended
to be used; the word "lot" includes the word "plot" and "premises";
the word "building" includes the word "structure", "dwelling" or "residence";
the word "shall" is mandatory and not discretionary. Any word or item
not defined herein shall be used with a meaning as defined in Webster's
New International Dictionary of the English Language, unabridged and
latest edition. Moreover, whenever a term is used in the chapter which
is defined in N.J.S.A. 40:55D-1, et seq., such term is intended to
have the meaning as defined in N.J.S.A. 40:55D-1, et seq., unless
specified to the contrary in this chapter.
Non-water-soluble, nondecomposable, inert solids such as
soil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, traces
of concrete, brick, glass, and/or clay or ceramic products, free of
construction/demolition debris, garbage, refuse, or sludge and not
containing concentrations of one or more contaminants that exceed
the New Jersey Department of Environmental Protection (NJDEP) Residential
Direct Contact Soil Remediation Standards or Non-Residential Direct
Contact Soil Remediation Standards, whichever is more stringent, as
set forth in N.J.A.C. 7:26D (Remediation Standards).
[Added 4-18-2024 by Ord. No. 24-1723]
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, including,
but not limited to, garages, carports, barns, decks, kennels, sheds,
non-portable swimming pools, guest houses and all roofed structures.
Any accessory building attached to the principal building shall be
considered part of the principal building.
An extension or increase in floor area or height of building
or structure.
The Administrative Officer to the Planning Board or Zoning
Board of Adjustment.
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on properties such as, but not limited to, inadequate drainage
facilities, unsuitable street grades, insufficient street widths,
street locations that fail to compose an effective circulation system,
failure to provide or make future allowances for access to the interior
portion of adjoining lots or for other facilities required by this
chapter, and danger from fire, flood, erosion or other menace.
For the purposes of supporting common farm site activities,
including but not limited to the production, harvesting, storage,
grading, packaging, processing, and the wholesale and retail marketing
of crops, plants, animals, and other related commodities and the use
and application of techniques and methods of soil preparation and
management; fertilization; weed, disease, and pest control; disposal
of farm waste; irrigation, drainage and water management; and grazing.
[Added 4-18-2024 by Ord. No. 24-1723]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of egress; or an enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
Any change in, or additions to, the supporting members of
a building such as columns, foundations, walls, girders, beams or
rafters.
In the context of signage for a Planned Shopping Complex
optional development alternative, a large nonresidential use, such
as a department store, supermarket, hotel, or theater, which is prominently
located in a shopping complex to attract customers who are then expected
to patronize the other shops in the complex.
[Ord. No. 17-1539 § 1; Ord. No. 17-1558 § 1]
A building, or portion thereof, designed for occupancy by
three or more families living independently of each other in individual
dwelling units, and each including its own separate kitchen and bathroom
accommodations.
[Ord. No. 17-1557 § 1]
Any “person,” as defined below, that is the landowner,
agent, optionee, contract purchaser or other person authorized in
writing to act for the landowner submitting an application under this
chapter.
[Amended 4-18-2024 by Ord. No. 24-1723]
The Application Coordinator of the Township of Montgomery,
Somerset County, New Jersey.
The application or appeal forms, together with the required
fees and all accompanying documents required by this chapter for approval
of a subdivision plat, site plan, planned development, conditional
use, zoning variance or direction for issuance of a permit pursuant
to N.J.S.A. 40:44D-34 or N.J.S.A. 40:44D-36.
A business that provides servicing and repair of automobiles,
that may include incidental body and fender work, minor painting and
upholstery service, affiliated with and operated by a car dealership
that is located in the HC Zoning District.
[Ord. #2015-1487 S 1]
A building, accessory to a farm, which is used in connection
with the storage, raising, and/or harvesting of crops, feed, livestock,
farm equipment, agricultural produce and/or hay.
That portion of a building partly below and partly above
grade, where the ceiling averages four feet, or more than four feet,
above the finished grade where such grade meets the outside walls
of the building.
A room planned or used primarily for sleeping.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than on a building
or the grounds to which the advertising applies. Billboards are prohibited
in all districts.
The Planning Board or the Zoning Board of Adjustment of the
Township of Montgomery, as the case may be.
A building, other than apartment buildings or townhouses,
or part thereof arranged or used for lodging, with or without meals,
for compensation, monetary or otherwise, and not occupied as a single
housekeeping unit. Boarding houses are prohibited in all districts.
A structure designed to convey motorized/nonmotorized vehicles
and/or pedestrians over a watercourse, railroad, street or other obstacle
or depression.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The vertical distance measured to the highest point of a
building from the mean elevation of the finished grades along all
sides of the building, provided that if the finished grade is higher
than the predevelopment grade at any point beneath the building, then
the building height shall be measured from an elevation no higher
than one foot above the highest point of the predevelopment grade
beneath the building. In all cases where this chapter provides for
height limitations by reference to a specified height and a specified
number of stories, the intent is to limit height to the specified
maximum footage and the specified number of stories within said footage.
The diameter of a tree trunk measured in inches at a point
six inches above natural grade for trees with trunks four inches or
less in diameter, and at a point 12 inches above natural grade for
trees with trunks greater than four inches in diameter. This measurement
is a nursery term used to determine the tree size for proposed planting.
[Added 4-18-2024 by Ord. No. 24-1723]
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion of the paved or graded width.
That portion of a building partly below and partly above
grade, where the ceiling averages less than four feet above the finished
grade where such grade meets the outside walls of the building.
Antennas which are used for the transmission and reception
of wave frequencies for the purposes of telephone, radio, paging and/or
television communication and which are permitted as conditional uses
in accordance with the specific zoning conditions and standards for
their location and operation included within this chapter. For the
purposes of this chapter, "cellular antennas" shall not be considered
to be a "public utility."
Any facility which is maintained for the care, development
and supervision of six or more children who attend the facility for
less than 12 hours a day and which offers such programs as child care
centers, day care centers, drop-in centers, day nursery schools, play
schools, cooperative child centers, centers for children with special
needs, infant-toddler programs, employment related centers, and/or
kindergartens that are not an integral part of a private educational
institution or system offering elementary education in grades kindergarten
through sixth. A child care center shall not offer programs operated
in the day care center by a public or private day school of elementary
and/or high school grade, special activity programs for children,
youth camps, and/or religious classes or centers.
Any private residence in which child care services are regularly
provided to no less than three and no more than five children for
no less than 15 hours per week. A child being cared for under the
following circumstances is not included in the total number of children
receiving child care services:
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon and designed
and intended for the ownership, use or enjoyment of the residents
and owners of the development. Common property may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit of the residents and owners of the development.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons, who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to: group homes, half-way houses,
intermediate care facilities, supervised apartment living arrangements,
and hostels. Such a residence shall not be considered a health care
facility, within the meaning of the Health Care Facilities Planning
Act, P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.). In the case of a
community residence housing mentally ill persons, such residence shall
have been approved for a purchase of service contract or an affiliate
agreement pursuant to such procedures as shall be established by regulation
of the Division of Mental Health and Hospitals of the Department of
Human Services. "Developmentally disabled person" means a person who
is developmentally disabled as defined in Section 2 of P.L. 1971,
c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of a community residence
housing mentally ill persons, such residence shall have been approved
for a purchase of service contract or an affiliate agreement pursuant
to such procedures as shall be established by regulation of the Division
of Mental Health and Hospitals of the Department of Human Services.
"Developmentally disabled person" means a person who is developmentally
disabled as defined in Section 2 of P.L. 1977, c. 488 (N.J.S.A. 30:11B-2).
"Mentally ill person" means a person who is afflicted with a mental
illness as defined in N.J.S.A. 30:4-23, but shall not include a person
who has been committed after having been found guilty of a criminal
offense by reason of insanity or having been found unfit to be tried
on a criminal charge.
Any shelter approved for a purchase of a service contract
and certified pursuant to standards and procedures established by
regulation of the Department of Human Services pursuant to P.L. 1979,
c.337 (N.J.S.A. 30-40-1-14) providing food, shelter, medical care,
legal assistance, personal guidance, and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
An application for development shall be complete for purposes
of commencing the applicable time period for action by the Planning
Board or Zoning Board of Adjustment, as the case may be, when so certified
by the Board or Development Review Committee. In the event the application
is not certified to be complete within 45 days of the date of its
submission, the application shall be deemed complete upon the expiration
of the forty-five-day period for purposes of commencing the applicable
time period for action by the Board unless: (a) the application lacks
information indicated on a checklist adopted by ordinance and provided
to the applicant; and (b) the Board or Development Review Committee
has notified the applicant, in writing, of the deficiencies in the
application within 45 days of submission of the application. The applicant
may request that one or more of the submission requirements be waived,
in which event the Board or Development Review Committee shall grant
or deny the request within 45 days. Nothing herein shall be construed
as diminishing the applicant's obligation to prove in the application
process that he is entitled to approval of the application. The Board
may subsequently require correction of any information found to be
in error and submission of additional information not specified in
the ordinance or any revisions in the accompanying documents, as are
reasonably necessary to make an informed decision as to whether the
requirements necessary for approval of the application have been met.
The application shall not be deemed incomplete for lack of any such
additional information or any revisions in the accompanying documents
so required by the Board.
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 specified in this chapter.
An easement in favor of the Township for the purpose of preserving
open space, aquatic buffers and/or the natural, scenic, agricultural,
aesthetic, or historic value of land and precluding any building on
the premises.
The Director of Facilities and Development of the Township
of Montgomery, Somerset County, New Jersey, or such other individual
designated by the Township Committee.
Mixed waste building material and rubble resulting from construction,
remodeling, repair, and demolition operations on houses, commercial
buildings, pavements, pools, hardscape, and other structures that
includes, but is not limited to, treated and untreated wood scrap;
tree parts, tree stumps and brush; plaster and wallboard; roofing
materials; corrugated cardboard and miscellaneous paper; ferrous and
nonferrous metal; non-asbestos building insulation; plastic scrap;
carpets and padding; and other miscellaneous materials.
[Added 4-18-2024 by Ord. No. 24-1723]
Any property, including but not limited to structures, sediment,
soil and water, that contains a contaminant which is present at such
levels or concentration as to require action pursuant to any federal
or state statutes or regulations.
[Added 4-18-2024 by Ord. No. 24-1723]
Any soil/fill containing contaminants exceeding the current
requirements for the most stringent concentrations between the Non-Residential
and Residential Direct Contact Soil Remediation Standards pursuant
to N.J.A.C. 7:26D (Remediation Standards).
[Added 4-18-2024 by Ord. No. 24-1723]
The square footage or other area measurement by which all
buildings occupy a lot as measured in a horizontal plane around the
periphery of the foundation and including the area under any roof
extending more than two feet beyond the foundation.
The square footage or other area measurement by which all
buildings and impervious surfaces cover a lot as measured in a horizontal
plane to the limits of the impervious area(s). Impervious surfaces
include roofs and asphalt, all surfaced parking areas, driveways and
walkways, pools, decks, patios, all required parking areas which are
permitted to remain unsurfaced and all gravel driveways and walkways
shall be included in the computation of lot coverage.
[Amended 12-17-2020 by Ord. No. 20-1646]
Critical areas as defined in Subsection 16-6.4 of Township Code.
[Amended 4-18-2024 by Ord. No. 24-1723]
Calendar days.
An appropriation or giving up of property to public use,
which precludes the owner or others under him from asserting any right
of ownership inconsistent with the use for which the property is dedicated.
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 any
mining, excavation or landfill, and any use or change in use of any
building or other structure or land or extension of use of land, for
which permission may be required.
[Amended 4-18-2024 by Ord. No. 24-1723]
A committee comprised of the Township Planner, Engineer,
Administrative Officer, Zoning Officer and other appointed by the
Township Committee that reviews development applications for completeness
and also for the purpose of rendering advice to the Board on the applications.
The diameter of the trunk of an existing tree generally measured
at a point 4 1/2 feet above ground level from the uphill side
of the tree.
[Added 4-18-2024 by Ord. No. 24-1723]
The placement or reconstruction of lot coverage, impervious
surface or motor vehicle surface, or exposure and/or movement of soil
or bedrock, any activity involving clearing, cutting, removing vegetation,
grading, transporting, storing or filling of land, development, and
any other activity which causes land to be exposed to the danger of
erosion.
[Added 4-18-2024 by Ord. No. 24-1723]
The removal of surface water or groundwater from land by
drains, grading, or other means.
[Added 4-18-2024 by Ord. No. 24-1723]
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, or lands required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
Sediments removed from under a body of water such as, but
not limited to, a lake, stream, and/or river, removed during a dredging
operation that are displaced or removed to another location.
[Added 4-18-2024 by Ord. No. 24-1723]
The outermost limits of tree branches depicted as a line
on the ground. When the outer limits of the branches are unclear,
the drip line shall be presumed to be located 1 1/2 feet from
the center of the trunk of a tree for each inch of the trunk DBH.
[Added 4-18-2024 by Ord. No. 24-1723]
A means of ingress and egress for vehicles to and from a
property.
A room or series of connected rooms designed for permanent
residency containing living, cooking, sleeping and sanitary facilities
for one housekeeping unit. The dwelling shall be self-contained and
shall not require the use of outside stairs, passing through another
dwelling unit or indirect route(s) to get to any portion of the dwelling
unit, nor shall there be shared facilities with another housekeeping
unit. The keeping of livestock or poultry in a dwelling unit is prohibited.
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APARTMENT — a building containing a minimum
of 3 dwelling units and not exceeding 2 1/2 stories and 35 feet
in height.
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DETACHED SINGLE-FAMILY — a building physically
detached from other buildings or portions of buildings which has its
own sleeping, sanitary and general living facilities and which is
occupied or intended to be occupied for residence purposes by 1 housekeeping
unit, including any domestic servants employed on the premises.
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PATIO HOME — a single-family dwelling on an
individual lot which may be attached to a second single-family dwelling
on an adjacent lot.
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RESIDENTIAL FLAT — a residential dwelling
unit situated on a second floor above permitted nonresidential uses
where specifically permitted in accordance with the applicable provisions
of this chapter.
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TOWNHOUSE — 1 building containing at least
3, but no more than 8, connected dwelling units, where each dwelling
unit is compatibly designed in relation to all other units, but is
distinct by such design features as width, setback, roof design, color,
exterior materials, and other features, singularly or in combination.
Each dwelling unit may be a maximum of 2 1/2 stories and 35 feet
in height, but nothing in the definition shall be construed to allow
1 dwelling unit over another.
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A residential structure for which a foundation and footing
building permit on an approved residential lot within a finally approved
development may be issued prior to the completion of all required
infrastructure improvements, up through and including the base course
of bituminous concrete paving.
A right to use the real property of another created by deed
or other legal means, for the benefit of private persons or the public,
for one or more specific purposes such as access, drainage, conservation,
or provision of utility services.
The Montgomery Township Engineer or their designee.
[Added 4-18-2024 by Ord. No. 24-1723]
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
[Added 4-18-2024 by Ord. No. 24-1723]
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be in accordance with standards adopted by the Soil Conservation
Committee of the Department of Agriculture, State of New Jersey.
[Added 4-18-2024 by Ord. No. 24-1723]
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
[Added 4-18-2024 by Ord. No. 24-1723]
The same as housekeeping unit.
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family-day care in which child care services are regularly provided
to no less than three and no more than five children for no less than
15 hours per week. A child being cared for under the following circumstances
is not included in the total number of children receiving child care
services:
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PRINCIPAL USES — A lot with at least 5 acres
devoted to the growing and harvesting of crops and/or the raising
and/or breeding of animals, including truck farms, fruit farms, nurseries
and greenhouses, silviculture operations, dairies, livestock and produce,
except that intensive commercial piggeries and commercial slaughtering
are prohibited. Intensive commercial piggeries, shall mean a farm
with more than 2 pigs per acre, or more than 50 pigs in total, whichever
is less. These limits may be exceeded when a Farm Conservation Plan
has been approved by the Natural Resource Conservation Service (NRCS),
and such plan verifies the land can sustain a higher number. A copy
of the pertinent sections verifying the capability of the land to
sustain a higher number of pigs shall be provided to the Township
prior to introducing additional pigs to the site.
[Ord. No. 17-1540] |
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ACCESSORY USES — Structures incidental to
farm such as barns and packing, grading and storage buildings for
produce raised on the premises; fences; buildings for keeping of permitted
poultry and livestock; and garages for the keeping of trucks and other
equipment used in farm operations.
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The relatively flat area adjoining the channel of a natural
stream which has been or may be hereafter covered by flood water.
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FLOODWAY — the channel of a natural stream
and portions of the flood hazard area adjoining the channel are reasonably
required to carry and discharge the flood water or flood flow of any
natural stream.
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FLOOD HAZARD AREA — the floodway and the flood
fringe area of a delineated stream.
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FLOOD FRINGE AREA — that portion of the flood
hazard area not designated as the floodway.
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FLOOD HAZARD AREA DESIGN FLOOD — the 100-year
storm in non-delineated areas and the 100-year storm plus 25% in delineated
areas.
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The ratio of the gross floor area to the area of the lot
or tract.
The plan projection of all roofed areas on a lot multiplied
by the number of full stories under each roof section, provided that
the area under any roof overhang of 2 feet or less shall not be included
in the G.F.A. calculation. Basements which satisfy applicable construction
code definitions of habitable space are included in the G.F.A. for
nonresidential uses.
The finished and heated area fully enclosed by the inside
surfaces of walls, windows, doors and partitions and having a headroom
of at least 6 1/2 feet including working, living, eating, cooking,
sleeping, stair, hall, service and storage areas, but excluding garages,
carports, parking spaces, cellars, half-stories and unfinished attics
and basements.
An accessory building for the storage of motor vehicles regularly
operated by occupants of the principal building and in which no occupation,
business or service for profit is carried on. Said garages shall have
solid floors (as opposed to dirt or gravel floors) and shall be limited
in capacity to three vehicles.
Any building, premises and land in which, or upon which,
a business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
A retail business of which the principal sales are garden
and landscaping related products.
[Added 4-18-2024 by Ord. No. 24-1723]
The slope of a road, path, driveway, swale or other surface,
or the average finished ground elevation adjoining a building at project
completion.
Dig, excavate, move, remove, place, deposit, fill, grade,
regrade, strip, level, or otherwise alter, change the location, contour,
transport, or supply soil/fill.
[Added 4-18-2024 by Ord. No. 24-1723]
An event promoting the opening of new business, the reopening
of a business temporarily closed for renovations or improvements,
the opening of an existing business under new management or ownership,
or the opening of an existing business in a new and/or expanded location.
A climate-controlled space in a structure for living, sleeping,
eating, cooking, or recreation, or combination thereof. Bathrooms,
closets, halls, storage or utility space, and similar areas are not
considered habitable spaces.
[Ord. No. 17-1557 § 1]
A business conducted in or from a single-family detached
dwelling unit and/or its permitted accessory buildings or structures,
which business is clearly subordinate and ancillary to the principal
single-family residential use of the property and which business meets
the requirements specified in Subsection 166.8 of this chapter. For
purposes of this chapter, the term "home occupation" also shall include
"family day care homes" and "child care residences".
See "agricultural."
[Added 4-18-2024 by Ord. No. 24-1723]
A building or group of buildings consisting of individual
sleeping units designed for transient travellers and not for permanent
residency.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a non-profit basis.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey or, in the case of a civil proceeding in any
court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire, or enjoy property is or may be affected by
any action taken under the provisions of this chapter, or whose rights
to use, acquire, or enjoy property under the Municipal Land Use Law
(N.J.S.A. 40:55D-1 et seq.) or this chapter, or under any other law
of this State or of the United States have been denied, violated or
infringed upon by an action or a failure to act under the provisions
of this chapter.
A plant reproducing outside its native range and outside
cultivation that disrupts naturally occurring native plant communities
by altering structure, composition, natural processes or habitat quality.
Invasive plants are those plants recognized by the New Jersey Department
of Environmental Protection Appendix to Policy Directive 2004-2 Invasive
Non-Indigenous Plant Species, October 2004 or the latest directive
emanating from NJDEP Appendix to Policy Directive 2004-2, and those
on the most recent New Jersey Invasive Species Strike Team “Do
Not Plant List.”
[Added 4-18-2024 by Ord. No. 24-1723]
Any space, whether inside or outside a building, used for
the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials, or for the dismantling, demolition, salvage,
resale or abandonment of automobiles or other vehicles or machinery
or parts thereof. Junkyards are prohibited in all districts.
Any ground, soil or earth, including marshes, swamps, drainage-ways
and areas not permanently covered by water within the Township.
[Added 4-18-2024 by Ord. No. 24-1723]
Any activity involving the fabrication, reshaping, reworking,
assembly or combining of products, parts and/or materials:
Which does not involve the union of chemicals, compounds or
elements to produce a new compound or substance on-site for direct
industrial sale;
Which does not involve the union of chemicals, compounds or
elements on-site for use during the fabrication, reshaping, reworking,
assembly, or combining of the products, parts and/or materials, except
that the incidental application of chemicals or chemical products
brought to the site is permitted pursuant to paragraph c of this definition
hereinbelow;
Which may involve the incidental application of chemicals, compounds
or elements of chemical products during the fabrication, reshaping,
reworking, assembly or combining of the products, parts and/or materials,
including, but not limited to, painting, gluing and cleaning;
Which store and contain any and all products, parts and/or materials
utilized during the fabrication, reshaping, reworking, assembly or
combining of the products, parts and/or materials within completely
enclosed buildings; and
Which may involve the ancillary storage and ware-housing of
the items fabricated, reshaped, reworked, assembled or combined during
the "limited manufacturing" activity.
An off-street parking space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading.
Any designated parcel, tract or area of land, separated from
other parcels, established by a plat, subdivision, deed, survey, metes
and bounds description, and/or otherwise as permitted by law and to
be used, developed or built upon as a unit; provided that no portion
of an existing public street shall be included in calculating a lot
boundary or lot area. The word "lot" includes the words "plot" and
"premises."
[Amended 4-18-2024 by Ord. No. 24-1723]
The area contained within the lot lines of a lot not including
any portion of a street right-of-way.
A lot abutting the intersection of two or more streets, where
the interior angle of intersection does not exceed 135°. Each
corner lot shall have two front yards, one side yard and one rear
yard, the side and rear yard to be designated at the time of application
for a construction permit.
The perpendicular distance between the street line or front
lot line and a line drawn parallel thereto through the midpoint of
the rear lot line.
 |
The distance between the side lot lines measured along the
street line. The minimum lot frontage shall be the same as the minimum
lot width, except that where the lot frontage in its entirety is a
curve with an outside radius of less than 500 feet, the minimum frontage
shall not be less than 75% of the minimum lot width. In the case of
a corner lot either street line may be considered the lot frontage,
provided that it equals or exceeds the minimum frontage requirements
of this chapter for the land in question.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot and the same line as the street line for that portion of a lot
abutting a street.
The straight line horizontal distance between side lot lines
at setback points on each side lot line measured from the street line
at the minimum required building setback line. When the side lot lines
are not parallel, the minimum lot width at the setback line shall
not be less than 75% of the minimum lot frontage for the zoning district
in which the lot is located.
 |
Any security, in accordance with the requirements of this
chapter, which may be accepted subject to review and approval by the
Township Attorney for the maintenance of any improvements required
by this chapter.
A single family detached dwelling, apartment or townhouse
unit or building of the type to be sold located on an approved residential
lot or location within a finally approved development. The model may
also be used to conduct sales for dwelling units in accordance with
the provisions of this chapter and only during the period necessary
for the sale of new dwellings within such subdivision, provided that
the dwelling units for sale are only within the development where
the model is located.
The Planning Board, Board of Adjustment or Township Committee,
or any other agency created or responsible to one or more municipalities,
when acting pursuant to N.J.S.A. 40:55D-1 et seq.
Appropriate indigenous vegetation found in the natural community
that is suited to the soil, topography, and hydrology of a particular
site.
[Added 4-18-2024 by Ord. No. 24-1723]
A building or structure the size, dimension, or location
of which was lawful prior to the adoption, revision or amendment of
this chapter, but which fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
A lot the area, dimension, or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
Any offensive, annoying, unpleasant or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
of activity or use across a property line which can be perceived by
a human being, or the generation of 'an excessive or concentrated
movement of people or things, such as but not limited to noise, dust,
smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat,
debris, litter, trash sites, electronic or atomic radiation, effluent,
noise of congregation or people especially at night, vehicular traffic,
transportation of things by truck, rail or other means, invasion of
non-abutting street frontage by parking, the obscuring or masking
of adjacent or nearby property by projecting signs, marquees or canopies,
or any adverse effect on value or desirability of nearby property
caused by such matters as appearance, exposed storage of inoperable
automobiles, junk, materials and neglect or dilapidation of lands
or building.
Located outside the lot lines of the property in question
but within the property (of which the lot is a part) which is the
subject of a development application, or on a contiguous portion of
a street right-of-way or drainage or utility easement.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
A space accommodating any or all of the following: executive,
general corporate and clerical activities, research and consumer product
development connected with service industries, such as financial,
insurance, and banking; development of computer software; demographic,
economic and statistical research; and activities of a similar character.
Located on the lot in question.
A system for the disposal of sanitary sewage into the ground
which is so designed and constructed to treat sewage in a manner that
will retain most of the settleable solids in a septic tank and to
discharge the liquid portion to an adequate disposal field.
Located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
An incorporated, nonprofit organization operating in a planned
development under recorded land agreement providing that: (a) each
owner is automatically a member; (b) each occupied dwelling unit is
automatically subject to a charge for proportionate share of expenses
for the organization's activities and maintenance, including any maintenance
costs levied against the organization by the Township; and (c) each
owner and tenant has the right to use the common property.
In the context of signage for a Planned Shopping Complex
optional development alternative, a freestanding, single-use, non-residential
building location. Pad-sites usually contain banks, casual dining,
and fast food restaurants.
[Ord. No. 17-1539 § 1; Ord. No. 17-1558 § 1]
Any area of not less than nine feet wide by 20 feet in length,
or 12 feet wide by 20 feet in length in the case of handicapped parking
spaces, either within a structure or in the open, for the parking
of motor vehicles, exclusive of driveways, access drives, fire lanes
and public rights-of-way; except that the length of a parking space
may be reduced to 18 feet in length, subject to the approval of the
Board in those instances where a two foot overhang area exists beyond
a curb and where such overhang does not interfere with any proposed
and/or required landscaping. The width and length of each space shall
be measured perpendicular to each other regardless of the angle of
the parking space to the access aisle or driveway.
 |
Any security, in accordance with the requirements of this
chapter, which may be accepted subject to review and approval by the
Township Attorney in lieu of a requirement that certain improvements
be completed prior to final approval of a development application,
including performance bonds, letters of credit, escrow agreements
and other similar collateral or surety agreements.
The official document issued by the Township Engineer or
their designee approving the application for import, export, and/or
transfer of soil/fill to, from, or within Montgomery Township.
[Added 4-18-2024 by Ord. No. 24-1723]
Any use of land or buildings as permitted by this chapter.
An individual, resident, partnership, corporation, company,
firm, association, agency, or any other entity recognized by law,
including its agents or employees.
[Added 4-18-2024 by Ord. No. 24-1723]
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RESIDENTIAL CLUSTER — 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.
|
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PLANNED RESIDENTIAL DEVELOPMENT — an area
with a specified minimum contiguous acreage to be developed as a single
entity according to a plan, containing and integrating 1 or more residential
clusters along with 1 or more appurtenant public, quasi-public and
commercial areas in such ranges or ratios of nonresidential uses to
residential uses as specified in this chapter.
|
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MONTGOMERY VILLAGE PLANNED DEVELOPMENT — an
area with a specified minimum contiguous acreage to be developed as
a single entity according to a plan, containing and integrating 1
or more residential clusters or planned unit residential developments
along with a number of appurtenant public, quasi-public and commercial
areas, in such ranges or ratios as specified in this chapter, and
in a manner to create a community offering a broad range of housing
types, employment opportunities, basic services and shopping for its
residents as well for those residents in the surrounding areas of
the Township; all accomplished according to a planning design reflecting
the character of historical small towns and villages elsewhere in
New Jersey.
|
A building, structure or use which is the main or primary
building, structure or use on the lot.
A street that is not publicly maintained or not intended
to be publicly maintained.
The record holder of title.
The use of land or buildings by the governing body of the
Township or any officially created authority or agency thereof.
Any development of a previously developed area.
[Added 4-18-2024 by Ord. No. 24-1723]
As defined in the Technical Requirements for Site Remediation
(Technical Requirements) at N.J.A.C. 7:26E-1.8, those actions taken
at a contaminated site as may be required by the New Jersey Department
of Environmental Protection (NJDEP), including, without limitation,
removal, treatment measures, containment, transportation, securing,
or other engineering or institutional controls, whether to an unrestricted
use or otherwise, designed to ensure that any contaminant is remediated
in compliance with the applicable remediation standards. A remedial
action continues as long as an engineering control or an institutional
control is needed to protect the public health and safety and the
environment, and until all unrestricted use remediation standards
are met.
[Added 4-18-2024 by Ord. No. 24-1723]
As defined in the Technical Requirements at N.J.A.C. 7:26E-1.8,
all necessary actions to investigate and cleanup or respond to any
known, suspected, or threatened discharge, including, as necessary,
the preliminary assessment, site investigation, remedial investigation
and remedial action; provided, however, that "remediation" or "remediate"
shall not include the payment of compensation for damage to, or loss
of, natural resources.
[Added 4-18-2024 by Ord. No. 24-1723]
A facility designed and used for research and engineering
activities involving scientific investigations, engineering studies
and consumer product development of types other than carried on in
offices (see definition of "offices") and similar activities, but
excluding the manufacturing, sale, processing, warehousing, distribution
or fabrication of materials, products, or goods except as incidental
to the principal permitted uses.
A development of apartment and/or townhouse residential living
units exclusively for single persons who are 60 years of age or older,
or for households with at least one person being 60 years of age or
older, with ancillary and directly related facilities to be primarily
used by the residents of the development, including health care services,
dining facilities, recreational facilities, and other ancillary facilities
deemed appropriate by the reviewing authority and in accordance with
the applicable provisions of this chapter.
A residential unit situated on a floor above permitted nonresidential
uses where specifically permitted in accordance with the applicable
provisions of this chapter.
[Ord. No. 17-1557 § 1]
A development of apartment dwelling units exclusively for
single persons who are 60 years of age or older, or for households
with at least one person being 60 years of age or older, with ancillary
and directly related facilities limited to nursing care, dining facilities
and recreational facilities, provided such facilities are used solely
by the residents of the development, including those people who only
temporarily reside in an apartment for a short time.
A building, accessory to a detached dwelling unit, which
is utilized for the storage of tools, lawn and garden equipment and
furniture and similar items of personal property owned by occupants
of the detached dwelling unit.
Any establishment at which food is prepared, served and sold
primarily for consumption on the premises, either within a building
or elsewhere on the property, provided that a drive-through window
shall be considered as an accessory use to the restaurant requiring
conditional use approval by the Township in accordance with the provisions
of this chapter.
However, a snack bar or refreshment stand at a public swimming
pool, golf course, playground, playfield or park, operated solely
by the agency or group operating the recreational facility and for
the convenience of the patrons of the facility, shall not be deemed
a restaurant.
Establishments where food is sold primarily for retail sale
and which have less than eight seats indoors plus, in season, up to
either additional seats outdoors, shall not be deemed to be a restaurant
and, for the purposes of this chapter, shall be considered a retail
use.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but not including conveyances so as
to combine existing lots by deed or other instrument.
Transitional land areas located between uplands and streams
that support surface water ecosystems and help protect streams, lakes,
rivers and other waters from environmental degradation.
A center where information concerning the overall development
and specific products is conveyed to prospective purchasers, contracts
and options are discussed and executed, and normal sales and marketing
of development takes place.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water or gravity as a product of erosion.
[Added 4-18-2024 by Ord. No. 24-1723]
Lands and buildings providing for the retail sale of automotive
fuel, lubricants, and automotive accessories. A service station also
may include the retail sale of goods such as prepackaged food products,
household items, newspapers and magazines, and sandwiches and other
freshly prepared foods for the convenience of motorists. The maintenance
and minor repairs of motor vehicles also may be provided, but no body
repairs or painting or the storage of inoperable, wrecked or unregistered
vehicles shall be permitted. Additionally, no car wash operation,
car or truck rental, parking for a fee or other similar activity shall
be permitted.
A line drawn parallel with a street line or proposed street
line or lot line and drawn through the point of a building nearest
to the street line or lot line. The term "required setback" means
a line that is established a minimum horizontal distance from the
street line or proposed street line or lot line and beyond which a
building or part of a building is not permitted to extend toward the
street line or lot line.
 |
A triangular area established in accordance with the requirements
of this chapter in which no grading, planting or structure shall be
erected or maintained more than 12 inches above the street center
line except for street signs, fire hydrants and light standards.
Any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illumination, insignia or other visual communication is used to advertise or promote the interest of any person, products or service when the same is placed in view of the general public. Additional definitions related to signs are located in Subsection 16-5.13b.
[Ord. No. 17-1557 § 1]
Any plot, parcel or parcels of land.
[Added 4-18-2024 by Ord. No. 24-1723]
A development plan of one or more lots on which is shown:
(1) the existing and proposed conditions of the lot, including but
not limited to topography, vegetation, drainage, flood plains, marshes
and waterways; (2) the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and (3) 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.
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MINOR SITE PLAN — any development plan which:
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a.
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b.
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Consists of an expansion of, or addition to, an existing conforming structure and/or use not exempted from site plan review by Subsection 16-8.2b1 of this chapter and
| |
|
1.
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Not accounting for more than 10% additional building coverage
nor 10% additional lot coverage,
| |
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2.
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Not exceeding more than 4,000 cubic feet of enclosed and roofed
area,
| |
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3.
|
Not involving a planned development, and
| |
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4.
|
Not entailing the installation of any road improvements or the
expansion of public facilities.
| |
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MAJOR SITE PLAN — any development plan not
classified as a minor site plan.
| ||
A committee of up to six persons comprised of up to four
Planning Board members or alternates appointed by the Chairperson
of the Planning Board, and up to two Zoning Board of Adjustment members
or alternates appointed by the Chairperson of the Zoning Board of
Adjustment. The Chairperson of the Planning Board may also appoint
additional persons to serve as advisors to the Site Plan Committee
as may, in the opinion of the Chairperson, be appropriate. The Site
Plan Committee shall review site plan applications prior to action
by the Board to determine whether such applications comply with the
requirements relating to site plans imposed by this chapter. The Site
Plan Committee shall, in its review of site plan applications, consider
input received from the Environmental Commission, Shade Tree Committee,
Open Space Committee and Landmarks Commission through persons duly
appointed by the Chairpersons of said commissions or committees to
serve as liaisons to the Site Plan Committee. The Site Plan Committee
shall also consider comments received from any other board, committee
or commission of the Township on a site plan application.
Material placed at a location for the purpose of filling
low areas, changing the contours of an area, stabilizing existing
grades and/or raising the grade of an area. Fill typically consists
of soil, but may also include but is not limited to non-water-soluble,
traces of nondecomposable, inert solids, such as rock, stone, gravel,
sand, brick, block, concrete, glass, earth, dirt, clay, loam, ceramic
products, and/or any combination thereof. The terms soil and fill
may be used interchangeably in this section if used alone.
[Added 4-18-2024 by Ord. No. 24-1723]
Somerset-Union Conservation District as organized in accordance
with the provisions of Chapter 24, Title 4, of the New Jersey Revised
Statutes.
[Added 4-18-2024 by Ord. No. 24-1723]
That portion of a building included between the upper surface
of any floor and the upper surface of the next floor above it or,
if there is no floor above it, then the surface between the floor
and the ceiling next above it. For the purpose of this chapter:
The interior of the roof shall not be considered a ceiling;
Cellars and basements shall not be considered stories when considering
the height of a building except, however, that a finished basement
and/or cellar in nonresidential buildings shall be considered a story
for the purposes of the height, floor area and parking requirements
of this chapter unless used solely for ancillary storage; and
A half-story is the area under a pitched roof at the top of
a building, the floor of which is at least four feet, but no more
than six feet, below the plate.
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 on a plat heretofore approved, pursuant
to law; or (3) which is approved as provided by this chapter; or (4)
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, sidewalks, parking
areas and other areas within the street line. For purposes of the
design and paving requirements of this chapter for and related to
streets, all "private roads" in planned developments shall be considered
streets.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
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 but not limited to, buildings, fences,
standards, signs, towers, tanks, swimming pools and tennis courts,
and excluding on-site wastewater treatment and disposal systems.
In the context of signage for a Planned Shopping Complex
optional development alternative, a tenant area/space that ranges
in size from 15,000 gross square feet to 25,000 gross square feet.
[Ord. No. 17-1539 § 1; Ord. No. 17-1558 § 1]
The 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 the chapter if no new streets are created: (1) divisions
of land found by the Planning Board to be for agricultural purposes
when all resulting parcels are five acres or more in size; (2) divisions
of property by testamentary or intestate provisions, provided the
division is in conformity with the applicable ordinance requirements;
(3) divisions of property upon court order including, but not limited
to, judgments of foreclosure; (4) consolidation of existing lots by
deed or other recorded instrument; and (5) the conveyance of one or
more adjoining lots, tracts or parcels of land, owned by the same
person or persons and all of which are found and certified by the
Administrative Officer to conform to all requirements of the Montgomery
Township municipal development regulations and which are shown and
designated as separate lots, tracts or parcels on the tax map or atlas
of the Township of Montgomery. The term "subdivision" shall also include
the term "resubdivision".
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MINOR SUBDIVISION — any division of land containing an aggregate of 2 lots (1 new lot and the remaining parcel), each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of Township facilities; not involving any streets requiring additional right-of-way width as specified in the Master Plan or Official Map and/or the street requirements of this chapter, unless such additional rights-of-way width, either along one or both sides of said street(s), as applicable, shall be deeded to the Township or to the appropriate governmental authority prior to classification as a minor subdivision; not involving any required off-tract improvements; not adversely affecting the development of the remainder of the parcel of adjoining property; not being a further division of an original tract of land for which previous subdivision(s) have been approved by the Township within the current calendar year and where the combination of the proposed and previously approved minor subdivision(s) constitute a major subdivision; not involving a planned development; and not being deficient in those details and specifications required of minor subdivisions as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of this Land Development Ordinance as shown on the Township tax maps. Any readjustment of lot lines resulting in new lots shall be classified as a minor subdivision for purposes of the application submission and review requirements specified in Subsection 16-8.3 of this chapter, but not for purposes counting whether there has been a subdivision within the current calendar year.
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MAJOR SUBDIVISION — any division of land not
classified as a minor subdivision.
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A committee of up to six persons comprised of up to four
Planning Board members or alternates appointed by the Chairperson
of the Planning Board, and up to two Zoning Board of Adjustment members
or alternates appointed by the Chairperson of the Zoning Board of
Adjustment. The Chairperson of the Planning Board may also appoint
additional persons to serve as advisors to the Subdivision Committee
as may, in the opinion of the Chairperson, be appropriate. The Subdivision
Committee shall review subdivision applications prior to action by
the Board to determine whether such applications comply with the requirements
relating to subdivisions imposed by this chapter. The Subdivision
Committee shall, in its review of subdivision applications, consider
input received from the Environmental Commission, Shade Tree Committee,
Open Space Committee and Landmarks Commission through persons duly
appointed by the chairpersons of said commissions or committees to
serve as liaisons to the Subdivision Committee. The Subdivision Committee
shall also consider comments received from any other board, committee
or commission of the Township on a subdivision application.
A use principally engaged in providing meeting space for
support groups and counseling services.
[Ord. No. 17-1556 § 1]
A swimming pool that is not permanently installed and meets
all of the following criteria: does not require water filtration,
circulation and purification; does not exceed 24 inches in depth;
does not exceed a water surface of 250 square feet; and does not require
braces or supports. Portable swimming pools are not subject to this
chapter.
A swimming pool, including but not limited to hot tubs and
whirl-pools, and other than a portable swimming pool, that is located
on a lot principally used for a dwelling unit by one housekeeping
unit, and including all buildings, structures, and equipment appurtenant
thereto.
A transportable trailer, installed on a nonpermanent foundation
if installation is required, temporarily erected or parked within
a finally approved development for use by the contractor(s) for construction
offices and/or storage of construction material.
Friable, loamy soil/fill, free of debris, objectionable weeds
and stones, typically composed of 2% or more by weight of organic
matter, and containing no toxic substance or adverse chemical or harmful
physical condition, that has the ability to support vegetation as
the top layer of earth.
[Added 4-18-2024 by Ord. No. 24-1723]
A single family dwelling in a row of at least three units
separated from one another by an unpierced vertical wall from ground
to roof.
[Ord. No. 17-1557 § 1]
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INTERLOCKING TOWNHOUSE — 1 building containing
a number of connected dwelling units, where each dwelling unit is
compatibly designed in relation to all other units, but is distinct
by such design features as width, setback, roof design, color, exterior
materials, and other features, singularly or in combination. One dwelling
unit may be partially or completely over 1 other unit and the two
units may share the same design features, provided that each unit
has its own direct outside entry.
[Ord. No. 17-1557 § 1] |
Township of Montgomery, Somerset County, New Jersey.
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The original land area may be divided by one existing public street
and still be considered one tract provided that the street is not
an arterial road and that a linear distance equal to more than 75%
of the frontage of the side of the street having the larger street
frontage lies opposite an equivalent linear distance of street frontage
on the other side of the street.
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
[Added 4-18-2024 by Ord. No. 24-1723]
PROBLEM TREEany tree, limb or portion thereof, that is dead or dying, as a result of natural causes, including storms, and is hazardous or threatens public health, safety, and welfare. This does not include voluntary removal for construction projects, including but not limited to solar panels, additions, decks/patios, etc.
REPLACEMENT TREE– replacement tree nursery stock shall adhere to the current ANSI American Standard for Nursery Stock. A deciduous tree shall measure at least 1.5 inches in caliper measured six inches above the ground, and an evergreen tree shall measure at least six feet in height measured from the ground.
STREET TREE– a tree planted within the public right-of-way or within 25 feet of the edge of a roadway. Street trees shall be deciduous and shall measure at least 1.5 inches in caliper measured six inches above the ground.
TREE OF SIGNIFICANCE– any tree that is recognized by the municipal governing body as being of significance due to its size, unique value, age, rarity, or the aesthetic, botanical, ecological, and historical value.
The area within the dripline of a tree, as the term is defined
herein.
[Added 4-18-2024 by Ord. No. 24-1723]
A tree farm and/or wholesale grower of deciduous and evergreen
trees.
[Added 4-18-2024 by Ord. No. 24-1723]
To kill or to cause irreparable damage that leads to the
decline and/or death of a tree. This includes, but is not limited
to, excessive or improper pruning, application of substances that
are toxic to the tree, and improper grading and/or soil compaction
within the Tree and Soil Protection Zone that leads to the decline
and/or death of a tree. Removal does not include responsible pruning
and maintenance of a tree, or the application of tree treatments intended
to manage disease, insects, fungi, invasive plant species, or other
damaging factors.
[Added 4-18-2024 by Ord. No. 24-1723]
A fund established for the administration, planting, maintenance, and other miscellaneous costs associated with the installation of trees, shrubs, or green infrastructure on public rights-of-way and public property in the Township. See Subsection 14-3.13.
[Added 4-18-2024 by Ord. No. 24-1723]
Peat moss, organic material, vegetation, leaves, tree stumps,
wood chips, sawdust, chemical waste, tires, wooden logs, contaminated
soil/fill, or as otherwise determined by the Township Engineer.
[Added 4-18-2024 by Ord. No. 24-1723]
The purpose for which land or structure(s) is arranged, designed
or for which either land or structure(s) is or may be used, occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
Permission granted to an applicant for development by the
Planning Board or the Zoning Board of Adjustment, as the case may
be, to depart from the literal requirements of the zoning provisions
of this chapter.
Managed or unmanaged areas, groves or stands of trees, i.e.,
greater than six inches DBH covering an area greater than 1/4 acre;
or groves of mature trees greater than 12 inches DBH consisting of
more than 10 individual trees within an area of 1/2 acre.
[Added 4-18-2024 by Ord. No. 24-1723]
The open space extending across the full width of the lot
and lying between the street line and the closest point of any principal
building on the lot. The depth of the front yard shall be measured
horizontally from a line drawn parallel to the center line of the
street, said line being no closer than 44 feet from the center line
of an arterial street; 33 feet from the center line of a major collector
street; 29 feet from the center line of a collector street; 27 feet
from the center line of a minor collector street; and 25 feet from
the center line of a local street.
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the rear yard shall be measured
horizontally and at right angles to either a straight rear lot line
or the tangent of curved rear lot lines.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required site yard
shall be measured horizontally and at right angles to either a straight
line or the tangent lines of curved lot lines.
 |
The map referred to in Subsection 16-3.3 of this chapter.
The individual(s) designated by the Township Committee to
administer and enforce the zoning provisions of this chapter.
[Ord. #85-482, S 301; Ord. #89-610, S 1; Ord. #89-612, S
4; Ord. #96-885, S 1; Ord. #98-933, S 1; Ord. #01-1048, S 1; Ord.
#01-1050, S 1; Ord. #10-1358, S 1; Ord. #11-1376, S 1; Ord. #12-1423
§ 3; Ord. No. #14-1477 S 1; amended 7-19-2018 by Ord. No. 18-1585; 7-19-2018 by Ord. No. 18-1586; 9-1-2022 by Ord. No. 22-1688]
For the purpose of this chapter, the Township of Montgomery
is hereby divided into 2 zoning districts as follows:
|
PPE
|
Public, Parks and Education
|
|
MR
|
Mountain Residential
|
|
R-3
|
Single-Family Residential
|
|
R-2
|
Single-Family Residential
|
|
R-1
|
Single-Family Residential
|
|
R
|
Single-Family Residential
|
|
ARH
|
Age-Restricted Housing
|
|
VN
|
Village Neighborhood
|
|
APT/TH
|
Apartment/Townhouse Residential
|
|
NC
|
Neighborhood Commercial
|
|
CC-1
|
Community Commercial
|
|
CC-2
|
Community Commercial
|
|
HC
|
Highway Commercial
|
|
SB
|
Small Business
|
|
REO-1
|
Research, Engineering and Office
|
|
REO-2
|
Research, Engineering and Office
|
|
REO-3
|
Research, Engineering and Office
|
|
LM
|
Limited Manufacturing
|
|
MR/SI
|
Mountain Residential/Special Industrial
|
|
SSIZ-1
|
Site Specific Inclusionary Zone 1
|
|
SSIZ-2
|
Site Specific Inclusionary Zone 2
|
|
SSIZ-3
|
Site Specific Inclusionary Zone 3
|
|
BMPUD
|
Belle Mead Planned Unit Development
|
[Ord. #96-885, S 2; Ord. #01-1050, S 2; Ord. #02-1072, S
2; Ord. #03-1122, S 2; Ord. #04-1138, S 1; Ord. #06-1219, S 2; Ord.
#11-1399, S 2; Ord. No. 17-1557 § 4]
In addition to the permitted uses within each of the designated
zoning districts, the following eight types of optional development
alternatives are permitted on certain land areas within the Township
of Montgomery in accordance with the applicable requirements of this
chapter:
|
Type of Alternative
|
Where Permitted
|
|---|---|
|
Single-Family Residential Clusters I
|
Within portions of the R-1 and R-2 zoning districts where indicated
on the Zoning Map
|
|
Single-Family Residential Clusters II
|
Within portions of the R-2 zoning district where indicated on
the Zoning Map
|
|
Planned Residential Developments
|
Within portions of the R-1 zoning district where indicated on
the Zoning Map
|
|
Single-Family Conservation Design Subdivisions
|
Within the R-5 and MR zoning districts
|
|
Planned Shopping Complex
|
Within portions of the HC and REO-3 zoning districts where indicated
on the Zoning Map
|
|
Planned Office Complex
|
Within portions of the R-2, REO-2 and REO-3 zoning districts
where indicated on the Zoning Map.
|
|
Planned Behavioral Health Complex
|
Within portions of the MR zoning district where indicated on
the Zoning Map.
|
|
Planned Mixed Use Development
|
Within portions of the ARH, HC and REO-3 zoning district where
indicated on the Zoning Map
|
[Ord. #85-482, S 303; Ord. #87-544, S 1; Ord. #87-570, S
3; Ord. #88-584, S II A; Ord. #88-600, S 1; Ord. #88-601, S 1; Ord.
#89-610, S 2; Ord. #89-612, S 5; Ord. #89-615, S 1; Ord. #90-652,
S 4; Ord. #90-662, S 1; Ord. #90-663, S 3; Ord. #91-728, S 1; Ord.
#92-751, S 1; Ord. #93-781, S 2; Ord. #95-850, S 1; Ord. #96-885,
S 3; Ord. #98-933, S 2; Ord. #98-950, S 1; Ord. #01-1048, S 2; Ord.
#01-1050, S 3; Ord. #03-1119, S 1; Ord. #03-1122, S 1; Ord. #04-1137,
S 1; Ord. #04-1138, S 1; Ord. #06-1219, S 1; Ord. #07-1260 § 1;
Ord. #10-1358, S 2; Ord. #11-1376, S 2; Ord. #11-1399 § 1;
Ord. #12-1423 S 4; Ord. # 14-1477 S 2; Ord. No. 16-1534; Ord. No. 17-1557 § 3]
a.
The boundaries of the zoning districts specified in Subsection 16-3.1 hereinabove and the land areas designated for the optional development alternatives specified in Subsection 16-3.2 also hereinabove are shown and established on the Zoning Map of the Township of Montgomery, dated June 29, 2018, which accompanies and is part of this chapter.
[Ord. #12-1423 S 4; Ord. # 14-1477 S 2; Ord.
No. 17-1557 § 3; amended 7-19-2018 by Ord. No. 18-1584; 7-19-2018 by Ord. No. 18-1585; 7-19-2018 by Ord. No. 18-1586; 9-1-2022 by Ord. No. 22-1688]
b.
Critical Areas Map. Accompanying this chapter for reference purposes
when applying certain of the zoning provisions of this chapter is
the Critical Areas Map, dated August 2007, which generally indicates
those portions of Montgomery Township environmentally encumbered for
development by Special Flood Hazard Areas, Freshwater Wetlands and/or
Slopes 15% and Greater.
In addition to freshwater wetlands, Special Flood Hazard Areas,
and topographic slopes 15% and greater (critical slopes), "critical
areas" also include stream corridors, wetlands transition areas and
any land exhibiting Bowmansville, Cokesbury, Croton, Elkton, Fluvaquents,
Lamington, Parsippany, Parsippany Variant, or Watchung soils (critical
soils).
It is to be noted and emphasized that the information indicated on the Critical Areas Map is appropriate only for general planning purposes and is not to take the place of the specific on-site engineering investigation which is necessary in order to provide the environmental data required to be submitted to Montgomery Township at the time an application is made for the approval of a subdivision, site plan or construction permit and/or is required for any other application which considers the categories of critical areas indicated on the Critical Areas Map and/or in Subsection 16-6.4 of this chapter.
As noted on the Critical Areas Map, the mapped information is
from the following sources and not from any on-site investigations:
1.
Flood Insurance Rate Map for Somerset County, New Jersey (All Jurisdictions)
as shown on Index and panel numbers 34035C0217E, 34035C0227E, 34035C0228E,
34035C0229E, 34035C0231E, 34035C0232E, 34035C0233E, 34035C0234E, 34035C0236E,
34035C0237E, 34035C0238E, 34035C0239E, 34035C0241E, 34035C0242F, 34035C0243E,
34035C0244F, 34035C0253F, 34035C0261F, and 34035C0263F, and having
an effective date of November 4, 2016.
[Ord. No. 16-1534]
2.
Freshwater wetlands were extracted from the New Jersey Department
of Environmental Protection's 2002 Land Use/Land Cover GIS data set.
The Land Use/Land Cover data was mapped from April 2002 one inch equals
200 feet ground scale infrared aerial photographs of the State of
New Jersey. Aerial photography was obtained by the State of New Jersey;
3.
The slopes 15% or greater (critical slopes) were extracted from the
Township's 1996 Digital Elevation Model (DEM). The DEM consists of
ten-foot grid cell size and was interpolated from the Township's 1996
digital terrain model (DTM). The DTM consists of two foot contours
and spot elevations, that were mapped by Promaps, Inc., from April
1996 one inch equals 100 feet ground scale panchromatic aerial photography;
4.
Critical soils were extracted from the United States Department of Agriculture-Natural Resource Conservation Services 1998 SSURGO soils database using soil types detailed in Subsection 16-6.4a; and
5.
Stream corridors were derived from the Montgomery Township Hydrography
Map, dated August 2007, as may be amended from time to time.
c.
Historic
Sites.
[Added 2-6-2020 by Ord. No. 20-1625]
|
Block
|
Lot
|
Historic Site Name
|
|---|---|---|
|
7031
|
1
|
Beekman-Van Doren House
|
|
15001
|
27
|
Tunis Van Middlesworth House
|
|
17001
|
8
|
Henry Drake House
|
|
25001
|
4.01
|
Mt. Zion AME Church
|
[1]
Editor's Note: The Maps are included attachments to this chapter.
[Ord. #85-482, S 304]
a.
Zoning district boundary lines are intended to follow street center
lines, railroad rights-of-way, streams and lot or property lines as
they exist on lots of record at the time of enactment of this chapter
unless otherwise indicated by dimensions on the Zoning Map.
b.
Any dimensions shown on the Zoning Map are in feet and are measured
horizontally and, when measured from a street, are measured from the
street right-of-way line even if the center line of that street is
used for the location of the zoning district line.
c.
The exact location of any disputed zoning district boundary line
shall be determined by the Zoning Board of Adjustment.
d.
The zoning standards, controls and designations apply to every structure,
lot and use within each district and the district lines extend vertically
in both directions from ground level.
[Ord. #85-482, S 305; Ord. #90-663, S 4; Ord. #96-870, S
2; Ord. #2002-1079, S 1]
a.
Airport Hazard Area. As required by the Municipal Land Use Law at N.J.S.A. 40:55D-38b.(8), the boundary of the proposed Airport Hazard Area for Princeton Airport has been delineated pursuant to the Airport Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.) and is shown on the Zoning Map of Montgomery Township. The use and physical development of the lands located within the delineated Airport Hazard Area shall be in accordance with the provisions of this chapter specified within Subsection 16-6.6, Airport Hazard Area, and Subsection 16-6.11, Airports.
b.
Location of Princeton Airport. As required by the Municipal Land
Use Law at N.J.S.A. 40:55D-28 b.(2)(c), the location of the existing
property and the proposed property comprising Princeton Airport are
both shown on the map entitled "New Proposed Site Plan For The Princeton
Airport", which was prepared by D.S. Engineering and which appears
in the 2002 Supplement No. 1 to the Montgomery Township Master Plan.
Specifically, the existing property comprising the airport as of October,
2002 includes the entirety of Lot 57 in Block 34001 as shown on the
Montgomery Township Tax Assessment Maps, revised to October, 2001,
and contains approximately 100 acres. The proposed property to comprise
the airport includes a reduced portion of Lot 57 in Block 34001, and
will contain approximately 92.8 acres.
[Ord. #89-621, S 2; Ord. #92-751, S 2; amended 2-6-2020 by Ord. No. 20-1625]
The boundaries of Historic Districts and the identification of Historic Sites are delineated on the Zoning Map by a screen or overlay referred to on the map as the "Landmarks Preservation Overlay Area." All lands located within the delineated Landmarks Preservation Overlay Area shall be subject to the applicable standards and provisions in Section 16-13 of this chapter. A preservation plan shall be required for any development, alteration, demolition, addition, relocation or change on the lands located within the delineated Landmarks Preservation Overlay Area in accordance with Subsection 16-13.17, except as set forth in Subsection 16-13.17b.
The properties located within the Landmarks Preservation Overlay
Area as of May 1992 are as follows:
|
Properties Located Within the Landmarks Preservation Overlay
Area
|
|
I. River Road Local Historic District
| |
|---|---|
|
Block
|
Lot (as of December 10, 2019)
|
|
7019
|
62
|
|
8001
|
1.01
|
|
8001
|
11
|
|
8001
|
23
|
|
8001
|
23.01
|
|
8001
|
25
|
|
8001
|
26
|
|
8001
|
27
|
|
8001
|
27.01
|
|
8001
|
28
|
|
18019
|
31
|
|
18022
|
34 (portion)
|
|
18022
|
34.03 (portion)
|
|
18022
|
17
|
|
18022
|
18
|
|
18023
|
19
|
|
18023
|
20
|
|
18023
|
21
|
|
18023
|
22
|
|
18023
|
23
|
|
18023
|
24
|
|
18023
|
25
|
|
18023
|
26
|
|
22001
|
20.01 (portion)
|
|
22001
|
20.02
|
|
22001
|
21.01 (portion)
|
|
22032
|
1
|
|
23001
|
8.06
|
|
II. Blawenburg Local Historic District
| |
|---|---|
|
Block
|
Lot (as of December 10, 2019)
|
|
25001
|
27 (portion)
|
|
25001
|
27.01
|
|
25001
|
28.19 (portion)
|
|
25001
|
28.18 (portion)
|
|
25001
|
28.13 (portion)
|
|
25001
|
28.29
|
|
25001
|
29 cemetery
|
|
25001
|
31
|
|
25001
|
32 Elks
|
|
26001
|
1.10 (portion)
|
|
26001
|
2 (portion)
|
|
26001
|
2.01
|
|
26001
|
23
|
|
26001
|
25
|
|
26001
|
26
|
|
26001
|
27
|
|
26001
|
28
|
|
26001
|
29
|
|
26001
|
30
|
|
26001
|
31
|
|
26001
|
32 (church)
|
|
26001
|
33
|
|
26001
|
34
|
|
26001
|
35
|
|
26002
|
5
|
|
26002
|
6
|
|
26002
|
7
|
|
26002
|
8
|
|
26002
|
9
|
|
26002
|
14
|
|
26002
|
15
|
|
26002
|
16
|
|
26002
|
17
|
|
30002
|
1 (portion)
|
|
30002
|
127 (portion)
|
|
30003
|
1.02 (portion)
|
|
32001
|
1 Hobler Park
|
|
32001
|
1.01
|
|
32001
|
2 (portion)
|
|
32001
|
3
|
|
32001
|
3.01
|
|
32001
|
3.02
|
|
32001
|
3.03
|
|
32001
|
4.02
|
|
32002
|
1
|
|
32002
|
2
|
|
32002
|
3
|
|
32002
|
4
|
|
32002
|
5
|
|
32002
|
6
|
|
32002
|
7
|
|
32002
|
8
|
|
32002
|
9
|
|
32002
|
10
|
|
32002
|
10.01
|
|
32002
|
11
|
|
32002
|
12
|
|
32002
|
13
|
|
32002
|
14
|
|
32002
|
15
|
|
32002
|
16
|
|
32002
|
18
|
|
32002
|
19
|
|
32002
|
20
|
|
32002
|
21
|
|
32002
|
22
|
|
32002
|
23
|
|
33001
|
5
|
|
III. Designated Local Historic Sites:
| ||
|---|---|---|
|
Block
|
Lot
|
Historic Site Name
|
|
4001
|
13
|
Gulick/Ditmars
|
|
4001
|
29
|
Charles H. Cook Gentleman's Farm
|
|
4063
|
13
|
Jacob Stryker Hoagland House
|
|
6004
|
17
|
J.S. Hoagland House
|
|
7021
|
50.08
|
John Staats House
|
|
7031
|
1
|
Beekman-Van Doren House
|
|
13001
|
16.05
|
Hendrick Stryker House and Outbuildings
|
|
15001
|
6
|
Lambert Dorland House and Burial Ground
|
|
15001
|
27 (portion)
|
Tunis Van Middlesworth House
|
|
16001
|
11.02
|
Reuben Titus House and Barn
|
|
17001
|
8
|
Henry Drake House
|
|
25001
|
4.01
|
Mt. Zion AME Church
|
|
27001
|
10.01
|
Mayor William Duryea House
|
|
30001
|
1
|
Widow Susannah Lane House
|
|
30004
|
17.01
|
Schneck-Cruser House
|
|
31001
|
194
|
J. Voorhees House
|
|
31008
|
32.01
|
Paul Tulane House
|
|
32001
|
24.05
|
Samuel Tucker House
|
|
NOTE: Where a "portion" of a lot is indicated above, the reader
should consult the Zoning Map and the Landmarks Preservation Overlay
Area for reference. For lots within the River Road Local Historic
District, "portion" refers to that part of a lot fronting on River
Road which measures 200 feet from the center line of River Road. For
lots within the Blawenburg Local Historic District, "portion" refers
to that part of a lot fronting on a public road which measures 200
feet from the center line of said road.
|
[Ord. #85-482, S 400; Ord. #88-584, S III A; Ord. #03-1199,
SS 2, 3]
a.
Unless otherwise specified in this chapter, not more than one principal
dwelling or building shall be permitted on one lot.
b.
No buildings or structures shall hereafter be used, erected, altered,
converted, enlarged, added to, moved or reduced, wholly or in part,
nor shall any land be designed, used or physically altered for any
purpose or in any manner except in conformity with this chapter.
c.
When a lot is formed from part of a lot already occupied by a building,
any subdivision shall be effected in such a manner as not to impair
any of the requirements of this chapter with respect to the existing
building.
d.
No open space provided around any principal building for the purpose
of complying with front, side or rear yard provisions of this chapter
shall be considered as providing the yard provisions for another principal
building.
e.
A twenty-foot setback shall be provided between the foundation of
any building and any "critical areas", conservation easement areas
and/or conservation deed restricted areas, whether existing or required.
[Ord. #85-482, S 402; Ord. #87-570, S 4; Ord. #88-581, S
1; Ord. #88-584, S III B-D; Ord. #88-593, S 1; Ord. #89-607, SS 3-5;
Ord. #89-610, S 3; Ord. #89-635, S 2; Ord. #90-674, S 1; Ord. #90-682,
SS 1, 2; Ord. #90-688, SS 1, 2; Ord. #91-716, SS 2, 3; Ord. #92-759,
S 3; Ord. #92-760, S 1; Ord. #93-781, S 4; Ord. #95-845, S 2; Ord.
#96-885, SS 4-8; Ord. #98-937, S 1; Ord. #98-950, SS 2-5; Ord. #98-953,
S 12; Ord. #01-1050, SS 4 — 7; Ord. #02-1053, SS 1, 2; Ord.
#02-1072, S 1; Ord. #03-1083, S 1; Ord. #04-1138, S 2; Ord. #04-1163,
S 1; Ord. #04-1170, S 1; Ord. #06-1219, S 3; Ord. #11-1399, § 3;
Ord. #12-1418, S 1; Ord. #13-1438; amended 3-21-2019 by Ord. No. 19-1605; 12-17-2020 by Ord. No. 20-1646; 4-18-2024 by Ord. No. 24-1722; 4-18-2024 by Ord. No. 24-1723]
a.
Principal Permitted Uses on the Land and in Buildings.
1.
Farms.
2.
Detached dwelling units.
3.
Public playgrounds, conservation areas, parks and public purpose
uses.
4.
Churches.
5.
Public and private day schools or elementary and/or high school grade
licensed by the State of New Jersey. Day care centers and public or
private nursery schools are expressly prohibited.
6.
Residential Clusters I, where indicated on the Zoning Map, in accordance with the provisions specified in Subsection 16-6.5 of this chapter.
7.
Residential Clusters II, where indicated on the Zoning Map, in accordance with the provisions specified in Subsection 16-6.5 of this chapter.
8.
Planned residential developments, where indicated on the Zoning Map, in accordance with the provisions specified in Subsection 16-6.5 of this chapter.
9.
Community residences for the developmentally disabled and community shelters for victims of domestic violence, subject to the standards and requirements for single-family detached dwelling units located within the same district; however, such residence or shelter which houses more than six persons, excluding resident staff, shall be deemed a conditional use under N.J.S.A. 40:55D-67 and shall be subject to the standards specified in Subsection 16-6.1.
10.
Veterinary clinics for small household pets, with no boarding facilities except as ancillary to the medical use, as conditional uses under N.J.S.A. 40:55D-67, provided that the subject lot is located within the R-2 District only and is a corner lot at least 2 1/2 acres in area with frontage on Route 206 and an intersecting collector public road as shown on the Traffic Circulation Plan Element portion of the Township Master Plan (See Subsection 16-6.1, Conditional Uses, and specifically Subsection 16-6.1q for the required conditions for veterinary clinics for small household pets).
11.
Single-family conservation design subdivisions in the R-5 and MR zoning districts only, and in accordance with the provisions specified in Subsection 16-6.5g.
12.
A portion of a Planned Office Complex only on that portion of the R-2 District where indicated on the Zoning Map, and in accordance with the provisions specified in Subsection 16-6.5i of this chapter.
b.
Accessory Uses Permitted.
2.
One private residential storage shed not exceeding 15 feet in height
and 0.35% lot coverage, provided that in no case shall such a shed
have a lot coverage of more than 400 square feet.
3.
Recreational facilities (e.g. tennis courts, basketball backboards,
cabanas, etc.) and landscaping features (e.g. benches, trellises,
gazebos, etc.) as such facilities and features are customarily associated
with detached single-family dwelling units.
8.
Underground sprinkler systems, provided the spray therefrom is not
projected outside of the lot or street lines.
9.
In conjunction with a farm only one roadside stand offering for sale produce harvested on the farmed premises or elsewhere in the Township, provided the stand is set back at least 15 feet from the street line and has no more than one sign the size of which may not exceed eight square feet. See the definition of farm in Subsection 16-2.1 for additional permitted accessory farm uses.
c.
Maximum building height. No principal building shall exceed 35 feet in height, except that churches and schools shall not exceed 50 feet in height, and except as further allowed in Subsection 16-6.2 of this chapter.
d.
Area and yard requirements for uses within the MR, R-5, R-2, R-1
and R Districts.
|
Single-Family Detached Dwellings
| ||||||
|---|---|---|---|---|---|---|
|
MR [1] [2] [2A] [3] [4] [5] [12]
|
R-5 [1] [4] [5] [12]
|
R-2 [1] [6] [7] [12]
|
R-1
|
R
|
Churches and Schools
| |
|
Principal Building Minimum
| ||||||
|
Lot area (acres) [8]
|
10
|
5
|
2 [9]
|
1 [9]
|
1/2
|
5
|
|
Lot frontage (feet)
|
350
|
300
|
200 [9]
|
150 [9]
|
100
|
300
|
|
Lot width (feet)
|
350
|
300
|
200 [9]
|
150 [9]
|
100
|
300
|
|
Lot depth (feet)
|
750
|
500
|
300 [9]
|
200 [9]
|
150
|
600
|
|
Side yard (each) (feet)
|
100
|
75
|
40
|
30
|
20
|
100
|
|
Front yard (feet)
|
100
|
75
|
75 [9]
|
50 [9]
|
50
|
100
|
|
Rear yard (feet)
|
100
|
100
|
75
|
50
|
35
|
100
|
|
Accessory Building Minimum [10]
| ||||||
|
Distance to side line (feet)
|
50
|
50
|
30
|
15
|
15
|
50
|
|
Distance to rear line (feet)
|
50
|
50
|
30
|
15
|
15
|
50
|
|
Distance to other building (feet) [11]
|
20
|
20
|
20
|
20
|
20
|
50
|
|
Maximums
| ||||||
|
Building coverage of principal building
|
7%
|
8%
|
10%
|
10%
|
15%
|
8%
|
|
Aggregate building coverage of accessory building(s)
|
2%
|
2%
|
3%
|
3%
|
4%
|
N.A.
|
|
Lot coverage [13]
|
10%
|
15%
|
15%
|
15%
|
25%
|
20%
|
|
Footnotes to Subsection 16-4.2d:
| |
|
[1]
|
All lawfully created lots in the MR and R-5 Districts existing
prior to June 27, 1974, having an area of at least 1 but less than
3 acres, and all lawfully created lots in the R-2 District existing
prior to August 15, 1998, having an area of at least 1 acre but less
than 2 acres, shall be permitted to be developed with a single-family
detached dwelling in accordance with the R-1 District requirements.
|
|
[2]
|
All lawfully created lots in the MR District having an area
of at least 3 acres but less than 5 acres since June 27, 1974, and
all lawfully created lots in the R-5 District having an area of at
least 3 acres but less than 5 acres, shall be permitted to be developed
with a single-family detached dwelling in accordance with the following
requirements, provided that Footnotes [9], [11] and [12] hereinbelow
shall apply:
|
|
Principal Building Minimum
| |
|
Lot area (acres)
|
3
|
|
Lot frontage (feet)
|
200
|
|
Lot width (feet)
|
200
|
|
Lot depth (feet)
|
300
|
|
Side yard (each) (feet)
|
50
|
|
Front yard (feet)
|
75
|
|
Rear yard (feet)
|
100
|
|
Accessory Building Minimum
| |
|
Distance to side line (feet)
|
50
|
|
Distance to rear line (feet)
|
50
|
|
Distance to other building (feet)
|
20
|
|
Maximum
| |
|
Building coverage of principal building
|
10%
|
|
Aggregate building coverage of accessory building(s)
|
3%
|
|
Lot coverage
|
15%
|
|
[2A]
|
All lawfully created lots in the MR District existing prior
to June 27, 1974, having an area of at least 5 acres but less than
10 acres shall be permitted to be developed with a single-family detached
dwelling in accordance with the R-5 District requirements.
| ||||||||||||
|
[3]
|
All lawfully existing detached single-family dwellings located
in the MR District situated on lawfully existing lots having an area
of at least 5 acres but less than 10 acres shall meet the requirements
specified in this chapter for detached single-family dwellings in
the R-5 District.
| ||||||||||||
|
[4]
|
All lawfully existing detached single-family dwellings located
in either the MR District or the R-5 District situated on lawfully
existing lots having an area of at least 3 acres but less than 5 acres
shall meet the requirements specified in Footnote [2] hereinabove.
| ||||||||||||
|
[5]
|
All lawfully existing detached single-family dwellings located
in either the MR District or the R-5 District situated on lawfully
existing lots having an area of at least 1 acre but less than 3 acres
shall meet the requirements specified in this chapter for detached
single-family dwellings in the R-1 District.
| ||||||||||||
|
[6]
|
All lawfully existing detached single-family dwellings located
in the R-2 District situated on lawfully existing lots having an area
of at least 1 acre and but less than 2 acres shall meet the requirements
specified in this chapter for detached single-family dwellings in
the R-1 District.
| ||||||||||||
|
[7]
|
Any land within the R-2 District which was within the R-1 District
as of August 15, 1998, and which was included in the sanitary sewer
service area of the Montgomery Township Wastewater Management Plan
as amended through November 13, 1997, may be developed in accordance
with the requirements specified in this chapter for detached dwellings
in the R-1 District, provided that the proposed lots are served by
sanitary sewers, and provided further that all other necessary permits
and approvals for construction of a single-family detached dwelling
are secured in the usual manner.
| ||||||||||||
|
[8]
|
A contiguous land area of at least 43,560 square feet (1 acre)
within any existing or proposed lot in the R-1, R-2, R-5 and/or MR
Zoning District proposed for the development of a residential dwelling
shall meet the following design criteria in order to reasonably ensure
that an adequate carrying capacity exists on the lot to locate and
support a detached single-family dwelling, its related accessory buildings
and structures and, as applicable, any septic system, reserve septic
system area and/or potable water well:
| ||||||||||||
|
[a]
|
The 43,560 square feet of land shall be contiguous acreage which
shall not include any of the following:
| ||||||||||||
|
[i]
|
Any freshwater wetlands, wetlands transition areas, 100-year
floodplains and/or topographic slopes 15% or greater, except that
the following shall be permitted to be located within the required
43,560-square-foot land area:
| ||||||||||||
|
[aa]
|
Isolated freshwater wetlands which have been approved for filling
by the New Jersey Department of Environmental Protection (NJDEP);
| ||||||||||||
|
[bb]
|
Areas exempted as wetlands transition areas as approved by the
NJDEP; and/or
| ||||||||||||
|
[cc]
|
Insignificant areas of topographic slopes 15% or greater which
are permitted to be regraded by the Planning Board or by the Zoning
Board of Adjustment, as the case may be;
| ||||||||||||
|
[ii]
|
Any land exhibiting the Bowmansville, Cokesbury, Croton, Elkton,
Fluvaquents, Lamington, Parsippany, Parsippany Variant, Urban Land
or Watchung soils;
| ||||||||||||
|
[iii]
|
Any land on the subject residential lot utilized for a detention
or retention basin; and
| ||||||||||||
|
[iv]
|
Any land within a stream corridor designated in accordance with
the regulations of Montgomery Township and/or the regulations of the
Delaware Raritan Canal Commission (DRCC).
| ||||||||||||
|
[b]
|
The 43,560 square feet of land shall be appropriately situated
for the location and construction of the detached single-family dwelling,
its related accessory buildings and structures and, as applicable,
the primary septic system, the reserve septic system area and/or the
potable water well serving the lot.
| ||||||||||||
|
[c]
|
Additionally, the 43,560 square feet of land shall be shaped
to permit the inscription of either a rectangle with 1 dimension of
at least 125 feet and at least 30,000 square feet in area, or a circle
with a diameter of at least 200 feet (the circle will be approximately
31,400 square feet) within its bounds.
| ||||||||||||
|
[d]
|
Should a landowner be unable to provide the required land area
in accordance with the provisions noted hereinabove, the landowner
may apply to the Planning Board for a waiver of the required design
criteria and shall provide the following information to the Board
supporting the waiver request and justifying that sufficient carrying
capacity exists on the subject lot for the location and construction
of a detached single-family dwelling, its related accessory buildings
and structures and, as applicable, the primary septic system, the
reserve septic system area and/or the potable water well serving the
lot; the information shall be shown on a plan prepared by a New Jersey
licensed professional engineer at a scale not greater than 1 inch
equals 50 feet (1" = 50'):
| ||||||||||||
|
[i]
|
The location and extent of any of the environmentally critical
factors noted in Subsection [8] [a] of this footnote hereinabove;
| ||||||||||||
|
[ii]
|
The location and maximum footprint of the proposed single-family
detached dwelling and any detached garage;
| ||||||||||||
|
[iii]
|
The location of the approved septic system, reserve septic system
and/or potable water well;
| ||||||||||||
|
[iv]
|
The maximum limits of any clearing or disturbance of the site;
and
| ||||||||||||
|
[v]
|
A fee of $1,000 for the review of the submitted information
by the Board's professional consultants.
| ||||||||||||
|
[9]
|
Special provisions for lots in either the R-1 or R-2 District
abutting either Route 206 (Van Horne Road), a service road, a major
collector road, a scenic collector road or a minor collector road,
with or without driveway access to said road:
| ||||||||||||
|
[a]
|
For lots abutting Route 206 in the R-2 District, the following
minimum provisions shall apply:
| ||||||||||||
|
Lot area (acres)
|
3
| ||||||||||||
|
Lot frontage* (feet)
|
250
| ||||||||||||
|
Lot width (feet)
|
250
| ||||||||||||
|
Lot depth* (feet)
|
400
| ||||||||||||
|
Front yard setback* (feet)
|
200
| ||||||||||||
|
* Along or from Route 206.
| |||||||||||||
|
[b]
|
For lots abutting a service road, a major collector road or
a scenic collector road, the following minimum provisions shall apply:
| ||||||||||||
|
R-2
|
R-1
| ||||||||||||
|
Abutting with Driveway Access
|
Abutting with No Driveway Access
|
Abutting with Driveway Access
|
Abutting with No Driveway Access
| ||||||||||
|
Lot Area (acres)
|
3 1/2
|
3
|
2 1/2
|
2
| |||||||||
|
Lot frontage* (feet)
|
275
|
250
|
225
|
200
| |||||||||
|
Lot width (feet)
|
275
|
250
|
225
|
200
| |||||||||
|
Lot depth* (feet)
|
450
|
400
|
350
|
300
| |||||||||
|
Front yard setback* (feet)
|
125
|
125
|
125
|
125
| |||||||||
|
* Along or from the service road, major collector
road or scenic collector road.
| |||||||||||||
|
[c]
|
For lots abutting a minor collector road, the following minimum
provisions shall apply:
| ||||||||||||
|
R-2
|
R-1
| ||||||||||||
|
Abutting with Driveway Access
|
Abutting with No Driveway Access
|
Abutting with Driveway Access
|
Abutting with No Driveway Access
| ||||||||||
|
Lot Area (acres)
|
3
|
2 1/2
|
2
|
1 1/2
| |||||||||
|
Lot frontage* (feet)
|
250
|
225
|
200
|
175
| |||||||||
|
Lot width (feet)
|
250
|
225
|
200
|
175
| |||||||||
|
Lot depth* (feet)
|
400
|
350
|
300
|
250
| |||||||||
|
Front yard setback* (feet)
|
100
|
100
|
100
|
100
| |||||||||
|
* Along or from the minor collector road.
| |||||||||||||
|
[d]
|
These provisions (Footnote [9]) are not applicable to existing
lots in the R-1 or R-2 District with existing single-family detached
dwellings situated thereon, nor are these provisions applicable to
any existing vacant lot which abuts Route 206, a service road, a major
collector road, a scenic collector road or a minor collector road
and is undersized compared to the requirements specified herein, provided
said lot has previously been approved by the Montgomery Township Planning
Board or Zoning Board of Adjustment since June 27, 1974. Moreover,
there are no special lot size and dimension requirements for any lot
fronting or abutting residential boulevards, rural collectors, suburban
locals, rural locals or alleys.
| ||||||||||||
|
[e]
|
Diagrammatic example of Footnote [9] using the R-1 District
with a major collector road intersecting a suburban local road:
| ||||||||||||
 | |||||||||||||
|
[10]
|
These minimum requirements shall not apply to underground sprinkler
systems.
| ||||||||||||
|
[11]
|
There shall be no minimum separation requirement between a swimming
pool and a principal dwelling.
| ||||||||||||
|
[12]
|
Intentionally omitted.
| ||||||||||||
|
[13]
|
An additional 4% lot coverage is permitted on a lot less than two acres in area for a private residential in-ground swimming pool, including all buildings, structures and equipment appurtenant thereto, provided that stormwater management best management practices (BMPs) are constructed and maintained on the lot to address stormwater quantity impacts for minor developments, or stormwater quantity, quality, and/or groundwater recharge impacts for major developments, in accordance with Subsection 16-5.2. The specific BMP designs shall be subject to the review and approval of the Township Engineer. BMPs shall be installed prior to the construction of the additional lot coverage unless otherwise approved by the Township Engineer. In any case, the BMPs shall be constructed prior to issuance of a certificate of approval or certificate of occupancy for the proposed development. easements or deed restrictions to insure the BMPs are retained and maintained may be required. Additionally, the fencing around the pool shall have its finished side facing adjacent properties, and, if opaque, landscaping shall be provided and maintained on the outside of the fenced area as approved by the Township Landscape Architect.
| ||||||||||||
e.
Minimum Off-Street Parking. Each individual use shall provide parking
spaces according to the following minimum provisions. No parking area
or driveway shall be located within 10 feet of any property line.
1.
Dwelling units shall provide two spaces per dwelling unit.
2.
Churches shall provide one space per every five permanent seats.
(One seat shall be considered 22 inches in calculating the capacity
of pews or benches.)
3.
Schools shall provide one space per employee for grades kindergarten
through tenth (K-10) grades, 2 1/2 spaces per employee for grades
11 and 12, and in all cases sufficient space for school bus loading
and unloading.
4.
Any use having access only from a collector street as shown on the
adopted Master Plan shall provide an on-site paved or graveled turnaround
area.
f.
Permitted Signs.
1.
Each principal permitted residential use may have one attached sign
not exceeding two square feet in area.
2.
Each principal permitted public or quasi-public use may have:
(a)
One freestanding sign along each road which the property abuts
provided that there is at least 300 feet of unbroken frontage, provided
that the sign shall not exceed 25 square feet in area and eight feet
in height and is set back at least 10 feet from any street right-of-way
line and 25 feet from any other property line; plus
(b)
One attached sign not exceeding 25 square feet in area.
[Ord. #85-482, S 403, Ord. #88-593, S III E-G; Ord. #89-607,
SS 6, 7; Ord. #89-635, S 3; Ord. #390-674, S 2; Ord. #92-759, S 3;
Ord. #95-845, S 2; Ord. #04-1170, S 2; Ord. #12-1418, S 2]
a.
Principal Permitted Uses on the Land and in Buildings.
1.
Detached single-family dwelling units.
2.
Public playgrounds, conservation areas, parks and public purpose
uses.
3.
Churches.
4.
Community residences for the developmentally disabled and community shelters for victims of domestic violence, subject to the standards and requirements for single-family detached dwelling units located within the same district; however, such residence or shelter which houses more than six persons, excluding resident staff, shall be deemed a conditional use under N.J.S.A. 40:55D-67 and shall be subject to the standards specified in Subsection 16-6.1.
b.
Accessory Uses Permitted.
2.
One private residential tool shed not to exceed 150 square feet in
area and 15 feet in height.
3.
Recreational facilities, customarily associated with detached single-family
dwelling units.
8.
Underground sprinkler systems, provided the spray therefrom is not
projected outside of the lot line or street lines.
c.
Maximum Building Height. No principal building shall exceed 35 feet in height except that churches shall not exceed 50 feet in height, and except as further allowed in Subsection 16-6.2 of this chapter.
d.
Area and Yard Requirements.
|
Detached Single Family Dwelling Units
|
Churches
| |
|---|---|---|
|
Principal Building Minimum
| ||
|
Lot areas
|
1/4 ac. (10,890 sf.) (1)
|
5 ac.
|
|
Lot frontage
|
50'
|
300'
|
|
Lot width
|
50'
|
300'
|
|
Lot depth
|
100'
|
600'
|
|
Side yard (each)
|
10'
|
100'
|
|
Front yard
|
10'
|
100'
|
|
Rear yard
|
20'
|
100'
|
|
Accessory building
Minimum (2)
| ||
|
Distance to side line
|
5'
|
50'
|
|
Distance to rear line
|
10'
|
50'
|
|
Distance to other bldg. (3)
|
20'
|
50'
|
|
Maximum
| ||
|
Bldg. coverage of principal bldg.
|
20%
|
8%
|
|
Aggregate bldg. coverage of accessory bldg(s).
|
6%
|
20%
|
|
NOTES:
| |
|
(1)
|
All detached buildings located in the VN District at the time
of the adoption of this chapter on lots between 7,000 square feet
and 10,890 square feet in area shall have a minimum lot size requirement
of 7,000 square feet.
|
|
(2)
|
These minimum requirements shall not apply to underground sprinkler
systems.
|
|
(3)
|
There shall be no minimum separation requirement between a swimming
pool and principal dwelling.
|
e.
Minimum Off-Street Parking. Each individual use shall provide parking
spaces according to the following minimum provisions. No parking area
or driveway shall be located within five feet of any property line.
f.
Permitted Signs.
1.
Each principal permitted residential use may have one attached sign
not exceeding two square feet in area.
2.
Each principal permitted public or quasi-public use may have:
(a)
One freestanding sign along each road which the property abuts
provided that there is at least 300 feet of unbroken frontage, provided
that the sign shall not exceed 25 square feet in area and eight feet
in height and is set back at least 10 feet from any street right-of-way
line and 25 feet from any other property line; plus.
(b)
One attached sign not exceeding 25 square feet in area.
[Ord. #85-482, S 404; Ord. #85-489, SS 1A, IB; Ord. #88-584,
S III H-J; Ord. #88-602, S 2; Ord. #89-607, S 8; Ord. #90-674, S 2;
Ord. #95-845, S 2; Ord. #04-1170, S 3; Ord. #12-1418, S 3]
a.
Principal Permitted Uses on the Land and in Buildings.
3.
Public playgrounds, conservation areas, parks and public purpose
uses.
4.
Public utility uses as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1 for standards).
5.
Retail sales of goods and services on lots between 30,000 square feet and 35,000 square feet in area, provided that the lot is created and approved by the Township simultaneously with the approval of an APT/TH development, and providing further that all other area and yard requirements specified in Subsection 16-4.5d for Individual Uses in the HC District are met, and that all requirements specified in Subsections 16-4.5b, 16-4.5c, 16-4.5f, 16-4.5g and 16-4.5h for uses in the HC District.
b.
c.
Maximum Building Height.
[Amended 7-16-2020 by Ord. No. 20-1642]
1.
No apartment
building shall exceed 35 feet in height and 3 1/2 stories as measured
from the proposed finished grade.
2.
No townhouse
building shall exceed 35 feet in height and 3 stories as measured
from the proposed finished grade.
3.
No other
principal building, including any retail building or recreation center
building or clubhouse shall exceed 35 feet in height and 2 1/2 stories
as measured from proposed finished grade.
4.
No accessory
building shall exceed 15 feet in height and 1 1/2 stories.
d.
Maximum Number of Dwelling Units Permitted. The maximum number of
dwelling units within an APT/TH development shall be computed on the
basis of eight dwelling units per acre of non-critical lands, plus
a transfer of an additional one-fifth dwelling unit per acre from
the critical lands to the non-critical lands. It is the specific intent
of this chapter that no structure be constructed on any critical lands
within an APT/TH development.
e.
Area and Distance Requirements.
1.
The minimum tract size shall be 15 acres. A minimum of 300 feet of
frontage on one arterial or collector street shall be required.
2.
Minimum distance between townhouse and apartment buildings shall
be measured horizontally in feet and shall be measured away from the
front, side and rear of each building. The total minimum separation
between the buildings shall be the sum of the two abutting distances.
The minimum distances shall be 25 feet for the front of a building
on a public street and 10 feet for the front of a building on a private
street; 15 feet for the side of a building and 25 feet for the rear
of a building. No portion of any building shall be closer to any portion
of any other building than the combined distances of the abutting
requirements for each building, providing that the corner of a building
off-set more than a 20° angle from a line drawn parallel to another
building shall be considered a side of building. In addition, no building
shall be located closer than 50 feet from the right-of-way line of
any arterial street, 40 feet from the right-of-way line of any collector
street, 25 feet from the right-of-way line of any local street, or
10 feet from any private road or parking area.
4.
A minimum buffer area of 100 feet in width shall be provided adjacent to Van Horn Brook, between the Millstone River to the east and Princeton Avenue to the west. The aforesaid buffer shall be designed for passive recreational use and shall be part of the common open space requirements specified in Subsection 16-6.5d of this chapter.
5.
All portions of the tract not utilized by buildings or paved surfaces
shall be landscaped, utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage, and the planting of conifers and/or deciduous trees native
to the area in order to either maintain or reestablish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved areas.
f.
Minimum Off-Street Parking. Each individual use shall provide parking
spaces according to the following minimum provisions:
1.
Townhouses and apartments shall provide 1 1/2 spaces for each
dwelling unit consisting of one bedroom or less and two spaces for
each dwelling unit consisting of more than one bedroom. Each one car
garage space and the driveway leading to the garage space shall, together,
be considered 1 1/2 parking spaces.
g.
Minimum Off-Street Loading. Adequate trash and garbage pick-up stations
shall be provided within a totally enclosed container located in a
manner to be obscured from view from parking areas, streets and adjacent
residential uses by a fence, wall, planting or combination of the
three. Such stations shall be located a minimum of 30 feet from residential
structures.
h.
Permitted Signs.
1.
Each APT/TH development and each principal permitted nonresidential
use may have one freestanding sign along each abutting arterial or
collector road which provides vehicular access to the development,
provided there exists at least 250 feet of unbroken frontage. Such
signs shall not exceed six feet in height, shall be set back at least
10 feet from any street right-of-way lines and driveways and 25 feet
from any other property line, and shall not exceed an area of 25 square
feet and shall be used to display the development's name.
2.
Each principal permitted nonresidential use also may have one attached
sign not exceeding 20 square feet in area.
i.
Common Open Space Requirements. See Subsection 16-6.5d for standards, requirements and guidelines.
j.
Low- and Moderate-Income Housing Requirements.
1.
At least 20% of the total number of residential dwellings within
an APT/TH development shall be subsidized or otherwise made affordable
to low- and moderate-income households as discussed and defined in
the Mt. Laurel II Supreme Court Decision (So. Burlington Cty. N.A.A.C.P.
v. Mt. Laurel Tp., 92 N.J. 158 (1983)).
[Ord. #85-482, S 405; Ord. #88-584, S III K-N; Ord. #90-674,
S 2; Ord. #92-746, SS 2, 3; Ord. #95-945, S 2; Ord. #98-932, S 1;
Ord. #98-933, S 3; Ord. #04-1170, S 4; Ord. #07-1243, S 2; Ord. #11-1375,
SS 1,2; Ord. #12-1418, S 4]
a.
Principal Permitted Uses on the Land and in Buildings.
1.
Retail sales of goods and services.
2.
Banks, including drive-in facilities.
3.
Offices and office buildings.
4.
Restaurants.
5.
Child care centers licensed by the Department of Human Services pursuant
to P.L. 1983, c. 492 (C. 30:5B-1 et seq.).
6.
Small animal hospitals within a neighborhood shopping village only,
excluding outside facilities and kennels.
7.
Neighborhood shopping villages comprised of some or all of the preceding uses, plus the required addition of residential flats which are to be located within the 1 1/2 stories above the permitted uses located on the first floor in accordance with the provisions specified in Subsection 16-4.5e hereinbelow.
b.
Accessory Uses Permitted.
2.
Off-street loading (See Subsection 16-4.5i hereinbelow for the specific off-street loading requirements for the NC District).
3.
Fences and walls (See Subsection 16-5.3 of this chapter for the design requirements for fences, walls, sight triangles and guiderails).
5.
Garages and storage buildings.
7.
Temporary construction trailers and one temporary sign not exceeding
32 square feet in area, either attached to the trailer or freestanding,
which advertises the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a construction permit and ending with
the issuance of a certificate of occupancy or one year, whichever
time period is less. The temporary construction trailer(s) and temporary
sign shall be located on the site where the construction is taking
place and shall be set back at least 30 feet from all lot lines and
from the right-of-way lines of all existing and proposed streets.
There shall be at least one operating telephone within the trailer.
9.
Small wind, solar or photovoltaic energy systems for the production of electric energy to serve the principal permitted use on the lot, provided the applicable requirements in Subsection 16-6.10 are met.
10.
Unconnected drive-in bank building/structure, provided the following
requirements are met:
[Added 3-21-2019 by Ord.
No. 19-1604]
(a)
The floor area/footprint of the unconnected bank drive-in, measured
as the horizontal area of the smallest rectangle that can encompass
the building/structure, or combination of both, shall not exceed 20%
of the total floor area of the main bank building.
(b)
The bank drive-in building/structure shall be located in a rear
yard.
(c)
No parking area(s) located on the lot, which provide parking
for the bank, shall be located in a front yard.
(d)
The bank drive-in building/structure shall comply with the bulk
and spatial regulations for accessory buildings/structures in the
zone in which it is located.
c.
Maximum Building Height.
1.
Principal Buildings. No principal building shall exceed 30 feet and 2 1/2 stories in height, except that a principal building in which residential flats are located shall not exceed 35 feet in height, and except as further allowed in Subsection 16-6.2b of this chapter, the General Exceptions and Modifications for height limits.
2.
Accessory Buildings. No accessory building shall exceed 25 feet in
height and two stories unless a lower height is required in accordance
with other provisions of this chapter.
d.
Area and Yard Requirements.
|
Principal Building Minimum Requirements
|
Individual Uses
|
Neighborhood Shopping Villages
|
|---|---|---|
|
Lot area
|
1/4 ac (10,890 sf)
|
3 1/3 ac (145,200 sf)
|
|
Lot frontage
|
100 feet
|
550 feet (1)
|
|
Lot width
|
100 feet
|
550 feet
|
|
Lot depth
|
100 feet
|
240 feet
|
|
Front yard
|
15 feet
|
40 feet
|
|
Side yard (each)
|
15 feet
|
40 feet (2)
|
|
Rear yard
|
20 feet
|
40 feet
|
|
Accessory Building Minimum Requirements
|
Individual Uses
|
Neighborhood Shopping Villages
|
|---|---|---|
|
Distance to front lot line
|
15 feet
|
65 feet
|
|
Distance to side lot line
|
10 feet
|
40 feet (2)
|
|
Distance to rear lot line
|
10 feet
|
40 feet
|
|
Accessory Building Minimum Requirements
|
Individual Uses
|
Neighborhood Shopping Villages
|
|
Distance to other building
|
15 feet
|
30 feet
|
|
Floor Area and Coverage Maximum Requirements
|
Individual Uses
|
Neighborhood Shopping Villages
|
|---|---|---|
|
Floor area ratio (F.A.R.)
|
0.20
|
0.15(3)
|
|
Building coverage
|
15%
|
10%
|
|
Lot coverage
|
55%
|
45%
|
|
Footnotes for Subsection 16-4.5d hereinabove
| |
|
(1)
|
The minimum 550 feet of frontage must be along either Route
518 or Route 206.
|
|
(2)
|
Except that the side yard setback shall be 70 feet from any
common property line with a residential zoning district.
|
|
(3)
|
The permitted 0.15 Floor Area Ratio (F.A.R.) shall be comprised both of the permitted nonresidential uses to be located only on the first floor and required residential flats to be located within the 1 1/2 stories above the permitted nonresidential uses in accordance with the provisions specified within Subsection 16-4.5e hereinbelow. The F.A.R. of the permitted nonresidential uses on the first floor shall not exceed 0.1 and the F.A.R. of the required residential flats within the 1 1/2 stories above the permitted nonresidential uses shall not exceed 0.05.
|
e.
Requirements for the Required Residential Flats Within a Neighborhood
Shopping Village.
1.
Residential flats are required within a neighborhood shopping village
and shall be located within the 1 1/2 stories above the permitted
nonresidential uses on the first floor.
2.
Residential flats must occupy a gross floor area equivalent to between
1/3 and 1/2 of the total gross floor area within the first floors
of all buildings within the Neighborhood Shopping Village.
3.
Each residential flat shall have access via an internal hallway within
the building, and all access stairways also shall be enclosed within
the building.
4.
Each residential flat shall contain one bedroom only, and any "den,"
"studio" or other such room shall not have either a door or a closet.
The minimum net habitable floor area of a one bedroom unit shall be
600 square feet.
f.
Requirements for all Buildings Within the NC District.
1.
All buildings within the NC District shall have a dual pitched, single
ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum
pitch of one foot vertical to eight feet horizontal, and no flat roof
shall be permitted; provided, however, that where roof mounted equipment
is necessary and/or preferable for the operation of the building,
a facade roof treatment exhibiting the appearance of such a dual pitched,
single ridge roof may be permitted if specifically approved by the
Planning Board or Zoning Board of Adjustment, as the case may be,
as part of a submitted site plan application for development.
2.
All portions of all buildings shall be compatibly designed with a
common architectural motif, whether constructed at one time or in
stages over a period of time. The architectural design and material
surface and color of all building walls on all sides of all buildings
shall be suitably finished for aesthetic purposes in a manner consistent
with the surface materials existing within the neighborhood.
3.
Any principal building may contain more than one principal use, provided that the total floor area ratio and lot coverage of the combined uses does not exceed the maximum requirements specified in Subsection 16-4.5d hereinabove and, furthermore, that each use occupies a minimum gross floor area of 750 square feet.
4.
No building in the NC District shall exceed 5,000 square feet of
gross floor area, whether located as the only building on a lot or
located with other buildings on a lot as part of a permitted neighborhood
shopping village, except that the 5,000 square foot restriction shall
not include the floor area devoted to the required residential flats
in a building within a neighborhood shopping village.
5.
More than one principal building shall be permitted only on a lot
specifically approved by the Planning Board for a permitted neighborhood
shopping village provided that, to the extent practicable, the placement
of the buildings shall be staggered, with varying building setbacks
and with the orientation of the buildings situated at angles to one
another and/or otherwise designed to promote a non-linear appearance.
g.
General Requirements for the NC District.
1.
No merchandise, products, equipment or similar material and objects
shall be displayed or stored outside.
2.
Solid waste not stored within a building may be stored outside within
an enclosed container as specifically approved by the Planning Board
or Zoning Board of Adjustment, as the case may be, and in accordance
with the recycling requirements of Somerset County.
3.
All portions of a lot not covered by buildings or structures (e.g.,
parking lots, parking spaces, loading areas, access aisles, driveways,
sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably
landscaped with grass, shrubs, and trees and shall be maintained in
good condition. In any case, no less than 45% of the area of any lot
developed with an individual use and no less than 55% of the area
of any lot developed with a neighborhood shopping village shall be
so landscaped, and the landscaped area may include approved detention
and/or retention basins and approved septic fields.
4.
Within the side and rear yard setback areas, a minimum buffer screening
shall be required along any common property line with a residential
zoning district in accordance with the following:
(a)
For individual uses, the buffer screening shall be at least
10 feet in width;
(b)
For neighborhood shopping villages, the buffer screening shall
be at least 25 feet in width;
(c)
The buffer screening shall consist of densely planted evergreen
trees at least six feet high at time of planting and spaced no more
than 10 feet apart on-center; and
(d)
No parking area, loading area, driveway or structure, except
for approved accessways and fencing integrated with the landscaping
plan and as approved by the Board, shall be permitted within the required
area for the buffer screening.
5.
Within the NC District, no parking, loading area, driveway or other
structure (except for approved accessways and fencing) shall be permitted
within 10 feet of any property line and in the front yard area between
the street and principal building, except that parking may be permitted
in the front yard area for individual uses only (not for neighborhood
shopping villages) in accordance with the following:
(a)
The Planning Board or Zoning Board of Adjustment, as the case
may be, may approve off-street parking in front yard areas for individual
uses only where the existing development on the subject property (e.g.,
an existing building set back an excessive distance from the abutting
street right-of-way) creates a practical difficulty in locating the
required off-street parking in rear and/or side yard areas;
(b)
A minimum parking setback of 20 feet to any street line shall
be provided, where feasible, and shall be planted and maintained in
lawn area or ground cover and shall be landscaped with trees and shrubbery
as approved by the Board; and
(c)
When approving the location of off-street parking in front yard
areas for individual uses, the reviewing Board must find that parking
may be located within the front yard area without adversely affecting
neighboring properties.
h.
Minimum Off-Street Parking. Each individual use shall provide parking
spaces according to the following minimum provisions. Where a permitted
use of land includes different specific activities with different
specific parking requirements, the total number of required parking
spaces shall be obtained by computing individually the parking requirements
for each different activity and adding the resulting numbers together.
1.
Retail sales and service uses, banks, offices and small animal hospitals
shall provide parking at the ratio of one parking space per 200 square
feet of gross floor area or part thereof. Additionally, drive-in banks
shall provide room for at least 12 automobiles per drive-in window
for queuing purposes.
2.
Restaurants shall provide one parking space for every three seats,
but in all cases, a sufficient number of spaces to prevent any parking
along public rights-of-way or private driveways, fire lanes and aisles.
3.
Child care centers shall provide parking at a ratio of one parking
space per employee plus one additional parking space for every eight
children. Adequate spaces shall be provided for the loading and unloading
of children which shall take place on-site and not in the public right-of-way.
4.
Residential flats shall provide parking at the ratio of one parking
space per dwelling unit, with the understanding that there will be
some shared parking between the residential flats and the permitted
nonresidential uses.
5.
Parking areas for individual uses shall be designed to be interconnected
with adjacent properties and shall utilize common entrance(s) and
exit(s), where feasible, to minimize access points to the street.
i.
Off-Street Loading.
1.
Each principal building or group of buildings shall provide at minimum
one off-street loading space at the side or rear of the building or
within the building. Any loading dock space shall be at least 15 feet
in width by 40 feet in length with adequate ingress and egress from
a public street and with adequate space for maneuvering. Additional
spaces may be necessary and required dependent upon the specific activity.
There shall be no loading or unloading from the street.
2.
There shall be at least one trash and garbage pick-up location within
convenient access to the building being served, including provisions
for the separation and collection of recyclable materials in accordance
with the recycling requirements of Somerset County and in accordance
with the following:
(a)
The trash and garbage pick-up location shall be provided either
within the building being served or in a pick-up location outside
the building;
(b)
If located within the building, the doorway may serve both the
loading and trash/garbage functions, and if located outside the building,
it may be located adjacent to or within the general loading area(s)
provided the container in no way interferes with or restricts loading
and unloading functions; and
(c)
If located outside the building, the trash and garbage pick-up
location shall include a steel-like, totally enclosed trash and garbage
container located in a manner to be obscured from view from parking
areas, streets and adjacent residential uses or zoning districts by
a fence, wall, planting or combination of all three.
j.
Permitted Signs.
1.
Each principal building not part of a neighborhood shopping village
may have one freestanding sign plus each principal permitted use may
have one attached sign, provided and in accordance with the following:
(a)
Any freestanding sign shall not exceed 20 square feet in area,
shall be set back at least 10 feet from any street right-of-way line
and 15 feet from any other property line and shall not exceed eight
feet in height.
(b)
Each principal first floor use in a building with direct access
from the outside shall be permitted a sign attached flat against the
building at or directly above the entrance to the individual use.
The size of each such attached sign shall not exceed 1/2 square foot
of sign area per one linear foot of building facade fronting on a
street and occupied by the individual use, but in no case shall the
size of the sign exceed 25 square feet in area. The combined size
of all such attached signs on one facade of a building shall not exceed
an area equivalent to 50 square feet.
(c)
For corner lots, one additional attached sign is permitted for
a principal use within the building which faces the additional street,
provided that the sign shall not exceed 1/2 square foot of sign area
per one linear foot of building facade fronting on said street, but
in no case shall the size of the sign exceed 20 square feet in area.
(d)
Second floor principal uses facing and having direct access
from the outside shall be permitted one attached sign at the entrance
to the use. The sign shall not exceed four square feet in area.
2.
Each neighborhood shopping village may have one freestanding sign
not exceeding 30 square feet in area set back at least 10 feet from
any street right-of-way line and 25 feet from any other property line
and shall not exceed eight feet in height.
3.
Additionally, each individual use in a principal building within
a neighborhood shopping village occupying at least 750 square feet
of segregated habitable floor area with direct access from the outside
shall be permitted a sign identifying the name of the use attached
flat against the building at or above the entrance to the individual
use. The size of each such attached sign shall not exceed one-half
square foot of sign area per one linear foot of building frontage
occupied by the individual use, but in no case shall the size of the
sign exceed 25 square feet in area.
4.
All signs shall be wood painted, and all signs shall utilize black
letters painted upon a white or cream colored background unless otherwise
specifically approved by the Planning Board or Zoning Board of Adjustment,
as the case may be.
5.
Any sign illumination shall be external to the sign and shall be
designed, oriented and maintained to prevent any sight of the lamp
from any street or neighboring properties.
6.
All signs shall be reviewed by the Montgomery Township Landmarks Preservation Commission in accordance with Subsection 16-13.17a5 of this chapter, and the recommendations of the Landmarks Preservation Commission shall be forwarded to the Planning Board or to the Zoning Board of Adjustment, as the case may be.
7.
All principal uses are permitted signs in accordance with Subsection 16-5.13 of this chapter; however, notwithstanding any provision of this chapter to the contrary, no signs shall be permitted in any windows except for a sign not exceeding one square foot in area indicating the hours of operation or the "open"/"closed" status.
[Ord. #85-482, S 406; Ord. #85-485, S 1; Ord. #85-497, S
1; Ord. #86-506, S 1; Ord. #86-521, S 1; Ord. #86-525, S 1; Ord. #87-555,
S 2; Ord. #87-556, S 1; Ord. #87-557, S 1; Ord. #87-570, S 5; Ord.
#88-584, S II O-P; Ord. #89-607, S 9; Ord. #89-639, SS 3, 5; Ord.
#90-663, S 5; Ord. #90-674, S 2; Ord. #93-781, S 5; Ord. #93-789,
S 1; Ord. #95-845, S 2; Ord. #95-850, S 3; Ord. #96-870, S 2; Ord.
#97-914, S 2; Ord. #00-1016, S 1; Ord. #03-1122, S 4; Ord. #04-1138,
S 4; Ord. #04-1170, S 5; Ord. #08-1294, S 1; Ord. #12-1418, S 5; amended Ord. No. 2015-1487; 4-18-2024 by Ord. No. 24-1723]
a.
Permitted Uses on the Land and in Buildings.
1.
Farms.
2.
Offices and office buildings.
3.
Research laboratories.
4.
Public playgrounds, conservation areas, parks and public purpose
uses.
5.
Subdivided development parks on tracts of land at least 25 acres
in area comprised of the preceding uses, as permitted in the particular
zoning district.
6.
Public utility uses as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1 for standards).
7.
Residential care facilities for the elderly in the REO-1 District only as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1 for standards).
8.
Residential limited care facilities for the elderly in the REO-3 District only as a conditional use under N.J.S.A. 40:55D-67 and in accordance with the specific conditions for development included in Subsection 16-6.1h, Conditional Uses — Residential Limited Care Facilities for the Elderly, of this chapter.
9.
Montgomery Village Planned Development, where indicated on the Zoning Map, in accordance with the provisions specified in Subsection 16-6.5 of this chapter.
10.
Child care centers as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1 for standards).
11.
Airports in the REO-3 District only as a conditional use under N.J.S.A. 40:55D-67, provided that the airport use is in compliance with the conditions and standards specified in Subsection 16-6.1l of this chapter for the location and operation of an airport and provided that the required site plan application is approved by the Planning Board.
13.
Cellular antennas for telephone, radio, paging and/or television communication as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1, Conditional Uses, and specifically Subsection 16-6.1p for the required conditions for cellular antennas for telephone, radio, paging and/or television communication).
15.
A portion of a Planned Shopping Complex only on that portion of the REO-3 District where indicated on the Zoning Map, and in accordance with the provisions specified in Subsection 16-6.5h of this chapter.
b.
Accessory Uses Permitted.
4.
Employee cafeterias as part of a principal building or as the entire
use of an accessory building, provided the cafeteria is limited in
service to the employees of the principal use designated on the site
plan as approved by the Board.
5.
Child care centers as conditional uses under N.J.S.A. 40:55D-67 as part of a principal building or as the entire use of an accessory building, provided the child care center is limited in service to the employees of the principal use designated on the site plan as approved by the Board (see Subsection 16-6.1 standards).
c.
Maximum Building Height. Except as provided in Subsection 16-6.2 of this chapter, no building in any REO District shall exceed 35 feet and 2 1/2 stories in height, and no building in the MFG District shall exceed 45 feet and three stories in height.
d.
Area And Yard Requirements For Uses Within the REO-1, REO-2 And REO-3
Districts.
|
Lots Not Within Subdivided Development Parks
|
Lots Within Subdivided Development Parks
| |
|---|---|---|
|
Principal Building
| ||
|
Minimum
| ||
|
Lot area
|
5 ac.
|
3 ac.
|
|
Lot frontage
|
400'
|
300'
|
|
Lot width
|
400'
|
300'
|
|
Lot depth
|
400'
|
300'
|
|
Side yard (each)(1)
|
60'(2)
|
50'(2)
|
|
Front yard
|
125'
|
100'
|
|
Rear yard (1)
|
60'(2)
|
50'(2)
|
|
Accessory Building
| ||
|
Minimum
| ||
|
Distance to side line (1)
|
75'
|
50'
|
|
Distance to rear line (1)
|
75'
|
50'
|
|
Distance to other building
|
50'
|
50'
|
|
Maximum
| ||
|
Floor Area Ratio
|
(3)
|
(3)
|
|
Lot Coverage
|
(4)
|
(4)
|
|
NOTES:
| |||||
|---|---|---|---|---|---|
|
(1)
|
No provision stipulated herein shall prohibit a building from
being situated adjacent to a railroad right-of-way for purposes of
loading and unloading materials.
| ||||
|
(2)
|
Or not less than 200 feet where a building abuts a residential
district, except and provided as follows:
| ||||
|
(a)
|
When a railroad right-of-way is situated between a building
and a residential district, then the yard distance shall be not less
than 100 feet; or
| ||||
|
(b)
|
When deed restricted common open space approved for active recreational
use as part of a "Residential Cluster" planned development is situated
between a building and a residential district, then the width of the
common open space shall be included as part of the required 200-foot
yard distance, provided that in any case no building shall be located
closer to the designated common open space area than the applicable
side or rear yard distance noted hereinabove in the table.
| ||||
|
(3)
|
Floor Area Ratio.
| ||||
|
(a)
|
REO-1: The maximum gross floor area of a building within the
REO-1 District shall be computed on the basis of an F.A.R. of 0.15
for the non-critical acreage of the lot, plus a transfer of an additional
0.03 F.A.R. from any "critical" acreage of the lot to the noncritical
lands.
| ||||
|
(b)
|
REO-2: The maximum gross floor area of a building within the
REO-2 District shall be computed on the basis of an F.A.R. of 0.125
for the non-critical acreage of the lot, plus a transfer of an additional
0.025 F.A.R. from any "critical" acreage of the lot to the noncritical
lands.
| ||||
|
(c)
|
REO-3: The maximum gross floor area of a building within the REO-3 District shall be based upon the percentage proportion of the gross floor area to be utilized for offices versus research laboratories as defined in section 16-2 of this chapter; specifically, the following floor area ratios shall apply to the REO-3 District:
| ||||
|
Percentage of Gross Floor Utilized by Offices
|
Maximum F.A.R. for Non-Critical Acreage
|
Maximum F.A.R. for Critical Acreage
| |||
|---|---|---|---|---|---|
|
0% to 40%
|
0.125
|
0.025
| |||
|
Over 40% to 60%
|
0.100
|
0.020
| |||
|
Over 60% to 100%
|
0.080
|
0.016
| |||
|
In reviewing submitted applications for development in order
to determine the percentage proportion of office versus research laboratory
use, the Board shall be guided by the fact that a basic premise and
purpose for distinguishing between office versus research laboratory
space within buildings in the REO-3 District is to equalize the traffic
impact emanating from a given square footage of building space within
the District; therefore, any building space likely to generate a floor/space
occupancy rate equal to or less than 350 square feet per person shall
be classified as "offices".
| |||||
|
Moreover, all main building lobbies, hallways, stairwells, elevator
shafts, and mechanical equipment rooms and storage areas shall be
deemed common areas, and the aggregate square footage of such common
areas shall be counted as office versus research laboratory space
in direct proportion to the gross floor area otherwise specifically
determined to be office versus research laboratory space. The entirety
of the gross floor area of the building shall be designated as "office
area", "research laboratory area" or "common area" for the purpose
of determining the maximum permitted F.A.R. and the applicant shall
submit floor plans specifically indicating the location and extent
of the three areas. In instances where the applicant is seeking site
plan approval prior to being able to commit a portion or portions
of a building to one of three areas noted above, the noncommitted
portion or portions shall be considered offices for the purpose of
determining the percentage proportion of the gross floor area of the
building to be utilized for office versus research laboratories.
| |||||
|
(4)
|
Lot Coverage.
| ||||
|
District
|
Maximum Lot Coverage
| |||
|---|---|---|---|---|
|
REO-1
|
40.0%
| |||
|
REO-2
|
37.5%
| |||
|
REO-3
| ||||
|
0% to 40% office
|
37.5%
| |||
|
Over 40% to 60% office
|
35.0%
| |||
|
Over 60% to 100% office
|
32.5%
| |||
e.
General Requirements.
1.
Any principal building may contain more than one use or organization.
Any lot may contain more than one principal building, provided that
the minimum lot size is at least 20 acres and that all land coverage
requirements of this chapter are met.
2.
Within the required front yard area and at least 50 feet adjacent
to any lot line, there shall be no parking and, except for access
driveways, the area shall be planted and maintained in lawn area or
ground cover and landscaped with evergreen shrubbery.
3.
No merchandise, products, waste, equipment or similar material or
objects shall be displayed or stored outside.
4.
All areas not utilized for buildings, parking, loading, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or plantings and maintained in
good condition. A portion of the required landscaped area may contain
a permanent water area.
6.
No critical acreage shall be developed.
f.
Minimum Off-Street Parking. Each individual use shall provide parking
spaces according to the following minimum provisions:
1.
One space for every 1,000 square feet or fraction thereof of net
habitable floor area used for inside storage, plus one space for every
500 square feet or fraction thereof of net habitable floor area used
for research laboratories, plus one space for every 250 square feet
or fraction thereof of net habitable floor area used for offices,
provided that the number of parking spaces resulting from the application
of these provisions to the subject building shall not be increased
by more than 10%.
g.
Minimum Off-Street Loading. The provisions specified in Subsection 16-4.5i of this chapter shall apply.
h.
Permitted Signs.
1.
Each principal building may have one freestanding sign along each
road which the property abuts, provided that there is at least 250
feet of unbroken frontage, plus each principal permitted use may have
one attached sign, provided and in accordance with the following:
(a)
Any freestanding sign shall not exceed 40 square feet in area,
shall be set back at least 15 feet from any street right-of-way line
and 25 feet from any other property line and shall not exceed eight
feet in height.
(b)
Each principal use in a building with direct access from the
outside shall be permitted a sign attached flat against the building.
The size of each such attached sign shall not exceed 1/2 square foot
of sign area per one linear foot of building facade fronting on a
street and occupied by the individual use, but in no case shall the
size of the sign exceed 50 feet in area.
2.
Additionally, each subdivided development park may have one freestanding
sign along each abutting arterial or collector road which provides
vehicular access to the development, provided there exists at least
250 feet of unbroken frontage. Such sign(s) shall not exceed eight
feet in height, shall be set back at least 15 feet from any street
right-of-way line and driveways and 25 feet from any other property
line, shall not exceed an area of 50 square feet, and shall be used
only to display the development's name.
3.
For each multi-tenant building or each building on a single lot or
in a subdivided development park, one directory sign listing the building
names or addresses and/or tenants may be permitted within the internal
circulation system, provided that the sign is set back at least 60
feet from any street right-of-way or property line and is no larger
than 20 square feet in size or eight feet in height.
[Ord. #85-482, S 407; Ord. #97-714, S 2; Ord. #08-1294, S
2; amended 4-18-2024 by Ord. No. 24-1723]
a.
Principal Permitted Use on the Land and in Buildings.
1.
All uses specified for the MR District in Subsection 16-4.6 of this chapter in accordance with the provisions and requirements specified herein.
2.
Processing of the products of a stone or rock excavating or quarrying
operation when such processing is physically and operationally integrated
with the extracting or quarrying use. Processing shall include grinding,
polishing, coloring and otherwise treating the raw materials extracted
or excavated, but shall not include the further use of such products
in the manufacture of derivative or secondary products which are substantially
different in form or character from the original raw products. No
excavation or quarrying shall be permitted.
3.
Cellular antennas for telephone, radio, paging and/or television communication as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1, Conditional Uses, and specifically Subsection 16-6.1p for the required conditions for cellular antennas for telephone, radio, paging and/or television communication).
|
Accessory Building Minimum
| |
|---|---|
|
Distance to side line (1)
|
100'
|
|
Distance to rear line (1)
|
100'
|
|
Distance to other building
|
50'
|
|
Maximums
| |
|---|---|
|
Building coverage of principal building
|
25%
|
|
Building coverage of accessory building(s)
|
10%
|
|
(1)
|
No provision stipulated herein shall prohibit a permitted use
from being situated adjacent to a railroad right-of-way for purposes
of loading and unloading materials or adjacent to a municipal boundary
line where an integrated operation crossing said line is involved.
|
|
e.
|
General Requirements for Processing Activities.
| |
|
1.
|
Any lot may contain more than one principal building, provided
that the minimum lot size is at least 100 acres and that all land
coverage requirements of this chapter are met.
| |
|
2.
|
At least 100 feet adjacent to any street line or lot line shall
not be used for parking and shall be planted and maintained in lawn
area or ground cover, and landscaped with evergreen shrubbery.
| |
|
3.
|
Dust and smoke from processing operations will be minimized
by the installation and use of appropriate mechanical and electrical
devices. Internal roads, drives and parking areas will be hardsurfaced
where practicable, or maintained in a dust-free condition at all times.
All dry wastes in the form of dust or fine particles will be transported
in covered or closed vehicles, and disposal shall be in a manner and
in a place approved by the Township.
| |
|
4.
|
A minimum buffer area of 200 feet shall be provided along all property lines. Where natural growth does not provide adequate buffer, such buffer areas shall be in accordance with subsection 14-3.12d2 of Chapter 14, except that railroad spurs, utility lines and access roads perpendicular to existing public streets may traverse the buffer area, and except further that parking spaces for passenger automobiles may be placed within the buffer area, provided that such parking spaces are not less than 100 feet from any street or lot line.
| |
|
f.
|
Minimum Off-Street Parking for Processing Activities. The provisions specified in subsection 16-4.6f shall apply.
| |
|
g.
|
Minimum Off-Street Loading for Processing Activities. The provisions specified in subsection 16-4.5g shall apply.
| |
|
h.
|
Signs for Processing Activities. The provisions specified in subsection 16-4.6h shall apply.
| |
[Ord. #87-570, S 7; Ord. #88-584, S III QR; Ord. #89-607,
S 10; Ord. #89-612, S 2; Ord. #89-639, SS 4, 5; Ord. #90-674, S 2;
Ord. #95-845, S 2; Ord. #97-914, S 2; Ord. #04-1170, S 6; Ord. #08-1294,
S 3; Ord. #12-1418, SS 6, 7; amended 4-18-2024 by Ord. No. 24-1723]
a.
Permitted Uses on the Land and in Buildings.
1.
Farms and/or the processing of non-meat farm products.
2.
Offices and office buildings.
3.
Research laboratories.
4.
Limited manufacturing.
5.
Public playgrounds, conservation areas, parks and public purpose
uses.
6.
Subdivided Development Parks on tracts of land at least 25 acres
in area comprised of the preceding uses.
7.
Public utility uses as Conditional Uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1 for standards).
8.
Detached single-family dwellings in accordance with the requirements specified in Subsection 16-4.2 of this chapter for detached single-family dwellings in the R-2 district, provided said dwellings existed as of June 27, 1974.
9.
Child care centers as conditional uses under N.J.S.A. 40:55-67D (see Subsection 16-6.1 for standards).
10.
Cellular antennas for telephone, radio, paging and/or television communication as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1, Conditional Uses, and specifically Subsection 16-6.1p for the required conditions for cellular antennas for telephone, radio, paging and/or television communication).
b.
Accessory Uses Permitted.
2.
Storage buildings, provided the aggregate area of all such storage
buildings does not account for more than 5% of the aggregate total
gross floor area of all buildings on the site.
5.
Employee cafeterias as part of a principal building or as the entire
use of an accessory building, provided the cafeteria is limited in
service to the employees of the principal use designated on the site
plan as approved by the Board.
6.
Wastewater treatment facilities, provided said facilities provide
treatment only to the wastewater generated from the uses on-site.
7.
Security guard houses, provided such structures(s) are no larger
than 12 feet by 12 feet in size, are no higher than 15 feet, are located
along the entrance driveway(s) to the property, are located outside
of any required sight triangle, and are set back at least 25 feet
from all street and property lines.
8.
Private recreational facilities owned, operated and maintained by
the owners and/or tenants of the property.
9.
Pre-existing water storage tanks, propane and automobile and heating
fuel storage tanks, and additional water storage tanks, propane and
automobile and heating fuel storage tanks, provided such additional
tanks are no higher than 15 feet above the ground; except that water
storage tanks for fire protection purposes may be higher than 15 feet
if required by the Montgomery Township Fire Subcode Official. All
tanks shall comply with any applicable federal, State and/or local
statutes, codes, regulations and ordinances.
10.
Satellite dish antennas as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1i for standards).
11.
Child care centers are conditional uses under N.J.S.A. 40:55D-67 as part of a principal building or as the entire use of an accessory building, provided the child care center is limited in service to the employees of the principal use designated on the site plan as approved by the Board (see Subsection 16-6.1 for standards).
c.
Maximum Building Height. Except as provided in Subsection 16-6.2 of this chapter, no building shall exceed 45 feet and three stories in height.
d.
Area and Yard Requirements for Uses within the LM District.
|
Lots Not Within Subdivided Development Parks
|
Lots Within Subdivided Development Parks
| |
|---|---|---|
|
Principal Building
Minimum
| ||
|
Lot area
|
5 ac.
|
2 ac.
|
|
Lot frontage
|
400'
|
250'
|
|
Lot width
|
400'
|
250'
|
|
Lot depth
|
400'
|
250'
|
|
Side yard (each)(1)
|
60'(2)
|
40'(2)
|
|
Front yard
|
125'
|
75'
|
|
Rear yard (1)
|
60'(2)
|
40'(2)
|
|
Accessory Building
Minimum
| ||
|
Distance to side line (1)
|
75'
|
40'
|
|
Distance to rear line (1)
|
75'
|
40'
|
|
Distance to other building
|
50'
|
50'
|
|
Maximum
| ||
|
Floor Area Ratio
|
(3)
|
(3)
|
|
Lot Coverage
|
(4)
|
(4)
|
1.
No provision stipulated herein shall prohibit a building from being
situated adjacent to a railroad right-of-way for purposes of loading
and unloading materials.
2.
Or not less than 200 feet where a building abuts a residential district;
except that when a railroad right-of-way is situated between a building
and a residential district, then the yard distance shall be not less
than 100 feet.
3.
Floor Area Ratio. The maximum gross floor area of a building within the LM District shall be based upon the percentage proportion of the gross floor area to be utilized for offices versus research laboratories and/or limited manufacturing as defined in Section 16-2 of this chapter; specifically, the following floor area ratios shall apply to the LM District, with allowable square footage derived for any "critical" acreage on a site transferred to the "non-critical" acreage:
|
Percentage of Gross Floor Area Utilized By Offices
|
Maximum F.A.R. For Non-Critical Acreage
|
Maximum F.A.R. For Critical Acreage
|
|---|---|---|
|
0% to 40%
|
0.175
|
0.035
|
|
Over 40% to 60%
|
0.125
|
0.025
|
|
Over 60% to 100%
|
0.08
|
0.016
|
|
In reviewing submitted applications for development in order
to determine the percentage proportion of office versus research laboratory
and/or limited manufacturing use, the Board shall be guided by the
fact that a basic premise and purpose for distinguishing between office
versus research laboratory and/or limited manufacturing space within
buildings is to equalize the traffic impact emanating from a given
square footage of building space within the District; therefore, any
building space likely to generate a floor/space occupancy rate equal
to or less than 350 square feet per person shall be classified as
"offices".
|
|
Moreover, all main building lobbies, hallways, stair-wells,
elevator shafts, and mechanical equipment rooms and storage areas
shall be deemed "common areas", and the aggregate square footage of
such common areas shall be counted as office versus research laboratory
and/or limited manufacturing space in direct proportion to the gross
floor area otherwise specifically determined to be office versus research
laboratory and/or limited manufacturing space.
|
|
Thereafter, the entirety of the gross floor area of the building
shall be designated as "office area", "research laboratory area",
or "limited manufacturing" for the purpose of determining the maximum
F.A.R., and the applicant shall submit floor plans specifically indicating
the location and extent of the three areas, with a specific indication
and quantification of the common areas which have been allocated to
the office, research laboratory and/or limited manufacturing square
footage.
|
|
In instances where the applicant is seeking site plan approval
prior to being able to commit a portion or portions of a building
to one of three areas noted above, the non-committed portion or portions
shall be considered offices for the purpose of determining the percentage
proportion of the gross floor area of the building to be utilized
for office versus research laboratories, and/or limited manufacturing.
|
4.
Lot Coverage
|
Percentage of Gross Floor Area Utilized by Offices
|
Maximum Lot Coverage
|
|---|---|
|
0% to 40% office
|
42.5%
|
|
Over 40% to 60% office
|
37.5%
|
|
Over 60% to 100% office
|
32.5%
|
e.
General Requirements.
1.
Any principal building may contain more than one use or organization.
Any lot may contain more than one principal building, provided that
the minimum lot size is at least 20 acres and that all land coverage
requirements of this chapter are met.
2.
Within the required front yard area and at least 50 feet adjacent
to any lot line, there shall be no parking and, except for access
driveways, the area shall be planted and maintained in lawn area or
ground cover and landscaped with evergreen shrubbery.
3.
No merchandise, products, waste, equipment or similar material or
objects shall be displayed or stored outside.
4.
All areas not utilized for buildings, parking, loading, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or plantings and maintained in
good condition. A portion of the required landscaped area may contain
a permanent water area.
6.
No critical acreage shall be developed.
7.
Parking lots on adjacent properties shall be interconnected via common
driveways through side and/or rear yard areas where feasible and when
approved by the Planning Board or Zoning Board of Adjustment, as the
case may be, in order to promote a planned off-street traffic circulation
pattern which minimizes the necessity to utilize public streets.
f.
Minimum Off-Street Parking. Each individual use shall provide parking
spaces according to the following minimum provisions:
1.
One space for every 1,000 square feet or fraction thereof of net
habitable floor area used for inside storage, plus one space for every
500 square feet or fraction thereof of net habitable floor area used
for research laboratories and/or limited manufacturing, plus one space
for every 250 square feet or fraction thereof of net habitable floor
area used for offices; provided that the minimum number of parking
spaces resulting from the application of these provisions to the subject
building shall not be increased by more than 10%.
g.
Minimum Off-Street Loading. The provisions specified in Subsection 16-4.5g of this chapter shall apply.
h.
Permitted Signs.
1.
Each principal building may have one freestanding sign along each
road which the property abuts, provided that there is at least 250
feet of unbroken frontage, plus each principal permitted use may have
one attached sign, provided and in accordance with the following:
(a)
Any freestanding sign shall not exceed 40 square feet in area,
shall be set back at least 15 feet from any street right-of-way line
and 25 feet from any other property line and shall not exceed eight
feet in height.
(b)
Each principal use in a building with direct access from the
outside shall be permitted a sign attached flat against the building.
The size of each such attached sign shall not exceed 1/2 square foot
of sign area per one linear foot of building facade fronting on a
street and occupied by the individual use, but in no case shall the
size of the sign exceed 50 square feet in area.
2.
Additionally, each subdivided development park may have one freestanding
sign along each abutting arterial or collector road which provides
vehicular access to the development, provided there exists at least
250 feet of unbroken frontage. Such sign(s) shall not exceed eight
feet in height, shall be set back at least 15 feet from any street
right-of-way line and driveways and 25 feet from any other property
line, shall not exceed an area of 50 square feet, and shall be used
only to display the development's name.
3.
For each multi-tenant building or each building on a single lot or
in a subdivided development park, one directory sign listing the building
names or addresses and/or tenants may be permitted within the internal
circulation system, provided that the sign is set back at least 60
feet from any street or property line and is no larger than 20 square
feet in size or eight feet in height.
[Ord. #849-612, S 2; Ord. #89-616, SS 1-4; Ord. #90-674,
S 2; Ord. #04-1170, S 7; Ord. #12-1418, S 8]
a.
Permitted Principal Uses on the Land and in Buildings.
1.
Automobile parts store.
2.
Automobile repair shop.
3.
Automobile upholstery shop.
4.
Bicycle sales, rental or repair.
5.
Building material sales establishment.
6.
Business uses oriented to marine activities, such as the sale and
rental of boats and boat engines, boating supplies and fishing supplies.
7.
Cabinet and woodworking shop.
8.
Contractor's storage.
9.
Equipment rental and sales yard.
10.
Electrical shop or contractor.
11.
Food markets.
12.
Furniture upholstery shop.
13.
Garden centers engaged in the retail sales of living plant material,
fertilizer and other garden supplies, garden equipment, and other
related items.
14.
Hardware store.
15.
Hospital for small animals (dogs, cats and the like) including kennel,
provided that yards are enclosed.
16.
Laboratory servicing medical and dental requirements.
17.
Lumber yard, retail.
18.
Plumbing and heating shop or contractor.
19.
Printing, lithography, publishing and photostating establishments.
20.
Sign shop.
21.
Small engine repair shop.
22.
Stone or monument works, with proper screening.
23.
Taxidermist.
24.
Combinations of two or more of the above permitted uses.
b.
Accessory Uses Permitted.
c.
Maximum Building Height. Except as provided in Subsection 16-6.2 of this chapter, no building in the SB District shall exceed 35 feet and 2 1/2 stories in height.
d.
Area and Yard Requirements for Uses within the SB District.
|
Principal Building
Minimum
| |
|
Lot area
|
1 ac.
|
|
Lot frontage
|
150'
|
|
Lot width
|
150'
|
|
Principal Building
Minimum
| |
|
Lot depth
|
200'
|
|
Side yard (each)
|
30'
|
|
Front yard
|
50'
|
|
Rear yard
|
50'
|
|
Accessory Building
Minimum
| |
|
Distance to side line
|
15'
|
|
Distance to rear line
|
15'
|
|
Distance to other building
|
10'
|
|
Maximum
| |
|
Floor Area Ratio
|
0.25
|
|
Lot Coverage
|
60.0%
|
e.
General Requirements.
1.
Any principal building may contain more than one use or organization, provided that the total floor area ratio and lot coverage of the combined uses does not exceed the maximums specified in Subsection 16-4.9d hereinabove, and provided further that each use occupies a minimum gross floor area of 750 square feet.
2.
Within at least 25 feet adjacent to any lot line, there shall be
no parking and, except for access driveways, the area shall be planted
and maintained in lawn area or ground cover and landscaped with evergreen
shrubbery.
3.
Outside storage, sale or display areas shall not exceed four times
the building coverage devoted to the use and shall be suitably fenced
and screened.
4.
All areas not utilized for buildings, parking, loading, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or planting and maintained in good
condition. In any case, not less than 35% of the total lot area shall
be landscaped, including any permanent water area but excluding any
outside storage, sale or display areas.
5.
All buildings shall have either mansard, hip, gambrel or gable roof
types; no flat or shed roofs are permitted.
g.
Minimum Off-Street Loading. The provisions specified in Subsection 16-4.5g of this chapter shall apply.
h.
Permitted Signs.
1.
Each principal building may have one freestanding sign plus each
principal permitted use may have one attached sign, provided and in
accordance with the following:
(a)
Any freestanding sign shall not exceed 25 square feet in area,
shall be set back at least 10 feet from any street right-of-way line
and 15 feet from any other property line and shall not exceed eight
feet in height.
(b)
Each principal first floor use in a building with direct access
from the outside shall be permitted a sign attached flat against the
building. The size of each such attached sign shall not exceed 1/2
square foot of sign area per one linear foot of building facade fronting
on a street and occupied by the individual use, but in no case shall
the size of the sign exceed 30 square feet in area.
(c)
For corner lots, one additional attached sign is permitted for
a principal use within the building which faces the additional street,
provided that the sign shall not exceed 1/2 square foot of sign area
per one linear foot of building facade fronting on said street, but
in no case shall the size of the sign exceed 20 square feet in area.
(d)
Second floor principal uses facing and having direct access
from the outside shall be permitted one attached sign at the entrance
to the use. The sign shall not exceed four square feet in area.
[Ord. #96-885, S 9; Ord. #97-914, S 2; Ord. #99-962, S 3;
Ord. #01-1037, S 1; Ord. #04-1170, S 8; Ord. #12-1418, S 9; Ord. No. 16-1507, §§ 1,
2; Ord. No. 1556 § 2]
a.
Principal Permitted Uses on the Land and in Buildings.
1.
Farms.
2.
Public parks, conservation areas, open space and public purpose uses.
3.
Schools, including the operation of public and private day schools
of elementary and/or high school grades licensed by the State of New
Jersey.
4.
Detached single-family dwelling units.
5.
Cellular antennas for telephone, radio, paging and/or television communication as conditional uses under N.J.S.A. 40:55D-67 (See Subsection 16-6.1, Conditional Uses, and specifically Subsection 16-6.1p for the required conditions for cellular antennas for telephone, radio, paging and/or television communication).
6.
Continuing care retirement communities, in accordance with the provisions governing such development in Subsection 16-6.9 of this chapter, on the approximately 40 acre property within the PPE District which has been designated as a redevelopment area in accordance with N.J.S.A. 40A:12A-1 et seq. and which is identified as Block 29001/Lot 16 on the Montgomery Township Tax Maps.
b.
Permitted Accessory Uses and Conditions for Development.
1.
Recreational facilities including tennis courts, basketball backboards,
cabanas and other such facilities customarily associated with the
permitted principal use, as the case may be.
2.
Landscaping features including benches, trellises, gazebos and other
such features customarily associated with the permitted principal
use, as the case may be.
3.
Underground sprinkler systems provided that the water spray does
not extend beyond any property line.
4.
Fences not exceeding four feet in height and located in rear and
side yard areas only except and in accordance with the following:
(a)
Farms may have fencing not exceeding four feet in height within
any yard area;
(b)
Dog runs and/or privacy areas in rear yard areas only may have
fencing a minimum six feet in height, provided that the fencing is
set back at least 15 feet from all property lines;
(c)
Tennis courts in rear yard areas only may be surrounded by a
fence a maximum 15 feet in height, provided the fence is set back
at least 50 feet from all property lines;
5.
Residential tool sheds as defined in Subsection 16-2.1 of this chapter and in accordance with the following provisions and conditions:
(a)
The tool shed shall be located on a lot as an accessory use
to a single-family detached dwelling unit and only one tool shed shall
be permitted per residential lot;
(b)
The tool shed shall be used only to store objects owned by the
residents of the subject property;
(c)
The tool shed shall not exceed 15 feet in height; and
(d)
The tool shed shall not cover an area equivalent to 0.35% of
the residential lot or 400 square feet, whichever area is less.
6.
Farm produce stands in accordance with the following provisions and
conditions:
(a)
The produce stand shall be located on a lot as an accessory use to a farm as defined in Subsection 16-2.1 of this chapter and only one produce stand shall be permitted per farm;
(b)
The produce stand shall sell only the produce harvested on the
subject farm and/or produce harvested elsewhere in Montgomery Township;
(c)
The produce stand shall be set back at least 15 feet from all
street right-of-way and property lines; and
(d)
The produce stand may have one non-lighted name identification
sign which does not exceed eight square feet in area and which is
set back at least 10 feet from all street right-of-way and property
lines.
7.
Private residential swimming pools as defined in Subsection 16-2.1 of this chapter and in accordance with the following provisions and conditions:
(a)
The swimming pool shall be located on a lot as an accessory
use to a single-family detached dwelling;
(b)
The swimming pool shall be located in a rear yard area only
and shall occupy no more than 75% of the subject rear yard area;
(c)
The swimming pool shall be located no closer than 15 feet to
any property line, but there is no required minimum distance between
the swimming pool and the single-family detached dwelling on the lot;
(d)
The swimming pool shall be located no closer than 10 feet to
any septic tank and no closer than 20 feet to any septic disposal
field; and
8.
Home occupations in accordance with the requirements and review procedures specified in Subsection 16-6.7 of this chapter.
9.
Satellite dish antennas as conditional uses under N.J.S.A. 40:55D-67 of the Municipal Land Use Law and in accordance with the conditions and standards governing satellite dish antennas in Montgomery Township specified in Subsection 16-6.1i of this chapter.
c.
Area and Yard Requirements for the PPE District.
|
Schools/Public Purposes Uses
|
Single-Family Detached Dwelling Units
| |
|---|---|---|
|
Principal Building Minimums
| ||
|
Lot area
|
5 ac.
|
10 ac.
|
|
Lot frontage
|
300 feet
|
350 feet
|
|
Lot width
|
300 feet
|
350 feet
|
|
Lot depth
|
600 feet
|
750 feet
|
|
Side yard (each)
|
100 feet
|
100 feet
|
|
Front yard
|
100 feet
|
100 feet
|
|
Rear yard
|
100 feet
|
100 feet
|
|
Accessory Building Minimums
| ||
|
Distance to side line
|
50 feet
|
50 feet
|
|
Distance to rear line
|
50 feet
|
50 feet
|
|
Distance to other building
|
50 feet
|
20 feet
|
|
Coverage Maximums
| ||
|
Building coverage
|
8%
|
7%
|
|
Lot coverage
|
20%
|
10%
|
e.
Off-Street Parking.
1.
Detached single-family dwelling units shall provide 1.5 spaces per
two-bedroom unit; two spaces per three-bedroom unit; 2.5 spaces per
four-bedroom unit; and three spaces per five or more bedroom unit;
2.
Elementary schools (Grades K-6) shall provide one space per employee;
intermediate schools (Grades 7-9) shall provide 1.5 spaces per employee;
secondary schools (Grades 10-12) shall provide 2.5 spaces per employee;
and in all cases, sufficient space for school bus loading and unloading
shall be provided.
3.
All other uses shall provide adequate on-site parking to accommodate
the permitted activities and the amount and location of the off-street
parking shall be subject to approval by the Planning Board; and
4.
No parking area or driveway for a single-family detached dwelling
shall be located within 10 feet of any property line and no parking
area or driveway for a school or any other use shall be located within
25 feet of any property line.
5.
Commercial vehicles may be parked on a residential lot in accordance
with the following requirements:
(a)
One registered commercial vehicle of a rated capacity not exceeding
one ton on four wheels, owned or used by a resident of the premises,
shall be permitted to be regularly parked or garaged on any residential
lot, provided that said vehicle is parked only in a rear and/or side
yard of the residential lot at least 10 feet from any property line
and in an area which is relatively unexposed to neighboring properties
and is screened from neighboring properties by evergreen conifer plantings
at least five feet in height; and
(b)
For purposes of this subsection, a commercial vehicle is a bus and/or vehicle containing advertising matter intending to promote the interest of any business, whether or not said vehicle is registered as a commercial vehicle with the New Jersey or other State Division of Motor Vehicles, except that this provision shall not be deemed to limit the number of commercial trucks or cars used on a farm or construction equipment which is used on the site for construction purposes, and except further that vehicles associated with a home occupation shall meet the requirements specified in Subsection 16-6.7 of this chapter.
6.
Recreational vehicles may be parked on a residential lot in accordance
with the following requirements:
(a)
Recreational vehicles, including travel trailers, campers, motor
homes, horse trailers, boat trailers, ATV and motorcycle trailers,
shall be permitted to be regularly parked on any residential lot,
provided that said vehicle is parked only in a rear and/or side yard
of the residential lot at least 10 feet from any property line and
in an area which is relatively unexposed to neighboring properties
and is screened from neighboring properties by evergreen conifer plantings
at least five feet in height; and
(b)
The dimensions of such recreational vehicles shall be counted
in determining building coverage. Moreover, such vehicles and trailers
shall not be used for temporary or permanent living quarters while
situated on the residential lot. Finally, such vehicles shall be annually
licensed with a valid registration and shall be capable of use on
a public road; no junked vehicle shall be permitted to be parked on
a residential lot pursuant to this subsection.
f.
Permitted Signs.
1.
Each principal permitted residential use may have one attached sign
not exceeding two square feet in area.
2.
Each principal permitted nonresidential use may have:
(a)
One freestanding sign along each road which the property abuts
provided that there is at least 300 feet of unbroken frontage, provided
that the sign shall not exceed 25 square feet in area and eight feet
in height and is set back at least 10 feet from any street right-of-way
line and 25 feet from any other property line; plus.
(b)
One attached sign not exceeding 25 square feet in area.
[Ord. #98-33, S 3; Ord. #04-1170, S 9; Ord. #07-1264, SS
1-3; Ord. #12-1418, S 10; Ord. #12-1427, SS 1-3]
a.
Principal Permitted Uses on the Land and in Buildings.
1.
Retail sales of goods and services.
2.
Banks, including drive-in facilities.
3.
Offices and office buildings.
4.
Small animal hospitals in the CC-2 District only, excluding outside
facilities and kennels.
5.
Automobile sales through franchised new car dealerships in the CC-1
District only, provided that the use currently exists and provided
that ingress and egress is from State Highway Route 206 only.
6.
Child care centers licensed by the Department of Human Services pursuant
to P.L. 1983, c. 492 (C.30:5B-1, et seq.).
b.
Accessory Uses Permitted.
2.
Off-street loading (See Subsection 16-4.11h hereinbelow for the specific off-street loading requirements for the CC Districts).
3.
Fences and walls (See Subsection 16-5.3 of this chapter for the design requirements for fences, walls, sight triangles and guiderails).
6.
Storage buildings limited to the storage of materials owned and used
only by the principal permitted use on the subject property.
7.
Temporary construction trailers and one temporary sign not exceeding
32 square feet in area, either attached to the trailer or freestanding,
which advertises the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a construction permit and ending with
the issuance of a certificate of occupancy or one year, whichever
time period is less. The temporary construction trailer(s) and temporary
sign shall be located on the site where the construction is taking
place and shall be set back at least 30 feet from all lot lines and
from the right-of-way lines of all existing and proposed streets.
There shall be at least one operating telephone within the trailer.
9.
Small wind, solar or photovoltaic energy systems for the production of electric energy to serve the principal permitted use on the lot, provided the applicable requirements in Subsection 16-6.10 are met.
10.
Unconnected drive-in bank building/structure, provided the following
requirements are met:
[Added 3-21-2019 by Ord.
No. 19-1604]
(a)
The floor area/footprint of the unconnected bank drive-in, measured
as the horizontal area of the smallest rectangle that can encompass
the building/structure, or combination of both, shall not exceed 20%
of the total floor area of the main bank building.
(b)
The bank drive-in building/structure shall be located in a rear
yard.
(c)
No parking area(s) located on the lot, which provide parking
for the bank, shall be located in a front yard.
(d)
The bank drive-in building/structure shall comply with the bulk
and spatial regulations for accessory buildings/structures in the
zone in which it is located.
c.
Maximum Building Height.
1.
Principal Buildings. No principal building shall exceed 30 feet and 2 1/2 stories in height except as allowed in Subsection 16-6.2b of this chapter, the General Exceptions and Modifications for Height Limits.
2.
Accessory Buildings. No accessory building shall exceed 25 feet in
height and two stories unless a lower height is required in accordance
with other provisions of this chapter.
d.
Area and Yard Requirements.
|
Principal Building Minimum Requirements
|
Individual Uses
|
Automobile Sales
|
|---|---|---|
|
Lot area
|
1/2 acre (21,780 square feet)
|
1 acre
|
|
Lot frontage
|
125 feet
|
150 feet
|
|
Lot width
|
125 feet
|
150 feet
|
|
Lot depth
|
150 feet
|
150 feet
|
|
Front yard
|
50 feet
|
60 feet
|
|
Side yard (each)
|
20 feet [1]
|
25 feet [1]
|
|
Rear yard
|
20 feet [1]
|
50 feet
|
|
Accessory Building Minimum Requirements
|
Individual Uses
|
Automobile Sales
|
|---|---|---|
|
Distance to side lot line
|
15 feet [1]
|
20 feet [1]
|
|
Distance to rear lot line
|
15 feet [1]
|
20 feet [1]
|
|
Distance to other building
|
20 feet
|
20 feet
|
|
Floor Area and Coverage Maximum Requirements
|
Individual Uses
|
Automobile Sales
|
|---|---|---|
|
Floor area ratio (F.A.R.)
|
0.20 [2]
|
0.20
|
|
Lot coverage
|
55%
|
55%
|
|
Footnotes For Subsection 16-4.11d Hereinabove
| |
|
[1]
|
Except that the side and/or rear yard setback shall be 40 feet
from any common property line with a residential zoning district.
|
|
[2]
|
The maximum floor/area ratio (F.A.R.) may be increased to up
to 0.225 when a portion of a Master Plan roadway is provided on the
subject property, when a fully constructed driveway interconnection
is provided to an adjacent property, and/or when prominent decorative
architectural elements (e.g., clock towers, artwork, etc.) and community
open spaces (i.e., central greens with sitting areas, vest-pocket
parks, etc.) are provided which are integral to the design of the
development.
|
e.
Requirements for All Buildings and Sites Within the CC Districts.
1.
General Architectural Requirements:
2.
Building Size. No building within the CC-1 or CC-2 zoning district
shall exceed 10,000 square feet of gross floor area.
3.
Building Walkways:
Covered walkways (between eight feet and 50 feet wide) may be
utilized to enable pedestrian circulation. All covered walkways in
any yard area shall be excluded from calculations for gross floor
area.
4.
Building Entrances:
(a)
All entrances to a building shall be articulated utilizing architectural
elements such as lintels, pediments, pilasters, columns, porticoes,
porches, or overhangs.
(b)
Any such element utilized shall be architecturally compatible
with the style, materials, colors, door treatment and architectural
details of the overall building.
5.
Facade Treatments:
(a)
Building exteriors shall have vertical and/or horizontal offsets
to create visual breaks along each facade. Long, monotonous, uninterrupted
walls are not permitted.
(b)
To the extent appropriate to the architectural design, building
wall offsets, including projections such as balconies and canopies,
recesses, and changes in floor levels shall be used to add architectural
interest and variety and to mitigate the visual appearance of a simple,
long wall.
(c)
Buildings with more than one street frontage shall be designed
to have a front facade facing each frontage, and where a building
faces a driveway, the building also shall have a front facade facing
the driveway.
(d)
The architectural treatment of the front facade(s) shall be
continued in its major features around all visibly exposed sides of
a building.
(e)
All sides of a building shall be architecturally designed to
be consistent regarding style, materials, colors and details.
(f)
Natural materials such as wood and masonry are recommended.
High quality man-made materials also are permitted. Stucco may be
used only as an accent in limited areas.
(g)
Dormers, gables, windows and other similar design features shall
be provided across a building facade.
6.
Roof Treatments:
(a)
The design of all buildings within a development shall include
rooflines that are architecturally compatible or in context with existing
buildings in the vicinity of the subject building. Within this context,
rooflines that mix flat and pitched components are encouraged.
(b)
Pitched roofs shall have a minimum five to twelve-foot pitch,
except where otherwise approved by the Planning Board or Zoning Board.
Both gable and hipped roofs shall provide overhanging eaves that extend
a minimum of one foot beyond the building wall along all sides of
the building.
(c)
Buildings with flat roofs shall provide that all visibly exposed
walls have an articulated cornice that projects horizontally from
the vertical wall in order to create the appearance of a 1 1/2
to 2 1/2 story facade.
(d)
Long, monotonous, uninterrupted roof planes are not permitted.
Roof-line offsets, dormers or gables shall be provided in order to
provide architectural interest and variety to the massing of a building
and to mitigate the visual appearance of a single, long roof.
7.
Window Treatments:
(a)
Windows shall be appropriately proportioned to the building.
(b)
The first story facade of retail, office and restaurant buildings
which faces a street and/or has a pedestrian access shall have large
pane display windows which occupy at least 75% of the first story
facade.
(1)
The area of actual windows may be reduced by the Planning Board
or Zoning Board in consideration of the needs of a particular use
or for security purposes.
(2)
However, where smaller windows are permitted, the design of
the facade must include materials outlining the size of the windows
equivalent to 75% of the first story facade, within which the permitted
smaller windows can be located.
8.
Additional Architectural Requirements:
(a)
All lighting, benches, trash receptacles and signage shall be
designed to be compatible with the architecture of the building(s).
(b)
The mechanical equipment serving the building(s) shall be screened
from public view by the design of the building and/or by landscaping
features integrated with the overall design of the building(s).
(c)
The materials used for all internal sidewalks and pathways connecting
buildings, parking areas and public areas to sidewalks along the street(s)
and to the Township's pathway network shall be chosen to enhance the
architecture of the building(s) and the attractiveness of the site
development.
9.
Multiple Uses and Buildings:
(a)
Any principal building may contain more than one principal use,
except that a building containing an automobile sales use shall be
limited to that principal use only, and provided that each use occupies
a minimum gross floor area of 750 square feet.
(b)
In order to promote a village atmosphere of smaller buildings
clustered in a pedestrian-oriented, nonlinear layout, multiple detached
principal buildings shall be permitted on a lot, provided and in accordance
with the following:
(1)
All buildings shall be separated by a minimum of 20 feet where
the separation is occupied by landscaping and/or is used for pedestrian
movement only; or
(2)
All buildings shall be separated by a minimum of 30 feet where
the separation distance is used to any extent for parking and/or vehicular
circulation; and
(3)
In any case, the building separation requirements noted hereinabove
shall not be construed to prohibit a covered pedestrian walkway between
the buildings, whether the walkway is covered by a roof overhang or
by some other roof covering; and
(4)
The total floor area/ratio (F.A.R.) of all buildings does not exceed the maximum requirements specified in Subsection 16-4.11d; and
(5)
Access from the public street(s) to the buildings shall not
be provided by individual driveways to each building, but by common
drive(s) so as to reduce the number of access points along the street(s);
and
(6)
Parking shall be evenly distributed, with pedestrian connections
between buildings and to all public areas within a development, and
large parking lots shall be avoided, wherever possible; and
(7)
A single controlling entity, such as a commercial owners' association
or a single owner of the entire development, shall be provided for
the maintenance of the landscaping, multiple-tenancy signs, detention
basins, lighting and other common elements or shared structures and
facilities; and
(8)
Blanket cross easements in a form satisfactory to the Township
Attorney shall be provided throughout the development for irrevocable
cross access for parking, utilities, maintenance and drainage.
f.
General Requirements for the CC Districts.
1.
Where feasible, driveways providing vehicular access between adjacent
properties shall be permitted and required, with appropriate cross
easements, and the on-site circulation systems and parking areas shall
be designed to accommodate such interconnections between adjacent
lots.
2.
No merchandise, products, equipment or similar material and objects
shall be displayed or stored outside, except that permitted automobile
sales uses are permitted outside display areas for automobiles for
sale and outside storage areas for automobiles being repaired in accordance
with the following:
(a)
All such display and storage areas shall be paved as approved
by the Board as part of the site plan submission, and all such areas
shall be included as part of the calculation for lot coverage; and
(b)
No such display and storage areas shall be located within 30
feet of any street line, within 15 feet of any property line not common
with a residential zoning district, or within 40 feet of any property
line common with a residential zoning district.
3.
All portions of a lot not covered by buildings or structures (e.g.,
parking lots, parking spaces, loading areas, access aisles, driveways,
sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably
landscaped with grass, shrubs, and trees and shall be maintained in
good condition. In any case, no less than 45% of the area of any lot
or tract shall be so landscaped, and the landscaped area may include
approved detention and/or retention basins and approved septic fields.
4.
Within the side and rear yard setback areas along any common property
line with a residential zoning district, no parking area, loading
area, driveway or other structure, except fencing integrated with
the landscaping plan and as approved by the Board, shall be permitted,
and a minimum buffer screening shall be required within the setback
area in accordance with the following:
(a)
The buffer screening shall be at least 15 feet in width; and
(b)
The buffer screening shall consist of densely planted evergreen
trees at least six feet high at time of planting and spaced no more
than 10 feet apart on-center. Where environmental conditions permit,
earthen berms at least two feet in height shall be provided, if deemed
appropriate by the Board.
5.
Within the CC District, no parking area, loading area, driveway or
other structure (except for approved access ways, signs and fencing)
shall be permitted within the first 25 feet adjacent to any street
line nor within the first 10 feet adjacent to any other property line,
and such areas shall be planted and maintained in lawn area or ground
cover and shall be landscaped with trees and shrubbery as approved
by the Board.
g.
Minimum Off-Street Parking. Each individual use shall provide parking
spaces according to the following minimum provisions. Where a permitted
use of land includes different specific activities with different
specific parking requirements, the total number of required parking
spaces shall be obtained by computing individually the parking requirements
for each different activity and adding the resulting numbers together:
1.
Retail sales and service uses, banks and offices shall provide parking
at the ratio of one parking space per 200 square feet of gross floor
area or part thereof. Additionally, drive-in banks shall provide room
for at least 12 automobiles per drive-in window for queuing purposes.
2.
Automobile sales shall provide at least 10 parking spaces for customer
convenience which shall be separated from vehicle display areas and
not be used by employees who shall be provided parking spaces elsewhere
on the property.
3.
Child care centers shall provide parking at the ratio of one parking
space per employee plus one additional parking space for every eight
children. Additionally, adequate area shall be provided for the loading
and unloading of children, which shall take place on site and not
in the public right-of-way.
4.
Parking areas for individual uses shall be designed to be interconnected
with adjacent properties and shall utilize common entrance(s) and
exit(s), where feasible, to minimize access points to the street.
h.
Off-Street Loading.
1.
Each principal building shall provide at minimum one off-street loading
space at the side or rear of the building or within the building.
Any loading dock space shall be at least 15 feet in width by 40 feet
in length with adequate ingress and egress from a public street and
with adequate space for maneuvering. Additional spaces may be necessary
and required dependent upon the specific activity. There shall be
no loading or unloading from the street.
2.
There shall be at least one trash and garbage pick-up location within
convenient access to the building being served, including provisions
for the separation and collection of recyclable materials in accordance
with the recycling requirements of Somerset County and in accordance
with the following:
(a)
The trash and garbage pick-up location shall be provided either
within the building being served or in a pick-up location outside
the building;
(b)
If located within the building, the doorway may serve both the
loading and trash/garbage functions, and if located outside the building,
it may be located adjacent to or within the general loading area(s)
provided the container in no way interferes with or restricts loading
and unloading functions; and
(c)
If located outside the building, the trash and garbage pick-up
location shall include a steel-like, totally enclosed trash and garbage
container located in a manner to be obscured from view from parking
areas, streets and adjacent residential uses or zoning districts by
a fence, wall, planting or combination of all three.
i.
Permitted Signs.
1.
Each principal building may have one freestanding sign plus each
principal permitted use may have one attached sign, provided and in
accordance with the following:
(a)
Any freestanding sign shall not exceed 25 square feet in area,
shall be set back at least 10 feet from any street right-of-way line
and 20 feet from any other property line and shall not exceed eight
feet in height.
(b)
Each principal first floor use in a building with direct access
from the outside shall be permitted a sign attached flat against the
building at or directly above the entrance to the individual use.
The size of each such attached sign shall not exceed 1/2 square foot
of sign area per one linear foot of buildings facade fronting on a
street and occupied by the individual use, but in no case shall the
size of the sign exceed 25 square feet in area. The combined size
of all such attached signs on one facade of a building shall not exceed
an area equivalent to 50 square feet.
(c)
For corner lots, one additional attached sign is permitted for
a principal use within the building which faces the additional street,
provided that the sign shall not exceed 1/2 square foot of sign area
per one linear foot of building facade fronting on said street, but
in no case shall the size of the sign exceed 20 square feet in area.
(d)
Second floor principal uses facing and having direct access
from the outside shall be permitted one attached sign at the entrance
to the use. The sign shall not exceed four square feet in area.
[Ord. #98-933, S 4; Ord. #03-1122, S 3; Ord. #04-1137, SS
2 — 4; Ord. #04-1139, S 2; Ord. #04-1170, S 10; Ord. #07-1264,
SS 4 — 6; Ord. #12-1418, S 11; Ord. #12-1427, SS 4-6]
a.
Principal Permitted Uses on the Land and in Buildings.
1.
Retail sales of goods and services.
2.
Banks, including drive-in facilities.
3.
Offices and office buildings.
4.
Restaurants.
5.
Movie theaters only as an integral part of a shopping center, provided
that no more than six movie screens shall be permitted.
6.
Small animal hospitals, excluding outside facilities and kennels.
7.
Child care centers licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (C.30:5B-1, et seq.). See Subsection 16-4.12k of this chapter hereinbelow for additional provisions governing the development of child care centers within the HC Highway Commercial zoning district.
8.
Shopping centers comprised of some or all of the preceding uses.
9.
Automobile sales through franchised new car dealerships.
15.
A portion of a Planned Shopping Complex only on that portion of the HC District where indicated on the Zoning Map, and in accordance with the provisions specified in Subsection 16-6.5h of this chapter.
16.
Age-restricted affordable apartment units on certain land areas within a permitted shopping center in the HC Highway Commercial zoning district in accordance with the requirements specified in Subsection 16-4.12j of this chapter hereinbelow.
17.
The 16 senior citizen restricted housing units approved by the Montgomery
Township Zoning Board of Adjustment on July 12, 1998 shall be considered
permitted uses within the HC Highway Commercial zoning district, provided
that all conditions of the memorializing resolution adopted by the
Zoning Board on September 20, 1988 and later modified via subsequent
resolutions adopted on January 16, 1996 and February 20, 1996 are
met.
b.
Accessory Uses Permitted.
2.
Off-street loading (See Subsection 16-4.12h hereinbelow for the specific off-street loading requirements for the HC District).
3.
Fences and walls (See Subsection 16-5.3 of this chapter for the design requirements for fences, walls, sight triangles and guiderails).
6.
Storage buildings limited to the storage of materials owned and used
only by the principal permitted use on the subject property.
7.
Temporary construction trailers and one temporary sign not exceeding
32 square feet in area, either attached to the trailer or freestanding,
which advertises the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a construction permit and ending with
the issuance of a certificate of occupancy or one year, whichever
time period is less. The temporary construction trailer(s) and temporary
sign shall be located on the site where the construction is taking
place and shall be set back at least 30 feet from all lot lines and
from the right-of-way lines of all existing and proposed streets.
There shall be at least one operating telephone within the trailer.
8.
Child care centers licensed by the Department of Human Services pursuant
to P.L. 1983, c. 492 (C.30:5B-1, et seq.).
11.
Small wind, solar or photovoltaic energy systems for the production of electric energy to serve the principal permitted use on the lot, provided the applicable requirements in Subsection 16-6.10 are met.
12.
Unconnected drive-in bank building/structure, provided the following
requirements are met:
[Added 3-21-2019 by Ord.
No. 19-1604]
(a)
The floor area/footprint of the unconnected bank drive-in, measured
as the horizontal area of the smallest rectangle that can encompass
the building/structure, or combination of both, shall not exceed 20%
of the total floor area of the main bank building.
(b)
The bank drive-in building/structure shall be located in a rear
yard.
(c)
No parking area(s) located on the lot, which provide parking
for the bank, shall be located in a front yard.
(d)
The bank drive-in building/structure shall comply with the bulk
and spatial regulations for accessory buildings/structures in the
zone in which it is located.
c.
Maximum Building Height.
1.
Principal Buildings. No principal building shall exceed 30 feet and 2 1/2 stories in height except as allowed in Subsection 16-6.2b of this chapter, the General Exceptions and Modifications for Height Limits.
2.
Accessory Buildings. No accessory building shall exceed 25 feet in
height and two stories unless a lower height is required in accordance
with other provisions of this chapter.
d.
Area and Yard Requirements.
|
Principal Building Minimum Requirements
|
Individual Uses
|
Shopping Centers
|
|---|---|---|
|
Lot area
|
1 ac
|
8 ac
|
|
Lot frontage
|
150 feet
|
500 feet
|
|
Lot width
|
150 feet
|
500 feet
|
|
Lot depth
|
150 feet
|
400 feet
|
|
Front yard
|
50 feet
|
100 feet
|
|
Side yard (each)
|
25 feet
|
100 feet
|
|
Rear yard
|
50 feet
|
100 feet
|
|
Accessory Building Minimum Requirements
|
Individual Uses
|
Shopping Centers
|
|---|---|---|
|
Distance to side lot line
|
20 feet
|
100 feet
|
|
Distance to rear lot line
|
20 feet
|
100 feet
|
|
Distance to other building
|
20 feet
|
20 feet
|
|
Floor Area and Coverage Maximum Requirements
|
Individual Uses
|
Shopping Centers
|
|---|---|---|
|
Floor area ratio (F.A.R.) [1]
|
0.20 [2]
|
0.20 [2]
|
|
Lot coverage
|
55%
|
55%
|
|
Footnote for Subsection 16-4.12d Hereinabove
| |
|
[1]
|
Where a child care center is provided as an accessory use to
a principal use located on the same lot, regardless of whether the
child care center is situated as part of a principal building or as
the entire use of an accessory building, the gross floor area occupied
as a child care center shall be excluded from, and be in addition
to, the permitted floor area ratio otherwise applicable to the subject
building, provided that all other applicable provisions of this chapter
are met.
|
|
[2]
|
The maximum floor/area ratio (F.A.R.) may be increased to up
to 0.225 when a portion of a Master Plan roadway is provided on the
subject property, when a fully constructed driveway interconnection
is provided to an adjacent property, and/or when prominent decorative
architectural elements (e.g., clock towers, artwork, etc.) and community
open spaces (i.e., central greens with sitting areas, vest-pocket
parks, etc.) are provided which are integral to the design of the
development.
|
e.
Requirements for All Buildings and Sites Within the HC District.
1.
General Architectural Requirements:
2.
Building Size. No building within the HC zoning district not part
of a Shopping Center shall exceed 50,000 square feet of gross floor
area.
3.
Building Walkways:
Covered walkways (between eight feet and 50 feet wide) may be
utilized to enable pedestrian circulation. All covered walkways in
any yard area shall be excluded from calculations for gross floor
area.
4.
Building Entrances:
(a)
All entrances to a building shall be articulated utilizing architectural
elements such as lintels, pediments, pilasters, columns, porticoes,
porches, or overhangs.
(b)
Any such element utilized shall be architecturally compatible
with the style, materials, colors, door treatment and architectural
details of the overall building.
5.
Facade Treatments:
(a)
Building exteriors shall have vertical and/or horizontal offsets
to create visual breaks along each facade. Long, monotonous, uninterrupted
walls are not permitted.
(b)
To the extent appropriate to the architectural design, building
wall offsets, including projections such as balconies and canopies,
recesses, and changes in floor levels shall be used to add architectural
interest and variety and to mitigate the visual appearance of a simple,
long wall.
(c)
Buildings with more than one street frontage shall be designed
to have a front facade facing each frontage, and where a building
faces a driveway, the building also shall have a front facade facing
the driveway.
(d)
The architectural treatment of the front facade(s) shall be
continued in its major features around all visibly exposed sides of
a building.
(e)
All sides of a building shall be architecturally designed to
be consistent regarding style, materials, colors and details.
(f)
Natural materials such as wood and masonry are recommended.
High quality man-made materials also are permitted. Stucco may be
used only as an accent in limited areas.
(g)
Dormers, gables, windows and other similar design features shall
be provided across a building facade.
6.
Roof Treatments:
(a)
The design of all buildings within a development shall include
rooflines that are architecturally compatible or in context with existing
buildings in the vicinity of the subject building. Within this context,
rooflines that mix flat and pitched components are encouraged.
(b)
Pitched roofs shall have a minimum five to twelve-foot pitch,
are required except where otherwise approved by the Planning Board
or Zoning Board. Both gable and hipped roofs shall provide overhanging
eaves that extend a minimum of one foot beyond the building wall along
all sides of the building.
(c)
Buildings with flat roofs shall provide that all visibly exposed
walls have an articulated cornice that projects horizontally from
the vertical wall in order to create the appearance of a 1 1/2
to 2 1/2 story facade.
(d)
Long, monotonous, uninterrupted roof planes are not permitted.
Roof-line offsets, dormers or gables shall be provided in order to
provide architectural interest and variety to the massing of a building
and to mitigate the visual appearance of a single, long roof.
7.
Window Treatments:
(a)
Windows shall be appropriately proportioned to the building.
(b)
The first story facade of retail, office and restaurant buildings
which faces a street and/or has a pedestrian access shall have large
pane display windows which occupy at least 75% of the first story
facade.
(1)
The area of actual windows may be reduced by the Planning Board
or Zoning Board in consideration of the needs of a particular use
or for security purposes.
(2)
However, where smaller windows are permitted, the design of
the facade must include materials outlining the size of the windows
equivalent to 75% of the first story facade, within which the permitted
smaller windows can be located.
8.
Additional Architectural Requirements:
(a)
All lighting, benches, trash receptacles and signage shall be
designed to be compatible with the architecture of the building(s).
(b)
The mechanical equipment serving the building(s) shall be screened
from public view by the design of the building and/or by landscaping
features integrated with the overall design of the building(s).
(c)
The materials used for all internal sidewalks and pathways connecting
buildings, parking areas and public areas to sidewalks along the street(s)
and to the Township's pathway network shall be chosen to enhance the
architecture of the building(s) and the attractiveness of the site
development.
9.
Multiple Uses and Buildings:
(a)
Any principal building may contain more than one principal use,
except that a building containing an automobile sales use shall be
limited to that principal use only, and provided that each use occupies
a minimum gross floor area of 750 square feet.
(b)
In order to promote a village atmosphere of smaller buildings
clustered in a pedestrian-oriented, nonlinear layout, multiple detached
principal buildings shall be permitted on a lot, provided and in accordance
with the following:
(1)
All buildings shall be separated by a minimum of 20 feet where
the separation is occupied by landscaping and/or is used for pedestrian
movement only; or
(2)
All buildings shall be separated by a minimum of 50 feet where
the separation distance is used to any extent for parking and/or vehicular
circulation; and
(3)
In any case, the building separation requirements noted hereinabove
shall not be construed to prohibit a covered pedestrian walkway between
the buildings, whether the walkway is covered by a roof overhang or
by some other roof covering; and
(4)
The total floor area/ratio (F.A.R.) of all buildings does not exceed the maximum requirements specified in Subsection 16-4.12d; and
(5)
Access from the public street(s) to the buildings shall not
be provided by individual driveways to each building, but by common
drive(s) so as to reduce the number of access points along the street(s);
and
(6)
Parking shall be evenly distributed, with pedestrian connections
between buildings and to all public areas within a development, and
large parking lots shall be avoided, wherever possible; and
(7)
A single controlling entity, such as a commercial owners' association
or a single owner of the entire development, shall be provided for
the maintenance of the landscaping, multiple-tenant signs, detention
basins, lighting and other common elements or shared structures and
facilities; and
(8)
Blanket cross easements in a form satisfactory to the Township
Attorney shall be provided throughout the development for irrevocable
cross access for parking, utilities, maintenance and drainage.
f.
General Requirements for the HC Districts.
1.
Where feasible, driveways providing vehicular access between adjacent
properties shall be permitted and required, with appropriate cross
easements, and the on-site circulation systems and parking areas shall
be designed to accommodate such interconnections between adjacent
lots.
2.
No merchandise, products, equipment or similar material and objects
shall be displayed or stored outside, except that permitted automobile
sales uses are permitted outside display areas for automobiles for
sale and outside storage areas for automobiles being repaired in accordance
with the following:
(a)
All such display and storage areas shall be paved as approved
by the Board as part of the site plan submission, and all such areas
shall be included as part of the calculation for lot coverage; and
(b)
No such display and storage areas shall be located within 50
feet of any street line, within 15 feet of any property line not common
with a residential zoning district, or within 40 feet of any property
line common with a residential zoning district.
3.
All portions of a lot not covered by buildings or structures (e.g.,
parking lots, parking spaces, loading areas, access aisles, driveways,
sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably
landscaped with grass, shrubs, and trees and shall be maintained in
good condition. In any case, no less than 45% of the area of any lot
or tract shall be so landscaped, and the landscaped area may include
approved detention and/or retention basins.
4.
Within the side and rear yard setback areas along any common property
line with a residential zoning district, no parking area, loading
area, driveway or other structure, except fencing integrated with
the landscape plan and as approved by the Board, shall be permitted,
and a minimum buffer screening shall be required within the setback
area in accordance with the following:
(a)
For individual uses, the buffer screening shall be at least
15 feet in width;
(b)
For shopping centers, the buffer screening shall be at least
25 feet in width; and
(c)
The buffer screening shall consist of densely planted evergreen,
trees at least six feet high at time of planting and spaced no more
than 10 feet apart on center. Where environmental conditions permit,
earthen berms at least two feet in height shall be provided, if deemed
appropriate by the Board.
5.
Within the HC District, no parking area, loading area, driveway or
other structure (except for approved access ways, signs and fencing)
shall be permitted within the first 25 feet adjacent to any street
line nor within the first 15 feet adjacent to any other property line,
and such areas shall be planted and maintained in lawn area or ground
cover and shall be landscaped with trees and shrubbery as approved
by the Board.
g.
Minimum Off-Street Parking. Each individual use shall provide parking
spaces according to the following minimum provisions. Where a permitted
use of land includes different specific activities with different
specific parking requirements, the total number of required parking
spaces shall be obtained by computing individually the parking requirements
for each different activity and adding the resulting numbers together:
1.
Retail sales and service uses, banks and offices shall provide parking
at the ratio of one parking space per 200 square feet of gross floor
area or part thereof. Additionally, drive-in banks shall provide room
for at least 12 automobiles per drive-in window for queuing purposes.
2.
Restaurants shall provide one parking space for every three seats,
but in all cases, a sufficient number of spaces to prevent any parking
along public rights-of-way or private driveways, fire lanes and aisles.
3.
Movie theaters shall provide one parking space for every four seats.
4.
Small animal hospitals shall provide parking at the ratio of one
parking space per 250 square feet of gross floor area or part thereof.
5.
Child care centers shall provide parking at the ratio of one parking
space per employee plus one additional parking space for every eight
children. Additionally, adequate area shall be provided for the loading
and unloading of children, which shall take place on site and not
in the public right-of-way.
6.
Shopping centers shall provide parking at the overall ratio of five
parking spaces per 1,000 square feet of gross floor area, provided
that additional parking may be required for movie theaters and/or
restaurants, if such uses are located on separate pad sites apart
from the main parking area(s).
7.
Automobile sales shall provide at least 10 parking spaces for customer
convenience which shall be separated from vehicle display areas and
not be used by employees who shall be provided parking spaces elsewhere
on the property.
8.
Parking areas for individual uses shall be designed to be interconnected
with adjacent properties and shall utilize common entrance(s) and
exit(s), where feasible, to minimize access points to the street.
h.
Off-Street Loading.
1.
Each principal building or group of buildings shall provide at minimum
one off-street loading space at the side or rear of the building or
within the building. Any loading dock space shall be at least 15 feet
in width by 40 feet in length with adequate ingress and egress from
a public street and with adequate space for maneuvering. Additional
spaces may be necessary and required dependent upon the specific activity.
There shall be no loading or unloading from the street.
2.
There shall be at least one trash and garbage pick-up location within
convenient access to the building being served, including provisions
for the separation and collection of recyclable materials in accordance
with the recycling requirements of Somerset County and in accordance
with the following:
(a)
The trash and garbage pick-up location shall be provided either
within the building being served or in a pick-up location outside
the building;
(b)
If located within the building, the doorway may serve both the
loading and trash/garbage functions, and if located outside the building,
it may be located adjacent to or within the general loading area(s)
provided the container in no way interferes with or restricts loading
and unloading functions; and
(c)
If located outside the building, the trash and garbage pick-up
location shall include a steel-like, totally enclosed trash and garbage
container located in a manner to be obscured from view from parking
areas, streets and adjacent residential uses or zoning districts by
a fence, wall, planting or combination of all three.
i.
Permitted Signs.
1.
Each principal building not part of a shopping center may have one
freestanding sign plus each principal permitted use in said building(s)
may have one attached sign, provided and in accordance with the following:
(a)
Any freestanding sign shall not exceed 75 square feet in area
or 5% of the front facade of the principal building, whichever is
less, and shall not exceed eight feet in height. Freestanding signs
equal to or less than 35 square feet in area shall be set back at
least 10 feet from any street right-of-way line. Freestanding signs
greater than 35 square feet but less than 55 square feet in area shall
be set back at least 15 feet from any street right-of-way line, and
freestanding signs greater than 55 square feet in area shall be set
back at least 20 feet from any street right-of-way line. All freestanding
signs shall be set back at least 25 feet from any other property line.
(b)
Each principal first floor use in a building with direct access
from the outside shall be permitted a sign attached flat against the
building. The size of each such attached sign shall not exceed 1/2
square foot of sign area per one linear foot of building facade fronting
on a street and occupied by the individual use, but in no case shall
the size of the sign exceed 50 square feet in area.
(c)
For corner lots, one additional attached sign is permitted for
a principal use within the building which faces the additional street,
provided that the sign shall not exceed 1/2 square foot of sign area
per one linear foot of building facade fronting on said street, but
in no case shall the size of the sign exceed 20 square feet in area.
(d)
Second floor principal uses facing and having direct access
from the outside shall be permitted one attached sign at the entrance
to the use. The sign shall not exceed four square feet in area.
2.
Each shopping center may have one freestanding sign, plus attached
signs identifying the names of individual uses, provided and in accordance
with the following:
(a)
Any freestanding sign shall not exceed 75 square feet in area
and shall not exceed eight feet in height. Freestanding signs equal
to or less than 35 square feet in area shall be set back at least
10 feet from any street right-of-way line and 25 feet from any other
property line. Freestanding signs greater than 35 square feet in area
shall be set back at least 15 feet from any street right-of-way line
and 25 feet from any other property line.
(b)
Each principal first floor use in a building with direct access
from the outside shall be permitted in accordance with the following:
(1)
The size of each such attached sign shall not exceed 1/2 square
foot of sign area per one linear foot of building facade fronting
on a street and occupied by the individual use, but in no case shall
the size of the sign exceed 50 square feet in area.
(2)
Each such sign shall be either attached flat against the building
at or above the entrance to the activity or shall be suspended perpendicular
to the building from a roof over a common walkway. If suspended, the
sign shall be no closer than eight feet to the finished grade below;
and
(3)
All such signs within a shopping center shall adhere to a common
architectural theme regarding lettering style, lighting and color.
j.
Provisions for Age-Restricted Affordable Apartment Units in a Permitted
Shopping Center. The following provisions are intended to encourage
the development of age-restricted affordable apartment housing units
within a shopping center in the HC Highway Commercial zoning district
in order to further diversify the housing opportunities for the elderly
in Montgomery Township and to provide such housing within easy walking
distance of retail sales and services and public transportation.
1.
The lands to be developed with the age-restricted affordable apartment
units must be part of an approved shopping center within the HC District.
2.
The land area devoted to the apartment units must be specifically
indicated on the site plan reviewed and approved by the Planning Board,
and the land area may not be credited for any other development within
the shopping center.
3.
The land area devoted to the apartment units must be at least 2 1/2
acres in area and shall have at least 300 feet of frontage on an existing
street.
4.
The age-restricted affordable housing units shall be developed at
a maximum density of eight dwelling units per acre of land specifically
devoted to the units, provided that no more than 24 units shall be
developed.
5.
All of the apartment units shall be for rent.
6.
All of the apartment units shall be deed restricted for occupancy
by households with at least one person 55 years of age or older and
with no person less than 19 years of age, provided that visitors less
than 19 years of age shall be permitted for no more than eight weeks
during any twelve-month time period.
7.
The maximum height of an apartment building shall be 3 1/2 stories
and 38 feet and all buildings shall have a mansard or single-ridge
roof line.
8.
All apartment buildings shall be set back at least 50 feet from any
street line and tract boundary line, and shall be no closer than 50
feet to any other building in the shopping center.
9.
The area developed with the apartment units shall have direct vehicular
and pedestrian access to the frontage street and to the shopping center.
10.
All of the apartment units shall be developed in accordance with
the Substantive Rules (N.J.A.C. 5:93-1 et seq.) of the New Jersey
Council on Affordable Housing (COAH) existing at the time of the construction
of the units.
(a)
More specifically, the apartment units shall be constructed,
marketed, occupied and maintained as low and moderate income dwelling
units in accordance with COAH's Substantive Rules in a manner that
they can be credited against the Township of Montgomery's fair share
affordable housing obligation.
(b)
One-half of the units shall be set aside for occupancy by eligible
low income households and 1/2 of the units shall be set aside for
occupancy by eligible moderate income households.
k.
Special Provisions for Child Care Centers. In addition to being permitted
to be developed on its own dedicated lot, a child care center also
may be developed within a second building on a lot within the HC Highway
Commercial zoning district, provided and in accordance with the following:
1.
The subject lot must be at least three acres in area, which is three
times the minimum required one acre for the development of a single
building within the HC District.
2.
The child care center may be developed as the sole principal use
within the building, or the child care center may share the space
within the building with offices, which is another permitted use in
the HC District, and is a use that could compatibly coexist with a
child care center.
3.
The two buildings on the single lot shall be separated as follows:
(a)
The two buildings shall be separated by a distance of at least
20 feet where the separation distance is used solely for pedestrian
movement; or
(b)
The two buildings shall be separated by a distance of at least
50 feet where the separation distance is used to any extent for parking
and/or vehicular circulation.
4.
All other applicable requirements of this chapter for individual
uses within the HC District shall apply, and the entirety of all floors
of all buildings shall be included in the calculation of the allowable
floor/area ratio.
[Ord. #98-933, S 4; Ord. #01-1048, S 3; Ord. #03-1123, S
1; Ord. #04-1170, S 11; Ord. #12-1418, S 12]
a.
Principal Permitted Uses on Land and in Buildings.
1.
A mixed-use, age-restricted housing development on tracts of land
at least 100 acres in size which is planned, approved and constructed
as a single entity and which consists of the following:
(a)
Age-restricted detached single-family and patio home dwelling
units, provided that the gross acreage devoted to the age-restricted
detached single-family and patio home dwelling units within the mixed-use,
age-restricted housing development shall not exceed 125 acres of land
at a maximum density of 1.8 dwelling units per acre of said land,
rounded downward to the nearest whole number, provided that no more
than 218 dwelling units are developed:
(b)
An assisted living facility, provided that the gross acreage
devoted to the assisted living facility within the mixed-use, age-restricted
housing development shall not exceed 5 1/2 acres of land with
a maximum of 120 beds; and
(c)
Professional offices, provided that the gross acreage devoted
to the professional offices within the mixed-use, age-restricted housing
development shall not exceed 4 1/2 acres of land with a maximum
floor area ratio (F.A.R.) of 0.175, provided that no single building
shall exceed 15,000 gross square feet in area.
2.
Public parks, conservation areas, open space, common space and public
purpose uses.
3.
Detached single-family dwelling units and farms existing prior to
the adoption of this subsection in accordance with the R-2 zoning
district provisions, except that the minimum lot size shall be six
acres.
b.
Accessory Uses Permitted.
1.
Common recreational facilities, recreation centers and/or clubhouses as specifically approved by the Planning Board within the specified open space in order to satisfy the needs of the residential population within the development (see Subsection 16-4.13i hereinbelow for recommended guidelines).
2.
Landscaping features including benches, trellises, gazebos and other
such features customarily associated with the permitted principal
uses, as the case may be.
3.
Underground sprinkler systems within the specified open space and
within individual lots, provided that the water spray does not extend
beyond the open space area or beyond the property lines of an individual
lot, as the case may be.
4.
Fences and walls in accordance with the design provisions specified in Subsection 16-5.3 of this chapter, provided that no fence or wall shall be permitted in the front yard areas of an individual lot developed with an age-restricted single-family or patio home dwelling unit and provided further that no fence or wall shall be permitted on an individual lot developed with an age-restricted single-family or patio home dwelling unit unless a standard for such fences and/or walls has been approved by the Planning Board as part of the site plan approval and has been included in the Homeowners' Association documents.
5.
Patios and decks in the side or rear yard areas of single-family
dwelling units, provided that no patio or deck shall be permitted
on an individual lot developed with an age-restricted single-family
or patio home dwelling unit unless a standard for such patios and/or
decks has been approved by the Planning Board as part of the site
plan approval and has been included in the Homeowners' Association
documents.
8.
Home offices in age-restricted single-family dwelling units, provided that the office area shall be an integrated part of the principal dwelling unit without direct access to the outside; that no supplies, furnishings or products shall be stored on site, except necessary office records and papers, and that Subsections 16-6.7h and 16-6.7i1 of this chapter are met.
c.
Maximum Building Height.
1.
No age-restricted detached single-family or patio home dwelling unit
shall exceed 32 feet in height and 2 1/2 stories, except as follows:
2.
No other principal building, including any office building, assisted
living building or any recreation center building or clubhouse provided
for the residential population of the age-restricted housing development,
shall exceed 35 feet in height and 2 1/2 stories, except the
following appurtenances may be erected not more than five feet above
the actual height of a building:
(a)
Penthouses or other roof structures for the housing of stairways,
tanks, bulkheads, ventilating fans, air conditioning equipment and
similar equipment required to operate and maintain the building;
(b)
Skylights, spires, cupolas, flagpoles, and similar structures
associated with the building; and
(c)
Parapets used to screen the roof-mounted structures and equipment.
3.
No accessory building shall exceed 15 feet in height and 1 1/2
stories, except for existing accessory farm buildings.
d.
Area, Yard and Distance Requirements For Permitted Uses in a Mixed-Use,
Age-Restricted Housing Development.
1.
Detached Single-Family and Patio Home Dwelling Units.
|
Detached Single-Family Dwelling Units
|
Patio Home Dwelling Units
| |
|---|---|---|
|
Principal Building Minimum
| ||
|
Lot area [1]
|
6,500 square feet
|
5,000 square feet
|
|
Lot frontage
|
60'
|
50'
|
|
Lot width
|
60'
|
50'
|
|
Lot depth
|
100'
|
90'
|
|
Side yard (each)
|
5/10' [2] [3]
|
7.5' [2] [3]
|
|
Front yard
|
20' [4]
|
20' [4]
|
|
Rear yard
|
25' [3]
|
20' [3]
|
|
Accessory Structure Minimum
| ||
|
Distance to side line
|
5'
|
5'
|
|
Distance to rear line
|
10'
|
10'
|
|
Distance to other building
|
5'
|
5'
|
|
Maximum
| ||
|
Total building coverage
|
45%
|
50%
|
|
F.A.R.
|
0.50
|
0.55
|
|
Lot coverage
|
55%
|
60%
|
|
Footnotes to Subsection 16-4.13d1:
| ||
|---|---|---|
|
[1]
|
The minimum required lot area shall not include any freshwater
wetlands, wetlands transition areas, 100-year flood plains, lands
with topographic slopes 15% or greater in grade except for isolated,
noncontiguous steep sloped areas to be regraded, and lands within
the required stream corridor
| |
|
[2]
|
Dwelling units on adjacent lots shall be separated by a distance
of at least 15 feet, such distance measured between foundation walls,
but excluding any design elements permitted in accordance with footnote
[3] hereinbelow, except where 2 attached patio home dwelling units
are constructed along a common lot line.
| |
|
[3]
|
Design elements and decks as described hereinbelow may extend
not more than 3 feet into the minimum required yard area, provided
that the extensions will only be permitted when privacy walls, landscaped
screening and/or fencing is incorporated as part of the overall design
of the dwelling unit or where the subject yard abuts a major open
space area at least 100 feet wide along the entire length of the subject
lot line.
| |
|
First Floor Design Elements: Chimneys, window elements, eaves,
entranceway elements and similar architectural and foundation projections
as approved by the Planning Board, provided that the total length
of such extensions is no more than 45% of the linear distance of the
subject foundation wall.
| ||
|
Second Floor Design Elements: Chimneys, eaves, bays, cantilevers
and windows.
| ||
|
Decks: Decks may be permitted, subject to the specific approval
by the Planning Board of specific submitted designs, provided that
such decks are located in side and/or rear yard areas only, are set
back at least 5 feet from all property lines and do not occupy more
than 25% of any side or rear yard area within which the deck is located.
| ||
|
(a)
|
Decks located off the first floor of a dwelling unit shall be
no more than 2 feet higher than the mean elevation along the building
foundation measured to the top of the deck platform.
| |
|
(b)
|
Decks located off the second floor may only be permitted where
the subject yard abuts a major open space area at least 100 feet wide
along the entire length of the subject lot line.
| |
|
(c)
|
Decks, and the landscaping in the vicinity of the deck, shall
be designed, installed and maintained to permit reasonable pedestrian
access to the rear yard.
| |
|
[4]
|
A 15-foot front yard setback shall be permitted for the non-garage
portion of a dwelling unit
| |
2.
Assisted Living Facility.
(a)
A maximum lot coverage of 50% shall be permitted.
(b)
No building shall be closer than 50 feet to any lot line, and
no building shall be closer than 150 feet to any residential lot line.
No parking area, loading area, driveway or other structure (except
for approved accessways and fencing) shall be permitted within the
first 25 feet adjacent to any lot line or within the first 75 feet
adjacent to any residential lot line.
(c)
Within the required setback areas, a minimum buffer screening
of at least 25 feet shall be required along any common property line
with a residential zoning district. The buffer screening shall consist
of densely planted evergreen trees at least six feet high at time
of planting and spaced no more than 10 feet apart on-center.
(d)
All portions of a lot not covered by buildings or structures
(e.g., parking lots, parking spaces, loading areas, access aisles,
driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall
be suitably landscaped with grass, shrubs, and trees and shall be
maintained in good condition. In any case, no less than 50% of the
area of any lot shall be so landscaped, and the landscaped area may
include approved detention and/or retention basins and approved septic
fields.
(e)
Each unit within the assisted living facility shall contain
at least 325 square feet of net habitable floor area.
(f)
At least 10% of the gross square footage of the assisted living
facility shall be devoted to common facilities, services and activities
for the residents, including dining rooms, medical care facilities,
personal and professional services such as banking and hairdressing,
and communal recreational, social and cultural activities. An outside
landscaped courtyard or garden area shall be provided for the residents
with sitting areas, pathways and other similar amenities.
3.
Professional Offices.
(a)
More than one principal building shall be permitted on a lot.
All buildings shall be separated by a minimum of 20 feet, provided
such separation is to be used solely for pedestrian circulation. All
buildings shall be separated by a minimum of 50 feet where any part
of such separation is to be used for parking or vehicular circulation.
However, the separation requirements should not be construed to prohibit
covered pedestrian walkways when the roof or covering of such walkway
extends between the buildings.
(b)
A maximum lot coverage of 45% and a maximum floor area ratio
of 0.175 shall be permitted.
(c)
No building shall be closer than 50 feet to any lot line or
75 feet to any property line common with a residential zoning district
or use. No parking area, loading area, driveway or other structure
(except for approved accessways and fencing) shall be permitted within
the first 25 feet adjacent to any lot line or within the first 75
feet adjacent to any property line common with a residential zoning
district or use.
(d)
Within the required setback areas, a minimum buffer screening
of at least 25 feet shall be required along any common property line
with a residential zoning district or use. The buffer screening shall
consist of densely planted evergreen trees at least six feet high
at time of planting, spaced no more than 10 feet apart on-center.
(e)
All portions of a lot not covered by buildings or structures
(e.g., parking lots, parking spaces, loading areas, access aisles,
driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall
be suitably landscaped with grass, shrubs, and trees and shall be
maintained in good condition. In any case, no less than 55% of the
area of any lot shall be so landscaped, and the landscaped area may
include approved detention and/or retention basins and approved septic
fields.
e.
General Requirements for the ARH District.
1.
Except as required in the June 1992 Stipulation Of Settlement between
the Township of Montgomery and the New Jersey Department of Transportation,
no new development or improvements shall be permitted within 450 feet
of the Route 206 right-of-way, and said area shall be deed restricted
in perpetuity from any development so that the existing fields and
woodlands within said area are preserved in order to maintain the
existing scenic vista.
2.
No development or improvements, other than landscaping, shall be
permitted within 50 feet of any property line common with property
located in the R-1 and R-2 zoning districts.
3.
No direct vehicular access from the ARH zoning district shall be
permitted onto Route 206 except for the existing driveway serving
the existing dwelling on site.
4.
Any development within the ARH zoning district shall strive to maintain
the existing topographic contours and vegetation on-site to the greatest
extent possible.
5.
Any development of the lands within the ARH District shall provide
for the preservation of the Bedens Brook stream corridor with public
access, and off-street pathways within the stream corridor and through
the ARH District shall be provided.
6.
Any development of a mixed-use, age-restricted housing development
shall require that adequate public sewerage and public water capacity
exists to serve the proposed uses.
7.
A mixed-use, age-restricted housing development shall provide a gated
interconnection to the adjacent shopping center to afford the residents
of the mixed-use, age-restricted housing development the convenience
of pedestrian and, where feasible, vehicular access to the retail
stores and services in the adjacent HC zoning district.
8.
A mixed-use, age-restricted housing development shall be conceived,
designed, and approved as a single entity. The entirety of a mixed-use,
age-restricted housing development shall be planned and developed
with a common architectural theme which shall be subject to review
and approval by the Planning Board; the architectural theme shall
include the appearance of buildings, signing, fencing, lighting, paving,
curbing, and landscaping.
f.
Requirements for all Buildings in a Mixed-Use, Age-Restricted Housing
Development.
1.
All assisted living facilities and professional office buildings
shall have a dual pitched, single ridge roof (such as gable, hip,
gambrel or mansard roof) with a minimum pitch of one foot vertical
to eight feet horizontal, and no flat roof shall be permitted; provided,
however, that where roof mounted equipment is necessary and/or preferable
for the operation of the building, a facade roof treatment exhibiting
the appearance of such a dual pitched, single ridge roof may be permitted
if specifically approved by the Planning Board as part of a submitted
site plan application for development.
2.
All age-restricted single-family and patio home dwelling units shall
meet the following requirements:
(a)
Prototypical architectural plans for the age-restricted single-family
and patio home dwelling units to be constructed on the required minimum
lot sizes, as applicable, shall be submitted to the Planning Board
as part of the final subdivision submission, indicating the scale
and mass of the dwelling units to be constructed, the relationship
between first and second floor elevations and the typical type and
extent of landscaping to be provided at time of initial sale to a
homeowner.
(b)
Final architectural elevations of all proposed age-restricted
single-family and patio home dwelling units shall be submitted to
the Planning Board for review and approval as part of the final subdivision
submission and the information provided shall include the proposed
surface materials of the buildings.
(c)
The Planning Board shall have the right to require specific
restrictions to be incorporated in the deeds of the lots and within
the by-laws of any Homeowners' Association regarding future building
expansion and/or the construction of additional accessory structures
when the maximum building coverage of the principal building, floor
area ratio and/or lot coverage will be entirely or nearly utilized
at the time of initial sale to a homeowner.
(d)
The gross floor area situated above the first floor of a detached
single-family dwelling unit shall not equate to more than 55% of the
gross floor area situated on the first floor of the dwelling unit.
The gross floor area situated above the first floor of a patio home
dwelling unit shall not equate to more than 65% of the gross floor
area situated on the first floor of the dwelling unit.
(e)
Garages shall be attached to the principal building and shall
be considered part of the dwelling unit for floor/area ratio calculations;
no detached accessory garages shall be permitted.
(f)
Windows on detached dwelling units shall be restricted as follows:
(1)
No windows shall be permitted on the first floor within five
feet of any side property line;
(2)
Windows on the first floor, situated on a wall located less
than 10 feet, but more than five feet, from a side property line,
shall be located at least five feet above the outside ground elevation
beneath the window, unless applicable construction code provisions
require a lower window elevation, in which case the windows shall
be located as high on the wall as permitted by such code provisions;
(3)
Windows on the second floor, situated on a wall located within
10 feet of a side property line, shall not exceed an aggregate area
(as measured from the interior of the window sills and frames) equal
to 25% of the outside wall area of the room with the window(s); and
(4)
Windows on walls set back 10 feet or more from a property line
shall have no window treatment restrictions, as noted above.
g.
Age Restrictions for Single-Family and Patio Home Dwelling Units.
1.
All age-restricted single-family or patio home dwelling units shall
be deed restricted for occupancy by households with at least one person
55 years of age or older and with no person less than 19 years of
age, provided that visitors less than 19 years of age are permitted
for no more than eight weeks during any twelve-month time period.
2.
The wording of the required deed restriction shall be submitted by
the applicant to the Planning Board for review as part of the application
for final subdivision approval, and the wording shall be reviewed,
modified as necessary, and finally approved by the Township Committee
and incorporated within a developer's agreement between the developer
and the Township Committee as a condition of any final approval granted
by the Planning Board for an age-restricted housing development.
3.
The wording of the required deed restriction as finally approved
by the Township Committee shall be recited in the Master Deed and
the Homeowners' Association by-laws, which also shall be reviewed
and approved by the Township Committee and Planning Board as a condition
of any final approval granted by the Planning Board for an age-restricted
housing development.
h.
Off-Street Parking, Private Garages and Driveways.
1.
No residential lot, assisted living facility or professional office
building shall have driveway access to any road other than a local
road developed as part of the mixed-use, age-restricted housing development,
except for an existing dwelling unit.
2.
Each age-restricted single-family and patio home dwelling unit shall
be provided with an attached garage; no detached garages shall be
permitted.
3.
Each driveway leading to the garage shall be at least 18 feet in
length, measured between the garage door and the curb or between the
garage door and a sidewalk, whichever distance is less.
4.
No driveway on an age-restricted lot shall be located within five
feet of any property line, except that the turn-around pavement area
providing access to a side-entry garage on a lot with frontage on
the bulb of a cul-de-sac may be located within three feet of a property
line and except further that there shall be no separation between
abutting and/or shared driveways along a common property line of attached
patio homes where cross easements have been provided.
5.
No off-street overflow parking area or parking associated with the
assisted living facility or professional offices shall be within 25
feet of any lot line.
6.
Each individual use shall provide off-street parking spaces according
to the following minimum provisions:
(a)
Age-restricted detached single-family and patio home dwelling
units shall provide 1.5 spaces per two-bedroom unit; two spaces per
three-bedroom unit; 2.5 spaces per four-bedroom unit; and three spaces
per five or more bedroom unit. Where the bedroom count per unit is
not specified, 2.5 spaces per dwelling unit shall be provided.
(b)
An assisted living facility shall provide parking at the ratio
of 1/3 space per unit, provided that there is adequate parking provided
for staff and guests.
(c)
Professional offices shall provide parking at the ratio of one
parking space per 200 square feet of gross floor area or part thereof.
(d)
Any recreational facilities center or clubhouse shall provide
a minimum of 40 off-street parking spaces.
i.
Off-Street Loading and Trash Pickup Areas for Nonresidential Uses.
1.
Each nonresidential building shall provide at minimum one off-street
loading space at the side or rear of the building or within the building.
Any loading dock space shall be at least 15 feet in width by 40 feet
in length with adequate ingress and egress from a public street and
with adequate space for maneuvering. Additional spaces may be necessary
and required dependent upon the specific activity. There shall be
no loading or unloading from the street.
2.
There shall be at least one trash and garbage pickup location within
convenient access to the nonresidential building being served, including
provisions for the separation and collection of recyclable materials
in accordance with the recycling requirements of Somerset County and
in accordance with the following:
(a)
The trash and garbage pickup location shall be provided either
within the building being served or in a pickup location outside the
building;
(b)
If located within the building, the doorway may serve both the
loading and trash/garbage functions, and if located outside the building,
it may be located adjacent to or within the general loading area(s)
provided the container in no way interferes with or restricts loading
and unloading functions; and
(c)
If located outside the building, the trash and garbage pickup
location shall include a steel-like, totally enclosed trash and garbage
container located in a manner to be obscured from view from parking
areas, streets and adjacent residential uses or zoning districts by
a fence, wall, planting or combination of all three.
j.
Permitted Signs.
1.
A mixed-use, age-restricted housing development shall be permitted
one ground mounted freestanding sign no larger than 40 square feet
in area identifying the name of the mixed use, age-restricted housing
development.
2.
One ground mounted freestanding sign no larger than 30 square feet
shall be permitted at the entrance of each lot containing the professional
office complex and the assisted living facility.
3.
One building mounted sign no larger than 20 square feet in area shall
be permitted on each professional office building and on the assisted
living facility.
4.
The permitted freestanding signs shall not exceed six feet in height
and shall be set back at least 10 feet from any street right-of-way
line and 20 feet from any other property line.
5.
The freestanding signs may be lighted, provided the lighting is exterior
to the sign and is located at the top of the sign focused downward
onto the sign.
6.
Additional signage within the interior of the site may be approved
by the Planning Board for directional purposes or other good cause
shown by the applicant as part of the site plan approval.
k.
Open Space Requirements for a Mixed-Use, Age-Restricted Housing Development.
1.
Land equal to a minimum of 50% of the tract of land proposed for
a mixed-use, age-restricted housing development shall be specifically
set aside for conservation, recreation, agriculture or other open
space.
2.
All land utilized for street rights-of-way and for detention or retention
basins, which shall be located in the open space areas, shall be included
as part of the above 50%.
3.
To the extent practicable, all individual age-restricted residential
lots shall abut open space.
4.
The open space area, in whole or in part, may be offered by deed
to the Township or shall be deed restricted as common open space to
be owned and maintained by a Homeowners' Association.
(a)
If the applicant proposes that any open space areas shall be
dedicated to the Township, then the Planning Board shall forward such
proposal to the Township Committee with its recommendation as to how
the land area should be used consistent with the ARH District ordinance
provisions.
(1)
The Township Committee shall advise the Planning Board as to
whether or not the open space area offered for dedication to the Township
will be accepted by the Township and whether it agrees with the Planning
Board as to how the land area should be used, which may include conservation,
active or passive recreation, agriculture and/or other open space.
(2)
The Planning Board shall not grant final approval to any portion
of the proposed development until it receives the communication from
the Township Committee regarding the disposition of the open space
area offered for dedication, and shall approve the development accordingly.
(b)
All open space areas not offered to and/or not accepted by the
Township shall be deed restricted to the use(s) as specifically approved
by the Planning Board, and such open space areas shall be owned and
maintained by a Homeowners' Association in accordance with the provisions
governing open space organizations at N.J.S.A. 40:55D-43 of the Municipal
Land Use Law.
l.
Required Recreational Facilities.
1.
A mixed-use, age-restricted housing development shall provide adequate
active recreational facilities within the specified open space in
order to satisfy the needs of the anticipated age-restricted-residential
population of the development. All recreational facilities shall adhere
to the standards set forth in the Barrier Free Subcode of the Uniform
Construction Code of the State of New Jersey.
2.
The following listing and ratios of recreational facilities are recommended
as guidelines for the applicant and Planning Board in their evaluation
of the adequacy of proposed recreational facilities within a mixed-use,
age-restricted housing development, although alternative recreational
facilities and ratios thereof may be proposed by the applicant and
approved by the Board:
(a)
One swimming pool with a minimum water surface of 1,800 square
feet, and a deck/patio equal to an area equivalent to 150% of the
water surface area;
(b)
Two tennis courts;
(c)
One clubhouse/recreation building, at least 7,500 gross square
feet in aggregate area, with adjacent off-street parking as approved
by the Planning Board;
(d)
At least four courts, either Boccie and/or shuffleboard courts;
and
(e)
Jogging, bicycle and cardiovascular exercise paths throughout
the development.
m.
Lighting. Lighting in the residential areas of the mixed-use, age-restricted
housing development shall be minimal for safety and security purposes
in accordance with the following provisions:
1.
The light fixtures along driveways and within parking areas shall
not exceed 14 feet in total height and shall include non-glare lights
with recessed lenses focused downward and with cut-off shields as
appropriate in order to mitigate against adverse impacts upon adjacent
and nearby properties and overhead skyglow.
2.
The lighting of any sidewalk and/or pathway shall be via bollard
lighting no more than four feet in height.
n.
Affordable Housing Requirements.
1.
The portion of the mixed-use, age-restricted housing development
devoted to age-restricted detached single-family and patio home dwelling
units shall be considered inclusionary developments in accordance
with the substantive rules of the New Jersey Council on Affordable
Housing (COAH).
However, in lieu of actually constructing affordable housing
units on the subject property, and in accordance with COAH's substantive
rules, the developer shall contribute $25,000 per 5% of the total
detached single-family and patio home dwelling units approved within
the subject portion of the development, which moneys shall be deposited
in the Montgomery Township Housing Trust Fund to be utilized for any
activity approved by COAH which addresses the fair share housing obligation
of the Township of Montgomery.
[Ord. #10-1358, S 4; Ord. #11-1376, S 4; Ord. #12-1418, S
13; Ord. #12-1423, S 6; amended 7-19-2018 by Ord. No. 18-1584; 7-19-2018 by Ord. No. 18-1585; 7-19-2018 by Ord. No. 18-1586; 7-16-2020 by Ord. No. 20-1642; 9-1-2022 by Ord. No. 22-1688; 4-18-2024 by Ord. No. 24-1723]
In accordance with N.J.A.C. 5:97-6.4 of COAH's Third Round Substantive
Rules, the following five zoning districts are created for the construction
of affordable housing units in accordance with COAH's rules for site
specific Zoning For Inclusionary Development and other applicable
COAH rules.
a.
Site Specific Inclusionary Zone 1 (SSIZ-1).
1.
Property Description and Purpose.
(a)
The SSIZ-1 includes approximately 26.157 acres of the property
situated on Orchard Road near the southwestern corner of the Route
206/Orchard Road intersection; the property is identified as Block
28001/Lot 5.01 on the Township Tax Maps.
(b)
The subject property shall be developed in its entirety as an
"inclusionary" residential development containing a total of 152 units,
including 112 market family units for sale and 40 affordable family
units for rent, which is planned, approved and constructed as a single
development.
2.
Conceptual Development Plan for the Subject Property.
(a)
A conceptual plan initially was prepared for the property and
was included in the Housing Plan Element & Fair Share Plan (HPE&FSP)
document which was adopted by the Montgomery Township Planning Board
on December 8, 2008.
(1)
An updated and more detailed conceptual site plan was prepared
by Van Cleef Engineering Associates and is dated March 26, 2012, with
revisions through August 31, 2012.
(2)
The updated conceptual site plan includes 112 market rate townhouses
plus 40 rental apartment units to be set aside for occupancy by COAH
qualified family households.
(3)
Twenty-six of the 40 rental apartment units shall be for COAH
qualified moderate-income households, six shall be for low-income
households, and eight shall be for very-low-income households.
(b)
It is intended that the development of the SSIZ-1 designated
property be in accordance with the August 31, 2012 updated conceptual
site plan referred to hereinabove.
3.
Principal Permitted Uses on the Land and in Buildings.
4.
Accessory Uses Permitted.
(a)
Common recreational facilities as specifically approved by the
Planning Board within the designated open space, including, but not
limited to, tennis courts, tot lots, picnic tables and recreational
paths.
(b)
Landscaping features including benches, trellises, gazebos and
other such features customarily associated with the permitted principal
uses.
(c)
Underground sprinkler systems within the designated open space
and within individual lots, provided that the water spray does not
extend beyond the tract boundary line.
(e)
Patios and decks in the rear yard areas of dwelling units, in accordance with the standards specified in Subsection 16-6.3 of this chapter.
(g)
Signs in accordance with Subsection 16-4.14a11 hereinbelow and the design provisions specified in Subsection 16-5.13 of this chapter.
(h)
Office space within an apartment building to be used for the
operation and management of the affordable rental apartments.
5.
Maximum Building Height.
(a)
Notwithstanding anything to the contrary in this chapter, no
apartment building shall exceed 48 feet in height and 3 1/2 stories
as measured from the proposed finished grade.
(b)
Notwithstanding anything to the contrary in this chapter, no
townhouse building shall exceed 35 feet in height and 2 1/2 stories
as measured from the proposed finished grade, except that where walkout
basements are provided for units which abut common open space or conservation
or deed restricted areas at least 200 feet deep and/or where walkout
basements are provided for units which abut a nonresidential zoning
district, the building height shall be measured along the front side
of the building only.
(c)
No accessory building shall exceed 15 feet in height and 1 1/2
stories.
6.
Maximum Number of Dwelling Units Permitted. The maximum number of
dwelling units shall be computed on the basis of 5.9 dwelling units
per gross acre of land, but in any case, no more than 152 dwelling
units shall be permitted.
7.
Area and Distance Requirements. Minimum distances between townhouse
buildings and/or apartment buildings shall be measured horizontally
in feet and shall be measured away from the front, side and rear of
each building. The total minimum separation between the buildings
shall be the sum of the two abutting distances, and each building
shall have one front, one rear and two side yards:
(a)
The minimum distances shall be 25 feet for the front of a building
on a public street and 10 feet for the front of a building on a private
street; 15 feet for the side of a building; and 20 feet for the rear
of a building;
(b)
No portion of any building shall be closer to any portion of
any other building than the combined distances of the abutting requirements
for each building, provided that the corner of a building off-set
more than a 20° angle from a line drawn parallel to another building
shall be considered a side of the building, and provided further that,
in any case, the minimum building separation shall be 30 feet; and
(c)
The minimum separation distances shall not consider in the distance
calculations the following:
(1)
Any attached deck at the rear of a unit, provided that the deck
does not extend more than 10 feet from the rear of the unit; and
(2)
Any bay windows, chimneys, or other architectural features extending
from the building wall as may be specifically approved by the Planning
Board, provided that such architectural features extend no more than
two feet from the building wall.
(d)
In any case, and notwithstanding the distances specified hereinabove,
no building shall be located closer than 50 feet to the right-of-way
line of any existing public street, 35 feet to any tract boundary
line, and 10 feet from any private road or parking area.
8.
Requirements for Buildings:
(a)
All buildings shall have a dual pitched, single ridge roof (such
as gable, hip, gambrel or mansard roof) with a minimum pitch of five
feet vertical to 12 feet horizontal, and no flat roof shall be permitted;
provided, however, that where roof mounted equipment is necessary
and/or preferable for the operation of the building, a facade roof
treatment exhibiting the appearance of such a dual pitched, single
ridge roof may be permitted if specifically approved by the Planning
Board as part of a submitted site plan application for development.
(b)
For buildings more than 2 1/2 stories in height, the following
shall be met:
(1)
The building, or portions thereof, shall be provided with both
heat and smoke alarms as well as a fire suppression sprinkler system
where required by code.
(2)
Every egress window as defined by the Uniform Construction Code
of the State of New Jersey shall be directly and safely accessible
from the ground by a twenty-eight-foot high ladder placed at the currently
adopted National Fire Protection Association (NFPA) accepted ladder-to-ground
angle of elevation.
9.
Off-Street Parking, Private Garages And Driveways.
(a)
Notwithstanding any other ordinance provisions to the contrary,
each individual use shall be provided off-street parking spaces according
to the following minimum provisions, provided that a lesser number
of parking spaces may be approved by the Planning Board subject to
a waiver of the Residential Site Improvement Standards (RSIS) being
obtained by the applicant.
(1)
Townhouses shall be provided 1.8 off-street spaces for each
one-bedroom unit, 2.3 spaces for each two-bedroom unit, and 2.4 spaces
for each three-bedroom townhouse unit. Where the bedroom count per
dwelling unit is not specified, 2.3 spaces per unit shall be provided.
(2)
Apartments shall be provided 1.8 off-street spaces for each
one-bedroom unit, 2.0 spaces for each two-bedroom unit, and 2.1 spaces
for each three-bedroom apartment unit. Where the bedroom count per
dwelling unit is not specified, 2.0 spaces per unit shall be provided.
(3)
For both townhouses and apartments, each garage space shall
be counted as 1.0 off-street parking space, regardless of the length
of the driveway.
(i)
A one-car garage and driveway combination shall
count as two off-street parking spaces for the subject unit, provided
that the driveway measures a minimum of 18 feet in length between
the face of the garage door and the right-of-way or between the face
of the garage door and a sidewalk, whichever distance is less.
(ii)
A two-car garage and driveway combination shall
count as 3 1/2 off-street parking space for the subject unit,
provided that the driveway measures a minimum of 20 feet in width
for a minimum 18 feet in length between the face of the garage door
and the right-of-way or between the face of the garage door and a
sidewalk, whichever distance is less.
(b)
All off-street parking spaces shall be on the same site as the
use they are intended to serve and shall be located within 150 feet
of the nearest building entrance providing access to the subject use.
(c)
No off-street parking area or internal roadway shall be located
within 50 feet of any existing public road.
10.
Trash and Recycling Requirements. Unless a different method for the
pickup of trash and recyclable materials is proposed by the applicant
and approved by the Planning Board, an indoor or outdoor recycling
area for the collection and storage of residentially-generated trash
and recyclable materials shall be provided as follows:
(a)
The trash and recyclable material collection and pickup locations
shall be provided either within the building being served or in nearby
locations outside the building.
(b)
If located outside the building, the trash and recyclable materials
area shall include a steel-like, totally enclosed trash and garbage
container, finished with materials used to construct the building(s)
being served, and located in a manner to be obscured from view from
parking areas, streets and adjacent residential uses or zoning districts
by a fence or wall. Landscaping, at least six feet in height, shall
be provided around any outdoor recycling area.
(c)
The area provided for the collection and pickup of recyclable
materials shall be well lit and shall be safely and easily accessible
by recycling personnel and vehicles. Collection vehicles shall be
able to access the recycling area without interference from parked
cars or other obstacles. Reasonable measures shall be taken to protect
the recycling area and the bins or containers placed therein against
theft of recyclable materials, bins or containers.
(d)
The area provided for the collection and pickup of recyclable
materials, and the bins or containers placed therein, shall be designed
so as to provide protection against adverse environmental conditions
which might render the collected materials unmarketable. Any bins
or containers which are used for the collection of recyclable paper
or cardboard, and which are located in an outdoor recycling area,
shall be equipped with a lid, or otherwise covered so as to keep the
paper or cardboard dry.
(e)
Individual bins or containers for the collection and pickup
of recyclable materials shall be equipped with signs indicating the
materials to be placed therein.
11.
Permitted Signage.
(a)
One ground mounted freestanding sign identifying the name of
the development no larger than 25 square feet shall be permitted at
the entrance to the development from an existing public street.
(1)
The sign shall not exceed six feet in height and shall be set
back at least 10 feet from all street lines and 50 feet from all other
property lines.
(2)
Any sign illumination shall be external to the sign and shall
be designed and oriented to prevent any sight of the lamp from any
street or neighboring properties.
12.
Common Open Space Requirements.
(a)
See Subsection 16-6.5d for standards, requirements and guidelines, except that the provisions concerning exclusion of detention and/or retention basins from common open space shall not be applicable.
(b)
At minimum, a recreational pathway system and tot lot shall
be provided for the residents of the development consistent with that
shown on the updated conceptual site plan dated March 26, 2012, with
revisions through August 31, 2012.
13.
General Requirements and Exceptions.
(a)
The development shall be planned and developed with a common
architectural theme which shall be subject to review and approval
by the Planning Board; the architectural theme shall include the appearance
of all sides of all buildings, signing, fencing, lighting, paving,
curbing, and landscaping.
(b)
The right-of-way for the portion of the north-south Route 206
bypass Master Plan road extending from Orchard Road south to Route
518 shall be dedicated to Montgomery Township for future roadway construction.
The general location of said roadway shall be as depicted on the updated
conceptual site plan included in the executed Affordable Housing Agreement
between the applicant and the Township. The area of the dedicated
land to the Township for the Master Plan road shall be credited to
the landowner for density calculations.
(c)
The development shall require that adequate public sewerage
and potable water be provided.
(d)
No construction permit shall be issued for any dwelling unit,
an addition thereto, or for an accessory structure unless the proposed
construction is in accordance with the site plan as approved by the
Planning Board. After the initial construction of a dwelling unit
in accordance with the approved site plan, no application for a subsequent
construction permit will be accepted by Montgomery Township for processing
unless the application is accompanied by a statement from any applicable
homeowners' association indicating that the proposed construction
has been approved by the homeowners' association.
(e)
Forty rental apartment units shall be set aside for occupancy
by COAH eligible family households. Of the 40 rental apartment units,
26 units shall be for COAH qualified moderate-income households, six
units shall be for low-income households, and eight units shall be
for very-low-income households.
(g)
Apartment buildings may be located on separate lots which are
created for financial purposes and are superimposed on the approved
site plan for the development, provided that appropriate cross easements
are provided.
(h)
All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The landscaping requirements of subsection 14-3.12 of Chapter 14 shall reasonably be applied.
b.
Site Specific Inclusionary Zone 2 (SSIZ-2).
1.
Property description and purpose.
(a)
The SSIZ-2 includes approximately five acres of property situated
on the east side of State Highway Route 206 and is identified as "Block
29002, Lot 45," on the Township Tax Assessment Maps (rev. ed. 2017).
(b)
The tract subject to the SSIZ-2 District regulations contains
remnants of a developed property consisting of an open grassed area
that was the site of a structure since demolished and an asphalt paved
area that served as the parking area and driveway for the previous
use. The SSIZ-2 District provides land use regulations for the redevelopment
of the site where specific site elements are incorporated that limit
the impact to the surrounding parcels through the requirement of adequate
development setbacks and sufficient buffering.
(c)
The SSIZ-2 District is intended to provide for the development
of an inclusionary multifamily housing development containing a total
of 115 units, including 92 market-rate family rental units and 23
affordable family rental units restricted to occupancy by households
of very low, low and moderate income. Affordable dwellings shall be
integrated and indistinguishable from the market-rate units.
2.
Conceptual development plan for the subject property.
(a)
A conceptual plan has been prepared for the property.
(1)
The conceptual site plan was prepared by Van Cleef Engineering
Associates, dated May 22, 2018, revised June 12, 2018. A true copy
of same, available for inspection by the public, is on file in the
offices of the Township Clerk and Planning Director.
(2)
The conceptual site plan includes two apartment buildings. There
shall be a maximum of 115 units, of which 23 family apartment units
shall be affordable to very-low-, low- and moderate-income households.
(3)
Eleven of the 23 affordable rental units shall be affordable
to moderate-income households, nine of the units shall be affordable
to low-income households, and three of the units shall be affordable
to very-low-income households.
(4)
Four of the 23 affordable rental units shall be one-bedroom
units, 14 shall be two-bedroom units, and five shall be three-bedroom
units.
(b)
It is intended that the redevelopment of SSIZ-2 designated property
be in accordance with the conceptual site plan referred to hereinabove.
3.
Principal permitted uses on the land and in buildings:
4.
Accessory uses permitted:
(a)
Common recreational facilities, as specifically approved by
the Planning Board, within the specified open space in order to satisfy
the needs of the residential population within the development, including,
but not limited to, tennis courts, tot lots, picnic tables and recreational
paths.
(b)
Landscaping features, including benches, trellises, gazebos
and other such features customarily associated with the permitted
principal uses.
(c)
Underground sprinkler systems within the designated open space
and within individual lots, provided that the water spray does not
extend beyond the tract boundary line.
(e)
Patios and balconies in accordance with the standards specified in Subsection 16-6.3 of this chapter.
(g)
Signs in accordance with Subsection 16-4.14b11 hereinbelow and the design provisions specified in Subsection 16-5.13 of this chapter.
(h)
Office space within an apartment building to be used for the
operation and management of the affordable rental apartments.
(j)
Existing utility building.
(k)
Temporary construction trailers and one sign not exceeding 32
square feet in area, either attached to the trailer or freestanding,
which advertises the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a construction permit and ending with
the issuance of a certificate of occupancy or one year, whichever
time period is less. The temporary construction trailer(s) and temporary
sign shall be located on the site where the construction is taking
place and shall be set back at least 30 feet from all lot lines and
from the right-of-way lines of all existing and proposed streets.
There shall be at least one operating telephone within the trailer.
6.
Maximum number of dwelling units and maximum intensity permitted.
The maximum number of dwelling units shall be computed on the basis
of 23 dwelling units per gross acre of the entire tract, but in any
case no more than 115 units shall be permitted.
7.
Area and distance requirements.
(a)
Impervious coverage shall not exceed 70% of the gross tract
area.
(b)
Building coverage shall not exceed 30% of the gross tract area.
(c)
The minimum separation between the buildings shall be 70 feet.
(d)
Notwithstanding the distances specified hereinabove, no building
shall be located closer than 75 feet to the existing right-of-way
line of any public street, 20 feet to the side property lines, 50
feet to the rear property line, and 10 feet to any parking area, except
that balconies may encroach into a required front, side, or rear yard
setback up to three feet.
(e)
No parking area, loading area, driveway or other structure (except
for approved accessways, signs and fencing) shall be permitted within
nine feet of any property line, and such areas shall be planted and
maintained in lawn area or ground cover and shall be landscaped with
trees and shrubbery as approved by the Board.
8.
Requirements for buildings.
(a)
General architectural requirements.
(1)
The building design shall be generally in accordance with the
exhibit entitled "Proposed Apartments," dated June 6, 2018, revised
June 26, 2018, prepared by Holliday Architects, Inc. A true copy of
same, available for inspection by the public, is on file in the offices
of the Township Clerk and Planning Director.
(2)
However, it is not intended that the building concept plan be
definitive regarding any particular aspect of the architectural design,
it being intended that Board review of the architectural plans will
result in reasonable refinements, while still being substantially
consistent with the building concept plan.
(3)
Multiple detached principal buildings shall be permitted on
the tract.
(4)
The exteriors of all building in the development, including
accessory buildings, shall be architecturally compatible and shall
be constructed of complementary materials.
(5)
All building elevations shall exhibit classical proportions.
The characteristics of classicism include symmetry, repetition of
elements, expressions of hierarchy to reflect the building uses, and
tripartite compositions (base, middle, top).
(6)
Subelements within the facades and individual architectural
components (i.e., railings, awnings, columns) shall also conform to
the overall classical proportions of the facade.
(7)
All entrances to a building shall be articulated utilizing architectural
elements such as lintels, pediments, pilasters, columns, porticoes,
porches or overhangs.
(8)
Balconies and patios shall be designed as integral subcomponents
of the building facade. Cantilevered balconies are not permitted.
(9)
The building shall be provided with both heat and smoke alarms
as well as a fire-suppression sprinkler system where required by code.
(b)
Facade treatments.
(1)
Any facade exceeding 30 feet or more in length shall include
at least one change in wall plane (projection or recess) having a
depth of at least 3% of the entire length of the facade and extending
for a minimum of 20% of the entire length of the facade.
(2)
The architectural treatment of the front facade(s) shall be
continued in its major features around all sides of each building.
(c)
Roof treatments.
(1)
Principal roof eaves shall project at least one foot beyond
the building facade or a supporting column. Secondary roof eaves (i.e.,
balconies, porches and patios) shall project at least one foot.
(2)
Roofs shall have a minimum pitch of 4/12.
(3)
The transition between a facade and a roof shall have a cornice
or frieze that is designed to fit the overall composition of the facade.
(d)
Window treatments.
(1)
Windows and other openings in the facade shall exhibit a vertical
emphasis, in harmony with the overall facade composition. Windows
shall be single-hung with simulated divided lights.
(2)
Within each building elevation, the maximum ratio of windows
to wall shall be 50% window to 50% wall. The minimum ratio of window
to wall shall be 25% window to 75% wall.
9.
Off-street parking and driveways.
(a)
No off-street parking area or internal roadway or drive aisle
shall be located within 50 feet of any existing public road.
(b)
Each dwelling unit shall be provided a minimum number of parking
spaces according to the provisions of the Residential Site Improvement
Standards (RSIS), N.J.A.C. 5:21, or based upon historical data provided,
subject to Township review.
10.
Trash and recycling requirements.
(a)
The trash and recyclable material collection and pickup locations
shall be provided either within the building being served or in nearby
locations outside the building.
(b)
If located outside the building, the trash and recyclable materials
area shall be totally enclosed, finished with materials used to construct
the building(s) being served, up to a maximum of eight feet in height,
and located in a manner to be obscured from view from parking areas,
streets and adjacent residential uses or zoning districts by a fence
or wall. Landscaping, at least six feet in height, shall be provided
around any outdoor trash and recycling area.
(c)
The area provided for the collection and pickup of trash and
recyclable materials shall be well lit and shall be safely and easily
accessible by trash and recycling personnel and vehicles. Collection
vehicles shall be able to access the trash and recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the trash and recycling area and the bins
or containers placed therein against theft of trash and recyclable
materials, bins or containers.
(d)
Any bins or containers which are used for the collection of
trash and recyclable material, and which are located in an outdoor
trash and recycling area, shall be equipped with a lid.
(e)
Individual bins or containers for the collection and pickup
of recyclable materials shall be equipped with signs indicating the
materials to be placed therein.
11.
Permitted signage.
(a)
Community sign. One ground-mounted freestanding sign identifying
the name of the development, no larger than 25 square feet, shall
be permitted at the entrance to the development from an existing public
street.
(1)
The sign shall not exceed six feet in height and shall be set
back at least 10 feet from all street lines and 50 feet from all other
property lines.
(2)
Any sign illumination shall be external to the sign and shall
be designed and oriented to prevent any sight of the lamp from any
street or neighboring properties.
(b)
Residential building identification. Each residential building
may have up to two attached identification signs. The maximum sign
area of each shall not exceed six square feet. Such signs shall be
appropriately integrated within the architecture of the buildings.
12.
Community design.
(a)
A minimum of 750 square feet of area shall be provided as community
space as depicted on the concept site plan.
(b)
Plantings. All portions of a lot not covered by buildings or
structures (e.g., parking lots, parking spaces, loading areas, access
aisles, driveways, sidewalks, walkways, curbs, trash enclosures, children's
play areas, dog walks, etc.) shall be suitably planted with grass,
shrubs, and trees and shall be maintained in good condition. In any
case, no less than 20% of the area of the lot shall be so planted,
and the planted area may include approved detention and/or retention
basins.
(c)
Other design features.
(1)
Wherever reasonably feasible, sustainable construction techniques
shall be utilized to minimize the impact upon the environment, including
energy-efficient building designs, recycled materials, water conservation
devices, permeable pavement, native plantings, low chemical usage
to maintain the landscaping, and similar measures which are sensitive
to the environment.
(2)
The stormwater management plan shall include stormwater management
facilities that are designed to enhance the aesthetic attributes of
the proposed development.
13.
Affordable housing standards.
(a)
A developer's agreement is required to establish low/moderate
apportionment, very-low-income requirement per N.J.S.A. 52:27D-329.1,
bedroom distribution, unit size, etc.
(b)
At least 13% of the units shall be affordable to very-low-income
households, 37% of the units shall be affordable to low-income households,
and 50% shall be affordable to moderate-income households.
(c)
The affordable units shall be developed in accordance with COAH's
regulations at N.J.A.C. 5:93[1] and the Uniform Housing Affordability Controls (UHAC),
N.J.A.C. 5:80-26.1 et seq., which govern the administration and affordability
controls of affordable units in New Jersey, with one exception. The
exception is for 13% very-low-income housing at 30% of the regional
median income instead of the UHAC requirement of 10% very-low-income
housing at 35% of the regional median income.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B–5.1b,
Chapter 93, Substantive Rules of the New Jersey Council on Affordable
Housing for the Period Beginning June 6, 1994, expired on October
16, 2016.
(d)
Affordable housing standards. In addition to addressing the
requirements of COAH as noted above, the affordable units shall be
developed in accordance with the following:
(1)
The affordable units cannot be age-restricted units;
(2)
The bedroom distribution requirements pursuant to N.J.A.C. 5:93-7.3[2] and N.J.A.C. 5:80-26.3(b).
[2]
Editor's Note: In accordance with N.J.S.A. 52:14B–5.1b,
Chapter 93, Substantive Rules of the New Jersey Council on Affordable
Housing for the Period Beginning June 6, 1994, expired on October
16, 2016.
(3)
The unit distribution requirements pursuant to N.J.A.C. 5:80-26.3.
(4)
The length of controls requirement and deed restrictions pursuant
to N.J.A.C. 5:80-26.11.
c.
Site Specific Inclusionary Zone 3 (SSIZ-3).
1.
Property description and purpose.
(a)
The SSIZ-3 includes approximately 22 acres of property situated
on the east side of Van Home Road (State Highway Route 206) and is
identified as Block 6001, Lots 33, 34, 34.01, 35, 35.01 and 36 on
the Township Assessment Tax Maps (red. Ed. 2017).
(b)
The SSIZ-3 District provides land use regulations for the redevelopment
of the site where specific site elements are incorporated that limit
the impact to the surrounding parcels through the requirement of adequate
development setbacks and sufficient buffering. The SSIZ-3 District
is intended to provide for the development of an inclusionary multifamily
housing development with a portion of such housing restricted to occupancy
by households of very low, low and moderate income. Affordable dwellings
shall be integrated and indistinguishable from the market-rate units.
(c)
The SSIZ-3 District shall permit the property to be subdivided
such that:
(1)
Approximately 13 acres of the property, oriented to Van Home
Road, is to be developed as an inclusionary residential development,
including:
(2)
Approximately 1/2 acre shall be developed with a sanitary sewer
pump station that will be dedicated to Montgomery Township.
(3)
The remaining approximately nine acres of the property to the rear of the inclusionary development that is encumbered by environmental constraints such as freshwater wetlands, riparian zones, stream corridors, etc., shall be dedicated to Montgomery Township or otherwise conserved [see Subsection 16-4.14 c12(a)]. However, the residential developer shall be permitted to construct a sanitary sewer infrastructure pipeline through this property and a stormwater management facility discharge.
2.
Conceptual development plan for the subject property.
(a)
A conceptual plan has been prepared for the property.
(1)
The conceptual site plan was prepared by Van Cleef Engineering
Associates, dated May 24, 2016, revised June 21, 2018, and is now
being replaced by a plan dated April 15, 2020, revised February 22,
2022. A true copy of same, available for inspection by the public,
is on file in the offices of the Township Clerk and Planning Director.
(2)
The conceptual site plan includes 54 residential units, including
36 townhouses and 18 apartments. There shall be a maximum of 54 residential
units, of which 11 family apartment units shall be affordable to very-low-,
low- and moderate-income households.
(3)
Five of the 11 affordable rental units shall be affordable to
moderate-income households, four of the units shall be affordable
to low-income households, and two of the units shall be affordable
to very-low-income households.
(4)
Two of the 11 affordable rental units shall be a one-bedroom
unit, six shall be two-bedroom units, and three shall be three-bedroom
units.
(b)
It is intended that the redevelopment of SSIZ-3 designated property
be in accordance with the conceptual site plan referred to hereinabove.
3.
Principal permitted uses on the land and in buildings:
4.
Accessory uses permitted:
(a)
Common recreational facilities, as specifically approved by
the Planning Board, within the specified open space in order to satisfy
the needs of the residential population within the development, including,
but not limited to, tennis courts, tot lots, picnic tables and recreational
paths.
(b)
Landscaping features, including benches, trellises, gazebos
and other such features customarily associated with the permitted
principal uses.
(c)
Underground sprinkler systems within the designated open space
and within individual lots, provided that the water spray does not
extend beyond the tract boundary line.
(e)
Patios, decks and balconies in accordance with the standards specified in Subsection 16-6.3 of this chapter.
(g)
Signs in accordance with Subsection 16-4.14c11 hereinbelow and the design provisions specified in Subsection 16-5.13 of this chapter.
(h)
Office space within an apartment building to be used for the
operation and management of the affordable rental apartments.
(j)
Temporary construction trailers and one sign not exceeding 32
square feet in area, either attached to the trailer or freestanding,
which advertises the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a construction permit and ending with
the issuance of a certificate of occupancy or one year, whichever
time period is less. The temporary construction trailer(s) and temporary
sign shall be located on the site where the construction is taking
place and shall be set back at least 30 feet from all lot lines and
from the right-of-way lines of all existing and proposed streets.
There shall be at least one operating telephone within the trailer.
6.
Maximum number of dwelling units permitted. The maximum number of
dwelling units shall be 54 units.
7.
Area and distance requirements.
(a)
Townhouse units.
(1)
The minimum lot size shall be 11 acres.
(2)
Impervious coverage shall not exceed 40% of the lot size.
(3)
Building coverage shall not exceed 15% of the lot size.
(4)
The minimum separation between buildings shall be 40 feet.
(5)
The maximum number of units in a building shall be six.
(6)
Notwithstanding the distances specified hereinabove, no building
shall be located closer than 80 feet to the existing right-of-way
line of any public street, 25 feet to the side property lines except
a minimum of 50 feet shall be required from the R-2 Zone District,
and 40 feet to the rear line.
(7)
No parking area, loading area, driveway or other structure (except
for approved accessways, signs and fencing) shall be permitted within
40 feet of the Van Horne Road right-of-way line or within 10 feet
of any property line, and such areas shall be planted and maintained
in lawn area or ground cover and shall be landscaped with trees and
shrubbery as approved by the Board.
(b)
Apartment units.
(1)
The minimum lot size shall be one acre.
(2)
Impervious coverage shall not exceed 40% of the lot size.
(3)
Building coverage shall not exceed 15% of the lot size.
(4)
Notwithstanding the distances specified hereinabove, no building
shall be located closer than 40 feet to the existing right-of-way
line of any public street, 20 feet to the side property lines, 20
feet to the rear property line, and 10 feet to any parking area.
(5)
No parking area, loading area, driveway or other structure (except
for approved accessways, signs and fencing) shall be permitted within
75 feet of the existing Van Horne Road right-of-way line or within
10 feet of any property line, and such areas shall be planted and
maintained in lawn area or ground cover and shall be landscaped with
trees and shrubbery as approved by the Board.
(c)
Pump station.
(1)
The minimum lot size shall be 1/2 acre.
(2)
Impervious coverage shall not exceed 50% of the lot size.
(3)
Building coverage shall not exceed 30% of the lot size.
(4)
Notwithstanding the distances specified hereinabove, no building
shall be located than closer than 75 feet to the existing right-of-way
line of any public street or within 10 feet of any property line.
(5)
No parking area, loading area, driveway or other structure (except
for approved accessways, signs and fencing) shall be permitted within
five feet of any property line.
8.
Requirements for buildings.
(a)
General architectural requirements.
(1)
The building designs shall be generally in accordance with the
renderings prepared by Holliday Architects Incorporated dated August
23, 2018, revised through January 5, 2022. A true copy of same, available
for inspection by the public, is on file in the offices of the Township
Clerk and Planning Director.
(2)
However, it is not intended that the building concept plan be
definitive regarding any particular aspect of the architectural design,
it being intended that Board review of the architectural plans will
result in reasonable refinements, while still being substantially
consistent with the building concept plan.
(3)
All principal buildings within 40 feet of Van Horne Road shall
have a front facade facing Van Horne Road.
(4)
Multiple detached principal buildings shall be permitted on
the tract.
(5)
The exteriors of all building in the development, including
accessory buildings, shall be architecturally compatible and shall
be constructed of complementary materials.
(6)
The overall development of each building shall contain, at a
minimum, one end unit model and one interior model.
(7)
Materials shall be unified among all townhouses.
(8)
All building elevations shall exhibit classical proportions.
The characteristics of classicism include symmetry, repetition of
elements, expressions of hierarchy to reflect the building uses, and
tripartite compositions (base, middle, top).
(9)
Subelements within the facades and individual architectural
components (i.e., railings, awnings, columns) shall also conform to
the overall classical proportions of the facade.
(10)
All entrances to a building shall be articulated
utilizing architectural elements such as lintels, pediments, pilasters,
columns, porticoes, porches or overhangs.
(11)
Balconies and patios shall be designed as integral
subcomponents of the building facade. Cantilevered balconies are not
permitted.
(b)
Facade treatments.
(1)
Any facade exceeding 30 feet or more in length shall include
at least one change in wall plane (projection or recess) having a
depth of at least 3% of the entire length of the facade and extending
for a minimum of 20% of the entire length of the facade.
(2)
The architectural treatment of the front facade(s) shall be
continued in its major features around all sides of each building.
(c)
Roof treatments.
(1)
Principal roof eaves shall project at least two feet beyond
the building facade or a supporting column. Secondary roof eaves (i.e.,
balconies, porches and patios) shall project at least one foot.
(2)
Roofs shall have a minimum pitch of 4/12.
(3)
The transition between a facade and a roof shall have a cornice
or frieze that is designed to fit the overall composition of the facade.
(d)
Window treatments.
(1)
Windows and other openings in the facade shall exhibit a vertical
emphasis, in harmony with the overall facade composition. Windows
shall be single-hung with simulated divided lights.
(2)
Within each building elevation, the maximum ratio of windows
to wall shall be 50% window to 50% wall. The minimum ratio of window
to wall shall be 25% window to 75% wall.
9.
Off-street parking and driveways.
(a)
No off-street parking area or internal roadway or driveway shall
be located within 40 feet for the townhouse lot and 75 feet for the
apartment lot of any existing public road, and all shall be screened
from the public road, public view and adjacent properties with trees
and shrubbery as approved by the Board.
(b)
Each dwelling unit shall be provided a minimum number of parking
spaces according to the provisions of the Residential Site Improvement
Standards (RSIS), N.J.A.C. 5:21, or based upon historical data provided,
subject to Township review.
10.
Trash and recycling requirements.
(a)
The trash and recyclable material collection and pickup locations
shall be provided either within the building being served or in nearby
locations outside the building.
(b)
If located outside the building, the trash and recyclable materials
area shall be totally enclosed, finished with materials used to construct
the building(s) being served, up to a maximum of eight feet in height,
and located in a manner to be obscured from view from parking areas,
streets and adjacent residential uses or zoning districts by a fence
or wall. Landscaping, at least six feet in height, shall be provided
around any outdoor trash and recycling area.
(c)
Any outdoor area provided for the collection and pickup of trash
and recyclable materials shall be well-lit and shall be safely and
easily accessible by trash and recycling personnel and vehicles.
(d)
Collection vehicles shall be able to access the trash and recycling
area without interference from parked cars or other obstacles. Reasonable
measures shall be taken to protect the trash and recycling area and
the bins or containers placed therein against theft of trash and recyclable
materials, bins or containers.
(e)
Any bins or containers which are used for the collection of
trash and recyclable material, and which are located in an outdoor
trash and recycling area, shall be equipped with a lid.
(f)
Individual bins or containers for the collection and pickup
of recyclable materials shall be equipped with signs indicating the
materials to be placed therein.
11.
Permitted signage.
(a)
Community sign. Up to two ground-mounted freestanding signs
identifying the name of the development, no larger than 25 square
feet, shall be permitted.
(1)
One sign shall be permitted at the entrance to the lot containing
the affordable family apartment building, and one sign shall be permitted
along the Van Horne Road frontage of the lot containing the market-rate
townhouses.
(2)
The sign shall not exceed six feet in height and shall be set
back at least 10 feet from all street lines and 50 feet from all other
property lines.
(3)
Any sign illumination shall be external to the sign and shall
be designed and oriented to prevent any sight of the lamp from any
street or neighboring properties.
(b)
Residential building identification. Each residential building
may have up to two attached identification signs. The maximum sign
area of each shall not exceed six square feet. Such signs shall be
appropriately integrated within the architecture of the buildings.
12.
Community design.
(a)
Land equal to a minimum of 40% of the SSIZ-3 property shall
be specifically set aside for conservation or open space and shall
be located on a separate new lot. The open space lot may be offered
by deed to the Township or shall be deed-restricted as common open
space to be owned and maintained by a homeowners' association or single
owner of the entire development.
(b)
A minimum of 2,500 square feet of area shall be provided as
community space as depicted on the concept site plan.
(c)
Plantings. All portions of a lot not covered by buildings or
structures (e.g., parking lots, parking spaces, loading areas, access
aisles, driveways, sidewalks, walkways, curbs, trash enclosures, children's
play areas, dog walks, etc.) shall be suitably planted with grass,
shrubs, and trees and shall be maintained in good condition. In any
case, no less than 20% of the area of the lot shall be so planted,
and the planted area may include approved detention and/or retention
basins.
(d)
Other design features.
(1)
Wherever reasonably feasible, sustainable construction techniques
shall be utilized to minimize the impact upon the environment, including
energy-efficient building designs, recycled materials, water conservation
devices, permeable pavement, native plantings, low chemical usage
to maintain the landscaping, and similar measures which are sensitive
to the environment.
(2)
The stormwater management plan shall include stormwater management
facilities that are designed to enhance the aesthetic attributes of
the proposed development.
13.
Affordable housing standards.
(a)
A developer's agreement is required to establish low/moderate
apportionment, very-low-income requirement per N.J.S.A. 52:27D-329.1,
bedroom distribution, unit size, etc.
(b)
At least 13% of the units shall be affordable to very-low-income
households, 37% of the units shall be affordable to low-income households,
and 50% shall be affordable to moderate-income households.
(c)
The affordable units shall be developed in accordance with COAH's
regulations at N.J.A.C. 5:93[4] and the Uniform Housing Affordability Controls (UHAC),
N.J.A.C. 5:80-26.1 et seq., which govern the administration and affordability
controls of affordable units in New Jersey, with one exception. The
exception is for 13% very-low-income housing at 30% of the regional
median income instead of the UHAC requirement of 10% very-low-income
housing at 35% of the regional median income.
[4]
Editor's Note: In accordance with N.J.S.A. 52:14B–5.1b,
Chapter 93, Substantive Rules of the New Jersey Council on Affordable
Housing for the Period Beginning June 6, 1994, expired on October
16, 2016.
(d)
Affordable housing standards. In addition to addressing the
requirements of COAH and UHAC noted above, the affordable units shall
be developed in accordance with the following:
(1)
The affordable units cannot be age-restricted units;
(2)
The bedroom distribution requirements pursuant to N.J.A.C. 5:93-7.3[5] and N.J.A.C. 5:80-26.3(b).
[5]
Editor's Note: In accordance with N.J.S.A. 52:14B–5.1b,
Chapter 93, Substantive Rules of the New Jersey Council on Affordable
Housing for the Period Beginning June 6, 1994, expired on October
16, 2016.
(3)
The unit distribution requirements pursuant to N.J.A.C. 5:80-26.3.
(4)
The length of controls requirement and deed restrictions pursuant
to N.J.A.C. 5:80-26.11.
d.
Site Specific Inclusionary Zone 4 (SSIZ-4).
1.
Property description and purpose.
(a)
The SSIZ-4 includes approximately 3.4 acres of property situated
on the north side of County Route 518 and is identified as "Block
25001, Lot 31," on the Township Tax Maps.
(b)
The SSIZ-4 District provides land use regulations for the redevelopment
of the site where specific site elements are incorporated that limit
the impact to the surrounding parcels through the requirement of adequate
development setbacks and sufficient buffering. The SSIZ-4 District
is intended to provide for the development of retail/office and multifamily
housing with a portion of such housing restricted to occupancy by
households of very low, low and moderate income. Affordable dwellings
shall be integrated and indistinguishable from the market-rate units.
2.
Conceptual development plan for the subject property.
(a)
A conceptual plan has been prepared for the property.
(1)
The conceptual site plan was prepared by Van Cleef Engineering
Associates, dated September 11, 2014, revised April 1, 2015. A true
copy of same, available for inspection by the public, is on file in
the offices of the Township Clerk and Planning Director.
(2)
The conceptual site plan includes a total of four mixed-use
buildings including retail and/or office uses on the first floor and
three apartments on the upper story of each building. There shall
be a maximum of 15 residential units, of which four family apartment
units shall be affordable to very-low-, low- or moderate-income households.
(3)
Three of the four affordable rental units shall be affordable
to moderate-income households, and one of the units shall be affordable
to a low-income household.
(b)
It is intended that the redevelopment of SSIZ-4 designated property
be in accordance with the conceptual site plan referred to hereinabove.
3.
Principal permitted uses on the land and in buildings:
(a)
Retail sales of goods and services.
(b)
Offices and office buildings.
(c)
Medical offices.
(d)
Pharmacies.
(e)
Restaurants.
(f)
Child-care centers licensed by the Department of Human Services
pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
(g)
Small animal hospitals within a neighborhood shopping village
only, excluding outside facilities and kennels.
(h)
Neighborhood shopping villages comprised of some or all of the preceding uses, plus the required addition of residential flats which are to be located within the 1 1/2 stories above the permitted uses located on the first floor in accordance with the provisions specified in Subsection 16-4.5e.
(k)
Residential apartment for rent located above the permitted nonresidential
uses. The maximum number of apartments shall be 12 units.
(l)
Conservation areas, recreation, open space, and public purpose
uses.
4.
Accessory uses permitted:
(a)
Outdoor eating areas, for table service or self-service, associated
with a permitted restaurant are permitted, as long as a pedestrian
pathway having a minimum width of five feet is maintained within any
walkway or sidewalk adjacent to the outdoor eating area.
(b)
Transit-related shelters.
(c)
Off-street parking (see Subsection 16-4.14d11 hereinbelow and Subsection 16-5.8 for the design requirements for off-street parking and driveways).
(d)
Off-street loading (see Subsection 16-4.14d12).
(e)
Fences and walls (see Subsection 16-5.3 for the design requirements for fences, walls, sight triangles and guiderails).
(f)
Signs (see Subsection 16-4.14d14 and Subsection 16-5.13 for design requirements for signs).
(g)
Garages and storage buildings.
(i)
Temporary construction trailers and one temporary sign not to
exceed 32 square feet in area, either attached to the trailer or freestanding,
which advertises the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a construction permit and ending with
the issuance of a certificate of occupancy or one year, whichever
time period is less. The temporary construction trailer(s) and temporary
sign shall be located on the site where the construction is taking
place and shall be set back at least 30 feet from all lot lines and
from the right-of-way lines of all existing and proposed streets.
There shall be at least one operating telephone within the trailer.
6.
Maximum number of dwelling units and maximum intensity permitted.
No more than 15,500 square feet of retail/office floor area and 12
residential units shall be permitted.
7.
Area and distance requirements.
(a)
Principal building minimum requirements.
(1)
Minimum lot frontage is 500 feet.
(2)
Minimum lot width is 500 feet.
(3)
Minimum lot depth is 200 feet.
(4)
Minimum front yard setback is 40 feet.
(5)
Minimum side yard setback is 40 feet for one side, 70 feet where
abutting a residential zoning district.
(6)
Minimum rear yard setback is 40 feet.
(7)
Maximum floor area ratio is 0.18.
(8)
Maximum retail/office FAR is 0.12.
(9)
Maximum residential FAR is 0.08.
(10)
Maximum residential to retail/office FAR is 0.65.
(11)
Maximum building coverage shall not exceed 12%.
(12)
Maximum lot coverage shall not exceed 45%.
(13)
Notwithstanding the distances specified hereinabove,
no building shall be located closer than 40 feet to the front property
line, 40 feet to the side property lines, 70 feet to the side property
where abutting a residential zoning district, and 40 feet to the rear
property line.
(14)
No parking area, loading area, driveway or other
structure (except for approved accessways, signs and fencing) shall
be permitted within 50 feet of an existing right-of-way, 12 feet of
any property line, and such areas shall be planted and maintained
in lawn area or ground cover and shall be landscaped with trees and
shrubbery as approved by the Board.
(b)
Accessory building minimum requirements.
8.
Requirements for residential flats.
9.
Requirements for all buildings.
(a)
All proposed buildings shall be reviewed by the Landmarks Preservation Commission pursuant to Subsection 16-13.13.
(b)
All buildings shall have a dual-pitched, single-ridge roof (such
as gable, hip, gambrel or mansard roof) with a minimum pitch of one
foot vertical to eight feet horizontal, and no flat roof shall be
permitted; provided, however, that where roof-mounted equipment is
necessary and/or preferable for operation of the building, a facade
roof treatment exhibiting the appearance of such a dual-pitched, single-ridge
roof may be permitted if specifically approved by the board of jurisdiction,
as the case may be, as part of a submitted site plan application for
development.
(c)
All portions of all buildings shall be compatibly designed with
a common architectural motif, whether constructed at one time or in
stages over a period of time. The architectural design and material
surface and color of all building walls on all sides of the buildings
shall be suitably finished for aesthetic purposes in a manner consistent
with the surface materials existing within the neighborhood.
(d)
Any principal building may contain more than one principal use, provided that the total floor area ratio and lot coverage of the combined uses does not exceed the maximum requirements specified in Subsection 16-4.14d7 hereinabove and, furthermore, that each use occupies a minimum gross floor area of 750 square feet.
(e)
No building shall exceed 5,000 square feet of gross floor area,
whether located as the only building on a lot or located with other
buildings on a lot, except that the 5,000-square foot restriction
shall not include the floor area devoted to residential flats in a
building.
(f)
More than one principal building shall be permitted on a lot,
provided that, to the extent practicable, the placement of the buildings
shall be staggered, with varying building setbacks and with the orientation
of the buildings situated at angles to one another and/or otherwise
designed to promote a nonlinear appearance.
10.
General requirements for the SSIZ-4 District.
(a)
No merchandise, products, equipment or similar material and
objects shall be displayed or stored outside.
(b)
Solid waste not stored within a building may be stored outside
within an enclosed container as specifically approved by the board
of jurisdiction, as the case may be, and in accordance with the recycling
requirements of Somerset County.
(c)
All portions of a lot not covered by buildings or structures
(e.g., parking lots, parking spaces, loading areas, access aisles,
driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall
be suitably landscaped with grass, shrubs, and trees and shall be
maintained in good condition. In any case, no less than 50% of the
lot shall be so landscaped, and the landscaped area may include approved
detention and/or retention basins and approved septic fields.
(d)
Within the side and rear yard setback areas, a minimum buffer
screening shall be required along any common property line with a
residential zoning district in accordance with the following:
(1)
The buffer screening shall be at least 25 feet in width;
(2)
The buffer screening shall consist of densely planted evergreen
trees at least six feet high at the time of planting and spaced no
more than 10 feet apart on center; and
(3)
No parking area, loading area, driveway or structure, except
for approved accessways and fencing integrated with the landscaping
plan and as approved by the board of jurisdiction, shall be permitted
within the required area for buffer screening.
11.
Off-street parking and driveways.
(a)
Retail sales and service uses, banks, offices and small animal
hospitals shall provide parking at the ratio of one parking space
per 200 square feet of gross floor area or part thereof.
(b)
Restaurants shall provide one parking space for every three
seats, but in all cases a sufficient number of spaces to prevent any
parking along public rights-of-way or private driveways, fire lanes
and aisles.
(c)
Child-care centers shall provide parking at a ratio of one space
per employee plus one additional parking space for every eight children.
Adequate spaces shall be provided for the loading and unloading of
children, which shall take place on-site and not in the public right-of-way.
(d)
Each dwelling unit shall be provided a minimum number of parking
spaces according to the provisions of the Residential Site Improvement
Standards (RSIS), N.J.A.C. 5:21, or based upon historical data provided,
subject to Township review.
(e)
Parking areas for individual uses shall be designed to be interconnected
with adjacent properties and shall utilize common entrance(s) and
exit(s), where feasible, to minimize access points to the street.
(f)
Shared parking between the residential flats and the permitted
nonresidential uses is encouraged.
12.
Off-street loading.
(a)
Unless an alternate method of loading and unloading specifically is approved by the board of jurisdiction, the principal building shall be provided an off-street loading space at the side or rear of the building or within the building. In any case, loading and unloading must adhere to the Township's noise standards at Subsection 3-3.4.
13.
Trash and recycling requirements.
(a)
The trash and recyclable material collection and pickup locations
shall be provided either within the building being served or in nearby
locations outside the building.
(b)
If located outside the building, the trash and recyclable materials
area shall be totally enclosed, finished with materials used to construct
the building(s) being served, up to a maximum of eight feet in height,
and located in a manner to be obscured from view from parking areas,
streets and adjacent residential uses or zoning districts by a fence
or wall. Landscaping, at least six feet in height, shall be provided
around any outdoor trash and recycling area.
(c)
The area provided for the collection and pickup of trash and
recyclable materials shall be well lit and shall be safely and easily
accessible by trash and recycling personnel and vehicles. Collection
vehicles shall be able to access the trash and recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the trash and recycling area and the bins
or containers placed therein against theft of trash and recyclable
materials, bins or containers.
(d)
The area provided for the collection and pickup of trash and
recyclable materials, and the bins or containers placed therein, shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of trash
and recyclable material, and which are located in an outdoor trash
and recycling area, shall be equipped with a lid.
(e)
Individual bins or containers for the collection and pickup
of recyclable materials shall be equipped with signs indicating the
materials to be placed therein.
14.
Permitted signage.
(a)
One ground-mounted freestanding sign identifying the name of
the development, no larger than 30 square feet, shall be permitted,
provided the following:
(1)
The sign shall not exceed eight feet in height and shall be
set back at least 10 feet from all street lines and 25 feet from all
other property lines.
(2)
Any sign illumination shall be external to the sign and shall
be designed and oriented to prevent any sight of the lamp from any
street or neighboring properties.
(b)
Each individual use in a principal building occupying at least
750 square feet of segregated habitable floor area with direct access
from the outside shall be permitted a sign identifying the name of
the use attached flat against the building at or above the entrance
to the individual use, the size of each such attached sign shall not
exceed 1/2 square foot of sign area per one linear foot of building
frontage occupied by the individual use, but in no case shall the
size of the sign exceed 25 square feet in area.
(c)
All signs shall be wood painted, and all signs shall utilize
black letters painted upon a white or cream-colored background unless
otherwise specifically approved by the board of jurisdiction, as the
case may be.
(d)
Any sign illumination shall be external to the sign and shall
be designed, oriented and maintained to prevent any sight of the lamp
from any street or neighboring properties.
(e)
All signs shall be reviewed by the Montgomery Township Landmarks Preservation Commission in accordance with Subsection 16-13.17a5 of this chapter, and the recommendations of the Landmarks Preservation Commission shall be forwarded to the board of jurisdiction, as the case may be.
(f)
All principal uses are permitted signs in accordance with Subsection 16-5.13 of this chapter; however, notwithstanding any provision of this chapter to the contrary, no signs shall be permitted in any windows except for a sign not exceeding one square foot in area indicating the hours of operation or the "open"/"closed" status.
15.
Affordable housing standards.
(a)
A developer's agreement is required to establish income distribution,
bedroom distribution, unit size, etc.
(b)
The affordable units shall be developed in accordance with Chapter 15, Affordable Housing, of the Township's Code and the following:
(1)
The affordable units cannot be age-restricted units;
(2)
The length of controls requirement and deed restrictions pursuant
to N.J.A.C. 5:80-26.11.
(3)
The Township shall be required to hire an experienced administrative
affordable housing agent to administer the units in accordance with
UHAC, including affirmative marketing and at least thirty-year controls
on affordability.
[Ord. #14-1477 S 3]
a.
Overall Purpose and Structure of Section Provisions. The following
are the zoning ordinance requirements to permit the build-out of lands
in the Belle Mead node portion of Montgomery Township as shown on
the Country Club Meadows Conceptual Development Plan, dated June 11,
2014 (the "Concept Plan"). The zoning ordinance provisions have separate
but interrelated requirements for four sub-development areas in the
plan, including the following:
Area 1: Country Club Meadows and Belle Mead Plaza Mixed Use
Inclusionary Development;
Area 2: Pike Run Plaza;
Area 3: Continuing Care Facility (CCF); and
Area 4: Transit Commercial.
b.
The applicant shall be required to submit and obtain approval from the Planning Board of a General Development Plan (GDP) as provided at N.J.S.A 30:55D-45.1 of the Municipal Land Use Law and in accordance with the specific requirements in Subsection 16-8.7 of this ordinance, entitled "Required Submission Of A General Development For The Belle Mead Planned Development." Once GDP approval is obtained, site plans may be submitted for preliminary and final Board approval for any of the four sub-development areas in accordance with the zoning provisions noted hereinbelow.
c.
It is noted and emphasized that the acreages of the four sub-development
areas are only preliminary estimates at this time, and will be finally
determined via surveys at the time the GDP is prepared and submitted
for Planning Board review and approval.
[Ord. #14-1477 S 1]
a.
Introduction. This sub-development area of the overall PUD is located
on two separate tracts of land, including Country Club Meadows, comprised
of Block 4001/Lots 33 and 33.01 (portion) on the west side of Route
206, and Belle Mead Plaza, comprised of Block 6001/Lot 1 at the southeast
corner of the Route 206/Belle Mead-Griggstown Road intersection. These
two separate tracts of land are considered to comprise a single "inclusionary"
development to be planned, approved and constructed as a single entity.
b.
Country Club Meadows Portion. This portion of the inclusionary development
will contain detached single-family dwellings, land conservation areas
and perimeter buffering.
1.
Principal Permitted Uses on the Land and in Buildings.
(a)
One hundred eight detached single-family dwelling units with
the following area, bulk, setback and intensity requirements for the
principal dwelling and permitted accessory structures, which are the
requirements used to develop East Country Estates which is the prototype
for the development of the 108 units:
|
Detached Single-Family Dwelling Units
| |||||
|---|---|---|---|---|---|
|
Lot area: Minimum = 14,500 square feet; Maximum = 33,000 square
feet; & Average = Minimum 22,000 square feet
| |||||
|
Principal Building Minimums
|
Accessory Structure Minimums
|
Intensity Maximums
| |||
|
Lot frontage
|
100 feet
|
Distance to side line
|
10 feet
|
Principal building coverage
|
15%
|
|
Lot width
|
100 feet
|
Distance to rear line
|
15 feet
|
Accessory structures coverage
|
3%
|
|
Lot depth
|
125 feet
|
Distance to other building
|
10 feet
|
Floor/area ratio (FAR)
|
0.20*
|
|
Side yard (each)
|
20 feet
|
Lot coverage
|
25%
| ||
|
Front yard
|
40 feet
| ||||
|
Rear yard
|
30 feet
| ||||
|
*Except that approved lots less than 18,250 square feet in area
shall be permitted a maximum floor area of 0.25
| |||||
(b)
Forty patio home detached single-family dwelling units with
the following area, bulk, setback and intensity requirements for the
principal dwelling and permitted accessory structures:
|
Patio Home Detached Single-Family Dwelling Units
| |||||
|---|---|---|---|---|---|
|
Lot area: Minimum = 5,000 square feet; Maximum = 7,000 square
feet; & Average = Minimum 6,000 square feet
| |||||
|
Principal Building Minimums
|
Accessory Structure Minimums
|
Intensity Maximums
| |||
|
Lot frontage
|
50 feet
|
Distance to side line
|
5 feet
|
Principal building coverage
|
40%
|
|
Lot width
|
50 feet
|
Distance to rear line
|
10 feet
|
Accessory structures coverage
|
NA
|
|
Lot depth
|
100 feet
|
Distance to other building
|
5 feet
|
Floor/area ratio (FAR)
|
0.55
|
|
Side yard (each)
|
7.5 feet
|
Lot coverage
|
55%
| ||
|
Front yard
|
20 feet
| ||||
|
Rear yard
|
25 feet
| ||||
(c)
Conservation areas and public purpose uses.
2.
Accessory Uses Permitted.
(b)
One private residential tool shed not to exceed 150 square feet
in area and 15 feet in height.
(c)
Recreational facilities customarily associated with detached
single-family dwelling units.
(d)
Off-street parking and private garages (see Subsection 16-2.1, Subsection 16-4.15-1b4 hereinbelow and Subsection 16-5.8).
(f)
Signs (see Subsection 16-4.15-1b5 hereinbelow and Subsection 16-5.13).
(h)
Underground sprinkler systems, provided the spray therefrom
is not projected outside of the lot line or street lines.
3.
Maximum Building Height. No principal building shall exceed 35 feet in height and 2 1/2 stories and no accessory building shall exceed 15 feet in height and 1 1/2 stories, except as further allowed in Subsection 16-6.2b of this chapter, entitled "General Exceptions and Modifications for Height Limits."
4.
Minimum Off-Street Parking. Each detached single-family dwelling
shall provide off-street parking spaces according to the following
minimum provisions. No parking area or driveway shall be located within
five feet of any property line.
(a)
Detached single-family dwelling units shall provide 1.5 spaces
per two-bedroom unit; two spaces per three-bedroom unit; 2.5 spaces
per four-bedroom unit; and three spaces per five or more bedroom unit.
Where the bedroom count per unit is not specified, 2.5 spaces per
dwelling unit shall be provided.
(b)
Each garage car space shall be counted as one off-street parking
space.
(c)
A one-car garage and driveway combination shall count as two
off-street parking spaces, provided the driveway leading to the garage
is at least 18 feet in length, measured between the garage door and
the curb or between the garage door and a sidewalk, whichever distance
is less.
(d)
A two-car garage and driveway combination shall count as 3.5
off-street parking spaces, provided the driveway leading to the garage
is at least 20 feet wide and at least 18 feet in length, measured
between the garage door(s) and the curb or between the garage door(s)
and a sidewalk, whichever distance is less.
5.
Permitted Signs.
(a)
Each principal permitted detached single-family dwelling may
have one attached sign not exceeding two square feet in area.
(b)
The Country Club Meadows portion of the mixed use inclusionary
development shall be permitted one ground mounted freestanding sign
at each entrance into the development along Route 206, provided that
the sign shall not exceed 30 square feet in area and eight feet in
height and is set back at least 10 feet from any street right-of-way
line and 25 feet from any other property line.
(c)
Each freestanding sign may be lighted, provided the lighting
is exterior to the sign and is located at the top of the sign focused
downward onto the sign.
(d)
Additional signage within the interior of the development may
be approved by the Planning Board for directional purposes or other
good cause shown by the applicant as part of the site plan approval.
6.
Additional Zoning and Development Requirements. Approval of the site
plan for the Country Club Meadows portion of the inclusionary development
shall include the following additional requirements:
(a)
All freshwater wetlands and transitional buffer areas, after
any buffering averaging approved by the NJDEP, and all other treed
areas shown on the Concept Plan shall be placed into a conservation
deed restriction.
(b)
All perimeter buffer areas shown on the Concept Plan bordering
Route 206, including: 1) the buffer area bordering the CSX railroad
bridge; 2) the buffer areas along the railroad; 3) the buffer area
bordering the Montgomery Chase West residential development to the
south: and 4) the buffer area within the Continuing Care Facility
(CCF) (which is another sub-development area in the Concept Plan)
that borders the patio home dwelling units, shall be reviewed by the
Township Planning Board and constructed by the developer of the inclusionary
development as part of its approval, with any existing vegetation
augmented with additional landscaping as may be required by the Board
at the time of site plan review, and with all the buffer areas placed
into a conservation deed restriction.
(c)
As shown on the Concept Plan, the buffer areas between the CSX
railroad bridge and the CCF development, between the patio homes and
the CCF development, and between the railroad and the detached single-family
dwelling unit lots shall have the buffer plantings installed atop
and/or along earthen berms as approved by the Township.
(d)
No building shall be located within 250 feet of the Route 206
right-of-way.
(e)
A pedestrian path at the southern end of Country Club Meadows
shall be constructed by the developer connecting to a pedestrian crossing
of Route 206 to the proposed commercial development on the other side.
(f)
Given the cultivated field condition of the tract and the absence of any abutting existing detached single-family dwellings except along the southerly border of the tract, and notwithstanding any other ordinance provision to the contrary, the maximum thirty-five-foot height of the detached single-family dwelling units shall be measured to the highest point of the building from the mean finished grade elevation of the four corners of the subject dwelling, except that the building height of any dwelling unit on any lot within 100 feet of the southern tract boundary line with the adjacent Montgomery Chase West residential development shall be measured in accordance with the definition of "building height" in Subsection 16-2.1.
c.
Belle Mead Plaza Portion. This portion of the inclusionary development
shall contain the following land uses and other improvements to be
constructed by the developer:
1.
Principal Permitted Uses on the Land and in Buildings.
(a)
One approximately 61,000 square foot two-story multi-use building
with approximately 244 parking spaces. Retail sales of goods and services,
offices, banks and/or child care centers shall be located on the first
floor of approximately 31,000 square feet, and a total of 28 apartment
units shall be located on the second floor, including 27 COAH qualified
affordable non-age-restricted apartment units for rent and one additional
market rate apartment unit for an on-site residential manager.
(b)
Conservation areas and public purpose uses.
(c)
While there is no existing zoning district in Montgomery Township
that would permit the proposed Belle Mead Plaza multi-use building
with the specifically required apartment units above retail/office
space, the following modified requirements of the existing HC Highway
Commercial district for individual uses shall govern the development,
which includes 5% additional lot coverage to accommodate the combined
retail/office and residential use of the building and an increased
floor/area ratio (FAR) to accommodate the apartment units:
|
Belle Mead Plaza Multi-Use Building
| |||||
|---|---|---|---|---|---|
|
Lot area: Minimum = 1 acre
| |||||
|
Principal Building Minimums
|
Accessory Structure Minimums
|
Intensity Maximums
| |||
|
Lot frontage
|
150 feet
|
Distance to side line
|
15 feet
|
Nonresidential FAR
|
0.20
|
|
Lot width
|
150 feet
|
Distance to rear line
|
15 feet
|
Total floor/area ratio (FAR)
|
0.30
|
|
Lot depth
|
150 feet
|
Distance to other building
|
20 feet
|
Lot coverage
|
60%
|
|
Side yard (each)
|
25 feet
| ||||
|
Front yard
|
50 feet
| ||||
|
Rear yard
|
50 feet
| ||||
2.
Accessory Uses Permitted.
(a)
Off-street parking (see Subsection 16-4.15-1c4 hereinbelow and Subsection 16-5.8 for the design requirements for off-street parking, loading areas and driveways).
(b)
Off-street loading (see Subsection 16-4.15-1c5 hereinbelow).
(c)
Fences and walls (see Subsection 16-5.3 of this chapter for the design requirements for fences, walls, sight triangles and guiderails).
(d)
Signs (see Subsection 16-4.15-1c6 hereinbelow and Subsection 16-5.13 for the design requirements for signs).
(f)
Temporary construction trailers and one temporary sign not exceeding
32 square feet in area, either attached to the trailer or free-standing,
which advertises the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a construction permit and ending with
the issuance of a certificate of occupancy or one year, whichever
time period is less. The temporary construction trailer(s) and temporary
sign shall be located on the site where the construction is taking
place and shall be set back at least 30 feet from all perimeter property
lines and from the right-of-way lines of all existing and proposed
streets. There shall be at least one operating telephone within the
trailer.
(g)
Child care centers licensed by the Department of Human Services
pursuant to P.L. 1983, c. 492 (C.30:5B-1, et seq.).
3.
Maximum Building Height. No principal building shall exceed 35 feet and 2 1/2 stories in height except as allowed in Subsection 16-6.2b of this chapter, entitled "General Exceptions and Modifications for Height Limits."
4.
Minimum Off-Street Parking. Each individual use shall provide parking
spaces according to the following minimum provisions. The total number
of required parking spaces shall be obtained by computing individually
the parking requirements for each different activity and adding the
resulting numbers together:
(a)
Retail sales of goods and services, offices and banks shall
provide parking at the ratio of one parking space per 200 square feet
of gross floor area or part thereof. Additionally, drive-in banks
shall provide room for at least six automobiles per drive-in window
for queuing purposes.
(b)
Child care centers shall provide parking at the ratio of one
parking space per employee plus one additional parking space for every
eight children. Additionally, adequate area shall be provided for
the loading and unloading of children, which shall take place on site
and not in the public right-of-way.
(c)
Each 1-bedroom apartment shall provide 1.8 parking spaces, each
2-bedroom apartment shall provide 2.0 parking spaces, and each three-bedroom
apartment shall provide 2.1 parking spaces.
5.
Off-Street Loading.
(a)
Unless an alternate method of loading and unloading specifically
is approved by the Planning Board, the principal building shall provide
an off-street loading space at the side or rear of the building or
within the building. In any case, there shall be no loading or unloading
from the street.
(b)
There shall be at least one trash and garbage pick-up location
within convenient access to the building, including provisions for
the separation and collection of recyclable materials in accordance
with the recycling requirements of Somerset County and in accordance
with the following:
(1)
The trash and garbage pick-up location shall be
provided either within the building being served or in a pick-up location
outside the building;
(2)
If located within the building, the doorway may
serve both the loading and trash/garbage functions, and if located
outside the building, it may be located adjacent to or within the
general loading area(s) provided the container in no way interferes
with or restricts loading and unloading functions; and
(3)
If located outside the building, the trash and
garbage pick-up location shall include a steel-like, totally enclosed
trash and garbage container located in a manner to be obscured from
view from parking areas, streets and adjacent residential uses or
zoning districts by a fence, wall, planting or combination of all
three.
6.
Permitted Signs.
(a)
The principal building may have one freestanding sign and, additionally,
each principal tenant in the building may have one attached sign,
provided and in accordance with the following:
(1)
Any freestanding sign shall not exceed 75 square
feet in area, shall not exceed eight feet in height, and shall be
set back at least 20 feet from any street right-of-way line and 25
feet from any other property line.
(2)
Each principal tenant on the first floor of the
building with direct access from the outside shall be permitted a
sign attached flat against the building. The size of each such attached
sign shall not exceed 1/2 square foot of sign area per one linear
foot of building facade fronting on a street and occupied by the tenant,
but in no case shall the size of the sign exceed 50 square feet in
area.
(3)
One additional attached sign is permitted for a
principal tenant within the building which faces two streets, provided
that the sign shall not exceed 1/2 square foot of sign area per one
linear foot of building facade fronting on said street, but in no
case shall the size of the sign exceed 20 square feet in area.
(4)
All signs shall adhere to a common architectural
theme regarding lettering style, lighting and color.
7.
Additional Zoning and Development Requirements.
(a)
The affordable apartment units shall be constructed according
to the following schedule tied to the construction of the market rate
detached single-family and patio home detached dwelling units in the
Country Club Meadows portion of the inclusionary development:
|
Maximum Percentage Of Detached Dwellings Receiving Certificates
of Occupancy
|
Minimum Percentage Of Affordable Apartment Units Receiving Certificates
of Occupancy
|
|---|---|
|
Up to 25%
|
0% (none required)
|
|
25% + 1 unit
|
10%
|
|
50%
|
50%
|
|
75
|
75
|
|
90%
|
100%
|
(b)
The applicant shall construct a play lot on adjacent municipal
land designated by the Township as the location for the play lot,
with separate sections and apparatus for children two years to five
years of age and five years to 12 years of age, with benches in-between.
(c)
The applicant shall construct a six-foot wide pedestrian bridge
over Cruser Brook and sidewalks as necessary to provide sidewalk connectivity
between development in the Belle Mead node and Montgomery Park to
east.
(d)
The developer shall dedicate a right-of-way and shall construct
a connecting roadway between Belle Mead-Griggstown Road and Covert
Drive.
(e)
The front, sides and rear of the building shall be similarly
designed and finished with the same materials and similar architecture.
The building exterior shall have vertical and/or horizontal offsets
to create visual breaks along each facade. Long, monotonous, uninterrupted
walls are not permitted.
(f)
No merchandise, products, equipment or similar material and
objects shall be displayed or stored outside.
(g)
All portions of a lot not covered by buildings or structures
(e.g., parking lots, parking spaces, loading areas, access aisles,
driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall
be suitably landscaped with grass, shrubs, and trees and shall be
maintained in good condition. In any case, no less than 40% of the
area of the lot shall be so landscaped, and the landscaped area may
include approved detention and/or retention basins.
(h)
No parking area, loading area, driveway or other structure (except
for approved access ways, signs and fencing) shall be permitted within
the first 25 feet adjacent to any street line nor within the first
15 feet adjacent to any other property line, and such areas shall
be planted and maintained in lawn area or ground cover and shall be
landscaped with trees and shrubbery as approved by the Planning Board.
[Ord. #14-1477 S 3]
a.
Introduction. This sub-development area of the overall PUD is located
along northbound Route 206, north of the intersection of Route 206
and Belle Mead-Griggstown Road. This location always has been in the
plan of the Pike Run Planned Residential Development (Pike Run PRD)
but now, given the vacation of the former Route 206 Bypass right-of-way,
has been expanded in area from approximately 9.78 acres to upwards
of 17.8 acres in area to be verified via a survey at the time the
GDP application is prepared and submitted. This expanded area will
allow room for the construction of a modern shopping center to serve
the population within the Belle Mead node, with vehicular access both
to Route 206, Belle Mead-Griggstown Road and to the Pike Run PRD,
as well as continuing to provide for important stormwater management
facilities.
b.
Pike Run Plaza Shopping Center. The development will contain the
following land uses, buffers and other improvements to be constructed
by the developer:
1.
Principal Permitted Uses on the Land and in Buildings.
(a)
A total of 102,000 square feet of retail sales of goods and
services, offices, banks, restaurants and/or child care centers in
no less than two 1-story commercial buildings, with approximately
515 parking spaces.
(b)
An 8,000 square foot Community Operations Building with a mezzanine
area, to be constructed to replace the existing operations space in
the Pike Run Village club house, and the existing operations space
in the club house will be renovated by the developer and will be turned
over to the Pike Run Village Master Association under reasonable terms
agreed upon between the developer and the association.
(c)
Conservation Areas and Public Purpose Uses.
(d)
In accordance with the original approvals for the overall Pike
Run PRD, the location of the proposed Pike Run Plaza has always been
envisioned to be governed by the ordinance requirements of the HC
Highway Commercial zoning district for shopping centers, which remain
appropriate at this time, except that the following provisions have
reduced the rear and side yard setbacks from 100 feet to 50 feet in
recognition of the significant stormwater management facilities on
the site:
|
Pike Run Plaza Shopping Center
| |||||
|---|---|---|---|---|---|
|
Lot area: Minimum = 8 acre
| |||||
|
Principal Building Minimums
|
Accessory Structure Minimums
|
Intensity Maximums
| |||
|
Lot frontage
|
500 feet
|
Distance to side line
|
25 feet
|
Floor/area ratio (FAR)
|
0.20
|
|
Lot width
|
500 feet
|
Distance to rear line
|
25 feet
|
Lot coverage
|
55%
|
|
Lot depth
|
400 feet
|
Distance to other building
|
20 feet
| ||
|
Front yard
|
100 feet
| ||||
|
Side yard (each)
|
50 feet
| ||||
|
Rear yard
|
50 feet
| ||||
2.
Accessory Uses Permitted.
(a)
Off-street parking (see Subsection 16-4.15-2b4 hereinbelow and Subsection 16-5.8 for the design requirements for off-street parking, loading areas and driveways).
(b)
Off-street loading (see Subsection 16-4.15-2b5 hereinbelow).
(c)
Fences and walls (see Subsection 16-5.3 of this chapter for the design requirements for fences, walls, sight triangles and guiderails).
(d)
Signs (see Subsection 16-4.15-2b6 hereinbelow and Subsection 16-5.13 for the design requirements for signs).
(f)
Temporary construction trailers and one temporary sign not exceeding
32 square feet in area, either attached to the trailer or free-standing,
which advertises the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a construction permit and ending with
the issuance of a certificate of occupancy or one year, whichever
time period is less. The temporary construction trailer(s) and temporary
sign shall be located on the site where the construction is taking
place and shall be set back at least 30 feet from all perimeter property
lines and from the right-of-way lines of all existing and proposed
streets. There shall be at least one operating telephone within the
trailer.
(g)
Child care centers licensed by the Department of Human Services
pursuant to P.L. 1983, c. 492 (C.30:5B-1, et seq.).
3.
Maximum Building Height. No principal building shall exceed 30 feet and 1 1/2 stories in height except that the Community Operations Building shall not exceed 25 feet in height and two stories and except further as allowed in Subsection 16-6.2b of this chapter, entitled "General Exceptions and Modifications for Height Limits."
4.
Minimum Off-Street Parking. Each individual use shall provide parking
spaces according to the following minimum provisions. The total number
of required parking spaces shall be obtained by computing individually
the parking requirements for each different activity and adding the
resulting numbers together:
(a)
Retail sales of goods and services, offices and banks shall
provide parking at the ratio of one parking space per 200 square feet
of gross floor area or part thereof. Additionally, drive-in banks
shall provide room for at least six automobiles per drive-in window
for queuing purposes.
(b)
Restaurants shall provide one parking space for every three
seats, but in all cases a sufficient number of spaces shall be provided
to prevent any parking along public rights-of-way or private driveways,
fire lanes and aisles.
(c)
Child care centers shall provide parking at the ratio of one
parking space per employee plus one additional parking space for every
eight children. Additionally, adequate area shall be provided for
the loading and unloading of children, which shall take place on site
and not in the public right-of-way.
5.
Off-Street Loading.
(a)
Unless an alternate method of loading and unloading specifically
is approved by the Planning Board, each principal building shall provide
off-street loading space(s) at the side or rear of the building or
within the building. And loading dock space shall be at least 15 feet
wide by 40 feet in length, with adequate ingress and egress from a
public street and with adequate space for maneuvering. In any case,
there shall be no loading or unloading from the street.
(b)
There shall be at least one trash and garbage pick-up location
within convenient access to the building, including provisions for
the separation and collection of recyclable materials in accordance
with the recycling requirements of Somerset County and in accordance
with the following:
(1)
The trash and garbage pick-up location shall be
provided either within the building being served or in a pick-up location
outside the building;
(2)
If located within the building, the doorway may
serve both the loading and trash/garbage functions, and if located
outside the building, it may be located adjacent to or within the
general loading area(s) provided the container in no way interferes
with or restricts loading and unloading functions; and
(3)
If located outside the building, the trash and
garbage pick-up location shall include a steel-like, totally enclosed
trash and garbage container located in a manner to be obscured from
view from parking areas, streets and adjacent residential uses or
zoning districts by a fence, wall, planting or combination of all
three.
6.
Permitted Signs.
(a)
The shopping center may have one freestanding sign at the driveway
entrance along Route 206 and at the driveway entrance along Belle
Mead-Griggstown Road and, additionally, each principal tenant in the
building may have one attached sign, provided and in accordance with
the following:
(1)
Any freestanding sign shall not exceed 75 square
feet in area, shall not exceed eight feet in height, and shall be
set back at least 20 feet from any street right-of-way line and 25
feet from any other property line.
(2)
Each principal tenant on the first floor of the
building with direct access from the outside shall be permitted a
sign attached flat against the building. The size of each such attached
sign shall not exceed 1/2 square foot of sign area per one linear
foot of building facade fronting on a street and occupied by the tenant,
but in no case shall the size of the sign exceed 50 square feet in
area.
(3)
One additional attached sign is permitted for a
principal tenant within the building which faces two streets, provided
that the sign shall not exceed 1/2 square foot of sign area per one
linear foot of building facade fronting on said street, but in no
case shall the size of the sign exceed 20 square feet in area.
(4)
All signs shall adhere to a common architectural
theme regarding lettering style, lighting and color.
7.
Additional Zoning and Development Requirements.
(a)
The existing treed area between the southernmost 51,000 square
foot retail commercial building and the existing homes in the Pike
Run Villas portion of the overall Pike Run PRD shall, at the direction
of the Township Planning Board, either be augmented with additional
evergreen plantings by the developer or, alternatively, shall be replaced
with a landscaped berm by the developer.
(b)
Excepting for the portion of the former Route 206 Bypass right-of-way
annexed to be part of the Pike Run Plaza portion of the overall development
as shown on the concept plan, the remainder of the right-of-way extending
to Township Line Road to the north shall be preserved and restricted
by a conservation deed restriction from any development except for
passive recreational activities as may be approved by Montgomery Township
and the Pike Run Master Association.
(c)
The front, sides and rear of the buildings shall be similarly
designed and finished with the same materials and similar architecture.
The building exterior shall have vertical and/or horizontal offsets
to create visual breaks along each facade. Long, monotonous, uninterrupted
walls are not permitted.
(d)
No merchandise, products, equipment or similar material and
objects shall be displayed or stored outside.
(e)
All portions of a lot not covered by buildings or structures
(e.g., parking lots, parking spaces, loading areas, access aisles,
driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall
be suitably landscaped with grass, shrubs, and trees and shall be
maintained in good condition. In any case, no less than 45% of the
area of the lot shall be so landscaped, and the landscaped area may
include approved detention and/or retention basins.
(f)
No parking area, loading area, driveway or other structure (except
for approved access ways, signs and fencing) shall be permitted within
the first 25 feet adjacent to any street line nor within the first
15 feet adjacent to any other property line, and such areas shall
be planted and maintained in lawn area or ground cover and shall be
landscaped with trees and shrubbery as approved by the Planning Board.
[Ord. #14-1477 S 3]
a.
Introduction. This portion of the overall development plan is located
north of the patio home detached single-family dwelling units and
south of the CSX railroad bridge. As show on the Concept Plan, the
land area for the CCF is approximately 22 acres.
b.
Continuing Care Facility (CCF) as Illustrated on the Concept Plan.
1.
The four illustrated buildings in the southern portion of the CCF
will, in aggregate, contain a total of 96 Senior Residential Villas
apartments. Each building will be 3-stories in height and will contain
24 apartments. Each apartment will have 2 bedrooms and will be approximately
1,600 square feet in area.
2.
The three L-shaped buildings in the northern portion of the CCF are
each 3-stories in height and are shown on the Concept Plan to include
the following:
3.
In addition to the buildings, the Concept Plan includes Garden Plots
and a Senior Outdoor Recreation Area.
c.
The Zoning Provisions. The following standards shall apply to development
of the CCF:
1.
The area of the CCF site shall be at least 20 acres and no more than
23 acres.
2.
The maximum building coverage shall be 20% of the site.
3.
The maximum impervious coverage of the CCF site shall be 45% and
the minimum open space areas, including the landscaped berms, garden
plots and outdoor recreation area, shall be 55%.
4.
Any freshwater wetlands and transitional buffer areas, after any
buffering averaging approved by the NJDEP, shall be placed into a
conservation deed restriction.
5.
Although to be constructed as part of the Country Club Meadows and
Belle Mead Plaza Mixed Use Inclusionary Development, the buffer area
shown on the Concept Plan bordering the CSX railroad bridge to the
north and the buffer area bordering the patio home dwelling units
in the Country Club Meadows portion of the inclusionary development
to the south shall be placed into a conservation deed restriction.
6.
As shown on the Concept Plan, the buffer area bordering the CSX railroad
bridge and the buffer area bordering the patio homes shall have the
buffer plantings installed atop and/or along earthen berms as approved
by the Township.
7.
No building shall be located within 250 feet of the Route 206 right-of-way
or within 50 feet of any other site boundary.
8.
Any final plan for the CCF shall be comprised of a number of relatively
small buildings located and angled on the site to provide a view of
open spaces from the Route 206 CSX railroad bridge and, in addition
to the planted berm along the railroad bridge and a minimum 250 setback
of any building from Route 206, shall include an open space area such
as the garden plots beyond the berm as shown on the Concept Plan.
9.
Recognizing that the CCF may be sequentially constructed over time,
the final plan shall include a staging plan assuring continuing and
effective emergency vehicular access throughout the development process,
and areas of the CCF will be permitted to be subdivided for financial
purposes when the entirety of the CCF is approved by the Township.
[Ord. #14-1477 S 3]
a.
Introduction. This portion of the overall development plan is located
to the north of Route 206 along the west side of Township Line Road
and across the railroad tracks from an old railroad station near the
Belle Mead Co-Op.
b.
Transit Commercial Development as Illustrated on the Concept Plan.
As illustrated on the Concept Plan, the development yield of this
area is limited to an aggregate 22,000 square feet of retail commercial
space in one or more 1-story buildings. However, in the future, the
development of this site could be expanded with lands owned by the
NJ Department of Transportation and the New York Central Line LLC
into a modest NJ Transit Park and Ride Facility.
c.
The Zoning Provisions. Any development of the Transit Commercial
area of the Belle Mead Planned Unit Development shall be governed
by the zoning provisions of the Township's CC-1 Community Commercial
Zoning District.
[Ord. #85-482, S 501; Ord. #88-584, S IV A, B]
a.
Accessory Buildings as Part of Principal Buildings. Any accessory
building having a common walk, roof or foundation with the principal
building shall be considered part of the principal building and the
total structure shall adhere to the yard requirements for the principal
building.
b.
Accessory Buildings and Structures Not to Be Constructed Prior to
Principal Building. No construction permit shall be issued for the
construction of an accessory building or structure, other than construction
trailers, storage sheds or farm accessory buildings prior to the issuance
of a construction permit for the construction of the main building
upon the same premises. If construction of the main building does
not precede or coincide with the construction of the accessory building
or structure, the Construction Official shall revoke the construction
permit for the accessory building or structure until the construction
of the main building has proceeded substantially toward completion.
c.
Distance Between Adjacent Buildings and Structures. The minimum distance between an accessory building or structure and any other building(s) or structure(s) on the same lot shall be as prescribed in sections 16-4 and 16-6 except that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than 100 feet to any dwelling on the same lot.
e.
Location. An accessory building or structure may not be erected in required front yards and shall be set back from side and rear lot lines as prescribed in Section 16-4 except that if erected on a corner lot, the accessory building or structure shall be set back from the side street to comply with the setback line applying to the principal building for that side street and except further that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than 100 feet to any property line. If the height of an accessory building or structure exceeds the minimum side and/or rear yard setbacks established by Section 16-4 of this chapter, the minimum side and/or rear yard setbacks shall be increased to the height of the accessory building or structure.
[Ord. #85-482, S 502; Ord. #88-584, SIVC; Ord. #01-1036,
S 1; Ord. #03-1119, SS 4-7; Ord. #07-1258, S 1; amended 12-17-2020 by Ord. No.
20-1646; 4-18-2024 by Ord. No. 24-1722]
a.
Policy Statement. Flood control, Groundwater Recharge, and pollutant
reduction shall be accomplished through the use of stormwater management
measures, including Green Infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and Groundwater Recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated Quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water Quality, Quantity, and Groundwater Recharge.
b.
Purpose. The purpose is to establish minimum stormwater management
requirements and controls for all development, as it applies herein.
This subsection also establishes grading requirements for all development.
c.
Applicability.
1.
Stormwater Quantity and Groundwater Recharge Standards listed herein
shall be applicable to "Major Developments" that:
(a)
Meet the land disturbance criteria defined under "Major Development";
and/or
(b)
Require major or minor site plan approval; and/or
(c)
Are major or minor subdivisions that require preliminary or
final site plan approval; and/or
(d)
Are aspects of residential Major Developments that are not preempted
by the Residential Site Improvements Standards ("RSIS") at N.J.A.C.
5:21; and/or
(e)
Are nonresidential (commercial development); and/or
(f)
Require municipal zoning, building, construction permits, or
other municipal permits.
2.
In addition to Stormwater Quantity and Groundwater Recharge Standards,
Stormwater Quality Standards listed herein shall be applicable to
Major Developments that:
(a)
Meet the regulated impervious surface and/or regulated motor
vehicle surface criteria defined under "Major Development"; and/or
(b)
Are aspects of residential Major Developments that are not preempted
by the Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21;
and/or
(c)
Require major or minor site plan approval; and/or
(d)
Are major or minor subdivisions that require preliminary or
final site plan approval; and/or
(e)
Are nonresidential (commercial development); and/or
(f)
Require municipal zoning, building, construction permits, or
other municipal permits.
3.
Stormwater Quantity Standards shall be applicable to "Minor Developments."
4.
An application required by this section pursuant to subsection 16-5.2(c)1, 2, or 3, that has been submitted prior to April 18, 2024, completely with the information required in subsection 16-5.2r, and has not expired, lapsed, been denied, or otherwise voided, shall be subject to the stormwater management requirements in effect at the time the application was submitted to the Township. All other applications are subject to the provisions adopted by the Township on April 18, 2024.
5.
Notwithstanding any rule to the contrary, a Major Development for
any public roadway or railroad project conducted by a public transportation
entity that has determined a preferred alternative or reached an equivalent
milestone before July 17, 2023, shall be subject to the stormwater
management requirements in effect prior to July 17, 2023.
6.
Fees listed under "Engineering Permits" in subsection 16-9.1a shall be paid by the applicant for the Township Engineer's, or their designee's, review of Minor Development or Major Development applications. Fees will be assessed during review of municipal zoning, building, construction, or other municipal permits. Where Minor Development or Major Development stormwater review is performed as part of a Board application that requires review escrow, the escrow account established in subsection 16-9.2 shall be used. The application charge is a flat fee and is nonrefundable. The escrow account is established to cover the costs of professional services, including but not limited to engineering, planning, legal and other expenses connected with the review of the submitted materials.
d.
Exemptions. The following linear development projects are exempt
from the Groundwater Recharge, stormwater Runoff Quantity, and Stormwater
Runoff Quality requirements of this subsection:
1.
The construction of an underground utility line provided that the
disturbed areas are restored and revegetated upon completion;
2.
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
e.
Compatibility with Other Permit, Ordinance, or Outside Agency Requirements.
1.
Development approvals issued pursuant to this subsection are to be
considered an integral part of development approvals and do not relieve
the applicant of the responsibility to secure required permits or
approvals for activities regulated by any other applicable code, rule,
act, or ordinance. In their interpretation and application, the provisions
of this subsection shall be held to be the minimum requirements for
the promotion of the public health, safety, and general welfare. The
minimum requirements are based on:
2.
This subsection is not intended to interfere with, abrogate, or annul
any other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this subsection imposes
restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provision(s) or higher standard(s) shall control.
f.
BOARD
COMMUNITY STORMWATER MANAGEMENT FACILITY
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
CRITICAL AREAS
DEPARTMENT
DESIGN ENGINEER
DESIGN PERMEABILITY
DESIGNATED CENTER
DEVELOPMENT
1.
2.
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CONSTRAINED AREA
EROSION
GREEN INFRASTRUCTURE
GROUNDWATER
GROUNDWATER MOUNDING ANALYSIS
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
LOT COVERAGE
LOW IMPACT DEVELOPMENT (LID)
MAJOR DEVELOPMENT
1.
2.
3.
4.
5.
MINOR DEVELOPMENT
1.
2.
3.
MITIGATION
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICE (BMP) MANUAL
or BMP MANUAL
NODE
NONSTRUCTURAL BEST MANAGEMENT MEASURE (BMP)
NUTRIENT
PERMEABILITY
POLLUTANT
PUBLIC ROADWAY OR RAILROAD
PUBLIC TRANSPORTATION ENTITY
RECHARGE
REDEVELOPMENT
REGULATED IMPERVIOUS SURFACE
1.
2.
3.
4.
REGULATED MOTOR VEHICLE SURFACE
1.
2.
SEASONAL HIGH WATER TABLE
SEDIMENT
SF
SITE
SOIL
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT FACILITY or STORMWATER FACILITY
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
SUBSECTION
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. Unless specifically defined below, words or phrases
used in this subsection shall be interpreted so as to give them the
meaning they have in common usage and to give this subsection its
most reasonable application. The definitions below are applicable
to this section of the Land Development Ordinance.
The Montgomery Township Zoning Board of Adjustment or the
Montgomery Township Planning Board.
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter and serves multiple lots.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
The Somerset County Planning Board, or any other agency designated
by the Somerset County Board of County Commissioners to review municipal
stormwater management plans and implementing ordinance(s).
When used by itself shall mean the New Jersey Department
of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The tested permeability rate with a factor of safety of two
applied to it (for example, if the field tested permeability rate
of the soils is 10 inches per hour, the design rate would be five
inches per hour).
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
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 structure, any mining excavation
or landfill, and any use or change in the use of any building or other
structure, or land or extension of use of land, by any person, for
which permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
In the case of development of agricultural lands, development
means: any activity that requires a state permit, any activity reviewed
by the County Agriculture Development Board (CADB) and the state Agriculture
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of lot coverage, impervious
surface or motor vehicle surface, or exposure and/or movement of soil
or bedrock, any activity involving clearing, cutting, removing vegetation,
grading, transporting, storing or filling of land, development, and
any other activity which causes land to be exposed to the danger of
erosion. Milling and repaving, and pavement recycling (such as full
depth reclamation) is not considered disturbance for the purposes
of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A stormwater management measure that manages stormwater close
to its source by:
Water below the land surface in a zone of saturation.
An analysis performed to demonstrate that the groundwater
below a stormwater infiltration basin will not rise up and encroach
upon the unsaturated zone and break the surface of the ground at the
infiltration area or downslope, thereby creating an overland flow
situation or drainage problem. ModFlow® or any groundwater mounding
analysis program may be used as long as the input parameters and the
method of analysis consider all of the significant hydraulic conditions
of the site.
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water. Impervious
surfaces include roofs and asphalt, all surfaced parking areas, driveways
and walkways, pools, decks, patios, all required parking areas which
are permitted to remain unsurfaced and all gravel driveways and walkways.
The process by which water seeps into the soil, typically
from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
The square footage or other area measurement by which all
buildings and impervious surfaces cover a lot as measured in a horizontal
plane to the limits of the impervious area(s). Impervious surfaces
shall be included in the computation of lot coverage.
A stormwater management measure, strategy or combination
of strategies to reduce the negative stormwater runoff impacts through
such practices as minimizing site disturbance, preserving natural
site features, reducing impervious cover, disconnecting impervious
cover, flattening slopes, utilizing native vegetation, minimizing
turf grass lawns, maintaining natural drainage features, maintaining
natural drainage characteristics, controlling stormwater runoff closer
to the source, and controlling stormwater pollutants closer to the
source. The term "nonstructural best management measure" has the same
meaning as "low impact development."
Any development, redevelopment, or series of developments
that are part of a common plan of development, redevelopment, or sale
(for example, phased residential development) that collectively or
individually meet or result in:
The disturbance of one or more acres of land since February
2, 2004 or the disturbance of 1/2 or more acres of land on or after
March 2, 2021; and/or
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004 and before March 2, 2021; and/or
The creation of 5,000 SF or more of "regulated impervious surface"
since March 2, 2021; and/or
The creation of 5,000 SF or more of "regulated motor vehicle
surface" since March 2, 2021; and/or
The creation of "regulated impervious surfaces" and "regulated
motor vehicle surfaces" that have a combined total area of 5,000 SF
or more since March 2, 2021. The same surface shall not be counted
twice when determining if the combination area equals 5,000 SF or
more.
|
The applicant shall bear the burden to demonstrate that all
prior development, singularly or in the aggregate, since February
2, 2004, or March 2, 2021, (as applicable) do not result in the project
being considered a Major Development if the applicant believes an
application should be considered a Minor Development.
|
|
The general intention is to include projects undertaken on contiguous
or formerly contiguous lands that are within the same and adjoining
watershed areas, when applicable. The definition of Major Development
listed herein is not intended to include cumulative activities for
distinctly different projects undertaken at various and separate locations
throughout Montgomery Township.
|
All development other than Major Development that:
Requires a "c" variance pursuant to N.J.S.A. 40:55D-70c to exceed
the maximum lot coverage permitted within the Zoning District; and/or
Requires a "d" variance pursuant to N.J.S.A. 40:55D-70d to exceed
the maximum lot coverage permitted within the Zoning District; and/or
Are subject to the provisions of subsection 16-4.2d; footnote [13].
Acts necessary to compensate for conditions that may result
from development where the applicant has demonstrated the inability
of strict compliance to the stormwater management regulations and
an exception from strict compliance is granted by the Board.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines or
vehicles that run only on rail or tracks.
Any pervious or impervious surface that is intended to be
used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
A conveyance or system of conveyances owned or operated by
a municipality that carries stormwater that ultimately discharges
to waters of the state. The MS4 includes pipes, curbs, gutters, ditches,
manmade channels, storm drains, catch basins, municipal streets, basins
or roads with drainage systems that are not combined sewers and are
not part of a publicly owned treatment works.
Montgomery Township.
The manual maintained by the Department providing, in part,
design specifications, removal rates, calculation methods, and soil
testing procedures approved by the Department as being capable of
contributing to the achievement of the stormwater management standards
specified in this chapter. The BMP Manual is periodically amended
by the Department as necessary to provide design specifications and
guidance on additional best management practices and new information
on already included practices reflecting the best available current
information regarding the particular practice and the Department's
determination as to the ability of that best management practice to
contribute to compliance with the standards contained in this chapter.
Alternative stormwater management measures, removal rates, or calculation
methods may be utilized, subject to any limitations specified in this
chapter, provided the design engineer demonstrates, in accordance
with these Stormwater Management requirements and N.J.A.C. 7:8-5.2(g),
that the proposed measure and its design will contribute to achievement
of the design and performance standards established by this chapter
to the satisfaction of the Township Engineer.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
See "Low Impact Development (LID)".
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
The rate at which water moves through a saturated unit area
of soil or rock material at a hydraulic gradient of one, determined
in accordance with the soil testing criteria of the BMP Manual. Additional
information on the BMP Manual allowable testing procedures can be
found in N.J.A.C. 7:9A-6.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
A pathway for use by motor vehicles or trains that is intended
for public use and is constructed by, or on behalf of, a public transportation
entity. A public roadway or railroad does not include a roadway or
railroad constructed as part of a private development, regardless
of whether the roadway or railroad is ultimately to be dedicated to
and/or maintained by a governmental entity.
A federal state, county, or municipal government, an independent
state authority, or a statutorily authorized public-private partnership
program pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A: 11-52 et seq.),
that performs a public roadway or railroad project that includes new
construction, expansion, reconstruction, or improvement of a public
roadway or railroad.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any development of a previously developed area.
Any of the following, alone or in combination:
A net increase of impervious surface; and/or
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created); and/or
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following:
A new increase in motor vehicle surface; and/or
The total area of motor vehicle surface that is currently receiving
water quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
The upper limit of the shallowest zone of saturation which
occurs in the soil, identified as prescribed in N.J.A.C. 7:9A-5.8.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
Square feet.
The lot or lots upon which development is to occur or has
occurred.
All unconsolidated mineral and organic material of any origin.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of
these goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other drainage facilities,
or conveyed by snow removal equipment.
All BMPs approved by the NJDEP, outlined in the BMP Manual,
or other stormwater management measure, device, or facility approved
by the Township Engineer. In general, it can be an excavation, embankment,
or filter vault and related areas designed to detain, retain, and/or
treat stormwater runoff. A stormwater management basin BMP may either
be normally dry (that is, an extended detention basin or an infiltration
basin), retain water in a permanent pool (a retention basin or wet
pond), be planted mainly with wetland vegetation (bioretention systems
or constructed stormwater wetlands), or approved Manufactured Treatment
Devices ([MTD], such as a filter vault).
Stormwater Management BMP or Stormwater Management Measure.
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or Groundwater Recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
Subsection 16-5.2.
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir. This may also be referred
to as an "Outlet Control Structure."
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
g.
Stormwater Management Measures Requirements.
1.
All stormwater management design plans shall be prepared by a state-licensed
professional engineer or as otherwise permitted in accordance with
N.J.A.C. 13-40-7.3.
2.
The methods for computing stormwater runoff rates, volumes, Groundwater
Recharge, permeability and rates; stormwater pollutant removal criteria;
low impact development techniques; soil testing criteria; guidance,
design requirements, drain down time, BMP separation from seasonal
high groundwater table, BMP design information, and other related
provisions shall be done in accordance with the BMP Manual and as
outlined herein.
3.
Stormwater management measures for development and redevelopment
shall be designed to provide erosion control, Groundwater Recharge,
Stormwater Runoff Quantity control, and Stormwater Runoff Quality
treatment as follows:
(a)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for Groundwater Recharge, Stormwater Quality
and Stormwater Runoff Quantity shall be met by incorporating Green
Infrastructure.
4.
The standards in this subsection apply only to new development and
redevelopment and are intended to minimize the impact of stormwater
runoff on water quality and water Quantity in receiving water bodies
and maintain Groundwater Recharge. The standards do not apply to new
Major Development and redevelopment to the extent that alternative
design and performance standards are applicable under a regional stormwater
management plan or Water Quality Management Plan adopted in accordance
with Department rules.
5.
General design standards for structural stormwater management measures
are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to:
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone).
(b)
Stormwater management measures shall be designed to minimize
maintenance, facilitate maintenance and repairs, and ensure proper
functioning.
(1)
Trash racks shall be installed at the intake to the outlet structure,
as appropriate, and shall have parallel bars with one-inch spacing
between the bars to the elevation of the Water Quality Design Storm.
(2)
For elevations higher than the Water Quality Design Storm, the
parallel bars at the outlet structure shall be spaced no greater than
1/3 the width of the diameter of the orifice or 1/3 the width of the
weir, with a minimum spacing between bars of one inch and a maximum
spacing between bars of six inches.
(3)
In addition, the design of trash racks must comply with the
Safety Standards herein.
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement.
(d)
Stormwater BMPs shall be designed to meet the minimum Safety
Standards herein.
(e)
At the intake to the outlet from the stormwater BMP, the orifice
size shall be a minimum of 2.5 inches in diameter.
6.
Stormwater BMPs shall be designed in a manner that complements and
mimics the existing natural landscape, which may include establishment
of landscaping in and around the basin that utilizes only native plants.
7.
If there is more than one on-site drainage area, the Groundwater
Recharge, Stormwater Runoff Quality, and Stormwater Runoff Quantity
Standards shall apply to each drainage area. However, if the runoff
from the drainage areas converge on-site and it can be demonstrated
that no adverse environmental impact would occur from complying with
any one or more individual stormwater standards herein, then a weighted
average of the results achieved for that individual standard can be
applied across the affected drainage areas.
8.
Emergency spillways, where required, shall be designed to safely
convey the calculated basin inflow resulting from a 100-year frequency
storm. The minimum elevation of the top of the basin berm shall be
one foot or greater than the water surface elevation in the basin
when runoff from the 100-year frequency storm passes over the emergency
spillway. Potential settlement shall be considered in this design.
In those cases where the construction of an emergency spillway is
not physically possible, and the stormwater management basin is not
equipped with an outlet structure that is designed to function as
the principal spillway, the basin shall be designed to store the volume
of runoff generated by back-to-back 100-year frequency design storms.
9.
Infiltration BMPs should incorporate a mechanism to enable the basin
to be drawn down by nonmechanical means for emergencies and maintenance.
10.
The development shall incorporate a maintenance plan for the stormwater
management measures incorporated into the design of a development.
11.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
h.
Sources for Technical Guidance:
1.
The BMP Manual technical guidance and standards can be found on the
Department's website, subject to change, at: https://dep.nj.gov/stormwater/bmp-manual/.
2.
Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55),
dated June 1986, is available from the Natural Resources Conservation
Service website at: https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422.
3.
Additional maintenance guidance is available on the Department's
website, subject to change, at: https://dep.nj.gov/stormwater/maintenance-guidance/.
4.
Submissions required for review by the Department should be mailed
to: The Division of Watershed Protection and Restoration, New Jersey
Department of Environmental Protection, Mail Code 501-02A, PO Box
420, Trenton, New Jersey 08625-0420.
5.
Standards for Soil Erosion and Sediment Control in New Jersey, which
may be amended from time to time. This document is available from
the State Soil Conservation Committee or any of the Soil Conservation
Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address,
and telephone number for each Soil Conservation District is available
from the State Soil Conservation Committee, PO Box 330, Trenton, New
Jersey 08625. The document is available at: https://www.nj.gov/agriculture/divisions/anr/nrc/njerosion.html.
6.
The Rutgers Cooperative Extension Service phone at (732) 932-9306.
i.
Data Tables.
1.
Tables 1 through 3 below summarize the ability of stormwater BMPs
identified and described in the BMP Manual to satisfy the Green Infrastructure,
Groundwater Recharge, Stormwater Runoff Quality and Stormwater Runoff
Quantity Standards herein. When designed in accordance with the most
current version of the BMP Manual, the stormwater management measures
found at N.J.A.C. 7:8-5.2 (f), Tables 5-1, 5-2 and 5-3, and listed
below in Tables 1, 2, and 3 are presumed to be capable of providing
stormwater controls for the design and performance standards as outlined
in the tables below. Upon amendments of the New Jersey Stormwater
Best Management Practices to reflect additions or deletions of BMPs
meeting these standards, or changes in the presumed performance of
BMPs designed in accordance with the New Jersey Stormwater BMP Manual,
the Department shall publish in the New Jersey Registers a notice
of administrative change revising the applicable table. The most current
version of the BMP Manual can be found on the Department's website,
subject to change, at: https://dep.nj.gov/stormwater/bmp-manual/.
2.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this subsection, the
BMP tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f)
shall take precedence. The most current table at the time of application
shall be utilized for design purposes.
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Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60 to 80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations are found after Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50 to 90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations are found after Table 3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40 to 60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50 to 90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation
specified in Table 4.
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains.
|
|
(d)
|
Designed to maintain at least a ten-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of "Green
Infrastructure."
|
|
(h)
|
Manufactured treatment devices that do not meet the definition
of "Green Infrastructure."
|
|
Table 4
Green Infrastructure BMP Maximum Contributory Drainage Areas
| |
|---|---|
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
|
Table 5
NJDEP 1.25 inch/2 hour Stormwater Quality Design Storm Cumulative
and Incremental Rainfall Distributions [source: BMP Manual]
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
|
Table 6
Pollutant Removal Rates for BMPs[1]
| |||
|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Total Phosphorus Removal Rate
(percent)
|
Total Nitrogen Removal Rate
(percent)
|
|
Bioretention systems
|
90
|
60
|
30
|
|
Constructed stormwater wetland
|
90
|
50
|
30
|
|
Extended detention basin
|
40 to 60 (detention time & volume dependent)
|
20
|
20
|
|
Infiltration basin
|
80
|
60
|
50
|
|
Manufactured treatment device
|
As certified by NJDEP
| ||
|
Porous paving or permeable pavers with storage bed
|
80
|
60
|
50
|
|
Sand filter
|
80
|
50
|
35
|
|
Vegetative filter strip*
|
60 (turf grass) 70 (native grasses, meadow, & planted woods)
80 (indigenous woods)
|
30
|
30
|
|
Wet pond/retention basin
|
50 to 90 (detention time & volume dependent)
|
50
|
30
|
|
*
|
For filter strips with multiple vegetated covers, the final
TSS removal rate should be based upon a weighted average of the adopted
rates shown in this table, based upon the relative flow lengths through
each cover type.
|
|
[1]
|
Source: N.J.A.C. 7:8 and BMP Manual Chapter 4.
|
|
Table 7
Minimum Required Separation Distances for Infiltration BMPs
from Various Components
| |
|---|---|
|
Component
|
Minimum Horizontal Distance between Component and BMP
|
|
Property line
|
10 feet
|
|
Building w/slab
| |
|
Pool
|
20 feet
|
|
Building w/basement
|
25 feet
|
|
Surface basin
| |
|
Well or suction line
|
50 feet
|
|
Septic disposal field, including reserve field
| |
|
Seepage pit
| |
|
Cesspool
| |
j.
Low Impact Development ("LID") Techniques.
1.
The Green Infrastructure, Groundwater Recharge, Stormwater Runoff
Quality, and/or Stormwater Runoff Quantity Standards in this subsection
shall incorporate nonstructural stormwater management (low impact
development) strategies to the maximum extent possible. The applicant
shall utilize the BMP Manual Low Impact Development Checklist to demonstrate
how and which of the following strategies have been incorporated into
the design:
(a)
Protect areas that provide water quality benefits or areas particularly
susceptible to erosion and sediment loss;
(b)
Minimize impervious surfaces and break up or disconnect the
flow of runoff over impervious surfaces;
(c)
Maximize the protection of natural drainage features and vegetation;
(d)
Minimize the decrease in the time of concentration from preconstruction
to post-construction. "Time of concentration" is defined as the time
it takes for runoff to travel from the hydraulically most distant
point of the watershed to the point of interest within a watershed;
(e)
Minimize land disturbance including clearing and grading;
(f)
Minimize soil compaction;
(g)
Provide low-maintenance landscaping that encourages retention
and planting of native vegetation and minimizes the use of lawns,
fertilizers and pesticides;
(h)
Provide vegetated open-channel conveyance systems discharging
into and through stable vegetated areas;
(i)
Provide other source controls to prevent or minimize the use
or exposure of pollutants at the site, in order to prevent or minimize
the release of those pollutants into stormwater runoff. Such source
controls include, but are not limited to:
(1)
Site design features that help to prevent accumulation of trash
and debris in drainage systems;
(2)
Site design features that help to prevent discharge of trash
and debris from drainage systems;
(3)
Site design features that help to prevent and/or contain spills
or other harmful accumulations of pollutants at industrial or commercial
developments; and
(4)
When establishing vegetation after land disturbance, applying
fertilizer in accordance with the requirements established under the
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and
implementing rules.
2.
Any land area used as a low impact development stormwater management
measure shall be deed restricted and dedicated to Montgomery Township
in the form of a stormwater easement or deed restriction, or subject
to an approved equivalent restriction that ensures that the measure
is maintained in perpetuity for the benefit of the Township. The legal
document is subject to review and approval by the Township Engineer,
Township Attorney, Open Space Coordinator, and Township Committee
(when applicable). The applicant must provide proof of recording the
approved instrument with the County Clerk's office prior to the
Township Engineer's final approval of a subdivision, site plan,
or issuance of any permit.
k.
Green Infrastructure Standards.
1.
This subsection specifies the types of Green Infrastructure BMPs
that may be used to satisfy the Groundwater Recharge, Stormwater Runoff
Quality, and Stormwater Runoff Quantity Standards.
2.
To satisfy the Groundwater Recharge and Stormwater Runoff Quality
Standards, the design engineer shall utilize Green Infrastructure
BMPs identified in Table 1 and/or an alternative stormwater management
measure approved as specified herein. The Green Infrastructure BMPs
in Table 4 are subject to the maximum contributory drainage area limitations.
3.
To satisfy the Stormwater Runoff Quantity Standards, the design engineer
shall utilize BMPs from Table 1 or from Table 2 and/or an alternative
stormwater management measure approved as specified herein.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from
strict compliance is granted by the Township from the requirements
of this subsection, then BMPs from Table 1, 2, or 3 and/or an approved
alternative stormwater management measure may be used to meet the
Groundwater Recharge, Stormwater Runoff Quality, and Stormwater Runoff
Quantity Standards.
5.
For storm sewer improvement projects undertaken by a government agency
or public utility, the requirements of this subsection shall only
apply to areas owned in fee simple by the government agency or utility,
and areas within a right-of-way or easement held or controlled by
the government agency or utility; the entity shall not be required
to obtain additional property or property rights to fully satisfy
the requirements of this subsection. Regardless of the amount of area
of a storm sewer improvement project subject to the Green Infrastructure
requirements of this subsection, each project shall fully comply with
the applicable Groundwater Recharge, Stormwater Runoff Quality control,
and Stormwater Runoff Quantity Standards, unless the project is granted
a waiver from strict compliance as specified herein.
l.
Groundwater Recharge Standards. The minimum design and performance
standards for Groundwater Recharge are as follows:
1.
The design engineer shall, using the assumptions and factors under
"Calculation of Stormwater Runoff and Groundwater Recharge" in this
subsection, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual preconstruction Groundwater Recharge volume for the site; or
2.
The following types of stormwater shall not be recharged:
(a)
Stormwater From Areas of High Pollutant Loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department-approved remedial action work plan
approved pursuant to the Administrative Requirements for the Remediation
and Contaminated Sites rules, N.J.A.C. 7:26C, or Department landfill
closure plan and areas; and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial Stormwater Exposed to "Source Material". "Source
material" means any material(s) or machinery, located at an industrial
facility that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing; or other industrial activities that are
exposed to stormwater.
3.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems and other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
m.
Stormwater Runoff Quality Standards.
1.
These are the minimum design and performance standards to control
Stormwater Runoff Quality impacts of applicable developments defined
herein.
2.
Stormwater management runoff quality measures shall be designed to
reduce the post-construction load of total suspended solids ("TSS")
in stormwater runoff generated from the Water Quality Design Storm
as follows:
(a)
Eighty percent TSS removal of the anticipated load from the
developed site, expressed as an annual average, shall be achieved
for the stormwater runoff from the net increase in regulated impervious
surface and motor vehicle surface.
(b)
For redevelopment of existing impervious surfaces with regulated
motor vehicle surface, the minimum required TSS removal rate is the
greater of the TSS removal rate of the existing stormwater treatment
system or 50% TSS removal rate.
3.
The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollution Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every development requiring
Stormwater Runoff Water Quality treatment shall comply with the above
TSS reduction requirements, unless the development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the development is subject exempts the development
from a numeric effluent limitation for TSS.
4.
The NJDEP Water Quality Design Storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 5 herein.
5.
If more than one BMP in series is necessary to achieve the required
TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100,
|
|
Where:
| ||
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs,
and
|
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP
|
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
|
6.
If there is more than one on-site drainage area, the TSS removal
rate shall apply to each drainage area. However, if the runoff from
the drainage areas converge on-site and it can be demonstrated that
no adverse environmental impact would occur from complying with the
TSS removal standards, then a weighted average of the results achieved
across the affected drainage areas can be used.
7.
Runoff quality measures shall also be designed to reduce, to the
maximum extent feasible, the post-construction nutrient load of the
anticipated load from the developed site in stormwater runoff generated
from the Water Quality Design Storm. In achieving reduction of nutrients
to the maximum extent feasible, the design of the site shall include
Green Infrastructure BMPs, nonstructural strategies and structural
measures that optimize nutrient removal while still achieving the
Groundwater Recharge, Stormwater Runoff Quality, and Stormwater Runoff
Quantity performance standards. The runoff quality calculations for
nutrient removal rates shall follow the BMP Manual or Table 6 herein.
8.
Manufactured treatment devices may be used to meet the water quality
requirements of this subsection provided the pollutant removal rates
are certified by the Department. Manufactured treatment devices that
do not meet the definition of "Green Infrastructure" may be used only
if a variance in accordance with N.J.A.C. 7:8-4.6 is granted, a waiver
from strict compliance in accordance with this subsection is granted,
or an alternative stormwater management measure is approved by the
Township Engineer and if applicable, the Board, to meet the Runoff
Quality Standards.
9.
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
10.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along designated Category One waters,
as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B,
and certain upstream tributaries to Category One waters, as shown
on the USGS Quadrangle Maps or in the County Soil Surveys, within
the associated HUC14 drainage area. These areas shall be established
for the protection of water quality, aesthetic value, exceptional
ecological significance, exceptional recreational significance, exceptional
water supply significance, and exceptional fisheries significance
of those established Category One waters. Major Development shall
not be undertaken that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
11.
These Stormwater Runoff Quality standards do not apply to the construction
of one individual single-family dwelling that is not part of a larger
development or subdivision that has received preliminary or final
subdivision/site plan approval prior to December 3, 2018, and that
the motor vehicle surfaces are designed and constructed with permeable
surfaces or materials, for example, permeable pavers or pervious pavement,
which is recognized as a stormwater BMP.
n.
Stormwater Runoff Quantity Standards.
1.
These are the minimum design and performance standards to control
the Stormwater Runoff Quantity impacts of applicable developments
defined herein.
2.
In order to control Stormwater Runoff Quantity impacts, the design
engineer shall, using the assumptions and factors for stormwater runoff
calculations under "Calculation of Stormwater Runoff and Groundwater
Recharge," complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected two-, ten-, and 100-year storm events, as defined and determined pursuant to subsection 16-5.2o3 and respectively, do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events; or
(b)
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the current and projected two-, ten-, and 100-year storm events, as defined and determined pursuant to subsection 16-5.2o3 and respectively, and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area; or
(c)
Design stormwater management measures so that the post construction peak runoff rates for the current and projected two-, ten-, and 100-year storm events, as defined and determined pursuant to subsection 16-5.2o3 and respectively, are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed.
3.
The Stormwater Runoff Quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, receiving
storm sewer system.
o.
Calculation of Stormwater Runoff and Groundwater Recharge.
1.
Stormwater Runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using the following
method:
(1)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website, subject to change, at: https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422, or at United States Department of Agriculture Natural Resources Conservation Service, New Jersey State Office.
(b)
For the purpose of calculating curve numbers and Groundwater
Recharge, there is a presumption that the pre-construction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition (e.g., HSG B). The term "curve number" applies to the NRCS
methodology above. A "curve number" or a Groundwater Recharge land
cover for an existing condition may be used on all or a portion of
the site if the design engineer verifies that the hydrologic condition
has existed on the site or portion of the site for at least five years
without interruption prior to the time of application. If more than
one land cover has existed on the site during the five years immediately
prior to the time of application, the land cover with the lowest runoff
potential shall be used for the computations. In addition, there is
the presumption that the site is in good hydrologic condition (if
the land use type is pasture, lawn, or park), with good cover (if
the land use type is woods), or with good hydrologic condition and
conservation treatment (if the land use type is cultivation).
(c)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce preconstruction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(f)
The design engineer shall follow the BMP Manual guidance and
requirements for the Calculation of Stormwater Runoff and Groundwater
Recharge.
(g)
In calculating stormwater runoff, the design engineer shall
use most restrictive twenty-four-hour rainfall depth data from the
National Oceanic and Atmospheric Administration (NOAA) precipitation
data servers for the site location.
2.
Groundwater Recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website, subject to change,
at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf, or at
New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box
420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
3.
The precipitation depths of the current two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with items in subsection 16-5.2o3(a) and (b) below:
(a)
The applicant shall utilize the National Oceanographic and Atmospheric
Administration (NOAA), National Weather Service's Atlas 14 Point
Precipitation Frequency Estimates: NJ, in accordance with the location(s)
of the drainage area(s) of the site. This data is available at the
NOAA website, subject to change, at: https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj;
and
(b)
Current Precipitation Adjustment Factors shall be used in determining the current two-, ten-, and 100-year storm events. The current precipitation depths shall be determined by respectively multiplying the two-, ten-, and 100-year storm event precipitation depths from subsection 16-5.2o3(a) by the Current Precipitation Adjustment Factors of the County in which the site is located. Somerset County's two-, ten-, and 100-year design storm Current Precipitation Adjustment Factors are 1.00, 1.03, and 1.09, respectively.
4.
The precipitation depths of the projected two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with items in subsections 16-5.2o3(a) above and 16-5.2o4(a) below:
(a)
Future Precipitation Change Factors shall be used in determining the projected future two-, ten-, and 100-year storm events. The projected precipitation depths shall be determined by respectively multiplying the two-, ten-, and 100-year storm event precipitation depths from subsection 16-5.2o3(a) by the Future Precipitation Change Factors of the County in which the site is located. Somerset County's two-year, ten-year, and 100-year design storm Future Precipitation Change Factors are 1.19, 1.24, and 1.48, respectively.
5.
The Current Precipitation Adjustment Factors and Future Precipitation
Change Factors listed herein are the applicable multipliers for drainage
area(s) within Somerset County as of July 2023. The multipliers listed
herein may be periodically changed by NJDEP so the applicant shall
use the most up-to-date multipliers listed in the N.J.A.C. 7:8 and
the BMP Manual. In cases where the development lies in more than one
county, the precipitation values shall be adjusted according to the
percentage of the drainage area in each county. Alternately, separate
rainfall totals can be developed for each county using the Current
Precipitation Adjustment Factors and Future Precipitation Change Factors
listed in the BMP Manual.
p.
Solids and Floatable Materials Control Standards. Site design features
to prevent discharge of trash and debris from drainage systems shall
comply with the following standards to control passage of solid and
floatable materials through storm drain inlets. For purposes of this
paragraph, "solid and floatable materials" means sediment, debris,
trash, and other floating, suspended, or settleable solids.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate may be approved, if each individual clear
space in that grate has an area of no more than 7.0 square inches
or is no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
2.
Exemptions to these solid and floatable material standards, while
noting that these exemptions do not authorize any infringement of
requirements in the Residential Site Improvement Standards (RSIS)
for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 5:21-7.4(b)1], are as follows:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
Where the Township Engineer agrees that the standards would
cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
(1)
Where flows from the Water Quality Design Storm as specified
in N.J.A.C. 7:8 and herein are conveyed through any device (e.g.,
end of pipe netting facility, manufactured treatment device, or a
catch basin hood) that is designed, at a minimum, to prevent delivery
of all solid and floatable materials that could not pass through one
of the following:
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8 or herein;
or
(d)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
3.
All drainage inlet grates and curb opening pieces in redevelopment, reconstruction areas, or as otherwise outlined in subsection 11-4.5 shall be upgraded to meet these solid and floatable material standards. If the inlet cannot support the grate upgrade or is deteriorated beyond repair, the inlet shall be replaced.
q.
Safety Standards for Stormwater Management Basins.
1.
This subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This subsection applies to any new stormwater management BMP.
2.
These provisions may be imposed if the Township Engineer determined
an existing stormwater management BMP needs to be retrofitted to meet
one or more of the safety standards herein for trash racks, overflow
grates, and escape provisions at outlet structures.
3.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars.
(b)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack.
(c)
The trash rack shall be constructed and installed to be rigid,
durable, and corrosion resistant, and designed to withstand a perpendicular
live loading of 300 pounds per square foot.
(d)
The design engineer should consider shapes and location of trash
racks that are lower maintenance and do not impact the functionality
of the outlet structure. For example, vertical trash racks or small
trash racks in the immediate vicinity of an orifice or weir tend to
become obstructed. Sloped trash racks are shown:
 |
 |
4.
An Overflow Grate is Designed to Prevent Obstruction of the Overflow
Structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no greater than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and designed to withstand
a perpendicular live loading of 300 pounds per square foot.
5.
Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater BMP has an outlet structure, escape provisions
shall be incorporated in or on the structure. Escape provisions include
the permanent installation of ladders, steps, rungs, or other features
that provide easily accessible means of egress from stormwater management
BMPs. With the prior approval from the Township Engineer, a freestanding
outlet structure may be exempted from this requirement.
(b)
Safety ledges shall be constructed on the slopes of all new
stormwater management BMPs having a permanent pool of water deeper
than 2.5 feet. Safety ledges shall be comprised of two steps. Each
step shall be four feet to six feet in width. One step shall be located
approximately 2.5 feet below the permanent water surface, and the
second step shall be located one foot to 1.5 feet above the permanent
water surface. See illustration below:
 |
(c)
In new stormwater BMPs, the maximum interior slope for an earthen
dam, embankment, or berm shall not be steeper than three horizontal
to one vertical (3H:1V).
6.
Requirements for Access and Restricted Access.
(a)
An access road capable of supporting a light-duty maintenance
vehicle should be specified for every surface basin.
7.
Variance or Exemption from Safety Standards. A variance or exemption
from the safety standards for stormwater BMPs may be requested if
demonstrated that the variance or exemption will not constitute a
threat to public safety.
r.
Requirements for a Site Development Stormwater Plan.
1.
Submission of Site Development Stormwater Plan.
(a)
Whenever an applicant seeks approval of a development subject
to this subsection, the applicant shall submit all of the required
components listed below as part of the submission of the applicant's
application for development approval. These required components are
in addition to any other non-stormwater-related information required
under Montgomery Township's Land Development Ordinance.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this subsection.
(c)
The applicant shall submit electronic copies and sufficient
hard copies of the materials for review listed below.
2.
Site Development Stormwater Plan Approval. The applicant's Site Development project shall be reviewed as a part of the development plan review process by the Zoning Board of Adjustment, Planning Board, Township Engineer or their qualified designee, and/or other official from whom approval is required. When applicable, the Board or official shall consult the Township Engineer or the Board's consultant professional engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this subsection. In lieu of review by the Township Engineer, Montgomery Township reserves the right to engage a professional engineer to review the stormwater plan and required information at the developer's cost. Time spent by the Township Engineer or the Township's consultant professional engineer shall be charged to the developer's escrow account established in accordance with subsection 16-9.1a.
3.
Required Items for Submission of the Site Development Stormwater
Plan. The submission shall include, but not be limited to, the following:
(a)
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information, as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing one-foot
contour intervals. The map, as appropriate, may indicate the following:
existing surface water drainage, steep slopes, soils, critical soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and 100-year flood
plains along with their appropriate buffer strips, Township Stream
Corridor and appropriate buffers, marshlands and other wetlands, pervious
or vegetative surfaces, existing man-made structures, roads, bearings
and distances of property lines, and significant natural and man-made
features not otherwise shown.
(b)
Environmental Site Analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. The description shall include a discussion of
soil conditions, slopes, wetlands, waterways and vegetation on the
site. Particular attention should be given to unique, unusual, or
environmentally critical areas or sensitive features and to those
that provide particular opportunities or constraints for development.
(c)
The geology and hydrogeology information from the Natural Resources
Conservation Service maps and Township soil maps shall be provided,
with particular attention to the Evaluation of Groundwater Resources
of Sourland Mountain Region of Central New Jersey dated November 19,
2004, prepared by Matthew J. Mulhall, P.G., of M2 Associates and Peter
M. Demicco, P.G. of Demicco and Associates, as amended.
(d)
A recharge map shall be provided, showing locations where recharge
is possible on the site.
(e)
Project Description and Site Plan(s). A map (or maps) at the
scale of the topographical base map shall be provided indicating the
location of existing and proposed buildings, roads, parking areas,
utilities, structural facilities for stormwater management, including
Green Infrastructure, and sediment control, and other permanent structures.
The map(s) shall also clearly show areas where alterations will occur
in the natural terrain and cover, including lawns and other landscaping,
and seasonal high groundwater elevations. A written description of
the site plan and justification of proposed changes in natural conditions
shall also be provided.
(f)
Land Use Planning and Source Control Plan. This plan shall provide
a demonstration of how the goals and standards herein are being met.
The focus of this plan shall be to describe how the site is being
developed to meet the objectives of Green Infrastructure inclusion
and controlling the Groundwater Recharge, Stormwater Quality and Stormwater
Quantity of this section by land management and source controls where
possible.
(g)
Stormwater Management Facilities Map. A map illustrated of the
same scale as the topographic base map, shall include the total area
to be disturbed, paved or built upon, proposed surface contours at
one-foot intervals, land area to be occupied by the stormwater management
facilities and the type of vegetation thereon, details of the proposed
plan to control and dispose of stormwater, soil boring/test pit locations,
and existing contours; details of all stormwater management facility
designs, including a cross-section of each facility, during and after
construction, including discharge provisions, discharge capacity for
each outlet at different levels of detention and emergency spillway
provisions with maximum discharge capacity of each spillway; a grading
plan showing existing and proposed contours, elevations for inverts,
grates, rims, and all utility information.
(h)
Calculations and Soils Report.
(1)
A written description explaining the findings of the report
as outlined below. The description shall include at a minimum an introduction
to the project, explanation of existing conditions, describe the proposed
project, testing methods and predevelopment investigation findings,
summary of existing and proposed stormwater analysis, and conclusions.
This report shall be in accordance with Appendix E of the NJ BMP Manual.
(2)
Comprehensive hydrologic and hydraulic design calculations for
the predevelopment and post-development conditions for the design
storms specified herein. This shall include but is not limited to
routings, hydrographs, stage-storage calculations, erosion control
calculations (e.g., conduit outlet protection), time of concentration
calculations, drain time calculations, storm sewer capacity analysis
for proposed systems and existing systems when required, floodway
analysis, spillway assessment, TSS removal calculations, Groundwater
Recharge spreadsheet, BMP Manual low impact development checklist,
and as otherwise required to demonstrate compliance with this subsection.
(3)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil test
pit profiles. The number and location of required soil borings or
soil pits shall be determined based on what is needed to determine
the suitability and distribution of soils present at the location
of the control measure, and shall be in accordance with Appendix E
of the BMP Manual.
(i)
Drainage area maps for existing and proposed conditions.
(j)
MS4 Major Development Project List, forms, attachments, and
any other information required by the NJDEP and Township Engineer
for the completion of the Municipal Stormwater Regulation Program
(MSRP) Annual Report. Forms may be found on the NJDEP website, subject
to change, at: https://dep.nj.gov/njpdes-stormwater/municipal-stormwater-regulation-
program/tier a/#templates-and-forms.
(k)
Maintenance and repair plan. The design and planning of the stormwater management facilities shall meet the maintenance requirements herein. A Maintenance and Repair plan shall be included with the Site Development submission and shall be in accordance with Chapter 8 of the NJ BMP Manual and with the requirements of this subsection.
(l)
Waiver From Submission Requirements. The municipal official
or Board reviewing an application under this these stormwater requirements
may, in consultation with the Township Engineer, waive submission
of or reduce the requirements of any of the Submission of Site Development
Stormwater Plan requirements listed herein when it can be demonstrated
that the information requested is impossible to obtain or it would
create a hardship on the applicant to obtain and its absence will
not materially affect the review process.
s.
Maintenance and Repair.
1.
All Minor Development and Major Development projects requiring stormwater
management shall comply with these requirements.
2.
The design engineer shall prepare an operation, maintenance, and
repair plan (often referred to as "Operations and Maintenance Manual"
or "O&M Manual") for the stormwater management facilities incorporated
into the design of a development project. The maintenance plan shall
contain all of the following:
(a)
Specific preventative maintenance tasks, maintenance schedules
for each stormwater facility (no task shall exceed one year in frequency),
inspection guidance, repairs and replacement of components, required
permits, erosion control, vegetation management, as well any tasks
specific to the type of BMP needed to maintain the functional parameters
(storage volume, infiltration rates, inflow/outflow capacity, etc.);
and
(b)
Cost estimates, including estimated costs of routine inspections,
maintenance (e.g., sediment, debris, trash removal), costs to repair
structures, costs to replace structures, estimated life span of various
components for cost planning, labor, equipment, materials, and other
information related to perpetual upkeep of the stormwater facility;
and
(c)
The name, address, and telephone number, and any other relevant
contact information of the persons responsible for preventative and
corrective maintenance (including replacement) and any persons to
which the stormwater facilities will be dedicated. If the responsible
maintenance party is different than the owner, the owner's information
shall be included as well; and
(d)
Facility location, including block and lot numbers, and coordinates;
and
(e)
Accurate and comprehensive drawings of the site's stormwater
management measures and applicable details; and
(f)
Copies of the inspection log forms and maintenance reporting
sheets.
(g)
Additional guidance can be found in the BMP Manual or on the
Department's website.
3.
If the party responsible for maintenance identified is not a Montgomery
Township or another public agency, the maintenance plan and any future
revisions of the maintenance plan, shall be recorded upon the deed
of record for each property on which the maintenance described in
the maintenance plan must be undertaken following approval by the
Township Engineer and Township Attorney.
4.
Any conditions hereinafter under Maintenance and Repair apply to
stormwater facilities not owned or operated by Montgomery Township,
hereinafter "privately owned."
5.
The party responsible for maintenance of privately owned stormwater
facilities, regardless whether the stormwater facility existed before
or are created after the adoption of this subsection, shall perform
all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the stormwater management measures incorporated into the design
of the development, including a record of all inspections and copies
of all maintenance-related work; and
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Shall submit inspection and maintenance logs to the Township
by December 31 annually for any stormwater measure or BMP in accordance
with the NJ Pollutant Discharge Elimination System requirements of
N.J.A.C. 7:14A.
6.
In the event that a privately owned stormwater management facility
becomes a danger to public safety or public health, is in need of
maintenance or repair, and/or is not functioning properly in the opinion
of the Township Engineer, the Township Engineer shall so notify the
responsible party in writing. Upon receipt of that notice, the responsible
party shall have 14 days to effectuate maintenance and repair of the
facility in a manner that is approved by the Township Engineer. In
the case of an emergency where repairs and/or remediation must take
place sooner, the Township Engineer may specify a shorter timeframe.
The Township Engineer may also extend the time allowed for effecting
maintenance and repair for good cause.
(a)
If the responsible party fails or refuses to perform such maintenance
and repair, Montgomery Township may immediately proceed to do so with
its own forces and equipment, and/or through contractors. The Township
Engineer will decide whether it can be corrected easily up to, and
including, placing the stormwater facility back to its as-designed
condition.
(b)
The costs and expenses of such maintenance and repair by Montgomery
Township shall be billed to the responsible person or owner. Nonpayment
of such bill may result in a lien on the property.
(c)
If the stormwater facility continues to malfunction, the responsible
party will be notified in writing and be given a reasonable timeframe
in which to submit a plan to bring the basin into compliance to the
original design. If the original design is not available, the responsible
party should hire a professional engineer to redesign the basin to
meet current standards. The basin shall then be corrected and monitored
at the cost of the responsible party.
7.
Stormwater management facilities cannot be removed or modified without
Township Engineer and if applicable, Board approval. This requirement
does not apply to maintenance work.
t.
Ownership of Stormwater Management Facilities.
1.
For stormwater facilities not dedicated to or not accepted by Montgomery
Township:
(a)
If the Maintenance Plan identifies a party other than the property
owner (for example, a developer, a public agency, or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such party's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such party. Evidence
of dedication shall be provided to the Township Engineer.
(b)
Responsibility for maintenance of community stormwater management
facilities shall not be assigned or transferred to the owner or tenant
of an individual property in a residential development or project,
unless such owner or tenant owns or leases the entire residential
development or project.
(c)
Responsibility for maintenance of individual stormwater management
facilities may be assigned or transferred to the owner or tenant of
an individual property in a residential development or project under
certain circumstances. This applies to projects under the provisions
of subsection 16.4.2d footnote [13], and can be employed to applicable
projects in the subsection if all of the following are met:
(1)
The individual stormwater facilities shall be situated and fully
contained on the residential lot.
(2)
The stormwater facilities are only designed to handle runoff
from a structure or improvement on the residential lot where the facility
will be;
(3)
These facilities shall not control runoff from a public street.
(4)
The maintenance of the individual stormwater management facilities
on residential lots are to remain as the lot owners' responsibility.
Ownership or maintenance may not be transferred to Montgomery Township.
(5)
The area of the stormwater facility shall be recorded on the
deed in metes and bounds. The maintenance obligation shall be recorded
as a deed restriction.
(6)
No such facility shall be modified or eliminated following issuance
of the initial certificate of occupancy unless the Township of Montgomery
permits such modification or elimination by adoption of an ordinance.
(7)
Any existing community stormwater management facility where
maintenance or ownership was transferred to an individual residential
property owner or required by agreement in accordance with the rules
permitted at that time shall remain the responsibility of the owner.
2.
Stormwater Management Facilities for Nonresidential (Commercial)
Developments. Whenever a stormwater management facility is required
for a nonresidential development, the stormwater management facility
shall be a part of an individual lot owned and maintained by the property
owner, or in the case of a business park or other similar complex,
part of the common property owned by a business association. Provisions
for long-term maintenance of the facility shall be established. No
responsibility, maintenance or otherwise, shall be transferred to
the Township.
3.
Stormwater management facilities for multi-family (e.g., apartments
or townhouses) developments. Whenever a stormwater management facility
is required for a development approval for a multi-family building,
the stormwater management facility shall be a part of the individual
lot owned and maintained by the property owner of the development
consisting of rental units or a part of the common property owned
by a homeowners' association of a development of for-sale units,
and provisions for long-term maintenance of the stormwater facility
shall be established. No responsibility, maintenance or otherwise,
shall be transferred to the Township.
4.
Stormwater management facilities for conventional, nonclustered development
of single-family detached dwellings.
(a)
Whenever a stormwater management facility is required in connection
with a development approval for any conventional, nonclustered development
of single-family detached dwellings, the stormwater facility shall
be owned and maintained by a homeowners' association unless it
is not reasonably feasible to establish a homeowners' association.
(b)
When it is not reasonably feasible to establish a homeowners'
association, the stormwater management facilities shall be constructed,
under the following conditions, subject to review by the Township
Engineer, as well as approval by the Township Committee:
(1)
A separate lot shall be created for the stormwater basin or
management facility and dedicated to the Township. The Township shall
not take ownership of or be responsible for the maintenance of any
stormwater management facilities on private property; and
(2)
The developer shall deposit a cash fee with Montgomery Township
in an amount reasonably determined by the Township Engineer and approved
by the Township Committee to be sufficient to complete routine maintenance
for 100 years after the stormwater facility is accepted by the Township
and to replace structural components during the 100-year time period;
and
(3)
The cash fee shall ensure that all stormwater management measures
required under this subsection will be maintained in accordance with
the design specifications required and established herein. The calculation
of the fee may consider the cost estimates in the Maintenance and
Repair Plan. The plan shall include an estimate of the present value
of the cost to inspect, maintain and repair the stormwater management
facilities in accordance with the plan for the useful life of those
measure(s); and
(4)
The calculation of the cash fee also shall consider the costs
associated with the reconstruction of stormwater management measures
that are reasonably anticipated to be subject to long term failure
after an agreed number of years, depending on the type of measure(s)
that might need to be reconstructed. The amount shall be based on
the future value of the measure(s) being reconstructed; and
(5)
This up-front cash fee shall be placed in a dedicated account
and expended by Montgomery Township for the sole purpose of conducting
inspection, maintenance and repair activities for all stormwater management
facilities required under the approval and accepted by the Township.
Such funds shall not be used for maintenance of any lands or improvements
other than stormwater management facilities.
u.
Deed Records and Dedications.
1.
Any stormwater management measure authorized under the municipal
stormwater management plan or this chapter and any revisions thereof
shall be reflected in a deed notice recorded in the Somerset County
Clerk's office. A form of deed notice shall be submitted to the
Township Engineer and Township Attorney for approval prior to filing.
The deed notice shall contain a description of the stormwater management
measure(s) used to meet the Green Infrastructure, Groundwater Recharge,
Stormwater Runoff Quality, and Stormwater Runoff Quantity Standards
and shall identify the location of the stormwater management measure(s)
in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and
Longitude in decimal degrees. The deed notice shall also include the
maintenance plan also required to be recorded upon the deed. Furthermore,
access easements shall be provided to Montgomery Township to provide
the Township the right, but not obligation, to access the facility.
Prior to signing the site plan, subdivision plan, or approving a permit,
proof that the above required deed notice has been filed shall be
submitted to the municipality. Proof that the required information
has been recorded on the deed shall be in the form of a complete electronic
or original recorded copy of the document.
2.
A stormwater management measure approved under the municipal stormwater
management plan or ordinance may be altered or replaced with the approval
of the Township Engineer, if the Township Engineer determines that
the proposed alteration or replacement meets the design and performance
standards pursuant to this subsection and provides the same level
of stormwater management as the previously approved stormwater management
measure that is being altered or replaced. If an alteration or replacement
is approved, a revised deed notice shall be submitted to the Township
Attorney and Township Engineer for review and approval, and subsequently
recorded with the Somerset County Clerk's office. The instrument
shall contain a description and location of the stormwater management
measure, as well as include the maintenance plan, as noted above.
Prior to signing the site plan, subdivision plan, or approving a permit,
proof that the required information has been recorded on the deed
in the form of a complete electronic or original recorded copy of
the document shall be provided.
3.
The approving board may require dedication of easements or deed restrictions
along drainage ways, natural water courses, steep slopes and other
unique botanical, environmental, historical, geological and paleontological
areas located therein or adjacent to a proposed development. The easement
or deed restriction shall be indicated on the plan and shall be marked
on the land by concrete monuments at angle points and or property
corners at sufficient locations to enable the dedicated area to be
surveyed. In such cases, the approving board shall consult with the
Township Planner, Township Engineer, and the Open Space Coordinator
in determining the required shape and size of the easement. The easement
or deed restriction shall be in a form approved by the approving board's
attorney and shall include provisions assuring the following:
(a)
Preservation of the channel and flood plain of the watercourse,
including the right to clean, de-snag and all such work necessary
to maintain the shape, slope and water flow of the watercourse.
(b)
Prohibition of any removal of trees and other cleaning and grading
not directly related to the preservation of the channel of a watercourse.
(c)
Grant of a right to the Township to install and maintain any
drainage facilities necessary for the health and safety of the public,
if applicable.
(d)
Right-of-entry to the Township to install and maintain any drainage
facilities therein, if applicable.
v.
Alternative Stormwater Measures or Methodology. Alternative stormwater
management measures, alternative TSS removal rate, and/or alternative
method to calculate removal rate may be used if the design engineer
demonstrates the capability of the proposed alternative stormwater
management measure and/or the validity of the alternative rate or
method to the satisfaction of the Township Engineer. Alternative stormwater
management measures may be proposed to satisfy the Green Infrastructure
Standards only if the measures meet the definition of "Green Infrastructure."
Alternative stormwater management measures that function in a similar
manner to a Green Infrastructure BMP are subject to the contributory
drainage area limitation specified in Table 4 for that similarly functioning
BMP. Alternative stormwater management measures approved in accordance
with this subsection that do not function in a similar manner to any
BMP listed at in Table 4 shall have a contributory drainage area less
than or equal to 2.5 acres, except for alternative stormwater management
measures that function similarly to cisterns, grass swales, green
roofs, standard constructed wetlands, vegetative filter strips, and
wet ponds, which are not subject to a contributory drainage area limitation.
Alternative measures that function similarly to standard constructed
wetlands or wet ponds shall not be used for compliance with the Stormwater
Runoff Quality Standard unless a variance in accordance with N.J.A.C.
7:8-4.6 or a waiver from strict compliance is granted by the Zoning
Board of Adjustment or Planning Board, and Township Engineer.
w.
Variance or Exemption from Stormwater Design and Performance Standards.
1.
In order to grant a variance or exemption from the stormwater management
measures set forth herein, the applicant shall include a mitigation
plan that identifies what measures are necessary, potential mitigation
projects, and/or criteria to evaluate mitigation projects that can
be used to offset the deficit created by granting a variance in accordance
with the requirements that follow.
2.
A variance or exemption shall not be granted due to conditions created
by the applicant. If the applicant can comply with the requirements
of this subsection and Stormwater Management Plan through reduction
of the size of the project, the hardship shall be deemed to be self-imposed
and a condition created by the applicant, thereby negating any entitlement
to variance relief or an exemption from the requirements of this subsection.
3.
A variance or exemption may be granted from the design and performance
standards for stormwater management measures set forth herein and
from the Stormwater Management Plan, provided the municipal plan includes
a mitigation plan and the following conditions are met:
(a)
The applicant demonstrates that it is technically impracticable
to meet any one or more of the design and performance standards on-site.
For the purposes of this analysis, technical impracticability exists
only when the design and performance standard cannot be met for engineering,
environmental, or safety reasons. A variance shall apply to an individual
drainage area and design and performance standard and shall not apply
to an entire site or project, unless an applicant provides the required
analysis for each drainage area within the site and each design and
performance standard;
(b)
The applicant demonstrates that the proposed design achieves
the maximum possible compliance with the design and performance standards
on-site; and
(c)
A mitigation project in accordance with the following is implemented:
(1)
The mitigation project may be selected from the municipal mitigation
plan or may be proposed by the applicant, provided it meets the criteria
in the municipal mitigation plan, if available and practical.
(2)
The mitigation project shall be approved no later than preliminary
or final site plan approval of the development.
(3)
The mitigation project shall be located in the same HUC 14 as
the area of the development subject to the variance.
(4)
The mitigation project shall be constructed prior to, or concurrently
with, the development.
(5)
The mitigation project shall comply with the Green Infrastructure
standards herein.
(6)
If the variance or exemption that resulted in the mitigation
project being required is from the Green Infrastructure standards,
then the mitigation project must use Green Infrastructure BMPs in
Table 1, and/or an approved alternative stormwater management measure
that meets the definition of "Green Infrastructure" to manage an equivalent
or greater area of impervious surface and an equivalent or greater
area of motor vehicle surface as the area of the development subject
to the variance. Grass swales and vegetative filter strips may only
be used in the mitigation project if the proposed project additionally
includes a Green Infrastructure BMP other than a grass swale or vegetative
filter strip. The Green Infrastructure used in the mitigation project
must be sized to manage the Water Quality Design Storm, at a minimum,
and is subject to the applicable contributory drainage area limitation
specified herein.
(d)
A variance or exemption from the Groundwater Recharge Standards
at N.J.A.C. 7:8-5.4 may be granted if one of the following is met:
(1)
The average annual Groundwater Recharge provided by the mitigation
project must equal or exceed the average annual Groundwater Recharge
deficit resulting from granting the variance for the development;
or
(2)
Runoff infiltrated during the two-year storm from the mitigation
project must equal or exceed the deficit resulting from granting the
variance from the required infiltration of the increase in runoff
volume from preconstruction to post-construction from the development.
(e)
A variance or exemption from the Stormwater Runoff Quality Standards
may be granted if the following are met:
(1)
The total drainage area of motor vehicle surface managed by
the mitigation project(s) must equal or exceed the drainage area of
the area of the development subject to the variance and must provide
sufficient TSS removal to equal or exceed the deficit resulting from
granting the variance for the development; and
(2)
The mitigation project must remove nutrients to the maximum
extent feasible.
(f)
A variance or exemption from the Stormwater Runoff Quantity
Standards may be granted if the following are met:
(1)
The applicant demonstrates, through hydrologic and hydraulic
analysis, including the effects of the mitigation project, that the
variance will not result in increased flooding damage below each point
of discharge of the development;
(2)
The mitigation project discharges to the same watercourse and
is located upstream of the development subject to the variance; and
(3)
The mitigation project provides the peak flow rate attenuation
requirements herein for an equivalent or greater area than the area
of the development subject to the variance. For the purposes of this
demonstration, equivalent includes both size of the area and percentage
of impervious surface and/or motor vehicle surface.
(g)
The applicant or the entity assuming maintenance responsibility
for the associated development shall be responsible for preventive
and corrective maintenance (including replacement) of the mitigation
project and shall be identified as such in the maintenance plan.
4.
The applicant shall be responsible for locating an appropriate site
for mitigation of the performance section for which the waiver is
sought. Mitigation may occur on municipal property or on a private
property as the appropriate rights are secured from the property owner.
5.
Any approved variance shall be submitted by Montgomery Township to
the county review agency and the Department, by way of a written report
describing the variance, as well as the required mitigation, within
30 days of the approval.
x.
Waivers. A waiver from strict compliance from the Green Infrastructure,
Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater
Runoff Quantity Standards may be requested for the enlargement of
an existing public roadway or railroad, or the construction or enlargement
of a public pedestrian access, provided that the following conditions
are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means; and
2.
The applicant demonstrates through an alternative analysis, that
through the use of stormwater management measures and BMPs, the option
selected complies with the Green Infrastructure, Groundwater Recharge,
Stormwater Runoff Quality, and Stormwater Runoff Quantity Standards
of this subsection to the maximum extent practicable; and
3.
The applicant demonstrates that, in order to meet the Green Infrastructure,
Groundwater Recharge, Stormwater Runoff Quality, and Stormwater Runoff
Quantity Standards of this subsection, existing structures currently
in use, such as homes and buildings, would need to be condemned; and
4.
The applicant demonstrates that it does not own or have other rights
to areas, including the potential to obtain through condemnation lands
not falling under the above paragraph within the upstream drainage
area of the receiving stream that would provide additional opportunities
to mitigate the Green Infrastructure, Groundwater Recharge, Stormwater
Runoff Quality, and Stormwater Runoff Quantity Standards that were
not achievable on-site.
y.
Final Completion and Certification.
1.
Nothing herein shall reduce or eliminate the developer's obligation to adequately construct all stormwater management facilities. Adequate guarantees shall be posted to assure the good and professional, workmanlike installation of such stormwater maintenance facilities pursuant to N.J.S.A. 40:55D-53 and subsection 16-9.2.
2.
The Township Engineer shall not approve any stormwater management
facilities unless and until the developer's engineers shall have
submitted to the Township Engineer as-built drawings prepared by a
professional licensed surveyor, certified by a professional engineer
that the said facilities were constructed in accordance with the approved
plans, and deemed acceptable. Provide as-built stormwater calculations
if requested. In lieu of review by the Township Engineer, Montgomery
Township reserves the right to engage a professional engineer to review
the as-built information at the developer's cost.
3.
The Township Engineer may also require post-construction testing
of the facility before it is put into operation. Field tests shall
be conducted according to the BMP Manual in order to verify the facility
functions properly. The results of all field permeability tests shall
be certified by a professional engineer and transmitted to the Township
Engineer. If the results of the post-development field permeability
tests fail to achieve, for example, the BMP Manual minimum required
design permeability rates when utilizing the required factor of safety,
the BMP shall be renovated and retested until such minimum required
design permeability rates are achieved or a redesign is approved,
built, and tested.
4.
Any corrections or remedial actions deemed by the Township Engineer
to be necessary to comply with the standards established by this subsection,
comply with the approved plans, and/or any reasons of public health
or safety shall be completed by the applicant, developer, or responsible
party. As-built surveys and calculations shall be amended when necessary.
5.
The Township Engineer may require the developer to clean and provide
video of underground stormwater measures and BMPs improvements. Any
repair work required is subject to further visual or video inspection.
6.
During a period of maintenance immediately following the release
of performance guarantees, it shall continue to be the developer's
obligation, together with the surety, to adequately maintain the stormwater
management facilities. Only after the expiration of maintenance guarantees
shall any funds be utilized for maintenance of stormwater management
facilities. This applies to facilities accepted by Montgomery Township.
z.
Grading.
1.
Lots shall be graded to secure proper drainage away from the buildings.
Additionally, grading shall be provided in a manner which will prevent
the collection of stormwater in pools or other unauthorized concentrations
of flow and, to the greatest extent possible, water shall not flow
across adjacent property lines. No areas of concentrated flow via
gutters, channels, swales and/or pipe discharge shall be directed
across driveways or sidewalks, or into public rights-of-way.
2.
A proposed grading plan shall accompany the final subdivision or
site plan and shall not be a scale less than one-inch equals 30 feet.
The final subdivision or site plan grading sheets shall show the same
information as required on the preliminary plan with the addition
that the individual lot grading shall be shown as follows:
Final grades shall be shown for each lot corner, all high and
low points and breaks in grade, finished floor elevation of structures,
finished grade of septic systems, if applicable, and at the corners
of tentative structure locations. If the use of drainage swales is
intended, the elevation of these swales shall be shown. The minimum
grade of disturbed areas shall be 1.5%.
3.
Grading and finished floor elevations shall be adjusted for the house
model selected, located within the building envelope and final architectural
plans conforming to applicable codes. Final information shall be submitted
to the Township as part of the building permit application for each
lot.
4.
Each individual lot's grading plan shall be submitted with the
building permit application. The grading plan shall identify the International
Building Code grading requirements. In all cases, the grade shall
pitch away from the buildings at not less than one inch in 12 inches
for a distance of eight feet. Where cross lot drainage is reasonably
unavoidable and contradicts the requirements above, the building permit
application shall include a grading plan which defines the proposed
final grading of all abutting lots affecting the lot for which the
permit application is being made. Individual lot grading plans shall
include at a minimum:
(a)
The extent of proposed filling, cutting or regrading of the
land; and
(b)
Existing and proposed contours with intervals of one foot where
slopes are less than 2% in grade and/or lots are less than 1/2 acre
in size or intervals of two feet where slopes are more than 2% and/or
lots are greater than 1/2 acre in size. All contour information shall
refer to a known datum. Existing contours shall be shown as a dashed
line; finished grades shall be shown as a solid line;
(c)
Spot elevations at dwelling and/or accessory structure(s) corners,
driveway, first floor, garage floor and basement floor elevations,
lot corners, center line of street, edge of pavement and any other
locations as necessary;
(d)
The existing surface drainage pattern shall include but not
be limited to swales, ditches, brooks or other drainage patterns,
and how it affects the subject property. Any proposed changes in the
existing surface drainage pattern which will result from the construction
of the structure proposed for the subject property shall be shown;
(e)
The proposed location of roof leader drains and sump pump discharge
pipe outlet; and
(f)
The location of any retaining walls with top and bottom of wall
elevations. Plans, profiles, cross-sections, and details of all retaining
walls showing the height of wall, the elevation at the top and bottom
of each wall, the materials to be used, a profile and cross-section
of the wall, any proposed plantings, any safety barriers, calculations
of anticipated earth and hydrostatic pressures and surcharges, and
calculations detailing the wall design shall be provided unless such
documents were reviewed and approved as part of a subdivision or site
plan application. All plans, details, and calculations shall be prepared,
signed, and sealed by a licensed professional engineer.
5.
Prior to construction of foundation walls, an as-built survey of
the horizontal and vertical location of the foundation footing prepared
by a licensed land surveyor shall be submitted to the Zoning Officer
and Township Engineer for review and approval.
6.
As a condition precedent to the issuance of certificates of occupancy,
the developer shall submit an as-built grading plan prepared by a
licensed land surveyor to the Township that also bears an engineer's
certification that the as-built conditions, including lot grading,
complies with the approved final design and soil erosion control plans.
The as-built shall include any pertinent information requested by
the Township Engineer, traditionally, including, but not limited to,
site features, grading, limits of clearing, and pertinent information
about the property.
7.
In order to conform to the requirements of N.J.A.C. 4:24-49 and when
applicable, the Township Engineer shall not recommend a temporary
or unconditional certificate of occupancy for a project if the Soil
Conservation District has not issued a conditional or final compliance
certificate for measures to control soil erosion and sedimentation.
aa.
Design of Runoff Collection System.
1.
For storm sewer design, a ten-year to twenty-five-year storm frequency
should be considered the minimum design storms. The design engineer
shall design facilities in accordance with the provisions of N.J.A.C.
5:21-7.2(c)5.i through iv.
2.
The design of the stormwater runoff collection system shall conform
to N.J.A.C. 5:21-7.3 except as follows:
(a)
High-density polyethylene pipe (HDPE) shall not be used in rights-of-way
to be dedicated to Montgomery Township, for driveway culverts, or
in locations that do not have adequate cover.
(b)
Inlet or manhole spacing shall not exceed 400 feet unless otherwise
approved by the Township Engineer.
(c)
Manhole frames and covers shall be of American-made cast iron
conforming to ASTM Specification A-48 Class 30 and be suitable for
H-20 loading capacity. All manhole covers in remote areas or areas
subject to flooding may require a locking device. "MONTGOMERY TOWNSHIP
STORM SEWER" shall be cast integrally in the cover.
(d)
All discharge pipes shall terminate with a precast or cast-in-place
concrete headwall with or without wingwalls as conditions require.
In normal circumstances, a cast-in-place concrete headwall is preferred.
Use of other types shall be justified by the designer and approved
by the Township Engineer.
(e)
Headwalls and endwalls shall extend a minimum of 25 feet from
all roadways unless there is an existing natural barrier (trees, shrubs,
berms) or a guardrail installed. When such conditions exist, the headwall
or endwall may be placed at the right-of-way line or at a minimum
distance of 10 feet from the edge of the roadway, whichever is greater.
[Ord. #85-482, S 503; Ord. #88-584, S IV D; Ord. #89-628,
S 3; Ord. #93-779, SS 1, 2; Ord. #98-952, S 1; Ord. #02-1071, S 1]
a.
All permitted fences shall be situated on a lot in such a manner
that the finished side of the fence shall face adjacent properties.
No fence shall be erected of barbed and/or electrified wire, topped
with metal spikes, nor constructed of any material or in any manner
which may be dangerous to persons or animals, except that these provisions
shall not apply to farms and except further that fences permitted
for nonresidential uses in the MR/SI District may be topped by a barbed
and/or electrified wire protective barrier, and except further that
requirements of State or Federal regulations shall prevail.
b.
On any lot in any district, no wall or fence shall be erected or
altered so that said wall or fence shall be over four feet in height
in side, rear and front yard areas, provided that said fence may be
erected with an additional six inches of clearance from grade, and
excepting the following:
1.
A dog run or privacy area may have fencing a maximum of six feet
in height, provided such area is located in rear yard areas only and
is set back from any lot line at least 15 feet.
4.
On residential lots only, fences not to exceed eight feet in height
designed to deter deer may be erected around vegetable or flower gardens
and/or other similarly contained areas not exceeding 5,000 square
feet in size, provided that:
(a)
The fence shall be located in the rear yard areas only;
(b)
The fence shall not be constructed or topped with any barbed
or electrified wire, or metal spikes;
(c)
Any portion of the fence over four feet in height shall be constructed
only of thin, high-tensile woven wire running parallel to the ground
or thin, high-tensile woven wire grid and shall not have any nonperpendicular
or nonparallel elements;
(d)
The portion of the fence over four feet in height shall have
at least a six inch separation between all vertical (stay) wires and
between all horizontal (line) wires;
(e)
The fence shall be erected perpendicular to the ground with
posts firmly secured in the ground or attached to the inside of an
otherwise permitted fence and shall be tautly stretched between the
supports so that the wire(s) do not sag or droop; and
(f)
The fence shall comply with the minimum side and/or rear lot
line setback distances specified for accessory buildings in the respective
zoning district, but in no case shall the distance be less than 15
feet.
5.
On farms only, high-tensile woven wire fences not to exceed eight
feet in height designed to deter deer and small mammals may be erected
provided that:
6.
A zoning permit shall be required for any fence. A construction permit
shall be required for any fences over six feet.
c.
Sight triangle easements shall be required at intersections of a
street with another street and at intersections of a street with a
driveway providing ingress and/or egress to nonresidential developments.
The sight triangle easement shall be in addition to the specified
right-of-way width of a street and cartway width of a driveway and
shall not contain any grading, planting or structure more than 12
inches above the center line of the street and/or driveway, except
that street signs, fire hydrants and light standards may be located
within a sight triangle easement.
The sight triangle is that area outside of the street right-of-way
or driveway cartway, bounded by the intersecting street right-of-way
or driveway cartway lines and the straight line connecting sight points,
one each located on the two intersecting street or driveway center
lines. In the instance of intersections with no stop controls, the
sight points shall be 90 feet.
In the instance of stop controlled intersections, sight triangles
shall be provided as follows in accordance with the standards established
by the Institute of Traffic Engineers; specifically, the most current
edition of the Transportation and Traffic Engineering Handbook. The
required dimension of the sight triangle shall depend upon the design
speed of the uncontrolled street, which design speed shall be established
by the Township Engineer, and the sight triangle shall be laid out
so that a driver 15 feet from the proposed or future edge of pavement
of the uncontrolled street can see approaching traffic at the following
distances related to the design speed:
|
Design Speed of Uncontrolled Street
|
Minimum Required Sight Distance
|
|---|---|
|
25 mph
|
250 feet
|
|
30 mph
|
300 feet
|
|
35 mph
|
350 feet
|
|
40 mph
|
400 feet
|
|
45 mph
|
450 feet
|
|
50 mph
|
500 feet
|
|
Additional lands may be required to be included within the sight
triangle easement in order to provide an unobstructed sight view for
the entirety of the minimum distances noted hereinabove.
|
|
The dedication of sight triangle easements shall be expressed
on a subdivision plat or site plan as follows: "Sight triangle easement
deeded for purposes provided for and expressed in the Land Development
Ordinance of Montgomery Township."
|
d.
When guiderails are to be installed and provided a different requirement
is not imposed by another jurisdiction, they shall be made from weathering
A588 steel and shall be in accordance with the Standard Construction
and Detail Sheet (Sheet D2.14), appended to this chapter.
[1]
Editor's Note: Sight Triangle Easements Intersection Diagrams
is included at the end of this section.
[Ord. #85-482, S 504; Ord. #88-584, S IV E; Ord #90-692,
S 1; Ord. #98-933, S 5]
a.
Street Lighting.
1.
Street lighting shall be provided at all street intersections. Moreover,
additional street lighting may be required by the Planning Board or
by the Zoning Board of Adjustment, as the case may be, at specific
locations and subject to the approval of the Township Committee: e.g.,
in locations with limited or hampered sight distance due to existing
vegetation; a sharp curve of the street; or an obtuse or sharply angled
intersection.
2.
The type of required street lighting to be supplied shall be specified
by the Planning Board or by the Zoning Board of Adjustment, as the
case may be, but, in any case, shall not be the so-called "cobra"
type.
3.
The light intensity provided at ground level shall average at least
0.5 footcandles at intersections and 0.3 footcandles for other street
lighting as may be required.
4.
Wherever electric utility installations are required to be underground,
the applicant shall provide for underground service for the required
street lighting as well.
5.
Street lighting in addition to that required in Subsection 16-5.4a1 hereinabove and/or light fixtures different from the standard type normally approved by the Township may be approved by the Board for developments which have a homeowners' association, provided and in accordance with the following:
(a)
Any additional street lighting is optional and shall be maintained
and operated by the homeowners' association;
(b)
Light fixtures different from the standard type normally approved
by the Township will only be approved when the proposed alternate
type of light fixture is part of an overall design theme within the
development and the homeowners' association shall maintain and operate
the non-standard type of lighting; and
(c)
In the event that a developer elects either to install more street lighting than required by the provision of Subsection 16-5.4a1 hereinabove and/or non-standard lighting fixtures, agreements between the Township and the developer, together with its successors and assigns, shall be entered into memorializing the perpetual obligation of the homeowners' association to operate and maintain said lighting.
6.
In any case, street lighting shall be activated only if and when
approved by the Township Committee.
b.
On-site Lighting.
1.
All parking areas and walkways thereto and appurtenant passageways
and driveways serving nonresidential uses having common off-street
parking and/or loading areas shall be adequately illuminated for security
and safety purposes.
2.
The applicant is required to submit a lighting plan indicating the
location of the lighting fixtures, the direction of illumination,
the wattage and isolux curves for each fixture, the hours of operation
of the lighting and the details of the lighting poles and the luminaries,
in accordance with the following:
(a)
The lighting is to be provided by fixtures with a mounting height
not higher than 20 feet or the height of the closest major building,
whichever is less, measured from the ground level to the center line
of the light source;
(b)
The lighting fixtures are to include non-glare lights with recessed
lenses focused downward and with cut-off shields as appropriate in
order to mitigate against adverse impacts upon adjacent and nearby
properties, the safety of traffic along adjacent roadways and overhead
skyglow;
(c)
The light intensity provided at ground level shall be indicated
in footcandles on the submitted plans for each light fixture and shall
average not less than 0.5 footcandles at intersections and 0.3 footcandles
elsewhere in the area to be illuminated, and shall average, in any
case, not more than 1.0 footcandle throughout the area to be illuminated;
(d)
Except for any lighting determined by the Planning Board to
be necessary and/or advisable for security purposes, all other lighting
is to be controlled by circuit timers so that the lights are automatically
turned off after business hours; and
(e)
Any lighting located within the Airport Hazard Area, as shown
on the Zoning Map, shall be of an intensity, location and type that
will not interfere with the air navigation to and from the airport.
[Ord. 895-482, S 505]
a.
Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
b.
Each lot must front upon an approved street, except that in instances
where private streets and/or other accessways are provided and approved
as part of a site plan and/or subdivision submission, each lot need
not front upon an approved street.
c.
All lots shall be suitable for the purpose(s) of their intended use.
Where there is a question as to the suitability of a lot or lots for
their intended use due to factors such as poor drainage conditions
or flood conditions, percolation tests or test borings indicating
the ground conditions to be inadequate for proper sewage disposal
for on lot sewage treatment or similar circumstances, the Board, after
adequate investigation and receipt of a written report by the Township
Board of Health, may withhold approval of such lots. If approval is
withheld, the Board shall give reasons and notify the applicant and
enter the same in the minutes.
d.
Concrete monuments shall be installed in accordance with the requirements
of the New Jersey Map Filing Act. In any case, all lot corners shall
be marked with metal alloy pins.
e.
All lots and/or buildings on lots shall be oriented for solar energy
access where possible and desirable.
[Ord. #85-482, S 506; Ord. #88-584, SIVF; Ord. #01-1039,
S 2; Ord. #03-1119, SS 8, 9; Ord. #08-1294, S 4; Ord. #08-1307, S
1; Ord. #09-1340, S 1; amended 4-18-2024 by Ord. No. 24-1723]
[Ord. #85-482, S 507; Ord. #87-564, S 1; Ord. #89-610, S
4; Ord. #91-730, S 1; Ord. #03-1120, S 1; Ord. #12-1423, S 5]
a.
Lots.
1.
Whenever title to two or more contiguous lots is held by the same
owner, regardless of whether or not each of said lots have been approved
as portions of a subdivision or acquired by separate conveyance or
by other operation of law, and one or more of said individual lots
should, by reason of exceptional shallowness, topographic conditions,
substandard area or yard space or similar measurements, not conform
with the minimum lot area and dimension requirements for the zone
in which it is located, the contiguous lots of said owner shall be
considered as a single lot.
2.
Whenever the owner of a lot voluntarily dedicates land to the Township
of Montgomery for road widening purposes or for the construction of
a new road as indicated on the Traffic Circulation Plan Element of
the Township's Master Plan, the following provisions shall apply:
(a)
The Construction Official shall issue construction and occupancy
permits for a lot whose depth and/or area is rendered substandard
only because of the dedication of the land for the road widening or
for the new road and where the owner has no other adjacent lands to
provide the minimum requirements.
(b)
The area of any dedicated land to the Township shall still be
credited to the landowner for any applicable floor/area ratio (FAR),
density, building coverage and lot coverage provisions; and
(c)
In the instance where a landowner has dedicated land for the
right-of-way of a new "inner-loop" or jug-handle type roadway, the
dimensional setback from the dedicated right-of-way shall be that
noted for the side yard in the applicable zoning district, even though
it otherwise is to be considered a front yard.
3.
Except as provided in Subsection 16-5.7a1 hereinabove, any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief provided: (1) the existing use(s) on the lot are conforming to the permitted use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question; (2) the total permitted building coverage is not exceeded; (3) the accessory building and/or addition do not violate any other requirements of this chapter such as, but not limited to, height, setback and parking.
4.
Any detached single-family dwelling located in the REO, RD, NC, HC
or MFG District and existing as of November 1, 1987 may have additions
to the dwelling and/or construction of an accessory building without
an appeal for variance relief provided: (1) the existing lot and improvements
thereon conform in all respects to the minimum standards for the R-1
District; (2) the addition and/or accessory building do not violate
any of the requirements for the R-1 District.
5.
Any vacant lot existing as a conforming residential lot on June 26,
1974, whose area or dimensions do not meet the requirements of the
district in which the lot is located, may have a construction permit
issued for a single-family detached dwelling and its permitted accessory
uses without an appeal for variance relief provided: (1) single-family
detached dwellings are a permitted use in that district; (2) the building
coverage limit is not exceeded; (3) parking requirements are met;
and (4) the yard and height provisions are reduced by the same percentage
that the area of such lots bears to the zone requirements, except
that no side yard shall be less than either 10 feet or half that required
by this chapter, whichever is greater. Additionally, no building shall
be set back less than 30 feet from the street right-of-way and no
building shall be required to have a height less than 12 feet and
one story.
b.
Structures and Uses.
1.
Any nonconforming use or structure existing at the time of the passage
of this chapter may be continued upon the lot or in the structure
so occupied and any such structure may be repaired in the event of
partial destruction thereof.
2.
Repairs and maintenance work required to keep a structure in sound
condition may be made to a non-conforming structure containing a nonconforming
use. However, no nonconforming structure containing a nonconforming
use shall be enlarged, extended, constructed, reconstructed or structurally
altered in any manner without an appeal for variance relief.
[Ord. #85-482, S 508; Ord. #88-584, SIVG-K; Ord. #89-628,
S 4, 5; Ord. #89-633, S 1; Ord. #03-1119, SS 10, 11; Ord. #09-1312,
S 1; amended 12-17-2020 by Ord.
No. 20-1646; 4-18-2024 by Ord. No. 24-1722; 4-18-2024 by Ord. No. 24-1723]
b.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with subsection 16-5.4. The lighting of all off-street parking areas shall be shown, including any deferred parking areas in accordance with subsection 16-5.8c hereinbelow.
c.
Paving and Curbing.
1.
All parking and loading areas and access drives shall be paved as
provided below except that the Board, at the request of the applicant
and in consideration of the specific parking needs of the applicant,
may permit a reduction in the paved area devoted to parking provided:
(a)
The submitted plan shall include all the parking spaces required
by this chapter and shall include those spaces to be paved and those
requested not to be paved;
(b)
All parking areas not to be paved shall be suitably landscaped
and such landscaping shall be indicated on the submitted plan and
be in addition to landscaping otherwise required or necessary;
(c)
The drainage system for the site shall be designed to accommodate
the surface water runoff from all parking and driveways areas, considering
all such areas to be paved, whether proposed to be paved as part of
the application approval or deferred to a possible future date; and
(d)
The applicant shall agree in writing on the submitted plan to
pave any or all of the nonpaved parking areas should the paved parking
areas prove to be inadequate to accommodate the on-site parking needs
of the premises.
(e)
All driveways for residential lots shall be paved within the
road right-of-way or easement with a six inch thick reinforced concrete
apron where curbs are provided, or bituminous concrete to the same
specification of the abutting road. Alternate materials, such as paver
blocks, may be installed in conformance with the Standard Construction
and Detail Sheets, as promulgated by the Township Engineer in accordance
with law.
(f)
See Standard Construction and Detail Sheets sheets for standards
for unpaved and paved driveways.
2.
All parking and loading areas and access drives shall be paved as
outlined below unless otherwise specified by the board and approved
as part of the development application approval. All parking areas,
regardless of size and location, shall be suitably drained and maintained.
(a)
Areas of ingress and egress, parking stalls, loading and unloading
areas, major interior driveways or access aisles and other areas likely
to experience heavy traffic shall be paved with not less than four
inches of compacted base course of plant mixed bituminous, stabilized
base course (Mix No. 1-2), constructed in layers of not more than
two inches compacted thickness and prepared and constructed in accordance
with New Jersey State Highway Standards and Specifications for Roads
and Bridge Construction (1983) and any amendments thereto. A minimum
of two inches compacted wearing surface of bituminous concrete mixtures
(Mix No. 1-5) shall be constructed thereon in accordance with the
aforesaid New Jersey Highway Department specifications and amendments
thereto.
(b)
Where subgrade conditions of proposed paved areas are wet, yielding
or of such a nature that surfacing would be inadvisable without first
treating the subgrade, the areas shall be excavated to a suitable
depth below the proposed grade and filled with Type 5, Class A quarry
process stone or a suitable upgrade material as approved by the Township
Engineer. Where required by the Township Engineer, a system of subsurface
drains or an alternate solution approved by the Township Engineer
shall be constructed beneath the surface of the paved area and connected
to a suitable drain. After the subbase material has been properly
placed and compacted, the surfacing material, as described heretofore,
shall be constructed thereon.
3.
All paved parking and loading areas and access drives shall be curbed,
except single-family residential drives.
4.
All off-street parking lots shall have adequate designations to indicate
traffic flow and parking spaces.
5.
All construction shall be in accordance with the Standard Construction
and Detail Sheets, as promulgated by the Township Engineer and adopted
by the Township according to law, and the New Jersey State Highway
Standards for Road and Bridge Construction, latest edition, and any
amendments thereto.
6.
Driveway grades shall not be less than 1% and shall not exceed 10%.
Parking areas and access drives or aisles shall not be less than 1%
in grade and shall not exceed 6% in grade.
d.
Access. The center lines of any separate access points to a single
lot shall be spaced at least 125 feet apart, shall handle no more
than three lanes of traffic and shall be set back from the street
line of any intersecting street at least 50 feet or 1/2 the lot frontage,
whichever is greater, except that in no case need the setback distance
exceed 200 feet. Continuous open driveways having a width in excess
of 16 feet at the street line shall be prohibited except that two-way
driveways serving nonresidential uses and multiple-family developments
shall be at least 24 feet wide. In all instances, due consideration
to the proposed width, curbing, direction of traffic flow, radii of
curves and method of dividing traffic lanes shall be given. Curbing
shall be depressed at the driveway or the curbing may be rounded at
the corners and the driveway connected with the street in the same
manner as another street. All points of access to nonresidential and
multi-family development shall be graded and adequate drainage facilities
installed to prevent storm water runoff from entering the public road.
e.
Location of Parking and Loading. Required off-street parking and loading spaces shall be in accordance with the requirements specified in Sections 16-4 and 16-6 of this chapter and shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this chapter. No parking of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas. No perpendicular or angled parking shall be incorporated into through access aisles to parking areas; however, perpendicular or angled parking may be incorporated into no-outlet aisles to parking areas provided that those aisles do not provide sole access dwelling units containing more than a total of 250 bedrooms. Where perpendicular or angled parking is permitted, the unencumbered aisle behind such perpendicular or angled parking shall be a minimum of 28 feet. Internal roads, parking access aisles, parking areas, curbs and landscaping shall be designed to reasonably accommodate the turning movements of emergency vehicles regularly and routinely serving Montgomery Township without requiring the mounting of curbs or interference with landscaping. Where there is a row of contiguous perpendicular or angled parking stalls, there shall be a gap of at least nine feet in width defined by mountable curbing to allow access by emergency vehicles to the facade of each building facing such parking.
f.
Type of Facility.
1.
Parking spaces may be on, above or below the surface of the ground.
When parking spaces are provided within a garage or other structure,
said structure shall adhere to the proper accessory or principal building
setbacks, as applicable.
2.
The provision of parking spaces also shall include adequate driveway
and necessary turning areas for handling the vehicles for which provision
is made. All single-family residential lots not within a planned development,
and all single-family residential lots within a planned development
and having direct driveway access to a non-local street, shall be
provided with an on-site turnaround to permit vehicular access to
the road in a head-on direction.
All side entry garages on nonclustered single-family residential
lots or on clustered single-family lots within a Residential Cluster
I planned development shall be provided with a paved or stoned area
a minimum of 33 feet in length in front of the garage door(s) in order
to allow for adequate ingress and egress to the garage; clustered
single-family residential lots within a Residential Cluster II or
Planned Residential Development shall be provided with such paved
or stoned area a minimum of 25 feet in length.
Except for the driveway providing access to a garage, all parking
areas shall be designed to permit a motor vehicle to proceed to and
from a parking space without requiring the moving of any other motor
vehicles. Aisles providing access to parking areas shall have the
following minimum dimensions; where the angle of parking is different
on both sides of the aisle, the large aisle width shall prevail:
|
Angle of Parking Space
|
One-Way Aisle
|
Two-Way Aisle
|
|---|---|---|
|
90°
|
22'
|
24'
|
|
60°
|
18'
|
20'
|
|
45°
|
15'
|
20'
|
|
30°
|
12'
|
18'
|
|
Parallel
|
12'
|
18'
|
[Ord. #85-482, S 509; Ord. #88-584, SIVL-N]
A development application and/or application for a construction
permit shall provide documentation that the intended use will comply
with the performance standards enumerated below. In the case of a
structure being built where the future use is not known, a construction
permit may be issued with the conditions that no certificate of occupancy
will be issued until such time as this documentation is submitted
with respect to the particular occupant. These provisions shall not
apply to any sewage treatment plant which has received approval by
the New Jersey Department of Environmental Protection.
a.
Electrical and/or Electronic Devices. All electric or electronic
devices shall be subject to the provisions of Public Law 90-602, 90th
Congress, HR 10790, dated October 18, 1968, entitled "An Act for the
Protection of Public Health and Safety from the Dangers of Electronic
Product Radiation." Radiation products as defined in DHEW Publications
No. (FDA) 75-8003, shall be so limited and controlled so that no measurable
energy can be recorded at any point beyond the property boundaries.
The applicant, upon request, shall produce certified data wherein
measurements made in accordance with the procedures and standards
set forth in the DHEW Publication No. (FDA) 75-8003 adequately demonstrate
compliance with the minimum standards established by the Act. All
other forms of electromagnetic radiation lying between 100KHz and
10GHz shall be restricted to the technical limits established in the
Federal Communication Commission's Rules and Regulations. Additionally,
electric or electronic equipment shall be shielded so there is no
interference with any radio or television reception at the lot line
(or beyond the operator's dwelling unit in the case of multi-family
dwellings) as the result of the operation of such equipment.
b.
Glare. No use shall produce a strong, dazzling light or reflection
of a strong, dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered and directed so that glare, direct
light or reflection will not become a nuisance to adjoining properties,
adjoining units, adjoining districts or streets. Unless required by
law, no lighting shall be a rotating, pulsating or other intermittent
frequency.
c.
Heat. No use shall produce heat perceptible beyond its lot lines.
Further, no use shall be permitted which could cause the temperature
to rise or fall in any body of water, except that this provision shall
not apply to any sewerage treatment plant which has received approval
by the State Department of Environmental Protection.
d.
Noise. Noise levels shall not exceed the standards set forth in Section 3-3 Loud and Unnecessary Noise, of this Code nor those rules established by the New Jersey Department of Environmental Protection as they may be adopted and amended.
e.
Odor. Odors due to non-agricultural and nonresidential uses shall
not be discernible at the lot line or beyond.
f.
Storage and Waste Disposal. No provision shall be made for the depositing
of materials or waste upon a lot where there may be transferred off
the lot by natural causes or forces or where they can contaminate
an underground aquifer or otherwise render such underground aquifer
undesirable as a source of water supply or recreation, or where they
will destroy aquatic life. Provision shall be made for all material
or waste which might cause fumes or dust or which constitute a fire
hazard or which may be edible or otherwise attractive to rodents and
insects to be enclosed in appropriate containers to eliminate such
hazards. With respect to solid waste, each property owner shall:
1.
Assume full responsibility for adequate and regular collection and
removal of all refuse, except to the extent such services are provided
by the Township, in which case the property owner shall assume full
responsibility for compliance with all regulations governing the provision
of those services.
2.
Comply with all applicable provisions of the Montgomery Township
Air Pollution Code and regulations of the New Jersey Department of
Environmental Protection.
3.
Permit no accumulation on the property of any solid waste, junk or
refuse.
g.
Ventilation. No use shall obstruct the natural ventilation of adjacent
uses nor contaminate the air with excessive heat or odor. Further,
no air conditioners or exhaust fans shall be permitted to discharge
exhausted air unless they comply with the minimum building setback
requirements of this ordinance and are equipped with baffles to deflect
the discharged air away from the adjacent use.
h.
Vibration. There shall be no vibration which is discernible to the
human senses of feeling beyond the immediate lot.
i.
Dust. Dust due to nonagricultural operations shall not be permitted
to escape beyond the immediate lot.
j.
Radiation. No use shall produce levels of radiation in excess of
the level established by the Radiation Protection Act, L. 1958, c.116
(N.J.S.A. 26:2D-1 et seq.) and standards promulgated pursuant thereto
by the New Jersey Department of Environmental Protection.
k.
Air, Water and Environmental Pollution. No use shall emit any pollutant
into the ground, water or air than exceeds the most stringent applicable
Federal, State or local statute, regulation and ordinance.
l.
Nuisance. No use shall produce any nuisance, source of injury or
sickness, foul or noxious waters, gases or vapors which may be hazardous
or injurious to the public health, safety and welfare.
[Ord. #85-482, S 510]
Unless otherwise specified in this chapter, no more than one
principal dwelling or building shall be permitted on one lot.
[Ord. #85-482, S 511; Ord. #88-584, SIVO]
a.
All public services shall be connected to an approved public utilities
system where one exists. The developer shall arrange with the servicing
utility for the underground installation of the distribution supply
lines and service connections, in accordance with the provisions of
the applicable standard terms and conditions incorporated as part
of its tariff, as the same are on file with the New Jersey State Board
of Public Utility Commissioners; provided, however, that lots not
part of a new major subdivision or site plan which abut existing streets
where overhead electric, CATV or telephone distribution supply lines
and service connections have heretofore been installed may be supplied
with electric, CATV and telephone service from these overhead lines
but any new service connections from the utilities' overhead lines,
shall be installed underground. In cases where extension or replacement
of service is needed to existing or new buildings in established subdivisions
or developments, the present method of service may be continued. In
the case of existing overhead utilities, however, should a road widening
or an extension of service or such other condition occur as a result
of the development and necessitate the replacement or relocation of
such utilities, the developer shall cause the replacement or relocation
to be underground.
1.
Upon submission of preliminary plats or plans for approval, the developer
shall present a statement of interest, setting forth all public utility
companies to serve the tract and a letter from each company stating
that service will be available to the development. The preliminary
plans shall recite all public utilities that will serve the development.
Any deviation from the statement of interest shall make null and void
any approval granted by the Township.
2.
Prior to the pre-construction meeting proceeding the commencement
of construction, the developer shall furnish the Administrative Officer
a copy of the agreements with the applicable public utility companies
certifying the jurisdiction of the public utility company for the
particular portion of the Township; indicating agreement with the
proposed utility installation design; and stating who will construct
the facility so that service will be available prior to occupancy.
The form of such agreement(s) shall be reviewed and approved by the
Township Attorney prior to the commencement of construction.
3.
The developer shall provide the Township with four copies of a final
as-built plan showing the installed location of the facilities.
b.
Easements along property lines or elsewhere for utility installation
may be required. Such easements shall be at least 20 feet wide and
located in consultation with the companies or Township departments
concerned and, to the fullest extent possible, shall be centered on
or adjacent to lot lines. Such easement dedication shall be expressed
on the plat or plan as follows: "Utility right-of-way easement granted
for the purposes provided for and expressed in the Land Development
Ordinance of Montgomery Township." Utility easements along street
right-of-way lines shall be a minimum of 10 feet in width.
c.
All construction shall be in accordance with the Standard Construction
and Detail Sheets, as promulgated by the Township Engineer and adopted
by the Township in accordance with law.
[Ord. #85-482, S 512; Ord. #88-584, SIVP; Ord. #89-610, S
5; Ord. #01-1050, S 8]
a.
Where a public wastewater treatment plant and collection system is
accessible, or where such facilities are to be constructed as a condition
of approval of any application for development, the developer shall
construct such wastewater treatment facilities and/or sanitary sewer
lines and building connections in accordance with the Montgomery Township
Wastewater Management Plan and New Jersey Department of Environmental
Protection permit requirements and in such a manner as to make adequate
sewage treatment available to each lot and building within the development.
b.
Where, in the written opinion of the Board of Health to the Planning
Board or the Zoning Board of Adjustment, as the case may be, the soil
characteristics of the subject land are of such quality to permit
the use of subsurface sewage disposal systems as a means of sewage
disposal, the same may be approved in the absence of accessibility
to a public wastewater treatment plant or the construction of such
treatment facilities by the developer.
c.
In the event of approval of the use of individual subsurface disposal
systems, the Planning Board or Zoning Board of Adjustment, as the
case may be, additionally may require the installation of sewer lines,
which must include connections to each building, for future use when
public sewage treatment facilities are provided to serve the realty
improvements to be constructed in the development, provided that this
additional requirement shall not apply to developments within the
MR, R-5, or MR/SI Districts.
d.
The end fitting of all dry sanitary sewer building connection lines
shall have a tamper proof plug or cap, temporarily sealed with a material
that can be removed to utilize the fitting when the system is to be
activated. The Plumbing Subcode Official or the Plumbing Inspector
shall affix an adhesive backed disc on the cap or plug bearing a preprinted
message and instructions related to tampering and future use, that
will be sufficient to alert and warn the original and subsequent occupants
of the building. The capping and plugging shall be performed by the
developer at his expense and the message disc shall be provided and
attached by Township representatives.
e.
All sanitary sewer lines shall be air and mandrel tested. Additionally,
all lines shall be televised and a videotape of the lines shall be
provided to the Township Engineer immediately prior to the activation
of the sewer lines or acceptance of the streets, whichever occurs
earlier.
[1]
Editor's Note: The Sanitary Sewer Details is included at the
end of this section.
[Ord. #85-482, S 513; Ord. #85-484, S 1; Ord. #88-584, S
IV QR; Ord. #88-597, S 1; Ord. #89-628, S 6; Ord. #90-668, S 1; Ord.
#91-723, S 1; Ord. #94-817, S 2; Ord. #97-916, S 1; Ord. #04-1170,
S 12; Ord. #09-1317, SS 2, 3; Ord. No. 17-1539 § 2; Ord. No. 17-1557 § 2; Ord. No. 17-1558 § 2]
a.
Purpose and Findings. In an effort to promote the general welfare
and public safety, it is the purpose of this subsection to establish
reasonable regulations for the number, size, location, maintenance
and character of all signs on public and private property that are
visible from the exterior of any land or structure in the Township
of Montgomery. The Township of Montgomery finds that signs are an
important and helpful method of communicating a variety of noncommercial
and commercial messages and promoting economic development, provided
that they do not distract motorists or become a threat to public safety
as a traffic hazard, cause a detriment to property values, create
visual clutter or pollution or otherwise negatively affect the public
safety and welfare.
b.
AWNING
BILLBOARD
CANOPY
EVENT
LOGO
MARQUEE
NAMEPLATE SIGN
SIGN
SIGN, ATTACHED OR WALL
SIGN, BLADE
SIGN, CAMPAIGN
SIGN, COMMERCIAL
SIGN, DIRECTIONAL
SIGN, FREESTANDING
SIGN, ILLUMINATED
SIGN, LIGHT BOX
SIGN, MONUMENT
SIGN, NONCOMMERCIAL
SIGN, NONCONFORMING
SIGN, PORTABLE
SIGN, PYLON
SIGN, REAL ESTATE
SIGN, SANDWICH BOARD
SIGN, SUSPENDED
SIGN, TEMPORARY
SIGN, WARNING
SIGN, WINDOW
Definition.
Shall mean any roof-like cover that projects from a building
wall for the purpose of shielding a window or doorway from the elements
and that is totally supported by the building from which it projects
without support from the ground below.
Shall mean any structure or portion thereof on which lettered
or pictorial matter is displayed for advertising purposes and that
is located on a building or site other than the building or site to
which the advertising relates.
Shall mean any roof-like cover, either freestanding or attached
to a building wall, that is supported totally or partially by the
ground below.
Shall mean, for the purposes of this section as it relates
to temporary commercial signs, any short term, temporary happening
or special occurrence that is not part of the ordinary, daily or usual
operation of a business or use, including, but not limited, to a political
campaign or election, a real estate transaction, a grand opening,
a raffle or fundraiser, a seasonal sale or harvest, or a special sales
promotion or occurrence.
Shall mean any graphic drawing or trademark containing a
pictorial representation and/or limited lettering. Phrases or mottoes
shall not be considered part of the logo.
Shall mean any permanent structure attached to a building
wall, having horizontal or nearly horizontal top and bottom surfaces,
with no vertical group support, that is intended to serve as a covering
over the ground below and may be used for the display of changeable
lettering.
Shall mean a sign bearing the name and/or address of the
principal occupant of a building for emergency, identification and
directional purposes.
Shall mean any object, device, display or structure, or part
thereof, situated outdoors or indoors in view of the general public,
that is used to advertise, identify, display, promote, direct or attract
attention to an object, person, institution, organization, business,
product, service, event or location by any means of visual communication,
including words, letters, logos, figures, design, symbols, fixtures,
colors, illumination or projected images. Displays of the actual products
offered by the on-site business visible through a window or temporary
holiday displays, holiday decorations or holiday lighting located
on a property for no longer than a sixty-day time period shall not
be considered signs for the purpose of this section.
Shall mean any sign permanently affixed parallel to the exterior
face of a building wall or to an awning, canopy or marquee.
Shall mean a small, pedestrian-oriented sign that projects
perpendicular from a structure.
[Ord. No. 17-1557 § 2]
Shall mean any sign that gives notice of a political campaign
or expresses support for or opposition to a candidate or question
in any special or general election, referendum, or other plebiscite
at the Federal, State, County or local level and that is erected for
a limited period of time. For the purposes of this section, campaign
signs are considered noncommercial signs.
Shall mean any sign that proposes a commercial transaction
or advances the economic interests of the speaker.
Shall mean a sign whose message is exclusively limited to
guiding the circulation of motorists or pedestrians on the site.
[Ord. No. 17-1539 § 2; Ord. No. 17-1558 § 2]
Shall mean any sign supported by a footing, foundation, uprights
or braces placed upon or in the ground and not attached to any building.
Shall mean any sign lighted by or exposed to artificial lighting,
either from within the sign or directed towards the sign.
Shall mean a sign with an indirect source of light which
illuminates a sign by shining through a translucent surface of a sign,
including plastic signs, lit from an internal light source.
[Ord. No. 17-1557 § 2]
Shall mean a freestanding sign supported primarily by an
internal structural framework or integrated into landscaping or other
solid structural features other than support poles.
[Ord. No. 17-1539 § 2; Ord. No. 17-1558 § 2]
Shall mean any sign that conveys a message that does not
propose a commercial transaction or advance the economic interests
of the speaker, including but not limited to signs for charitable,
cultural, community, religious or political events or interests of
a noncommercial nature.
Shall mean any sign that existed prior to the effective date
of this subsection and that does not comply with the provisions of
this subsection.
Shall mean any sign that is fixed on a movable stand, self-supporting
without being firmly imbedded in the ground or permanently attached
to a building, awning, canopy or marquee, designed to be transported
and supported by other objects, mounted on wheels or movable vehicles,
or made easily movable in some other manner.
Shall mean a freestanding sign other than a pole sign, permanently
affixed to the ground by supports, but not having the appearance of
a solid base.
[Ord. No. 17-1557 § 2]
Shall mean any sign that advertises the sale, rental or lease
of the premises on which it is located, or portion thereof, including
"open house", "under contract", "sold", or "too late" signs, or signs
otherwise indicating in some manner that a property has been sold.
For the purposes of this subsection, real estate signs are considered
commercial signs.
Shall mean an advertising or business ground sign constructed
in such a manner as to form an "A" or a tent-like shape, hinged or
not hinged at the top; each angular face held at an appropriate distance
by a supporting member.
[Ord. No. 17-1539 § 2; Ord. No. 17-1558 § 2]
Shall mean any sign hanging or suspended from a building
wall, awning, canopy, marquee or roof overhang, whether parallel,
perpendicular or nearly perpendicular thereto, rather than an attached
sign.
Shall mean any freestanding, attached or interior window sign that is listed in Subsection 16-5.13h of this subsection and is erected for a limited period of time.
Shall mean any sign that functions to provide a warning of
a dangerous condition or situation that might not be readily apparent
or that poses a threat of a serious injury (e.g., gas line, high voltage,
condemned building, etc.) or that functions to provide a warning of
a violation of law (e.g., no trespassing, no hunting allowed, no solicitation,
etc.)
Shall mean any representation painted, stenciled, or affixed
to a window or the glass of a door that can be seen from the outside
of the building.
c.
Required Sign or Construction Permit.
1.
Unless otherwise specifically noted in this section, any sign in
the Township of Montgomery shall require a sign permit from the Township
Zoning Officer prior to the erection, re-erection, construction, placement
or location of any sign in the Township of Montgomery. Where a construction
permit is required by State law, the Township Zoning Officer shall
first review the sign application and plans for conformance with the
subsection provisions prior to referring the application to the Township
Construction Official for the issuance of a construction permit.
(a)
The Township Zoning Officer shall issue a sign permit for any
sign that has been approved by the Planning Board or Zoning Board
of Adjustment, as the case may be, as part of an approved development
application.
2.
All plans shall be submitted with the appropriate application form
and fee and shall include the following details:
(a)
A scaled drawing of the proposed sign, indicating the dimensions,
the type and materials to be used in its construction, the wording
and any artwork, including letter height, typeface and color;
(b)
Any proposed lighting, indicating the power and type of light
and a detail of the light fixture;
(c)
The mechanism and materials to be used for supporting, erecting,
anchoring or attaching the proposed sign;
(d)
For attached or suspended signs, the plans shall include a scaled
drawing of the entire facade elevation of the building or structure
to which the sign is to be attached, with the proposed location and
mounting height of the sign clearly indicated;
(e)
For freestanding signs, the plans shall include a scaled drawing
of the property, with the proposed location, setbacks and mounting
height of the sign plotted thereon, as well as the location and type
of any proposed landscaping; and
(f)
Any other information required by other local, State or Federal
law.
2.1.
Upon review of the submitted plans, the Township
Zoning Officer shall promptly issue the sign permit for the sign,
but in no event, no later than 10 days after the filing of the sign
application, provided it meets all applicable requirements of the
subsection and all required fees have been paid. When a construction
permit is required for a sign by State law, the Township Construction
Official shall issue a construction permit once the Township Zoning
Officer has issued the sign permit for the sign, provided it meets
any other applicable codes and all required fees for a construction
permit have been paid.
3.
For temporary signs, only one application for a temporary sign permit
may be submitted at any one time to the Township Zoning Officer by
a property owner, or in the case of a multi-tenant building, by a
tenant. Another application for a temporary sign permit may not be
submitted by the same property owner or tenant while said property
owner or tenant has an active temporary sign permit on file with the
Township or they have a temporary sign still erected.
4.
Where a sign permit is required for a temporary sign, the sign must
be erected or installed within 45 days of the date of issuance of
said permit, or the sign permit shall expire. Upon expiration of said
permit, the applicant shall be required to submit a new application
form and fee, and the application shall proceed as a new application.
d.
General Sign Provisions Applicable to All Signs in All Zoning Districts.
No sign shall be erected, displayed, altered or replaced that is not
in accordance with the standards established in the subsection. No
sign shall be placed on or attached to a building or erected on a
lot for any purpose unless specifically permitted herein.
1.
Attached Signs. Attached signs shall be firmly attached to the exterior
wall of a building, shall project not more than six inches from the
building and shall be positioned in the architectural sign band on
the building facade, if provided. No attached sign shall be located
on a roof, dormer or second story wall area or window, except that
attached signs may be permitted on the second or higher story wall
of a building in the SB, HC, REO, LM and PPE Districts, provided that
only one use occupies all floors of that portion of the building.
2.
Freestanding Signs. Freestanding signs shall be supported by one
or more columns or uprights that are firmly imbedded in the ground;
exposed guy wires, chains or other connections shall not be a permitted
support of a freestanding sign. Unless otherwise noted in the subsection,
the area and yard requirements for accessory structures shall not
apply to permitted signs; freestanding signs may be erected in the
required front yard areas.
3.
Suspended Signs. Suspended signs shall be securely suspended perpendicular
to the building from a roof over a common walkway in a multiple use
building or from a support attached to the wall face of a building.
Suspended signs shall be no closer than eight feet to the finished
grade below.
4.
Sign Height. No freestanding sign shall be higher than eight feet
and no attached sign shall be higher than 20 feet, measured to the
top of the sign from the grade beneath the sign, except that no sign
shall exceed any lesser height specifically set forth elsewhere in
the subsection. The sign shall not be located on a mound or berm unless
specifically approved by the Planning or Zoning Board.
5.
Sign Location. No portion of any sign shall be located on, within
or suspended over a public right-of-way or any Township-owned property,
unless specifically approved by the Township Committee. No sign of
any type shall be permitted in a sight triangle easement or permitted
to obstruct driving vision, traffic signals, street signs, traffic
directional and identification signs, other places of business, other
signs or windows of the building on which they are located, or sight
visibility at a driveway intersection with a street.
6.
Illuminated Signs. Internally illuminated signs or exterior lights
that illuminate signs shall be arranged in a manner to prevent any
light or glare from shining or reflecting upon any street, sidewalk,
or adjacent property and from creating any sky glow.
(a)
If a sign is to be internally illuminated, at least 75% of the
background around the letters and any logo on the sign shall be opaque
and shall not be illuminated. Dark, opaque backgrounds with light
colored lettering or symbols that are backlit are preferred to minimize
detrimental effects.
(b)
If a sign is to be externally illuminated, then the lighting
shall be provided either from below the sign by ground mounted lights
or from above the sign by lights attached to the top of the sign.
The lights shall be focused directly and completely onto the sign
face, with appropriate and necessary shielding on the top, sides,
and if necessary, bottom of the fixture to prevent any sight of the
light source from any street, sidewalk or neighboring property.
(1)
Exterior lighting to be provided by ground mounted lights shall
be permitted by incandescent spotlights only where the sign has no
visible clearance under the sign or where there is sufficient landscaping
planted under the sign to block light under the sign.
(2)
The lights shall be mounted in or on the ground so that they
are securely fixed, both in their location and their angle of illumination,
in order to focus the light onto the face of the sign and away from
the street. V-shaped signs allow the lights to be focused away from
the street.
(3)
No exterior light shall exceed 100 watts. The use of mercury
vapor lighting is prohibited.
(c)
Light emission from any sign lighting shall not exceed one foot
candle at a distance of two feet from the sign surface.
(d)
Unless otherwise permitted by the Planning Board or Zoning Board
of Adjustment, as the case may be, illuminated signs or the exterior
lights that illuminate signs shall be turned off by the close of business
of the use(s) advertised or identified on the sign or by 11:00 p.m.,
whichever is later.
7.
Nonconforming Signs. Nonconforming signs may be continued in use,
but may not be enlarged, relocated, altered, rebuilt, extended or
made less conforming. An attached nonconforming sign may be temporarily
removed from the exterior face of a building wall to allow for the
maintenance, cleaning, painting or repair of the exterior building
wall, provided that the sign is reattached in the same location within
60 days of its removal. If the sign is not reattached in the same
location or within the sixty-day time period, the sign shall be required
to conform to the provisions of this section.
8.
Sign Area. The area of a sign shall be measured around the edges
of a framed or enclosed sign or, where the sign has no frame or enclosure,
by the area utilized by isolated words and/or symbols, including the
background whether open or enclosed, as framed by a tight rectangle
around all of the letters and graphics; in either case, the area of
the sign shall not include any supporting framework and bracing incidental
to the display itself.
9.
Signs With Two Exposures. Flat signs, or v-shaped signs with less
than 30° angle, shall be measured for area by using the surface
of one side of the sign only. Both sides of the sign may be used.
10.
Window Signs. Interior window signs that are painted, stenciled or
otherwise permanently or semi-permanently affixed to or directly behind
a window or the glass of a door and that are visible from the outside
of the building shall be considered in the computation of sign area,
unless such window signs do not exceed two square feet in aggregate
area or are temporary window signs in accordance with Subsection 16-5.13h6
of this section.
11.
Wording, Numbering and Logos on Signs. The wording, numbering and
logos of all signs shall be clearly written and legible in order to
identify uses and proprietorship in emergency situations. No more
than 25% of the sign area of any permitted sign shall include a logo,
symbol, design, and/or picture; the remainder of the sign area shall
contain words, numbers and/or background area only.
12.
Street Addresses on Signs. All freestanding signs shall reflect the
street number of the address for the property upon which it is located,
except for shopping centers and other complexes or where the address
is clearly displayed elsewhere on the property and is readable from
the public road upon which it fronts.
e.
Signs Prohibited in All Zoning Districts. The following signs shall
be prohibited in all zoning districts:
1.
Animated, moving, fluttering and illusionary signs or rotating signs
or signs using mechanical or electrical devices to revolve, flash
or display movement, intermittent illumination or the illusion of
movement.
2.
Signs that have any lighting or control mechanisms that cause radio,
television or phone interference.
3.
Signs with red, green, blue or amber illumination in a beam, beacon
or flashing form resembling an emergency light, safety or warning
device or traffic signal.
4.
Billboard signs.
5.
Signs painted on a building wall, sidewalk or curb.
6.
Signs located on or above the roof of a building or extending above
the top or beyond the ends of an awning, canopy, marquee, or mansard
roof.
7.
Attached or suspended signs that are affixed to any tree, fence,
or any electrical, telephone or other public utility pole.
8.
Portable signs, except as expressly permitted in this section.
9.
Signs that advertise a product that is not the principal use of the
subject property.
f.
Signs Permitted in All Zoning Districts. The following signs shall
be permitted in any zoning district as a matter of law or for the
purpose of providing information necessary to the public and to emergency
personnel. These signs are permitted without the need to obtain a
sign or construction permit and shall not be considered when calculating
the total sign area otherwise permitted on the subject property:
1.
Flag of a Political or Governmental Jurisdiction. The flag of a political
or governmental jurisdiction shall be permitted, provided it is displayed
in accordance with established laws and customs.
2.
Traffic Signs. Permanent traffic signs, railroad crossing signs,
danger signs and temporary emergency or safety signs required for
governmental or public utility employees to complete their official
work shall be permitted.
3.
Historic Plaques. Unlighted historic building plaques for buildings
that have been designated as historic shall be permitted, provided
the subject signage conforms to all applicable historic preservation
ordinances.
4.
Street Signs. Street signs shall be permitted, subject to the following
requirements:
(a)
At the expense of the developer, if applicable, at least two
street signs shall be placed at each four-way street intersection
and at least one street sign shall be placed at each "T" intersection.
Street signs shall be installed as approved by the Township Engineer
and the Director/Chief of Police.
(b)
All street signs shall be installed free of visual obstruction,
shall be placed so as not to obstruct sight distances and shall be
located under light standards, if present, so that the street name
is clearly visible.
(c)
Unless otherwise specifically approved as part of a submitted
subdivision or site plan application for development, the design of
street signs shall be of the type and style found throughout the Township
of Montgomery; shall be of the same uniform size and color; and shall
read horizontally and not vertically. The lettering and background
for the signs shall be of sufficiently contrasting colors to facilitate
easy readability.
(d)
If street signs are designed differently than those installed
elsewhere in the Township of Montgomery and are approved, upon request
of the applicant, by the Planning Board or the Zoning Board of Adjustment,
as the case may be, as part of a site plan or subdivision application,
the applicant must make provision for the maintenance and/or replacement
of said signs by an entity other than the Township of Montgomery.
5.
Information, Direction and Warning Signs. For the purpose of providing
necessary traffic circulation directions and public safety information,
customary and typical street number designations, postal boxes, "private
property" signs, on-site directional signs, parking signs, warning
signs and other similar signs shall be permitted, provided they do
not exceed two square feet in area and do not display any type of
advertising.
6.
Nameplate Signs. For the purposes of providing identification information
to the public, one nameplate sign per lot, bearing the name and/or
address of the principal occupant only and not exceeding six inches
in height and 18 inches in length, shall be permitted on a property.
g.
Signs Permitted in Individual Zoning Districts. For permitted signs and applicable requirements in each individual zoning district, see the zoning provisions in the specific subsection under each zoning district in Section 16-4, for Conditional Uses in Subsection 16-6.1, for Optional Development Alternatives in Subsection 16-6.5, for Home Occupations in Subsection 16-6.7h3, and for Continuing Care Retirement Communities in Subsection 16-6.9n of the section.
h.
Permitted Temporary Signs.
1.
Temporary External Signs. One temporary noncommercial or commercial
sign, either freestanding or attached, is permitted to be erected
on a lot at any one time and in accordance with the following:
(a)
All temporary signs shall be nonilluminated and shall be legibly
and neatly painted and, if they are freestanding, they shall be firmly
imbedded in the ground and securely anchored for aesthetic and safety
purposes. Temporary signs shall be constructed of wood, metal or heavy
plastic if they are to be erected for more than three days, except
that campaign signs may be constructed of other rain resistant material.
(b)
All temporary signs shall be removed within 30 days from the
date of their installation, except that, in the case of temporary
commercial signs only, all such signs shall be removed within five
days after the close or end of the advertised event or within 30 days
from the date of their installation, whichever date is earlier, and
except as follows:
(1)
Seasonal agricultural signs noticing the sale of a seasonal
agricultural product from a permitted farm, roadside farmstand or
farm market may be erected during the harvest season of the particular
produce being sold from the farm, roadside farmstand or farm market
but shall be removed within five days after the conclusion of the
crops' harvest season.
(2)
Temporary real estate signs may be displayed for longer than
30 days since the duration of the need for a real estate sign may
vary from other types of temporary commercial signs, provided that
all real estate signs shall be removed at the expense of the advertiser
within five days after the closing of title on the property, the termination
or completion of the matter of business being advertised, the execution
of a lease, or, in the case of residential subdivisions, when 95%
of the lots have been initially sold.
(3)
Except for campaign signs, any temporary sign not constructed of wood, metal or heavy plastic shall be removed after three days as set forth in Subsection 16-5.13h1(c) above.
(4)
Campaign signs are not subject to the thirty-day limitation
set forth above but shall be removed no later than five days after
the election.
(c)
Any person posting such a sign shall receive the consent of
the owner of the property upon which the sign is to be located and
shall be responsible for compliance with these provisions as well
as the removal of the sign and any damage to person or property caused
by its placement or movement. For multitenant facilities, signs may
be located away from the use, with the consent of the landlord or
owners' association, provided all of the provisions of this subsection
are met.
(d)
For multi-tenant buildings, tenants may share space on any temporary
sign, provided that the duration of their events run concurrently,
the information conveyed on the sign is legible, and all other provisions
of this section are met.
(e)
Temporary Signs in Residential Zoning Districts.
(1)
Only one temporary sign, either freestanding or attached, not
exceeding six square feet in area and three feet in mounting height
may be erected on a property, except that prior to any municipal,
County, State, national, special or general election, referendum or
plebiscite, one temporary campaign sign for each candidate, party
and issue, either freestanding or attached, may be erected on any
lot.
(2)
All temporary signs shall be out of any street rights-of-way
and easements, shall not impede pedestrian traffic or interfere with
sight triangles, shall be set back at least 10 feet from all side
property lines and shall comply with all other applicable provisions
of this section.
(3)
No sign permit is required.
(f)
Temporary Signs in Nonresidential Zoning Districts.
(1)
One temporary noncommercial or commercial sign, either freestanding
or attached, not exceeding 20 square feet in aggregate area and five
feet in mounting height may be erected on a property, except that
prior to any municipal, County, State, national, special or general
election, referendum or plebiscite, one temporary campaign sign for
each candidate, party and issue, either freestanding or attached and
not exceeding six square feet and three feet in height, may be erected
on any lot.
(2)
All temporary signs shall be out of any street rights-of-way
and easements, shall not impede pedestrian traffic or interfere with
sight triangles, shall be set back at least 10 feet from all driveways,
street right-of-way and other property lines and shall comply with
all other applicable provisions of this section.
(3)
The use of a plastic or cloth flag, string of pennants, a banner,
or balloons, not exceeding the total dimensions set forth above, shall
also be permitted as the temporary commercial sign, provided that
they are hung only on a finished facade of the building actually occupied
by the business or use presenting the advertised commercial activity
or use and in such a manner that the lowest portion of the display
is at least 15 feet above ground level but no higher than 20 feet.
(4)
All temporary signs require a sign permit and $10 fee, except
for signs six square feet or less in size. Nonprofit organizations
are exempt from paying the sign permit fee.
2.
Temporary Interior Window Signs in Nonresidential Zoning Districts.
Temporary, readily changeable interior window signs are permitted
in all nonresidential zoning districts, provided that the sign(s)
shall not exceed 50% of the total window area of the window in which
it is located and shall be displayed for a period not to exceed 30
days. Temporary window signs shall not be considered in computing
the allowable sign area otherwise permitted or in the number of temporary
signs on a lot and shall not require a sign or construction permit.
3.
Temporary Construction Signs. For the purpose of conveying emergency
contact information and identification of property, construction signs
may be temporarily erected upon a property being developed in any
zoning district in accordance with the following requirements:
(a)
At the start-up of construction, one nonilluminated, freestanding
sign not exceeding 20 square feet in area and five feet in height,
which advertises the prime contractor/builder, subcontractor(s), architect,
financing institution, address, block and lot number and/or similar
information necessary for emergency purposes or for identifying the
location of the construction site, may be erected during the period
of construction of an approved site plan or major subdivision on property
for which subdivision or site plan approval has been granted, beginning
with the issuance of a construction permit and concluding with the
issuance of the first Certificate of Occupancy or one-year whichever
is less.
(b)
The subject sign must be located on the site where the construction is taking place and in proximity to the entrance to the site, and shall be located out of any existing or proposed street or easement and set back at least 15 feet from all street right-of-way and other property lines. (See Subsection 16-6.8e for other requirements relating to temporary construction trailers and signs).
(c)
Said sign shall be removed if construction activity ceases for
a period of six consecutive months.
(d)
Signs advertising the sale, rental or lease of properties or structures shall conform to the provisions for temporary real estate signs set forth in Subsection 16-5.13h1 of this section.
(e)
All such signs require a sign permit and fee for the sign permit.
i.
Maintenance of Signs. All signs, together with all their supports,
braces, hooks, anchors, and other fastening devices, shall be of substantial
and sturdy construction with durable materials, shall be kept in good
repair, and shall be painted or cleaned as often as necessary to maintain
a clean, neat, safe and orderly appearance. Additionally, the area
surrounding the sign and the mounting area on the ground level beneath
permitted freestanding signs shall be maintained in a clear, neat,
safe, and orderly condition and shall not be allowed to become dilapidated
or unsightly.
1.
Any sign that is or is becoming dangerous or unsafe in any manner
whatsoever shall be repaired and made safe in conformity with this
subsection, or such sign shall be removed by the owner, lessor, agent
or occupant of the building, property or land upon which such dangerous
or unsafe sign is located.
2.
Should written notice be given by the Township Zoning Officer, or
Construction Official if the sign is under his/her jurisdiction, to
an owner, lessor, agent or occupant of a building that a sign is or
is becoming dangerous or unsafe, said notice shall require appropriate
remedial action to be taken within 10 days from the date of service
of the notice, or within a lesser time as shall be specified in the
notice in cases where the danger to the public health, safety and
general welfare is more imminent. The Township Zoning Officer or Construction
Official may cause any sign or advertising structure which is an immediate
peril to persons or property to be removed summarily and without notice.
3.
Failure to keep a sign in good repair for a period of 30 consecutive
calendar days shall constitute abandonment, and such sign may not
then be replaced or reused, but must be removed or be made conforming.
j.
Illegal Signs and Penalties.
1.
Any permanent sign erected or applied in violation of this subsection
shall be removed by the owner, lessor, agent or occupant of a building
within five business days after receipt of written notification by
the Township Zoning Officer or Construction Official, and any temporary
sign erected or applied in violation of this subsection shall be removed
by the owner, lessor, agent or occupant of a building within two business
days after receipt of either verbal or written notification by the
Township Zoning Officer.
2.
If the owner, lessor, agent or occupant of a building fails to remove
the sign or remedy the violation within the stated time period, such
sign may be removed or altered by the Township Zoning Officer or Construction
Official to comply with the provisions of this subsection at the expense
of the owner of the property upon which the sign is located. The Township
Zoning Officer or Construction Official shall notify, in writing,
the owner, lessor, agent or occupant of the building of the date of
the sign removal and the procedure for retrieving the sign.
3.
Signs removed by the Township Zoning Officer or Construction Official
shall be held by the municipality for 10 days to allow the owner of
said sign to retrieve the sign and pay any costs associated with its
removal prior to the disposal of the sign. The Township Zoning Officer
or Construction Official shall refuse to issue a permit to any permittee
or owner who refuses to pay costs as assessed.
4.
The Township Zoning Officer may remove without prior written notification
any sign which is placed illegally within any street right-of-way
or sight triangle easement in such a manner as to impair public safety,
provided that written notice of the removal is provided to the owner,
lessor, agent or occupant of a building on the day of removal.
5.
Noncompliance with any of the provisions or requirements of this subsection shall constitute a violation thereof, and any person who so violates this subsection may, upon conviction thereof, be subject to a fine in accordance with Subsection 16-10.6a of this chapter. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. #85-482, S 514; Ord. #88-584, S IV S-U; Ord. #89-628,
SS 7-9; Ord. #90-652, S 6; Ord. #91-709, S 1; Ord. #92-760, S 2; Ord.
#01-1050, S 8; Ord. #03-1104, S 1; Ord. #07-1258, S 2; amended 4-18-2024 by Ord. No. 24-1723]
a.
Streets.
1.
All developments shall be served by paved streets in accordance with
the approved subdivision and/or site plan. The arrangement of such
streets not shown on the Master Plan or Official Map, as adopted by
the Township, shall be such as to provide for the appropriate extension
of such streets and conform with the topography as far as practicable.
Local streets shall be planned so as to discourage through traffic.
2.
When a new development adjoins land susceptible of being subdivided
or developed, suitable provisions shall be made for access to adjoining
lands.
3.
Grade, Slope and center line Radius.
(a)
Longitudinal grades on all streets shall not exceed 8% and shall
be no less than 1%. Maximum grades within intersections shall be 3%
for a distance of 150 feet from the intersection.
(b)
All changes in grade where the algebraic difference in grade
is 1% or greater shall be connected by a vertical curve having a length
of at least 50 feet for each 2% difference in grade, or portion thereof,
and providing minimum sight distances of 350 feet for local streets,
500 feet for any collector street and 800 feet for an arterial street.
(c)
A road shall have a minimum cross-slope of 2% and a maximum
cross-slope of 4% unless the road is super-elevated in which case
the road shall be designed in accordance with the ITE Manual.
(d)
Except for streets within those portions of planned developments
to be developed with multiple-family housing, the minimum center line
radius on horizontal curves shall be 180 feet for local and minor
collector streets, 500 feet for collector and major collector streets,
and 1,000 feet for arterial streets. However, in the case of local
and minor collector streets where, because of the shape of the tract
being subdivided or because of topgraphical conditions, it is not
feasible to adhere to the minimum radius of 180 feet, the minimum
pavement must be widened as the radius decreases in order to accommodate
the widened path of a turning vehicle:
|
Radius
|
Added Pavement Width
(Symmetrically)
|
|---|---|
|
180+'
|
0'
|
|
150-179'
|
2'
|
|
125-149'
|
3'
|
|
100-124'
|
4'
|
|
80-100'
|
5'
|
|
For streets within those portions of planned developments to
be developed with multiple family housing, the minimum center line
radius on horizontal curves may be reduced to 80 feet, provided that
no parking is permitted on either side of the street and provided
further that the Township Engineer, after consultation with the Fire
Prevention Bureau, is satisfied that adequate maneuvering of emergency
vehicles can be accommodated.
|
4.
In the event that a development adjoins or excludes existing streets
that do not conform to widths as shown on the adopted Master Plan
or Official Map or the street width requirements of this chapter,
additional land along either or both sides of the street, sufficient
to conform to the right-of-way requirements, shall be dedicated for
the location, installation, repair and maintenance of streets, drainage
facilities, utilities and other facilities customarily located on
street rights-of-way. The necessary deeds of ownership shall be furnished
and the dedication shall be expressed as follows: "Street right-of-way
granted for the purposes provided for and expressed in the Land Development
Ordinance of Montgomery Township." If the development is along one
side only, 1/2 of the required extra width shall be dedicated and
shall be improved, including excavation, base course and surfacing,
in accordance with the approved application.
5.
In all developments, the minimum public street right-of-way shall
be measured from lot line to lot line and shall be in accordance with
the following schedule, but in no case shall a new street that is
a continuation of an existing street be continued at a width less
than the existing street although a greater width may be required
in accordance with the following schedule and the Cross-Section Of
Roads included in the Traffic Circulation Plan Element portion of
the Township Master Plan:
|
Roadway Category
|
R-O-W Width (1)
|
Traffic No.
|
Lanes Width
|
Shoulder Width Within Cartway
|
Width Outside Cartway On Each Side(3)
|
Width of Cartway(1)
| |
|---|---|---|---|---|---|---|---|
|
Route 206
|
66'
|
To remain as currently improved except as required at intersections
| |||||
|
Service Road
|
70'
|
2
|
@
|
12'
|
6'(2)
|
7' — 15'(4)
|
48'(5)(6)
|
|
Residential Boulevard
|
66'
|
2
|
@
|
15'
|
—
|
10'
|
46'(6)(7)
|
|
Major Collector
|
60'
|
2
|
@
|
12'
|
8'(2)
|
10'
|
40'(6)
|
|
Minor Collector
|
54'
|
2
|
@
|
12'
|
5'(8)
|
10'
|
34'(6)
|
|
Scenic Collector
|
50'
|
2
|
@
|
12'
|
3'(2)
|
10'
|
30'(6)(9)
|
|
Rural Collector
|
50'
|
2
|
@
|
10'
|
5'(8)
|
10'
|
30'(6)
|
|
Suburban Local(10)
|
50'(11)
|
2
|
@
|
15'
|
—
|
10'
|
30'(12)
|
|
Rural Local(13)
|
50'
|
2
|
@
|
12'
|
3'(8)
|
10'
|
30'(6)
|
|
Alley(14)
|
20'(15)
|
2
|
@
|
10'
|
—
|
—
|
20'(16)
|
|
FOOTNOTES:
| |
|---|---|
|
(1)
|
Right-of-way width and/or width of cartway may be required to
be more within and approaching intersections.
|
|
(2)
|
Shoulder area shall be paved.
|
|
(3)
|
Shall be grass stabilized topsoil, minimum 4 inches thick, unless
otherwise specifically approved by the Township Planning Board or
Zoning Board of Adjustment, as the case may be.
|
|
(4)
|
15-foot area includes 6 foot pathway.
|
|
(5)
|
Includes 12-foot grassed and treed median strip for left-hand
turn slots.
|
|
(6)
|
No on-street parking permitted.
|
|
(7)
|
Includes 4-foot shrubbed median strip and 2 6-foot pathways.
|
|
(8)
|
Shoulder areas shall not be paved except as may be required
by the Planning Board or Zoning Board of Adjustment, as the case may
be, for proper surface water drainage, intersection traffic movements,
and road geometry through curves. When not required to be paved, the
shoulder area, or portion(s) thereof, shall be approved by the Township
Planning Board or Zoning Board of Adjustment, as the case may be,
to remain in its natural vegetative state, be cleared for sight distance
safety purposes, be improved for drainage purposes, and/or be cleared,
graded and appropriately stabilized with an all-weather surface for
traffic movements and the parking of disabilized vehicles.
|
|
(9)
|
Existing center line of roadway to be maintained; should individual
circumstances make it necessary to shift the center line, then the
extent and location of the shift should be undertaken so as to encroach
upon patriarch trees and other significant vegetation.
|
|
(10)
|
Streets within a Planned Residential Development or within a
Montgomery Village Planned Development not otherwise specified on
the Traffic Circulation Plan Element of the Township Master Plan shall
ordinarily be considered Suburban Local streets, except for the major
streets within the development expected to carry relatively significant
volumes of traffic; such major streets shall meet the standards herein
for Residential Boulevard, Major Collector or Minor Collector streets
as appropriate and approved by the Board.
|
|
(11)
|
Except that for Suburban Local streets within a Planned Residential
Development or within a Montgomery Village Planned Development (i.e.,
streets which are not indicated on the Traffic Circulation Plan Element
of the Township Master Plan and/or which do not provide for through
traffic movement through the planned development), the right-of-way
shall be considered coterminous with the required cartway, provided
an easement of 10 feet in width is provided either on both sides of
the cartway or in other appropriate locations as may be specifically
approved by the Planning Board for the placement of curbs, sidewalks,
utilities, drainage and landscaping.
|
|
(12)
|
Except in specific instances within a non-clustered subdivision
of single-family detached dwelling lots or within a Residential Cluster
or within a Planned Residential Development or within the APT/TH District
where a pavement width of 28 feet to 30 feet may be appropriate and
may be approved by the Planning Board based upon adequate information
that the eventual street network in the area will not necessitate
a wider cartway. Within a Montgomery Village Planned Development for
streets which have no nonresidential use fronting thereon, it may
be appropriate to further reduce the pavement width to 26 feet for
two-way traffic and to 21 feet for one-way traffic.
|
|
On-street parking shall be permitted as follows:
| |
|
Within any development where the pavement width
is 30 feet, parking is permitted on both sides of the street, except
that any Suburban Local street within a Montgomery Village Planned
Development which has any non-residential use fronting thereon shall
have a pavement width of at least 36 feet in order for parking to
be permitted on both sides of the street.
| |
|
Within a Montgomery Village Planned Development,
where the pavement width is 28 feet for two-way traffic flow, parking
is permitted only on 1 side. Where the pavement width is between 26
feet and 28 feet for two-way traffic flow, no parking is permitted
on the street. Where the pavement width is between 23 feet and 26
feet for one-way traffic flow, parking is permitted only on 1 side.
Where the pavement width is between 21 feet and 23 feet for one-way
traffic flow, no parking is permitted on the street.
| |
|
Within the R-1 and R-2 Districts, where the pavement
width has been reduced to less than 30 feet in non-clustered developments
of detached single-family dwellings, no on-street parking shall be
permitted and the minimum front yard setback shall be 75 feet in all
cases.
| |
|
Within a Residential Cluster, where the pavement
width has been reduced to less than 30 feet, no on-street parking
shall be permitted and designated off-street guest parking spaces
shall be provided at the ratio of 1/2 space per residential lot.
| |
|
Within a Planned Development or within the APT/TH
District, where the pavement width has been reduced to less than 30
feet, no on-street parking shall be permitted.
| |
|
Mountable Belgian block curbing may be required
on 1 or both sides of the street as determined appropriate by the
Planning Board after consultation with the Fire Prevention Bureau,
considering both the necessity of emergency vehicular access and the
practical ability to provide a transition between vertical and mountable
curbing.
| |
|
(13)
|
Applies only to street approved as part of a Rural Residential Development in accordance with Subsection 16-5.17 of this chapter.
|
|
(14)
|
Permitted only within a Montgomery Village Planned Development.
No parking is permitted on an alley. Alleys must be straight, through
streets having a maximum length of 250 feet and must intersect with
a local street on each end.
|
|
(15)
|
For alleys the rights-of-way shall be considered coterminus
with the required cartway (width between gutters).
|
|
(16)
|
Where traffic is restricted to one-way, the width between gutters
may be reduced to 17 feet.
|
6.
Street intersections shall be as nearly at right angles as possible
and in no case shall be less than 80°. Approaches to all intersections
involving collector or arterial roads shall follow a straight line,
or a curve with a radius of not less than 700 feet, for at least 100
feet. No more than two streets shall meet or intersect at any one
point and the center lines of both intersecting streets shall pass
through a common point.
Any development abutting an existing street classified as an
arterial or collector shall be permitted only one new street connecting
with the same side of the existing street, except where the frontage
is sufficient, more than one street may intersect the arterial or
collector street provided the streets shall not intersect with the
same side of the existing street at intervals of less than 800 feet.
The block corners of intersections shall be rounded at the curbline
with the street having the highest radius requirement as outlined
below determining the minimum standards for all curblines:
Arterials — 40 feet;
Collectors — 35 feet; and
Local Streets — 25 feet.
7.
A tangent of at least 100 feet long shall be introduced between reverse
curves on arterial or collector streets. When connecting street lines
deflect from each other at any one point, they shall be connected
by a curve with a radius conforming to standard engineering practice
as contained in the Transportation and Traffic Engineering Handbook,
ITE, latest edition.
8.
Culs-de-sac shall be no more than 1,250 feet in length but, in any
case, shall provide access to no more than 25 dwelling units where
such access is to single-family detached dwellings only, or to no
more than 80 dwelling units where access is to other than single family
detached dwellings. A turn-around shall be provided at the end of
the cul-de-sac with a radius of 50 feet on the curbline plus a utility
and planting strip of 10 feet around the entire cul-de-sac. The center
point for the radius shall be the center line of the associated street
or, if offset, offset to a point where the radius becomes tangent
to the right curbline of the associated street (See diagram following
Zoning Map).
9.
No street shall have a name which will duplicate or so nearly duplicate
the name of an existing street name that confusion results. The continuation
of an existing street name shall have the same name. Curvilinear streets
shall change their name only at street intersections. The Board reserves
the right to approve or name streets within a proposed development.
10.
The pavement width of streets and the quality of subsurfacing and
base materials shall adhere to the minimum standards set forth by
the County or State Engineers when said paving concerns roads under
their jurisdiction and where such standards exist. Concerning streets
under the jurisdiction of the Township, the following standards shall
apply:
(a)
All construction shall be in accordance with the Standard Construction
and Detail Sheets, as promulgated by the Township Engineer and adopted
by the Township in accordance with law and the New Jersey State Highway
Standards and Specifications for Road and Bridge Construction (1983)
and any amendments thereto.
(b)
On all public and private streets, the subbase course shall
be a minimum of four inches compacted thickness of quarry process
stone, type 5, Class A applied over the compacted subgrade.
(c)
On all local Township roads, the base course shall be four inches
of Bituminous Concrete mixtures (Mix No. 1-2), constructed in two
layers each of not less than two inches of compacted thickness.
(d)
On all collector Township roads, the base course shall be five
inches of Bituminous Concrete Mixtures (Mix No. 1-2), constructed
in two layers each of not less than 2 1/2 inches of compacted
thickness.
(e)
On all arterial Township roads, the base course shall be six
inches of Bituminous Concrete Mixtures (Mix No. 1-2), constructed
in two layers each of not less than three inches of compacted thickness.
(f)
The surface course for all Township roads shall consist of two
inches of Bituminous Concrete Mixtures (Mix No. 1-5), applied according
to State Highway specifications.
(g)
Where subgrade conditions are yielding or otherwise unsatisfactory
in the opinion of the Township Engineer, all unsuitable material shall
be removed, and suitable material shall be applied to the satisfaction
of the Township Engineer.
11.
No privately owned above ground or below ground improvement, including
but not limited to landscaping and lawn sprinkler systems, may be
installed within the street right-of-way, except mailboxes in accordance
with Post Office regulations, without the expressed written approval
of the Montgomery Township Engineer.
b.
Curbs. Curbing, either Belgian block, granite or concrete, shall
be installed at all street intersections; where storm water velocities
exceed the erosion velocities specified in the New Jersey Soil Erosion
and Sedimentation Control standards; for traffic channelization and
control; for public safety reasons; and/or bordering streets or other
areas where on-street parking is permitted and/or is likely to occur.
Curbing on all Township roads shall be Belgian block and mountable
curbing is preferred. All curbing shall be laid in the manner approved
by the Township or other appropriate governmental authority. All curb
construction shall be in accordance with the Standard Construction
and Detail Sheets, as promulgated by the Township Engineer and adopted
by the Township in accordance with law. Depressed curb ramps for the
handicapped shall be installed at all radii in accordance with the
laws of the State of New Jersey.
c.
Sidewalks and Pedestrian-Bikeway Corridors.
1.
Sidewalks (and related aprons) and pedestrian-bikeway corridors shall
be required by the reviewing municipal agency, and shall be constructed
by the developer, in accordance with the following criteria:
(a)
Existing sidewalks shall be extended throughout all areas of
the Township when the roads upon which they are located are extended;
(b)
Sidewalks within all residential developments shall be provided
on site in accordance with N.J.A.C. 5:21-4.5 of the New Jersey Residential
Site Improvement Standards.
(c)
Sidewalks within all nonresidential development shall be provided
on-site for safe pedestrian movement between parking areas and entrances
to the principal building(s) and between the principal building(s)
and any existing, required or proposed sidewalk along a street;
(d)
Except for all local, rural collector and scenic collector roads
in the MR District, sidewalks shall be provided along all existing
streets upon which all residential and nonresidential developments
abut, unless specifically waived in certain locations by the reviewing
municipal agency based upon good cause shown by the applicant, such
as, but not limited to, the existence or proposal of alternate linkages
for pedestrian movement and/or where other improvements are proposed
to better facilitate the movement of people between the development
and adjacent lands;
(e)
Sidewalk linkages shall be provided throughout all areas of the Township between existing, approved and/or proposed sidewalks and between sidewalks within a development and existing and/or proposed pedestrian-bikeway corridors, whether on-tract or off-tract, and where necessary, the reviewing municipal agency shall require an off-tract improvement in accordance with Subsection 16-9.3 to provide for such sidewalk linkages;
(f)
Where sidewalks are not to be provided, the reviewing municipal
agency may require the installation of a paved area at both corners
of the intersection for pedestrian waiting off-street, particularly
for a school bus; and
(g)
Pedestrian-bikeway corridors shall be provided throughout the
Township in accordance with the adopted Pedestrian-Bikeway Corridor
Plan.
2.
Sidewalks may be located in the traditional manner between the proposed
edge of pavement and right-of-way line of the street or, in the alternative,
the reviewing municipal agency may require that the sidewalks be set
back further from the proposed edge of pavement and be constructed
in a meandering pattern. In such instances, the sidewalks ordinarily
will be located both within the street right-of-way and an additional
five feet of the ten-foot strip of land adjacent the street right-of-way
otherwise provided for the location of underground utilities and known
as the "utility easement." Sidewalk easements may overlap the utility
easement but should be avoided where possible. Sidewalk easements
shall abut and run parallel with the right-of-way, and extend a minimum
of two feet beyond the sidewalk. Private improvements shall not be
permitted within the sidewalk easement.
When the sidewalks are required to be constructed in a meandering
pattern, the underground utilities will be located within the five-foot
portion of the ten-foot utility easement furthest from the street
center line. The meandering sidewalk will be located within the remainder
of the utility easement and the street right-of-way between the cartway
and the utility easement.
Street trees near sidewalks shall conform to the design guidelines and requirements of § 14-3.
3.
Sidewalks, aprons, and sidewalks at aprons shall be concrete and
shall be constructed in accordance with the Standard Construction
and Detail Sheets as promulgated by the Township Engineer in accordance
with law.
Sidewalks shall be at least four feet wide and shall be appropriately
reinforced. Sidewalks shall be constructed of 4,000 psi air-entrained
concrete four inches to six inches thick on a gravel bed of clean
stone at least four inches thick. Expansion joints shall be constructed
every 20 feet and shall extend the full depth and width of the concrete.
Construction joints shall be located every five feet. Additionally,
where subgrade is yielding or otherwise unsatisfactory in the opinion
of the Township Engineer, all unsuitable material shall be removed
and suitable material shall be applied until the subgrade is nonyielding
to the satisfaction of the Township Engineer.
4.
In the case of planned developments and/or in the case of pedestrian-bikeway
corridors where concrete sidewalks are not possible to construct because
of environmental constraints, stone pathways may be permitted instead
at the discretion of the reviewing municipal agency based upon testimony
by the applicant. Stone pathways shall be at least four feet wide
and shall be in accordance with the Standard Construction and Detail
Sheets as promulgated by the Township Engineer in accordance with
law. Additionally, where subgrade is yielding or otherwise unsatisfactory
in the opinion of the Township Engineer, all unsuitable material shall
be removed and suitable material shall be applied until the subgrade
is nonyielding to the satisfaction of the Township Engineer.
[Ord. #85-482, S 515; Ord. #85-489, S 1C; Ord. #88-584, S
IV, V; Ord. #04-1163, S 2]
a.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential building. A pool shall be located in rear yard area only, except for reverse frontage lots where there is no rear yard as defined in Section 16-2 of this chapter. For reverse frontage lots, a pool shall be located to the rear of the detached dwelling, provided that it is set back at least 75 feet from the street line behind the dwelling or the minimum required front yard setback if that setback distance is greater than 75 feet. Additionally, the swimming pool must be screened from the street by a planted buffer at least 25 feet in width, which buffer shall be outside of any fenced area on the lot and which shall be maintained over time. Subject to review and approval by the Township Landscape Architect, the planted buffer shall consist of densely planted evergreen trees, at least six feet high at the time of planting and spaced no more than 10 feet apart on-center, but an alternate plan may be proposed for review and approval by the Township Landscape Architect, and such alternate plan may include existing vegetation on the site.
A pool shall occupy no more than 75% of the yard area in which
it is located and shall be located no closer than 15 feet to any lot
line. There shall be no minimum distance requirement between the pool
and principal structure. A minimum separation of 10 feet shall be
maintained between a swimming pool and septic tank, and 20 feet for
a disposal field.
b.
A private residential swimming pool shall be enclosed by a permanent
fence sufficient to make the pool inaccessible to small children.
The fence, including the gate therein, shall not be less than four
feet in height, nor more than six feet in height; and in the event
the fence exceeds four feet in height it shall be set 15 feet from
any lot line. All gates shall be self-closing and self-latching with
latches placed four feet above the underlying ground and otherwise
made inaccessible from the outside to small children. In the case
of hot tubs and whirlpools only, a natural barrier, hedge, pool cover
or other protective device approved by the Construction Official shall
be an acceptable enclosure so long as the degree of protection afforded
by the substituted device or structure is not less than the protection
afforded by the fence with self-closing and self-latching gates as
described above.
c.
No commercial swimming pool shall be constructed or installed unless
approved by the Board as part of a site plan approval. Commercial
swimming pools shall be classified into types in accordance with their
particular use and shall meet the appropriate design standards as
set forth by the National Swimming Pool Institute or the Swimming
Pool Code of New Jersey, latest edition, whichever is more stringent.
[Ord. #85-482, S 516; Ord. #88-589, S 2; Ord. #92-756, SS
1,2]
a.
Where public water is accessible, water mains shall be constructed
in such a manner as to make adequate water service available to each
lot or building within the development. The entire system shall be
designed in accordance with the requirements and standards of the
local and/or State agency having approval authority and shall be subject
to their approval. The system shall also be designed with adequate
capacity and sustained pressure and in a looped system with no dead-end
lines, whenever possible.
For purposes of this paragraph, accessible shall mean that the
property to be developed is no further from an existing water main
than the number of feet arrived at by multiplying the number of units
in the proposed development by 200, or in the case of subdivisions
in which more than 15 units are proposed, accessible shall mean that
the property to be developed is within one mile of an existing water
main. Notwithstanding anything to the contrary, all nonresidential
developments shall be serviced by public water.
b.
Where no public water is accessible, water shall be furnished on
an individual lot basis. If wells are installed on each lot and the
lot also contains its own sewage disposal facilities, the wells shall
be of the drilled type with a minimum 50 feet of casing where possible
or, where such minimum footage of casing is not possible, the well
shall be drilled at least 20 feet into unweathered rock. Well installation,
sealing and testing shall be in accordance with the N.J. Standards
for Construction of Water Supply Systems in Realty Improvements (Chapter
199 of the Public Laws of 1954), as amended, and in accordance with
the guidelines and resolutions adopted by the Township Board of Health.
Prior to being placed in consumer use and prior to issuance of a Certificate
of Occupancy for any building served by the well, the developer shall
certify to the Township Board of Health that he complied with all
applicable State and local regulations.
c.
Connection to Public Water Supply System.
1.
All proposed major subdivisions except as provided in Subsection 16-5.16d below shall be connected by the applicant, at the applicant's sole expense, to an existing public water supply system if public water is available within the following distances: 200 feet for one unit developments, 400 feet for two unit developments, 600 feet for three unit developments, 800 feet for four unit developments, 1,000 feet for five unit developments, 1,200 feet for six unit developments, 1,400 feet for seven unit developments, 1,600 feet for eight unit developments, 1,800 feet for nine unit developments, 2,000 feet for 10 unit developments, 2,200 feet for 11 unit developments, 2,400 feet for 12 unit developments, 2,600 feet for 13 unit developments, 2,800 feet for 14 unit developments, and 3,000 feet for 15 unit developments. For developments of greater than 15 units which are within one mile from an existing public water supply system the applicant shall provide public water or adequate justification shall be given by the applicant to the Board as to the reason it should not provide a connection to the existing public water supply system. The system shall be installed in accordance with the standards imposed by the public water utility. The system proposed in lieu of connection to public water shall be capable of providing adequate water for fire fighting purposes. For purposes of this paragraph, adequate justification shall mean a hardship generated by peculiar physical qualities of the property to be developed, including but not limited to, topographical, geological, hydrological or other similar compelling reasons concerning the physical condition of the property.
3.
In lieu of depositing the aforesaid escrow funds, the applicant may, at its option, elect to install water main extensions in the subdivision, even though public water may not be accessible as defined in Subsection 16-5.16a above.
4.
Nothing in this subsection shall be construed as affecting the right
of any part to file a petition with the Board of Public Utilities
to require the public utility to establish, construct, maintain and
operate an extension of existing water main facilities as provided
in N.J.S.A. 48:2-27. Additionally, nothing in this subsection shall
be construed as affecting any State laws, rules or regulations with
respect to cost allocations as between the public water utility and
the customer. Any deposit made by any such customer and any rebate
received by such customer from the public water utility shall have
no effect on the provisions of this subsection.
d.
Underground Water Storage Tank Systems.
1.
For any area of the Township in which a public utility has indicated that public water is not able to be installed, an applicant proposing a development which would permit the construction of less than five new principal buildings shall not be required to comply with the provisions of Subsection 16-5.16c, but instead shall, at its expense and in accordance with the provisions of Subsections 16-5.16d2 and 16-5.16d3 hereinbelow or Subsection 16-9.3c4, either install the required underground water storage tank system and ancillary fire protection wells for fire prevention purposes or deposit a pro-rata share of the cost of installation, in escrow, with the Township in an amount equal to the rate set by Elizabethtown Water Company per lot for the cost of installation of 200 feet of water main per lot. Where an applicant does not install the required underground water storage tank system and ancillary fire protection wells, an applicant shall pay a pro rata share of the cost of installation of the underground water storage tank system in accordance with Subsection 16-9.3c4. Where an applicant installs the required underground water storage tank system and ancillary fire protection wells, no escrows may be established by that applicant for the construction of additional buildings within the development. For proposed major subdivisions which would permit the construction of five or more new principal buildings, an applicant shall, at its expense and in lieu of the required escrow funds, install an underground water storage tank system and ancillary fire protection wells.
The monies deposited in the escrow account shall be utilized
either for the construction of the underground water storage tank
system and the ancillary fire protection wells by the Township of
Montgomery and/or may be used to reimburse the developer of a major
subdivision which involves the construction of less than five new
principal buildings for the residual cost to the developer of installing
the underground water storage tank system and ancillary fire protection
wells according to the zones delineated in the Underground Water Storage
Tank Zone Map.[1]
The location of the underground water storage tank and ancillary
fire protection wells shall be determined by the Bureau of Fire Prevention
in consultation with the Township Engineer. Any construction of a
tank system and ancillary wells which requires the expenditure of
monies in the escrow fund shall be subject to review by the Bureau
of Fire Prevention and approval of the Township Committee.
[1]
Editor's Note: The map is included at the end of this section.
2.
Where an applicant installs an underground water storage tank system
and ancillary fire protection wells, an applicant must comply with
the following criteria:
(a)
Every building shall be located within 2,000 linear feet of
an underground water storage tank measured along the streets, highways
and access driveways. A water storage tank shall hold a minimum of
40,000 gallons of usable water. The tank shall be installed parallel
to the road within the right-of-way and/or public easement, but shall
not be installed below the travelled portion of the road. The location
of the tank shall be determined by the Bureau of Fire Prevention in
consultation with the Township Engineer. The Bureau may, under certain
circumstances and upon making appropriate findings, require storage
of additional quantities of water or additional storage tanks. Such
findings may include, but shall not be limited to, the following:
(b)
The tank shall be non-corrosive construction and must be pre-cast or pre-manufactured. In no case shall a tank be manufactured on site. The tank shall be installed in all respects in accordance with the manufacturer's specifications. The specifications and installation of the tank shall be subject to prior approval by the Township Engineer. The tank shall be installed in a level manner with no more than 2% slope. The tank shall be fed by well water and an applicant shall install the well in accordance with the provisions of Subsection 16-5.16d2(a) above. The tank shall be as centrally located in the subdivision as possible and shall be accessible by road for fire engines and other fire-fighting equipment. The Fire Official shall test and approve the operation of the underground water storage tank system.
(c)
An applicant shall execute any and all documents necessary to
grant to the appropriate Board of Fire Commissioners an easement providing
sufficient access for entry for fire-fighting and other emergency
purposes, as well as for non-emergency purposes such as maintenance
or repair of the tank and storage and maintenance of the control box
and other appurtenances of the well. An applicant shall execute any
and all documents necessary to grant to the underground Board of Fire
Commissioners title to the underground water storage tank and ancillary
fire protection wells, and to assign to the Board manufacturers' warranties
for the tank and appurtenant equipment.
3.
For all proposed major subdivisions which would permit the construction of less than five new principal buildings, an applicant may be required to install an underground water storage tank system in accordance with Subsection 16-5.16d2 above, in lieu of the required escrow fund where the Bureau of Fire Prevention finds, in consultation with the Township Engineer, that such an underground water storage tank system is warranted for fire-fighting purposes. Such findings may include, but shall not be limited to, the following:
4.
Where an underground water storage tank system is to be installed, no construction permit shall be issued for a building upon any lot within a subdivision until the underground water storage tank system is installed and its operability is tested and approved pursuant to Subsection 16-5.16d2(b).
[Ord. #88-584, S IV W]
a.
Any person desiring to subdivide property in the R-1, R-2, R or VN
Districts in the Township of Montgomery may elect to apply to the
Planning Board for a major subdivision under the reduced improvement
requirements of this section, with all other subdivision requirements
applying. The Planning Board shall examine each request to determine
whether it meets the following minimum standards and requirements.
1.
Every lot in the development shall have a minimum of three acres.
2.
Each lot shall have a minimum frontage and width of 200 feet and
a minimum depth of 300 feet.
3.
The design of the development shall blend with the agricultural and
rural atmosphere of the Township.
4.
The development shall not adversely affect the development of adjacent
or adjoining property.
5.
The proposed local streets shall not interconnect with existing or
proposed streets in other classifications to form continuous routes.
They shall be designed to discourage any through traffic, shall have
the exclusive function of providing access to properties abutting
the street and shall follow the contours of the land to the greatest
extent possible.
b.
If it is determined by the Planning Board that the proposed development
conforms with the criteria established for rural residential development,
the following reduction in standards and improvements for the local
streets shall be allowed.
1.
The right-of-way width for all local streets which are entirely within
the subdivision shall be 50 feet.
2.
The pavement width for all such local streets shall be reduced to
24 feet, with a stabilized grass shoulder 13 feet in width each side
thereof.
3.
Subject to approval by the Planning Board in each specific case,
surface storm water drainage may be carried in open ditches outside
the right-of-way of the local streets or within other suitable drainage
structures within the right-of-way as may be approved by the Township
Engineer.
4.
Curbs shall not be required except at intersections and where excessive
grades or other conditions require their installations.
5.
Sidewalks shall not be required.
c.
No further subdivision of any lot or lots subdivided under these
standards shall be permitted within 50 years from the date of approval
by the Planning Board, and a statement to this effect shall be written
on all plats submitted to the Township for review and approval and
shall be incorporated in the deeds of the lot(s).
[Ord. #88-584, S IV X; Ord. #97-903, S 7]
a.
Within any residential district throughout Montgomery Township, no
building shall be constructed or altered in any manner which is inharmonious
with the prevailing residential character of the zoning district and
any adjacent and nearby residential development.
b.
Regarding residential subdivisions of single-family detached dwelling
units, the Township Committee finds that substantial similarity in
the exterior design and appearance of dwelling units erected in the
same residential neighborhood is undesirable and tends to impair the
value of both improved and unimproved real property in such residential
neighborhoods, thereby depriving the Township of tax revenues by destroying
a proper balance between the taxable value of the real property and
the cost of providing municipal services to the properties. Therefore,
in order to promote the general welfare of Montgomery Township and
its individual residential neighborhoods, the following standards
for the appearance of single-family detached dwelling units shall
apply to any residential subdivision consisting of two or more residential
lots:
1.
No construction permit shall be issued for a dwelling unit if it
is substantially similar in exterior design and appearance with another
dwelling unit situated on a lot on the same or opposite sides of the
street, unless the two lots are separated by the following distances,
as applicable:
2.
Houses within the applicable specified distance from each other shall
be considered substantially similar in exterior design and appearance
if they have any one of the following architectural characteristics:
(a)
The same basic dimensions and floor plans are used without substantial
differentiation to the exterior elevations;
(b)
The height and design of the roofs are without substantial change
in elevation and appearance; and
(c)
The size and type of windows and doors in the front elevation
are without substantial differentiation.
3.
Utilizing the above architectural characteristics, there shall be
not less than two separate basic home designs in every housing development
consisting of eight or less houses; not less than three basic designs
in every housing development consisting of from nine to 15 houses;
not less than five basic house designs in every housing development
consisting of from 16 to 50 houses; not less than six basic house
designs in every housing development consisting of from 51 to 77 houses;
and not less than eight basic house designs in every housing development
consisting of 78 or more houses.
4.
To insure conformity with these requirements, no construction permit
shall be issued for more than one single-family dwelling unit in any
residential development until the developer has provided the Community
Development Director with a copy of the approved subdivision plat,
as on file with the Construction Official, clearly indicating the
type and model of each house for which a construction permit has been
or is being issued.
5.
The provisions, requirements and standards heretofore set forth shall
not be considered met where there is an attempt to make minor changes
or deviations from building plans and/or location surveys, which changes
indicate an obvious attempt to circumvent the purposes of these requirements.
[Ord. #92-755, S 5]
Unpaved fire lanes installed on public or private property shall comply with requirements set forth in Subsection 3-11.7 and with the Fire Lane Typical Details Installation Methods Blueprint set forth hereunder.
[Ord. #92-755, S 5]
All public and private fire hydrants shall conform with the specifications set forth in Subsection 13-5.3.
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[Added 12-2-2021 by Ord.
No. 21-1671]
a.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and make-ready parking spaces
to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
3.
Provide the opportunity for nonresidential uses to supply EVSE to
their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
b.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See State Uniform Construction Code Act, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a 15- to 20-amp breaker on a 120-volt AC
circuit.
Level 2 operates on a 40- to 100-amp breaker on a 208- or 240-volt
AC circuit.
Direct-current fast charger (DCFC) operates on a 60-amp or higher
breaker on a 480-volt or higher three-phase circuit with special grounding
equipment. DCFC stations can also be referred to as rapid charging
stations that are typically characterized by industrial grade electrical
outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The prewiring of electrical infrastructure at a parking space,
or set of parking spaces, to facilitate easy and cost-efficient future
installation of electric vehicle supply equipment or electric vehicle
service equipment, including, but not limited to, Level Two EVSE and
direct-current fast chargers. Make-ready includes expenses related
to service panels, junction boxes, conduit, wiring, and other components
necessary to make a particular location able to accommodate electric
vehicle supply equipment or electric vehicle service equipment on
a plug-and-play basis. Make-ready is synonymous with the term "charger
ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
c.
Approvals and permits.
1.
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
3.
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
The Zoning Officer, or designee, in consultation with the Township
Engineer and Construction Official, shall enforce all signage and
installation requirements described in this section. Failure to meet
the requirements in this section shall be subject to the same enforcement
and penalty provisions as other violations of Montgomery's land use
regulations.
5.
An application for development for the installation of EVSE or make-ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the Zoning Officer, provided the application meets the following
requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the State Uniform Construction
Code Act. P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
6.
An application pursuant to Subsection c5 above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
7.
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
8.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
d.
Requirements for new installation of EVSE and make-ready parking
spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
2.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection d1 above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or make-ready parking
spaces.
e.
Minimum Parking requirements.
1.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Subsections 16-4.3; 16-4.4f; 16-4.5h; 16-4.6f; 16-4.7f; 16-4.8f; 16-4.9f; 16-4.10e; 16-4.11g; 16-4.12g; 16-4.13h; 16-4.14a9; 16-4.14b9; 16-4.14c9; 16-4.14d11; 16-4.15-1b4; 16-4.15-1c4; 16-4.15-2b4; 16-4.15-3c; 16-4.15-4c; 16-6.1a6; 16-6.1b2; 16-6.1c5; 16-6.1d5; 16-6.1e5; 16-6.1f10; 16-6.1g13; 16-6.1h9; 16-6.1j8; 16-6.1k4; 16-6.1l6(e); 16-6.1m; 16-6.1o5; 16-6.1q11; 16-6.1r.11; 16-6.1s14; 16-6.1t12; 16-6.1u8; 16-6.5c6; 16-6.5h14; 16-6.5i11; 16-6.5j11; 16-6.5k.10(d); 16-6.5k11(d); 16-6.5k12(f); 16-6.5k13(f); and 16-6.9i.
2.
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
f.
Reasonable standards for all new EVSE and make-ready parking spaces.
1.
Location and layout of EVSE and make-ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
2.
Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3.
EVSE parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection f5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
4.
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection f5 below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with Montgomery's ordinances and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is setback a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three feet to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection f4(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
Montgomery Township shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
5.
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs, including parking restrictions, shall be installed
immediately adjacent to, and visible from, the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection f5(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(1)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
6.
Usage fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be set by ordinance.
(b)
This fee may be amended by a resolution adopted by the governing
body.
(c)
Private EVSE: nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
[Ord. #85-482, S 601; Ord. #87-555, S 3; Ord. #87-570, S
8; Ord. #88-584, S V A-C; Ord. #89-635, S 4; Ord. #89-639, S 6; Ord.
#89-648, SS 2, 3; Ord. #90-663, S 7; Ord. #90-674, S 1; Ord. #90-
687, S 1; Ord. #90-695, S 1; Ord. #92-746, S 4; Ord. #92-759, S 4;
Ord. #93-781, S 6; Ord. #93-789, S 2; Ord. #93-790, S 5; Ord. #94-816,
S 1; Ord. #96-8, S 3; Ord. #98-932, S 2; Ord. #98-933, SS 6, 7; Ord.
#98-953, S 1; Ord. #00-1016, S 2; Ord. #01-1037, S 2; Ord. #02-1065;
Ord. #2002-1079, S 2; Ord. #03-1089, SS 1, 2; Ord. #05-1182, S 2;
Ord. #06-1236, S 2; Ord. #08-1275, S 1; Ord. #08-1278, SS 1-5; Ord.
#2015-1487 S 4; Ord. No. 17-1556 § 3]
Before a construction permit or certificate of occupancy shall
be issued for any conditional use as permitted by this chapter, application
shall be made to the Planning Board. The review by the Planning Board
of a conditional use shall include any required site plan review pursuant
to this chapter. Public notice and a hearing shall be required as
stipulated in this chapter. Conditional uses include the following:
a.
Public Utility Uses.
1.
For purposes of this chapter, the term "public utility uses" shall
include such uses as telephone dial equipment centers, power substations
and other utilities serving the public, such as sewage treatment plants,
but shall exclude dumps and sanitary landfills.
2.
The proposed installation in a specified location must be reasonably
necessary for the satisfactory provision of service by the utility
to the neighborhood or area in which the particular use is located.
3.
The design of any building in connection with such facilities must
not adversely affect the safe, comfortable enjoyment of property rights
in the surrounding area.
4.
Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Code in effect at
the time of the construction.
5.
Landscaping, including shrubs, trees and lawns, shall be provided
and maintained.
6.
Off-street parking shall be provided as determined by the Planning
Board during site plan review.
b.
Car Washes.
1.
All mechanical activities must be conducted within a totally enclosed
building.
2.
Off-street parking shall be provided in accordance with the following
schedule: Three access lanes for each mechanized car wash entrance
with each lane having a minimum capacity for 12 vehicles; one separate
space for each waxing, upholstery cleaning or similar specialized
service area; and one space for each employee. All vehicle entrances
shall be from the rear of the building and all parked and waiting
vehicles shall be accommodated on the lot.
3.
One sign shall be permitted, either free-standing or attached, not
exceeding an area equivalent to 5% of the first floor portion of the
front facade or 75 square feet, whichever is smaller. Freestanding
signs shall be set back at least 25 feet from all street and lot lines.
4.
All of the other area, yard, building coverage, height, and general
requirements of the respective zone and other applicable requirements
of this chapter must be met.
5.
Nondomestic wastes from car washes shall be pretreated in accordance
with a plan approved by the Township Engineer prior to their discharge
into a public sewer.
c.
Hotels.
1.
The minimum lot size for a hotel shall be 10 acres and the minimum
frontage shall be 400 feet. Any hotel that may be constructed on a
lot or parcel of land must contain a minimum of at least 100 units
of accommodation in addition to a permanent on-site superintendent's
living quarters. Hotels also may contain ancillary retail, service,
restaurant and convention facilities, provided said facilities are
provided primarily for the use of the hotel occupants.
2.
Each unit of accommodation shall contain a minimum floor area of
250 square feet. Ceilings shall be a minimum of eight feet in height.
3.
Each unit of accommodation shall include a minimum of two rooms;
a bedroom and a separate bathroom. No units shall include any cooking
facilities within said unit, except that this provision shall not
apply to the living quarters of the permanent on-site superintendent.
4.
There shall be a residency limitation on all guests of 30 days maximum,
except that the residency limitation shall not apply to the superintendent
living on the premises.
5.
Off-street parking shall be provided at the ratio of 1.25 spaces
per room, plus one parking space for every 10 seats provided in ancillary
restaurant and convention facilities.
6.
No building shall exceed four stories and 40 feet in height.
7.
Two signs shall be permitted, one free-standing and one attached,
each not exceeding an area equivalent to 5% of the first floor portion
of the front facade or 100 square feet, whichever is smaller. Freestanding
signs shall be set back at least 25 feet from all street and lot lines.
8.
All of the other area, yard, building coverage, height, and general
requirements of the respective zone and other applicable requirements
of this chapter must be met.
d.
Motels.
1.
The minimum lot size for a motel shall be six acres and the minimum
frontage shall be 350 feet. Any motel that may be constructed on a
lot or parcel of land must contain a minimum of at least 20 units
of accommodation, in addition to a permanent on-site superintendent's
living quarters. The minimum number of units of accommodation in any
single building shall be 10.
2.
Each unit of accommodation shall contain a minimum floor are of 250
square feet. Ceilings shall be a minimum of eight feet in height.
3.
Each unit of accommodation shall include a minimum of two rooms;
a bedroom and a separate bathroom. No units shall include any cooking
facilities within said unit, except that this provision shall not
apply to the living quarters of the permanent on-site superintendent.
4.
There shall be a residency limitation on all guests of 30 days maximum,
except that the residency limitation shall not apply to the superintendent
living on the premises.
5.
Off-street parking shall be provided at the ratio of 1.25 spaces
per room.
6.
One sign shall be permitted, either freestanding or attached, not
exceeding an area equivalent to 5% of the first floor portion of the
front facade or 75 square feet, whichever is smaller. Freestanding
signs shall be set back at least 25 feet from all street and lot lines.
7.
All of the other area, yard, building coverage, height, and general
requirements of the respective zone and other applicable requirements
of this chapter must be met.
e.
Senior Citizen Housing.
1.
No site shall contain less than 10 acres.
2.
The maximum residential density shall not exceed 15 dwelling units
per gross acre.
3.
No dwelling unit shall contain more than two bedrooms.
4.
The maximum building height shall not exceed 35 feet and 2 1/2
stories.
5.
A minimum of 1 1/4 parking spaces shall be provided for each
dwelling unit.
6.
Individual dwelling units shall meet or exceed minimum design requirements
specified by the New Jersey Housing Finance and Mortgage Agency.
7.
A land area or areas equal in aggregate to at least 250 square feet
per dwelling unit shall be designated on the site plan for the recreational
use of the residents of the project.
8.
Prior to any Township approval, the following prerequisites shall
have been accomplished:
(a)
Verification that there are adequate utility services and support
facilities for the project, including existing and/or proposed transit
and commercial establishments serving everyday needs, within one mile
walking distance of the proposed site.
(b)
Concerning age restrictions:
(1)
All dwelling units in a senior citizen housing development shall
be deed restricted for occupancy by households with at least one person
55 years of age or older and with no person less than 19 years of
age, provided that visitors less than 19 years of age are permitted
for no more than eight weeks during any twelve-month time period.
This provision shall not apply to any resident manager on the premises
of the development.
(2)
The wording of the required deed restriction shall be submitted
by the applicant to the Planning Board for review as part of the application
for final subdivision approval, and the wording shall be reviewed,
modified as necessary, and finally approved by the Township Committee
and incorporated within a developer's agreement between the developer
and the Township Committee as a condition of any final approval granted
by the Planning Board for a senior citizen housing development.
(3)
The wording of the required deed restriction as finally approved
by the Township Committee shall be recited in the Master Deed and
the Homeowners' Association by-laws, which also shall be reviewed
and approved by the Township Committee and Planning Board as a condition
of any final approval granted by the Planning Board for a senior citizen
housing development.
(c)
Verification of preliminary approval of the project by any State
or Federal agency which finances or assists the financing or operation
of such housing.
9.
All other applicable requirements of this chapter must be met.
f.
Service Stations.
1.
The minimum lot size for service stations shall be one acre and the
minimum frontage shall be 200 feet.
2.
No new land area devoted to a service station shall be located within
any designated historic district and/or within any designated Well
Head Protection Area.
3.
Gasoline pumps and pump islands shall be set back at least 50 feet
from any street right-of-way or other property line.
4.
Canopies and permitted, but only over the pumps, pump islands, kiosks
and associated aisles, and the canopy shall be considered a principal
building and shall be set back at least 40 feet from any street right-of-way
or other property line.
5.
Service stations may include a second principal building, in addition
to a canopy, either for the servicing of vehicles by the service station,
for an ancillary office area where the sale of lubricants and automotive
accessories occurs, or for an area for the retail sale of goods, such
as prepackaged food products, household items, newspapers and magazines,
and sandwiches and other freshly prepared foods for the convenience
of motorists, provided and in accordance with the following:
(a)
If the second principal building is used for the servicing of
vehicles and/or for an ancillary office area, with no food sold except
for food and drinks from dispensing machines, the subject service
station may be located in either the CC-2 Community Commercial or
the HC Highway Commercial zoning districts on sites at least one acre
in area.
(b)
If the second building is used for the relatively more intensive
retail sale of goods, such as prepackaged food products, household
items, newspapers and magazines, and sandwiches and other freshly
prepared foods for the convenience of motorists, the subject service
station may be located only in the HC Highway Commercial zoning district
on sites at least 1.5 acres in area.
(c)
In any case, the size of the second principal building shall
not exceed 3,500 square feet, provided that if all trash and recycling
facilities and all refrigeration units are located inside the building,
the building shall not exceed 4,000 square feet in area.
(d)
The second principal building shall be set back the distances
required for principal buildings in the subject zoning district, but
in no case less than 50 feet from any street right-of-way.
6.
All required setback areas shall be landscaped with a mixture of
shrubs and trees in addition to lawn area and ground cover, and the
plantings shall buffer any adjacent residential areas and shall break
up the view of the paved area(s) of the site.
7.
Other than gasoline filling pumps and/or air pumps, any and all appliances,
lifts, pits, storage areas, and tires shall be within a fully enclosed
building.
8.
Any and all lubrication, repair or similar activities shall be performed
in a fully enclosed building, and no motor vehicle parts or partially
dismantled vehicles shall be displayed or stored elsewhere on the
property.
9.
Service stations shall provide one public rest room facility for
male use and one public rest room facility for female use.
10.
Service stations shall provide off-street parking in accordance with
the following provisions:
(a)
At least six off-street parking spaces shall be provided for
the first lift, wheel alignment pit or similar work area, five additional
spaces for a second work area, and an additional three spaces for
each additional work area.
(b)
At least one parking space for every 200 square feet of the
gross floor area of any convenience store associated with the service
station shall be provided.
(c)
Additional parking may be required by the Planning Board in
order to ensure adequate off-street parking for all employees.
(d)
Parking spaces shall be separated from the driveway and general
apron areas which give access to the gasoline and air pumps and service
areas, and no designated parking space shall obstruct access to such
facilities.
(e)
No parking shall be permitted on an unpaved area.
11.
Service stations may be permitted the following signage:
(a)
One freestanding sign not exceeding 50 square feet in area and
eight feet in height. The freestanding sign shall be set back at least
15 feet from all street rights-of-way and at least 25 feet from all
other property lines.
(b)
Either one sign attached flat against the building not exceeding
30 square feet in area, or one sign attached on each of two sides
of a canopy, with each sign not exceeding 15 square feet in area.
(c)
Additional signage shall be permitted on the pumps only, consisting
of the brand name and/or insignia of the gasoline sold, a lead warning
sign, a price indicator and any other sign required by law.
12.
No damaged, wrecked or dismantled vehicle, junk or trailer shall
be permitted on the property. Moreover, no more than six motor vehicles
awaiting repair may be located upon any service station property outside
of a fully enclosed building for a period of time more than seven
days.
13.
The exterior display and parking of motor vehicles, trailers, boats
or other similar equipment for sale, rent or other purposes shall
not be permitted as part of a service station.
14.
All of the other area, yard and general requirements of the respective
zoning district and all other applicable requirements of this chapter
must be met.
g.
Residential Care Facilities for the Elderly.
1.
The minimum tract size shall be 50 acres.
2.
The maximum gross density of apartment and/or townhouse residential
units on the tract shall not exceed 5.5 units per acre of "non-critical
lands", plus a transfer of 1/5 dwelling unit per acre of any "critical"
lands on the tract to the "non-critical" acreage; provided in any
case that not more than 300 such residential units shall be permitted
as a part of any residential care facility for the elderly. Additionally,
no "critical" acreage shall be developed.
3.
Residential care facilities for the elderly shall provide skilled
nursing and assisted residential care facilities for not more than
20% of the apartments and/or townhouse residential living units. Such
nursing and care facilities shall be for the primary use of the residents
of the residential care facility and may include medical care facilities
and physical therapy facilities.
4.
Residential care facilities for the elderly also may provide the
following ancillary facilities for the primary use of the residents
of the residential care facility: Dining facilities, recreational
facilities, retail and service uses and such other ancillary facilities
as may be approved by the Board.
5.
The age limitations in the definition of "residential care facilities
for the elderly" shall not apply to any resident manager on the premises.
Additionally, a guest house consisting of not more than 12 bedrooms
in aggregate, each for the temporary accommodation of guests of the
residents of the residential life care facility, shall be permitted
and shall not be included as part of the maximum density calculation.
6.
All dwelling units and related facilities shall be connected to approved
and functioning water and sanitary sewer systems prior to issuance
of a certificate of occupancy.
7.
All residential care facilities for the elderly shall be limited
to direct vehicular access to State Route 206 and/or a non-local road
intersecting directly with State Route 206. Moreover, the applicant
shall be required to submit traffic impact data which clearly indicates
that no significant negative traffic impact upon local residential
streets and existing residential neighborhoods will result from the
residential care facility and that the traffic impact emanating from
the residential care facilities for the elderly will be significantly
less than the potential traffic impact emanating from the affirmatively
permitted office/research type uses.
8.
The floor area ratio of all buildings other than the buildings containing
the residential apartments and/or townhouses shall not exceed 0.1.
Additionally, the total lot coverage, including all buildings and
impervious surfaces, shall not exceed 40%.
9.
No building shall exceed 40 feet and three stories in height. Additionally, all buildings shall be designed with a pitched roof and no half-story shall be used for any purpose other than the containment of mechanical equipment. For purposes of this section, the provisions of Subsection 16-6.2 of this chapter shall not apply; i.e., no building shall exceed 40 feet in height at its highest point.
10.
The minimum distance between buildings shall be measured horizontally
in feet and shall be measured away from the front, side and rear of
each building. The total minimum separation between buildings shall
be the sum of the two abutting distances. The minimum distances shall
be 20 feet for the front of a building; 15 feet for the side of a
building; and 25 feet for the rear of a building. No portion of any
building shall be closer to any portion of any other building than
the combined distances of the abutting requirements for each building,
provided that the corner of a building offset more than a 20°
angle from a line drawn parallel to another building shall be considered
a side of the building. In addition, no building shall be located
closer than 150 feet from the right-of-way line of State Route 206
and any arterial street, 75 feet from the right-of-way line of any
category of collector street, 50 feet from the right-of-way line of
any local street, or 15 feet from any internal private road or parking
area. Additionally, all buildings shall be set back a minimum 100
feet from any property line other than a street line.
11.
If any parking area, road, building or structure is located within 250 feet of a common property line with a residential district, the minimum setback area shall include a planted buffer of 50 feet along said property line (see Subsection 16-8.4b20 for additional standards).
12.
For each townhouse and/or apartment residential unit, in addition
to any storage area contained inside individual dwelling units, there
shall be provided 150 cubic feet of storage area in a convenient,
centrally located area in the cellar, basement or ground floor of
the building where personal belongings and effects may be stored without
constituting a fire hazard and where said belongings and effects may
be kept locked and separated from the belongings of other residents.
13.
A minimum of one parking space shall be provided for each townhouse
and/or apartment residential unit and each bed in any skilled nursing
and assisted residential care facility. A minimum 1 1/2 parking
spaces shall be provided for each bed in the permitted guest house.
Additional off-street parking shall be provided for uses other than
the apartment and/or townhouse residential units, the nursing care
facility and the guest house at the ratio of one space per 1,000 square
feet of net habitable floor area. In any case, sufficient parking
shall be provided as determined by the Board, taking into consideration
the number of dwelling units, the anticipated number of employees,
and the nature and extent of the ancillary facilities within the development.
14.
Adequate trash and garbage pick-up stations shall be provided within
totally enclosed containers located in a manner so as to be obscured
from view from parking areas, streets, and property lines by a fence,
wall, planting or combination of the three.
15.
A residential care facility for the elderly may have one sign along
any non-local road which the tract abuts provided there exists at
least 200 feet of unbroken frontage. The sign shall not exceed 10
feet in height, shall be set back from the street right-of-way and
driveways a minimum of 30 feet, shall be set back from any property
line a minimum of 50 feet and shall not exceed an area of 25 square
feet.
16.
All other applicable provisions of this chapter not contrary to the
specific provisions herein shall apply.
17.
In reviewing a proposal for a residential care facility for the elderly,
and in determining pertinent design elements for the development,
the Board shall consider the following criteria:
(a)
The relationship of the proposed development with the existing
development in the vicinity of the tract;
(b)
The ability to efficiently and safely provide for the movement
of the volume of traffic to be generated by the proposed development
without adversely affecting existing residential neighborhoods;
(c)
Any additional public services that will be made necessary by
the proposed development.
(d)
The amount, location and proposed use of the permanent open
space to be achieved by the proposed development; and
(e)
The preservation of trees, groves, waterways, scenic points,
historic spots and other municipal assets and landmarks.
h.
Residential Limited Care Facilities for the Elderly.
1.
The minimum tract size shall be 20 acres.
2.
Only efficiency and one bedroom apartments shall be permitted and the provisions within Subsection 16-6.3, Townhouses And Apartments, of this chapter regarding apartments shall be met.
3.
The maximum number of apartment units permitted, including any apartment
units used for members of the staff, shall not exceed a density of
eight units per gross acre of land.
4.
Nursing care shall be provided, and such care shall be only for the
elderly residents on-site and shall not include medical care facilities
or physical therapy facilities.
5.
Dining facilities and recreational facilities shall be provided,
and such facilities shall be only for the elderly residents on-site
and the staff.
6.
A residential limited care facility for the elderly shall be connected
to an approved and functioning water and sanitary sewer system prior
to the issuance of a Certificate of Occupancy.
7.
The floor area ratio (F.A.R.) of all buildings shall not exceed 0.105,
and the total lot coverage shall not exceed 25%.
8.
No building shall exceed 35 feet and 2 1/2 stories in height.
9.
A minimum of 3/4 parking space shall be provided for each apartment
unit used by an elderly resident or household, and a minimum of two
parking spaces shall be provided for each apartment unit used by a
staff member. All additional net habitable floor area shall be provided
parking at the ratio of one parking space per 1,000 square feet or
fraction thereof.
10.
A residential limited life care facility for the elderly shall be
permitted one sign. The sign may be located along any arterial or
collector category of road which the tract abuts, provided there exists
at least 200 feet of unbroken frontage.
The sign shall not exceed eight feet in height, shall be set
back from the street right-of-way and any driveways into the site
a minimum of 30 feet, shall be set back from any property line a minimum
of 50 feet, and shall not exceed an area of 25 square feet.
11.
All other applicable provisions of this chapter not contrary to the
specific conditions included herein shall apply.
12.
In reviewing a proposal for a residential limited care facility for
the elderly, and in determining pertinent design elements for the
development, the Board shall consider the following criteria:
(a)
The relationship of the proposed development with the existing
and zoned for development in the vicinity of the tract;
(b)
The adequacy of the existing and proposed vegetation and landscaping
to adequately mitigate against any adverse impact which might be caused
by the proposed development upon any existing or zoned for residential
dwelling an/or residential neighborhood.
i.
Satellite Dish Antennas.
1.
For purposes of this chapter, the term "satellite dish antennas"
shall mean any apparatus or structure constructed or installed out
of doors with the purpose of receiving television, radio or similar
waves.
2.
These provisions are based upon the following findings of the Township
of Montgomery:
(a)
That satellite dish antennas pose a potential risk to the safety
of residents and the property within the Township;
(b)
That the potential risk increases as these antennas are placed
on the roofs or atop structures within the Township;
(c)
That satellite dish antennas have a negative aesthetic impact
upon the community;
(d)
That the negative aesthetic impact increases as these antennas
are placed upon roofs or other structures within the Township.
(e)
That the Township desires to further the objectives of protecting
the health and safety of its citizens and property and the aesthetic
character of the community;
(f)
That the Township may impose regulations upon satellite dish
antennas that have a reasonable and clearly defined health, safety
or aesthetic objective; and,
(g)
That the Township may not impose costs on the users of such
antennas that are excessive in light of the purchase and installation
cost of the equipment.
3.
The installation and construction of satellite dish antennas shall
be subject to the following minimum requirements:
(a)
A satellite dish antenna shall function only as a receiving
station and not as a transmitting station except, subject to the following
requirements, an antenna used by an amateur radio operator licensed
by the Federal Communications Commission is permitted, provided that
the antenna is permitted only at the authorized transmitting location;
(b)
A satellite dish antenna may not be placed on any lot which
does not contain a permitted principal structure;
(c)
A satellite dish antenna shall be ground mounted in the rear yard area of a lot and shall be located in conformity with the rear yard and side yard setback requirements for a principal permitted structure in the zoning district in which the lot is located; except that, in cases where the applicant can demonstrate that locating the satellite dish antenna in the rear yard in accordance with Subsection 16-6.1i2(c) hereinabove is impracticable or would prevent the otherwise proper functioning of the satellite dish antenna, the Board may approve an alternate location as listed hereinbelow in order of municipal preference, based upon the testimony offered by the applicant:
(1)
As a first preferred alternate to Subsection 16-6.1i2(c) hereinabove, a satellite dish antenna may be ground mounted in the rear yard of the lot and shall be located in conformity with the rear yard and side yard setback requirements for a permitted accessory structure in the zoning district in which the lot is located; or
(2)
As a second preferred alternate to Subsection 16-6.1i2(c) hereinabove, a satellite dish antenna may be ground mounted in the side yard area of the lot and shall be located in conformity with the side yard setback requirements for permitted accessory structures and the front yard setback requirements for a permitted principal structure in the zoning district in which the lot is located; or
(3)
As a third preferred alternate to Subsection 16-6.1i2(c) hereinabove, a satellite dish antenna may be roof-mounted, provided that the bottom of the satellite dish antenna shall not extend above the roof line where mounted and is located toward the rear of the structure away from the street line.
(d)
A satellite dish antenna shall not exceed 12 feet in diameter
and, unless impracticable, shall be of the aluminum mesh type.
(e)
No ground mounted satellite dish antenna shall extend higher
than 15 feet above ground level.
(f)
A ground mounted satellite dish antenna shall be screened from
adjacent properties to the extent possible and practical with non-deciduous
plantings. To the greatest extent possible, all satellite dish antennas
shall blend with the immediate surrounding area, including the color
of the roof if roof-mounted.
(g)
No lot shall have more than one satellite dish antenna. Wires
and cables running between the ground mounted antenna and any structure
shall be properly installed underground in accordance with the Uniform
Construction Code. Additionally, the installation of the satellite
dish antenna shall meet all local, State and Federal requirements,
including those contained in the Uniform Construction Code.
(h)
Portable satellite dish antennas are prohibited.
(i)
Satellite dish antennas shall be installed or constructed in
a manner so as not to interfere with television, radio or similar
reception in adjacent and nearby areas and shall meet all State and
Federal requirements.
(j)
Applications for installation or construction of satellite dish antennas, except those that are ground mounted in the rear yard area of a lot and located in conformity with the rear yard and side yard setback requirements for a principal permitted structure in the zoning district in which the lot is located, shall be subject to minor site plan review and approval as set forth in Subsection 16-8.3 of this chapter. All applications shall be subject to any other applicable construction permit provisions.
j.
Community Residences for the Developmentally Disabled and/or Community
Shelters for Victims of Domestic Violence.
1.
Any community residence for the developmentally disabled or community
shelter for victims of domestic violence that house more than six
persons, excluding resident staff, shall require a 'Conditional Use'
permit for the use of a dwelling unit for such shelter or residence,
including the conversion of a dwelling unit for such use.
2.
In no case shall more than 15 persons, excluding resident staff,
occupy any community residence or community shelter.
3.
The minimum area and yard requirements applicable to the particular
zoning district shall each be increased by 16.67% for each person
housed in the community residence or community shelter over and above
six persons, excluding resident staff.
4.
No community residence for the developmentally disabled or community
shelter for victims of domestic violence occupied by more than six
persons shall be located within 1,500 feet of an existing community
residence or community shelter.
5.
A 'Conditional Use' permit shall not be granted if the total number
of persons, other than resident staff, residing in aggregate at such
community residences or community shelters throughout the Township
exceeds 50 persons or 0.5% of the population of the Township, whichever
is greater.
6.
The residential character of the lot and buildings shall not be changed
and there shall be no exterior evidence of the community residence
or community shelter. No signs shall be permitted except information
and direction signs as permitted for single-family detached dwellings.
7.
The following design requirements shall be incorporated within the
submitted plan:
(a)
Each community residence or community shelter shall be connected
to public water and sewer facilities;
(b)
Community residences or community shelters shall have immediate
access to public transportation services or, in the alternative, provide
occupants with a van or equivalent transportation service; and,
(c)
Community residences or community shelters shall resemble single-family
detached dwellings in appearance.
8.
All community residences or community shelters shall have 3/4 parking
spaces for each resident thereof. The Planning Board shall give due
consideration to provisions for visitation and the number of resident
staff in order to ensure that there are ample parking facilities.
Therefore, the Planning Board may, at its discretion, require more
parking spaces than 3/4 spaces per resident or may, if the evidence
so warrants, waive strict adherence to this standard. Moreover, sufficient
off-street area is to be provided for the pick-up and discharge of
occupants by vans or other vehicles servicing the residents.
9.
All other area, yard, building coverage, height and requirements
of the respective zone and other applicable requirements of this Ordinance
must be met.
k.
Child Care Centers.
1.
All child care centers shall be located on the first floor of a building
and may be extended to the second floor of a building; basements and
cellars may only be used for ancillary storage of equipment and materials.
2.
A minimum of 100 square feet per child of outdoor space adjacent
the center shall be provided and shall be adequately fenced or otherwise
protected from hazards, traffic and driveways.
3.
The hours of operation shall be limited to 6:00 a.m. to 7:00 p.m.
4.
Child care centers shall provide one parking space per employee plus
one additional parking space for every eight children. Adequate space
shall be provided for the loading and unloading of children which
shall take place on-site and not in the public right-of-way.
5.
Location of access driveways, landscaping, signage and general site
plan design shall be compatible with the neighborhood in which it
is to be located. The location of any child care center shall be appropriately
situated in relation to the use or area it is intended to serve.
6.
Where a child care center is provided as an accessory use to a principal
use located on the same lot, regardless of whether the child care
center is situated as part of a principal building or as the entire
use of an accessory building, the gross floor area devoted to the
child care center shall be considered common area for purposes of
determining the maximum permitted floor area ratio and lot coverage.
7.
Where a child care center is provided as a principal use as permitted
in this chapter, the following area and yard requirements shall apply:
|
Principal Building Minimum
| |
|
Lot area
|
1 ac.
|
|
Lot frontage
|
150'
|
|
Lot width
|
150'
|
|
Lot depth
|
150'
|
|
Side yard (each)
|
35'
|
|
Front yard
|
75'
|
|
Rear yard
|
50'
|
|
Accessory Building Minimum
| |
|
Distance to side line
|
25'
|
|
Distance to rear line
|
25'
|
|
Distance to other building
|
25'
|
|
Maximum
| |
|
Floor Area Ratio
|
0.125 for non-critical acreage, plus a transfer of an additional
0.025 from any "critical" acreage of the lot to the non-critical lands.
|
|
Lot coverage
|
37.5%
|
|
(1) An area equivalent to at least 75% of the minimum required
lot area shall be contiguous "non-critical" acreage and must be appropriately
situated for the location and construction of the child care center
and its appurtenances, including any septic system serving the lot;
otherwise the minimum required lot area shall be five acres.
|
8.
Adequate landscape screening shall be provided along lot lines common with residential uses or districts, where applicable, in accordance with Subsection 16-84.b20.
9.
One unlighted sign not exceeding 30 square feet in area and 10 feet
in height is permitted. The sign shall be set back at least 25 feet
from all street and property lines.
10.
Each child care center shall be connected to public sewer and water
facilities or alternate systems as may be approved by the Township
Board of Health.
11.
Any child care center shall comply with all State standards and licensing
requirements.
12.
All other applicable requirements of this chapter shall apply, except
where the Board determines otherwise.
l.
Airports.
1.
For purposes of this chapter, and in accordance with N.J.A.C. 16:54-1.3,
the terms "aircraft" and "airport" are defined as follows:
(a)
Aircraft shall mean any contrivance now known or hereafter invented,
used or designed for air navigation or flight in the air; and
(b)
Airport shall mean a designated area of land, water, or both,
which is licensed by the State of New Jersey for the landing and take-off
of airplanes and other aircraft, and which provides facilities for
shelter, security and service of aircraft.
2.
The total land area devoted to the Airport shall not exceed 92.8
acres which is to be divided into Landside Development Acreage and
Aviationside Runway and Taxiway Acreage as follows:
(a)
Landside Development Acreage:
(1)
The Landside Development Acreage shall not exceed 33.8 acres
and shall be comprised of the portion of Proposed Lot 57 in Tax Block
34001 as shown on the map entitled New Proposed Site Plan For The
Princeton Airport, which was prepared by D.S. Engineering and which
appears in the 2002 Supplement No. 1 to the Montgomery Township Master
Plan; and
(2)
More specifically, the Landside Development Acreage is shown
to be located south of the existing taxiway, except for an approximately
ninety-foot wide band of land which extends along the westerly property
line of Proposed Lot 57.
(b)
Aviationside Runway and Taxiway Acreage:
(1)
The Aviationside Runway and Taxiway Acreage shall not exceed
59 acres and shall be comprised of the remainder of Proposed Lot 57
in Tax Block 34001 as shown on the map entitled New Proposed Site
Plan For The Princeton Airport, which was prepared by D.S. Engineering
and which appears in the 2002 Supplement No. 1 o the Montgomery Township
Master Plan; and
(2)
In addition to the lands owned fee simple by the Airport and
comprising the Aviationside Runway and Taxiway Acreage, easements
may be acquired by the Airport on adjacent lands as may be required
by the New Jersey Department of Transportation, Division of Aeronautics,
in order to restrict otherwise permitted development and provide for
the safe takeoff and landing of aircraft.
3.
Airport facilities within the Landside Development Acreage shall
be permitted to include the following respective principal and accessory
uses as approved by the Township of Montgomery in accordance with
the provisions of this chapter:
(a)
Principal uses within the Landside Development Acreage:
(b)
Accessory uses within the Landside Development Acreage:
(1)
A fueling area;
(2)
A heliport;
(3)
A retail shop for the sale of items related to aviation;
(4)
A waiting room;
(5)
A dining area and the provision of food within the principal
airport building only;
(6)
The sales, leasing and chartering of aircraft and the financing
thereof;
(7)
Pilot training for fixed wing and/or helicopter aircraft;
(8)
The conduct of professional and consultant services related
to aviation;
(9)
Parking lots; and
(10)
Signs.
4.
Airport facilities within the Aviationside Runway and Taxiway Acreage
shall be permitted to include the following respective principal and
accessory uses as approved by the Township of Montgomery in accordance
with the provisions of this chapter:
(a)
Principal uses within the Aviationside Runway and Taxiway Acreage.
(1)
A runway;
(2)
Taxiway; and
(3)
Tie-down areas for the securing of operative fixed wing aircraft
outdoors, provided that all such areas are located south of the taxiway,
except that tie-down areas also may be located west of the end of
the taxiway, provided that the areas are south of a line extension
of the southerly side of the runway to the west.
5.
All preexisting development on the subject Airport lands shall be
permitted to remain and shall be deemed conforming, notwithstanding
any other provision of this chapter. For purposes of this chapter,
the preexisting development on the subject Airport lands shall be
considered to be the existing development (not proposed) depicted
on the Overall Site Location Plan Map, dated April 7, 1989 and submitted
by Princeton Airport to the Montgomery Township Zoning Board of Adjustment
as part of application No. BA-478/89 SPUV.
6.
Any and all development on the subject airport lands occurring after
May 16, 1996 shall conform to the following requirements for the Landside
Development Acreage:
(a)
No building, structure, pavement, parking area, tie-down area
of any other improvement or activity shall be located within 125 feet
of the right-of-way line of State Route 206 or within 50 feet of any
other property line, except that tie-down areas may be located within
25 feet of the westerly property line of the airport property if otherwise
permitted by this subsection.
(b)
No building shall be closer than 25 feet to another building;
provided that in any case sufficient distance between buildings shall
be provided to permit adequate access for fire fighting and other
emergency vehicles.
(c)
The maximum floor/area ratio for all buildings shall be 0.1
and the maximum lot coverage (buildings plus all other impervious
surfaces) shall not exceed 41.5%.
(d)
No building or structure shall exceed 2 1/2 stories and
35 feet in height provided, however, that if a lower height limit
is required by State and Federal regulations, then no building or
structure shall exceed such lower height limit.
(e)
Each individual use shall provide off-street parking according
to the following minimum provisions; the total number of required
parking spaces shall be obtained by computing individually the parking
requirements for each different activity and adding the resulting
numbers together:
(1)
One space for every 250 square feet of net habitable floor area
for permitted offices, the retail shop, waiting room areas, and all
other net habitable floor area not utilized as a hangar or dining
facility;
(2)
One space for every three seats within a dining area; and
(3)
One space for every 1,000 square feet or fraction thereof of
gross floor area utilized as a hangar.
(f)
Airports may have one free-standing sign not exceeding 75 square
feet in area to identify the airport. No sign shall interfere with
the flight of aircraft and all signs shall conform to all provisions
herein and shall be set back from all street and property lines at
least 50 feet and shall not exceed 15 feet in height. For each specific
activity occupying at least 750 square feet of segregated area having
direct access from the outside, a sign not exceeding eight square
feet in area identifying the name of the activity also shall be permitted
attached flat against the building at the entrance.
(g)
Any helicopter storage area and any helicopter hover area shall
be located south of the runway, shall be within the New Jersey Airport
Safety Zone and shall be within 750 feet of the runway center line.
(h)
All areas of the property not utilized by building(s) or paved
surfaces shall be landscaped as approved by the Planning Board in
order to lessen the visual impact of the facility and to prevent erosion
and drainage problems.
7.
Any and all development on the subject airport lands occurring after
May 16, 1996 shall conform to the following requirements for the Aviationside
Runway and Taxiway Acreage:
(a)
No structure, pavement or any other improvement shall be located
within 125 feet of the right-of-way line of State Route 206 or within
50 feet of any other property line, except that tie-down areas may
be located within 25 feet of the westerly property line of the airport
property if otherwise permitted by this subsection.
(b)
The runway shall not exceed 75 feet in width.
(c)
The length of the runway shall be 3,100 feet. Additional pavement
not exceeding 75 feet in width may be located at the eastern and western
ends of the runway to be designated and serve, respectively, as displaced
threshold and runway overrun areas. Collectively, the displaced threshold
and runway overrun areas shall not exceed 400 feet in length. The
portion of said additional 400 feet length of pavement designated
as displaced threshold or runway overrun shall be determined on the
basis of obstacle clearance and other safety considerations. The center
line of the runway shall not extend more than 600 feet to the west
of the intersection point between the center line of the runway and
the easterly lot line of Lot 43 in Tax Block 34001 (Montgomery Township
Tax Assessment Maps, Revised Edition 2003).
(d)
Since no buildings are permitted in the Aviationside Runway
and Taxiway Acreage, no floor/area ratio (F.A.R.) is provided or permitted.
(e)
The maximum lot coverage of the Aviationside Runway and Taxiway
Acreage shall be 20%.
8.
All development on the subject airport lands shall require major site plan approval in accordance with Section 16-8 of the Land Development Ordinance of the Township of Montgomery. The Airport Layout Plan (ALP) shall form the basis for the site plan submission, provided that all other information required by the Land Development Ordinance for a preliminary major site plan submission and for a final major site plan submission is included. Moreover, in addition to the information required for preliminary and final site plan submissions within Section 16-8 of this chapter, the following information specific to the airport shall be required:
(a)
The location, use and height above grade of any obstruction
in the area contiguous to the airport; within at least 3,000 feet
from the end of the runway and within at least 500 feet from each
side of the center line of the runway;
(b)
The proposed air traffic pattern, in both mapped and narrative
form;
(c)
A description and mapping of the location of the screening devices
and any other provisions to be made to safeguard the character of
surrounding areas and minimize noise, dust, vibration or any other
nuisances;
(d)
A description of fire fighting and other safety aids and equipment
to be provided; and
(e)
All site plans for the airport shall indicate existing facilities,
proposed facilities and probable future facilities, to the extent
known, in order that these factors may be considered in evaluation
the airport proposal in terms of future effects upon the surrounding
land and future land use patterns of Montgomery Township.
9.
Combined preliminary and final site plan approval by the Planning
Board shall provide that the zoning requirements applicable to the
combined preliminary and final site plan approval shall not be changed
for a period of 10 years and that the general terms and conditions
on which the combined preliminary and final approval was granted shall
not be changed including, but not limited to, use requirements, layout
and design standards, lot size, yard dimensions, off-tract improvements
and any other requirement(s) specific to the subject approval.
10.
All other applicable requirements of this chapter and all other applicable
laws of Montgomery Township shall apply.
m.
Drive-Through Windows for Restaurants.
1.
A drive-through window for a restaurant shall be permitted only if
the subject restaurant is part of a shopping center or is otherwise
associated with a shopping center with direct vehicular access thereto;
2.
A drive-through window for a restaurant shall be permitted only if
the subject restaurant does not have direct driveway vehicular access
to a public street;
3.
A drive-through window for a restaurant, accompanying driveway, and
associated signage shall be set back a minimum distance of 500 feet
from any lands zoned for residential development; and
4.
A drive-through window for a restaurant and associated signage shall
be provided landscaping to visually screen the window, signage and
driveway from adjacent properties.
n.
Commercially Licensed Vehicles and/or Pieces of Equipment Associated with a Home Occupation. Commercially licensed vehicles (e.g., cars, trucks, and other types of self-propelled road licensed motorized equipment) and/or other pieces of equipment (non-self-propelled, or self-propelled and not road licensed, but excluding push lawnmowers and other hand held pieces of equipment) shall be permitted when associated with a permitted Home Occupation in accordance with Subsection 16-6.7, of this chapter and subject to the following conditions:
1.
No more than an aggregate total of two such commercially licensed
vehicles and/or pieces of equipment shall be permitted;
2.
No commercially licensed vehicle shall exceed a rated capacity of
one ton on six wheels with two axles;
3.
No piece of equipment shall exceed a gross vehicle weight of four
tons; and
4.
All pieces of equipment and all commercially licensed vehicles shall
be garaged on-site when not in use.
o.
Restaurants in the REO-1 District.
1.
The lot used for the location of a restaurant shall directly abut
State Route 206, although vehicular access to the lot may be via Route
206 and/or an intersecting roadway, providing that the intersecting
roadway is classified as a type of collector on the adopted Traffic
Circulation Plan Element portion of the Township Master Plan.
2.
The lot shall be used solely for a restaurant and its appurtenances,
and no other additional use of the property shall be permitted.
3.
No building other than the principal restaurant building shall be
permitted; no accessory building shall be permitted and any existing
accessory building(s) shall be removed as a condition of site plan
approval.
4.
The minimum area and yard requirements for a restaurant in the REO-1
District shall be as follows:
|
Minimum Lot Area
|
4 ac.
|
|
Principal Building Minimums
| |
|
Lot frontage
|
350 feet
|
|
Lot width
|
350 feet
|
|
Lot depth
|
350 feet
|
|
Side yard
|
75 feet*
|
|
Front yard
|
75 feet**
|
|
Rear yard
|
75 feet*
|
|
Maximums
| |
|
Floor area ratio
|
0.15 F.A.R.
|
|
Total lot coverage
|
40%
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FOOTNOTES
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*
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Or not less than 200 feet where the boundary line of the yard
abuts a residential zoning district.
|
|
**
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Provided that an existing building used as a restaurant may
be set back less than 75 feet, but in no case less than 35 feet.
|
5.
Restaurants shall provide parking at the ratio of one parking space
per every three seats, and a floor plan of the restaurant and the
proposed seating shall be provided the Board for review and approval
as part of the site plan application.
6.
No parking shall be located within the front yard area established
for an existing or proposed building or within 50 feet of any rear
lot line or within 25 feet of any side lot line.
7.
One major sign, either freestanding or attached to the building,
shall be permitted for each 250 feet of unbroken frontage along Route
206 and any intersecting collector roadway. Each sign shall not exceed
50 square feet in area and shall be set back from all street and property
lines a distance equivalent to one linear foot for each 1 1/2
square feet of sign area.
8.
Each restaurant shall provide for off-street loading and unloading
with adequate ingress and egress from streets and with adequate space
for maneuvering, and shall provide such area(s) at the side or rear
of the building.
9.
No merchandise, waste, equipment or similar material or objects shall
be displayed or stored outdoors.
10.
There shall be at least one trash and garbage pick-up facility provided
for each restaurant which shall include provisions for recycling.
The location may be either within the restaurant building or outside.
If outside, the facility shall include a steel-like totally enclosed
container, situated on a cement floor and screened from view by a
fence or wall with appropriate plantings.
11.
All areas not utilized for buildings, parking, loading, access aisles,
pedestrian walkways and driveways shall be suitably landscaped with
a combination of deciduous trees, evergreen trees, shrubs, ground
cover and lawn area.
12.
Where existing vegetation is not sufficient to provide a year-round
visual screen between the development on the lot and abutting residential
zoning districts, and where no existing and previously approved parking
areas and access drives or roadways exist, additional vegetation shall
be planted to provide such a year-round visual screen.
13.
No building shall exceed 35 feet and 2 1/2 stories in height.
14.
All other provisions of this chapter which are not to the contrary
and which may be applicable to a submitted application for development
shall apply.
p.
Wireless Communication Facilities.
1.
WIRELESS COMMUNICATION
WIRELESS COMMUNICATION ANTENNA
WIRELESS COMMUNICATION TOWER
Definitions. As used in this paragraph, the following terms shall
have the meanings indicated:
Shall mean any personal wireless service as defined in the
Federal Telecommunications Act of 1996 ("FTA"); i.e., FCC-licensed
commercial wireless telecommunication services, including cellular,
PCS, SMR, ESMR, paging, and similar services that currently exist
or that may in the future be developed. "Wireless communication" does
not include any amateur radio facility that is under 70 feet in height
and is owned and operated only by a federally licensed amateur radio
station operator or is used exclusively to receive transmissions,
nor does it include any parabolic satellite antennas, nor does it
include non-wireless telephone service.
Shall mean any device which is used for the transmission
and reception of wave frequencies for the purpose of any wireless
communication as defined hereinabove. For the purposes of this subsection,
wireless communication antennas shall not be considered to be a public
utility.
Shall mean a free-standing monopole structure on which one
or more antennas are attached, but shall not mean existing structures
such as silos, steeples, cupolas or water tanks.
2.
Overall and Specific Purposes. The overall and specific purposes
of these provisions are as follows:
(a)
It is the overall purpose of these provisions to provide specific
zoning conditions, standards and limitations for the location, approval
and operation of wireless communication facilities within the Township
that recognize the need to safeguard the public good, health, safety
and welfare and preserve the intent and the purposes of the Montgomery
Township Master Plan and Land Development Ordinance.
(b)
It is understood by the Township that the Federal government,
through the Federal Communications Commission (FCC), issues licenses
for wireless communications, and that the FCC requires the license
holders to provide coverage within the areas so licensed.
(c)
However, it also is understood by the Township that the Federal
Telecommunications Act of 1996 ("FTA") expressly preserves the zoning
authority of the Township to regulate the placement, construction
and modification of personal wireless service facilities subject to
the six limitations noted at § 332 (c)(7)(B) of the FTA.
(d)
In this regard, the FTA does not abrogate local zoning authority
in favor of the commercial desire to offer optimal service to all
current and potential customers, and the providers of the personal
wireless services bear the burden of proving that any proposed service
facility is the least intrusive means of filling a significant gap
in wireless communication services in the area.
(e)
The specific purpose of these provisions is to allow for wireless
communication service facilities while, at the same time, limiting
the number of antennas and supporting towers to the fewest possible,
and only in those locations which do not negatively impact the prevailing
rural, residential character of the Township and the quality of life
enjoyed by its residents.
3.
Specific Goals. The specific goals of these provisions are as follows:
(a)
To minimize the total number of wireless communication towers
within the Township;
(b)
To limit the visual impact of wireless communication antennas,
towers and related facilities upon the residences and the streetscapes
throughout the Township;
(c)
To safeguard the prevailing rural, residential character of
development throughout the Township, with particular emphasis on maintaining
the prevailing character of the residential neighborhoods and the
historic districts and sites throughout the Township;
(d)
To encourage the location of antennas upon, or within, existing
structures including, but not limited to, existing towers, poles,
steeples and silos;
(e)
To encourage the collocation of antennas on the fewest number
of existing structures within the Township;
(f)
To encourage the wireless communication carriers to configure
their facilities in a manner that minimizes and mitigates any adverse
impacts upon affected properties, residences and residential neighborhoods,
streetscapes and viewsheds through careful design, siting, landscape
screening and innovative camouflaging techniques;
(g)
To encourage the use of available alternate technologies which
do not require the use of towers, or require towers at relatively
lesser heights;
(h)
To comply with the mandate of the Federal Telecommunications
Act of 1996, 47 U.S.C. § 332 (c) (7), which preserves local
government authority to enforce zoning requirements that protect public
safety, public and private property and community aesthetics.
4.
Exemptions of Applicability. This paragraph p shall not apply to
any tower or the installation of any antenna that is under 70 feet
high and is owned and operated only by a federally licensed amateur
radio station operator or is used exclusively to receive transmissions,
nor shall it apply to any parabolic satellite antennas or non-wireless
telephone services.
5.
Locations Where Wireless Communication Antennas May Be Sited. Wireless
communication antennas may be located only at the following two prioritized
locations and shall not be permitted elsewhere:
(a)
First Priority Locations: The first priority locations for wireless
communication antennas shall be on the existing towers, water tanks
and silos, or within the existing church steeples in the Township
of Montgomery identified in the chart and on the map in Addendum I[1] to this paragraph; antennas so located shall be permitted
uses in the zoning districts in which the identified existing structures
are located, notwithstanding any other provision of this Code to the
contrary, and
[1]
Editor's Note: Addendum I is included as an attachment to this chapter.
(b)
Second Priority Locations: The second priority locations for
wireless communication antennas shall be on new wireless communication
towers within the PPE, REO, MR/SI and LM zoning districts, and antennas
so located shall be conditionally permitted uses.
6.
Requirements for First Priority Locations.
(a)
Review Requirements for First Priority Locations:
(1)
Notwithstanding any other provision of this Code to the contrary,
the location and height of antenna(s) on, or within, any of the existing
structures within the Township identified in Addendum I, and any accessory
shelter/cabinet(s) enclosing the related electronic equipment, shall
be considered permitted uses in the subject zoning district and, therefore,
shall not require conditional use approval in accordance with N.J.S.A.
40:55D-67 of the Municipal Land Use Law, nor shall any variance be
required in accordance with N.J.S.A. 40:55D-70d of the Municipal Land
Use Law.
(2)
Moreover, the location and height of the antenna(s) on, or within,
any of the existing structures within the Township identified in Addendum
I[2], and any accessory shelter/cabinet(s) enclosing the related
electronic equipment, shall not require site plan approval, but shall
require the review and approval of a submitted conforming application
by the Montgomery Township Engineer in consultation with the Township
Land Use Planner.
[2]
Editor's Note: Addendum I is included as an attachment to this chapter.
(b)
General Design Requirements for First Priority Locations:
(1)
Any existing structure to which the antennas are to be attached
cannot be modified in appearance or extended in height.
(2)
The height of any proposed antenna extending above any existing
structure shall not exceed 10 feet and, if feasible, all antennas
shall be flush mounted antennas totaling no more than six in number.
(3)
Any proposed shelter/cabinet enclosing required electronic equipment
shall not be more than 15 feet in height nor more than 375 square
feet in area, and only one such shelter/cabinet shall be permitted
per carrier.
(4)
Any proposed shelter/cabinet shall be finished with an earth-tone
decorative finish, and the color of all antennas, ice bridges and
any other equipment associated with the proposed wireless communication
antennas also shall be of an earth-tone color.
(5)
Any required generator shall be located within the accessory
shelter/cabinet, and there shall be no noise emitted from the antennas,
shelter/cabinet and/or other accessory equipment at any residential
property line.
(6)
The antennas, shelter/cabinet and/or other accessory equipment
shall not have exterior lighting except that one light at the entrance
to the shelter/cabinet shall be permitted, provided that the light
shall not exceed 70 watts and shall be manually operated.
(7)
Between the shelter/cabinet and any adjacent property and/or
street, a landscape buffer at least 20 feet in width shall be provided
consisting of a combination of existing and/or newly planted evergreen
and deciduous trees and shrubs and designed, to the maximum extent
reasonably possible, to screen the view of the proposed shelter/cabinet.
(8)
No electronic equipment shall interfere with any public safety
communications.
(9)
All of the electronic equipment shall be automated so that the
need for on-site maintenance and the commensurate need for vehicular
trips to and from the site will be minimized.
(c)
Submission Requirements and Review Procedures For First Priority
Locations:
(1)
The applicant first shall meet with the Township Engineer and
the Township Land Use Planner to discuss the proposed location of
the wireless communication antennas, the proposed location and possible
landscape screening of any accessory shelter/cabinet(s) enclosing
the related electronic equipment, and any other construction that
may be proposed or required regarding the installation of the proposed
antennas.
(2)
In accordance with the instructions given to the applicant by
the Township Engineer and Township Land Use Planner at the time of
the meeting, the applicant thereafter shall submit plans and documentation
for review and approval by the Engineer and Planner.
(3)
The submitted plans shall be accompanied by documentation by
a qualified expert that the subject existing structure has sufficient
structural integrity to support the proposed antennas and that the
structural standards developed for antennas by the Electronic Industries
Association (EIA) and/or the Telecommunication Industry Association
(TIA) have been met.
(4)
Once approved by Township Engineer and the Township Land Use
Planner, the plans shall be signed by the Township Engineer, and no
construction permit shall be issued by the Township Construction Official
until he or she is in receipt of such signed plans.
(5)
An application fee of $200 and an escrow account of $2,500 shall
be provided by the applicant to Montgomery Township, with the escrow
account to pay for the time expended by the Township Engineer and
Township Land Use Planner.
7.
Submission Requirements For Second Priority Locations.
(a)
Regarding the second priority locations for wireless communication antennas (i.e., on lands within the PPE, REO, MR/RSI and LM zoning districts), any such proposed tower, antennas and related equipment shall require conditional use review and approval in accordance with the applicable requirements of Subsection 16-6.1 of this chapter, as well as preliminary and final site plan reviews and approvals in accordance with the applicable requirements of Section 16-8 of this Code.
(b)
The following information shall be submitted for site plan approval, and the referenced Subsections 16-6.1p8, 16-6.1p9, 16-6.1p10 and 16-6.1p11 contain the specific conditions, standards and limitations for wireless communication antennas on wireless communication towers in the Township:
(1)
In order to be declared complete, the initially submitted application shall include all of the applicable documentation and items of information identified on the Township's preliminary and final site plan application checklist referred to in Subsection 16-8.4 of this section;
(2)
In order to be declared complete, the initially submitted application shall include an Overall Comprehensive Plan in accordance with Subsection 16-6.1p8 of this section;
(3)
In order to be declared complete, the initially submitted site plan shall indicate conformance with all of the Area And Setback Conditions set forth in Subsection 16-6.1p9 of this section;
(4)
In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the Design Conditions set forth in Subsection 16-6.1p10 of this section;
(5)
In order to be declared complete, the initially submitted application shall include the Additional Conditions indicated in Subsection 16-6.1p11 of this section; and
(6)
During the public hearing process, the applicant shall schedule
the time for a crane test with the Township's Planning/Zoning Department
in order to provide the members of the Planning Board or Zoning Board
of Adjustment, as the case may be, and the general public the opportunity
to view a crane at the location and height of the proposed tower.
Thereafter, a visual sight distance analysis shall be prepared by
the applicant and presented to the Board, including photographic reproductions
of the crane test, graphically simulating the appearance of the proposed
tower, with at least three antenna arrays attached thereto and from
at least 15 locations around and within one mile of any proposed tower
where the tower will be most visible.
8.
Overall Comprehensive Plan for Second Priority Locations.
(a)
In order to effectuate the purposes, objectives and goals of
these provisions, any applicant for approval to erect a new supporting
tower for wireless communication antennas shall demonstrate that the
proposed location of the tower and antennas has been planned to result
in the fewest number of towers within and around the Township of Montgomery
at the time full service is provided by the applicant.
(b)
The applicant shall provide an overall comprehensive plan indicating
how it intends to provide full service within and around the Township
of Montgomery and, to the greatest extent possible, shall indicate
how its plan specifically relates to and is coordinated with the needs
of all other providers of wireless communication services within and
around the Township.
(c)
The overall comprehensive plan shall indicate the following,
and this information shall be provided at the time of the initial
submission of the application:
(1)
The mapped location and written description of all existing
and approved supporting towers for all providers of wireless communication
services within two miles of the subject site, both within and outside
of the Township;
(2)
The mapped location and written description of all existing
or approved water towers or water standpipes and existing high tension
power line stanchions within two miles of the subject site, both within
and outside of the Township;
(3)
Why the proposed antennas could not be located on any one or
more of the structures listed and mapped in Addendum I[3] attached to these provisions;
[3]
Editor's Note: Addendum I is included as an attachment to this chapter.
(4)
How the proposed location of the proposed antennas specifically
relates to the anticipated need for additional antennas and supporting
structures within and near the Township by the applicant and by other
providers of wireless communication services within the Township;
(5)
How the proposed location of the proposed antennas specifically
relates to the objective of collocating the antennas of many different
providers of wireless communication services on a single supporting
structure; and
(6)
How the proposed location of the proposed antennas specifically
relates to the overall objective of providing adequate wireless communication
services within the Township while, at the same time, limiting the
number of towers to the fewest possible, including alternate technologies
which do not require the use of towers or require towers of a lesser
height.
9.
Area and Setback Requirements for Second Priority Locations.
(a)
The proposed tower, antennas and ancillary related electronic
equipment are required to be located on a land area no less than 20,000
square feet;
(b)
The minimum required land area shall either be a separate undeveloped
lot or a leased portion of an existing undeveloped or developed lot;
(c)
The proposed tower, antennas and related equipment, and any
approved building housing the electronic equipment and any approved
camouflaging of the tower, shall be the only land uses located on
the required 20,000 square foot land area, whether a separate lot
or a leased portion of a lot; and
(d)
Except for any access driveway into the property, required landscaping
and any underground utility lines reviewed and approved by the Planning
Board or Zoning Board of Adjustment, as the case may be, as part of
the site plan submission, no building, tower, other structure and/or
disturbance of land shall be permitted within the following areas:
(1)
Within 100 feet of any street line;
(2)
Within 200 feet of any lot line other than a street line;
(3)
Within 1,000 feet of an historic district or site as duly designated
by Montgomery Township, Somerset County, the State of New Jersey and/or
by the Federal government;
(4)
Within 500 feet of any existing residential dwelling unit; and
(5)
Within 750 feet of any residential district boundary line.
10.
Design Conditions for Second Priority Locations.
(a)
All towers shall be a monopole design.
(b)
Unless determined by the Planning Board or Zoning Board of Adjustment,
as the case may be, not to be compatible with the particular characteristics
of the subject site and the surrounding land areas, all towers shall
be camouflaged (e.g., housed in a silo, bell tower, etc., or made
to look like a tree or a non- oversized flagpole) as may be appropriate
in the context of the visibility of the tower from different vantage
points throughout the Township and the existing land uses and vegetation
in the vicinity of the subject site.
(c)
The minimum height of any proposed antennas and the supporting
tower necessary for the proposed antennas to satisfactorily operate
to fulfill the established gap in service shall be demonstrated by
the applicant to the satisfaction of the Planning Board or Zoning
Board of Adjustment, as the case may be, and the antennas and tower
may be approved by the Board not to exceed that height, provided and
except as follows:
(1)
Except in instances where a higher tower height is determined
by the Board to be advisable for the future collocation of other carriers
on the tower, the Board shall not approve a height of the tower and
the antennas attached thereto greater than 125 feet from the existing
ground level beneath the tower.
(2)
In an instance where the Board determines that a higher tower
height is advisable for future collocation purposes, the Board may
require the applicant to construct the tower to accommodate future
ten-foot extensions not to exceed an overall tower and antenna height
of 135 feet.
(d)
Only signage for the purpose of providing safety warnings shall
be permitted.
(e)
No more than two off-street parking spaces shall be permitted.
(f)
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
The applicant shall provide to the Planning Board or Zoning Board
of Adjustment, as the case may be, all applicable FAA standards regarding
lighting that may apply to a proposed tower.
(g)
Individual shelter/cabinets for the required electronic equipment
related to the wireless communications antenna(s) shall be permitted
in accordance with the following design criteria:
(1)
Any proposed shelter/cabinet enclosing required electronic equipment
shall not be more than 15 feet in height nor more than 375 square
feet in area, and only one such shelter shall be permitted for each
provider of wireless communication services located on the site unless
additional shelter/cabinets are specifically approved by the Planning
Board or Zoning Board of Adjustment, as the case may be.
(2)
No electronic equipment shall interfere with any public safety
communications;
(3)
All of the electronic equipment shall be automated so that the
need for on-site maintenance and the commensurate need for vehicular
trips to and from the site will be minimized; and
(4)
All of the shelter/cabinets for the required electronic equipment
for all anticipated communication carriers to be located on the subject
site shall be housed within a single building not exceeding one and
1 1/2 story and 25 feet in height and 2,000 gross square feet
in area, and which shall be designed with a single-ridge, pitched
roof with a residential or barn-like appearance.
(i)
The building may have one light at the entrance
to the building, provided that the light is attached to the building,
is focused downward and is switched so that the light is turned on
only when workers are at the building.
(ii)
Any required generator shall be located within
the building, and there shall be no perceptible noise emitted from
the antennas, shelter/cabinets and/or other accessory equipment at
any residential property line.
(h)
In order to screen the base of the tower and the building enclosing
related electronic equipment from any public street, residential dwelling
unit and/or residential zoning district, landscaping shall be provided
in accordance with the following:
(1)
The landscaping shall consist of a combination of existing and/or
newly planted evergreen and deciduous trees and shrubs of sufficient
density to screen the view of the base of the tower during all four
seasons of the year to the maximum extent reasonably possible, and
to enhance the appearance of the building from the surrounding residential
properties and any public street;
(2)
The landscaping plan shall be prepared by a licensed landscape
architect who shall demonstrate to the Planning Board or Zoning Board
of Adjustment, as the case may be, that the base of the tower and
the building enclosing related electronic equipment will be screened
from view and that the appearance of the building will be enhanced;
and
(3)
Any newly planted evergreen trees shall be at least eight feet
high at time of planting, and any newly planted deciduous trees shall
be a minimum caliper of three inches at time of planting.
11.
Additional Conditions for Second Priority Locations.
(a)
Documentation by a qualified expert that any proposed tower
will have sufficient structural integrity to support the proposed
antennas and the anticipated future collocated antennas and that the
structural standards developed for antennas by the Electronic Industries
Association (EIA) and/or the Telecommunication Industry Association
(TIA) have been met; and
(b)
A letter of intent by the applicant, in a form that is reviewed
and approved by the Planning Board or Zoning Board Attorney, as the
case may be, indicating that the applicant will share the use of any
tower with other approved wireless communication carriers at reasonable
rates that are consistent with prevailing market rates.
12.
Location Preferences for New Towers. The following are not conditions,
standards and limitations for the location of wireless communication
towers, but are preferences of the Township:
(a)
To the greatest extent possible, no tower shall be located to
be visible from any street.
(b)
To the greatest extent possible, any tower shall be located
behind existing buildings and/or natural topographic elevations in
order to screen the tower from view from adjacent properties and from
any street right-of-way.
13.
Other Requirements for Second Priority Locations.
(a)
All other applicable requirements of this paragraph p not contrary
to the conditions, standards and limitations specified herein shall
be met, but waivers and/or variances of such other applicable requirements
may be granted by the Planning Board or Zoning Board of Adjustment,
as the case may be.
(b)
Any wireless communication facility not used for its intended
and approved purpose for a period of six months shall be considered
"no longer operative" and shall be removed by the responsible party
within 60 days thereof.
14.
Technical Review for Second Priority Locations. In addition to its
normal professional staff, given the technical and specialized nature
of the testimony by the applicant's radio frequency expert(s), the
Planning Board or the Zoning Board of Adjustment, as the case may
be, at the applicant's expense, hire its own radio frequency expert
to review and comment upon the testimony presented by the applicant.
Additionally, based upon other testimony presented by the applicant,
the Planning Board or the Zoning Board of Adjustment, as the case
may be, may hire other experts with specialized areas of expertise
if deemed necessary, also at the applicant's expense.
15.
Application for Use Variances to the Zoning Board. Any application
submitted to the Montgomery Township Zoning Board of Adjustment for
a use variance to construct or install wireless communication antennas
and/or a new wireless communication tower in a location not permitted
by these provisions or for a variance from any of the conditions,
standards and limitations established for second priority locations
in this subsection shall be required to submit all of the information
required herein for second priority locations, and no such application
shall be deemed complete unless all of the required information is
provided or unless the need to provide the required information is
specifically waived by the Zoning Board of Adjustment.
q.
Veterinary Clinics for Small Household Pets.
1.
The veterinary clinic shall provide medical treatment to small household
pets only; no boarding facilities shall be permitted except as ancillary
to the medical use, and no outside dog or animal runs or the keeping
of animals outside the veterinary clinic shall be permitted.
2.
The subject lot shall be located in the R-2 District only and shall
be a corner lot at least 2 1/2 acres in area with frontage on
Route 206 and an intersecting Collector public road as shown on the
Traffic Circulation Plan Element portion of the Township Master Plan.
3.
The driveway access to the veterinary clinic shall be limited to
the Collector road that intersects with Route 206, and the driveway
shall be set back at least 200 feet from the Route 206/Collector road
intersection; there shall be no driveway access to Route 206.
4.
Only one principal building shall be permitted, and the principal
building shall not exceed a floor/area ratio (F.A.R.) of 0.033, provided
that no principal building shall exceed 3,600 gross square feet in
area.
5.
In addition to the one principal building, no more than one accessory
building shall be permitted, which shall not exceed 150 square feet
in area.
6.
All buildings shall be set back a minimum of 100 feet and an average
of 125 feet from the Route 206 right-of-way, shall be set back at
least 90 feet from the Collector road right-of-way, and shall be set
back at least 60 feet from any rear or side yard property line.
7.
A continuous and uninterrupted landscaped buffer screening at least
50 feet in depth shall be provided along the entirety of all lot lines
facing Route 206 and the intersecting Collector road, and the buffer
shall consist of any existing vegetation supplemented with additional
conifer trees, at least eight feet high at time of planting, as determined
by the Planning Board to be necessary.
8.
Except for the planting of any required landscaped buffer screening
along the Route 206 frontage, no other land development or disturbance
shall be permitted within 75 feet of the Route 206 right-of-way, and
this non-development and non- disturbance area shall be dedicated
in fee to the Township of Montgomery.
9.
No more than one principal veterinarian and one back-up veterinarian
shall be associated with the veterinary clinic, and no more than one
veterinarian shall be working on the premises at any given time.
10.
The design of the proposed buildings shall adhere to the following
limitations, and architectural elevations and floor plans of the buildings
shall be submitted to the Planning Board for its review and approval
as part of the conditional use and site plan applications:
(a)
All buildings shall have a pitched, single-ridge roof design;
(b)
The veterinary clinic building shall resemble a typical single-family
detached dwelling, with a colonial or barn-like structure;
(c)
No more than three patient examination rooms shall be provided;
(d)
The veterinary clinic building shall have no more than one principal
entry at the front of the building to be utilized by clients and their
pets, plus one additional front door which is to be used primarily
for client/pet egress from the building, but which also may be used
for access into the building by handicapped clients with their pets;
(e)
A third door may be provided at the rear of the building for
access to the office and any permitted basement, provided that the
third door shall only be used for emergency access/egress, for access
into the building by maintenance/supply firms and service workers,
for use by staff personnel walking pets, and for removal of deceased
pets;
(f)
Any attic or basement area shall be unfinished and uninhabitable
and shall be used only for the location of HVAC and similar mechanical
equipment for the building and/or for the ancillary storage of equipment
and supplies used in the operation of veterinary clinic;
(g)
All windows in the veterinary clinic building shall be those
typically found in a single-family detached dwelling; and
(h)
The heights of the building(s) shall be as follows:
(1)
The veterinary clinic building shall not exceed 28 feet in height
if it contains 1 1/2 stories or less, and the building shall
not exceed 35 feet in height if it contains more than 1 1/2 stories,
provided that the building shall not contain more than 2 1/2
stories in any case; and
(2)
The permitted accessory building shall not exceed 17 1/2
feet and one story in height.
11.
Off-street parking spaces shall be provided at the ratio of one parking
space per each 200 square feet of gross floor area of the veterinary
clinic building, and no parking area shall be located within 40 feet
from the Collector road right-of-way and within 75 feet from any rear
or side property line.
12.
No sign other than a nameplate not more than three square feet in
area shall be permitted, and the sign either shall be attached to
a postal box located on the intersecting Collector road adjacent to
the driveway or shall be hung from a typical residential lamppost
located adjacent to the driveway and set back at least five feet from
the Collector road right-of-way.
13.
In addition to typical residential-type lighting fixtures at the
two doorways into the veterinary clinic office building and a lamppost,
additional lighting shall be permitted in the parking lot area and
along the sidewalks between the office building and the parking lot
area only, which shall consist of bollard-type fixtures no more than
four feet in height. Lighting shall be of minimal intensity for safety
purposes and shall be operated only when the veterinary clinic is
open. No flood lighting shall be permitted on the property.
14.
Any fencing provided along the perimeter of the property within 25
feet of any property line shall be a wooden, split rail fence no more
than four feet in height.
15.
All other nonconflicting and applicable requirements of this chapter
for the development of single-family detached dwellings in the R-2
District shall apply.
r.
Animal Education, Care and Adoption Facilities.
1.
Animal education, care and adoption facilities shall be located on
tracts of land at least five acres in size within a portion of the
PPE District which also is within the Landmarks Preservation Overlay
Area as indicated on the Montgomery Township Zoning Map.
2.
The essential purpose of an animal education, care and adoption facility
shall be to provide shelter and care for homeless dogs and cats and
reduce unnecessary euthanasia of adoptable pets.
3.
Any historic principal building existing on a tract of land to be
used for an animal education, care and adoption facility shall be
maintained and rehabilitated and be used as part of the facility.
There shall be no height limitation for any existing historic principal
building which is being restored to its original historic condition,
inclusive of any original part of the historic principal building
which had been removed or damaged, provided that the height and restoration
of the historic building is consistent with the original historic
building and necessary for its true historic restoration, as verified
by the Township Landmarks Preservation Commission.
4.
More than one principal building shall be permitted, provided that
the total size of the facility, including any rehabilitated existing
historic principal building, any addition thereto, and any other principal
building to be constructed, shall not exceed 20,000 gross square feet
in area.
5.
All activities shall be conducted indoors, except that a designated
outdoor socialization area shall be permitted where the animals may
be walked and exercised during the day and where prospective adopters
of a pet may interact with the animals.
6.
The rehabilitation of any existing historic building on the tract
and any proposed expansion of the existing historic building shall
be conducted in accordance with the Guidelines for Rehabilitation
contained in the Secretary of Interior's Standards for the Treatment
of Historic Properties and, to the extent practicable, shall be reflective
of the original architecture of the subject building.
7.
No new building or parking area shall be situated in front of an
historic building.
8.
The architectural design of any proposed new building shall be in accordance with the applicable provisions of Section 16-13 of this Land Development chapter for development within the Landmarks Preservation Overlay Area, shall be compatible with the historic character of the site, and shall preserve the historic relationship between the buildings and the landscape. No new principal building or new addition to an existing building shall exceed 35 feet in height, except that uninhabited roof structures for the housing of stairways, tanks, ventilating fans, air conditioning or similar equipment required for the operation and maintenance of the building, skylights, spires, cupolas, flagpoles, chimneys or similar uninhabited structures associated with the building may be erected above the height limit, but in no case more than 25% more than the maximum height permitted.
9.
Proposed architectural elevations and floor plans of all buildings
on the site shall be provided to the Township for review and approval
as part of the submitted conditional use and site plan applications.
10.
In accordance with Subsection 16-13.16a of this Land Development chapter, the submitted conditional use and site plan applications, including the proposed architectural elevations and floor plans, shall be submitted to the Montgomery Township Landmarks Preservation Commission for its review.
(a)
The Landmarks Preservation Commission shall provide its advice
and recommendations to the Planning Board in a written communication;
and
(b)
The advice and recommendations of the Landmarks Preservation
Commission shall not be disregarded by the Planning Board except for
reasons stated on the record.
11.
Off-street parking, signage, lighting and landscaping shall be as
specifically approved by the Planning Board in consideration of the
needs of the proposed use, the physical characteristics of the subject
tract of land, the need to safeguard the prevailing character of the
surrounding residential neighborhood and any recommendations of the
Montgomery Township Landmarks Preservation Commission.
12.
All other applicable requirements of this Land Development chapter
not contrary to the specific conditions and standards specified herein
shall be met, but waivers and/or variances of such other applicable
requirements of this chapter may be granted by the Planning Board.
s.
Self Service Storage Facilities in the REO-3 District.
1.
Self service storage facilities shall be located on tracts of land
at least 7 1/2 acres in size, but not more than 10 acres in size,
which tract shall be located only within the designated "Airport Safety
Zone" within that portion of the REO-3 District south of the Princeton
Airport runway.
2.
Each tract of land shall have vehicular access directly to State
Route 206, or indirectly to State Route 206 via a public street providing
access to nonresidential uses only.
3.
Each tract of land shall have at least 500 feet of vehicular access
frontage along a public street and shall have at least 500 feet of
depth.
4.
All buildings and parking areas shall be set back at least 1,000
feet from State Route 206.
5.
All buildings and parking areas shall be set back at least 60 feet
from all street lines and at least 30 feet from all other property
lines, except that not more than four parking spaces shall be permitted
in the front portion of the property associated with the sales office,
provided that such spaces are set back at least 30 feet from the street
line.
6.
More than one building is permitted, providing that a minimum separation
distance of 25 feet shall exist between all buildings on the site,
and provided further that the minimum separation distance shall increase
to at least 30 feet when the separation distance includes any parking
of vehicles.
7.
Each self service storage facility shall have one accessory office,
no larger than 1,000 square feet in area, and one accessory apartment
above the sales office for an on-site manager of the facility, which
apartment shall not contain more than two bedrooms.
8.
The storage buildings and the sales office/manager's apartment building
shall not exceed the following dimensions:
(a)
No storage building shall exceed 15 feet and one story in height;
(b)
No storage building shall exceed 300 feet in length, except
that one building parallel and closest to the access road to the site
may be up to 380 feet in length if it is located and aesthetically
finished to screen the interior of the development;
(c)
No storage building shall exceed 15,000 gross square feet in
area; and
(d)
The sales office/manager's apartment building shall not exceed
35 feet and 2 1/2 stories in height, except as provided in Subsection
16-6-2 of this chapter.
9.
The maximum permitted floor area ratio (F.A.R.) shall be 0.175 and
the maximum lot coverage shall be 45%.
10.
Any self service storage facility shall be used for storage purposes
only in accordance with the following limitations and restrictions,
and the rental contracts for the storage of articles on-site shall
include the following language:
(a)
There shall be no repairs or servicing of stored articles on-site;
(b)
There shall be no business activity conducted from the site
other than the rental of storage space and the incidental sale of
locks, storage boxes and related material by the owner/operator of
the self service storage facility; and
(c)
No flammable or hazardous materials, including but not limited
to, propane, gasoline, paint, or paint remover, or any item containing
such material, shall be stored anywhere on the site.
11.
No outside storage shall be permitted, except that the Planning Board
may permit the outside storage only of recreational vehicles, camping
trailers, boats, snowmobiles and/or personal watercraft on trailers,
provided that the following limitations and requirements are met:
(a)
The stored recreational vehicles, camping trailers, boats, snowmobiles
and/or personal watercraft on trailers are personal property being
stored for noncommercial use only;
(b)
No stored recreational vehicle, camping trailer, boat, snowmobile
and/or personal watercraft on trailer shall exceed 15 feet in height
measured from the ground level upon which the item(s) are located;
and
(c)
The outside storage area is located in an area of the site not
visible to the public.
12.
All buildings on the site shall be designed and constructed in accordance
with the following requirements:
(a)
All buildings shall be designed and constructed with a compatible
architectural design;
(b)
All buildings shall have a pitched roof design; no building
shall have a flat roof;
(c)
All portions of all buildings and walls visible to the public
shall be suitably finished for aesthetic purposes; and
(d)
All buildings shall be finished with earth tone colors only.
13.
Access to the storage units shall only be permitted when the on-site
manager is present between the hours of 7:00 a.m. and 7:00 p.m. daily,
except that access during other hours shall be permitted for no more
than 10% of the total number of tenants who have been provided special
access codes to operate the entrance gate.
14.
A minimum of four off-street visitor parking spaces, or the number
of spaces equivalent to one space for every employee plus one space
for every 200 storage units, whichever is greater, shall be provided
proximate to the office and outside the security enclosure.
15.
One trash enclosure shall be provided on-site, adequate in size for
the solid waste generated by the sales office and the on-site manager's
apartment, and accommodating the Somerset County recycling requirements;
the trash enclosure shall be adequately screened from public view.
16.
The on-site traffic circulation shall be designed to permit the safe
and convenient maneuvering of large trucks, including emergency vehicles.
17.
One free-standing sign and one attached sign shall be permitted in
accordance with the following, and additional signage may be permitted
by the Planning Board for good cause shown by the applicant:
(a)
The free-standing sign shall not exceed 10 feet in height and
75 square feet in area and shall be set back at least 20 feet from
all property and street lines; and
(b)
The attached sign shall be attached flat against the front wall
of the office building and shall not exceed 5% of the front facade
of the office building or 30 square feet, whichever is less.
18.
The entire perimeter of any self-service storage facility, excluding
the access driveway(s), the permitted freestanding sign, the required
visitor parking spaces and the sales office/manager's apartment building,
but including any approved area for the outside storage of recreational
vehicles, camping trailers, boats, snowmobiles and/or personal watercraft
on trailers, shall be completely enclosed for security purposes by
buildings augmented by either walls and/or fencing.
19.
All outdoor lighting shall be shielded and focused directly downward
and shall be in accordance with the following:
(a)
Within the enclosed area, lighting shall be attached to buildings
no higher than 15 feet from the finished grade below and each fixture
shall not exceed 100 watts;
(b)
Within the visitor parking area and the access driveway(s) the lighting shall be in accordance with the design standards specified in Subsection 16-5.4b of this chapter;
(c)
After closing, or in any case after 9:30 p.m., only limited
lighting shall remain on for security purposes, and the submitted
lighting plan to be reviewed and approved by the Planning Board shall
specify which fixtures are to remain lighted; and
(d)
Wherever possible, lighting within the storage buildings shall
be manually operated with 15 to 30 minute timers, and the submitted
lighting plan to be reviewed and approved by the Planning Board shall
specify which fixtures are to be operated with such manual timers.
20.
Except for the access driveway(s) to the site and the permitted freestanding
sign, there shall be no development within the required front, side
and rear yard setbacks, and all existing vegetation shall be maintained
and augmented as necessary in order to screen all portions of the
property from public view, except that the sales office/manager's
apartment building, the guest parking and the sign need not be screened
from public view, but, instead, lawn area and a variety of evergreen
and deciduous trees and shrubbery and trees shall be provided.
21.
No detention basin shall be located within the required front yard
setback area.
t.
Automobile Service Centers.
1.
The primary purpose of this zoning ordinance provision is to permit,
under certain conditions, for those car dealerships with limited land
area in the HC Zoning District to develop an automobile service center
in the adjacent REO-3 District. Service centers have become a typical
ancillary use to dealerships to serve their customers, and the ability
to provide this customer service will help the dealerships remain
viable. By conditionally permitting service centers, the Township
is promoting the purposes of the Municipal Land Use Law including
encouraging municipal action to guide the appropriate land uses and
providing sufficient space in appropriate locations for commercial
uses to meet the needs of the community. This paragraph also promotes
the policies of the Township Master Plan including concentrating commercial
development in two commercial nodes and enacting regulations to control
commercial expansion which is necessary to accommodate modern commercial
activities.
2.
Automobile service centers shall be permitted in the REO-3 Zoning
District only, provided that they are affiliated with and operated
by car dealership(s) in the HC Zoning District, and provided further
that the automobile service center is no further than 1,500 feet from
the affiliated car dealership(s).
3.
Access must be situated to accommodate safe traffic circulation,
including the provision of an easement or dedication of right-of-way
to Montgomery Township for any future Master Plan Road. The developer
of the automobile service center shall construct the roadway improvements
in their entirety on the subject site.
4.
A building containing an automobile service center use shall be limited
to that principal use only, and the maximum FAR shall be 0.160 for
non-critical acreage plus 0.032 for critical acreage.
5.
Accessory and ancillary uses permitted for an automobile service
center shall be offices, service counters, lounges and other amenities
for customers waiting for their automobiles to be serviced, service
bays, car washes, storage of parts and supplies, a showroom not exceeding
2,500 square feet in size, signs, and off-street parking, including
parking for automobiles awaiting repair.
6.
No automobile sales shall be permitted at the automobile service
center. However, the outside storage of new cars for sales at the
related car dealership(s) in the HC Zoning District shall be permitted,
provided that the vehicle storage area shall not be accessible to
the public and is adequately screened from view.
7.
No merchandise, products, equipment or similar material and objects
shall be displayed or stored outside, except for outside storage areas
for automobiles as permitted above and in accordance with the following:
8.
Within 50 feet of any property line common with a residential zoning
district or use, no parking area, loading area, driveway or other
structure, except fencing integrated with the landscape plan and as
approved by the Board, shall be permitted, and a minimum buffer screening
shall be required within the setback area in accordance with the following:
(a)
The buffer screening shall be at least 25 feet in width; and
(b)
The buffer screening shall consist of densely planted evergreen
trees at least six feet high at time of planting and spaced no more
than 10 feet apart on-center. Where environmental conditions permit,
earthen berms at least two feet in height shall be provided.
9.
Off-street parking and loading areas shall be screened from public
view and from adjacent properties to the maximum extent feasible.
10.
Buildings with more than one street frontage shall be designed to
have a front facade facing each frontage, and all sides of a building
shall be architecturally designed to be consistent regarding style,
materials, colors and details.
11.
The mechanical equipment serving the building(s) shall be screened
from public view by the design of the building and/or by landscaping
features integrated with the overall design of the building(s).
12.
All of the other area, yard and general requirements of the REO-3
Zoning District and all other applicable provisions of this chapter
which are not to the contrary shall apply. However, relief, if requested
from any of the REO-3 bulk zoning provisions, shall be considered
under N.J.S.A. 40:55D-70c of the Municipal Land Use Law because they
are not considered conditions of a conditional use.
[Ord. #2015-1487 S 4]
u.
Support Group Facility.
1.
Support group facilities shall be located on tracts of land at least
three acres in size.
2.
The principal purpose of a support group facility shall be to provide
meeting space for support groups and counseling services to the general
public, including residents of Montgomery Township and Somerset County.
3.
Accessory permitted uses for a support group facility shall be social,
recreational and dining uses, such as speakers, holiday gatherings,
dances, plays and picnics, for the members of the recovery community
and their guests of the facility.
4.
All activities shall be conducted within the social services facility,
except that a designated outdoor socialization area in the rear or
side yard shall be permitted where members and guests may socialize.
Temporary recreational activities within the front yard are permitted,
but temporary structures such as tents, must be in the side or rear
yard only. The facility shall comply with all local ordinances including
noise and the close of the facility shall be by 11:00 p.m.
5.
Where a social services facility is provided as a principal use in
this chapter, the following area and yard requirements shall apply:
(a)
Principal Building Minimum:
|
Principal Building Minimum:
| |
|---|---|
|
Lot area
|
3 ac.
|
|
Lot frontage
|
200 feet
|
|
Lot width
|
200 feet
|
|
Lot depth
|
300 feet
|
|
Side yard (each)
|
100 feet
|
|
Front yard
|
100 feet
|
|
Rear yard
|
70 feet
|
(b)
Accessory Building Minimum:
|
Accessory Building Minimum:
| |
|---|---|
|
Distance to side line
|
50 feet
|
|
Distance to rear line
|
50 feet
|
|
Distance to other building
|
50 feet
|
(c)
Coverage Maximums:
|
Coverage Maximums:
| |
|---|---|
|
Building coverage
|
10%
|
|
Lot coverage
|
50%
|
8.
Off-street parking. Adequate parking shall be provided to accommodate the permitted activities and the amount and location of the off-street parking shall be subject to approval by the Planning Board. (See Subsection 16-5.8 for the design requirements for off-street parking, loading areas, and driveways).
(a)
No parking area or driveway shall be located within five feet
of the rear and side property lines. No parking area is permitted
within the front yard.
9.
All other applicable requirements of this Land Development chapter
not contrary to the specific conditions and standards specified herein
shall be met, but waivers and/or variances of such other applicable
requirements of this chapter may be granted by the Planning Board
because they are not considered conditions of a conditional use.
[Ord. No. 17-1556 § 3]
[Ord. #85-482, S 602; Ord. #88-584, S V D; Ord. #91-716,
S 4; Ord. #92-759, S 5; Ord. #93-781, S 7; Ord. #00-993, S 1; Ord.
#01-1050, S 8]
a.
Christmas Tree Sale. The annual sale of Christmas trees is permitted
in the VN, NC and HC Zones between December 1 and December 25, inclusive.
All trees not sold shall be removed and the premises cleared no later
than January 1.
b.
Height Limits. Penthouses or roof structures for the housing of stairways,
tanks, ventilating fans, air conditioning or similar equipment required
for the operation and maintenance of the building, skylights, spires,
cupolas, flagpoles, chimneys or similar structures associated with
buildings in the HC, NC, REO-1, REO-2, REO-3 and MFG Districts may
be erected above the height limits prescribed by this chapter, but
in no case more than 20% more than the maximum height permitted for
the use in the district. Chimneys on residential dwellings and silos
and barns associated with farming shall have no height restrictions.
c.
Parking of Commercial Vehicles in Residential Zones.
1.
One registered commercial vehicle of a rated capacity not exceeding
one ton on four wheels, owned or used by a resident of the premises,
shall be permitted to be regularly parked or garaged in any residential
district, provided that said vehicle is parked in a side or rear yard
area of the premises at least 10 feet from the property line, which
area is relatively unexposed to neighboring properties and is screened
from neighboring properties by plantings at least five feet in height.
2.
For purposes of this subsection, a commercial vehicle is a bus and/or vehicle containing advertising matter intended to promote the interest of any business, whether or not said vehicle is registered as a commercial vehicle with the New Jersey Division of Motor Vehicles, except that this provision shall not be deemed to limit the number of commercial trucks or cars used on a farm or the construction equipment used on a site for construction purposes, and except further that vehicles associated with a home occupation shall meet the requirements specified in Subsection 16-6.7 of this chapter.
d.
Parking of Trailers and/or Campers in Residential Zones.
1.
Trailers,[1] motor homes, horse trailers, boat trailers, ATV and motorcycle trailers may be parked or stored only in a rear or side yard area at least 10 feet from the property line which area is relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five feet in height. The dimensions of such vehicles and trailers shall not be counted in determining building coverage. Except as otherwise provided below in Subsection 16-6.2d2, such vehicles and trailers shall not be used for temporary or permanent living quarters while situated on the lot.
[1]
See N.J.S.A. 40:55D-102k for definition of trailers.
2.
Trailers and motor homes only, may be used for temporary living quarters
subject to the Construction Official's issuance of a temporary certificate
of occupancy therefor and the following conditions:
(a)
The trailer or motor home is to be situated on a lot in the
R-1, R-2, R-5, MR, MR/SI or PPE Districts already having an occupied
single-family dwelling which, by virtue of flood, fire, tornado, hurricane
or other calamity has been rendered uninhabitable, or, by virtue of
proposed renovations, will be temporarily uninhabitable, provided
that the Construction Official certifies as to the circumstances of
the dwelling's uninhabitabililty;
(b)
The trailer or motor home is no greater than 450 square feet
in size;
(c)
The trailer or motor home shall not be placed on a permanent
foundation or otherwise permanently anchored to the ground;
(d)
The tires on the trailer or motor home shall not be removed;
(e)
The trailer or motor home shall not be occupied for a period
in excess of 60 days, except that if the Construction Official finds
that the renovations or reconstruction of the unhabitable dwelling
are being completed with reasonable diligence, the Construction Official
may extend the period of temporary occupancy of the trailer or motor
home for an additional period not to exceed 60 days;
(f)
Upon issuance of a certificate of occupancy or temporary certificate
of occupancy for the dwelling, the use of the trailer or motor home
for temporary residency shall cease;
(g)
Only the occupants of the single family dwelling may temporarily
reside in the trailer or motor home;
(h)
The Construction Official shall verify that the trailer or motor
home has a working telephone, which may be cellular, and electrical
service before its temporary occupancy occurs;
(i)
The Health Officer (or his/her designee) shall verify that the
trailer or motor home has a potable water supply and that the trailer
or motor home is temporarily connected to the existing dwelling's
method of sanitary disposal, whether it be an individual subsurface
disposal system or sewer;
(j)
The Health Officer (or his/her designee) shall verify that the
existing dwelling is temporarily disconnected or separated from its
method of sanitary disposal during the period of temporary connection
by the trailer or motor home;
(k)
If the Health Officer (or his/her designee) determines that
the individual subsurface disposal system or sanitary sewer, as the
case may be, serving the dwelling is in need of repair or alteration,
the repair or alteration must be completed prior to temporary occupancy
of the trailer or motor home;
(l)
The placement of the trailer or motor home on the lot shall
conform to the minimum setback requirements for a principal dwelling
in the district in which the property is located, except that if,
in the Construction Official's opinion, the trailer or motor home
cannot reasonably be located in conformance with the setback requirements
for a principal dwelling, it shall be located in conformance with
the setback requirements for an accessory building in the district
in which the property is located;
(m)
The trailer or motor home shall not be located in the front
yard; and
(n)
Any deviations from the above conditions shall require approval
by the Board of Adjustment pursuant to N.J.S.A. 40:55D-70d, and no
individual official of the Township shall have the authority to waive
any of the aforesaid conditions.
e.
Public Election Voting Places. The provisions of this chapter shall
not be construed as to interfere with the temporary use of any property
as a voting place in connection with a municipal or other public election.
f.
Public Utility Lines and Related Structures. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, cable television and telephone and telegraph communications shall be installed underground except as provided in Subsection 16-5.11a of this section. Related electric transformer boxes and cable television and telephone junction boxes may be located above ground, provided that they extend no higher than three feet above the ground; and where natural foliage is not sufficient to provide year-round screening of such above ground apparatus, the developer shall provide sufficient live plant screening to border and conceal such apparatus year-round from all sides. Such public utility lines and related structures shall not be required to be located on a lot, nor shall this subsection be interpreted to prohibit the use of a property in any zone for the above uses.
g.
No Penalty for Voluntary Dedications. Any property made undersized
compared to the minimum lot or tract sizes required by this chapter
as a result of a voluntary dedication by the landowner and acceptance
by the Township of lands for roadways, parks, conservation areas or
other public purpose uses shall not be penalized regarding the floor
area ratio, building coverage, density and lot coverage provisions
of this chapter simply because of such voluntary land dedication.
[Ord. #85-482, S 603; Ord. #85-489, S 1 D; Ord. #91-729,
S 1]
No townhouse or apartment dwelling unit or apartment dwelling
unit or accessory deck, patio or fence of a townhouse unit shall be
constructed in the Township unless the following minimum standards
are met, in addition to other applicable requirements of this chapter,
and unless the dwelling and/or accessory deck, patio or fence is part
of an approved original or amended site plan application, which application
shall include homeowners' association by-laws and/or resolutions governing
the provisions for accessory decks, patios and fences and a typical
drawing of the envisioned appearance of such accessory decks, patios
and fences.
a.
Each building and complex of buildings shall have an architectural
theme with appropriate variations in design to provide attractiveness
to the development; compatible within the development and in its relationship
to adjacent land uses. Such variations in design shall result from
the use of landscaping and the orientation of buildings to the natural
features of the site and to other buildings as well as from varying
unit widths, using different exterior materials, changing roof lines
and roof designs, varying building heights and changing window types,
shutters, doors, porches and exterior colors. Architectural elevations
shall be submitted to the Board for review and approval.
b.
All dwelling units shall be connected to approved and functioning
water and sanitary sewer systems prior to the issuance of a certificate
of occupancy.
c.
All parking facilities shall be on the same site as the building
and located within 150 feet of the nearest entrance of the building
they are intended to serve.
Parking spaces shall be provided in areas designated specifically
for parking and there shall be no parallel or diagonal parking along
interior streets.
d.
No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each building for
the laundering and artificial drying of the laundry of the occupants
of each building.
e.
Dwelling units shall have access to a master television antenna system
and individual townhouse units may not erect individual external television
antennas.
f.
Each dwelling unit shall have the following minimum net habitable
floor areas:
|
Apartments
|
|---|
|
Efficiency — 500 square feet
|
|
1 bedroom — 600 square feet
|
|
2 bedrooms — 725 square feet
|
|
3 bedrooms — 875 square feet
|
|
Townhouses
|
|---|
|
1 bedroom — 700 square feet
|
|
2 bedrooms — 850 square feet
|
|
3 bedrooms — 1,000 square feet
|
g.
For each apartment unit, in addition to any storage area contained
inside individual dwelling unit, there shall be provided for each
dwelling unit 250 cubic feet of storage area in a convenient, centrally
located area in the cellar, basement or ground floor of the building
where personal belongings and effects may be stored without constituting
a fire hazard and where said belongings and effects may be kept locked
and separated from the belongings of other occupants.
h.
No townhouse dwelling unit shall be less than 20 feet wide.
[Ord. #85-482, S 604; Ord. #88-601, SS 3, 4; Ord. #90-650,
SS 1, 2; Ord. #01-1039, S 1; Ord. #03-1119, S 12; Ord. #06-1221, S
2; Ord. #07-1260, S 2; Ord. #09-1336, S 1; Ord. #13-1446, SS 1, 2; Ord. No. 16-1534; amended 12-17-2020 by Ord. No.
20-1646; 4-18-2024 by Ord. No. 24-1722; 4-18-2024 by Ord. No. 24-1723]
a.
Basis for Establishing Critical Areas.
The mapping of the critical areas within Montgomery Township
is indicated on the map entitled Critical Areas, dated August, 2007,
which is part of this chapter and may be supplemented from time to
time. As noted on the map, the basis for the delineation of special
flood hazard areas was the Flood Insurance Rate Maps (FIRM) prepared
by the Federal Emergency Management Agency (FEMA) and dated November
4, 2016; the basis for the delineation of steep slope areas was the
Township's 1996 Digital Elevation Model; and the basis for the mapping
of wetlands was the New Jersey Department of Environmental Protection's
(NJDEP), 2002 Land Use/Land Cover GIS Dataset. For parcels of land
where Wetlands Letters of Interpretation have issued by the NJDEP,
the wetlands and transition areas established by the said NJDEP Letter
of Interpretation shall take precedence over the Land Use/Land Cover
Wetlands Areas, as long as the NJDEP Letter of Interpretation is still
valid. If the NJDEP Letter of Interpretation is no longer valid, a
new NJDEP Letter of Interpretation will be required to establish the
wetlands and transition areas on the said parcel. Wetlands and transition
areas established by NJDEP Letters of Interpretation are not shown
on the Township Critical Areas Map.
In addition to freshwater wetlands, Flood Hazard Areas or Special
Flood Hazard Areas, and topographic slopes 15% and greater, critical
areas also include stream corridors, wetlands transition areas and
any land exhibiting Bowmansville, Cokesbury, Croton, Elkton, Fluvaquents,
Lamington, Parsippany, Parsippany Variant, or Watchung soils (Hydric
soils). The mapped Hydric soils were extracted from the 1998 SSURGO
Database prepared by the United States Department of Agriculture-Natural
Resource Conservation Service.
The basis for the delineation of the stream corridors is the
Montgomery Township Hydrography Map, dated August, 2007, as may be
amended from time to time. The Township GIS (geographic information
system) and Natural Resource Inventory may provide the basis for additional
or more accurate mapping of critical areas within the Township.
Regarding special flood hazard areas, flood hazard areas and
areas of special flood hazard, it is recognized that more such areas
might exist in the Township than those already mapped. Moreover, the
NJDEP, in accordance with the Flood Hazard Area Control Act (N.J.S.A.
58-16A 50 et seq.), has adopted N.J.A.C. 7:13 and has mapped certain
flood hazard areas in Montgomery Township. In cases where multiple
sources of mapping exist, the latest information shall take precedence,
subject to verification by the Township. In any event, the special
flood hazard areas, flood hazard areas and areas of special flood
hazard shall not be reduced from the adopted FEMA mapping.
Additionally, while information depicted on the map has been
prepared as accurately as possible; nevertheless, it must be understood
that detailed information mapped at such a small scale may not represent
the actual conditions on any particular parcel of land. Therefore,
the information is not intended to take the place of specific on-site
engineering data presented to and subjected to independent verification
by the Township at the time applications are submitted for approval
of a subdivision, site plan, construction permit, and/or any other
application which considers construction permits, and/or any other
application which considers the "critical areas" categories of information
depicted on the map. (The Critical Areas Map may be found at the end
of this chapter.)
b.
Purpose of Regulations for Critical Areas.
The purpose of these regulations is:
1.
To protect special flood hazard areas and stream corridors so that
floodwater may have a natural course to follow and so that the watercourse
is not constricted or altered in a manner that will increase water
velocities or create a dam.
2.
To allow water levels to rise without danger to persons, animals
or property and cover larger land surfaces for the purposes of greater
water percolation and recharge of the underground water supply.
3.
To promote the development of a parklike network throughout Montgomery
Township along watercourses.
4.
To permit only that development of flood prone areas and stream corridors
within Montgomery Township which:
(a)
Is appropriate in light of the probability of flood damage and
the need to reduce flood losses;
(b)
Represents an acceptable social and economic use of the land
in relation to the hazards involved;
(c)
Does not increase the danger to human, plant or animal life;
and
(d)
Provides that no decreases in the amount of available storage
for floodwaters within the special flood hazard areas results from
any development.
5.
To prohibit any other types of development including, without limitation,
the dumping of solid or hazardous waste, the construction of subsurface
sewage disposal systems, the storage of any petroleum products, the
addition or removal of fill and the altering of watercourses, temporary
roadways and grading, and to retain areas adjacent to streams free
from structures and other obstructions.
6.
To protect property from the adverse effects of flooding, erosion,
loss of vegetation, seepage, and downstream deposits of silt, gravel
and stone, and to prevent burdensome costs to the public arising from
such damage and its repair.
7.
To protect other municipalities within the same watersheds from improper
stream corridor development and the increased potential for flooding
or for reduced stream flows in dry weather.
8.
To prevent disturbance to the ecological balance between wildlife,
plant and marine life, which are dependent upon watercourses, and
their protective special flood hazard areas and slopes.
9.
To maintain the quality of streams in the Township, and to the extent
any streams are impaired, improve their quality.
10.
To prevent the destruction of riparian areas and removal of riparian
vegetation by development which can result in the deterioration of
aquatic ecosystems and the impairment of healthy streams and waterways.
11.
To prevent excessive soil erosion and stormwater runoff.
12.
To protect environmentally fragile lands.
c.
Definitions.
1.
AO ZONE — shall mean areas subject to inundation by 1%
annual-chance shallow flooding (usually sheet flow on sloping terrain)
where average depths are between one and three feet.
2.
AH Zone — shall mean areas subject to inundation by 1%
annual-chance shallow flooding (usually areas of ponding) where average
depths are between one and three feet. Base Flood Elevations (BFEs)
derived from detailed hydraulic analyses are shown in this zone.
3.
APPEAL — shall mean a request for the review of the Township
Engineer's interpretation of any provision of this subsection or a
request for a variance from the Planning Board.
4.
AREA OF SHALLOW FLOODING — shall mean a designated AO
or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood
depths range from one to three feet; a clearly defined channel does
not exist; the path of flooding is unpredictable and indeterminate;
and, velocity flow may be evident.
5.
AREA OF SPECIAL FLOOD HAZARD — shall mean land in the
flood plain within the Township subject to a 1% of greater chance
of flooding in any given year, and is also referred to as special
flood hazard. It is shown on the FIRM as Zone V, VE, V1-30, A, AO,
A1-A30, AE, A99, or AH.
6.
BASE FLOOD ELEVATION (BFE) — shall mean the flood elevation
shown on a published Flood Insurance Study (FIS) including the Flood
Insurance Rate Map (FIRM). For Zones AE, AH, AO, and A1-30 the elevation
represents the water surface elevation resulting from a flood that
has a 1% or greater chance of being equaled or exceeded in any given
year.
7.
BASEMENT — shall mean the area of any building having
its floor subgrade (below ground level) on all sides.
8.
BREAKAWAY WALL — shall mean a wall that is not part of
the structural support of the building and is intended through its
design and construction to collapse under specific lateral loading
forces without causing damage to the elevated portion of the building
or supporting foundation system.
9.
CHANNEL — shall mean a linear topographic depression that
continuously or intermittently confines and/or conducts surface water,
not including transient erosional gullies and other ephemeral features
that temporarily form after heavy rainfall. A channel can be naturally
occurring or can be of human origin through excavation or construction.
A channel includes both bed and banks.
10.
DELINEATED STREAM — shall mean a stream that has a delineated
floodway officially adopted by NJDEP pursuant to N.J.A.C. 7:13.
11.
DESIGN FLOOD PROFILE — shall mean the elevations of the
water surface of the floodway design flood and the flood hazard area
design flood.
12.
DEVELOPMENT — shall mean, for the purposes of this section,
any man-made change to improved or unimproved real estate including,
but not limited to, buildings or other structures, sanitary sewage
systems, wells, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials located
within the area of special flood hazard. The repair, alteration and/or
replacement of existing malfunctioning sanitary sewage systems serving
existing structures is deemed to be in the best interest of public
health, safety and welfare and shall not be considered development
for the purposes of this section; provided that the repair, alteration
and/or replacement does not include an expansion of the design capacity
of the sanitary sewage system, and provided further that any repair,
alteration or replacement does not further disturb "critical areas,"
except where the Township Health Officer, or his/her designee, determines
that such location is the only reasonably available and suitable location
on the subject site for such system, based upon the results of soil
and engineering data. No disturbance of "critical areas" shall be
permitted until so authorized by the Township Health Officer, or his/her
designee. The applicant or property owner shall revegetate abandoned
sanitary sewage systems within any "critical area," subject to the
Township Health Department review and approval and pursuant to a standard
prototype developed by the Township Landscape Architect which is on
file with the Township Health Department.
13.
ELEVATED BUILDING — shall mean a non-basement building
built to have the top of the elevated floor elevated above the base
flood elevation plus freeboard by means of piling, columns (posts
and piers) or shear walls parallel to the flow of the water and adequately
anchored so as not to impair the structural integrity of the building
during a flood of up to the magnitude of the base flood. "Elevated
building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate
the unimpeded movement of floodwaters.
14.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — shall
mean a manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
15.
FLOOD ELEVATION DETERMINATION — shall mean the determination
of the water surface elevations of the design flood, i.e., the flood
level that has a 1% or greater chance of occurrence in any given year.
16.
FLOOD FRINGE AREA — shall mean the portion of the flood
hazard area not designated as the floodway (see diagram Flood Plain
and Stream Corridor Components which may be found at the end of this
chapter).
17.
FLOOD HAZARD AREA — shall mean land, and the space above
that land, which lies below the flood hazard area design flood elevation.
Structures, fill and vegetation that are situated on land that lies
below the flood hazard area design elevation are described as being
"in" or "within" the flood hazard area. The inner portion of the flood
hazard area is called the floodway and the outer portion of the flood
hazard area is called the flood fringe. The special flood hazard area
is included in the flood hazard area. (See diagram Flood Plain and
Stream Corridor Components which may be found at the end of this chapter).
18.
FLOOD HAZARD AREA DESIGN FLOOD — shall mean a flood equal
to the 100-year flood plus an additional amount of water in fluvial
areas to account for possible future increases in flows due to development
or other factors. This additional amount of water also provides a
factor of safety in cases when the 100-year flood is exceeded. N.J.A.C.
7:13-3 describes the various methods of determining the flood hazard
area design flood for a particular water as well as the additional
amount of water to be added in various situations.
19.
FLOOD INSURANCE RATE MAP (FIRM) — shall mean the official
map on which the Federal Insurance Administration has delineated both
the areas of special flood hazards and the risk premium zones applicable
to the community.
20.
FLOOD INSURANCE STUDY — shall mean the official report
provided in which the Federal Insurance Administration has provided
flood profiles, as well as the Flood Insurance Rate Map(s) and the
water surface elevation of the base flood.
22.
FLOOD PLAIN — shall mean the relatively flat area adjoining
the channel of a natural stream which has been or may be hereafter
covered by floodwater.
23.
FLOOD PLAIN ADMINISTRATOR — shall mean the Township Engineer,
or his/her designee.
24.
FLOOD PLAIN MANAGEMENT REGULATIONS — shall mean zoning
ordinances, subdivision regulations, building codes, health regulations,
special purpose ordinances (such as flood plain ordinance, grading
ordinance and erosion control ordinance) and other applications of
police power. The term describes such State or local regulations,
in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
25.
FLOODPROOFING — shall mean any combination of structural
and nonstructural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their
contents.
26.
FLOODWAY — shall mean the channel of a natural stream
and portions of the flood hazard area adjoining the channel which
are reasonably required to carry and discharge the floodwater or flood
flow of any natural stream without accumulatively increasing the water
surface elevation any more than 0.2 feet. (See diagram Flood Plain
and Stream Corridor Components which may be found at the end of this
chapter.)
27.
FREEBOARD — shall mean a factor of safety usually expressed
in feet above a flood level for purposes of flood plain management.
"Freeboard" tends to compensate for the many unknown factors that
could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions, such as wave action,
bridge openings, and the hydrological effect of urbanization of the
watershed.
28.
HYDRIC SOIL — shall mean a soil that, in its undrained
condition, is saturated, flooded or ponded long enough during the
growing season to develop anaerobic conditions that favor the growth
and regeneration of hydrophytic vegetation.
29.
HIGHEST ADJACENT GRADE — shall mean the highest natural
elevation of the ground surface prior to construction next to the
proposed or existing walls of a structure.
30.
HISTORIC STRUCTURE — shall mean any structure that is:
(a)
Listed individually in the Natural Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
(b)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
(c)
Individually listed on a State inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
(d)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either;
31.
INTERMITTENT STREAM — shall mean a surface water drainage
channel with definite bed and banks in which there is not a permanent
flow of water.
32.
LOWEST FLOOR — shall mean the lowest floor of the lowest
enclosed area, including a basement. An unfinished or flood resistant
enclosure, usable solely for the parking of vehicles, building access
or storage in an area other than a basement is not considered a building's
lowest floor, provided that such enclosure is not built so as to render
the structure in violation of other applicable non-elevation design
requirements of 44 CFR 60.3.
33.
MANUFACTURED HOME — shall mean a structure, transportable
in one or more sections which is built on a permanent chassis and
is designed for use with or without a permanent foundation when connected
to the required utilities. For the purposes of flood plain management
the term "manufactured home" includes park trailers, travel trailers,
and other similar vehicles placed on a site for greater than 180 consecutive
days. For insurance purposes the term "manufactured home" does not
include park trailers, travel trailers, recreational vehicles or other
similar vehicles.
34.
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISIONS — shall
mean a parcel (or contiguous parcels) of land divided into two or
more manufactured homes lots for rent or sale.
35.
NEW CONSTRUCTION — shall mean structures for which the
start of construction commenced on or after the effective date of
this section and includes any subsequent improvements to such structures.
36.
NEW MANUFACTURED HOME PARK OR SUBDIVISION — shall mean
a manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the flood plain management regulations adopted by the municipality.
37.
RECREATIONAL VEHICLE — shall mean a vehicle which is [i]
built on a single chassis; [ii] 400 square feet or less when measured
at the longest horizontal projections; [iii] designed to be self-propelled
or permanently towable by a light duty truck; and [iv] designed primarily
not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
38.
SPECIAL FLOOD HAZARD AREA(S). — See definition for Area
of special flood hazard, above.
39.
START OF CONSTRUCTION FOR OTHER THAN NEW CONSTRUCTION OR SUBSTANTIAL
IMPROVEMENTS UNDER THE COASTAL BARRIER RESOURCES ACT (P.L. NO. 97-348)
— shall mean and include substantial improvement and means
the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, placement, or other improvement
commenced within 180 days of the permit date. The actual start means
either the first placement of permanent construction of a structure
on a site such as the pouring of a slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
cleaning, grading and filling nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footing, piers or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
40.
STATE OPEN WATERS — shall mean all waters of the State
as defined in N.J.A.C. 7:7A, including waters of the United States
as defined in N.J.A.C. 7:7A, but excluding ground water as defined
at N.J.A.C. 7:14A, and excluding freshwater wetlands as defined in
N.J.A.C. 7:7A.
41.
STREAM — shall mean a waterway depicted on the Montgomery
Township Hydrography Map, dated August, 2007, as may be amended from
time to time, on file in the Office of the Township Community Development
Office and Township Engineer.
42.
STREAM CORRIDOR — shall mean and include the area within
a floodway, flood plain, flood hazard area, special flood hazard area,
buffer strips 100 feet from the top of the channel banks of the stream,
intermittent stream and/or State open water, and the area that extends
100 feet from the flood hazard area or special flood hazard area line
on both sides of the stream. If there is no flood hazard area or special
flood hazard area line delineated, the distance of 100 feet shall
be measured outward from the top of the banks of the stream channel
on both sides of the stream, intermittent stream and/or State open
water. If slopes greater than 15% abut the outer boundary of the stream
corridor, the area of such slopes shall also be included as the stream
corridor. If the flood plain, flood hazard area or special flood hazard
area extends for more than 100 feet from the top of the channel bank,
said larger area shall be the stream corridor (see diagram Flood Plain
and Stream Corridor Components which may be found at the end of this
chapter).
43.
STRUCTURE — shall mean for flood plain management purposes,
a walled or roofed building, including without limitation, gas or
liquid storage tanks, that are principally above ground. For insurance
purposes, "structure" means a walled and roofed building, other than
a gas or liquid storage tank that is principally above ground and
affixed to a permanent site. For the latter purpose, the term includes
a building while in the course of construction, alteration or repair
but does not include building materials or supplies intended for use
in such construction, alteration or repair, unless such material or
supplies are within an enclosed building on the premises.
44.
SUBSTANTIAL DAMAGE — means damage of any origin sustained
by a structure whereby the cost of restoring the structure to its
before damaged condition would equal or exceed 50% of the market value
of the structure before the damage occurred.
45.
SUBSTANTIAL IMPROVEMENT — shall mean any repair, reconstruction,
rehabilitation, addition or other improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure
on an equalized basis either:
(a)
As determined before the improvement or repair is started; or
(b)
As determined before the damage occurred, if the structure has
been damaged and is being restored. For the purpose of this definition,
"substantial improvement" is considered to occur when the first alteration
of any wall, floor or other structural part of the floor commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either:
(1)
Any project for improvement of a structure to comply with existing
State or local health, sanitary or safety code specifications which
is solely necessary to assure safe living conditions; or
(2)
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
46.
VARIANCE — shall mean a grant of relief by the Planning
Board, or Zoning Board, as the case may be, from the requirements
of this subsection permitting construction in a manner otherwise prohibited
by this subsection because the literal enforcement would result in
unnecessary hardship.
47.
VIOLATION — shall mean the failure of a structure or other
development to be fully compliant with this ordinance. A new or substantially
improved structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed
to be in violation until such time as that documentation is provided.
d.
Flood Hazard Areas, Special Flood Hazard Areas and Stream Corridors.
1.
Applicability and Interpretation of This Subsection.
(a)
This subsection regulates development in the following two ways:
(1)
By protecting stream corridors from the type and intensity of
development which would be destructive to their special environmental
importance and harmful to the health and general welfare and to properties
downstream; and
(2)
By mitigating flood hazards within flood hazard areas pursuant
to the requirements of the National Flood Insurance Program. These
regulations are, in part, intended to satisfy Federal requirements
in order to make flood insurance available within Montgomery Township.
2.
Basis for Establishing the Areas of Special Flood Hazard. The areas
of special flood hazard for the Township of Montgomery, Community
No. 340439, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(a)
A scientific and engineering report Flood Insurance Study, Somerset
County, New Jersey (All Jurisdictions) dated November 4, 2016.
(b)
Flood Insurance Rate Map for Somerset County, New Jersey (All
Jurisdictions) as shown on Index and panel numbers 34035C0217E, 34035C0227E,
34035C0228E, 34035C0229E, 34035C0231E, 34035C0232E, 34035C0233E, 34035C0234E,
34035C0236E, 34035C0237E, 34035C0238E, 34035C0239E, 34035C0241E, 34035C0242F,
34035C0243E, 34035C0244F, 34035C0253F, 34035C0261F, and 34035C0263F,
and having an effective date of November 4, 2016.
The above documents are hereby adopted and declared to be a
part of this subsection. The Flood Insurance Study and maps are on
file with the Township Engineer's Office at the Municipal Building,
2261 Van Horne Road, Belle Mead, New Jersey 08502-4012, or at such
other location as the Municipal Building may be situated. Other data
available through Federal, State, County and local services and additional
reports such as but not limited to the following, may be used to supplement
the flood insurance study.
(c)
Soil Survey of Somerset County, New Jersey, U.S. Department
of Agriculture, Soil Conservation Service, December, 1976.
(d)
Delineation of flood hazard areas, Raritan River Basin, as established
for Bedens Brook, Rock Brook, Pike Run and Cruser Brook by N.J.A.C.
7:13-7.1(d), last amended.
(e)
United States Geological Survey, Rocky Hill Quadrangle Map,
1995, Monmouth Junction Quadrangle Map, 1954, Photorevised 1981 and
Hopewell Quadrangle Map 1954, Photorevised 1970.
(f)
Montgomery Township Hydrography Map, dated August, 2007, last
amended.
3.
Penalties for Noncompliance. No structure or land shall hereafter
be constructed, relocated to, extended, converted, or altered without
full compliance with the terms of this subsection, and other applicable
regulations. Violation of the provisions of this subsection by failure
to comply with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute
a misdemeanor. Any person who violates this subsection or fails to
comply with any of its requirements shall, upon conviction thereof,
be fined not more than $1,250 or imprisoned for not more than 90 days,
or both, for each violation, and in addition shall pay all costs and
expenses involved in the case. Nothing herein contained shall prevent
the Township of Montgomery from taking such other lawful action as
is necessary to prevent or remedy any violation.
4.
Abrogation and Greater Restrictions. This subsection is not intended
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this subsection and other ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
6.
Uses in a Stream Corridor. Unless otherwise permitted herein, stream
corridors shall remain in their natural state, with no clearing or
cutting of trees and brush (except for removal in accordance with
the New Jersey Strategic Management Plan for Invasive Species, New
Jersey Invasive Species Council, 2009, Trenton, NJ of invasive species,
and pruning and/or removal of dead vegetation for reasons of public
safety), altering of watercourses, dumping of trash or debris, regrading,
or construction.
(a)
Prohibited Uses in Stream Corridors. No person shall hereafter
engage in, cause or permit other persons to engage in prohibited uses
in the floodway, flood fringe, flood plain, flood hazard areas, special
flood hazard areas and stream corridor areas. All uses not specifically
permitted by this subsection are prohibited.
(b)
Permitted Uses in Floodways. The following uses shall be permitted
in floodways, subject to the approval of NJDEP, if applicable, and
all other authorities having jurisdiction, provided the requirements
of N.J.A.C. 7:13, as may be amended and/or supplemented from time
to time, and this subsection are satisfied:
(1)
Channel improvements or changes may be permitted only in connection
with stream improvements and stabilization, which improvements or
changes have the approval of NJDEP, the Somerset County Planning Board
and/or Montgomery Township. Prior to any channel improvement or change,
the applicant must notify adjacent communities and submit evidence
of such notification to the Federal Insurance Administration;
(2)
Agricultural uses, as well as recreational uses in the nature
of parks, wildlife preserves, undeveloped common open space, picnic
areas, and boat landings, provided a maintenance program to promote
stabilization of stream banks is established;
(3)
Installation, repairs or replacement of sanitary sewers and
appurtenances, and other utility lines and appurtenances;
(4)
Culverts, bridges, road or driveway crossings where no other
locations are reasonably feasible;
(5)
Unpaved pathways and pedestrian bridges, provided that the lowest
member of a pedestrian bridge shall be set at a minimum of one foot
above the ten-year storm event water surface level;
(6)
Stormwater management facilities, where no other locations are
reasonably feasible; and
(7)
Reconstruction of a structure that predates the adoption of this subsection in the event of damage or destruction by fire, storms, natural hazards, or other acts of God, provided that the reconstruction does not have a greater footprint or total area than that of the damaged structure and that no change in land use occurs; and further provided that the reconstruction shall be permitted only if no more than 50% of the structure is destroyed. Reconstruction, when it is reasonably feasible, shall comply with the provisions of this subsection, particularly Subsection 16-6.4d7(e).
(c)
Permitted Uses in a Flood Hazard Area or Special Flood Hazard
Area. The following uses shall be permitted in flood hazard areas
or special flood hazard areas outside of the floodway, subject to
the approval of NJDEP, if applicable, and all other authorities having
jurisdiction, provided the requirements of N.J.A.C. 7:13, as may be
amended and/or supplemented from time to time, and this subsection
are satisfied:
(1)
All uses permitted within floodways;
(2)
Woodland preserves and arboretums, but excluding enclosed structures;
(3)
Public parks;
(4)
Unpaved and pervious surface hiking, bicycle and bridle trails;
(5)
Fishing areas and game farms, fish hatcheries and fishing reserves
operated for the protection and propagation of wildlife, but excluding
enclosed structures;
(6)
Agricultural production consistent with agricultural management
practices developed by:
(i)
The United States Department of Agriculture (USDA),
Natural Resources Conservation Service (NRCS) and contained in the
NRSC Field Office Technical Guide;
(ii)
Recommendations by New Jersey Agricultural Experiment
Station (NJAES), or
(iii)
Rules promulgated by the New Jersey State Agricultural
Development Committee.
(7)
Routine property maintenance reasonably necessary to maintain
a lawfully existing structure, lawn, and/or garden;
(8)
Building additions of not more than 300 square feet of total
building coverage to a lawfully existing structure or structures;
(9)
Construction or reconstruction of structures of not more than
150 square feet in total area covering a lot that are accessory to
a lawfully existing structure or structures;
(10)
Construction or reconstruction of decks or patios of not more
than 300 square feet in total area covering a lot that are connected
to a lawfully existing structure or structures;
(11)
Fences;
(12)
Elevation of existing structures to reduce flood damage potential;
and
(13)
Demolition of an existing structure.
(d)
Permitted Uses in Stream Corridors Outside the Flood Hazard
Area or Special Flood Hazard Area, and Floodway. The following uses
shall be permitted in stream corridors outside of the flood hazard
area or special flood hazard area and floodway, subject to the approval
of NJDEP, if applicable, and all other authorities having jurisdiction,
provided the requirements of N.J.A.C. 7:13, as may be amended and/or
supplemented from time to time, and this subsection are satisfied:
(1)
All uses permitted with floodways and flood hazard areas or
special flood hazard areas;
(2)
Building additions of not more than 500 square feet of total
building coverage to a lawfully existing structure or structures;
(3)
Construction or reconstruction of structures, including patios,
of not more than 500 square feet of total area covering a lot that
are accessory to a lawfully existing structure or structures;
(4)
Construction or reconstruction of decks of not more than 750
square feet of total area covering a lot that are accessory to a lawfully
existing structure or structures;
(5)
Provided no clearing of trees or vegetation, other than lawn,
is required, pools and pool related appurtenances, such as walkways,
patios, decks and fences, adjacent to a lawfully existing structure;
(6)
No more than 750 square feet of total lot coverage is permitted
for any of the uses listed above, excluding the pool footprint but
including pool related appurtenances.
(e)
Permitted Uses in Stream Corridor Outside the Flood Hazard Area
or Special Flood Hazard Area and Floodway When There Is No Reasonable
or Prudent Alternative Location. The following uses are permitted
in a stream corridor outside the flood hazard area or special flood
hazard area and floodway, provided the uses cannot be placed in any
other reasonable or prudent alternate location, subject to the approval
of NJDEP, if applicable, and all other authorities having jurisdiction,
provided the requirements of N.J.A.C. 7:13, as may be amended and/or
supplemented from time to time, and this subsection are satisfied:
(1)
Recreational uses, whether open to the public or restricted
to private membership, such as parks, camps, picnic areas, golf courses
(provided same are maintained in accordance with the most current
Integrated Pest Management practices and standards recommended by
NJAES), sports or boating clubs, not to include enclosed structures,
but permitting piers, docks, foot bridges, floats or pavilions usually
found in developed outdoor recreational areas;
(2)
Outlets from sewage treatment plants and sewage pumping stations
and the expansion of existing sewage treatment facilities;
(3)
Private or public water supply wells that have a sanitary seal,
flood-proofed water treatment facilities or pumping facilities;
(4)
Dredging or grading when incidental to permitted structures
or uses, including stream cleaning and stream rehabilitation work
undertaken to improve hydraulics or to protect public health;
(5)
Dams, culverts, bridges and roads provided that they cross the
corridor as directly as practical;
(6)
Publicly owned sanitary or storm sewers;
(7)
Utility transmission lines installed during periods of low stream
flow in accordance with soil erosion and sediment control practices
and approved by the Somerset-Union Soil Conservation District in a
manner which will not impede flows or cause ponding of water;
(8)
Structures comprising part of a regional flood detention project;
(9)
Detention or retention basins and related outfall facilities;
(10)
Stormwater management best management practices (BMPs) in accordance with subsection 16-5.2; and
(11)
Where otherwise permitted by the applicable zoning district
regulations, the construction of a single-family, detached dwelling
on a pre-existing vacant lot, provided the dwelling and all associated
development is located in an area outside of the floodway and the
flood hazard area or special flood hazard area.
(f)
Location of Activities on Tracts Partially within Stream Corridors:
(1)
All new lots in major and minor subdivisions and new site plans shall be designed to provide sufficient areas outside of stream corridors to accommodate principal and accessory uses and structures regardless of the maximum building coverage, lot coverage or floor area ratio otherwise permitted by the subject zoning district. Lands remaining after subdivision that are predominately under agricultural production after the creation of lots through minor subdivision shall be exempt from the provisions of this subsection, provided that the agricultural lands are managed in accordance with subsection 16-6.4d6(c)(6).
(2)
In evaluating all major and minor subdivisions, site plans,
and variances the Planning Board or Zoning Board of Adjustment ("Zoning
Board") as the case may be, may allow an average stream corridor width
of 100 feet from the 100-year flood line or the top of bank of the
stream channel, whichever the case may be, thus allowing reasonable
flexibility to accommodate site planning when necessitated by the
size and shape of the tract and physical conditions thereon. The stream
corridor width may be reduced to a minimum of 50 feet from the 100-year
flood line provided there is an increase at a 2:1 ratio in the width
elsewhere on site and all other relevant permits, e.g., Stream Encroachment,
Freshwater Wetlands, are obtained.
7.
Development. A zoning permit shall be obtained prior to any construction or development within a stream corridor. Where development in a stream corridor is proposed in a site plan, subdivision, or variance application, the Montgomery Township Planning Board or Zoning Board, whichever board has jurisdiction over the application, shall ensure the applicant meets the requirements of this subsection. The fee for the zoning permit, pursuant to subsection 16-9.1 of this chapter, shall be remitted at the time the application for the permit is submitted. There shall be no additional fee for the issuance of a zoning permit if the development in the stream corridor is proposed in a site plan, subdivision or variance application that has been approved by the Planning Board or Zoning Board.
(a)
For all subdivision, site plan and variance applications, in addition to the applicable information required for Board approval stipulated in Subsection 16-8.4 of this chapter, the following information shall be provided:
(1)
Proposed finished grade elevations at the corners of any structure
or structures;
(2)
Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures, existing and proposed;
(3)
Elevation in relation to mean sea level to which any structure,
existing or proposed, has been or will be flood-proofed;
(4)
Certification by a registered professional engineer or architect
that the flood-proofing methods for any nonresidential structure meet
the flood-proofing criteria established by this section;
(5)
Description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development. Where alteration
or relocation of a watercourse is proposed, prior notification of
the proposed alteration or relocation must be provided to adjacent
municipalities, the New Jersey Department of Environmental Protection,
Dam Safety and Flood Control Section and the Land Use Regulation Program,
and proof of such notification submitted to the Federal Insurance
Administration;
(6)
The extent of proposed or previous filling, cutting or regrading
of the land, if any;
(7)
Proof of flood hazard area and, if applicable, floodway delineation
obtained from NJDEP. Where a flood hazard area and floodway delineation
has not been established by NJDEP, methods detailed in N.J.A.C. 7:13-3,
as may be amended and/or supplemented from time to time, shall be
utilized to determine the flood hazard area and floodway delineation;
(8)
The applicant shall furnish information relating to subsurface
conditions based on percolation tests and soil borings or probes.
Test borings or probes shall be performed by a licensed professional
engineer and shall be in accordance with acceptable engineering standards
and practices. Written notification of intention to conduct such tests
shall be forwarded to and received by the Planning Board or Zoning
Board Engineer, as the case may be, at least two working days prior
to testing. A detailed report of the test shall be submitted to the
Planning Board or Zoning Board, as the case may be, for review; and
(9)
Base flood elevation data.
(b)
For all other applications for development in a stream corridor,
including applications for zoning permits and variances from the provision
of this subsection, a plot plan shall be prepared in sufficient detail
to show the proposed development, as applicable, to determine compliance
with this chapter and shall include the following information:
(1)
Items listed under paragraph d7(a)(1)-(a)(9) above, as applicable,
to the proposed development;
(2)
The zoning district name and requirements, including a building
coverage and lot coverage calculation;
(3)
The exact location of the proposed dwelling, driveway and any
accessory structure(s) in relation to the zoning district setbacks
and property lines, which are to be shown on the plan, and to any
existing and proposed buildings, driveways, sidewalks, septic systems,
utilities or other structures on the lot;
(4)
The location, type and width of all easements, including but
not limited to conservation, drainage, utility, and emergency access,
all covenants and all deed restrictions on the property, with metes
and bounds description, where applicable;
(5)
Existing and proposed contours with intervals of one foot where
slopes are less than 2% in grade and/or lots are less than 1/2 acre
in size or intervals of two feet where slopes are more than 2% and/or
lots are greater than 1/2 acre in size.
All contour information shall refer to a known datum. Existing
contours shall be shown as a dashed line; finished grades shall be
shown as a solid line;
(6)
Spot elevations at dwelling and/or accessory structure(s) corners,
driveway, first floor, garage floor and basement floor elevations,
lot corners, center line of street, edge of pavement and any other
locations as necessary;
(7)
The height, number of stories and size of all existing and proposed
building(s) and accessory structures and their existing or intended
use, including the number of dwelling units within the building;
(8)
Number and location of off-street parking spaces, a detail of driveway and street intersection, including any sight triangles, and a profile and slope of the proposed driveway and typical pavement detail. Any proposed driveway shall comply with the provisions of Subsection 16-5.8 of this chapter;
(9)
The location of all critical areas as identified in Subsection 16-6.4 of this chapter. Where 100-year flood plain exists on site, a written certification by the engineer or surveyor is required stating that the lowest floor elevation, including the basement, is at least one foot above the flood elevation;
(10)
Limits of Disturbance. All wooded areas and any existing trees
having a caliper of six inches or more measured 4 1/2 feet above
the ground level, which trees are located within the area of the property
to be disturbed and 20 feet beyond the outer limits of the disturbed
area and all areas to be rehabilitated, together with the method of
rehabilitation, shall be shown;
(11)
A delineation and description of any proposed extension(s) of
public utilities;
(12)
Soil erosion and sediment control plans shall include but not
be limited to wheel cleaning blankets, location of sediment filter
fences, and temporary and permanent seeding.
(13)
The existing surface drainage pattern shall include but not
be limited to swales, ditches, brooks or other drainage patterns,
and how it affects the subject property. Any proposed changes in the
existing surface drainage pattern which will result from the construction
of the structure proposed for the subject property shall be shown;
(14)
The proposed location of roof leader drains and sump pump discharge
pipe outlet;
(15)
The location of any existing or proposed stormwater sewer system;
(16)
The location and grading of sanitary sewerage or an on-site sewage disposal system in accordance with Chapter BH6 of the Township of Montgomery Board of Health Code and approved by the Health Department (a copy of the approved sewage system shall accompany the plan);
(17)
The location of any retaining walls with top and bottom of wall
elevations. Plans, profiles, cross-sections, and details of all retaining
walls showing the height of wall, the elevation at the top and bottom
of each wall, the materials to be used, a profile and cross-section
of the wall, any proposed plantings, any safety barriers, calculations
of anticipated earth and hydrostatic pressures and surcharges, and
calculations detailing the wall design shall be provided unless such
documents were reviewed and approved as part of a subdivision or site
plan application. All plans, details, and calculations shall be prepared,
signed, and sealed by a licensed professional engineer;
(18)
Lot and block numbers as per the Township Tax Assessor or most
current Tax Assessment Maps, and reference to the Township of Montgomery,
in Somerset County;
(19)
Name, title, address, telephone number, license number, seal
and signature of the professional or professionals who prepared the
plat or plan; and
(20)
Name, address and phone number of the owner or owners of record.
(c)
The Township Engineer is hereby appointed to administer and
implement this section by granting or denying development permit applications
in accordance with its provisions. Duties of the Township Engineer
shall include, but not be limited to:
(1)
Review all development permits to determine that the permit
requirements of this section have been satisfied.
(2)
Review all development permits to determine that all necessary
permits have been obtained from those Federal, State or local governmental
agencies from which prior approval is required.
(3)
Review all development permits to determine if the proposed
development is located in the floodway. If located in the floodway,
assure that the provisions of paragraph d6 are met.
(d)
Provisions Governing Activities in Stream Corridors:
(1)
For any construction or development in a stream corridor, the
applicant shall rehabilitate any degraded or disturbed areas of the
stream corridor, unless the applicant demonstrates that it is not
reasonably feasible to do so. The rehabilitated area shall be within
or adjacent to the same tract and shall be at least equivalent in
size to the permitted stream corridor reduction.
(2)
Should the above not be possible, the applicant shall rehabilitate
or expand a stream corridor of such size within a nearby tract and,
if available, within the same watershed.
(3)
Rehabilitation shall include reforestation, stream bank stabilization
and removal of debris. The applicant also shall:
(4)
The Township Engineer or applicable development board may require
additional measures or impose reasonable conditions on the development
to promote the public safety, health and welfare, to protect public
and private property, wildlife and fisheries, and to preserve and
enhance the natural environment of the stream corridor and may consult
with other Township representatives for guidance. Such measures and
conditions may include, but are not limited to, stormwater management
measures, relocating the proposed structure to avoid tree disturbance,
removal of existing, nonconforming structures within the stream corridor,
and improvements to promote water quality.
(6)
No certificate of occupancy shall be issued unless all conditions
of approval have been satisfied.
(e)
Design Criteria. The following design criteria shall be utilized
in all development in a stream corridor. All development shall be
in compliance with the applicable requirements of the Uniform Construction
Code (N.J.A.C. 5:23) and the following standards, whichever is more
restrictive:
(1)
General Criteria:
(i)
Anchoring:
[a]
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
[b]
All manufactured homes shall be anchored to resist
flotation, collapse or lateral movement. Methods of anchoring may
include but are not limited to, the use of over the top or frame ties
to ground anchors. This requirement is in addition to applicable anchoring
requirements for resisting wind forces.
(ii)
Construction Materials and Methods:
(iii)
Utilities, for all new construction and substantial
improvement:
[a]
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
[b]
All new and replacement sanitary sewerage systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the system and discharges from the system into the floodwaters.
[c]
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
[d]
Electrical, heating, ventilation, plumbing and
air-conditioning equipment and other service facilities shall be designed
and/or located as to prevent water from entering or accumulating within
the components during conditions of flooding.
(iv)
Subdivision Applications and Other Proposed New
Development:
[a]
All subdivision applications shall be consistent
with the need to minimize flood damage.
[b]
All subdivision applications shall have public
utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
[c]
All subdivision applications shall have adequate
drainage provided to reduce exposure to flood damage.
[d]
Base flood elevation data.
(v)
Enclosure Openings:
All new construction and substantial improvements with fully
enclosed areas below the lowest floor that are usable solely for parking
of vehicles, building access or storage in an area other than a basement
and that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls, by allowing for
the entry and exit of floodwater. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect and must meet or exceed the following minimum criteria:
a minimum of two openings in at least two exterior walls of each enclosed
area, having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
The bottom of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers, or other coverings
or devices provided that they permit the automatic entry and exit
of floodwater.
(vi)
Miscellaneous:
[a]
The applicant shall be required to obtain all necessary
permits from those Federal, State or local governmental agencies from
which prior approval is required.
[b]
The applicant shall be required to file a completed
elevation certificate with the Township.
[c]
Fill shall be no lower than one foot above the
flood hazard area design flood elevation and shall extend at such
height for a distance of at least 15 feet beyond the limits of any
structure erected thereon. No fill shall be permitted in floodways.
[d]
Structures on fill shall be so built that the lowest
floor is at a minimum of one foot above the flood hazard design flood
elevation.
[e]
In all areas of special flood hazard in which base
flood elevation data has been provided and no floodway has been designated,
the cumulative effect of any proposed development, when combined with
all other existing development, shall not increase the water surface
elevation of the base flood more than 0.2 of a foot at any point.
(2)
Specific Criteria:
(i)
Residential Construction:
[a]
New construction or substantial improvement of
any structure located in or adjacent to an A or AE Zone shall have
the lowest floor, including a cellar or basement together with the
attendant utilities and sanitary facilities, elevated at or above
the base flood elevation plus one foot or as required by ASCE/SEI
24-14, Table 2-1, whichever is more restrictive and/or the 100-year
storm elevation in any stormwater management facility within 100 feet
of said structure, and a limit of disturbance shall be established
a minimum of 20 feet from the stream corridor.
[b]
Within any AO or AH Zone on the Township's FIRM
all new construction and substantial improvement of any residential
structure shall have its lowest floor, including basement together
with the attendant utilities and sanitary facilities, elevated above
the depth number specified in feet plus one foot, above the highest
adjacent grade at least as high as the depth number specified in feet
(at least three feet if no depth is specified). Adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures are required.
(ii)
Nonresidential Construction:
New construction or substantial improvement of any commercial,
industrial or other nonresidential structure located in an A or AE
Zone shall have the lowest floor, including a cellar or basement together
with the attendant utilities and sanitary facilities, either elevated
to or above the base flood elevation plus one foot or as required
by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive; and require
within any AO or AH Zone on the municipality's DFIRM to elevate above
the depth number specified in feet plus one foot, above the highest
adjacent grade (at least three feet if no depth number is specified).
And, require adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures or, be
floodproofed so that below the design flood level plus one foot or
as required by ASCE/SEI 24-14, Table 6-1, whichever is more restrictive,
the structure is watertight with walls substantially impermeable to
the passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
A licensed professional engineer or architect shall certify that the
standards and methods of construction of this subsection are satisfied.
Such certification shall be provided to the Township Engineer. Any
or all of the following floodproofing measures may be required:
[a]
Installation of watertight doors, bulkheads and
shutters, or similar devices.
[b]
Reinforced walls to resist water pressure.
[c]
Use of paints, membranes or mortars to reduce seepage
of water through walls.
[d]
Addition of weights to structures to resist flotation.
[e]
Installation of pumps to lower water levels of
structures.
[f]
Pumping facilities or comparable measures for the
subsurface drainage systems of the building to relieve external foundation
wall and basement flood pressures. Over the sidewalk and under the
sidewalk gravity or sump pump drains are not permitted. All such drains
shall outlet into an existing adequate watercourse or drainage system.
[g]
Construction that resists rupture or collapse caused
by water pressure or floating debris.
[h]
Installation of valves or controls on sanitary
and storm drains which will permit the drains to be closed to prevent
backup of sewage or stormwater into the structure; gravity drainage
of basements may be eliminated by mechanical devices.
[i]
Location of all electrical equipment, circuits
and installed electrical appliances in a manner which will assure
they are not subject to inundation and flooding.
(iii)
Manufactured Homes:
[a]
All manufactured homes shall be anchored in accordance
with Subsection 16- 6.4d.7(e) (1)(i)[b].
[b]
All manufactured homes to be placed or substantially
improved within an area of special flood hazard shall be consistent
with the need to minimize flood damage, be constructed to minimize
flood damage, have adequate drainage provided to reduce exposure to
flood damage; and, be elevated on a permanent foundation such that
the finished floor elevation of the lowest floor is at or above the
base flood elevation plus one foot or as required by ASCE/SEI 24-
14, Table 2-1, whichever is more restrictive.
8.
Variances.
(a)
Appeal Board:
(1)
Except where the Planning Board has jurisdiction pursuant to N.J.S.A. 40:55D- 25a.(6), variances from the criteria set forth in this subsection may only be granted by the Zoning Board. The fee for a variance from the criteria of this subsection, pursuant to Subsection 16-9.1 of this chapter, shall be remitted at the time of the application for the variance.
(2)
The Zoning Board shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made
by the Township Engineer in the enforcement or administration of this
subsection.
(3)
Those aggrieved by the decision of the Zoning Board, or any
taxpayer, may appeal such decision to the Superior Court.
(4)
In passing upon such applications, the Zoning Board, shall consider
all technical evaluations, all relevant factors, standards specified
in other paragraphs of this subsection, and:
(i)
The danger that materials may be swept onto other
lands to the injury of others;
(ii)
The danger to life and property due to flooding
or erosion damage;
(iii)
The susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage on the
individual owner;
(iv)
The importance of the services provided by the
proposed facility to the community;
(v)
The necessity to the facility of a waterfront location,
where applicable;
(vi)
The availability of alternative locations for
the proposed use which are not subject to flooding or erosion damage;
(vii)
The compatibility of the proposed use with existing
and anticipated development;
(viii)
The relationship of the proposed use to the
comprehensive plan and flood plain management program of that area;
(ix)
The safety of access to the property in times
of flood for ordinary and emergency vehicles;
(x)
The expected heights, velocity, duration, rate
of rise, and sediment transport of the flood waters and the effects
of wave action, if applicable, expected at the site; and,
(xi)
The costs of providing govern- mental services
during and after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas, electrical,
and water systems, and streets and bridges.
(5)
Upon consideration of the above factors and the purposes set forth in Subsection 16-6.4d, the Zoning Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of this subsection.
(6)
The Zoning Officer shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
(b)
Conditions for Variances:
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the criteria in Subsection 16-6.4d8(a)(4) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(3)
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
(4)
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(5)
Variances shall only be issued upon:
(i)
A showing of good and sufficient cause;
(ii)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and,
(iii)
A determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing
local laws or ordinances.
(6)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
9.
Flood Insurance. Flood insurance in accordance with the Federal Insurance
Agency shall be required for developments in the special flood hazard
areas or flood plain.
10.
Warning and Disclaimer. The degree of flood protection required herein
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or natural
causes. This subsection does not imply that land outside flood hazard
areas will be free from flooding or flood damage. This subsection
shall not create liability on the part of the Township of Montgomery
or by any other officer or employee thereof for any flood damages
that result from reliance on this subsection or any administrative
decision lawfully made thereunder.
11.
Flood Hazard Area Searches.
(a)
Official Designated to Make Flood Hazard Searches. The Township
Committee shall, annually, designate an official of the Township to
make and prepare flood hazard area searches. Such official shall thereafter
be vested with the power to make certificates with respect to flood
hazard areas on behalf of the Township.
(b)
Issuance of Certificates. The official appointed to make such
searches shall issue certificates within a reasonable time after receipt
of the following:
(c)
Fees for Certificates. The following fee shall be received prior
to the issuance of any certificate: $25.
12.
Substantial Damage Review.
(a)
After an event resulting in building damages, the Township will
assess the damage to structures due to flood and non-flood causes.
(b)
The Township will record and maintain the flood and non-flood
damage of substantial damage structures and provide a letter of Substantial
Damage Determination to the owner and the New Jersey Department of
Environmental Protection, Dam Safety and Flood Control Section.
(c)
The Township will ensure substantial improvements meet the requirements of Subsections 16-6.4d7(e)(2)(i), Specific Criteria, Residential Construction and Subsection 16-6.4d7(e)(2)(ii), Specific Criteria, Nonresidential Construction.
13.
Interpretation of Firm Boundaries.
(a)
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection 16-6.4d8.
e.
Steep Slopes. The purpose of designating steep slopes as critical areas is to prevent soil erosion and stormwater runoff resulting from development of such steep slope lands. Development, as defined in subsection 16-2.1 and including well and sewage disposal systems, throughout the Township shall occur only on the portion of a lot or tract outside the steep slope area, except as otherwise specifically permitted by ordinance, and except further as follows:
1.
No steep slopes shall be disturbed or developed, except as follows
in specific situations where it is determined by the Board that soil
erosion, land disturbance and other environmental concerns have been
adequately addressed by the developer. An isolated area or a narrow
band of steep slopes may be disturbed on a lot for good cause shown
by the developer, when approved by the Board.
2.
In seeking relief from this subsection, the applicant shall address the performance standards in subsection 16-6.4e3 below to the satisfaction of the Board. Departures and exceptions from the steep slope regulations set forth in this subsection shall be considered variances in accordance with N.J.S.A. 40:55D-70c.
3.
Performance Standards. The Board, in considering a variance, shall
be guided by, but not limited to, the following:
(b)
The developer shall demonstrate that the proposed development
has utilized the noncritical areas of the tract as reasonably practicable
and has attempted to minimize the disturbance of the critical steep
slope areas by limiting development to either isolated area(s) of
steep slopes and/or those slopes with less of a steep grade prior
to the disturbance of more environmentally sensitive critical areas.
(c)
Appropriate revegetation and landscaping of the disturbed steep
slope areas shall be provided to adequately stabilize the slopes and
enhance the attractiveness of the site, if necessary, and shall be
in accordance with accepted soil conservation and stormwater management
techniques as promulgated by the Soil Conservation District and the
Township Engineer.
(e)
The proposed disturbance of the steep slope area should minimize
the impairment of the visual quality of the site. Moreover, the higher
elevations along ridge and mountain tops which present visual amenities
should be protected, where possible.
(f)
The environmental impacts shall be satisfactorily controlled
by the development proposal in a manner acceptable to the Township
Engineer so that soil erosion, excess stormwater, runoff, degradation
of water quality, concentration of stormwater and water flow, and
flooding do not occur.
(g)
The developer also shall demonstrate that:
(1)
Unless an EIS is otherwise required, endangered or threatened
plants and wildlife shall not be harmed;
(2)
The geologic disturbance, including blasting, cutting or excavating,
resulting from the development of any critical steep slope area shall
be satisfactorily mitigated; and
(3)
The cost of providing and maintaining public facilities and
services to those areas where critical steep slopes may be disturbed
shall not be substantially increased as a result of such disturbance.
f.
Wetlands and Transition Areas. The purpose of designating wetlands
and wetland transition areas as critical areas is to assure that density
calculations for various types of planned developments result in a
unit construction that can be accommodated on the subject lands without
encroaching upon the wetlands. The designation of wetlands and wetland
transition areas as a critical land factor is to signal the location
of environmentally fragile lands which should be incorporated in open
space plans or located within a portion of a lot which need not be
physically developed. Further, Montgomery Township embraces the policy
of the State of New Jersey as established by the Freshwater Wetlands
Protection Act, N.J.S.A. 13:9B-1 et seq., that freshwater wetlands
are a finite and valuable resource and that activities in or affecting
wetlands should not destroy the natural wetland functions important
to the public safety and general welfare. Any disturbance of wetlands
and wetland transition areas is subject to the approval of NJDEP.
g.
Hydric Soils. The purpose of designating hydric soils as critical
areas is to assure the protection of environmentally fragile soils
classified as being hydric by the United States Department of Agriculture,
Natural Resources Conservation Service. By definition, hydric soils
are either saturated at or near the soil surface with water that is
virtually lacking free oxygen for significant periods during the growing
season or flooded frequently for long periods during the growing season.
As a result, hydric soils may develop anaerobic conditions that
favor the growth of hydrophytic vegetation, and therefore, may be
associated with a wetland. In Montgomery Township, the identified
hydric soils consist of, but are not necessarily limited to, Bowmansville,
Cokesbury, Croton, Elkton, Fluvaquents, Lamington, Parsippany, Parsippany
Variant, or Watchung soils.
Disturbance of critical hydric soils set forth in this subsection
shall require variance relief in accordance with N.J.S.A. 40:55D-70c.
[Ord. #85-482, S 605; Ord. #85-489, SS 1E, 1F; Ord. #87-570,
SS 6, 7; Ord. #88-581, S 2; Ord. #88-584, S V E-1; Ord. #88-602, S
3; Ord. #629, S 1; Ord. #630, S 1; Ord. #632, S 1; Ord. #89-639, SS
7, 8; Ord. #89-644, SS 1, 2; Ord. #89-684, S 1; Ord. #90-652, S 5;
Ord. #91-713, S 1; Ord. #91-729, SS 2, 3; Ord. #92-759, S 6; Ord.
#93-781, SS 8, 9; Ord. #94-796, S 1; Ord. #95-845, S 2; Ord. #96-885,
SS 9-11; Ord. #97-903 SS 2 — 6; Ord. #01-1050, S 9; Ord. #02-1072,
SS 3, 4; Ord. #03-1083, S 2; Ord. #03-1122, SS 5, 6; Ord. #04-1136,
S 1; Ord. #04-1138, SS 5, 6; Ord. #06-1219, SS 4, 5; Ord. #07-1248,
S 1; Ord. #11-1399, § 5; Ord. #12-1409; Ord. #12-1418, SS
14 — 18; Ord. No. 17-1539 § 3; Ord. No. 17-1557 § 5, 6; Ord. No. 17-1558 § 3; 12-10-2018 by Ord. No. 18-1597; 3-21-2019 by Ord. No. 19-1605; 6-17-2021 by Ord. No. 21-1662; 10-19-2023 by Ord. No. 23-1707; amended 4-18-2024 by Ord. No. 24-1723]
a.
Types and Locations.
1.
Single-Family Residential Clusters I are permitted on tracts of land
at least 50 acres in area within portions of the R-1 and R-2 Zoning
Districts where indicated on the Zoning Map;
2.
Single-Family Residential Clusters II are permitted on tracts of
land at least 50 acres in area within portions of the R-2 Zoning District
where indicated on the Zoning Map;
3.
Planned Residential Developments are permitted on tracts of land
at least 100 acres in area within portions of the R-1 Zoning District
where indicated on the Zoning Map.
4.
Single-Family Conservation Design Subdivisions are permitted and encouraged within the R-5 and MR Zoning Districts only, with individual lots served by individual septic systems, and with minimum sized tracts of land as indicated in Subsection 16-6.5g2 hereinbelow.
5.
A Planned Shopping Complex is permitted on a tract of land at least
50 acres in area within those portions of the HC Highway Commercial,
the REO-3 Research, Engineering and Office and the R-2 Single-Family
Residential zoning districts where indicated on the Zoning Map.
6.
A Planned Office Complex is permitted on a tract of land at least
145 acres in area within those portions of the R-2 Single-Family Residential
and the REO-2 and REO-3 Research, Engineering and Office zoning districts
where indicated on the Zoning Map.
7.
A Planned Behavioral Complex is permitted on a tract of land at least
85 acres in area within those portions of the MR Zoning District along
County Route 601 where indicated on the Zoning Map.
b.
Residential Clusters I; Residential Clusters II.
2.
Accessory Uses Permitted.
(b)
Private residential sheds for the storage of objects owned by
the residents of the property.
(c)
Recreational facilities customarily associated with detached
single-family units. Any recreational facilities located on open space
lands within a Residential Cluster shall be subject to review by the
Planning Board regarding surface water management and potential negative
impacts upon nearby properties.
(g)
Home occupations in Residential Clusters I only (see Subsection 16-6.7 for requirements and review procedures).
(h)
Underground sprinkler systems, provided the spray therefrom
is not projected outside of the lot or street lines.
(i)
In conjunction with farms only, roadside stands offering for sale produce harvested on the farmed premises, provided they are set back at least 15 feet from the street line and have no more than one sign in excess of eight square feet. See the definition of farm in Subsection 16-2.1 for additional permitted accessory farm uses.
3.
Maximum Building Height.
(a)
Non-age-restricted detached dwelling units shall not exceed
35 feet and 2 1/2 stories in height.
(b)
Age-restricted detached dwelling units shall not exceed 32 feet
and 2 1/2 stories in height, except as follows:
(1)
The height of any age-restricted detached dwelling unit located
on a lot situated in any part within 50 feet of any existing street
or tract boundary line shall be measured from the pre-development
ground elevation existing at the time of preliminary subdivision approval;
and
(2)
The building height of the garage portion of the age-restricted
dwelling unit shall not exceed 22 feet.
(c)
No accessory building shall exceed 15 feet and one story in
height.
4.
Maximum Number Of Dwelling Units Permitted.
(a)
Residential Clusters I (with both public water and public sewer
facilities). The maximum number of dwelling units permitted within
a Residential Clusters I development is equal to one dwelling unit
per gross acre of "non-critical" lands within the tract, from which
acreage an area equivalent to 10% of the total tract acreage is first
subtracted as an allotment for streets, plus a transfer of an additional
1/5 dwelling unit per gross acre from any "critical" lands within
the tract to the "non-critical" areas, provided and in accordance
with the following:
(1)
Within any Residential Clusters I development at least 500 acres in size, up to 20% of the detached dwelling units may be age-restricted and may be constructed on lots smaller than otherwise required for non-age-restricted units (see Subsection 16-6.5b5 for the Area and Yard requirements for both age-restricted and non-age-restricted units);
(2)
Any portion or phase of a Residential Clusters I development
containing age-restricted dwelling units shall not exceed a net density
of 1.24 dwelling units per gross acre of land within that portion
or phase, rounded downward to the nearest whole number, including
both the age-restricted units and the non-age-restricted units within
the subject portion or phase of the development;
(3)
No approval to any Residential Clusters I development shall
be granted by the Planning Board unless the Planning Board Engineer
confirms that sufficient sewerage capacity exists to serve the proposed
dwelling units; and
(4)
No structures shall be constructed on any "critical" lands.
(b)
Residential Clusters II (with both public water and public sewer
facilities). The maximum number of dwelling units permitted within
a Residential Clusters II development is equal to two dwelling units
per gross acre of "non-critical" lands within the tract, from which
an area equivalent to 10% of the total tract acreage is first subtracted
as an allotment for streets, plus a transfer of an additional 1/5
dwelling unit per gross acre from any "critical" lands within the
tract to the "non-critical" areas, provided and in accordance with
the following:
5.
Area and Yard Requirements.
|
Residential Clusters I Non-Age-Restricted Units
|
Residential Clusters I Age-Restricted Units
|
Residential Clusters II Approved Prior to 1991
|
Residential Clusters II Approved During or After 1991
| |
|---|---|---|---|---|
|
Lot Area (1)
| ||||
|
Minimum
|
14,500 square feet
|
6,000 square feet
|
6,000 square feet
|
4,500 square feet
|
|
Maximum
|
33,000 square feet
|
N.A.
|
9,000 square feet
|
7,500 square feet
|
|
Average (2)
|
22,000 square feet
|
N.A.
|
7,500 square feet
|
6,000 square feet
|
|
Principal Building Minimums
| ||||
|
Lot frontage
|
100 feet
|
60 feet
|
75 feet
|
50 feet
|
|
Lot width
|
100 feet
|
60 feet
|
75 feet
|
50 feet
|
|
Lot depth
|
125 feet
|
85 feet
|
80 feet
|
80 feet
|
|
Side yards
|
20 feet each (3)
|
5 feet 1; 10 feet other (4)(5)
|
35 feet 1; 0 feet other (5)
|
0 feet 1; 15 feet other (4)(5)
|
|
Front yard
|
40 feet
|
20 feet
|
25 feet
|
25 feet
|
|
Rear yard
|
30 feet
|
20 feet (4)
|
20 feet (4)
|
15 feet (4)
|
|
Accessory Building Minimums
| ||||
|
Distance to side line
|
10 feet
|
5 feet
|
5 feet
|
15 feet
|
|
Distance to rear line
|
15 feet
|
10 feet
|
10 feet
|
5 feet
|
|
Distance to other bldg.
|
10 feet
|
5 feet
|
5 feet
|
5 feet
|
|
Maximums (6)(7)
| ||||
|
Coverage of principal building
|
10%
|
40%
|
15%
|
30%
|
|
Coverage of accessory structures
|
3%
|
N.A.
|
2%
|
N.A.
|
|
Floor area Ratio
|
N.A.
|
0.50
|
N.A.
|
0.50
|
|
Lot Coverage
|
N.A.
|
55%
|
N.A.
|
50%
|
|
Seven (7) Footnotes for Subsection 16-6.5b5, Area and Yard Requirements, for Residential Clusters I and II
| ||
|---|---|---|
|
(1)
|
No residential lot within any Residential Clusters development
shall have driveway access to any road other than a local road as
designated within the Traffic Circulation Plan portion of the Montgomery
Township Master Plan.
| |
|
No residential lot within any Residential Clusters development
shall abut Route 206 and the setback of any principal building shall
be a minimum of 200 feet from the Route 206 right-of-way.
| ||
|
No residential lot within any Residential Clusters development
shall abut any type of arterial or collector road and shall be separated
from the road by a planted and bermed buffer area at least 50 feet
wide.
| ||
|
(2)
|
The calculation of the average lot size shall include residential
lots only, and the average size of all residential lots within any
Residential Clusters development shall not be more than 15% larger
than the average lot size specified in the table.
| |
|
(3)
|
Except that a 10 foot side yard setback shall be permitted for
an attached garage.
| |
|
(4)
|
Design elements and decks as described hereinbelow may extend
not more than 3 feet into the minimum required yard area, provided
that the extensions will only be permitted when privacy walls, landscaped
screening and/or fencing is incorporated as part of the overall design
of the dwelling unit or where the subject yard abuts a major open
space area at least 100 feet wide along the entire length of the subject
lot line.
| |
|
First Floor Design Elements: Chimneys, window elements, eaves,
entranceway elements and similar architectural and foundation projections
as approved by the Planning Board, provided that the total length
of such extensions is no more than 45% of the linear distance of the
subject foundation wall.
| ||
|
Second Floor Design Elements: Chimneys, eaves, bays, cantilevers
and windows.
| ||
|
Decks: Decks may be permitted, subject to the specific approval
by the Planning Board of specific submitted designs, provided that
such decks are located in side and/or rear yard areas only, are set
back at least 5 feet from all property lines and do not occupy more
than 25% of any side or rear yard area within which the deck is located.
| ||
|
(a)
|
Decks located off the first floor of a dwelling unit shall be
no more than 2 feet higher than the mean elevation along the building
foundation measured to the top of the deck platform.
| |
|
(b)
|
Decks located off the second floor may only be permitted where
the subject yard abuts a major open space area at least 100 feet wide
along the entire length of the subject lot line.
| |
|
(c)
|
Decks, and the landscaping in the vicinity of the deck, shall
be designed, installed and maintained to permit reasonable pedestrian
access to the rear yard.
| |
|
(5)
|
In any case, detached single-family dwellings on adjacent lots
shall be separated by a distance of at least 15 feet, such distance
measured between foundation walls, but excluding any design element
or deck extension permitted in accordance with Footnote (4) hereinabove.
It is the specific intent of this requirement that no 2 detached dwellings
be constructed along a common lot line.
| |
|
(6)
|
In order to reasonably assure that a sufficient area of a lot
remains available to a property owner for potential building expansion
and/or for the construction of accessory structures on the lot without
the necessity for variance approval by the Zoning Board of Adjustment,
the following information shall be provided to the Planning Board
for review and approval:
| |
|
(a)
|
A typical plan for the required minimum, maximum and average
lot sizes, as applicable to the development, indicating the maximum
building coverage of the principal building, the maximum floor/area
ratio and the maximum lot coverage to be constructed on the lots prior
to initial sale to a homeowner;
| |
|
(b)
|
Additionally, recognizing the relationship between floor/area
ratio and lot coverage, the applicant shall submit prototypical architectural
plans for the houses to be constructed on the required minimum, maximum
and average lot sizes, as applicable, indicating the scale and mass
of the homes to be constructed, the relationship between first and
second floor elevations and the typical type and extent of landscaping
to be provided at time of initial sale to a homeowner; and
| |
|
(c)
|
The Planning Board shall have the right to require specific
restrictions to be incorporated in the deeds of the lots and within
the bylaws of any Homeowners' Association regarding future building
expansion and/or the construction of additional accessory structures
when the maximum building coverage of the principal building, floor
area ratio and/or lot coverage will be entirely or nearly utilized
at the time of initial sale to a homeowner.
| |
|
(7)
|
As an option to the owner or developer of any Residential Clusters
I development, or as an option to the owner or developer of a Residential
Clusters II development approved prior to 1991, and subject in any
case to review and approval by the Planning Board, the following alternative
maximum coverage of principal building, floor/area ratio and lot coverage
provisions may apply to non-age-restricted lots in accordance with
the conditions noted as well as any other conditions which reasonably
may be imposed by the Planning Board:
| |
|
Residential Clusters I
|
Residential Clusters II
| |
|---|---|---|
|
Maximum Coverage of principal building
|
15%
|
25%
|
|
Floor/area ratio
|
0.20 (*)
|
0.40
|
|
Lot coverage (**)
|
25%
|
40%
|
|
(*)
|
Except that approved lots less than 18,250 square feet in area
shall be permitted a maximum floor/area ratio of 0.25.
|
|
(**)
|
The Planning Board Engineer must find that the stormwater management
system of the development is adequate to accommodate any additional
runoff due to the increased lot coverage.
|
6.
Minimum Off-Street Parking.
(a)
Two and one-half spaces per dwelling unit. Each garage space
and the driveway leading to the garage space shall, together, be considered
one parking space.
(b)
No parking area or driveway shall be located within six feet
of any property line of a lot within any Residential Clusters I development.
(c)
Any parking area or driveway on a lot within any Residential
Clusters II development shall be set back from any property line at
least the same distance as the garage is set back from the property
line, or six feet, whichever is less.
8.
Common Open Space Requirements. Each Residential Cluster shall be provided sufficient active and passive recreational facilities for the intended residents of the development. Such facilities shall be as approved by the Planning Board and may include field areas, play lots, swimming pools, tennis courts and/or other similar facilities as deemed appropriate and reasonable. At the request of the developer, such facilities may be located within or outside the development; however, if the facilities are to be located outside the development, the location and type of facilities shall be subject to review and approval by the Planning Board, consistent with reasonable land use planning practices. See Subsection 16-6.5d of this section for additional standards, requirements and guidelines.
9.
Special Requirements for Age-Restricted Dwelling Units.
(a)
All age-restricted units shall be deed restricted for occupancy
by households with at least one person 55 years of age or older and
with no person less than 19 years of age, provided that visitors less
than 19 years of age are permitted for no more than eight weeks during
any twelve-month time period, and the wording of such deed restriction
shall be submitted to the Planning Board for review and approval as
part of the application for final subdivision approval;
(b)
Garages shall be attached to the principal building and shall
be considered part of the detached dwelling unit for floor/area ratio
calculations; no detached accessory garages shall be permitted;
(c)
The gross floor area situated above the first floor of a detached
dwelling unit shall not equate to more than 42.5% of the gross floor
area situated on the first floor of the dwelling unit;
(d)
Windows on detached dwelling units shall be restricted as follows:
(1)
No windows shall be permitted on the first floor within five
feet of any side property line;
(2)
Windows on the first floor, situated on a wall located less
than 10 feet, but more than five feet, from a side property line,
shall be located at least five feet above the outside ground elevation
beneath the window, unless applicable construction code provisions
require a lower window elevation, in which case the windows shall
be located as high on the wall as permitted by such code provisions;
(3)
Windows on the second floor, situated on a wall located within
10 feet of a side property line, shall not exceed an aggregate area
(as measured from the interior of the window sills and frames) equal
to 25% of the outside wall area of the room with the window(s); and
(4)
Windows on walls set back 10 feet or more from a property line
shall have no window treatment restrictions.
(e)
Architectural elevations of all proposed age-restricted dwelling
units shall be submitted to the Planning Board for review and approval
as part of the final subdivision submission and the information provided
shall include the proposed surface materials of the buildings; and
(f)
Any lot for an age-restricted dwelling unit shall be set back
at least 100 feet from any perimeter tract boundary line and any existing
roadway, except that the Planning Board shall selectively permit setbacks
more or less than 100 feet in accordance with the following:
(1)
The overall average of the setback distances from the perimeter
tract boundary lines and from existing roadways shall be 100 feet,
and the minimum of the subject setback distances shall be 50 feet,
except that a minimum setback distance of 25 feet shall be permitted
where the subject property abuts a tract of land 50 acres in size
or larger.
(2)
When the applicant designs the subdivision layout and when the
Planning Board considers approval of the submitted design, both the
applicant and the Planning Board shall adhere to the following guidelines:
(i)
Consideration shall be given to the particular
characteristics of the subject land area and the constraints and opportunities
to achieve an optimum site layout design;
(ii)
In any case, setback distances greater than 100
feet shall be provided along the tract's perimeter as needed in order
to provide a minimum separation distance of 200 feet between any proposed
age-restricted lot and any existing principal dwelling on a neighboring
property.
(iii)
Notwithstanding the above, new access roads shall
be permitted into the subject tract, provided said access roads are
set back as far as possible from the closest dwelling on a neighboring
property, but in no case shall the setback be less than 25 feet from
all tract boundary lines.
(3)
The setback distances may contain only existing vegetation,
or the Planning Board may require additional and/or alternative landscaping,
including planted berms, as determined by the Planning Board to be
needed to appropriately and reasonably buffer the proposed age-restricted
dwelling units from the existing roadways and from existing residential
dwellings on adjacent properties.
c.
Planned Residential Developments.
1.
Principal Permitted Uses on the Land and in Buildings.
(a)
Detached single family dwellings.
(c)
Senior citizen housing as a conditional use under N.J.S.A. 40:55D-67 (see Subsection 16-6.1 for standards).
(d)
Nonresidential uses limited to those listed hereinbelow provided
that the total area of land devoted to said nonresidential uses shall
encompass no more than 10% of the overall tract acreage and provided
that the nonresidential uses are primarily oriented to serve the needs
of the residents of the Planned Residential Development:
(1)
Retail sales of goods and services.
(2)
Professional offices limited to those professional occupations
licensed by components of the State of New Jersey, Department of Law
and Public Safety, Division of Consumer Affairs.
(3)
Banks, including drive-in facilities.
(4)
Restaurants.
(5)
Shopping centers comprised of the above uses.
(6)
Public utilities as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1 for standards).
2.
Accessory Uses Permitted.
(a)
Recreational facilities as approved by the Planning Board as
part of a site plan application for development.
(c)
Fences and walls (see Subsection 16-5.3); provided that the Board may approve privacy fences and walls up to six feet in height, with such fences and walls located on lot lines as a shared element between the lots.
(e)
Patios and wooden decks as specifically approved by the Planning
Board.
3.
Maximum Building Height. No building shall exceed 35 feet in height and 2 1/2 stories except as allowed in Subsection 16-6.2 and except further that, notwithstanding the definition of a "building height" in Subsection 16-2.1 of this chapter, apartment buildings shall not exceed 40 feet in height and three stories, measured vertically, building section by building section, from the mean elevation of the finished grade of the foundation of the subject building section along the front of the building to the highest point of the building, directly above the subject building section, with each building section being the length of the building beneath the first floor dwelling unit in the front of the building; provided that:
(a)
The minimum roof pitch of the building is at least a 5:12 ratio;
(b)
Every egress window as defined by the Uniform Construction Code
of the State of New Jersey shall be directly and safely accessible
from the ground by the twenty-eight-foot ladder placed at the National
Fire Protection Association at the National Fire Protection Association
(NFPA) accepted ladder-to-ground angle of elevation;
(c)
The slope of the grade within 15 feet of the building shall
be no greater than 3%;
(d)
The third story exposed vertical walls do not exceed 75% of
the perimeter of the building foundation; and
(e)
No more than 50% of the total number of residential buildings
within the Planned Residential Development shall include any section
of the buildings exceeding 35 feet in height and 2 1/2 stories.
4.
Maximum Number of Dwelling Units Permitted. The maximum number of
dwelling units within a Planned Residential Development shall be computed
on the basis of seven dwelling units per acre of noncritical lands,
having first subtracted 10% of the total land area for permitted nonresidential
uses, plus a transfer of an additional 1/5 dwelling unit per acre
from the critical lands to the non-critical lands. Detached single-family
dwellings and patio homes, together, shall comprise no more than 20%
of the total residential units in the development. It is the specific
intent of this chapter that no structures be constructed on any critical
lands within a Planned Residential Development.
5.
Area and Distance Requirements.
(a)
Minimum distance between townhouse and apartment buildings shall
be measured horizontally in feet and shall be measured away from the
front, side and rear of each building. The total minimum separation
between the buildings shall be the sum of the two abutting distances.
The minimum distances shall be 25 feet for the front of a building
on a public street and 10 feet for the front of a building on a private
street; 15 feet for the side of a building; and 25 feet for the rear
of a building. No portion of any building shall be closer to any portion
of any other building than the combined distances of the abutting
requirements for each building, providing that the corner of a building
offset more than a 20° angle from a line drawn parallel to another
building shall be considered a side of the building. In addition,
no building shall be located closer than 50 feet from the right-of-way
line of an arterial street, 40 feet from the right-of-way line of
any collector street, 25 feet from the right-of-way line of any local
street, or 10 feet from any private road or parking area. Wooden decks
extending into the rear yard not more than eight feet from a building
may be included in the required separation distances between townhouse
and apartment buildings, but shall not be included in the required
setback distances from streets, private roads, or parking areas.
(b)
Areas devoted to the permitted nonresidential uses shall meet
the following requirements:
(1)
A maximum lot coverage of 50% and a maximum floor/area ratio
of 0.15 shall be permitted.
(2)
At least the first 25 feet adjacent to any street or property
line shall not be used for parking and shall be planted and maintained
in lawn area, ground cover, or landscaped with evergreen shrubbery.
(3)
No merchandise, products, waste, equipment or similar material
or objects shall be displayed or stored outside.
(4)
All areas not utilized for buildings, parking, loading, access
aisles and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or similar plantings and maintained
in good condition. In any case, no less than 50% of the total area
devoted to the permitted nonresidential uses shall be landscaped.
(c)
Detached single-family dwellings shall meet the following requirements:
|
Detached Single-Family Dwellings
| ||
|---|---|---|
|
Wide Lot
|
Deep Lot
| |
|
Principal Building Minimum
| ||
|
Lot area
|
4,200 square feet
|
4,500 square feet
|
|
Lot frontage
|
60'
|
50'
|
|
Lot width
|
60'
|
50'
|
|
Lot depth
|
70'
|
90'
|
|
Side yard (1)
|
7' each
|
14' one; 0' other (2)
|
|
Front yard (1)
|
25'
|
25'
|
|
Rear yard (1)
|
15'
|
15'
|
|
Accessory Building Minimum
| ||
|
Distance to side line
|
5'
|
5'
|
|
Distance to rear line
|
5'
|
5'
|
|
Maximum lot coverage
|
60%
|
60%
|
|
NOTES:
| |
|---|---|
|
(1)
|
Design elements and decks may extend into the minimum required
yard area as indicated below, provided that in all cases the first
floor and second floor design elements may intrude not more than 3
feet into the minimum required yard area (decks may extend further),
and provided further that the extensions will only be allowed when
privacy walls, screening or fencing are incorporated as part of the
overall design of the dwelling unit or where the subject yard area
abuts major open space areas at least 100 feet in width along the
entire length of the subject lot line.
|
|
First Floor Design Elements: Chimneys, window elements, eaves,
entranceway elements, and similar architectural and foundation projections
as approved by the Planning Board, provided that the total length
of such extensions is limited to 45% of the linear distance of the
foundation wall, and provided further that such extensions are only
permitted on 2 sides of the building, excluding minimal extensions
for front steps and front door column features.
| |
|
Second Floor Design Elements: Chimneys, eaves, bays, cantilevers
and windows.
| |
|
Decks: Decks may be permitted, subject to specific approval
by the Board of specific submitted designs, provided that such decks
are located in side and/or rear yard areas only, are set back a minimum
of 5 feet from all property lines, and do not occupy more than 25%
of any particular side or rear yard area within which a deck is located.
Decks off the first floor of a dwelling unit shall be no more than
2 feet higher than the mean elevation along the building foundation
below measured to the to of the deck platform. Decks off the second
floor of a dwelling unit may only be permitted where the subject yard
area abuts major open space areas at least 100 feet in width along
the entire length of the subject lot line. Decks and landscaping in
the vicinity thereof shall be constructed and/or maintained at all
times so as to afford reasonable pedestrian access to rear yards.
| |
|
(2)
|
Provided that detached single-family dwellings on adjacent lots
shall be separated by a distance of at least 14 feet.
|
6.
Minimum Off-Street Parking.
(a)
Detached single-family dwellings shall provide two spaces per
dwelling unit.
(b)
Townhouses and apartments without garages shall provide 1 1/2 spaces for each unit consisting of one bedroom or less and two spaces for each unit consisting of more than one bedroom. Townhouses and apartments with garages shall provide two spaces per unit. Each one car garage space and the driveway leading to the garage space shall, together, be considered 1 1/2 parking spaces; provided the driveway is dimensioned to park a car off-street in accordance with the definition of "Parking Space" in Subsection 16-2.1 of this chapter.
(c)
Retail and service activities and shopping centers shall provide
parking at the ratio of one space per 200 square feet of net habitable
floor area.
(d)
Banks shall provide parking at the ratio of one space per 200
square feet of net habitable floor area. Additionally, drive-in banks
shall provide room for at least 12 automobiles per drive-in window
and/or lane for queuing purposes.
(e)
Restaurants shall provide a minimum of one parking space for
every three seats.
(f)
Professional offices shall provide one space for every 250 square
feet or fraction thereof of net habitable floor area.
(g)
In any event, each use shall provide a sufficient number of
spaces in appropriate locations so that no parking aisle or fire lane
is used at any time for parking. Streets may only be used for parking
if specifically approved by the Board. Moreover, parking areas for
individual uses shall be designed to be interconnected with adjacent
properties and shall utilize common entrance(s) and exit(s), where
feasible, to minimize access points to the street(s).
7.
Minimum Off-Street Loading. Each nonresidential building shall provide
for off-street loading and unloading with adequate ingress and egress
from streets and with adequate space for maneuvering and shall provide
such area at the side or rear of the building. Each space shall be
at least 15 feet by 40 feet and a minimum of one space shall be provided
for each building. Additional spaces may be necessary and required
dependent upon the specific activity. There shall be no loading and
unloading from the street.
8.
Permitted Signs.
(a)
Detached single-family dwellings: Information and direction
signs as defined in Subsection 16-5.13a5.
(b)
Townhouses and apartments shall be permitted signing as specifically
approved by the Board based upon the specific needs of the proposed
development.
(c)
Each principal commercial building not part of a shopping center
or each shopping center may have (1) major sign either free-standing
or attached, not exceeding 5% of the front facade of the principal
building or 75 square feet, whichever is smaller. Free-standing signs
shall be set back at least 30 feet from all street and property lines.
Where a principal use occupying at least 750 square feet of segregated
area has direct access from the outside, a sign not exceeding eight
square feet in area identifying the name of the activity shall also
be permitted. Such additional signs(s) shall be either attached flat
against the building at the entrance to the activity or suspended
in perpendicular fashion from a roof over a common walkway. Suspended
signs shall be no closer than eight feet at their lowest point to
the finished grade below.
(d)
Traffic directional signs and entrance signs to the Planned
Residential Development and to different portions of the Planned Residential
Development shall be permitted as specifically approved by the Board
based upon the specific needs of the proposed development.
(e)
All signs in the development shall conform in character with
all other signs in the development and shall blend with the overall
architectural scheme of the development.
9.
Common Open Space Requirements. See Subsection 16-6.5d for standards, requirements and guidelines except that the provisions concerning exclusion of detention and retention basins from common open space shall not be applicable.
10.
Low and Moderate Income Housing Requirements.
(a)
At least 20% of the total number of townhouse and apartment
residential dwellings with a Planned Residential Development (PRD)
shall be subsidized or otherwise made affordable to lot and moderate
income households as discussed and defined in the Mt. Laurel II Supreme
Court Decision (So. Burlington County, N.A.A.C.P. v. Mt. Laurel Tp.,
92 N.J. 158 (1983).
11.
Emergency Vehicular Access. Reasonably unimpeded emergency vehicular
access over a stabilized travel-way shall be provided to within 100
feet of any principal access to a residential unit.
d.
Open Space Requirements.
1.
Land equal to a minimum of 40% of the tract of land proposed for
residential development shall be specifically set aside for conservation,
open space, flood plain, recreation and/or other common open space.
Land utilized for street rights-of-way, detention or retention basins
shall not be included as part of the above 40%, and no more than 1/2
of the minimum 40% land area may be critical lands. Moreover, within
the non-critical open space, at least one contiguous area shall be
large enough to have inscribed within it a circle with a diameter
of 250 feet, which diameter shall not pass over any detention or retention
basin, street right-of-way, or critical acreage.
2.
In its preparation of the set-aside common open space and the purposes
proposed for its use, the developer shall be guided by the recommendations
contained within the Township Master Plan prepared by the Planning
Board, the Recreation Master Plan prepared by the Township Recreation
Department, and the Natural Resource Inventory prepared by the Township
Environmental Commission. High priority concerns include:
(a)
The location and construction of adequate recreational facilities
throughout the Township for public use;
(b)
The conservation of stream rambles throughout the Township for
passive recreational use, thereby forming connective links for pedestrian
travel;
(c)
The protection of environmentally fragile and important resource
land areas, including aquatic buffer areas, 500-year flood plains,
wetlands, and treed acreage.
(d)
The common open space shall be distributed throughout the development
so that as many residential lots as is practicable abut and have access
to the common open space.
The Township shall review the submitted common open space plan
in the context of the particular development proposal, the particular
characteristics of the subject land area, and the ability, desirability
and practicality of relating the proposed open space to adjacent and
nearby lands. In any case, the lands shall be improved as may be necessary
to best suit the purpose(s) for which they are intended.
3.
Should the proposed development consist of a number of stages, the
Planning Board may require that acreage proportionate in size to the
stage being considered for final approval be set aside simultaneously
with the granting of final approval for that particular stage, even
though these lands may be located in a different section of the overall
development.
4.
Common open space may be deeded to the Township or dedicated to an
open space organization or trust, with incorporation and by-laws to
be approved by the Planning Board. If common open space is not dedicated
and accepted by the Township, the landowner shall provide for and
establish an open space organization or trust for the ownership and
maintenance of the common open space. Such organization or trust shall
not be dissolved, nor shall it dispose of any common open space by
sale or otherwise.
(a)
If the applicant proposes that the common open space shall be
dedicated to the Township, then the Planning Board shall forward such
request with its recommendation to the Township Committee prior to
the granting of preliminary plan approval of any development application
containing common open space.
(b)
All lands not offered to and/or not accepted by the Township
shall be owned and maintained by an open space organization or trust
as provided in N.J.S.A. 40:55D-43 and stipulated herein.
5.
In the event that the organization created for common open space
management shall fail to maintain any open space or recreation area
in a reasonable order and condition in accordance with the approved
site plan, the Township may serve notice upon such organization or
upon the owners of the development, setting forth the manner in which
the organization has failed to maintain such areas in reasonable conditions,
and said notice shall include a demand that such deficiencies of maintenance
be cured within 30 days thereof and shall set the date and place of
hearing thereon which shall be held within 15 days of the notice.
At such hearing the Township may modify the terms of the original
notice as to the deficiencies and may give an extension of time not
to exceed 65 days, within which time the deficiencies shall be cured.
(a)
If the deficiencies set forth in the original notice or in modifications
thereof shall not be cured within said 30 days or any extension thereof,
the Township, in order to preserve the common open space and maintain
the same for a period of one year, may enter upon and maintain such
land. Said entry and said maintenance shall not vest in the public
any rights to use the open space and recreation areas except when
the same is voluntarily dedicated to the public by the owners.
(b)
Before the expiration of said year, the Township shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of said areas, call a public hearing
upon 15 days' written notice to such organization and to the owners
of the development to be held by the Township, at which hearing such
organization and owners of the development shall show cause why such
maintenance by the municipality shall not, at the election of the
Township, continue for a succeeding year. If the Township shall determine
that such organization is ready and able to maintain such open space
and recreation areas in reasonable condition, the Township shall cease
to maintain such open space and recreation areas at the end of said
year. If the Township shall determine such organization is not ready
and able to maintain said open space and recreation areas in a reasonable
condition, the Township may, in its discretion, continue to maintain
said open space and recreation areas during the next succeeding year
and, subject to a similar hearing, a determination in each year thereafter.
The decision of the Township in any case shall constitute a final
administrative decision subject to judicial review.
(c)
The cost of such maintenance by the Township shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with the assessed
value at the time of imposition of the lien, and shall become a lien
and tax on said properties and be added to and be a part of the taxes
to be levied and assessed thereon, and enforced and collected with
interest by the Township in the same manner as other taxes.
(d)
Any open space organization or trust initially created by the
developer shall clearly describe in its by-laws and resolutions the
rights and obligations of the homeowners and tenants in the residential
development. In the case of planned developments containing townhouse
dwelling units, the by-laws or resolutions shall include regulations
governing the provisions for accessory decks, patios and fences for
the townhouse dwelling units which shall be approved as part of the
original site plan application and/or amendments thereto. The articles
of incorporation of the organization and the by-laws and resolutions
shall be submitted for review by the Planning Board prior to the granting
of the original final or amended site plan approval by the Township.
e.
Low and Moderate Income Housing Requirements.
1.
The applicant shall submit, with the application for development,
a narrative description of the mechanism to be used to insure that
the required affordable dwelling units are rented or sold only to
low and moderate income households and that such units will continue
to be occupied by low and moderate income households for a period
not less than 30 years. In addition to such description, actual samples
of language to be included in the nature of covenants shall be submitted.
The submitted description shall indicate the entity or entities
responsible for monitoring the occupancy of the low and moderate income
units and shall provide a detailed discussion concerning resales,
permitted increases in price, prequalification of occupants and other
relevant considerations.
2.
Every low and moderate income housing unit shall be sold at a monthly
carrying cost (assuming a 10%) downpayment and including mortgage
principal and interest payments, property taxes, homeowners association
fees and insurance, but excluding utilities) not exceeding 28% of
the household's annual gross income, or rented at a monthly rent (including
an allowance of utilities) not exceeding 30% of the household's annual
gross income; provided that the sales prices and rent levels shall
be set so as to be affordable to households with incomes at least
between 40% and 50% of the median for low income households, and between
65% and 80% of the median for moderate income households, provided
that units shall be affordable not only by households at the floor
and ceiling income levels for 'low' and 'moderate' income households,
respectively, but also by a reasonable cross-section of households,
within each income category. Maximum rents and sale prices shall be
established based on the following assumptions on occupancy of units
by household size:
|
Efficiency
|
1 person
|
|
1 bedroom
|
1 — 2 persons
|
|
2 bedrooms
|
3 persons
|
|
3 bedrooms
|
4 — 5 persons
|
3.
For purposes of this chapter, "low-income households" are those with
an income no greater than 50% of the median household income of the
Middlesex-Somerset-Hunterdon Primary Metropolitan Statistical Area
(PMSA), adjusted for household size, and "moderate-income households"
are those with incomes no greater than 80% and no less than 50% of
the median household income of the Middlesex-Somerset-Hunterdon Primary
Metropolitan Statistical Area, adjusted for household size. These
maximum household income levels for low and moderate income households
correspond to the "very-low-income" and "low-income" levels designated
by the U.S. Department of Housing and Urban Development (HUD) for
its Section 8 Rental Assistance Program and available from its Newark
Area Office.
(a)
At least 25% of the required number of low and moderate income
units shall be rental units. The developer shall ensure that 50% of
said rental units shall be provided for low income households and
50% for moderate income households. Moreover, the bedroom mix of the
low- and moderate-income units shall, at a minimum, contain the following
distribution of unit types:
|
1 bedroom — 45%
|
|
2 bedrooms — 20%
|
|
3 bedrooms — 10%
|
(b)
At least 25% of the required number of low and moderate income
units, and such additional units as may be required to achieve the
low and moderate income housing requirements within the development,
shall be dwellings for sale. The developer shall ensure that 50% of
said sale units shall be provided for low income households and 50%
for moderate income households. Moreover, the bedroom mix of the low-
and moderate-income units shall, at a minimum, contain the following
distribution of unit types:
|
1 bedroom — 45%
|
|
2 bedrooms — 20%
|
|
3 bedrooms — 10%
|
(c)
Upon proofs submitted by the applicant that low and moderate income housing units are more likely to be produced by the waiver of the rental vs. sales mix requirements set forth in Subsections 16-6.5e3(a) and 16-6.5e3(b) hereinabove, the Planning Board shall permit the applicant to provide only rental or only sale units; provided, however, that if only sale units are proposed, the applicant shall make available a sum equivalent to the required downpayment for the available mortgage financing at the time of closing for 50% of the low-income units as a fund available to assist low-income households with the purchase of a dwelling unit.
4.
Low- and moderate-income housing units shall be situated on the development
tract in locations no less desirable than the other dwelling units
within the development, and shall be at least equally accessible to
common open space, community facilities and shopping facilities.
f.
Fee Simple Townhouse Lots. Lot and yard dimensions encompassing individual
townhouse dwelling units may be freely disposed and arranged on a
tract of land, provided they are superimposed upon an approved site
plan for the subject development. Additionally, the following provisions
shall be met:
1.
The boundaries of any lot shall not infringe upon any common open
space land areas, nor shall the boundaries of any lot be closer than
five feet from any driveway or parking lot area.
2.
No lot line shall be located closer than 25 feet from any tract property
line or any collector street, nor closer than 10 feet from any local
street.
3.
No construction permit shall be issued for any townhouse dwelling
unit or accessory deck, patio or fence of the townhouse unit unless
the proposed construction is in accordance with the originally approved
final site plan or amendments thereto, which shall include homeowners'
association bylaws and resolutions governing the provisions for accessory
decks, patios and fences; and this condition shall be recited in the
deed of the subdivided lot. No application for a construction permit
will be accepted for processing unless accompanied by a statement
from the homeowners' association that the proposed construction has
been approved by the homeowner's association.
g.
Single-Family Conservation Design Subdivisions.
1.
Purpose. The basic purpose of permitting the development of single-family
conservation design subdivisions is to provide a method of creating
imaginatively designed single-family residential environments which
preserve and safeguard desirable and appropriate open spaces, treed
areas, historic sites, existing streetscapes, steep slopes, flood
plains, wetlands, wetlands transitional areas, stream corridors and
scenic vistas by permitting the reduction of lot sizes without increasing
the number of residential lots otherwise permitted and feasible to
be developed.
2.
Location and Size. Single-family conservation design subdivisions
are permitted as optional development alternatives within the R-5
and MR zoning districts only, with individual lots served either by
public sewage treatment facilities or by individual septic systems,
and with minimum sized tracts of land areas as follows:
(a)
Tracts of contiguous land 25 acres in size and larger within
the R-5 and/or MR zoning districts are permitted to be developed in
accordance with the optional single-family conservation design subdivision
provisions of this subsection.
(b)
Tracts of contiguous land less than 25 acres in size, but in
no case less than 10 acres in size, may be permitted to be developed
in accordance with the optional single-family conservation design
subdivision provisions of this subsection, provided that the Planning
Board concludes the following based upon evidence provided by the
applicant:
(1)
That the tract of land less than 25 acres in area proposed to
be developed under the optional single-family conservation design
subdivision provisions was not created from a previous land subdivision
approved by the Township of Montgomery subsequent to January 1, 2002;
and
(2)
The lands to be conserved as open space are noted for preservation
in the Conservation Plan Element portion of the Montgomery Township
Master Plan; and/or
(3)
The lands to be conserved as open space are adjacent to existing
lands already conserved, or expected to be conserved, as open space;
and/or
(4)
The lands to be conserved as open space are heavily treed and/or
provide a notable scenic vista; and/or
(5)
The resulting development pattern of the single-family homes
to be constructed within the single-family conservation design subdivision
will safeguard the environmental attributes of the subject land significantly
more than a conventional development.
3.
Maximum Number of Dwelling Units Permitted. The maximum number of
single-family detached dwelling units permitted in a single-family
conservation design subdivision is the number of dwelling units that
otherwise could be developed on the subject tract of land if the tract
were being developed as a conventional development in conformance
with the zoning regulations set forth for the zoning district(s) in
which the tract is located (i.e., the R-5 and/or MR Districts) and
in conformance with other applicable provisions of this Land Development
Ordinance, with no variances or waivers required.
4.
Schematic Test "By Right" Subdivision Plan. In order to determine
the maximum number of single-family residential lots that otherwise
could be developed on the subject tract of land if the tract were
being developed as a conventional development in conformance with
the zoning regulations set forth for the zoning district(s) in which
the tract is located (i.e., the R-5 and/or MR Districts) and in conformance
with other applicable provisions of this Land Development Ordinance,
with no variances or waivers required, the applicant shall submit
a schematic test subdivision plan for a conventional development at
a scale of one inch equals 100 feet or less for purposes of demonstrating
the number of lots which could be produced under such a conventional
development.
(a)
The schematic test subdivision plan must include the following
information on a plan prepared, signed and sealed by a qualified professional
engineer licensed to practice in the State of New Jersey:
(1)
Freshwater wetlands and wetlands transitional areas as approved
by the New Jersey Department of Environmental Protection (NJDEP) according
to a letter of interpretation issued by the NJDEP;
(2)
Topographic slopes 15% and greater in grade;
(3)
100-year flood plains and stream corridors;
(4)
All soil types, with lands that exhibit the Bowmansville, Cokesbury,
Croton, Elkton, Fluvaquents, Lamington, Parsippany and Watchung soils
highlighted;
(5)
Montgomery Township stream corridors;
(6)
Wooded areas, rock outcroppings and any other prominent physical
or environmental features of the land;
(7)
Delaware and Raritan Canal Commission buffer areas;
(8)
Any historic district and/or historic site as designated by
a Federal, State, County and/or a municipal authority; and
(9)
All existing easements and/or other restrictions.
(b)
The applicant also shall provide the results of soil permeability
tests (either basin flood or pit bail) and depth to mottling measurements,
each witnessed by a representative designated by the Montgomery Township
Board of Health, for each of the lots included within the schematic
test subdivision plan.
(1)
The results of the soil permeability test and depth to mottling
measurements must be prepared, signed and sealed by a qualified engineer
licensed to practice in the State of New Jersey; and
(2)
The results of the tests and mottling measurements are to be
used to reasonably determine whether the lots shown on the schematic
test subdivision plan might be considered for approval for septic
systems by the Board of Health.
(c)
Utilizing the following criteria, the Planning Board shall evaluate
the submitted schematic test subdivision plan for the conventional
development in order to determine the total number of residential
lots that could be developed on the subject tract without utilizing
the subject single-family conservation design subdivision ordinance
provisions:
(1)
The Planning Board shall consider a report from the Montgomery
Township Board of Health regarding the probability that each of the
lots shown on the submitted schematic test subdivision plan could
support a septic system; the report shall not be deemed to be an approval
by the Board of Health for the location of any septic system on any
one of the lots, but only shall be deemed to be an advisory report
to the Planning Board;
(2)
The Planning Board shall not count lots which reasonably can
be concluded to be practicably unusable for residential construction
because of environmental constraints or inadequate buildable area
for the principal dwelling and/or typical additional structures (e.g.,
decks, patios, etc.); and,
(3)
The Planning Board shall not count lots which would require
a variance or a waiver from the ordinance provisions governing a conventional
development.
(d)
Upon the conclusion of its evaluation of the submitted schematic
test subdivision plan for the conventional development, the Planning
Board shall make the final determination, by a majority vote of the
quorum present, regarding the maximum total number of residential
lots that could be developed on the subject tract without utilizing
the subject single-family conservation design subdivision ordinance
provisions; the number of lots so determined by the Planning Board
shall be the maximum number of lots that can be considered for development
as part of a single-family conservation design subdivision.
5.
Design Criteria and Concept Plan. Once the maximum number of lots
to be permitted within a single-family conservation design subdivision
has been established, the applicant shall first meet with the Montgomery
Township Open Space Coordinator to review the appropriate areas on
the subject tract to be preserved and safeguarded in accordance with
relevant Master Plan provisions and the stated purposes of these ordinance
provisions, and then shall submit a concept plan of the proposed development
in accordance with the following design criteria for review and informal
approval by the Planning Board:
(a)
The design of a single-family conservation design subdivision
shall be in accordance with an overall theme to be indicated in writing
by the applicant, and the plans shall first identify the portions
of the tract to be preserved and safeguarded, including open spaces,
treed areas, historic sites, existing streetscapes, steep slopes,
flood plains, wetlands, wetlands transitional areas, stream corridors
and scenic vistas;
(b)
The residential lots within a single-family conservation design
subdivision shall be located secondarily and in consideration of the
portions of the tract to be preserved; therefore, the lots might appropriately
be separated from one another and located in various portions of the
tract rather than being clustered together;
(c)
Residential lots shall be located within those portions of the tract not obviously visible from existing roads unless such locations would otherwise advance the purpose in Subsection 16-6.5g1 of these ordinance provisions.
(d)
Unless specifically approved by the Planning Board, either because
there is no practical alternative and/or because the resulting layout
will further the stated purposes of these ordinance provisions, no
residential lot shall abut any existing public street; and
(e)
The single-family conservation design subdivision shall not
include any hardship variances under N.J.S.A. 40:55D-70c.(1), but
may include variances under N.J.S.A. 40:55D-70c.(2) when the Planning
Board finds that a deviation from a zoning requirement would advance
the stated purposes of this subsection and where the benefits of the
deviation would substantially outweigh any detriment.
Once the Planning Board has informally approved a concept plan,
the applicant may proceed to prepare and submit a formal application
for major subdivision approval in accordance with the applicable provisions
of the Land Development Ordinance, including all required approvals
by the Township Board of Health for the lots to be built upon.
However, should the Planning Board determine that a submitted
concept plan does not meet the design criteria noted hereinabove,
the applicant shall revise the concept plan as required.
Upon resubmission of a revised concept plan, should the Planning
Board still determine that the plan does not meet the design criteria
noted hereinabove, the Planning Board may reject the single-family
conservation design subdivision option for the development of the
subject land area, and the applicant may proceed with a conventional
development as otherwise permitted on the subject lands by the Land
Development Ordinance.
7.
Accessory Uses Permitted.
(a)
One private residential tool shed not exceeding 15 feet in height
and 100 square feet.
(b)
Recreational facilities and landscaping features customarily associated with detached single-family dwelling units, except that a private residential swimming pool shall only be deemed a permitted accessory use when there is sufficient area in the rear yard of a lot to locate the swimming pool in accordance with the requirements in Subsection 16-5.15 of the Land Development Ordinance, without any variances or waivers from the applicable ordinance provisions; otherwise, private residential swimming pools shall not be permitted.
(e)
Information and direction signs (see Subsection 16-5.13a5 for general provisions) and other such temporary signs as permitted in Subsection 16-5.13.
(g)
Underground sprinkler systems, provided that the spray therefrom
is not projected outside of the lot line or street lines, and that
no portion of the system is located closer than 20 feet from a septic
system disposal field.
9.
Area and Yard Requirements for Individual Residential Lots in a Single-Family
Conservation Design Subdivision Development.
|
Principal Building Minimum
| |
|
Lot Area
|
1 1/4 acre (54,450 square feet)[1] [2]
|
|
Lot Frontage
|
125' [3]
|
|
Lot Width
|
125'
|
|
Lot Depth
|
150'
|
|
Side Yard (each)
|
30'
|
|
Front Yard
|
35' [4]
|
|
Rear Yard
|
50'
|
|
Accessory Building and Structure
| |
|
Distance to Side Line
|
15'
|
|
Distance to Rear Line
|
15'
|
|
Distance to Other Building
|
20'
|
|
Maximum Coverage
| |
|
Principal Building Coverage
|
8%
|
|
Total Lot Coverage
|
15%
|
|
FOOTNOTES TO SUBSECTION 16-6.5g9
| ||||
|---|---|---|---|---|
|
[1]
|
A contiguous land area of at least 43,560 square feet (1 ac)
within any lot in a Single-Family Conservation Design Subdivision
proposed for the development of a residential dwelling shall meet
the following design criteria in order to reasonably insure that an
adequate carrying capacity exists on the lot to locate and support
a detached single-family dwelling, its related accessory buildings
and structures and, as applicable, any septic system, reserve septic
system area and/or potable water well:
| |||
|
[a]
|
The 43,560 square feet of land shall be contiguous acreage which
shall not include any of the following:
| |||
|
[i]
|
Any freshwater wetlands, wetlands transition areas, 100-year
flood plains and/or topographic slopes 15% or greater, except that
the following shall be permitted to be located within the required
43,560 square foot land area:
| |||
|
[aa]
|
Isolated freshwater wetlands which have been approved for filling
by the New Jersey Department of Environmental Protection (NJDEP);
| |||
|
[bb]
|
Areas exempted as wetlands transition areas as approved by the
NJDEP; and/or
| |||
|
[cc]
|
Insignificant areas of topographic slopes 15% or greater which
are permitted to be regraded by the Planning Board or by the Zoning
Board of Adjustment, as the case may be;
| |||
|
[ii]
|
Any land exhibiting the Bowmansville, Cokesbury, Croton, Elkton,
Fluvaquents, Lamington, Parsippany, Parsippany Variant, Urban Land
or Watchung soils;
| |||
|
[iii]
|
Any land on the subject residential lot utilized for a detention
or retention basin; and
| |||
|
[iv]
|
Any land within a stream corridor designated in accordance with
the regulations of Montgomery Township and/or the regulations of the
Delaware Raritan Canal Commission (DRCC).
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|
[b]
|
The 43,560 square feet of land shall be appropriately situated
for the location and construction of the detached single-family dwelling,
its related accessory buildings and structures and, as applicable,
the primary septic system, the reserve septic system area and/or the
potable water well serving the lot.
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|
[c]
|
Additionally, the 43,560 square feet of land shall be shaped
to permit the inscription of either a rectangle with one dimension
at least 125 feet and at least 30,000 square feet in area, or a circle
with a diameter of at least 200 feet (the circle will be approximately
31,400 square feet) within its bounds.
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|
[d]
|
Should a landowner be unable to provide the required land area
in accordance with the provisions noted hereinabove, the landowner
may apply to the Planning Board for a waiver of the required design
criteria, and shall provide the following information to the Board
supporting the waiver request and justifying that sufficient carrying
capacity exists on the subject lot for the location and construction
of a detached single-family dwelling, its related accessory buildings
and structures and, as applicable, the primary septic system, the
reserve septic system area and/or the potable water well serving the
lot; the information shall be shown on a plan prepared by a New Jersey
licensed professional engineer at a scale not greater than 1 inch
equals 50 feet:
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|
[i]
|
The location and extent of any of the environmentally critical
factors noted in paragraph [1] [a] of this footnote hereinabove;
| |||
|
[ii]
|
The location and maximum footprint of the proposed single-family
detached dwelling and any detached garage;
| |||
|
[iii]
|
The location of the approved septic system, reserve septic system
and/or potable water well;
| |||
|
[iv]
|
The maximum limits of any clearing or disturbance of the site;
and
| |||
|
[v]
|
A fee of $1,000 for the review of the submitted information
by the Board's professional consultants.
| |||
|
[2]
|
The entirety of the provisions specified in § 14-3, entitled “Tree Removal and Replacement,” of the Code of the Township of Montgomery (1984) shall apply to all residential lots in a single-family conservation design subdivision.
| |||
|
[3]
|
The required lot frontage may be reduced to 50 feet for flag lots that may be approved by the Planning Board if they advance the purpose of the single-family conservation design subdivision as stated in Subsection 16-6.5g1 of these ordinance provisions, provided that the following requirements are met:
| |||
|
[a]
|
The minimum required lot size of 1 1/4 acre and the minimum
required lot width 125 feet and lot depth 150 feet shall be met for
that portion of the flag lot exclusive of the area within the stem
providing access to the portion of the lot upon which the single-family
home is to be constructed.
| |||
|
[b]
|
Only 1 single-family home and its accessory structures shall
be served from the stem of a flag lot.
| |||
|
[4]
|
For non-flag lots that may be approved by the Planning Board to abut an existing street, the front yard setback shall be 50 feet. However, for any lot in a proposed single-family conservation design subdivision, the Planning Board may approve a front yard setback distance less than that otherwise' required for the subject lot provided that the reduced setback distance is in keeping with the overall theme of the proposed development (e.g., neo-colonial architecture, staggered building setbacks, etc.) and that the reduced setback distance advances the purpose of the single-family conservation design subdivision as stated in Subsection 16-6.5g1 of these ordinance provisions.
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10.
Minimum Off-Street Parking.
(a)
Detached single-family dwelling units shall provide 1.5 spaces
per two-bedroom unit; two spaces per three-bedroom unit; 2.5 spaces
per four-bedroom unit; and three spaces per five or more bedroom unit.
Where the bedroom count per unit is not specified, 2.5 spaces per
dwelling unit shall be provided.
(b)
No parking area or driveway shall be located within 10 feet
of any property line.
11.
Open Space Preservation Requirements.
(b)
Land utilized for street rights-of-way and detention or retention
basins shall not be included as part of the above required open space
set-aside percentages.
(c)
If the maximum number of allowable lots established for the
tract cannot be accommodated without the preservation of the required
open space acreage, then either a lesser number of lots shall be proposed
by the developer in order to provide the required open space acreage
or the tract shall not be approved for the single-family conservation
design subdivision option and, instead, may be developed as a conventional
development in accordance with the underlying zoning district provisions.
(d)
Any land proposed as open space shall be left in its current
condition and/or improved as specifically approved by the Planning
Board to best suit the purpose(s) for which the particular open space
is intended.
(e)
Should the proposed development consist of a number of development
stages, the entirety of the open space acreage to be preserved shall
be provided as a condition to the final approved of the first stage.
(f)
The open space to be preserved may be offered by deed to the
Township or shall be deed restricted as common open space to be owned
and maintained by an organization established for the benefit of the
homeowners within the development.
(1)
If the applicant proposes that the open space shall be dedicated
to the Township, then the Planning Board shall forward such request
with its recommendation to the Township Committee prior to the granting
of preliminary approval of any development application containing
the subject open space.
(2)
All open space not offered to and/or not accepted by the Township
shall be deed restricted to the use(s) as specifically approved by
the Planning Board and shall be owned and maintained by an organization
as provided in N.J.S.A. 40:55D-43 of the Municipal Land Use Law.
(3)
Any preliminary approval granted by the Planning Board for a
single-family conservation design subdivision shall be conditioned
upon the acreage to be preserved being duly deed restricted from any
further development. The language of the deed shall be subject to
review and approval by the Township Attorney, and the applicant shall
record a deed of such restriction with the Somerset County Clerk as
a condition of final approval once it is approved by the Township
Attorney. No site disturbance of any kind shall be permitted until
and unless the deed of restriction for the acreage to be preserved
is so recorded.
h.
Planned Shopping Complex.
1.
Purpose. The overall purpose of the Planned Shopping Complex optional
ordinance provisions is to create a comprehensively designed, pedestrian
oriented, compact development of mixed uses, mostly retail, and including
a small number of residential units in proximity to the existing seven
homes on the south side of Route 518, provided that the homes are
integral with the design of the overall development. Additionally,
the Planned Shopping Complex is to be designed to implement the recommendations
of the Traffic Circulation Plan Element portion of the Township Master
Plan related to the traffic network within the subject area within
Montgomery Township.
2.
Objectives. In order to encourage the sound utilization of land and
promote a strong sense of community in the vicinity of the commercial
center of Montgomery Township at and nearby the Route 206/Route 518
intersection, the Planned Shopping Complex ordinance provisions are
intended to facilitate the following objectives:
(a)
To create a mixed-use commercial center that emphasizes and
imparts a special sense of identity through planned pedestrian circulation
and attractive civic and open spaces;
(b)
To create a central place within the center that expresses such
identity, which includes calmed vehicular lanes, broad sidewalks and
public spaces to accommodate a variety of activities and serve as
a framework for a concentration of commercial uses;
(c)
To incorporate site design and construction elements that will
stimulate local patronage of the retail and other uses within the
complex;
(d)
To facilitate the creation of an overall pedestrian circulation
system throughout the commercial center of Montgomery Township, linking
all four corners of the Route 206/Route 518 intersection;
(e)
To promote a high quality of design for buildings, signs, parking
areas and streetscape;
(f)
To create dispersed parking areas and discourage large, single-level
parking lots;
(g)
To provide controlled interaction between motorized vehicles,
bicycles and pedestrians;
(h)
To preserve the quality of the natural environment;
(i)
To encourage energy conservation and sustainable design;
(j)
To encourage and facilitate the use of mass transit in the Route
206 corridor; and
(k)
To promote the concepts of Smart Growth as described in the
New Jersey State Development and Redevelopment Plan.
3.
General Ordinance Zoning Provisions. Zoning provisions were initially
recommended by the Planning Board in the 2003 Amendment No. 1 to the
Land Use Plan Element portion of the Township Master Plan, which was
adopted by the Board on July 14, 2003, and have been updated. These
provisions, which are considered integral to the ordinance governing
development of a Planned Shopping Complex and the implementation of
the necessary improvements to the traffic circulation system, include:
(a)
These overlay ordinance provisions for a Planned Shopping Complex
on the subject lands are an optional development alternative to the
existing underlying zoning provisions, which are to remain in effect.
(b)
However, if any portion of the subject land area is to be developed
as a Planned Shopping Complex, then no portion of the land area may
be developed in accordance with the currently existing underlying
zoning provisions, and any such action of a developer to develop any
portion of the subject property with the underlying zoning provisions
will negate the ability of any portion of the remaining lands to be
developed as a Planned Shopping Complex and may result in the repeal
of the Planned Shopping Complex optional ordinance provisions.
(c)
The developer of the Planned Shopping Complex shall be responsible
for the construction of all portions of all Master Plan roads/thoroughfares
within the subject land area and, additionally, for any improvements
required by Somerset County along the tract's frontage on Route 518
and any traffic light upgrades and related road improvements required
by New Jersey Department of Transportation along the tract's frontage
on Route 206.
(d)
No use within a Planned Shopping Complex shall have direct driveway
access to an existing public street, including Route 206 and Route
518.
(e)
A Planned Shopping Complex shall only be approved by the Planning
Board if the development is provided the required public utility services
and connections.
(f)
In the event the developer of the Planned Shopping Complex proposes
a phased development, same shall only be approved by the Planning
Board if the phasing plan is submitted to the Board and approved by
the Township Committee as part of a developer's agreement. The phasing
plan shall indicate the areas of the related improvements to be developed
during each phase including, but not limited to, the land uses, road
improvements, stormwater management facilities and utilities. In the
case that the developer proposes a phased development, the first phase
will be the commercial component, or, as a minimum, the portion of
the commercial component that includes the Promenade, the open space
elements, and movie theater. In any event, the first phase shall also
include (1) completion of the public roadways as established by and
in accordance with the Traffic Circulation Plan Element 2003 Amendment
No. 1 of the Master Plan dated April 30, 2003, and (2) roadway improvements
to County Route 518 and State Route 206 in accordance with municipal,
County and State approvals. No building permit for a residential dwelling
may be sought until the completion of (1) the public roadways identified
in the Traffic Circulation Plan Element 2003 Amendment No. 1 of the
Master Plan dated April 30, 2003, and (2) the roadway improvements
to County Route 518 and State Route 206. Notwithstanding the foregoing,
in the event that the public roadways identified in the Traffic Circulation
Plan Element 2003 Amendment No. 1 of the Master Plan dated April 30,
2003 and the roadway improvements to County Route 518 have been completed,
provided that the roadway improvements to Route 206 have commenced
and are being diligently completed, the developer may seek building
permits for not more than 25% of the residential dwellings. All contract
purchasers for residential dwellings shall be informed in writing
of this provision by the developer, the form of said notice to be
approved by the Township Attorney.
(g)
Except for the public roadways (post-acceptance) within the
shopping complex, the developer and, thereafter, the managing entity
of the complex, shall be responsible for the repair and maintenance
of all structures, landscaping, lighting, snow removal, detention
basins and open spaces. This includes all site furnishings, whether
within or outside of a public street right-of-way.
(h)
Promenade:
(1)
Purpose: The purpose of the Promenade is to create a unique,
multi-dimensional spatial framework for commerce and recreation that
is evocative of the elements that comprise traditional, desirable
retail business districts. Such a framework shall consist of buildings,
facilities, spaces and thoroughfares and site elements designed as
an integrated complex to form the central place, known as the Promenade.
The Promenade itself shall be the primary focus of this district and,
through the integrated planning and design, will facilitate the development
of this new identifiable place within Montgomery Township. The anticipated
concept plan reflects the establishment of this framework and shall
be used as a benchmark to determine the acceptability of any modifications
during the approval process.
(2)
Elements of the Promenade:
(i)
Promenade shall be framed with buildings containing
non-residential uses that face inward with generous sidewalks;
(ii)
Promenade shall have a central pedestrian pathway
with plantings along its length;
(iii)
Vehicular circulation within the Promenade shall
emulate that of a public business district street: one-way circulation
with angled parking spaces.
(iv)
The promenade shall terminate in an open space/plaza
that designed to serve as an engaging public space in the context
of the non-residential uses.
(v)
Minimum length: 750 feet.
(vi)
Minimum sidewalk width adjacent to storefronts:
20 feet.
(vii)
Minimum size of the open space/plaza: 25,000
square feet (measured curb to curb).
(3)
The open space/plaza shall include, but not be limited to shade
structures, performance space, audio, bike racks, and shade trees.
4.
Location and Size. A Planned Shopping Complex shall be permitted
on a tract of land at least 50 acres in area only within those portions
of the HC Highway Commercial, the REO-3 Research, Engineering And
Office and the R-2 Single-Family Residential zoning districts where
indicated on the Zoning Map.
5.
Phasing. Construction of the Master Plan roads shall occur in the
first phase of development.
6.
Permitted Principal Uses on the Land and in Buildings.
(a)
Retail sales of goods and services, provided that no retail
use shall have more than one drive-through service window/lane.
(b)
Professional offices.
(c)
Banks, including drive-through facilities.
(e)
Single-family homes, of no more than 34 dwelling units shall
be permitted.
(f)
Movie theaters, including an integrated internal bowling alley,
game room and/or a restaurant with an outdoor eating area.
(g)
Child Care Centers.
7.
Conditional Uses Permitted.
(a)
Restaurants, provided that drive-through service for restaurants
shall be subject to the following conditions:
(1)
The subject restaurant is part of a shopping center or is otherwise
associated with a shopping center with direct vehicular access thereto;
(2)
The subject restaurant does not have direct driveway vehicular
access to a public street; and
(3)
Plantings/walls/fences or other landscape design/site elements
shall, visually, screen the service window, signage and driveway from
adjacent properties.
(b)
Hotels, containing up to 150 rooms for guests.
8.
Accessory Uses Permitted.
(a)
Outdoor eating areas, for table service or self-service, associated
with a permitted restaurant are permitted, as long as a pedestrian
pathway having a minimum width of five feet is maintained within any
walkway or sidewalk adjacent to the outdoor eating area.
(b)
Street furniture as may be approved by the Planning Board, including
benches, statuary, fountains, trash receptacles, bicycle racks, bell
and/or clock towers, and kiosks, all in accordance with the following
criteria:
(1)
Furniture is located within relatively wide sidewalk areas and
also open spaces.
(2)
Furniture is constructed of the highest quality for purposes
of safety, durability, appearance and minimum maintenance.
(3)
Furniture is visually compatible with the design of the predominant
architectural theme of the area.
(4)
Furniture within sidewalk area (i.e. benches, trash receptacles,
etc.) shall be attached in place. Furniture within outdoor eating
areas, plazas and open spaces may be movable/portable, provided that
it is secured during non-business hours. All furniture shall be maintained
by the managing entity of the shopping complex.
(c)
Transit-related shelters.
(d)
Small wind, solar or photovoltaic energy systems for the production of electric energy to serve the principal permitted use on the lot, provided the applicable requirements in Subsection 16-6.10 are met.
(e)
Temporary leasing trailer associated with the Planned Shopping
Complex development.
(1)
One temporary leasing trailer may be permitted within an approved
planned shopping complex development only during the period necessary
for the leasing of commercial space within such development, provided
that the preliminary or final major subdivision and/or site plan shall
identify the location of the leasing center which shall be subject
to the review and approval of the Board. Where a leasing center has
not been approved as part of the planned shopping complex development
application, a separate site plan application shall be submitted for
review and approval by the Board.
(2)
However, when a compound plan containing the following items
has been submitted and reviewed by the Planning Director, the temporary
leasing trailer may be approved administratively. The compound plan
must show the trailer set back 50 feet from all property lines and
right-of-way lines of all existing and proposed streets; identify
any associated parking, and provide adequate plantings and buffering
from all existing and proposed streets. No exterior lighting is permitted,
except at the entrance to the leasing center.
(3)
A temporary certificate of occupancy shall be required for a
temporary leasing trailer.
(4)
The temporary leasing trailer is to be removed from the site
prior to the completion of the development. If construction has not
begun, the leasing trailer must be removed within 12 months of installation.
9.
Expected Concept Design for the Planned Shopping Complex.
(a)
The expected site layout of the proposed Planned Shopping Complex
has been put in the form of a concept plan by the prospective developer,
and it is the latest version of that concept plan which has been generally
endorsed by the Montgomery Township Committee and Planning Board and
which forms the basis for these ordinance provisions.
(b)
The most current and detailed concept plan for the Planned Shopping
Complex was prepared by Bohler Engineering entitled "Site Plan Exhibit"
and dated January 27, 2017. The concept plan encompasses the entirety
of the zoning district.
(c)
The Concept Plan for Montgomery Promenade is included in these
ordinance provisions by reference to indicate the desired overall
concept of how the subject property should be planned under the terms
of these optional alternative development and zoning provisions for
a Planned Shopping Complex on the subject lands.
(d)
However, it is not intended that the concept plan be considered
definitively specific regarding any particular aspect of the plan,
and it is expected that the review of a formally submitted site plan
by the Planning Board during the public hearing process will result
in further refinements to the concept plan while being substantially
consistent with the original concept.
11.
Nonresidential Development Regulations.
(a)
Area and Spatial Requirements:
(1)
Minimum distance between nonresidential buildings is 20 feet.
(3)
Maximum length of a building with access to a rear parking area:
250 feet.
(4)
Minimum building setback from the tract boundary: 50 feet.
(5)
Minimum building setback from residential property line: 100
feet.
(6)
Nonresidential floor area regulations.
(i)
Minimum tenant area: 750 Square Feet.
(ii)
Maximum tenant area: 25,000 Square Feet.
(iii)
Maximum number of tenant areas of 25,000 Square
Feet: five.
(iv)
Maximum floor area for hotel or supermarket: 70,000
Square Feet.
(v)
Maximum floor area for movie theater: 70,000 Square
Feet, excluding the marquee, indoor catwalk, attached outdoor eating
area, and internal areas under stadium seating.
12.
Single-Family Detached Dwelling Requirements.
(a)
(d)
(f)
Exterior Restrictions. The construction of any accessory structure or addition on these lots which cannot accommodate them without violating the maximum principal building coverage, maximum floor/area ratio and/or maximum lot coverage as set forth in the Montgomery Township Land Development Ordinance at Subsection 16-6.5h is prohibited. This restriction would be in the individual property deeds for the lots as well as on the Sales Map and in a sales disclosure notice. The submitted Declaration of Covenants and Restrictions shall reflect the language above.
13.
Lighting Requirements.
(a)
A lighting plan shall be submitted for review and approval indicating:
(1)
The location of the lighting fixtures;
(2)
The direction of illumination;
(3)
The lamp type, wattage, lumens and isofootcandle detail for
each fixture;
(4)
Manufacturer-supplied specifications (cut sheets) that include
photographs of the fixtures, indicating the certified cut off characteristics
of the fixture, type of fixtures, including the cut off characteristics,
indicating manufacturer and model number(s);
(5)
Mounting height (height of light source, not the overall fixture
height);
(6)
Timing devices and other controls used to control the hours
of illumination, as well as the proposed hours when each fixture will
be operated.
(7)
A point-by-point lighting plan shall be submitted, indicating
in maintained horizontal footcandles:
(b)
Predicted initial and maintained illumination for the entire
complex;
(c)
Predicted illumination grid shall be extended out to the point
where levels are anticipated to be zero footcandles;
(d)
Individual areas to be illuminated shall be identified on an
overall plan and calculated separately include: parking areas, streets/thoroughfares,
pedestrian walkway/areas, open space/plaza, outdoor dining areas and
any other discrete areas.
(e)
For each individual area in paragraph (c) above, a summary of
the illumination characteristics shall be provided, including:
(f)
Promenade lighting shall consist of decorative fixtures with
a maximum height of 14 feet.
(g)
All other fixtures shall not exceed a height of 20 feet.
(h)
Lighting fixtures shall be non-glare, full cut-off.
(i)
Bollard lighting, not more than four feet in height and appropriately
shielded, may be provided along sidewalks and within open space areas.
(j)
Lighting may be attached to a building, provided that such lighting
is focused downward/full cut-off.
(k)
Illumination levels (horizontal footcandles):
(1)
Tract boundary: 0.1 footcandle maximum except for intersections
with streets/driveways. Vehicular intersections/entrances: 1.0 footcandle
minimum,
(3)
Parking lot illumination levels of a minimum 0.2 footcandle,
an average 1.0 footcandle, and a Max.-to-Min.: 20:1.
(4)
Pedestrian areas, including open space, illumination levels
of a minimum: 0.2 footcandle, maximum: 5.0 footcandle, and Max.-to-Min.:
20:1.
(l)
Extent/characteristics of illumination after business hours.
Except for any lighting for security purposes, all other lighting
shall be controlled by circuit timers so that the lights are automatically
turned off after business hours.
(m)
All newly installed traffic signal lights within and abutting
the planned shopping complex shall be mounted on poles that are green
or black (versus unfinished silver). Traffic lights shall be equipped
with crossing signs and switches that pedestrians can activate.
14.
Parking Requirements.
(a)
Nonresidential Uses. (The Planning Board may approve a lesser
number of spaces in consideration of shared parking strategies.)
(1)
Retail sales and service: One space/250 Square Feet.
(2)
Office: One space/250 Square Feet.
(3)
Banks: One space/200 Square Feet with 12 vehicle queue capacity
for drive-through.
(4)
Restaurants: One space per every three seats.
(5)
Hotels one space per guest room; plus one space for each employee
working during peak-shift.
(6)
Movie theaters: one space for every four seats and four parking
spaces for every bowling alley lane.
(b)
Single-Family Detached Dwellings: Pursuant to Residential Site
Improvement Standards (RSIS), N.J.A.C. 5:21-1 et seq., parking standards.
15.
16.
Landscape Design Requirements.
(a)
A landscape design plan shall be submitted to the Planning Board
for review and approval in accordance with the applicable requirements
of this chapter and the additional requirements noted herein below.
(b)
The landscape design plan shall be conceived as a total pattern
throughout the development, integrating the various elements of the
architectural design of the buildings and creating an aesthetically
pleasing environment.
(c)
The required street furniture (e.g. benches, statuary, fountains,
trash receptacles, bicycle racks, bell and/or clock towers, and kiosks)
shall be integrated with the proposed landscape design plan.
(d)
The edges of parking areas shall be planted.
(g)
A combination of decorative fencing (not to exceed eight feet
in height), berms and plantings shall be provided between the new
single-family detached homes and the existing homes along Route 518
as well as the new commercial development and loop road.
17.
Non-Residential Signage Requirements.
(a)
General Requirements.
(1)
All signage within a Planned Shopping Complex shall be compatible
with the architectural character of the shopping complex.
(2)
At the time of application for site plan approval, the applicant
shall submit a comprehensive plan for the signage throughout the shopping
complex.
(3)
All signage within the shopping complex shall be approved by
the Planning Board.
(4)
No sign shall be a pylon or light box style of light or otherwise
designed with a soft edge appearance; instead, the lettering on all
signs shall have crisp, well-defined edges, and plastic signs are
discouraged.
(5)
Signs within the shopping complex may be externally or internally
illuminated.
(6)
All sign lighting shall utilize long life, energy saving bulbs,
and where feasible, LED lighting.
(7)
Timers shall be provided on all sign lighting to turn the lighting
off by the close of business of the uses advertised or identified
on the sign or by 11:00 p.m., whichever is later.
(8)
All attachments, labels, fasteners, mounting brackets, wiring,
clips, transformers, disconnects, lamps and other mechanisms required
to support the signage shall be concealed from view and be weather
resistant.
(b)
Freestanding Sign Requirements.
(1)
Tower sign:
(i)
Maximum number of tower signs: one.
(ii)
Maximum height: 32 feet.
(iii)
Maximum width: 20 feet.
(iv)
A sign shall be permitted on all faces of the
structure, provided that sign area shall not exceed 100 square feet
on each face.
(v)
Sign shall identify the complex/place.
(vi)
No business tenant signage is permitted on the
tower.
(vii)
Location: interior of the center.
(2)
Primary campus entrance monument sign:
(i)
Maximum number: two.
(ii)
Maximum height: 10 feet.
(iii)
Maximum sign area: 100 square feet.
(iv)
Minimum setback: 15 feet from street right-of-way/non-residential
tract boundary.
(v)
Each sign shall be ground-mounted, monument-style.
(vi)
Each sign shall identify the name of the Planned
Shopping Complex and may identify up to four major tenants within
the complex on each side.
(vii)
There shall be no more than one tenant name per
horizontal line or sign plate.
(4)
Directional signs:
(i)
Maximum number of signs: seven.
(ii)
Maximum height: eight feet.
(iii)
Maximum sign area: 60 square feet.
(iv)
Minimum setback to street right-of-way: five feet.
(v)
Minimum tract boundary setback: 15 feet.
(vi)
Each sign shall be a ground-mounted, monument-style.
(vii)
Each sign shall identify the complex.
(viii)
Each sign may identify, on each side, the names
of up to 10 tenants within the complex. The sign shall only display
names (no logos).
(ix)
There shall be no more than one tenant name per
horizontal line or sign plate.
(x)
The size of any letter on the tenant identification
signs shall not exceed 10 inches in height.
(5)
Pedestrian Wayfinding signs:
(i)
Maximum number of signs: six.
(ii)
Maximum height: eight feet.
(iii)
Maximum sign area: 20 square feet.
(iv)
Minimum street right-of-way setback: five feet.
(v)
Minimum tract boundary setback: 15 feet.
(vi)
Each sign shall be a monument-style sign, ground-mounted.
(vii)
Each sign shall identify the complex, with a
map and directory.
(6)
All freestanding signs shall have plantings around the base,
except where located within pavement.
(c)
Attached Sign Requirements.
(2)
Multi-Use Movie Theater. A multi-use movie theater building
greater than 50,000 gross square feet in size may have:
(i)
Two individual signs identifying the use:
(iii)
Two individual theater business identification
signs:
[a]
Sign One:
|
[1] Maximum sign area: 140 square feet, and
|
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[2] Maximum height: five feet.
|
|
[b] Sign Two:
|
|
[1] Maximum sign area: 175 square feet, and
|
|
[2] Maximum height: 20 feet.
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(vi)
One digital display attached to the front facade
of the movie theater:
(3)
Supermarket. A supermarket greater than 20,000 gross square
feet in size may have:
(i)
Two individual signs identifying the use:
(iii)
One non-illuminated seasonal sales sign for the
duration of the event without a sign permit provided:
(4)
(5)
(6)
All other tenant/user identification signs:
(7)
Tenants with direct pedestrian access to the Promenade shall
be permitted one additional non-illuminated sign to be painted or
otherwise attached to a window or to a glass portion of the entrance
door, provided and in accordance with the following:
(9)
Permitted types of storefront signs:
(i)
Dimensional wood, metal, glass or other material
with a permanent appearance, indirectly illuminated;
(ii)
Reverse channel letters with halo illumination,
opaque letter-sides and faces and non-reflective background;
(iii)
Incised signing cast into or carved out of an
opaque material, indirectly illuminated; and/or
(iv)
Sculptural iconographic elements contextual to
the storefront design and indirectly illuminated.
(d)
Blade Sign Requirements. Blade or hanging signs shall be permitted
to be attached to facades facing the Promenade provided the following:
(f)
Sandwich Board. One non-illuminated, portable, hinged A-frame
(a.k.a. sandwich board) sign shall be permitted for any commercial
first floor tenants with direct access to the Promenade in accordance
with the following:
(1)
The portable sign shall be constructed of durable material and
shall have a non-glossy finish with clear and legible wording.
(3)
Maximum width: 28 inches.
(4)
The portable sign shall be displayed only during the hours that
the business is open and in operation.
(5)
Maximum distance from the front door: 10 feet.
(6)
The sign shall not hamper pedestrian flow.
(7)
The portable sign shall not be considered in computing the allowable
sign area otherwise permitted.
(g)
Temporary interior window signs are permitted provided and in
accordance with the following:
(h)
Temporary leasing trailers are permitted signs in accordance
with the following:
(i)
In addition to the signs prohibited in Subsection 16-5.13e of this chapter, the following types of signs shall not be permitted:
(1)
Box or cabinet type signs;
(2)
Signs employing audible equipment, and/or moving, flashing or
blinking lights, with the exception of the permitted digital outdoor
theater screen;
(3)
Signs employing exposed raceways;
(4)
Luminous vacuum-formed type plastic letter signs;
(5)
Exposed neon;
(6)
Signs made from cloth, paper, cardboard or other temporary or
nondurable materials; or
(7)
Signs using highly reflective finish materials such as polished
brass or chrome.
18.
Residential Sign Requirements.
Detached dwelling units are permitted to have one customary
and typical street number designation and nameplate sign, provided
that such sign does not exceed one square foot in area and does not
display any type of commercial message.
19.
Additional Site Design Requirements.
(a)
Sidewalks and Crosswalks:
(1)
Sidewalks shall be provided within the development as an interconnected
network among commercial buildings, residential buildings, parking
areas and public areas.
(2)
Sidewalks shall connect to external sidewalks, pathways, and/or
trails.
(3)
Street crosswalks shall be provided across all streets and between
parking areas and building entrances.
(4)
While concrete sidewalks shall be permitted in the development,
all crosswalks in the Promenade shall be constructed of contrasting
materials, such as brick/architectural pavers or natural stone.
(b)
Traffic Design Features.
(1)
The proposed road network shall be proposed, reviewed and designed
in accordance with the applicable recommendations of the Traffic Circulation
Plan Element portion of the Township Master Plan.
(2)
Traffic calming elements shall be provided in appropriate locations.
(3)
In order to facilitate safe pedestrian crossings between the
uses to the north of the Master Plan main road through the development
and those to the south, a pedestrian traffic signal or other safety
measures acceptable to the Planning Board and its Traffic Consultant
shall be provided in the area where the traffic circle is shown on
the Concept Plan For Montgomery Promenade.
(c)
Other Design Features:
(1)
Sustainable construction techniques shall be utilized to minimize
the impact upon the environment, including energy efficient building
designs, recycled materials, water conservation devices, permeable
pavement, native plantings, low chemical usage to maintain the landscaping,
and similar measures which are sensitive to the environment.
(2)
The stormwater management plan shall include stormwater management
facilities that are designed to enhance the aesthetic attributes of
the proposed development, including water features and landscaping
which create an attractive visual appearance.
(d)
Architectural Design Requirements:
(1)
Buildings shall have a variety of appearances and scales.
(3)
Large, flat roof areas shall be screened from public view.
(4)
All portions of all buildings shall be designed with compatible
architectural themes and materials, whether constructed at one time
or in stages over a period of time, and the architectural design proposed
by the applicant shall be subject to review and approval by the Planning
Board.
(5)
All sides of a building shall be suitably finished to be compatible
and consistent with the front of the building. All sides of a building
shall be designed and finished in a manner that is unified based on
the use, tenant or overall building characteristic.
(6)
All buildings shall be designed to reflect a pedestrian scale
along adjacent pedestrian areas (i.e. walkways, outdoor dining, open
space, etc).
(7)
Blank, unarticulated facades shall not be permitted. Articulation
may include variations in materials and patterns as well as elements
like bay windows, doors, canopies, awnings, balconies, columns and/or
similar elements.
(8)
Mechanical equipment shall be screened from public view by features
integrated into the overall design of the building/site.
(9)
As part of the preliminary site plan submission to the Planning
Board for review and approval, the applicant shall provide a visual
study and depiction of the streetscape along and within the Promenade,
clearly indicating both horizontal and vertical elements of the buildings,
sidewalks, parking spaces, landscape design, street paving and street
furniture.
20.
Affordable Housing Requirements.
(a)
The residential component of a Planned Shopping Complex development
shall pay a development fee into the Montgomery Township Housing Trust
Fund in accordance with Subsection 15-15.4 of the Code of the Township
of Montgomery.
(b)
The commercial component of a Planned Shopping Complex development
shall pay a development fee into the Montgomery Township Housing Trust
Fund in accordance with Subsection 15-15.5 of the Code of the Township
of Montgomery.
(c)
The development fee shall be utilized by the Township for any
activity approved by the appropriate affordable housing authority
of the State of New Jersey.
(d)
The amount of the development fee shall be in accordance with
the requirements of Subsections 15-15.4 and 15-15.5 of the Code of
the Township of Montgomery in existence at the time a developer receives
a certificate of occupancy.
21.
Other Applicable Requirements. All other applicable requirements
of this Land Development Ordinance chapter not contrary to the specific
conditions and standards specified herein shall be met, but waivers
and/or variances of such other applicable requirements of this chapter
may be granted by the Planning Board for good cause shown.
i.
Planned Office Complex.
1.
Purpose. The overall purpose of the Planned Office Complex optional
ordinance provisions is to create a comprehensively designed development
of offices, research laboratories and supportive land uses in a campus-like
setting, with specific open space areas and pedestrian oriented amenities
for the employees and visitors of the complex and as may be necessary
in order to implement the recommendations of the Montgomery Township
Master Plan. Additionally, the Planned Office Complex is to be designed
to implement the recommendations of the Traffic Circulation Plan Element
portion of the Township Master Plan related to the traffic network
within the subject area within Montgomery Township.
2.
General Ordinance Provisions. The following ordinance provisions
were recommended by the Planning Board in 2003 Amendment No. 1 to
the Land Use Plan Element portion of the Township Master Plan, which
was adopted by the Board on July 14, 2003. These provisions are considered
integral to the ordinance governing development of a Planned Office
Complex and the implementation of the necessary improvements to the
traffic circulation system:
(a)
These overlay ordinance provisions for a Planned Office Complex
on the subject lands are an optional development alternative to the
existing underlying zoning provisions, which are to remain in effect.
(b)
However, if any portion of the subject land area is to be developed
as a Planned Office Complex (which is to include existing buildings
on the land), then no portion of the land area may be developed in
accordance with the currently existing underlying zoning provisions,
and any such action of a developer to develop any portion of the subject
property with the underlying zoning provisions will negate the ability
of any portion of the remaining lands to be developed as a Planned
Office Complex and may result in the repeal of the Planned Office
Complex optional ordinance provisions.
(c)
These ordinance provisions permitting and governing the Planned
Office Complex optional development alternative anticipate, and are
based upon the assumption, that the landowner or developer apply for
and obtain a single, comprehensively designed preliminary site plan
approval for the entirety of the land area so zoned within 18 months
from the date of the adoption of the ordinance provisions, and the
Planned Office Complex ordinance provisions may be repealed if such
application and approval are not applied for and obtained within the
specified time period.
(d)
Possibly with the aid of funding from State and Federal grants,
and in accordance with the recommendations of the adopted Traffic
Circulation Plan, the developer of the Planned Office Complex, at
minimum, shall be responsible for the construction of all portions
of all Master Plan roads within the subject land area and, additionally,
for the new traffic light along the tract's frontage on Route 518
plus any additional necessary off-tract improvements.
(e)
A Planned Office Complex shall only be approved by the Planning
Board if the development will be adequately served by the traffic
circulation network proposed by the applicant in conjunction with
other roads and traffic circulation improvements being constructed
by others.
(f)
No use within a Planned Office Complex shall have direct driveway
access to an existing public street, including Route 518.
(g)
A Planned Office Complex shall only be approved by the Planning
Board if the development is provided the required utility services
and connections.
(h)
A Planned Office Complex shall only be approved by the Planning
Board if a phasing plan is submitted to the Board and is approved
by the Township Committee as part of a developer's agreement. The
phasing plan shall indicate the areas of the related improvements
to be developed during each phase including, but not limited to, the
land uses, road improvements, stormwater management facilities and
utilities.
(i)
Except for the public roadways within the office complex, the
developer and, thereafter, the managing entity of the complex, shall
be responsible for the repair and maintenance of all structures, landscaping,
lighting, detention basins and open spaces.
3.
Location and Size. A Planned Office Complex shall be permitted on
a tract of land at least 145 acres in area within those portions of
the R-2 Single-Family Residential and the REO-2 and REO-3 Research,
Engineering and Office zoning districts where indicated on the Zoning
Map. The tract of land shall be considered the collection of lots
which originally were submitted to the Planning Board for review and
approval of the Planned Office Complex, even though additional lots
may be created.
4.
5.
Accessory Uses Permitted.
(a)
Open space, conservation areas and active and passive recreational
facilities.
(b)
Employee cafeterias as part of a principal building, provided
the cafeteria is limited in service to the employees and visitors
within the Planned Office Complex.
(c)
Parking decks.
(d)
Child care centers as conditional uses under N.J.S.A. 40:55D-67 as part of a principal building, provided that the child care centers are limited in service to children of the employees within the Planned Office Complex (See Subsection 16-6.1, Conditional Uses, and specifically Subsection 16-6.1k for the required conditions and standards for child care centers).
(e)
Street furniture shall be required, as may be approved by the
Planning Board and as appropriate to a campus-type office complex,
including benches, statuary, fountains, trash receptacles, bicycle
racks, bell and/or clock towers, and kiosks, all in accordance with
the following criteria:
(1)
The street furniture shall be located within relatively wide
sidewalk areas between streets and buildings and also within open
space areas.
(2)
The street furniture shall be constructed of the highest quality
for purposes of safety, durability, appearance and minimum maintenance.
(3)
The street furniture shall be visually compatible with the design
of the predominant architectural theme of the Planned Office Park.
(4)
The street furniture shall be attached in place, and shall be
maintained by the managing entity of the office complex.
(f)
Bus shelters and taxi stands.
(g)
Wireless communication antennas, provided they are either ground
mounted or attached to a building as approved by the Planning Board,
and, if attached to a building, that they extend no higher than 10
feet above the building where attached.
6.
Maximum Floor/Area Ratio Intensity of Development. Subject to implementation
by the applicant of the applicable recommendations of the Traffic
Circulation Plan Element portion of the Township Master Plan, and
provided that the Planning Board concludes that the development will
be adequately served by the traffic circulation network proposed by
the applicant in conjunction with other roads and traffic circulation
improvements being constructed by others, a floor/area ratio of 0.11
shall be allowed for the Planned Office Complex.
7.
Area and Distance Requirements.
(a)
A landscape buffer of 250 feet in width shall be provided along
Route 518, and a landscaped buffer of 60 feet in width shall be provided
along any municipal street and any other tract boundary line, provided
and in accordance with the following:
(1)
Landscape buffers shall be planted with a combination of deciduous
and evergreen trees and shrubs of sufficient size and quantity to
provide an effective screening of the interior of the site.
(2)
The landscape buffers may be required by the Planning Board
to contain earthen berms.
(3)
Roadways, utilities, stormwater management facilities and active
and passive recreational facilities may be permitted by the Planning
Board to be located within a required landscape buffer, provided that
landscape treatments are provided to effectively screen the interior
of the site.
(4)
No landscape buffer shall be required along any tract boundary
line with the airport property.
(5)
These landscape buffer provisions shall not apply to any existing
buildings which previously received site plan approval from the Planning
Board.
(b)
Each newly proposed lot within the Planned Office Complex shall
be at least five acres in area.
(c)
No newly proposed principal building shall be located within
300 feet of Route 518, within 75 feet of any municipal street, or
within 200 feet of any other tract boundary line, except that these
provisions shall not apply to any existing buildings which previously
received site plan approval from the Planning Board.
(d)
No newly proposed accessory building or parking deck structure
shall be located within 250 feet of Route 518, within 60 feet of any
municipal street, or within 75 feet of any other tract boundary line,
except that these provisions shall not apply to any existing buildings
which previously received site plan approval from the Planning Board.
(e)
A building may be freely situated within its respective lot,
provided that no building shall be located closer than 50 feet to
any other building or any parking deck structure.
(f)
The coverage of all buildings, structures, streets, driveways
and impervious surfaces shall not exceed 37.5% of the total tract
area of the Planned Office Complex.
8.
Design Requirements for Enhancing Building Design.
(a)
All portions of all buildings shall be designed with compatible
architectural themes and materials, whether constructed at one time
or in stages over a period of time, and the architectural design proposed
by the applicant shall be subject to review and approval by the Planning
Board.
(b)
The architectural design and material surface and color of the
building walls on all sides of a building shall be suitably finished
to be compatible with the front of the building. No facsimile materials
may be used without specific approval of the Planning Board.
(c)
Blank, unarticulated wall facades shall not be permitted.
(d)
Mechanical and emergency electrical equipment serving a building
or buildings shall be screened from view by architectural elements
that are coordinated with the overall architectural theme of the office
building(s). The equipment may be located on the ground, within a
building, or on the roof of a building. In any case, and not withstanding
any other provision of this chapter to the contrary, the area enclosing
the equipment shall not be included in any calculation of floor/area
ratio (FAR).
9.
Maximum Height of Buildings and Structures.
(a)
No principal building shall exceed 48 feet and three stories
in height, provided and in accordance with the following:
(1)
There shall be no parapet or other addition(s) to the height
of any building extending above the maximum forty-eight-foot height
limit, except for the wireless communication antennas permitted as
an accessory use.
(2)
In accordance with the definition of building height in Subsection 16-2.1 of this chapter, which definition shall apply, if the finished grade of a building is higher than the predevelopment grade at any point beneath the building, then the building height shall be measured from an elevation no higher than one foot above the highest point of the predevelopment grade beneath the building.
(3)
An overall goal of the site design for the Planned Office Complex
shall be to locate the relatively large and high buildings within
the complex on the portions of the tract with the lowest topographical
elevations.
(4)
Both the front and rear of all principal buildings shall be
accessible for fire fighting purposes.
(b)
No accessory building or parking deck shall exceed 25 feet in
height, plus an additional 10 feet for parapets, mechanical equipment
and enclosures and/or stair enclosures.
10.
Lighting Requirements.
(a)
Lighting shall be minimal for security and safety purposes,
and a lighting plan shall be submitted for review and approval by
the Planning Board indicating the location of the lighting fixtures,
the direction of illumination, the wattage and isolux curves for each
fixture, and the details of the lighting poles and luminaries.
(b)
The lighting fixtures shall be non-glare lights with recessed
lenses focused downward and with cutoff shields as appropriate in
order to mitigate against adverse impacts upon adjacent and nearby
properties, the safety of traffic along adjacent roadways and overhead
skyglow.
(c)
As appropriate for lighting and decorative purposes, bollard
lighting, not more than four feet in height and appropriately shielded,
may be provided along sidewalks and within open space areas.
(d)
Lighting may be attached to a building, provided that such lighting
is focused downward and is specifically approved by the Planning Board.
(e)
Any lighting within any building or any parking deck structure
shall have an intensity and shall be designed and focused to eliminate,
to the maximum extent practicable, any emission of lighting outside
of the building or structure.
(f)
The light intensity provided at ground level shall be indicated
in footcandles on the submitted plans and shall average not less than
0.5 footcandles at intersections and not less than approximately 0.3
footcandles elsewhere in the area to be illuminated, and shall average
not more than 2.0 footcandles throughout the area to be illuminated.
(g)
Except for any lighting specifically determined by the Planning
Board to be necessary and/or advisable for security purposes, all
other lighting shall be controlled by circuit timers so that the lights
are automatically turned off after business hours.
(h)
All newly installed traffic signal lights within and abutting
the Planned Office Complex shall be mounted on poles that are green
or black (versus unfinished silver). Traffic lights shall be equipped
with crossing signs and switches that pedestrians can activate.
11.
Parking Requirements.
(a)
Each individual use shall be provided parking spaces in accordance
with the following minimum provisions. Where a parking area is designed
to serve the needs of different uses with different parking requirements,
the total number of required parking spaces shall be obtained by computing
the parking requirements for each different use and adding the resulting
numbers together.
(1)
Offices and office buildings shall be provided parking at the
ratio of one parking space per 250 square feet of gross floor area
or part thereof, except that medical offices shall be provided parking
at the ratio of one parking space per 175 square feet of gross floor
area or part thereof.
(2)
Research Laboratories shall be provided one parking space per
500 square feet of gross floor area.
(3)
Hotels shall be provided 1 1/4 space for each room or suite,
plus one additional space for every three seats within any ancillary
restaurant and one space for every 10 seats within any ancillary conference
facilities.
(b)
In order to reduce impervious surface coverage, the use of parking
decks is encouraged and shall be required for all parking spaces in
excess one space per 250 square feet of gross floor area.
12.
Off-Street Loading and Waste Disposal Requirements.
(a)
Each principal building or group of buildings shall provide
at least one off-street loading space within the building unless otherwise
specifically approved by the Planning Board in consideration of the
design of the development and the adequacy of an alternate loading
plan proposed by the applicant.
(b)
Each principal building or group of buildings shall provide
at least one waste disposal location within the building unless otherwise
specifically approved by the Planning Board in consideration of the
design of the development and the adequacy of an alternate waste disposal
plan proposed by the applicant.
(1)
Any waste disposal location shall provide facilities for the
collection and separation of recyclable materials in accordance with
the recycling requirements of Somerset County.
(2)
Any waste disposal location shall be screened from public view
by building walls or extensions thereof, fencing and/or landscaping.
13.
Landscaping Requirements.
(a)
A landscaping plan shall be submitted to the Planning Board
for review and approval in accordance with the applicable requirements
of this chapter and the additional requirements noted hereinbelow.
(b)
The landscaping plan shall be conceived as a total pattern throughout
the development, integrating the various elements of the architectural
design of the buildings and creating an aesthetically pleasing environment.
(c)
The required street furniture (e.g. benches, statuary, fountains,
trash receptacles, bicycle racks, bell and/or clock towers, and kiosks)
shall be integrated with the proposed landscaping plan.
(d)
All roadways and driveways shall be lined with shade trees.
14.
Signage Requirements.
(a)
All signage within a Planned Office Complex shall be compatible
in terms of design, materials, colors, lettering, lighting and the
positions of the signs on the various buildings within the office
complex.
(1)
At the time of application for preliminary site plan approval,
the applicant shall submit a comprehensive plan for the signage throughout
the office complex.
(2)
All signage within the office complex must be specifically approved
by the Planning Board, and any subsequent change or modification to
an approved signage plan shall require reapplication to the Board
for review and approval.
(3)
No sign shall be designed with a soft edge appearance; instead,
the lettering on all signs shall have crisp, well-defined edges, and
plastic signs are discouraged.
(4)
Each sign in the office complex shall be limited to one color
for its background, which shall be a pale, earth-tone color, plus
one color for the lettering and any logo; one additional accent color
is allowed on a logo, or to shade lettering, or to trim the border
of the sign.
(5)
If a sign within the office complex is lighted, no portion of
the sign shall be internally illuminated. Instead, individual letters
and any logo may be back lit or, alternatively, the sign may be externally
lit from below or above the sign, with the light focused directly
onto the sign and with appropriate shielding to prevent any sight
of the light source from any street or neighboring property.
(b)
A total of two signs at the intersection entrances to the office
complex shall be permitted; both along Route 518.
(1)
Each sign shall be a monument sign, ground mounted on a solid
base with no visible poles, columns or other upright supports, except
that a sign may be attached to an architectural/landscape wall feature
as may be approved by the Planning Board.
(2)
Each sign shall not exceed a height of eight feet above ground
level.
(3)
The total size of each sign shall not exceed 75 square feet
in area, and shall be set back at least 15 feet from all street rights-of-way.
(4)
Each sign shall include the name of the office complex only.
(c)
One facade of each building may have a sign attached flat against
it, provided that the area of the sign shall not exceed 75 square
feet or 5% of the area, including windows and doors, of the facade
to which the sign is to be attached, whichever area is less.
(d)
Additional signage may be permitted by the Planning Board for
good cause shown by the applicant, provided that such additional signage
must be specifically approved by the Board.
15.
Additional Site Design Requirements.
(a)
Sidewalks and Crosswalks.
(1)
Sidewalks shall be provided within the development as an interconnected
network among buildings, parking areas and open space areas.
(2)
Street crosswalks shall be provided across all streets and between
parking areas and building entrances.
(3)
While concrete sidewalks shall be permitted in most areas of
the development, the sidewalks in all open space areas and all crosswalks
shall be constructed of contrasting paving materials, such as concrete,
brick pavers or natural stone.
(b)
Traffic Design Features.
(1)
The road network shall be proposed, reviewed and designed in
accordance with the applicable recommendations of the Traffic Circulation
Plan Element portion of the Township Master Plan.
(2)
Traffic calming devices, such as landscaped circles with signed
pedestrian crossings, shall be provided in appropriate locations.
(c)
Stormwater Management Facilities. The stormwater management
plan shall include stormwater management facilities that are designed
to enhance the aesthetic attributes of the proposed development, including
water features and landscaping which create an attractive visual appearance.
Stormwater management facilities shall not be located adjacent to
Route 518.
16.
Affordable Housing Requirements.
(a)
A Planned Office Complex development shall pay a development
fee into the Montgomery Township Housing Trust Fund in accordance
with Section 15-115 of the Code of the Township of Montgomery.
(b)
The development fee shall be utilized by the Township for any
activity approved by the New Jersey Council On Affordable Housing
(COAH).
(c)
The amount of the development fee shall be in accordance with
the requirements of Section 15-115 of the Code of the Township of
Montgomery in existence at the time a developer receives a certificate
of occupancy.
17.
Other Applicable Requirements. All other applicable requirements
of this Land Development Ordinance chapter not contrary to the specific
conditions and standards specified herein shall be met, but waivers
and/or variances of such other applicable requirements of this chapter
may be granted by the Planning Board for good cause shown in accordance
with N.J.S.A. 40:55D-51b and N.J.S.A. 40:55D-70(c), respectively.
j.
Planned Behavioral Health Complex.
1.
Purpose and Findings. The overall purpose of the Planned Behavioral
Health Complex optional ordinance provisions is to recognize the existence
of the Carrier Clinic hospital and its facilities, previously known
as the Belle Mead Farm Colony and Sanatorium, that have existed in
Montgomery Township since 1910 as a prior nonconforming use, and to
allow for a limited expansion of the facilities as a permitted use
governed by provisions specific to this unique use. Nonconforming
uses are disfavored in law; thus, each time Carrier Clinic seeks to
modify its facilities, a variance pursuant to N.J.S.A. 40:55D-70d
is required.
For the following reasons, establishing the Carrier Clinic hospital
as a conforming use in accordance with the standards set forth in
this paragraph j advances the public health and welfare:
(a)
Establishing specific zoning standards will help to assure predictability
and consistency in addressing future development of the tract to the
benefit of both the property owner and neighboring properties;
(b)
Future development of the tract can be better addressed in a
comprehensive manner;
(c)
A viable behavioral health complex that serves the needs of
people throughout the State of New Jersey contributes to the overall
well-being of its citizenry, and meets a regional need; and
(d)
Development standards set forth in this paragraph promote the
utilization of renewable energy sources and promote recycling.
2.
Location and Size. A Planned Behavioral Health Complex shall be permitted
on a tract of land at least 85 acres along County Route 601, including
land in common or commonly controlled ownership and use that may be
divided by a public road, only within those portions of the MR Mountain
Residential zoning district where indicated on the Zoning Map.
Consistent with Subsection 16-5.7a2 of the Code, any dedication of land for road improvement purposes subsequent to the initial submittal of a site plan application to the Township for review and approval with the required minimum 85 acre tract acreage shall not be deemed to render the acreage of the tract at variance with the required minimum required tract acreage.
3.
Principal Permitted Uses on the Land and in Buildings. A Planned
Behavioral Health Complex comprised of any of the following activities
specifically related to behavioral health and which are an integral
part of the Planned Behavioral Health Complex:
(a)
Offices and office buildings, including medical offices.
(b)
Research laboratories.
(c)
Hospitals and surgical centers, including typical ancillary
activities.
(d)
Schools for patients of the Planned Behavioral Health Complex.
(e)
Occupational training for patients of the Planned Behavioral
Health Complex and their family members.
(f)
Residential treatment facilities for patients of the Planned
Behavioral Health Complex and their family members.
(g)
Addiction rehabilitation centers for patients of the Planned
Behavioral Health Complex and their family members.
(h)
Wellness and fitness centers limited in service to the employees
and patients of the Planned Behavioral Health Complex.
(i)
Group homes and other State licensed residential facilities
for patients of the Planned Behavioral Health Complex.
(j)
Independent living apartment units, assisted living units and/or nursing care units, all as defined in Subsection 16-6.9b of the chapter, for the patients of the Planned Behavioral Health Complex.
(k)
Outpatient services.
(m)
Any combination of the above uses within a single building,
within multiple buildings and/or otherwise on the premises.
4.
Accessory Uses Permitted.
(a)
Open space, conservation areas, and active and passive recreational
facilities, including but not limited to tennis courts, swimming pools,
and paths.
(b)
Employee cafeterias/restaurants as part of a principal building,
provided that the cafeteria/restaurant is limited in service to the
employees and visitors within the Planned Behavioral Health Complex.
(d)
Chapels serving the needs of the complex's patients and visitors.
(e)
Fences and walls (see Subsection 16-5.3 for the design requirements), except that fences up to 10 feet high may be approved by the Planned Board for good cause shown for security and safety purposes, provided that they are not located within 60 feet of any public street or 25 feet of any tract boundary line.
(g)
Retail gift shop as part of a principal building, provided the
use is limited in service to the employees, patients, and visitors
within the Planned Behavioral Health Complex.
(h)
Bank, post office, hairdresser/barber, laundry/dry cleaner,
dining halls, and other such personal and professional services, communal
social and cultural areas, active and passive recreational facilities,
all as part of a principal building, provided the uses are limited
in service to the employees and patients within the Planned Behavioral
Health Complex.
(i)
Storage buildings limited to the storage of materials owned
and used only by the principal permitted uses on the subject property.
(j)
Conference facilities serving the needs of the principal permitted
uses in the Planned Behavioral Health Complex.
(k)
Child care centers, provided that the child care center is limited in service to children of the employees and patients within the Planned Behavioral Health Complex (see Subsection 16-6.1k for the required standards for Child Care Centers).
(l)
Maintenance and utility buildings, greenhouses, and other similar
ancillary service uses for the complex.
(m)
Street furniture, bus shelters and taxi stands.
(n)
Sewer plant(s) serving the Planned Behavioral Health Complex.
(o)
Wind, solar or other photovoltaic energy facility or structure(s)
serving the Planned Behavioral Health Complex, provided that they
are not located within 60 feet of any public street or 25 feet of
any tract boundary line.
5.
Maximum Floor/Area Ratio Intensity of Development. A maximum floor/area
ratio of 0.15 shall be allowed for the Planned Behavioral Health Complex
upon the total tract area, provided that no more than a total of 570,000
feet of gross floor area shall be permitted.
6.
Area and Distance Requirements.
(a)
No new principal building or new addition to an existing principal
building shall be located within 100 feet of any public street or
within 25 feet of any other tract boundary line, except that these
provisions shall not apply to any existing buildings including renovations
to or reconstruction of any existing building within the same footprint
and with the same gross square footage.
(b)
No new accessory building, parking deck structure or surface
parking area shall be located within 60 feet of any public street,
or within 25 feet of any other tract boundary line, except that these
provisions shall not apply to any existing accessory buildings or
parking structures or areas.
(c)
Within 90 days of the date of the adoption of this paragraph
(October 6, 2011) by the Township Committee, the Planned Behavioral
Health Complex may submit a signed and sealed survey showing existing
improvements on the subject approximately 85 acre, tract, with an
indication of the uses of the structures and their setbacks from all
tract boundary lines.
(1)
Upon receipt of this information, the Planning Board shall review
and may verify the as-built conditions of the subject property.
(2)
The purpose of the verified survey is to document an agreed
upon as-built situation, thereby identifying pre-existing conditions,
whether conforming or nonconforming.
(3)
The buildings and structures identified on the verified as-built
survey shall thereafter be permitted to be renovated, rehabilitated
or reconstructed within the same footprint and with the same gross
square footage, even though they may not meet the required setbacks
of this paragraph.
(4)
The verified survey shall be maintained by the Planning Board
as a permanent record of the Board until such time that the Planned
Behavioral Health Complex is abandoned.
(d)
A landscape buffer of 50 feet in width shall be provided between
the developed portion of the site and any public street and any other
tract boundary line, provided and in accordance with the following:
(1)
Landscape buffers shall be planted with a combination of deciduous
and evergreen trees and shrubs of sufficient size and quantity to
provide an effective screening of the interior of the site.
(2)
Where feasible and desirable, the landscape buffers may be required
by the Planning Board to contain earthen berms at least two feet in
height.
(3)
No parking area, loading area, driveway or other structure (except
for approved accessways, signs and fencing) shall be permitted in
the required landscape buffers; however, this provision does not apply
to existing structures.
(4)
Utilities and passive recreational facilities may be permitted
by the Planning Board to be located within the required landscape
buffer, provided that landscape treatments are provided to effectively
screen the interior of the site.
(e)
Any new building may be freely situated on the site, provided
that no building or parking deck structure shall be located closer
to any other building than the average of the two heights of said
buildings at points where such buildings are nearest to one another,
but in no case less than 20 feet except that:
(1)
Thirty feet shall be provided where the separation distance
is used to any extent for parking and/or vehicular circulation.
(2)
Where buildings are connected together by an enclosed passageway
or at the foundations, the connected buildings are considered as a
single building, and the separation distance is not applicable.
(f)
All buildings shall be reasonably accessible to emergency vehicles,
and in the case of buildings housing residential units, both the front
and rear of all principal buildings shall be reasonably accessible
for firefighting purposes.
(g)
The total building coverage shall not exceed 15% of the total
tract area of the Planned Behavioral Health Complex.
(h)
The total lot coverage of all buildings, structures, streets,
driveways and other surfaces shall not exceed 45% of the total tract
area of the Planned Behavioral Health Complex.
7.
General Requirements for a Planned Behavioral Health Complex.
(a)
The Planned Behavioral Health Complex shall be served by one
or more approved sewage treatment plants and a centralized water source.
(b)
No "critical areas," as defined in Subsection 16-6.4 of the Code, shall be developed or disturbed.
(c)
Blank, unarticulated wall facades shall not be permitted. The
architectural design and material surface and color of the building
walls on all sides of a building shall be suitably finished for aesthetic
purposes.
(d)
Mechanical and emergency electrical equipment serving a building
or buildings shall be screened from view. The equipment may be located
on the ground, within a building, or on the roof of a building.
(e)
No merchandise, equipment or similar material and objects shall
be displayed or stored outside unless located within a solid fenced
enclosure as may be specifically approved by the Board.
(f)
All portions of a lot not covered by buildings or structures
(e.g., parking lots, parking spaces, loading areas, access aisles,
driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall
be suitably landscaped with grass, shrubs, and trees and shall be
maintained in good condition. In any case, no less than 50% of the
area of any lot or tract shall be so landscaped, and the landscaped
area may include approved detention and/or retention basins and approved
septic fields.
(g)
Any expansion of the existing buildings in the Planned Behavioral Health Complex as shown on the certified as-built survey shall require the dedication of additional right-of-way along all abutting public streets, as required by Subsection 16-5.14a5 of the Code. The pro-rata share of any improvements deemed necessary by the Planning Board, and as indicated in the June 9, 2010 Traffic Feasibility Study prepared by Harlyn Associates for Carrier Clinic are submitted to the Board on June 18, 2010, as may be modified at the time of site plan application, shall be provided by the Planned Behavioral Health Complex as part of any site plan approval.
(h)
New buildings shall be designed with a conscientious effort
to use the Leadership in Energy and Environmental Design (LEED) standards
promulgated by the Green Building Council whenever practicable but
shall not be required.
8.
Maximum Height of Buildings and Structures.
9.
Open Space Requirements.
(a)
Only the identified 85 plus acre tract of land shall be used
for development.
(b)
The remaining lands within Block 2001 shall be deed restricted,
sold or transferred to Somerset County or to the Township of Montgomery
for open space, parkland and/or road improvement purposes, if not
already dedicated thereto, and/or other purposes consistent with the
State's Green Acres requirements.
10.
Lighting Requirements.
(a)
The primary outdoor lighting permitted shall be that which is
minimally necessary for security and the safety of patients, employees
and visitors of the Planned Behavioral Health Complex, and a lighting
plan shall be submitted for review and approval by the Planning Board
indicating the location of the lighting fixtures, the direction of
illumination, the wattage and isolux curves for each fixture, and
the details of the lighting poles and luminaries.
(b)
The lighting fixtures shall be non-glare lights with recessed
lenses focused downward and with cut-off shields as appropriate in
order to mitigate against adverse impacts upon adjacent and nearby
properties, the safety of traffic along adjacent roadways and overhead
skyglow.
(c)
As appropriate for lighting and decorative purposes, bollard
lighting, not more than four feet in height and approximately shielded,
may be provided along sidewalks and within open space areas.
(d)
Lighting may be attached to a building, provided that such lighting
is focused downward and is specifically approved by the Planning Board
as part of the submitted lighting plan.
(e)
It is recognized that lighting within the Planned Behavioral
Health Complex is necessary to remain on throughout the night for
security and safety purposes; however, such lighting shall be the
minimal amount necessary and/or advisable for security and safety
purposes, and shall be as specifically reviewed and approved by the
Planning Board. All other lighting shall be controlled by circuit
timers so that the lights are automatically turned off after business
hours.
11.
Parking Requirements.
(a)
Each individual use shall be provided parking spaces in accordance
with the following minimum provisions. Where a parking area is designed
to serve the needs of different uses with different parking requirements,
the total number of required parking spaces shall be obtained by computing
the parking requirements for each different use and adding the resulting
numbers together.
(1)
Offices and office buildings shall be provided parking at the
ratio of one parking space per 250 square feet of gross floor area
or part thereof, except that medical offices shall be provided parking
at the ratio of one parking space per 175 square feet of gross floor
area or part thereof.
(2)
Research laboratories shall be provided one parking space per
500 square feet of gross floor area.
(3)
Child care centers shall be provided one space for each employee,
plus one additional space for every eight children.
(4)
For any independent living unit, one space for each unit.
(5)
For hospitals, surgical centers, and any other type of residential
units, one space for every three beds plus one space for every employee
at maximum shift within the hospital or residential building.
(6)
All other uses shall provide adequate parking to serve the needs
of the employees, guests and patients. The applicant shall demonstrate
that adequate parking has been provided through testimony of a traffic
consultant and comparisons with other similar facilities.
(b)
In order to reduce impervious surface coverage, the use of parking
decks is encouraged.
12.
Off-Street Loading and Waste Disposal Requirements.
(a)
Each principal building or group of buildings shall provide
at least one off-street loading space either within the building or
outside at the rear or side of the building with suitable screening,
unless otherwise specifically approved by the Planning Board in consideration
of the design of the development and the adequacy of an alternate
loading plan proposed by the applicant.
(b)
There shall be at least one waste/recycling disposal location
within convenient access to the building being served. The location
shall be provided either within the building being served or in a
pick-up location outside and proximate to the building.
(1)
If provided outside the building, the disposal location shall
be separated from the parking spaces and shall be contained by a solid
gated fence or wall surrounding a steel-like, totally enclosed container.
(2)
If located within the building, the doorway may serve both the
loading and trash/garbage functions, and if located outside the building,
it may be located adjacent to or within the general loading area(s),
provided the container in no way interferes with or restricts loading
and unloading functions.
(3)
Any waste disposal location shall provide facilities for the
collection and separation of recyclable materials in accordance with
the recycling requirements of Somerset County.
(4)
Any waste disposal location shall be screened from public view
by building walls or extensions thereof, fencing and/or landscaping.
13.
Signage Requirements.
(a)
A Planned Behavioral Health Complex may have one freestanding
sign along each public street which provides vehicular access to the
development, provided there exists at least 250 feet of unbroken frontage.
(1)
Such sign(s) shall be located only at the major entrance(s)
to the complex and shall be used only to display the development's
name.
(2)
Such sign(s) shall not exceed eight feet in height, shall be
set back at least 15 feet from any street right-of-way line and driveways
and 25 feet from any other property line, and shall not exceed an
area of 50 square feet.
(b)
Directory signs, as deemed necessary and approved by the Planning
Board, listing the building names and/or uses may be permitted within
the internal circulation system, provided that the sign is set back
at least 60 feet from any street line and is no larger than 20 square
feet in size or eight feet in height.
(c)
Each building shall be permitted a sign attached flat against
the building at the main building entrance. The size of each such
attached sign shall not exceed 1/2 square foot of sign area per one
linear foot of the facade to which the sign is to be attached, but
in no case shall the size of the sign exceed 50 square feet in area.
(d)
All signage within shall be compatible in terms of design, materials,
colors, lettering, lighting and the positions of the signs on the
various buildings within the complex. At the time of application for
preliminary site plan approval, the applicant shall submit a comprehensive
plan or the signage throughout the complex.
(e)
Additional signage may be permitted by the Planning Board for
good cause shown by the applicant, provided that such additional signage
must be specifically approved by the Board.
k.
Planned Mixed Use Developments.
1.
Purpose.
The following are the zoning ordinance requirements for a Planned
Mixed Use Development (PMUD) that permit the build-out of lands generally
located in the northwest quadrant of the Route 206/Route 518 intersection
of Montgomery Township as shown on the The Planned Mixed Use Development
Concept Plan, dated August 10, 2017, prepared by Montgomery Township
and included within the Township's Land Use Plan (the Concept Plan).
It is the purpose of this subsection to establish an overlay zoning
district which would permit the establishment of mixed-use land development
combining various types of commercial, retail, office uses together
with market-rate and family affordable housing to allow a more diverse
development pattern to occur on abandoned, obsolete and underutilized
properties located in the northwest quadrant of the Route 206/Route
518 intersection. The PMUD zoning ordinance provisions have separate
but interrelated requirements for four sub-development areas identified
on the plan entitled The Planned Mixed Use Development/Concept Plan:
Area A, a residential tract, comprised of sub-area A-1 for affordable
housing and sub-area A-2 for market-rate residential housing, and
Areas B and C for mixed use, including commercial, office, retail,
market-rate housing and affordable housing.
2.
Objectives. In order to encourage the sound utilization of land and
promote a strong sense of community in the vicinity of the commercial
center of Montgomery Township at and nearby the Route 206/Route 518
intersection, the PMUD ordinance provisions are intended to promote
the following objectives:
(a)
To encourage the redevelopment of abandoned, obsolete and/or
underutilized properties located within the Route 206/Route 518 node
of Montgomery Township to maximize the viability for economic development,
including expanded retail and service opportunities in the Township,
and compact, multi-family housing to compliment the commercial development;
(b)
To encourage orderly and well-planned development at a scale
and location so that it is feasible to construct a comprehensive infrastructure
package of supporting utilities, services and facilities, including
new roadways, stormwater management systems, open space, and associated
elements;
(c)
To encourage orderly development of sites with sufficient frontage
on existing or new major collectors or State or County highways to
provide safe, efficient access and traffic circulation, and provide
for orderly internal vehicular, bicycle, and pedestrian circulation;
(d)
To facilitate the provision of affordable housing in proximity
to job opportunities, public transportation and shopping;
(e)
To implement planned thoroughfares and transportation routes
which will promote the free flow of traffic;
(f)
To promote a desirable visual environment through creative development
techniques and good civic design and arrangement; and
(g)
To encourage coordination of the various public and private
procedures and activities shaping land development with a view of
lessening cost of such development and to promote the more efficient
use of land.
3.
General Ordinance Provisions.
The following provisions are considered integral to the ordinance
governing the development of the PMUD and the implementation of the
necessary improvements to the traffic circulation system:
(a)
These overlay provisions for the PMUD on the subject lands are
an optional development alternative to the existing underlying zoning
provisions, which are to remain in effect.
(b)
In accordance with recommendations of the adopted Traffic Circulation
Plan, dated June 30, 2003, and the objectives of the Land Use Plan
Element, dated August 10, 2017, the developers of the Planned Mixed
Use Development, at minimum, shall be responsible for the construction
of their prorata share of all portions of all Master Plan thoroughfares
within the subject district and, additionally, for their pro-rata
share of any improvements along the tract's frontage on Route 518
and any traffic signal and sign upgrades and related road improvements
along the tract's frontage on Route 206. The developers shall provide
rights-of-way and shall be required to construct their pro-rata share
of the intermediate loop and inner loop connector roadways, and their
pro-rata share of any upgrades required by the State of New Jersey
or County of Somerset for Route 206 or Route 518. The pro-rata share
shall be based on a traffic study of the full build-out of all of
the development sites and the percentage of traffic each site contributes
to each roadway.
(c)
In addition to the Master Plan roads within the subject district,
Planned Mixed Use Development, at minimum, the developers shall be
responsible for the construction of their pro-rata share of public
infrastructure including, but not limited to, stormwater, public water,
and/or sewer improvements.
(d)
No single/individual use within a Planned Mixed Use Development
shall have direct driveway access to Route 206 or Route 518.
(e)
A PMUD shall only be approved by the approving authority if
the development is provided the required utility services and connections.
(f)
In the event a developer of the PMUD proposes a phased development,
same shall only be approved by the approving authority if the phasing
plan is submitted to the approving authority and approved by the Township
Committee as part of a developer's agreement. The phasing plan shall
indicate the areas of the related improvements to be developed during
each phase, including, but not limited to, the land uses, road improvements,
stormwater management facilities and utilities. In any event, the
first phase shall include (1) completion of the public roads as established
by and in accordance with the Traffic Circulation Plan Element 2003
Amendment No. 1 of the Master Plan dated April 30, 2003, unless modified
by paragraph (h) below and, (2) roadway improvements to Route 518
and Route 206 in accordance with municipal, County and State approvals.
(g)
Except for the public roadways (post-acceptance) within the
PMUD, the developer and, thereafter, the managing entity of the finished
development, shall be responsible for the repair and maintenance of
all structures, landscaping, lighting, snow removal, detention basins
and open spaces. This includes all site furnishings, whether within
or outside of a public street right-of-way.
(h)
Phasing. Construction of the Master Plan roads shall occur in
the first phase of development of each respective sub-area (A-1, A-2,
B and C) with the following exceptions:
(i)
Cross-Easements. Blanket cross-easements in a form satisfactory
to the Township Attorney shall be provided throughout the PMUD for
irrevocable cross-access for vehicular and pedestrian circulation,
parking, utilities, maintenance and drainage.
(j)
Other Applicable Requirements. All other applicable requirements of this Chapter 16 not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances of such other applicable requirements of this chapter may be granted by the approving authority in accordance with the applicable criteria articulated in the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
4.
Location and Size.
The various areas of the PMUD are identified as follows:
(a)
Area A-1: The lands within Block 28004, Lot 7 as shown on the
Zoning Map.
(b)
Area A-2: The lands within Block 28005, Lot 66 as shown on the
Zoning Map.
(c)
Area B: The lands within Block 28005, Lots 60, 65, 68 and 69,
including a ± 0.45-acre portion of land to be acquired by the
developer of Area B from Block 28005, Lot 66, as shown on the Zoning
Map.
(d)
Area C: The lands within Block 28005, Lots 57, 58, 59, 61, 62,
and 64 as shown on the Zoning Map. The PMUD overlay shall only apply
to Tract C if all of the lots, with the exception of lot 64, are redeveloped
in accordance with the PMUD.
5.
Required Design for the PMUD.
(a)
The required site design of the proposed PMUD shall be in accordance
with The Planned Mixed Use Development Concept Plan, dated August
10, 2017, prepared by Montgomery Township and included in the Township's
Land Use Plan (the "Concept Plan").
(b)
However, it is not intended that the concept plans be considered
definitively specific regarding any particular aspect of the concept
plans, and it is expected that the review of a formally submitted
site plan by the approving authority during the public hearing process
will result in further refinements to the concept plan while being
substantially consistent with the original concepts.
6.
Thoroughfares.
(a)
The thoroughfares within Area A-2 shall be designed to provide
the minimum widths necessary to comply with the New Jersey Residential
Site Improvement Standards (RSIS), N.J.A.C. 5:21-et seq.
(b)
Except for thoroughfares classified as lanes/alleys, design
of thoroughfares shall accommodate on-street parking on both sides
of the cartway.
7.
Open Space Standards.
(a)
Street trees shall be planted an average of 40 feet on center
along the entirety of the thoroughfare frontages, except for those
classified as lanes/alleys, within the PMUD.
(b)
At a minimum, open spaces shall be planted with a double row
of street trees along thoroughfare frontages. Open spaces abutting
alleys/lanes shall be planted with a single row of street trees.
(c)
Detailed site plans of the open spaces shall be submitted for
review and approval by the approving authority.
(d)
Areas of open space to be included in the PMUD area identified
as follows:
(1)
Children's Play Area located in Area A-1.
(2)
Dog Walk located in Area A-1.
(3)
Primary central open space in Area A-2.
(4)
Two open spaces centrally located between rear lanes/alleys
in Area A-2.
(5)
Play area north of Intermediate Loop in Area A-2.
(6)
Plaza in Area B, preferably adjacent to the commercial anchor
where events and use of the plaza will:
(7)
Plaza in Area C.
(e)
Stormwater management facilities shall not impede anticipated
function of open spaces.
9.
Traffic Circulation Loop Road Design.
(a)
The loop road rights-of-way, as identified in the Traffic Circulation
Plan Element, dated April 30, 2003, shall include street trees, sidewalks,
and lighting.
10.
Area A-1.
[Amended by Ord. No. 18-1566]
(b)
Accessory Uses Permitted.
(1)
Off-street parking (see Subsections 16-2.1, Subsection 16-6.5k10(d) herein below, and Subsection 16-5.8 for the design requirements for off-street parking and driveways).
(2)
Fences and walls (see Subsection 16-5.3 of this chapter for the design requirements for fences, walls, sight triangles and guiderails).
(3)
Temporary Sales and Construction Trailers (see Subsection 16-6.8 for design requirements for early starts, models, sales centers and temporary construction trailers).
(4)
Signs (see Subsection 16-6.5k10(j) herein below and Subsection 16-5.13 for design requirements for signs).
(5)
Maintenance shed that shall be no larger than 10 feet by 10
feet.
(6)
Maintenance shop located within the main building manager's
office.
(7)
Conservation areas or open spaces, recreation uses and public
purpose uses, including but not limited to a dog walk, children's
play area, gazebo and benches.
(8)
Stormwater management and other utilities.
(c)
Area Requirements. The following regulations, area, bulk, setback
and intensity requirements for the principal dwelling and permitted
accessory structures applies for Area A-1:
|
Area A-1 Area, Yard, Height and Coverage Requirements
(Subsection 16-6.5k10(c))
| |
|---|---|
|
Requirements
| |
|
Tract
| |
|
Min. Tract Size
|
Entirety of Area A-1
|
|
Min. No. of Dwellings
|
67
|
|
Max. No. of Dwellings
|
90
|
|
Min. Open Space
|
15%
|
|
Max. Building Coverage
|
35%
|
|
Max. Lot Coverage
|
60%
|
|
Min. Buffer from R-1 Zone
|
50 feet
|
|
Min. Buffer from REO-3 Zone
|
30 feet
|
|
Principal Building
| |
|
Min. Front Yard
|
30 Feet
|
|
Min. Side Yard
|
50 Feet1
|
|
Min. Rear Yard
|
30 Feet
|
|
Max. Height
|
4 stories/55 Feet
|
|
Accessory Building
| |
|
Min. Front Yard
|
N.P.2
|
|
Min. Side Yard
|
20 Feet
|
|
Min. Rear Yard
|
10 Feet
|
|
Max. Height
|
15 Feet
|
|
Notes:
| |
|---|---|
|
1
|
Balconies may encroach into a required minimum setback up to
3 feet
|
|
2
|
Accessory buildings are not permitted (N.P.) in front yards.
|
(d)
Parking Requirements.
(1)
Parking lots shall be a minimum of 10 feet from a front yard
line, 30 feet from a side yard line, and 10 feet from a rear lot line.
(2)
Parking may be provided off- or on-street and count towards
the total requirement.
(3)
Each dwelling unit shall be provided a minimum number of parking
spaces according to the provisions of the Residential Site Improvement
Standards (RSIS), N.J.A.C. 5:21, or based upon historical data provided
subject to Township review.
(e)
Affordable Housing Standards.
(1)
A Developer's Agreement is required to establish low/moderate
apportionment, very low-income requirement per N.J.S.A. 52:27D-329.1,
bedroom distribution, unit size, etc.
(2)
If 9% Low-Income Housing Tax Credits (LIHTC) are awarded, a maximum of 80 family rental apartment dwelling units (see Subsection 16-6.3 for additional standards) in one multi-family building for very low-, low- and moderate-income households shall be developed. If 9% LIHTC are not awarded, 67 family rental units are required.
(3)
If the affordable units are funded/financed through 9% LIHTC,
to the extent an affordable housing standard is not reflected in the
required Developer's Agreement, the affordable units shall comply
with Section 42 of the Internal Revenue System (IRS) Code.
(4)
If 9% LIHTCs are not awarded, then the affordable units shall
be developed in accordance with COAH's regulations at N.J.A.C. 5:93
and the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1
et seq., which govern the administration and affordability controls
of affordable units in New Jersey, with one exception. The exception
is for 13% very low-income housing at 30% of the regional median income
instead of the UHAC requirement of 10% very-low income housing at
35% of the regional median income.
(5)
At least 13% of the units shall be affordable to very low-income
households, 37% of the units shall be affordable to low-income households,
and 50% shall be affordable to moderate-income households. An odd
number shall be split in favor of the low-income unit. If 9% LIHTC
are not awarded, the 67 units shall be comprised of nine units of
very low-income housing, 25 units of low-income housing, and 33 units
of moderate income housing. If 9% LIHTC are awarded, the 80 units
shall be comprised of 11 units of very low-income housing, 29 units
of low-income housing, and 40 units of moderate-income housing.
(6)
Affordable Housing Standards. In addition to addressing the
requirements of COAH and UHAC (or Section 42 of the IRS Code) noted
above, the affordable units shall be developed in accordance with
the following:
(i)
The affordable units cannot be age- restricted
units;
(ii)
The bedroom distribution requirements pursuant
to N.J.A.C. 5:93-7.3 and N.J.A.C. 5:80-26.3(b). To the extent 9% LIHTC
funds are awarded to subsidize the affordable rental units, the developer
shall provide 25% three bedroom units to address the HMFA Qualified
Allocation Plan point requirements.
(iii)
The unit distribution requirements pursuant to
N.J.A.C. 5:80-26.3.
(iv)
The very low-income distribution requirements
pursuant to the NJ Fair Housing Act, N.J.S.A. 52:27D-329.1.
(v)
The length of controls requirement and deed restrictions
pursuant to N.J.A.C. 5:80-26.11, or if the affordable units are financed
through 9% LIHTCs, the deed restrictions shall be consistent with
the requirements of Section 42 of the IRS Code.
(vi)
The accessibility and adaptability requirements
pursuant to N.J.A.C. 5:97-3.14.
(f)
Design Standards.
(1)
Development of Area A-1 must be concurrent with the development
of Area A-2 pursuant to the required Developer's Agreement. Area A-2
cannot be completed without the development of Area A-1.
(2)
Pedestrian Connectivity. A pedestrian walkway connecting the
building to the thoroughfares is required. Sidewalks shall be provided
along the entire frontage. Painted pedestrian crosswalks in accordance
with applicable governmental standards shall be provided at intersections.
(3)
Children's Play Area. A minimum of 1,600 square feet shall be
provided for a children's play area.
(g)
Architectural Design. The architectural design shall be substantially
similar to the illustrative architectural exhibit, entitled 67 Unit
Affordable Building, included in Appendix B of the Periodic Reexamination
of the Master Plan and Development Regulations and Land Use Plan Element,
dated August 2017.[2]
[2]
Editor's Note: Appendix B may be found on file in the Township
offices.
(h)
Plantings. All portions of a lot not covered by buildings or
structures (e.g. parking lots, parking spaces, loading areas, access
aisles, driveways, sidewalks, walkways, curbs, trash enclosures, children's
play areas, dog walks, etc.) shall be suitably planted with grass,
shrubs, and trees and shall be maintained in good condition. In any
case, no less than 20% of the area of the lot shall be so planted,
and the planted area may include approved detention and/or retention
basins.
(i)
Buffers.
(1)
All perimeter buffer areas shall be reviewed by the approving
authority and constructed by the developer of the PMUD as part of
its approval, with any existing vegetation augmented with additional
landscaping as may be required by the Board at the time of the site
plan review. The approving authority may require that the existing
wooded areas be placed into a conservation deed restriction.
(3)
The buffer area between the R-1 Zone and the PMUD Zone district
shall have the buffer plantings installed along a four-foot high fence
as approved by the Township.
(4)
No other structures are permitted within the buffers with the
exception of retaining walls necessary to create slope conditions
that provide for permitted uses provided that the exposed faces of
such walls are finished using integral textures, colors or masonry
veneer. Painted or parged finishes will not satisfy this requirement.
Additionally, the design, location and configuration of such walls
shall be integrated with the required buffer plantings.
(j)
Signs.
(1)
One ground mounted freestanding residential building identification
sign along Research Road[3] shall be permitted, provided that the sign shall not exceed
30 square feet in area and eight feet in height and is set back at
least five feet from any street right-of-way and 25 feet from any
other property line.
[3]
Editor's Note: The name of Research Road was changed to Village
Drive 12-10-2018 by Ord. No. 18-1597.
(2)
The freestanding sign may be lighted, provided the lighting
is exterior to the sign and is low wattage.
(3)
Additional signage within the interior of the development may
be approved by the approving authority for directional purposes or
other good cause shown by the applicant as part of the site plan approval.
11.
Area A-2.
(a)
Permitted Principal Uses on the Land and in Buildings.
(1)
Townhouse Dwellings. A maximum of 107 townhouse (attached) dwelling units (see Subsection 16-6.3 for additional standards). The townhouses shall be rear lane-loaded with driveways and garages. A maximum of six townhouse units shall be permitted per building.
(2)
Multi-Family Apartment Dwellings. 40 multi-family apartment dwelling units (see Subsection 16-6.3 for additional standards) in one multi-family building.
(3)
Conservation areas, recreation, open space, and public purpose
uses.
(4)
Regional stormwater management basins may be located on their
own lots as long as they serve the tract and subareas.
(b)
Accessory Uses Permitted.
(2)
Patios and decks (see Subsection 16-6.3 for additional design requirements for townhouses).
(i)
Townhouses: end units.
[a]
All patios and decks, excluding steps and landings
shall conform to the following requirements:
[1]
Shall not be higher than the finished floor elevation
of the end unit townhouse to which it is accessory.
[2]
Shall not be located closer than eight feet to
the right-of-way of an alley or street that is located to the side
of a townhouse building.
[3]
Shall not be located closer than 13 feet to the
right-of-way of an alley that is located to the rear of a townhouse
building.
[4]
Shall have a planted evergreen buffer with a minimum
width of three feet between the patio/deck and an alley or street.
[5]
Shall have an opaque fence, having a minimum height
of five feet and a maximum height of six feet between the patio/deck
and an alley or street.
[6]
Shall not be located closer than 18 inches to a
fence located between a patio/deck and an alley or street, except
for stairs or landings leading to a gate in the fence.
[7]
Shall not encroach in any required sight distances
at intersections.
[b]
Patios or decks accessory to end unit townhouses
that exceed 24 inches from the adjacent existing grade shall not project
more than three feet beyond the principal building wall and shall
be set back a minimum of 25 feet from the rear property line. The
portion of the building used as a garage shall not be used in determining
compliance with this requirement. The requirements of Subsection 16-6.5K11(b)-(2)(i)[a]
that are not superseded by these requirements remain applicable.
[c]
The total area of all patios and decks, excluding
steps and landings, shall not exceed 700 square feet. Stairs and landings
connecting the patio or deck to the ground do not count towards this
requirement, provided that the treads of the stairs do not exceed
a width of 12 inches each. Additionally, the area of a patio or deck
that is located within the principal building envelope and is covered
by an upper floor or roof is excluded from the total maximum square
footage calculation in this section.
[d]
The design of any fence shall be substantially
consistent with that which has been installed by the developer as
part of the original development approval. However, if the homeowner
association replaces the fences that were originally installed, then
all fences shall be substantially consistent with said fence design.
[e]
Patio/deck buffers required by this section shall
consist of a continuous planting, composed of evergreen plants with
a minimum height of five feet at the time of planting and with an
anticipated mature height of no less than seven feet.
[f]
All patios or decks, including steps or landings,
are subject to the building and lot coverage requirements for the
PMUD Zoning District.
(ii)
Townhouses: interior units.
[a]
Patios or decks on interior unit townhouse lots shall comply
with the following requirements:
[1]
Shall not be higher than the finished first floor
elevation of the interior unit townhouse to which it is accessory.
[2]
Shall not be located closer than 13 feet to the
right-of way of an alley that is located to the rear of a townhouse
building.
[3]
Shall have a planted evergreen buffer with a minimum
width of three feet between the patio/deck and an alley or street.
[4]
Shall have an opaque fence, having a minimum height
of five feet and a maximum height of six feet between the patio/deck
and an alley or street.
[5]
Shall not be located closer than 18 inches to a
fence located between a patio/deck and an alley or street, except
for stairs or landings leading to a gate in the fence.
[6]
Shall not be located closer than 18 inches to the
exterior wall of the adjacent townhouse dwelling unit.
[b]
Patios or decks on an interior unit townhouse unit that exceed
24 inches from the adjacent existing grade shall not project more
than 15 feet from the rear wall of the principal building and shall
be set back a minimum of 18 inches from the exterior building wall
or fence of an adjacent unit. The portion of the building used as
a garage shall not be used in determining compliance with this requirement.
The requirements of Subsection 16-6.5K11(b)-(2)(ii)[a] that are not
superseded by these requirements remain applicable.
[c]
Patio/deck buffers required by this section shall consist of
a continuous planting, composed of evergreen plants with a minimum
height of five feet at the time of planting and with an anticipated
mature height of no less than seven feet.
[d]
The design of any fence shall be substantially consistent with
that which has been installed by the developer as part of the original
development approval. However, if the homeowners association replaces
the fences that were originally installed, then all fences shall be
substantially consistent with said fence design.
[e]
The total area of all patios and decks, excluding any stairs
or landings, shall not exceed 300 square feet. Additionally, the area
of a patio or deck that is located within the principal building envelope
and is covered by an upper floor or roof is excluded from the total
maximum square footage calculation in this section.
[f]
All patios or decks, including steps or landings, are subject
to the building and lot coverage requirements for the PMUD Zoning
District.
(3)
Fences and walls (see Subsection 16-5.3 of this chapter for the design requirements for fences, walls, sight triangles and guiderails).
(4)
Temporary Sales and Construction Trailers (see Subsection 16-6.8 for design requirements for early starts, models, sales centers and temporary construction trailers).
(5)
Signs (see Subsection 16-6.5.k11(i) herein below and Subsection 16-5.13 for design requirements for signs).
(6)
Conservation areas, recreation, open space, and public purpose
uses.
(7)
Stormwater management and other utilities.
(c)
Area Regulations. The following regulations, area, bulk, setback
and intensity requirements for the principal dwelling and permitted
accessory structures applies for Area A-2:
|
Area A-2 Area, Yard, Height and Coverage Requirements
(Subsection 16-6.5k11(c))
| ||
|---|---|---|
|
Requirements
| ||
|
Tract
| ||
|
Min. Tract Size
|
The entirety of Area A-21
| |
|
Max. Density
|
6 dwelling units per acre
| |
|
Min. Open Space
|
30%
| |
|
Min. Buffer from R-1 Zone
|
20 feet
| |
|
Lots
|
Townhouse
|
Multi-family
|
|
Min. Lot Size
|
2,000 square feet
|
60,000 square feet
|
|
Min. Lot Frontage
|
20 feet
|
150 feet
|
|
Min. Lot Depth
|
110 feet
|
85 feet
|
|
Max. Building Coverage
|
70%
|
35%
|
|
Max. Lot Coverage
|
80%
|
60%
|
|
Principal Building
| ||
|
Min. Front Yard
|
10 feet
|
20 feet
|
|
Min. Side Yard
|
Interior Unit 0 feet End Unit 10 feet2
|
30 feet3
|
|
Min. Rear Yard
|
5 feet
|
50 feet
|
|
Max. Height4
|
3 1/2 stories/40 feet
|
3-4 stories/55 feet5
|
|
Max. Garage Height
|
1 story
|
N/A
|
|
Distance between buildings:
| ||
|
Side-to-Side
|
20 feet
|
N/A
|
|
Rear-to-Rear
|
50 feet
|
N/A
|
|
Side-to-Rear
|
50 feet
|
N/A
|
|
Notes:
| |
|---|---|
|
1
|
Portion of Tract dedicated for public streets.
|
|
2
|
Patios and Decks on end units may not project more than 3 feet
beyond the Principal Building wall.
|
|
3
|
Balconies may encroach into a required minimum setback up to
3 feet.
|
|
4
|
Except as further allowed in Subsection 16-6.2b of this chapter, entitled "General Exceptions and Modifications for Height Limits."
|
|
5
|
Maximum Building Height is 3 stories over parking provided that
at least 50% is at least 4 feet below grade around the perimeter of
the building.
|
(d)
Parking Requirements. Parking areas shall be designed in accordance
with the following:
(1)
Townhouse Dwellings.
(i)
Townhouse units shall be accessed from rear lanes/alleys.
(ii)
Townhouses shall provide at least one on-site
parking space within an enclosed garage located in the rear yard with
access from a lane/alley.
(iii)
Parking may occur within the driveway leading
to the garage, in which case said garage shall be set back no less
than 20 feet from curb or between the garage door and a sidewalk,
whichever distance is less, to accommodate a car without projecting
into the right-of-way.
(iv)
Garages, driveways and parking areas shall have
a minimum setback of three feet from any side property line or side
of dwelling unit. An exception to the three-foot setback from the
side property lines shall exist for townhouse lots to permit garages,
driveways and parking areas that share a common wall on the common
property line.
(v)
Each dwelling unit shall be provided a minimum
number of parking spaces according to the provisions of the Residential
Site Improvement Standards (RSIS), N.J.A.C. 5:21, or based upon historical
data provided subject to Township review.
(vi)
While off-street parking is preferred, on-street
parking may be delineated, calculated and included towards meeting
the RSIS requirements. No striping of on-street parking is initially
required. However, the developer shall post a performance guarantee
sufficient to cover the cost of adding striping within two years of
acceptance of roadways by the Township, if needed, for parking efficiency.
(vii)
Parking space sizes shall be provided pursuant
to RSIS.
(2)
Multi-family Dwellings.
(i)
Parking lots shall be a minimum of 20 feet from
a front yard line, 10 feet from a side yard line, and 20 feet from
a rear lot line.
(ii)
Parking may be provided off- or on-street and
count towards the total requirement.
(iv)
Each dwelling unit shall be provided a minimum
number of parking spaces according to the provisions of RSIS or based
upon historical data provided subject to Township review.
(e)
Design Standards.
(1)
Development of Area A-2 shall be in accordance with a Developer's
Agreement.
(2)
Development of Area A-2 must be concurrent with the development
of Area A-1 pursuant to the required Developer's Agreement. Area A-2
cannot be completed without the development of Area A-1.
(3)
Pedestrian Connectivity. Pedestrian walkways connecting thoroughfares
and the townhouse units and the building containing the multi-family
dwelling units shall be provided. Sidewalks shall be provided along
both sides of the thoroughfares except for the lanes. Painted pedestrian
crosswalks in accordance with applicable governmental standards shall
be provided at intersections.
(4)
If not utilized for stormwater management, the land surrounding
the multi-family building should be reforested for habitat, shade
and/or screening.
(5)
A walking pathway, with low-wattage lighting, shall be provided
connecting Area A-2 with the existing Hillside development north of
Area A-2.
(f)
Architectural Design. The architectural design shall be substantially
similar to the illustrative architectural exhibit, entitled "Area
A-2 Sample Townhomes with Rear Loaded Garages," included in Appendix
B of the Periodic Reexamination of the Master Plan and Development
Regulations and Land Use Plan Element, dated August 2017, and in accordance
with the following:[4]
(1)
Townhouse Dwellings.
(i)
Townhouses shall have a brick front facade in which
the brick is wrapped on the side facades on the corner lots and lots
adjacent to open space but is not required on the rear lane/alley
elevations.
(ii)
The overall development of Tract A-2 shall contain,
at a minimum, one end unit model and one interior models. Each base
model type home in any block shall have at least two alternative front
elevations containing different design features consisting of the
following:
(iii)
The finished first floor shall be a minimum of
18 inches above the front sidewalk elevation.
(iv)
The garage roof facing the lane/alley shall be
hipped, not gabled, at a maximum pitch of eight to 12.
(v)
Only end units may have four bedrooms. Interior
units are not permitted to have more than three bedrooms.
(vi)
Habitable space is not permitted over the garage.
(vii)
A fence, wall, hedge, landscape edge, or some
other element shall be provided within three feet of the sidewalk
to delineate the public sidewalk from the front yards of the townhouse
units. The proposed treatment shall be consistent throughout the sub-
area.
(2)
Multi-family Dwellings. Although no precedential conceptual
architectural rendering is included in this paragraph k., the market-rate
multi-family apartment building shall be designed to be unified with
the architecture of the townhouses in terms of materials, proportions,
windows, roof planes, ornament and other exterior building elements.
Additionally, the elevation of the building that faces the planned
central open space shall relate to such open space through the articulation
of a unique element or elements, combination of elements and changes
in such elements that are differentiated from the remaining areas
of the facade.
[4]
Editor's Note: Appendix B may be found on file in the Township
offices.
(g)
Plantings. All portions of the tract not utilized by buildings
or paved surfaces shall be planted, utilizing combinations such as
landscaped fencing, shrubbery, lawn area, ground cover, rock formations,
contours, existing foliage, and the planting of conifers and/or deciduous
trees native to the area in order to either maintain or reestablish
the tone of the vegetation in the area and lessen the visual impact
of the structures and paved areas.
(h)
Buffers.
(1)
All perimeter buffer areas shall be reviewed by the approving
authority and constructed by the developer of the PMUD as part of
its approval, with any existing vegetation augmented with additional
landscaping as may be required by the Board at the time of the site
plan review, and with all the buffer areas placed into a conservation
deed restriction.
(2)
The buffer between Area A-2 and the R-1 Zone shall be 20 feet.
(3)
The buffer area between the R-1 Zone and the PMUD Zone district
shall have the buffer plantings installed along a four-foot high fence
as approved by the Township.
(i)
Lighting.
(1)
A lighting plan shall be submitted for review and approval indicating:
(i)
The location of the lighting fixtures;
(ii)
The direction of illumination;
(iii)
The lamp type, wattage, lumens and isofootcandle
detail for each fixture
(iv)
Manufacturer-supplied specifications ("cut sheets")
that include photographs of the fixtures, indicating the certified
cut-off characteristics of the fixture, type of fixtures, including
the cut-off characteristics, indicating manufacturers and model number(s);
(v)
Mounting height (height of light source, not the
overall fixture height);
(vi)
Timing devices and other controls used to control
the hours of illumination, as well as the proposed hours when each
fixture will be operated;
(vii)
A point-by-point lighting plan shall be submitted,
indicating in maintained horizontal footcandles.
(2)
Predicted illumination grid shall be extended out to the point
where levels are anticipated to be zero footcandles;
(3)
Individual areas to be illuminated shall be identified on an
overall plan and calculated separately include: parking areas, streets/thoroughfares,
pedestrian walkway/areas, open space/plaza, outdoor dining areas and
any other discrete areas.
(4)
For each individual area in paragraph (3) above, a summary of
the illumination characteristics shall be provided, including:
(5)
Open space/plaza lighting shall consist of decorative fixtures
with a maximum height of 14 feet.
(6)
All other fixtures shall not exceed a height of 20 feet.
(7)
Lighting fixtures shall be non-glare, full cut-off.
(8)
Bollard lighting, not more than four feet in height and appropriately
shield, may be provided along sidewalks and within open space areas.
(9)
Lighting may be attached to a building, provided that such lighting
is focused downward/full cut-off.
(10)
Illumination levels (horizontal foot-candles):
(i)
Tract boundary: 0.1 footcandle maximum except for
intersections with streets/driveways.
(ii)
Vehicular intersections/entrances: 1.0 footcandle
minimum.
(iv)
Parking lot illumination levels of a minimum 0.2
footcandles, an average 1.0 footcandle, and a Max.- to-Min.: 20:1.
(v)
Pedestrian areas, including open space, illumination
levels of a minimum 0.2 footcandles, maximum: 5.0 footcandle, and
Max.-to-Min.: 20:1.
(11)
Extent/characteristics of illumination after business
hours. Except for any lighting for security purposes, all other lighting
shall be controlled by circuit timers so that the lights are automatically
turned off after business hours.
(j)
Signs.
(1)
Freestanding residential identification signs shall be permitted
as follows:
(2)
Freestanding open space identification and informational signs
shall be permitted on each corner of open space areas.
(3)
Freestanding signs shall not exceed 30 square feet in area and
eight feet in height and is set back at least five feet from any street
right-of-way and 25 feet from any other property line.
(4)
Signs are not permitted within site triangles.
(5)
The architectural design of the sign must relate to the building
facades and/or accents of the townhouse dwelling units.
(6)
The freestanding sign may be lighted, provided the lighting
is exterior to the sign, low wattage, and is located at the top of
the sign focused downward onto the sign.
(k)
Early Start Standards.
(1)
Developer may obtain 10 building permits for the model residential
dwellings to be located in Phase A-2-1 and 20 building permits for
residential dwellings in phase A-2-1 that may be offered for sale
subject to the approval of the approving authority and a Developer's
Agreement.
(2)
Developer shall identify the early start lots on a plan that
shows the overall project.
12.
Area B.
(a)
Permitted Principal Uses on the Land and in Buildings.
(1)
Retail sales of goods and services.
(2)
Banks, including drive-through facilities.
(3)
Offices and office buildings.
(4)
Medical offices.
(5)
Pharmacies, including drive-through facilities.
(6)
Restaurants.
(7)
Child care centers.
(8)
Shopping centers comprised of some or all of the preceding uses.
(9)
Residential apartment for rent located above the permitted nonresidential uses in accordance with the provisions in Subsection 16-6.5k12(d). The minimum number of apartments shall be 50 units and the maximum number of apartments shall be 54 units.
(10)
Conservation areas, recreation, open space, and
public purpose uses.
(b)
Accessory Uses Permitted.
(1)
Outdoor eating areas, for table service or self-service, associated
with a permitted restaurant are permitted, as long as a pedestrian
pathway having a minimum width of five feet is maintained within any
walkway or sidewalk adjacent to the outdoor eating area.
(2)
Temporary farm markets including the sale of seasonal/holiday
goods.
(3)
Transit-related shelters.
(4)
Off-street parking (see Subsection 16-6.5k12(f) herein below, and Subsection 16-5.8 for the design requirements for off-street parking and driveways).
(5)
Off-street loading (see Subsection 16-6.5k12(g) herein below).
(6)
Fences and walls (See Subsection 16-5.3 of this chapter for the design requirements for fences, walls, sight triangles and guiderails).
(7)
Signs (see Subsection 16-6.5k12(m) herein below and Subsection 16-5.13 for design requirements for signs).
(8)
Temporary construction trailers and one temporary sign not exceeding
32 square feet in area, either attached to the trailer or free-standing,
which advertises the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a construction permit and ending with
the issuance of a certificate of occupancy or one year, whichever
time period is less. The temporary construction trailer(s) and temporary
sign shall be located on the site where the construction is taking
place and shall be set back at least 30 feet from all lot lines and
from the right-of-way lines of all existing and proposed streets.
(9)
Small wind, solar or photovoltaic energy systems for the production of electric energy to serve the principal permitted use on the lot, provided the applicable requirements in Subsection 16-6.10 are met.
(10)
Conservation areas, recreation, open space, and
public purpose uses.
(11)
Stormwater management and utilities.
(c)
Permitted Conditional Uses.
(1)
Drive-Through Windows for Restaurants. Drive-through windows
for restaurants shall be permitted subject to the following conditions:
(i)
A drive-through window for a restaurant shall be
permitted only if the subject restaurant is part of a shopping center
or is otherwise associated with a shopping center with direct vehicular
access thereto;
(ii)
A drive-through window for a restaurant shall
be permitted only if the subject restaurant does not have direct driveway
vehicular access to a public street; and
(iii)
A drive-through window for a restaurant and associated
signage shall be provided landscaping to visually screen the window,
signage and driveway from adjacent properties.
(d)
Requirements for the Residential Apartments.
(1)
Residential rental apartments are required and shall be located above permitted nonresidential uses. Apartment dwelling units (see Subsection 16-6.3 for additional standards) may be located on the second and/or third floor levels of mixed use buildings, provided that there shall be no nonresidential uses on any upper floors containing residential development.
(2)
20% of the residential apartments shall be deed restricted as
affordable housing for very low-, low-, and moderate-income households
in accordance with COAH's regulations, N.J.A.C. 5:93-1 et seq., and
the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1
et seq., which govern the administration and affordability controls
of affordable units in New Jersey. With the exception that at least
13% of the units shall be affordable to very-low-income households,
37% of the units shall be affordable to low-income households, and
50% shall be affordable to moderate-income households. An odd number
shall be split in favor of the low-income unit.
(3)
A Developer's Agreement is required to establish low/moderate
apportionment, very low-income requirement per N.J.S.A. 52:27D-329.1,
bedroom distribution, unit size, etc.
(4)
In addition to addressing the requirements of COAH and UHAC
noted above, the affordable units shall be developed in accordance
with the following:
(i)
The affordable units cannot be age- restricted
units;
(ii)
The bedroom distribution requirements pursuant
to N.J.A.C. 5:93-7.3 and N.J.A.C. 5:80-26.3(b).
(iii)
The unit distribution requirements pursuant to
N.J.A.C. 5:80-26.3.
(iv)
The very low-income distribution requirements
pursuant to the NJ Fair Housing Act, N.J.S.A. 52:27D-329.1.
(v)
The phasing requirements pursuant to the Developer's
Agreement approved by the Township Committee.
(vi)
The length of controls requirement and deed restrictions
pursuant to N.J.A.C. 5:80-26.11.
(vii)
The accessibility and adaptability requirements
pursuant to N.J.A.C. 5:97-3.14.
(e)
Area Regulations. The following regulations, area, bulk, setback
and intensity requirements for the principal dwelling and permitted
accessory structures applies for Area B:
|
Area B Area, Yard, Height and Coverage Requirements
(Subsection 16-6.5k12(e))
| |
|---|---|
|
Requirements
| |
|
Tract
| |
|
Minimum Tract Size
|
The entirety of Area B1
|
|
Minimum Shopping Center Area
|
8 acres
|
|
Maximum Non-residential Floor Area Ratio
|
0.25
|
|
Maximum Lot Coverage
|
90%
|
|
Maximum Building Coverage
|
30%
|
|
Minimum Buffer from Route 206
|
15 feet
|
|
Minimum Buffer from Tract A-2-Residential
|
5 feet
|
|
Principal Building
| |
|
Maximum Height2
| |
|
Less than 250 feet from Route 206
|
2 1/2 stories/35 feet
|
|
250 feet or more from Route 206
|
3 1/2 stories/50 feet3
|
|
Minimum Distance to Route 206
|
35 feet
|
|
Minimum Distance to Intermediate Loop Road
|
5 feet
|
|
Minimum Distance to Inner Loop Road
|
10 feet
|
|
Minimum Distance to Internal Parking Area
|
4 feet
|
|
Minimum Distance to Internal Driveway4
| |
|
Front of Building
|
10 feet
|
|
Side of Building
|
5 feet
|
|
Rear of Building
|
5 feet
|
|
Accessory Building/Above-ground Structures
| |
|
Maximum Height
|
15 feet
|
|
Minimum Distance to Public Street
|
25 feet
|
|
Minimum Distance to Internal Parking Area
|
10 feet
|
|
Minimum Distance to Internal Driveway
|
10 feet
|
|
Minimum Distance to Other Buildings
|
10 feet
|
|
Notes:
| |
|---|---|
|
1
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Portion of Tract dedicated for public streets.
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2
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Except as further allowed in Subsection 16-6.2b of this chapter, entitled "General Exceptions and Modifications for Height Limits."
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3
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As measured from the facade facing Route 206, up to 25% of the
total building length may have a maximum height of 55 feet and up
to 15% of the total building length may have a maximum height of 60
feet.
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4
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Excludes Drive-through lane.
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(f)
Parking Requirements.
(1)
Off-street parking shall be minimized to the greatest extent
possible in front of the building line adjacent to Route 206.
(3)
Each individual use shall provide parking spaces according to
the following minimum provisions. Where a permitted use of land includes
different specific activities with different specific parking requirements,
the total number of required parking spaces shall be obtained by computing
individually the parking requirements for each different activity
and adding the resulting numbers together:
(i)
Commercial, and retail sales and service uses shall
be provided parking spaces at the ratio of three parking spaces per
1,000 square feet of gross floor area or part thereof.
(ii)
Office uses shall be provided parking spaces at
the ratio of five spaces per 1,000 square feet of gross floor area
or part thereof.
(iii)
Restaurants shall be provided one parking space
for every three seats, but in all cases, a sufficient number of spaces
to prevent any parking along public rights-of-way or private driveways,
fire lanes and aisles.
(iv)
Each dwelling unit shall be provided a minimum
number of parking spaces according to the provisions of the Residential
Site Improvement Standards (RSIS), N.J.A.C. 5:21, or based upon historical
data provided subject to Township review.
(4)
Shared parking is essential for the successful implementation
of Area B particularly for mixed-use commercial and residential buildings.
Where necessary, in parking lots which are serving mixed-use commercial
and residential buildings, the approving authority may, in its discretion,
permit a limited amount of parking to be reserved either for residential
or specified commercial uses only; or may restrict the hours that
certain spaces are to be used for residential or commercial uses only.
In exercising its discretion to allow any limitations to be placed
on the use of any parking spaces, the approving authority shall do
so with the intent to limit such restrictive use in order to advance
the objective of encouraging shared parking.
(i)
A developer seeking to satisfy its parking requirement
using a shared parking approach shall prepare a parking report that
documents how an adequate supply of parking spaces will be provided
to satisfy projected parking demand. The report shall be prepared
using procedures presented in the most recent version of the report
Shared Parking, published by the Urban Land Institute. The report
shall be prepared using the most current methodology published by
the Urban Land Institute or the Institute of Transportation engineers.
(ii)
The report may also adjust projected parking demand
based on an analysis of captured parking using procedures presented
in the most recent version of the Trip Generation Handbook published
by the Institute of Transportation Engineers.
(g)
Off-Street Loading Requirements.
(1)
Unless an alternate method of loading and unloading specifically is approved by the approving authority, the principal building shall be provided an off-street loading space at the side or rear of the building or within the building. In any case, loading and unloading must adhere to the Township's noise standards at Subsection 3-3.4.
(2)
There shall be at least one trash and garbage pick-up location
within convenient access to the building, including provisions for
the separation and collection of recyclable materials in accordance
with the recycling requirements of Somerset County and in accordance
with the following:
(i)
The trash and garbage pick-up location shall be
provided either within the building being served or in a pick-up location
outside the building;
(ii)
If located within the building, the doorway may
serve both the loading and trash/garbage functions, and if located
outside the building, it may be located adjacent to or within the
general loading area(s) provided the container in no way interferes
with or restricts loading and unloading functions; and
(3)
If located outside the building, the trash and garbage pick-up
location shall include a steel-like, totally enclosed trash and garbage
container located in a manner to be obscured from view from parking
areas, streets and adjacent residential uses or zoning districts by
a fence, wall, planting or combination of all three.
(h)
Design Standards.
(1)
Multiple Uses and Buildings.
(i)
Any principal building may contain more than one
principal use, and provided that each use occupies a minimum gross
floor area of 750 square feet.
(ii)
In order to promote a village atmosphere of smaller
buildings clustered in a pedestrian-oriented layout, multiple detached
principal buildings shall be permitted on a lot, provided and in accordance
with the following:
[a]
Area B shall be designed to include a central pedestrian
walkway having a minimum clear width of 16 feet (not including building
overhangs, seating, lighting or other site elements or trees along
the primary building frontage). This walkway shall be continuous,
connecting buildings along the entire length of the tract (parallel
to Route 206) and connecting to pedestrian walks/sidewalks that extend
along roadways and into adjacent neighborhoods. The existing Village
III Shopper shall be excluded from this requirement.
[b]
Area B shall have an open space/plaza of at least
4,000 square feet adjacent to the central pedestrian walkway upon
which building(s) face and that accommodates complimentary events.
(2)
All buildings shall be separated by:
(i)
A minimum of 20 feet where the separation is occupied
by plantings and/or used for pedestrian movement only; or
(ii)
A minimum of 50 feet where the separation distance
is used to any extent for parking and/or vehicular circulation; and
(iii)
In any case, the building separation requirements
noted herein above shall not be construed to prohibit a covered pedestrian
walkway between the buildings, whether the walkway is covered by a
roof overhang or by some other roof covering.
(3)
The total floor area ratio (FAR) of all nonresidential uses does not exceed the maximum requirements specified in Subsection 16-6.5k12(e).
(4)
Access from the public street(s) to the buildings shall not
be provided by individual driveways to each building, but by common
drive(s) so as to reduce the number of access points along the street(s).
(5)
A single controlling entity, such as a commercial owner's association
or a single owner of the entire development, shall provide for the
maintenance of the plantings, multiple-tenant signs, detention basins,
lighting and other common elements or shared structures and facilities.
(6)
Blanket cross-easements in a form satisfactory to the Township
Attorney shall be provided throughout the development for irrevocable
cross-access for parking, utilities, maintenance and drainage.
(7)
The existing five trees along the eastern property line adjacent
to Route 206 shall be maintained. If the trees are removed or killed
due to development of Area B, the trees shall be replaced at a ratio
of 3 to 1 with four to six inch caliper trees.
(8)
Street furniture as may be approved by the approving authority,
including benches, statuary, fountains, trash receptacles, bicycle
racks, bell and/or clock towers, and kiosks, all in accordance with
the following criteria:
(i)
Furniture is located within relatively wide sidewalk
areas and also open spaces.
(ii)
All furniture shall be constructed of durable
materials and finishes for purposes of safety, durability, appearance
and minimum maintenance.
(iii)
Furniture is visually compatible with the design
of the predominant architectural theme of the area.
(iv)
Furniture within sidewalk areas (i.e. benches,
trash receptacles, etc.) shall be attached in place. Furniture within
outdoor eating areas, plazas and open space may be movable/portable,
provided that is secured during non-business hours. All furniture
shall be maintained by the managing entity of the complex.
(v)
Bicycle facilities shall be integrated into the
overall landscape design.
(i)
Architectural Design.
(1)
The architectural design shall be substantially similar to the
illustrative architectural exhibits, entitled "The Village Walk at
Montgomery," included in Appendix B of the Periodic Reexamination
of the Master Plan and Development Regulations and Land Use Plan Element,
dated August 2017. The facade facing Area A-2 shall be designed to
be unified with the architecture of the townhouses in terms of materials,
proportions, windows, roof planes, ornament and other exterior building
elements.[6]
[6]
Editor's Note: Appendix B may be found on file in the Township
offices.
(2)
The front, sides and rear of the buildings shall be similarly
designed and finished with the same materials and similar architecture.
The building exterior shall have vertical and/or horizontal offsets
to create visual breaks along each facade. Long, monotonous, uninterrupted
walls are not permitted.
(3)
The architecture shall be designed to be harmonious among buildings,
but not identical.
(4)
The use of stucco, synthetic stucco, or vinyl as a principal
building exterior finish is strictly prohibited.
(5)
Merchandise, products, equipment or similar material and objects
may be displayed outside if located within relatively wide sidewalk
areas.
(6)
No merchandise, products, equipment or similar material and
objects shall be stored outside.
(j)
Lighting.
(1)
A lighting plan shall be submitted for review and approval indicating:
(i)
The location of the lighting fixtures;
(ii)
The direction of illumination;
(iii)
The lamp type, wattage, lumens and isofootcandle
detail for each fixture;
(iv)
Manufacturer-supplied specifications ("cut sheets")
that include photographs of the fixtures, indicating the certified
cut off characteristics of the fixture, type of fixtures, including
the cut off characteristics, indicating manufacturers and model number(s);
(v)
Mounting height (height of light source, not the
overall fixture height);
(vi)
Timing devices and other controls used to control
the hours of illumination, as well as the proposed hours when each
fixture will be operated;
(vii)
A point-by-point lighting plan shall be submitted,
indicating in maintained horizontal footcandles.
(2)
Predicted initial and maintained illumination for Area B;
(3)
Predicted illumination grid shall be extended out to the point
where levels are anticipated to be zero footcandles;
(4)
Individual areas to be illuminated shall be identified on an
overall plan and calculated separately include: parking areas, streets/thoroughfares,
pedestrian walkway/areas, open space/plaza, outdoor dining areas and
any other discrete areas.
(5)
For each individual area in paragraph (4) above, a summary of
the illumination characteristics shall be provided, including:
(6)
Open space/plaza lighting shall consist of decorative fixtures
with a maximum height of 14 feet.
(7)
All other fixtures shall not exceed a height of 20 feet.
(8)
Lighting fixtures shall be non-glare, full cut-off.
(9)
Bollard lighting, not more than four feet in height and appropriately
shield, may be provided along sidewalks and within open space areas.
(10)
Lighting may be attached to a building, provided
that such lighting is focused downward/full cut-off.
(11)
Illumination levels (horizontal footcandles):
(i)
Tract boundary: 0.1 footcandle maximum except for
intersections with streets/driveways.
(ii)
Vehicular intersections/entrances: 1.0 footcandle
minimum.
(iv)
Parking lot illumination levels of a minimum 0.2
footcandles, an average 1.0 footcandle, and a Max.- to-Min.: 20:1.
(v)
Pedestrian areas, including open space, illumination
levels of a minimum 0.2 footcandles, maximum: 5.0 footcandle, and
Max.-to-Min.: 20:1.
(12)
Extent/characteristics of illumination after business
hours. Except for any lighting for security purposes, all other lighting
shall be controlled by circuit timers so that the lights are automatically
turned off after business hours.
(13)
The finish of all newly installed traffic signals
within and abutting the PMUD shall be mounted on poles that are black
(versus unfinished silver). Traffic signals shall be equipped with
crossing signals and switches that pedestrians can activate.
(k)
Plantings. All portions of a lot not covered by buildings or
structures (e.g. parking lots, parking spaces, loading areas, access
aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.)
shall be planted with grass, shrubs, and trees and shall be maintained
in good condition. In any case, no less than 10% of the area of the
lot shall be so planted, and the planted area may include approved
detention and/or retention basins.
(l)
Buffers.
(1)
All perimeter buffer areas shall be reviewed by the approving
authority and constructed by the developer of the PMUD as part of
its approval, with any existing vegetation augmented with additional
landscaping as may be required by the Board at the time of the site
plan review, and with all the buffer areas placed into a conservation
deed restriction.
(3)
Route 206. Buffers along Route 206 shall include a pedestrian sidewalk or walkway and plantings. Signs may be permitted in the buffer in accordance with the sign requirements at Subsection 16-6.5k12(m) below. A maximum of a four-foot high fence may be permitted.
(4)
Between Area B and Area C. A minimum of a ten-foot buffer shall
be provided between Area B and Area C to visually screen parking areas.
The buffer may include stormwater management facilities and/or plantings.
A maximum of a four-foot high fence may be permitted.
(m)
Signs.
(1)
General Requirements.
(i)
All signage within Area B shall be compatible with
the architectural aesthetics of the shopping center.
(ii)
At the time of application for final site plan
approval, the applicant shall submit a comprehensive plan for the
signage throughout the shopping center.
(iii)
All signage with the shopping center shall be
specifically approved by the approving authority.
(iv)
No sign shall be a pylon or light box style of
light or otherwise designed with a soft edge appearance; instead,
the lettering on all signs shall be crisp, well-defined edges, and
plastic signs are discouraged.
(v)
Signs within Area B may be externally or internally
illuminated, except as otherwise required. Individual letters and
any logo may be back lit or, alternatively, the sign may be externally
lit from below or above the sign, with the light focused directly
onto the sign and with appropriate shielding to prevent any sight
of the light source from any street or neighboring property.
(vi)
All sign lighting shall utilize long life, energy
savings bulbs, and where feasible, LED lighting.
(vii)
Timers shall be provided on all sign lighting
to turn the lighting off by the close of the business uses advertised
or identified on the sign or by 11:00 p.m., whichever is later, unless
otherwise permitted by the approving authority.
(viii)
All attachments, labels, fasteners, mounting
brackets, wiring, clips, transformers, disconnects, lamps and other
mechanisms required to support the signage shall be concealed from
view and be weather resistant.
(2)
Monument Signs.
(ii)
Maximum sign area: 75 square feet.
(iii)
Maximum height: Eight feet.
(iv)
One monument sign duplicating the existing tall
VSIII monument sign will be permitted on the southern end of the Area
B development for the retail tenants.
(vi)
Each sign shall be ground-mounted on a solid base
with no visible poles, columns or other upright supports.
(vii)
Any existing signs shall be brought into conformance
excluding the existing VSIII signs.
(3)
Directional Signs.
(i)
Maximum number: Four signs.
(ii)
Maximum sign area: 10 square feet.
(iii)
Maximum height: 4 1/2 feet.
(v)
Each sign may identify on each side of the sign
the names of up to six of the tenants within the shopping center.
The sign shall only display names (no logos).
(vi)
There shall be no more than one tenant name per
horizontal line or sign plate.
(vii)
The size of any letter on the tenant identification
signs shall not exceed five inches in height.
(viii)
Any existing signs shall be brought into conformance.
(4)
Attached Sign Requirements.
(i)
Tenants are permitted up to two illuminated attached
signs, provided and in accordance with the following requirements:
(ii)
The signs shall identify the name of the tenant
only, by name and/or logo.
(iv)
Maximum mounted height: 22 feet above grade.
(v)
Maximum sign area: 50 feet.
(vi)
Maximum sign height: Five feet.
(viii)
Maximum length: 80% of the width of the storefront
of the tenant.
(ix)
Minimum distance to the end of the storefront
or corner of a building: 24 inches.
(x)
The signs may be attached flat against the building
or may be located on an awning or canopy, or may be suspended from
a building wall or a roof overhang subject to the requirements below.
(6)
Storefront Sign Requirement. One non-illuminated sign to be
painted or otherwise attached to a window or to a glass portion of
the entrance door per tenant may be provided in accordance with the
following:
(ii)
Maximum letter height: Four inches.
(iii)
Maximum sign area: 10% of the window or door
to which it is attached.
(iv)
Credit card decals and store hours may be applied
to the inside of storefront windows provided the maximum letter height
is one inch.
(v)
Permitted storefront signs.
[a]
Dimensional wood, metal, glass or other material
with a permanent appearance, indirectly illuminated;
[b]
Reverse channel letters with halo illumination,
opaque letter-sides and faces and non-reflective background;
[c]
Incised signing cast into or carved out of an opaque
material, indirectly illuminated; and/or
[d]
Sculptural iconographic elements contextual to
the storefront design and indirectly illuminated.
(7)
Blade Sign Requirements. Blade or hanging signs shall be permitted
to be attached to facades providing the following:
(9)
Building Wall or Roof Overhang Sign Requirements.
(n)
Additional Site Design Requirements.
(1)
Sidewalks and crosswalks.
(i)
Sidewalks shall be provided within the development
as an interconnected network among commercial buildings, residential
buildings, parking areas and public areas.
(ii)
Sidewalks shall connect to external sidewalks,
pathways, and/or trails.
(iii)
Painted/street pedestrian crosswalks shall be
provided across all streets and between parking areas and building
entrances.
(2)
Traffic Design Features.
(i)
The proposed road network shall be proposed, reviewed
and designed in accordance with the applicable recommendations of
the Traffic Circulation Plan Element portion of the Township Master
Plan.
(ii)
The established speed limits on all newly proposed
roadways shall be compatible with anticipated pedestrian use.
(iii)
Traffic calming devices shall be provided in
appropriate locations as may be specifically approved by the approving
authority.
(iv)
In order to facilitate safe pedestrian crossings
between the uses north and south of the master plan roadways, pedestrian
traffic signals or other safety measures acceptable to the approving
authority and its Traffic Consultant shall be provided in the area
where sidewalks cross the master plan roadways in Area B and Area
C.
(3)
Other Design Features.
(i)
Sustainable construction techniques shall be utilized
to minimize the impact upon the environment, including energy efficient
building designs, recycled materials, water conservation devices,
permeable pavement, native plantings, low chemical usage to maintain
the landscaping, and similar measures which are sensitive to the environment.
(ii)
The stormwater management plan shall include stormwater
management facilities that are designed to enhance the aesthetic attributes
of the proposed development.
13.
Area C.
(a)
Permitted Principal Uses on the Land and in Buildings.
(1)
Retail sales of goods and services.
(2)
Banks, including drive-through facilities.
(3)
Offices and office buildings.
(4)
Medical offices.
(5)
Pharmacies, including drive-through facilities.
(6)
Restaurants.
(7)
Child care centers.
(8)
Shopping centers comprised of some or all of the preceding uses.
(9)
Residential apartment for rent located above the permitted nonresidential uses in accordance with the provisions in Subsection 16-6.5k13(d).
(10)
Conservation areas, recreation, open space, and
public purpose uses.
(b)
Accessory Uses Permitted.
(1)
Outdoor eating areas, for table service or self-service, associated
with a permitted restaurant are permitted, as long as a pedestrian
pathway having a minimum width of five feet is maintained within any
walkway or sidewalk adjacent to the outdoor eating area.
(2)
Temporary farm markets including the sale of seasonal/holiday
goods.
(3)
Transit-related shelters.
(4)
Off-street parking (see Subsection 16-6.5k13(f) herein below, and Subsection 16-5.8 for the design requirements for off-street parking and driveways).
(5)
Off-street loading (see Subsection 16-6.5k13(g) herein below).
(6)
Fences and walls (See Subsection 16-5.3 of this chapter for the design requirements for fences, walls, sight triangles and guiderails).
(7)
Signs (see Subsection 16-6.5k13(m) herein below and Subsection 16-5.13 for design requirements for signs).
(8)
Temporary construction trailers and one temporary sign not exceeding
32 square feet in area, either attached to the trailer or freestanding,
which advertises the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a construction permit and ending with
the issuance of a certificate of occupancy or one year, whichever
time period is less. The temporary construction trailer(s) and temporary
sign shall be located on the site where the construction is taking
place and shall be set back at least 30 feet from all lot lines and
from the right-of-way lines of all existing and proposed streets.
(9)
Small wind, solar or photovoltaic energy systems for the production of electric energy to serve the principal permitted use on the lot, provided the applicable requirements in Subsection 16-6.10 are met.
(10)
Conservation areas, recreation, open space, and
public purpose uses.
(11)
Stormwater management and utilities.
(c)
Permitted Conditional Uses.
(1)
Drive-Through Windows for Restaurants. Drive-through windows
for restaurants shall be permitted subject to the following conditions:
(i)
A drive-through window for a restaurant shall be
permitted only if the subject restaurant is part of a shopping center
or is otherwise associated with a shopping center with direct vehicular
access thereto;
(ii)
A drive-through window for a restaurant shall
be permitted only if the subject restaurant does not have direct driveway
vehicular access to a public street; and
(iii)
A drive-through window for a restaurant and associated
signage shall be provided landscaping to visually screen the window,
signage and driveway from adjacent properties.
(d)
Requirements for the Residential Apartments.
(1)
Residential rental apartments are required and shall be located above permitted nonresidential uses. Apartment dwelling units (see Subsection 16-6.3 for additional standards) may be located on the second and/or third floor levels of mixed use buildings, provided that there shall be no nonresidential uses on any upper floors containing residential development.
(2)
20% of the residential apartments shall be deed restricted as
affordable housing for very low-, low-, and moderate-income households
in accordance with COAH's regulations, N.J.A.C. 5:93-1 et seq., and
the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1
et seq., which govern the administration and affordability controls
of affordable units in New Jersey. With the exception that at least
13% of the units shall be affordable to very-low-income households,
37% of the units shall be affordable to low-income households, and
50% shall be affordable to moderate-income households. An odd number
shall be split in favor of the low-income unit.
(3)
A Developer's Agreement is required to establish low/moderate
apportionment, very low-income requirement per N.J.S.A. 52:27D-329.1,
bedroom distribution, unit size, etc.
(4)
In addition to addressing the requirements of COAH and UHAC
noted above, the affordable units shall be developed in accordance
with the following:
(i)
The affordable units cannot be age-restricted units;
(ii)
The bedroom distribution requirements pursuant
to N.J.A.C. 5:93-7.3 and N.J.A.C. 5:80-26.3(b).
(iii)
The unit distribution requirements pursuant to
N.J.A.C. 5:80-26.3.
(iv)
The very low-income distribution requirements
pursuant to the NJ Fair Housing Act, N.J.S.A. 52:27D-329.1.
(v)
The phasing requirements pursuant to the Developer's
Agreement approved by the Township Committee.
(vi)
The length of controls requirement and deed restrictions
pursuant to N.J.A.C. 5:80-26.11.
(vii)
The accessibility and adaptability requirements
pursuant to N.J.A.C. 5:97-3.14.
(e)
Area Regulations. The following regulations, area, bulk, setback
and intensity requirements for the principal dwelling and permitted
accessory structures applies for Area C:
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Area C Area, Yard, Height and Coverage Requirements
(Subsection 16-6.5k13(e))
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Requirements
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Tract
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Minimum Tract Size
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The entirety of Tract C1
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Minimum Shopping Center Area
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8 acres
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Maximum Non-residential FAR
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0.25
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Maximum Lot Coverage
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90%
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Maximum Building Coverage (Residential not included)
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30%
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Minimum Buffer from Route 206
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15 feet
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Minimum Buffer from Route 518
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15 feet
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Minimum Buffer from Tract A-2 - Residential
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5 feet
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Principal Building
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Maximum Height2
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Less than 250 feet from Route 206 or Route 518
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2 1/2 stories/35 feet
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250 feet or more from Route 206 or Route 518
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3 1/2 stories/50 feet
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Minimum Distance to Route 206
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35 feet
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Minimum Distance to Route 518
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30 feet
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Minimum Distance to Inner Loop Road
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10 feet
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Minimum Distance to Internal Parking Area
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10 feet
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Minimum Distance to Internal Driveway3
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Front of Building
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10 feet
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Side of Building
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5 feet
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Rear of Building
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5 feet
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Accessory Building/Above-ground Structures
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Maximum Height
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15 feet
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Minimum Distance to Public Street
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25 feet
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Minimum Distance to Internal Parking Area
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10 feet
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Minimum Distance to Internal Driveway
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10 feet
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Minimum Distance to Other Buildings
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10 feet
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Notes:
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|---|---|
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1
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Portion of Tract dedicated for public streets.
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|
2
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Except as further allowed in Subsection 16-6.2b of this chapter, entitled "General Exceptions and Modifications for Height Limits."
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3
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Excludes Drive-through Buildings.
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(f)
Parking Requirements.
(1)
Off-street parking shall be minimized to the greatest extent
possible in front of the building line adjacent to Route 206.
(3)
Each individual use shall provide parking spaces according to
the following minimum provisions. Where a permitted use of land includes
different specific activities with different specific parking requirements,
the total number of required parking spaces shall be obtained by computing
individually the parking requirements for each different activity
and adding the resulting numbers together:
(i)
Commercial, and retail sales and service uses shall
be provided parking spaces at the ratio of three parking spaces per
1,000 square feet of gross floor area or part thereof.
(ii)
Office uses shall be provided parking spaces at
the ratio of five spaces per 1,000 square feet of gross floor area
or part thereof.
(iii)
Restaurants shall be provided one parking space
for every three seats, but in all cases, a sufficient number of spaces
to prevent any parking along public rights-of-way or private driveways,
fire lanes and aisles.
(iv)
Each dwelling unit shall be provided a minimum
number of parking spaces according to the provisions of the Residential
Site Improvement Standards (RSIS), N.J.A.C. 5:21, or based upon historical
data provided subject to Township review.
(4)
Shared parking is essential for the successful implementation
of Area C particularly for mixed-use commercial and residential buildings.
Where necessary, in parking lots which are serving mixed-use commercial
and residential buildings, the approving authority may, in its discretion,
permit a limited amount of parking to be reserved either for residential
or specified commercial uses only; or may restrict the hours that
certain spaces are to be used for residential or commercial uses only.
In exercising its discretion to allow any limitations to be placed
on the use of any parking spaces, the approving authority shall do
so with the intent to limit such restrictive use in order to advance
the objective of encouraging shared parking.
(i)
A developer seeking to satisfy its parking requirement
using a shared parking approach shall prepare a parking report that
documents how an adequate supply of parking spaces will be provided
to satisfy projected parking demand. The report shall be prepared
using procedures presented in the most recent version of the report
Shared Parking, published by the Urban Land Institute. The report
shall be prepared using the most current methodology published by
the Urban Land Institute or the Institute of Transportation Engineers.
(ii)
The report may also adjust projected parking demand
based on an analysis of captured parking using procedures presented
in the most recent version of the Trip Generation Handbook published
by the Institute of Transportation Engineers.
(g)
Off-Street Loading Requirements.
(1)
Unless an alternate method of loading and unloading specifically is approved by the approving authority, the principal building shall be provided an off-street loading space at the side or rear of the building or within the building. In any case, loading and unloading must adhere to the Township's noise standards at Subsection 3-3.4.
(2)
There shall be at least one trash and garbage pick-up location
within convenient access to the building, including provisions for
the separation and collection of recyclable materials in accordance
with the recycling requirements of Somerset County and in accordance
with the following:
(i)
The trash and garbage pick-up location shall be
provided either within the building being served or in a pick-up location
outside the building;
(ii)
If located within the building, the doorway may
serve both the loading and trash/garbage functions, and if located
outside the building, it may be located adjacent to or within the
general loading area(s) provided the container in no way interferes
with or restricts loading and unloading functions; and
(3)
If located outside the building, the trash and garbage pick-up
location shall include a steel-like, totally enclosed trash and garbage
container located in a manner to be obscured from view from parking
areas, streets and adjacent residential uses or zoning districts by
a fence, wall, planting or combination of all three.
(h)
Design Standards.
(1)
Multiple Uses and Buildings.
(i)
Any principal building may contain more than one
principal use, and provided that each use occupies a minimum gross
floor area of 750 square feet.
(ii)
In order to promote a village atmosphere of smaller
buildings clustered in a pedestrian-oriented layout, multiple detached
principal buildings shall be permitted on a lot, provided and in accordance
with the following:
[a]
Area C shall be designed to include a central pedestrian
walkway having a minimum clear width of 16 feet (not including building
overhangs, seating, lighting or other site elements or trees along
the primary building frontage). This walkway shall be continuous,
connecting buildings along the entire length of the tract (parallel
to Route 206) and connecting to pedestrian walks/sidewalks that extend
along roadways and into adjacent neighborhoods.
[b]
Area C shall have an open space/plaza of at least
4,000 square feet adjacent to the central pedestrian walkway upon
which building(s) face and that accommodates complimentary events.
(2)
All buildings shall be separated by:
(i)
A minimum of 20 feet where the separation is occupied
by plantings and/or used for pedestrian movement only; or
(ii)
A minimum of 50 feet where the separation distance
is used to any extent for parking and/or vehicular circulation; and
(iii)
In any case, the building separation requirements
noted herein above shall not be construed to prohibit a covered pedestrian
walkway between the buildings, whether the walkway is covered by a
roof overhang or by some other roof covering.
(3)
The total floor area ratio (FAR) of all nonresidential uses does not exceed the maximum requirements specified in Subsection 16-6.5k13(e).
(4)
Access from the public street(s) to the buildings shall not
be provided by individual driveways to each building, but by common
drive(s) so as to reduce the number of access points along the street(s).
(5)
A single controlling entity, such as a commercial owner's association
or a single owner of the entire development, shall provide for the
maintenance of the plantings, multiple-tenant signs, detention basins,
lighting and other common elements or shared structures and facilities.
(6)
Blanket cross-easements in a form satisfactory to the Township
Attorney shall be provided throughout the development for irrevocable
cross-access for parking, utilities, maintenance and drainage.
(7)
Street furniture as may be approved by the approving authority,
including benches, statuary, fountains, trash receptacles, bicycle
racks, bell and/or clock towers, and kiosks, all in accordance with
the following criteria:
(i)
Furniture is located within relatively wide sidewalk
areas and also open spaces.
(ii)
All furniture shall be constructed of durable
materials and finishes for purposes of safety, durability, appearance
and minimum maintenance.
(iii)
Furniture is visually compatible with the design
of the predominant architectural theme of the area.
(iv)
Furniture within sidewalk areas (i.e. benches,
trash receptacles, etc.) shall be attached in place. Furniture within
outdoor eating areas, plazas and open space may be movable/portable,
provided that is secured during non-business hours. All furniture
shall be maintained by the managing entity of the complex.
(v)
Bicycle facilities shall be integrated into the
overall landscape design.
(i)
Architectural Design.
(1)
The architectural design shall be substantially similar to the
illustrative architectural exhibits, entitled. The Village Walk at
Montgomery, included in Appendix B of the Periodic Reexamination of
the Master Plan and Development Regulations and Land Use Plan Element,
dated August 2017.[8]
[8]
Editor's Note: Appendix B may be found in the Township offices.
(2)
The front, sides and rear of the buildings shall be similarly
designed and finished with the same materials and similar architecture.
The building exterior shall have vertical and/or horizontal offsets
to create visual breaks along each facade. Long, monotonous, uninterrupted
walls are not permitted.
(3)
The architecture shall be designed to be harmonious among buildings,
but not identical.
(4)
The use of stucco, synthetic stucco, or vinyl as a principal
building exterior finish is strictly prohibited.
(5)
Merchandise, products, equipment or similar material and objects
may be displayed outside if located within relatively wide sidewalk
areas.
(6)
No merchandise, products, equipment or similar material and
objects shall be stored outside.
(j)
Lighting.
(1)
A lighting plan shall be submitted for review and approval indicating:
(i)
The location of the lighting fixtures;
(ii)
The direction of illumination;
(iii)
The lamp type, wattage, lumens and isofootcandle
detail for each fixture.
(iv)
Manufacturer-supplied specifications (cut sheets)
that include photographs of the fixtures, indicating the certified
cut off characteristics of the fixture, type of fixtures, including
the cut off characteristics, indicating manufacturers and model number(s);
(v)
Mounting height (height of light source, not the
overall fixture height);
(vi)
Timing devices and other controls used to control
the hours of illumination, as well as the proposed hours when each
fixture will be operated;
(vii)
A point-by-point lighting plan shall be submitted,
indicating in maintained horizontal footcandles.
(2)
Predicted initial and maintained illumination for Area C;
(3)
Predicted illumination grid shall be extended out to the point
where levels are anticipated to be zero footcandles;
(4)
Individual areas to be illuminated shall be identified on an
overall plan and calculated separately include: parking areas, streets/thoroughfares,
pedestrian walkway/areas, open space/plaza, outdoor dining areas and
any other discrete areas.
(5)
For each individual area in paragraph (4) above, a summary of
the illumination characteristics shall be provided, including:
(6)
Open space/plaza lighting shall consist of decorative fixtures
with a maximum height of 14 feet.
(7)
All other fixtures shall not exceed a height of 20 feet.
(8)
Lighting fixtures shall be non-glare, full cut-off.
(9)
Bollard lighting, not more than four feet in height and appropriately
shield, may be provided along sidewalks and within open space areas.
(10)
Lighting may be attached to a building, provided
that such lighting is focused downward/full cut-off.
(11)
Illumination levels (horizontal footcandles):
(i)
Tract boundary: 0.1 footcandle maximum except for
intersections with streets/driveways.
(ii)
Vehicular intersections/entrances: 1.0 footcandle
minimum.
(iv)
Parking lot illumination levels of a minimum 0.2
footcandles, an average 1.0 footcandle, and a Max.-to-Min.: 20:1.
(v)
Pedestrian areas, including open space, illumination
levels of a minimum 0.2 footcandles, maximum: 5.0 footcandle, and
Max.-to-Min.: 20:1.
(12)
Extent/characteristics of illumination after business
hours. Except for any lighting for security purposes, all other lighting
shall be controlled by circuit timers so that the lights are automatically
turned off after business hours.
(13)
The finish of all newly installed traffic signals
within and abutting the PMUD shall be mounted on poles that are black
(versus unfinished silver). Traffic signals shall be equipped with
crossing signals and switches that pedestrians can activate.
(k)
Plantings. All portions of a lot not covered by buildings or
structures (e.g. parking lots, parking spaces, loading areas, access
aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.)
shall be planted with grass, shrubs, and trees and shall be maintained
in good condition. In any case, no less than 10% of the area of the
lot shall be so planted, and the planted area may include approved
detention and/or retention basins.
(l)
Buffers.
(1)
All perimeter buffer areas shall be reviewed by the approving
authority and constructed by the developer of the PMUD as part of
its approval, with any existing vegetation augmented with additional
landscaping as may be required by the Board at the time of the site
plan review, and with all the buffer areas placed into a conservation
deed restriction.
(3)
Route 206. Buffers along Route 206 shall include a pedestrian sidewalk or walkway and plantings. Signs may be permitted in the buffer in accordance with the sign requirements at Subsection 16-6.5k13(m) below. A maximum of a four-foot high fence may be permitted.
(4)
Route 518. Buffers along Route 206 shall include a pedestrian sidewalk or walkway and plantings. Signs may be permitted in the buffer in accordance with the sign requirements at Subsection 16-6.5k13(m) below. A maximum of a four-foot high fence may be permitted.
(5)
Between Area B and Area C. A minimum of a ten-foot buffer shall
be provided between Area B and Area C to visually screen parking areas.
The buffer may include stormwater management facilities and/or plantings.
A maximum of a four-foot high fence may be permitted.
(m)
Signs.
(1)
General Requirements.
(i)
All signage within Area C shall be compatible with
the architectural aesthetics of the buildings.
(ii)
At the time of application for final site plan
approval, the applicant shall submit a comprehensive plan for the
signage throughout Area C.
(iii)
All signage with the shopping center shall be
specifically approved by the approving authority.
(iv)
No sign shall be a pylon or light box style of
light or otherwise designed with a soft edge appearance; instead,
the lettering on all signs shall be crisp, well-defined edges, and
plastic signs are discouraged.
(v)
Signs within Area C may be externally or internally
illuminated, except as otherwise required. Individual letters and
any logo may be back lit or, alternatively, the sign may be externally
lit from below or above the sign, with the light focused directly
onto the sign and with appropriate shielding to prevent any sight
of the light source from any street or neighboring property.
(vi)
All sign lighting shall utilize long life, energy
savings bulbs, and where feasible, LED lighting.
(vii)
Timers shall be provided on all sign lighting
to turn the lighting off by the close of the business uses advertised
or identified on the sign or by 11:00 p.m., whichever is later, unless
otherwise permitted by the approving authority.
(viii)
All attachments, labels, fasteners, mounting
brackets, wiring, clips, transformers, disconnects, lamps and other
mechanisms required to support the signage shall be concealed from
view and be weather resistant.
(2)
(3)
Directional Signs.
(i)
Maximum number: Four signs.
(ii)
Maximum sign area: 10 square feet.
(iii)
Maximum height: 4 1/2 feet.
(v)
Each sign may identify on each side of the sign
the names of up to six of the tenants within the shopping center.
The sign shall only display names (no logos).
(vi)
There shall be no more than one tenant name per
horizontal line or sign plate.
(vii)
The size of any letter on the tenant identification
signs shall not exceed five inches in height.
(viii)
Any existing signs shall be brought into conformance.
(4)
Attached Sign Requirements.
(i)
Tenants are permitted up to two illuminated attached
signs, provided and in accordance with the following requirements:
(ii)
The signs shall identify the name of the tenant
only, by name and/or logo.
(iv)
Maximum mounted height: 22 feet above grade.
(v)
Maximum sign area: 50 feet.
(vi)
Maximum sign height: Five feet.
(viii)
Maximum length: 80% of the width of the storefront
of the tenant.
(ix)
Minimum distance to the end of the storefront
or corner of a building: 24 inches.
(x)
The signs may be attached flat against the building
or may be located on an awning or canopy, or may be suspended from
a building wall or a roof overhang subject to the requirements below.
(6)
Storefront Sign Requirement. One non-illuminated sign to be
painted or otherwise attached to a window or to a glass portion of
the entrance door per tenant may be provided in accordance with the
following:
(ii)
Maximum letter height: Four inches.
(iii)
Maximum sign area: 10% of the window or door
to which it is attached.
(iv)
Credit card decals and store hours may be applied
to the inside of storefront windows provided the maximum letter height
is one inch.
(v)
Permitted storefront signs.
[a]
Dimensional wood, metal, glass or other material
with a permanent appearance, indirectly illuminated;
[b]
Reverse channel letters with halo illumination,
opaque letter-sides and faces and non-reflective background;
[c]
Incised signing cast into or carved out of an opaque
material, indirectly illuminated; and/or
[d]
Sculptural iconographic elements contextual to
the storefront design and indirectly illuminated.
(7)
Blade Sign Requirements. Blade or hanging signs shall be permitted
to be attached to facades providing the following:
(9)
Building wall or roof overhang sign requirements.
(n)
Additional Site Design Requirements.
(1)
Sidewalks and crosswalks.
(i)
Sidewalks shall be provided within the development
as an interconnected network among commercial buildings, residential
buildings, parking areas and public areas.
(ii)
Sidewalks shall connect to external sidewalks,
pathways, and/or trails.
(iii)
Painted/street pedestrian cross-walks shall be
provided across all streets and between parking areas and building
entrances.
(2)
Traffic design features.
(i)
The proposed road network shall be proposed, reviewed
and designed in accordance with the applicable recommendations of
the Traffic Circulation Plan Element portion of the Township Master
Plan.
(ii)
The established speed limits on all newly proposed
roadways shall be compatible with anticipated pedestrian use.
(iii)
Traffic calming devices shall be provided in
appropriate locations as may be specifically approved by the approving
authority.
(iv)
In order to facilitate safe pedestrian crossings
between the uses north and south of the master plan roadways, pedestrian
traffic signals or other safety measures acceptable to the approving
authority and its Traffic Consultant shall be provided in the area
where sidewalks cross the master plan roadways in Area B and Area
C.
(3)
Other design features.
(i)
Sustainable construction techniques shall be utilized
to minimize the impact upon the environment, including energy efficient
building designs, recycled materials, water conservation devices,
permeable pavement, native plantings, low chemical usage to maintain
the landscaping, and similar measures which are sensitive to the environment.
(ii)
The stormwater management plan shall include stormwater
management facilities that are designed to enhance the aesthetic attributes
of the proposed development.
[Ord. #90-663, S 6; Ord. #93-790, S 6]
a.
Establishment of the Airport Hazard Area. There is established in
the Township of Montgomery an Airport Hazard Area, as delineated on
the Township Zoning Map pursuant to N.J.A.C. 16:62 adopted March 20,
1985 by the New Jersey State Department of Transportation, and amended
in order to implement the Air Safety and Hazardous Zoning Act of 1983.
b.
AIRPORT
AIRPORT HAZARD
AIRPORT HAZARD AREA
BUILDING RESTRICTION LINE
CLEAR ZONES
EFFECTIVE RUNWAY LENGTH
FIXED OR MOVABLE OBSTRUCTION
RUNWAY AND SUBZONE
RUNWAY LENGTH AND WIDTH
RUNWAY SAFETY AREA
RUNWAY SUBZONE
TAXIWAY
THRESHOLD
VFR RUNWAY, 5,000 FOOT APPROACH SURFACE (MINIMUM STANDARD)
Definitions.
Shall mean any area of land or water, or both, designated
and set aside for the landing and taking-off of fixed wing aircraft,
utilized or to be utilized by the general public for such purposes,
publicly or privately owned, and licensed by the Commissioner of the
Department of Transportation as a public use airport or landing strip.
Shall mean any use of land or water, or both, which may create
a dangerous condition for person or property in or about an airport
or aircraft during landing or taking-off at an airport; or, any structure
or tree which obstructs the airspace required for the flight of aircraft
in landing or taking-off at an airport.
An Airport Hazard Area shall be established for each runway
at an airport and shall consist of a Runway Subzone, two Runway End
Subzones and two Clear Zones. Overall Airport Hazard Area for an airport
is geometrically constructed by defining and locating the Runway Subzone
and Runway End Subzones for each runway open to the public on an airport
open to the public. The outermost borders of the subzones comprise
the outermost boundary of the Airport Hazard Area. The area within
those outermost boundaries is that area regulated by the provisions
of this chapter and is the Airport Hazard Area for an airport.
Shall mean a line that is a specified distance from the center
line of a runway; between this line and the runway, there may be no
buildings, structures, trees or other such permanent or semipermanent
obstructions.
The Clear Zones of an Airport Hazard Area shall consist of
trapezoids located within the Runway End Subzone along the flight
approach and departure path. Each Clear Zone shall extend 1,000 feet
from the end of the Runway Subzone, as measured along the extended
center line of the Runway. The base of the Clear Zone shall be co-located
with the end of the Runway Subzone, and shall have a width of 250
feet. The width of the Clear Zone shall increase as the distance from
the end of the Runway Safety Zone increases. Its final width shall
be 450 feet.
Shall mean that distance measured along a runway center line,
from a point on the runway surface where there is a specified slope
intersection from obstacles within a specified approach zone to the
runway in the direction of travel during the landing. In regard to
initial licensing criteria, the effective runway length is affected
and reduced by runway gradient to the extent of 20% for each 1% of
longitudinal gradient in excess of 2% longitudinal gradient.
When used in context of obstacle free zone, shall mean any
use of land or water, including lateral taxiway to runway center line
clearance, and any man-made or natural structure or body that is fixed
or movable, that is higher than one meter. Objects such as visual
approach slope indicators, wind indicators, and the like, are exempted
from being such fixed or movable obstructions when they are mounted
on frangible posts. Crops also may be exempted upon application and
review.
Shall consist of trapezoids located at either end of the
Runway Subzone along the flight approach and departure path. Each
Runway End Subzone shall extend 3,000 feet from the end of the Runway
Subzone, as measured along the extended center line of the runway.
The base of the Runway End Subzone shall be defined by the end of
the Runway Subzone, and shall have a width of 2,350 feet. The width
of the Runway End Subzone shall narrow as the distance from the end
of the Runway Subzone increases. Its final width shall be 850 feet.
Shall mean the dimensioned area usable for the landing or
takeoff of aircraft. It may be paved, unpaved, or water. Along their
length, runways are required to have a minimum sighting distance between
points 1.5m (five feet) high for all distances separated by 350m (1,148
feet).
Shall mean an area in which a runway is symmetrically located
and is graded to be smooth and level. These areas are to be maintained
in such a condition that aircraft operating thereon may do so safely
and with no damage.
Shall consist of a rectangle having the same center line
and length as the runway, unless a shorter length is necessitated
by limited property ownership at the airport. The width of the Runway
Subzone shall be 2,350 feet and the length of the Runway Subzone shall
be the same as the physical length of the runway.
Shall mean a pathway for movement of an aircraft on the surface,
usually connecting the landing and takeoff area or runways with support
facilities.
Shall mean a line, at right angles to the runway center line
and extending for the full width of the runway, established for the
purpose of identifying the beginning of the runway area that is designated
for the landing of airplanes.
Shall mean a runway approach/departure path that is 1,524
meters (5,000 feet) in length, 76 meters (250 feet) in width at the
inner surface, and expands uniformly to 381 meters (1,250 feet) in
width at the outer surface. It has a 20/1 upward slope from the ground
from its inner surface and is free of penetrating obstacles. From
its inner surface to 305 meters (1,000) feet outward, the VFR approach
surface and clear zone define the same area and are always so co-located
(see definition of "clear zone" herein).
c.
Permitted Uses in the Airport Hazard Area. All uses listed hereinbelow
are permitted only if also permitted in the underlying zone districts
and only if in accordance with the applicable requirements of this
chapter:
1.
Residential single-family detached dwelling units which are situated
on a lot at least three acres in size and not located in a Clear Zone.
2.
Open space.
3.
Farming.
4.
Transportation.
5.
Airports as defined and regulated in this chapter.
6.
Commercial (not located in a Clear Zone).
7.
Industrial (not located in a Clear Zone).
d.
Prohibited Uses in the Airport Hazard Area.
1.
Residential dwelling units of any kind, except that single-family
detached dwelling units situated on a lot at least three acres in
size and not located in a Clear Zone shall be permitted.
2.
Any portion of a Planned Unit Development utilized for residential
use.
3.
Hospitals.
4.
Schools.
5.
Above ground bulk tank storage of compressed flammable or compressed
toxic gases and liquids.
6.
Within the Runway End Subzones only, the above ground bulk tank storage
of flammable or toxic gases and liquids.
7.
Uses that may attract massing birds, including landfills.
8.
Above grade major utility transmission lines and/or mains.
9.
Activities that would attract crowds in excess of 500 persons, except
that a specific activity for a specific period of time and in accordance
with specific conditions may be permitted by the Township Committee
upon application to the Township Committee by the owners of the airport
at least 30 days prior to the date of the subject activity.
10.
Except as this requirement may be preempted by the jurisdiction,
regulations, actions, or activities of other governmental agencies,
and in order to insure maximum safety, no fueling operation shall
be conducted with engines on. In the event this requirement is preempted
by the jurisdiction, regulations, actions or activities of other governmental
agencies and therefore unenforceable by the Township, it shall nevertheless
remain a valid and viable expression of the Township's interests and
concerns as to its subject matter.
e.
Vertical Development Restrictions.
1.
The maximum height of any structure or planting within the Airport
Hazard Area shall not exceed the vertical development standards as
set forth herein.
2.
All elevations shall be in relation to the horizontal plane established
by runway elevations and not the natural grade of the land.
3.
The vertical standards within the Runway Subzone are determined by:
(a)
A line running 90° outward from each side of the runway
center line for a distance of 125 feet in which no development is
allowed above the natural grade of the land except for runway and
flight safety equipment; and
(b)
Planes running from the edges of the line established in paragraph
(a) above (longitudinal zero foot) for the length of the Runway Subzone
sloping upward and outward at a rate of seven feet horizontally to
one foot vertically to an elevation of 150 feet above its starting
point at the outer borders of the Runway Subzone.
4.
The vertical standards within the Runway End Subzone are determined
by:
(a)
A plane rising one foot upward to 20 feet outward from the end
of the Runway End Subzone with a width of 250 feet, bisected by the
extended runway center line, and extending a horizontal length of
3,000 feet to the outermost end of the Runway End Subzone where the
width of the plane is 850 feet at an elevation of 150 feet above its
starting point; and,
(b)
Planes sloping from the outermost longitudinal edges of the
plane established in paragraph (a) above, rising upward one foot in
seven feet from the above established plane to where they meet the
outermost longitudinal boundaries of the Runway End Subzone at an
elevation of 150 feet.
5.
Public and private roads shall be considered as a fifteen-foot and
ten-foot vertical development, respectively.
f.
Specific Conditions and Requirements. The Airport Hazard Area is
an area of specified dimensions as provided for within this subsection
and indicated on the Township Zoning Map. All permitted uses upon
lands within the Airport Hazard Area shall conform to the applicable
zoning requirements of the zoning district in which the lot is located
in addition to the provisions specified herein. Where the provisions
of the Airport Hazard Area are more restrictive than the requirements
of the underlying zone district, the Airport Hazard Area provisions
shall apply.
[Ord. #92-759, S 8; Ord. #01-1050, S 8]
a.
Purpose and Findings. The following provisions are intended to permit
the limited use of single-family residential properties in Montgomery
Township as the location for a business conducted in or from a single-family
detached dwelling unit and/or its permitted accessory buildings or
structures, which business is clearly subordinate and ancillary to
the principal single-family residential use of the property in accordance
with the requirements specified herein.
The requirements and other provisions contained in this subsection
are specifically intended to limit the extent of such home occupations
and the potential associated nuisances such as traffic, noise, fumes,
dust, glare and odors in order to ensure that the residential character
of the residential neighborhood within which the subject property
is located is preserved, and that no adverse impact to adjacent and/or
nearby residential properties occurs.
In the instance where an existing home occupation does not conform
to the requirements and other provisions specified herein, the Planning
Board, in evaluating a development application for the existing home
occupation, shall give due consideration as to whether the intent
and purpose of this subsection are advanced, even though the precise
dimensional or numerical requirements are not met. For example, in
the event existing structures violate a setback requirement, it may
be appropriate to consider increased buffering or screening. However,
no provision of this subsection is intended to afford the Planning
Board additional powers not sanctioned by the Municipal Land Use Law
(N.J.S.A. 40:55D-1, et seq.).
b.
Lot Area, Frontage and Location.
1.
Home occupations, including family day care homes and child care
residences, shall be a permitted accessory use to a single-family
detached dwelling in the VN, R, R-1, R-2, R-5 and MR Zoning Districts.
2.
The minimum lot size shall be as specified in the Traffic Circulation
Plan Element and this chapter for the construction of a single-family
detached dwelling in the subject zoning district.
3.
The minimum frontage of the lot shall be as specified in the Traffic
Circulation Plan Element and this chapter for the construction of
a single-family detached dwelling in the subject zoning district and
fronting upon the particular type of collector road.
c.
Owner and Employees.
1.
An owner of the home occupation shall be the owner and resident of
the subject property and the single-family detached dwelling situated
thereon.
2.
No more than one nonresident employee of the home occupation shall
come to the site on any given day for any purpose.
3.
Clients, patrons or customers shall be permitted on the property
in regards to the home occupation, provided that:
(a)
Such visitation shall occur during daylight hours only;
(b)
Such visitation shall not create the need to park more than
two vehicles at any time in addition to those ordinarily used by the
residents of the single-family detached dwelling unit; and
(c)
Such visitation shall not create the need to park anything other
than passenger automobiles, and such passenger automobiles shall be
able to be parked off-street on the subject property.
None of the above shall be interpreted to prohibit any person
from coming onto the property who might otherwise come to the property
on similar occasions and for similar reasons in association with the
single-family detached dwelling unit.
d.
Use and Type of Buildings.
1.
The home occupation may utilize a portion of the principal single-family
detached dwelling unit and/or one or more secondary buildings or structures
which are accessory to the principal single-family detached dwelling
unit, provided that all of the following three provisions are met:
(a)
No more than 25% of the net habitable floor area of the single-family
detached dwelling or 1,000 square feet, whichever is less, may be
utilized for the home occupation;
(b)
Within the single-family detached dwelling and any accessory
building or structure on the property, no more than an aggregate 1,000
square feet of gross floor area may be utilized for the home occupation;
and
(c)
The aggregate gross square footage of all portions of all accessory
buildings and structures utilized for the home occupation shall not
exceed 50% of the gross floor area of the principal single-family
detached dwelling.
2.
Any proposed accessory building or structure to be newly constructed
for the use of a home occupation shall not exceed 1,000 square feet
of lot coverage nor exceed 25 feet in height, and no garage door opening
shall exceed 12 feet in height. Moreover, any such newly constructed
accessory building or structure shall be of a residential character
and shall have a gable, hip, gambrel or mansard roof (or other dual
pitched, single ridge roof); no flat or lean-to roof shall be permitted.
e.
Lot Coverage, Setbacks and Buffers.
1.
The maximum lot coverage of the property otherwise permitted for
single-family detached dwellings in the subject zoning district shall
not be exceeded (i.e., 25% for the R District; 20% for the VN District;
15% for the R-1, R-2 and R-5 Districts; and 10% for the MR District).
2.
All setback requirements specified for single-family detached dwellings
and their accessory buildings and structures in the subject zoning
district shall apply.
3.
Any parking area associated with the home occupation, including the
parking area for the aforementioned one nonresident employee and any
clients, patrons or customers, shall be appropriately screened from
the view of adjacent residential properties and the traveling public
along any abutting street. Additionally, any accessory building or
structure utilized for the home occupation also may be required to
be similarly screened, dependent upon the location and appearance
of the particular accessory building or structure.
f.
Equipment and Trucks.
1.
No equipment shall be used which will cause interference with radio
or television reception in neighboring residences.
2.
No merchandise, products, waste, equipment or similar material or
objects shall be displayed, stored or otherwise located outdoors,
except that the presence of children or customary residential recreational
facilities shall be permitted in conjunction with a family day care
home or child care residence and except where otherwise permitted
by this chapter.
3.
Vehicles and equipment associated with the home occupation permitted
on the property shall be limited to:
(a)
The noncommercially registered passenger vehicles owned and
used by the residents of the single-family detached dwelling unit;
(b)
The noncommercially registered passenger vehicles used by the
permitted one nonresident employee who comes to the site; and
(c)
Commercially licensed vehicles (e.g., cars, trucks, and other
types of self-propelled road licensed motorized equipment) and/or
other pieces of equipment (nonself-propelled, or self-propelled and
not road licensed, but excluding push lawnmowers and other hand held
pieces of equipment) shall be permitted as conditional uses under
N.J.S.A. 40:55D-67 subject to the following conditions:
(1)
No more than an aggregate total of two such commercially licensed
vehicles and/or pieces of equipment shall be permitted;
(2)
No commercially licensed vehicle shall exceed a rated capacity
of one ton on six wheels with two axles;
(3)
No piece of equipment shall exceed a gross vehicle weight of
four tons; and
(4)
All pieces of equipment and all commercially licensed vehicles
shall be garaged on-site when not in use.
Any variance from these conditions must be granted by the Township Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-70d.(3). However, a vehicle/equipment permit allowing specified deviation(s) from the provisions of this subsection regarding the number, size and/or garaging of commercially licensed vehicles and/or pieces of equipment may be granted by the Planning Board simultaneously with the granting of minor site plan approval, provided that the vehicle/equipment permit shall be subject to reinstatement, modification or withdrawal at the time of the annual renewal permit and inspection process as indicated in Subsection 16-6.7k of this chapter hereinbelow.
g.
On-Site Chemical Storage and Disposal.
1.
Hazardous chemicals, pesticides and petrochemicals must be stored
in noncorrosive containers secured from animals and children.
2.
The cleaning of containers (e.g., drums, tanks and motor vehicles)
which were used to store or transport hazardous chemicals, pesticides
or petrochemicals is prohibited on the residential property.
3.
Any spill of hazardous chemicals, pesticides or petrochemicals must
immediately be reported to the Township Board of Health and the New
Jersey Department of Environmental Protection and Energy and removed
in accordance with State laws.
4.
Any home occupation utilizing hazardous chemicals, pesticides, petrochemicals
or flammable materials must supply the Township reviewing agency or
officer with a list of such chemicals, their storage location, and
the method of their disposal at the time of plan review. The storage
and disposal of such substances shall be in accordance with all applicable
governmental laws and regulations.
h.
Additional Requirements.
1.
The residential character of the lot and building(s) shall be maintained
at all times and all structures shall be maintained in good repair.
2.
A home occupation shall operate only between the hours of 7:00 a.m.
and 7:00 p.m. on Mondays through Fridays and on Saturdays between
the hours of 8:00 a.m. and 4:00 p.m.; the home occupation shall not
operate on Sunday except for emergency purposes.
3.
No sign other than an unlighted nameplate no more than two square
feet in area attached to a postal box in a usual manner shall be permitted.
4.
No exterior lighting shall be permitted specific to the home occupation.
i.
Township Review Requirements. The necessity and type of Township
review of an application for a home occupation is dependent upon the
specifics of the employees associated with the home occupation, the
specific use of the single-family detached dwelling and/or its accessory
buildings or structures for the home occupation, the specific activities
associated with the home occupation, and the clients, patrons, or
customers which are expected on the property as a result of the home
occupation:
1.
No site plan approval or zoning permit shall be required for any
home occupation if all of the following conditions apply:
(a)
If no person other than one member of the household residing
on the premises is engaged in the home occupation;
(b)
If no area within the single-family detached dwelling and/or
its accessory buildings or structures is dedicated solely for the
conduct of the home occupation;
(c)
If no goods, materials, equipment, supplies or other items of
any kind are delivered to or from the subject property in connection
with the home occupation except in the permitted vehicle(s) owned
by the resident employee;
(d)
If no clients, patrons or customers come onto the property in
regards to the home occupation; and
(e)
If all other provisions regarding home occupations in this subsection
are met, with no variance from the provisions of this subsection or
vehicle/equipment permit required.
2.
A zoning permit shall be required for any home occupation if all
of the following conditions apply:
(a)
If no person other than up to two members of the household residing
on the premises are engaged in the home occupation;
(b)
If no more than 200 square feet of net habitable floor area
within the single-family detached dwelling, and no area within its
accessory buildings or structures, is dedicated solely for the conduct
of the home occupation;
(c)
If no goods, materials, equipment, supplies or other items of
any kind are delivered to or from the subject property in connection
with the home occupation except in the permitted vehicle(s) owned
by the resident employee or in a service or delivery vehicle not having
more than four wheels and two axles; and
(d)
If all other provisions regarding home occupations in this subsection
are met, with no variance from the provisions of this subsection or
vehicle/equipment permit required.
3.
Minor site plan approval from the Planning Board shall be required
for all other applications for a home occupation in accordance with
the following and all applicable provisions of the Municipal Land
Use Law (N.J.S.A. 40:55D-1, et seq.):
(a)
Public notice for any hearing of the minor site plan by the Planning Board shall be required in accordance with Subsection 16-7.6d of this chapter;
(b)
An applicant for a home occupation requiring minor site plan
approval shall appear before either the designated Site Plan Committee
or a Committee specially designated by the Planning Board to review
applications for home occupations;
(c)
The Community Development Office shall complete the initial
review of the submitted application and provide comments and recommendations
to the Committee;
(d)
Where the application involves variances or raises traffic,
planning, landscaping, or environmental concerns, the Director of
Community Development may request other consultants of the Planning
Board to review the submitted application and provide comments and
recommendations thereon to the Committee;
(e)
Upon completion of its review of the submitted application,
the Committee shall offer its recommendations to the Planning Board;
(f)
The Planning Board shall approve the application, with specific
conditions and limitations if appropriate, or shall deny the application;
and
(g)
Any change to the home occupation that results in any change
to the site design and physical appearance of the subject property
from that which was last approved by the Planning Board shall require
new site plan approval from the Planning Board.
j.
Information Required for Home Occupations Requiring Minor Site Plan
Approval.
1.
Application form: (15 copies).
2.
Plans: (15 copies) which need not be prepared by a Licensed Professional
Land Surveyor (N.J.P.L.S.) or Licensed Professional Engineer (N.J.P.L.E.),
provided that the information required by this chapter for home occupations
is clearly shown, is drafted upon a previously prepared survey of
the subject property, and is reproducible for record keeping purposes.
3.
Township Zoning Map on which the subject property has been identified.
4.
Acreage figures, north arrow, and approval signature lines.
5.
Existing block and lot number(s) of the subject lot(s) as they appear
on the Township Tax Map.
6.
Photographs (two sets) from perimeter of property into subject site,
with a sketch indicating from where the photographs were taken.
7.
Photographs (two sets) from perimeter of property into adjacent sites,
with a sketch indicating from where the photographs were taken.
8.
The location of existing and proposed structures, parking areas and
driveways on the site.
9.
The zoning district(s) within which the property is located, including
a listing of the requirements for single-family detached dwelling
units.
10.
Existing vegetation on-site and proposed landscaped areas.
11.
Floor plans of existing and proposed buildings and structures on-site,
with a clear delineation and square footage calculation of the portion
of each to be used for the home occupation.
12.
The net habitable floor area of the principal single-family detached
dwelling and the gross floor area of each accessory building and structure
on-site.
13.
Existing and proposed building and lot coverage of the property.
14.
Proposed hours of operation.
15.
Existing and proposed lighting on the property.
16.
Existing and proposed signage on the property.
17.
Number of employees engaged in the home occupation on the subject
property, indicating on-site resident employees and nonresident employees.
18.
An identification and description of all vehicles and pieces of equipment
(e.g. type and size) on the property at any time used for the home
occupation, with an identification of which vehicles will be garaged
on-site and where such vehicles will be garaged.
19.
A brief narrative description of the home occupation, indicating
any delivery or pick-up services, equipment or merchandise used, nature
of activity, products and/or clientele, the nature of sounds emitted
from site, and a description of any equipment that may cause interference
with radio or television reception.
20.
The names of all adjacent property owners as they appear on the most
recent tax list prepared by the Township Tax Assessor.
21.
Administrative and escrow fees for minor site plans paid in accordance with Subsection 16-9.1 of this chapter.
22.
Certificate from the Township Tax Collector that all taxes and assessments
are paid to date.
23.
Affidavit of property ownership.
24.
Name, address and telephone number of homeowner.
25.
Name, title, address and license number of any professional who prepared
the plan.
k.
Annual Home Occupation Site Plan Certification. In order for a home
occupation which required minor site plan approval to be considered
conforming to the approved site plan, a home occupation site plan
certification shall be required each year in accordance with the following:
1.
Between January 1st and March 31st of each year following the year
in which site plan approval has granted, the owner/resident of the
home occupation shall file a written request for a home occupation
site plan certification from the Director of Community Development,
except that a home occupation site plan certification shall not be
required within six months of site plan approval;
2.
A $50 fee shall be charged by the Township for the processing of
the home occupation site plan certification request;
3.
Within 30 days after the request is filed, it shall be the duty of
the Community Development Director or his designated representative
to conduct an announced inspection of the subject property with the
owner/resident for the purpose of confirming that the uses, structures
and operations associated with the home occupation conform to the
site plan last approved by the Planning Board;
4.
Prior to the inspection, the Community Development Director shall
consult the Township Zoning Officer to ascertain whether any written
and signed objection regarding the home occupation was received by
the Township from a property owner within 400 feet of the subject
site since the last issuance of a home occupation site plan certification
or the date of minor site plan approval, whichever date is more recent;
5.
If the Director of Community Development finds that the uses, structures
and operations associated with the home occupation conform to the
site plan last approved by the Planning Board and no written and signed
objection regarding a vehicle/equipment permit has been received by
the Township from a property owner within 400 feet of the subject
site, a home occupation site plan certification shall be issued within
10 days after the site inspection;
6.
If the Director of Community Development finds that the uses, structures
and/or operations associated with the home occupation do not conform
to the site plan last approved by the Planning Board, notice in writing
of any nonconformity shall be sent to the owner/resident within 10
days after the site inspection:
(a)
Said notice also shall specify a reasonable time period, depending
upon the nature of the nonconformities, within which the owner/resident
must bring the home occupation into conformity with the last approved
site plan.
(b)
The resident/owner shall eliminate the nonconformities within
the time period specified by the Director of Community Development
and, and at the conclusion of said time period, the Director of Community
Development shall reinspect the site and shall issue a home occupation
site plan certification if the nonconformities have been eliminated.
(c)
If the nonconformities are not eliminated within the specified
time period or if repeated nonconformities to the approved site plan
occur, the Director of Community Development may take whatever action
is necessary to correct the violation including, but not limited to,
the filing of complaints in Municipal Court or the initiation of an
injunctive action to compel elimination of the nonconformities.
7.
If the Director of Community Development finds that the uses, structures
and/or operations associated with the home occupation are in conformity
with the site plan last approved by the Planning Board, but a written
and signed objection regarding a vehicle/equipment permit previously
granted by the Planning Board has been received by the Township from
a property owner within 400 feet of the subject site, the following
procedure shall be followed:
(a)
The objection(s) shall be brought to the attention of the owner/resident
by the Community Development Director or his designated representative
during the inspection of the subject property; and
(b)
The owner/resident shall be required to appear before the Planning
Board at the next scheduled meeting which has time available, and
the Planning Board shall decide either to renew the vehicle/equipment
permit, not renew the vehicle/equipment permit, or require the owner/resident
to modify the site plan as appropriate.
In deciding whether to renew the vehicle/equipment permit, the Planning Board shall consider the potential nuisances associated with the deviation(s) included within the vehicle/equipment permit from the requirements of Subsection 16-6.7f3(c) hereinabove governing commercially licensed vehicles and pieces of equipment. The potential nuisances to be considered by the Planning Board are to include, but not be limited to, traffic, noise, fumes, dust, glare and odors.
8.
In addition to the authorities and responsibilities of the Director
of Community Development noted hereinabove, whenever a written and
signed objection regarding a home occupation has been received by
the Township from a property owner within 400 feet of the subject
site, and the objection pertains to the conduct of the home occupation
rather than to an alleged nonconformity with the approved site plan
or to a vehicle/equipment permit, it shall be the duty of the Director
of Community Development to attempt to have the owner/resident take
whatever reasonable action is necessary to eliminate or lessen the
reason for the objection.
[Ord. #95-845, S 3]
a.
Purposes and Findings. The following provisions are intended to permit
and regulate the limited and/or temporary use of certain structures
on lands which have received final major subdivision and/or site plan
approval as provided hereinbelow.
b.
Early Starts. Early starts shall be permitted in finally approved
residential developments, provided that the following requirements
shall be completed and have been approved by the appropriate Township
official(s) prior to the issuance of an early start building permit:
1.
The final major subdivision and/or final major site plan shall identify
the lot(s) for which the early start(s) is requested and said final
major subdivision and/or final major site plan shall be approved by
the Planning Board or Zoning Board of Adjustment, as the case may
be, for the section or phase of the development in which the lot(s)
for the requested early start(s) is located.
2.
The number of early starts permitted in any section or phase of the
development shall be no greater than 5%, rounded down to the nearest
whole number, of the total number of dwelling units approved for that
section or phase, provided that a minimum of one early start may be
permitted for a development of less than 20 dwelling units and a maximum
of 10 early starts may be permitted in total for all sections or phases
of a development, if approved by the Board.
3.
Final construction plans and a lot specific grading plan shall be
reviewed, approved and signed by the appropriate Township officials.
4.
Required performance guarantees shall be posted, and payment of construction
inspection, escrows, off-tract improvement deposits, landscape escrow
and any other required fees and deposits shall be made.
5.
The final plat and required conservation deed restrictions and/or
easements, deeds of dedication and any other required easements shall
be filed.
6.
The applicant shall submit the required writeoffs and/or approvals
from other agencies having jurisdiction.
7.
A preconstruction meeting between the Township Engineer, developer
and its agents and contractors shall be scheduled and convened.
8.
Installation and acceptance of soil erosion and sediment control
devices and delineation of all limits of construction shall be completed.
9.
Installation of stormwater detention basin(s) outlet structure and
associated piping, outlet protection and inlet piping shall be completed.
10.
Site stripping, topsoil stockpiling and temporary stabilization of
stockpiles shall be completed.
11.
Installation of public water, or where there is no public water, the installation of the required underground water storage tank system and ancillary wells and controls for fire protection purposes shall be completed, or the applicant shall have deposited the required escrow monies in accordance with Subsection 16-5.16c and 16-5.16d1 of this chapter.
12.
Installation of on-site utilities shall be completed, including storm
sewers and appurtenant structures, sanitary sewers and appurtenant
structures (where required), underground public utilities or conduit
pipe crossings located within the paved roadway, curbs (where required),
and roadway stabilized bituminous concrete base course or other base
course which will maintain the cleanliness of existing public street,
subject to the review and approval of the Township Engineer.
13.
All open excavations shall be entirely fenced for public safety purposes.
c.
Models. Models shall be permitted in finally approved residential developments, provided that all the requirements in Subsections 16-6.8b3 through 16-6.8b13 hereinabove are met and provided further that the following requirements are completed and have been approved by the appropriate Township official(s) prior to the issuance of a temporary certificate of occupancy for the model(s):
1.
The final major subdivision and/or final major site plan shall identify
the lot(s) upon which the requested model(s) shall be constructed,
and said final major subdivision and/or final major site plan shall
be approved by the Planning Board or the Zoning Board of Adjustment,
as the case may be, for the section or phase of the development in
which the subject lot(s) is located.
2.
The number of models permitted in any section or phase of a single-family development shall be no greater than the number of basic home designs required for that section or phase in accordance with Subsection 16-5.18b3 of this chapter. The number of models permitted for any multiple-family development shall be determined by the Board.
3.
Installation of off-site and remaining on-site utilities shall be
completed, and approval by the appropriate agency(s) and issuance
of approval to operate the utilities shall be obtained by the developer.
4.
Installation of stabilized base course of bituminous concrete paving
from existing paved roadway up to and across the entire frontage of
the lot containing the model shall be completed.
5.
Models shall be permitted only on streets where on-street parking
is permitted. No off-street, temporary parking shall be permitted.
6.
A model building may receive a temporary certificate of occupancy
provided that all toilet facilities within that portion of a model
building not approved to be used as a sales center shall not be functional
and shall be labeled "Display Only: Do Not Use."
7.
No conveyance of a model to a purchaser and no issuance of a permanent
certificate of occupancy for a model to be used and occupied as a
residential unit shall be permitted until the following is done:
(a)
The model is converted to a dwelling unit in compliance with
the plans approved by the Board and in compliance with the State Uniform
Construction Code, its subcodes, and regulations promulgated pursuant
thereto. Such conversion shall include the removal and restoration
of any temporary accommodations, such as modified landscaping or walkways,
and the conversion of a garage to its automobile storage function
where the garage portion of a model is used as a sales center; and
(b)
All other conditions of final approval are met.
d.
Sales Centers.
1.
One temporary sales center may be permitted within an approved residential
development only during the period necessary for the sale of new homes
within such development, providing that the preliminary or final major
subdivision and/or preliminary or final major site plan shall identify
the location of the sales center which shall be subject to the review
and approval of the Board. Where the sales center has not been approved
as part of the residential development application, a separate site
plan application shall be submitted for review and approval by the
Board.
2.
The sales center may be located in a temporary structure or trailer, provided that where a model(s) has been provided in accordance with Subsection 16-6.8c hereinabove, the sales center shall be located within the model, and any existing sales center located in a temporary structure or trailer shall be removed within 30 days of the issuance of the temporary certificate of occupancy for the model.
For planned developments, a sales center also may be a dual-purpose
structure, housing both sales and marketing activities as well as
recreation and other services for residents. 70% of such a dual-purpose
structure may be devoted to sales and marketing activities, provided
that a minimum of 30% of the structure is allocated to serve recreation
and other resident-oriented programs, and further provided that the
structure is allocated completely to resident-oriented activities,
including recreation, office and meeting room use, upon the completion
of the project.
3.
Where the sales center is housed in a temporary structure or trailer,
the sales center shall be located on the site within the limits of
clearing established and approved by the Board. The proposed location
of the temporary structure shall not require any clearing of existing
vegetation or grading beyond that which is proposed and approved for
the residential development. The developer shall be required to restore
the site to the final condition approved by the Board upon the removal
of the temporary structure.
4.
Off-street parking for the sales center shall be provided in those
instances where the Board determines that there is sufficient on-street
parking provided on improved public streets.
5.
A temporary certificate of occupancy shall be obtained for a sales
center.
6.
Where a sales center is combined with a model, the residential unit
shall be converted, as necessary, to its intended residential use
prior to the conveyances of the combined model building/sales center
to a purchaser, and any temporary accommodation, such as modified
landscaping, driveways or walkways, must be removed and restored as
otherwise approved by the Board.
e.
Temporary Construction Trailers.
1.
Temporary construction trailers and one sign not exceeding 32 square
feet, advertising the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance for a construction permit and concluding
with the issuance of a certificate of occupancy or one year, whichever
is less, are permitted, provided said trailer(s) and sign are on the
site where the construction is taking place and are not on any existing
street or easement or within any "critical" area.
The Township Construction Official may issue one year extensions,
upon written request by the developer, for the continuation of the
temporary construction trailers and sign.
2.
The temporary construction trailer(s) shall be set back at least
30 feet from all existing public streets and shall be located on the
site in an area where no clearing or grading is specifically required
for the temporary construction trailer(s), except as approved by the
Board for the residential development.
3.
There shall be at least one working telephone in the trailer.
4.
A temporary certificate of occupancy shall be required for a temporary
construction trailer. No site plan approval is required, provided
that:
(a)
The initial location of the construction trailer(s) and sign
shall be shown on the final grading plans submitted with the final
subdivision plans to be reviewed by the Board; and
(b)
All necessary information is provided to the Township Zoning
Officer and Construction Official with the application and final plot
plan for the temporary construction trailer(s) and sign.
5.
The developer shall be required to remove any improvements associated
with the temporary construction trailer(s) and restore the site in
accordance with the final construction, grading and landscaping plans
approved by the Board for the residential development.
[Ord. #99-962, S 3; Ord. #99-967, S 1; Ord. #13-1445]
a.
Purposes and Objectives. It is the overall purpose and objective
of these subsection provisions to permit the location and construction
of a Continuing Care Retirement Community (CCRC) on an approximately
40 acre parcel of land, to be conveyed by Montgomery Township to a
designated developer, which was designated a Redevelopment Area by
the Montgomery Township Planning Board on October 28, 1996 in accordance
with N.J.S.A. 40A:12A-1, et seq. The specific purposes and objectives
of the Continuing Care Retirement Community are as follows:
1.
To provide a variety of housing resources to senior citizens consistent
with the Land Use Plan Element of the Montgomery Township Master Plan;
2.
To provide for the transitional residency of elderly persons progressing
from independent living in individual dwelling units, to congregate
apartment living where the residents are provided limited daily assistance
and share common meals, and culminating with a full-time skilled nursing
facility providing comprehensive care; and
3.
To promote an imaginative and attractive site design for the CCRC,
which respects the natural environment, which utilizes the benefits
of adjacent open space lands and which is sensitive and compatible
with the surrounding single-family residential area.
b.
Definitions and Permitted Uses. As used in this subsection, the following
terms are defined as follows and are permitted uses:
1.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC) — shall mean
a facility licensed by the State of New Jersey to furnish transitional
residency for eligible elderly persons, including independent living
apartment units, independent living cottage units, assisted living
units and nursing care units, each as defined hereinbelow. The CCRC
shall provide a comprehensive variety of facilities, services and
activities for the residents, including meals, housekeeping services,
medical care facilities, security services, personal and professional
services such as banking and hairdressing, and communal recreational,
social and cultural activities.
2.
INDEPENDENT LIVING APARTMENT UNITS — shall mean an apartment
dwelling unit which contains living, sleeping, kitchen and sanitary
facility accommodations, where all residents are capable of living
independently without continuing medical or physical assistance exceeding
the levels defined by the operator of the CCRC, and where residents
dine either privately and/or in a communal dining area.
3.
INDEPENDENT LIVING COTTAGE UNITS — shall mean a single-family
dwelling unit, either detached or with two units attached together,
which contains living, sleeping, kitchen and sanitary facility accommodations,
where all residents are capable of living independently without continuing
medical or physical assistance exceeding the levels defined by the
operator of the CCRC, and where residents dine either privately and/or
in a communal dining area.
4.
ASSISTED LIVING UNITS — shall mean an apartment dwelling
unit which contains living, sleeping and sanitary facility accommodations,
where residents meet the requirements for assisted living residences
as defined by the State of New Jersey within N.J.A.C. 8:36 et seq.,
thereby requiring assistance in normal daily living activities between
independent living and nursing care.
5.
NURSING CARE UNITS — shall mean one bed, either in a private
or semi-private room, and associated facilities, where each resident,
by reason of advanced age, chronic illness or infirmity, is unable
to care for himself or herself and requires full-time convalescent
or chronic care.
6.
A SEWAGE TREATMENT PLANT — shall mean a sewage treatment
plant which shall service the Continuing Care Retirement Community
and any other uses as may be authorized by the Township Committee.
c.
Resident Eligibility. Residents in the Continuing Care Retirement
Community (CCRC) — shall be restricted to persons 62 years
of age or older except that residents within independent living apartment
units, independent living cottage units and assisted living units
only also may include the following persons:
d.
Density And Distribution Of Units. The maximum density of the Continuing
Care Retirement Community (CCRC) shall be 8 1/3 dwelling units
per gross acre of land, resulting in a maximum of 333 dwelling units
(i.e. 8.33 du x's 40 ac = 333 du) to be distributed by type within
the following ranges:
|
Unit Type (1)
|
Minimum No.
|
Maximum No.
|
|---|---|---|
|
Independent Living Cottages
|
24 du
|
24 du
|
|
Independent Living Apartments
|
176 du
|
196 du
|
|
Assisted Living Apartments
|
30 du
|
61 du
|
|
Nursing Care Units
|
40 du
|
60 du
|
|
[1]
|
In any case, no more than 333 total units shall be constructed
|
e.
(Reserved)
f.
Minimum Floor Areas for Independent Living and Assisted Living Units.
1.
2.
Independent living cottage units each shall contain at least 850
square feet of net habitable floor area.
3.
Assisted living units each shall contain at least 350 square feet
of net habitable floor area, except that up to 20 dementia care units
may be no less than approximately 288 square feet and an additional
20 alcove units may be no less than approximately 300-325 square feet.
g.
Perimeter Setback Requirements.
1.
No building or parking space shall be located closer than 550 feet
to any public street;
2.
No roadway, driveway, parking space or independent living cottage
unit building shall be located closer than 30 feet to any property
line other than a public street; and
3.
No independent living apartment unit building, no nursing care unit
building and no building containing the common facilities, services
and activities for the residents, including dining rooms, medical
care facilities, personal and professional services such as banking
and hairdressing, and communal recreational, social and cultural activities
shall be located closer than 50 feet to any property line other than
a public street.
i.
Minimum Parking Requirements.
1.
Independent living cottages: 1 garage space per unit, plus 1/2 space
per unit off-drive, plus 1/2 space per unit on-drive or off-drive.
2.
Independent living apartments: 1 off-drive space per unit.
3.
Assisted living apartments: 1/3 off-drive space per unit.
4.
Nursing care units: 1/3 off-drive space per unit.
5.
Staff: 1 off-drive space per maximum number of employees on site
at any time.
j.
Height of Buildings and Roof Treatment.
1.
No building shall exceed three stories and 35 feet in height, except,
and in accordance with, the following:
(a)
The final grade beneath a building shall not exceed the highest
elevation of the existing grade within the building envelope, and
the existing topography of the site shall be maintained to the maximum
extent possible.
(b)
A portion of any three story building utilized for independent
living apartment units may exceed 35 feet in height in accordance
with the following:
(1)
No more than 50% of the aggregate heights of all buildings on
the site shall exceed 35 feet in height;
(2)
Any portion of any building which exceeds 35 feet in height
shall not, in any case, exceed 39.5 feet in height; and
(3)
Any portion of any building which exceeds 35 feet in height
shall have a pitched, single-ridge gable roof, provided however, that
where roof mounted equipment is proposed, a facade roof treatment
screening the equipment and exhibiting the appearance of a dual pitched
roof may be permitted and approved by the Planning Board during site
plan review.
(c)
The following appurtenances may be erected not more than five feet above the actual height of a building, except that these provisions shall not apply to any portion of a building which already exceeds 35 feet in height in accordance with Subsection 16-6.9j1(b) hereinabove, and except further that chimneys on residential buildings shall have no height restrictions:
(1)
Penthouses or other roof structures for the housing of stairways,
tanks, bulkheads, ventilating fans, air conditioning equipment and
similar equipment required to operate and maintain the building;
(2)
Skylights, spires, cupolas, flagpoles, and similar structures
associated with the building; and
(3)
The parapets used to screen the roof-mounted structures and
equipment.
2.
All roofs shall have a pitched gable, hip, mansard or gambrel design,
and any three story building shall have the third floor designed with
dormers so that the building appears, to the greatest extent practicable,
to have 2 1/2 stories.
3.
Every egress window as defined by the Uniform Construction Code of
the State of New Jersey shall be directly and safely accessible from
the ground by a twenty-eight-foot ladder placed at the National Fire
Protection Association (NFPA) accepted ladder-to-ground angle of elevation.
4.
No three story building shall be located closer than 880 feet to
any public street nor closer than the first two story building to
any public street.
k.
Medical Services Provided to Nonresidents. No medical services shall
be provided from the site to any individual not residing within the
Continuing Care Retirement Community (CCRC) except as follows and
as otherwise may specifically be approved by the Planning Board:
1.
All medical services provided to persons residing within the CCRC
also may be provided on site to persons not residing within the CCRC,
provided that persons residing in the CCRC are given priority for
the medical services;
2.
An adult day care program may be provided on site to persons 62 years
and older not residing within the CCRC;
3.
Outpatient rehabilitation therapy may be provided on site to persons
62 years and older not residing within the CCRC; and
4.
A Meals On Wheels program may be provided from the CCRC to persons
off site and not residing within the CCRC.
l.
Areas for Common Facilities, Services and Activities.
1.
At least 10% of the gross square footage of all buildings comprising
the CCRC shall be devoted to common facilities, services and activities
for the residents, including dining rooms, medical care facilities,
personal and professional services such as banking and hairdressing,
and communal recreational, social and cultural activities; and
2.
A variety of outdoor recreational facilities shall be provided which
may include a putting green, shuffleboard courts, bocce courts, croquet
courts, tennis courts and/or similar facilities but which, in any
case, shall include an integrated pathway network which connects to
pathways in neighboring properties owned by the Township of Montgomery
and/or the State of New Jersey.
m.
Lighting. Lighting shall be minimal for safety and security purposes
in accordance with the following provisions:
1.
The light fixtures along driveways and within parking areas shall
not exceed 14 feet in total height and shall include non-glare lights
with recessed lenses focused downward and with cut-off shields as
appropriate in order to mitigate against adverse impacts upon adjacent
and nearby properties and overhead skyglow.
2.
The lighting of any sidewalk and/or pathway shall be via bollard
lighting no more than four feet in height.
n.
Signs.
1.
Each CCRC shall be permitted one freestanding sign no larger than
50 square feet in area identifying the name of the development.
2.
The permitted freestanding sign shall not exceed 10 feet in height
and shall be set back at least 30 feet from a public street and other
property lines and at least 12 feet from any private roadway.
3.
The freestanding sign shall be skirted with brick or similar material
to enclose the supporting pole(s) of the sign. The skirting shall
extend the full dimensions of the sign at its lower edge from ground
level to the base of the sign. The area of the skirting shall not
be included in the calculation of sign area.
4.
The skirting of the freestanding sign shall be liberally landscaped
with a combination of shrubs and ground cover, augmented with flowers
and other plant material.
5.
The freestanding sign may be lighted, provided the lighting is exterior
to the sign and is located at the top of the sign focused downward
onto the sign.
6.
Additional signage may be approved by the Planning Board for good
cause shown by the applicant as part of the site plan approval.
o.
Applicability of Other Chapter Provisions. All other applicable provisions
of this chapter not in conflict with the provisions stated hereinabove
shall apply to CCRC.
[Ord. No. 12-1418, S 19;
amended 4-18-2024 by Ord. No. 24-1723]
a.
Purpose and Legislative Mandates. The primary purpose of these zoning
ordinance provisions is to establish standards and limitations for
the installation and operation of wind, solar and other photovoltaic
systems, either as permitted principal or permitted accessory uses/structures,
within the Township of Montgomery.
This subsection is adopted in compliance with the following
legislative mandates:
1.
N.J.S.A. 40:55D-66.11 of the Municipal Land Use Law, entitled Wind
And Solar Facilities Permitted In Industrial Zones, which was approved
on March 31, 2009 as P.L.2009, Chapter 35, and which requires that
both wind and solar renewable energy facilities be permitted on industrially
zoned lands comprising 20 or more contiguous acres that are owned
by the same person or entity.
2.
N.J.S.A. 40:55D-66.12 of the Municipal Land Use Law, entitled Municipal
Ordinances Relative To Small Wind Energy Systems, which was approved
on January 16, 2010 as P.L.2009, Chapter 244, and which limits the
restrictions municipalities can require for the installation and operation
of small wind energy systems so as not to unreasonably hinder the
performance of such installations.
3.
N.J.S.A. 52:27D-141.1, entitled "Residential Development Solar Energy
Systems Act", which was approved on March 31, 2009 as P.L.2009, Chapter
33, and which provides for regulations for the installation of solar
energy facilities in new residential developments consisting of 25
or more residential dwelling units.
4.
N.J.S.A. 4:1C-32.4, entitled "Certain Generation Facilities, Structures,
Equipment Permitted on Preserved Farmland", which was approved January
16, 2010 as P.L.2010, Chapter 213, and which provides that a person
who owns preserved farmland may construct, install, and operate biomass,
solar, or wind energy generation facilities, structures, and equipment
on the farm, and may make improvements to agricultural, horticultural,
residential, or other buildings or structures on the land for that
purpose, provided that the biomass, solar, or wind energy generation
facilities, structures, and equipment meet specific requirements.
5.
N.J.A.C. 2:76-A.12, entitled "Agricultural Management Practice For
The Construction, Installation, Operation Or Maintenance Of Solar
Energy Generation Facilities, Structures And Equipment On Commercial
Farms", which was adopted on July 20, 2011 and which provides for
regulations for the installation and operation of solar energy facilities
on commercial farms with reference to the Right To Farm Act.
While Montgomery Township intends to comply with the prevailing
law, it also wishes to safeguard the farmland within its bounds, much
of which has been preserved via State, County and local funding. Montgomery
Township also does not wish to jeopardize the use or tranquility of
the preserved open space lands within its bounds by any neighboring
inappropriate development.
Montgomery Township notes that a new 2011 State Energy Master
Plan has been adopted as a basis to fulfill the State's energy needs
for the next 10 years. The Township agrees with a policy of the plan
to focus the development of large renewable energy resource facilities
on large commercial, landfill and/or brownfield sites and discourage
the development of such facilities which will adversely impact the
preservation of farmland and open space lands.
Montgomery Township also desires to safeguard the special conservation
resource lands as identified in the adopted Recreation Plan And Conservation
Plan Elements of the Township Master Plan, especially those lands
and riparian corridors directly affecting water quality and biodiversity.
b.
COLLECTOR SURFACE
METEOROLOGICAL TOWER
RENEWABLE ENERGY FACILITY
ROTOR DIAMETER
SMALL WIND ENERGY SYSTEM
SOLAR COLLECTOR
SOLAR ENERGY
SOLAR ENERGY SYSTEM
SOLAR PANEL
SYSTEM HEIGHT
TOWER HEIGHT
VAWT SYSTEMS
WIND GENERATOR
WIND TOWER
WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
Applicable Definitions.
Shall mean any part of a solar collector that absorbs solar
energy for use in the collector's energy transformation process but
does not include frames, support and mounting hardware.
Shall mean a structure designed to support the gathering
of wind energy resource data and includes the tower, base plate, anchors,
guy cables and hardware, anemometers (wind speed indicators), wind
direction vanes, booms to hold equipment, data logger, instrument
wiring, and any telemetry devices that are used to monitor or transmit
wind speed and wind flow and characterize the wind resource at a given
location. For the purpose of this subsection, meteorological towers
shall conform to the requirements for small wind energy systems.
Shall mean a facility that engages in the production of electric
energy from solar technologies, photovoltaic technologies, or wind
energy.
Shall mean the cross sectional dimension of the circle swept
by the rotating blades of a wind-powered energy generator.
Shall mean a wind energy conversion system consisting of
a wind turbine, a tower, and associated control or conversion electronics,
which has a rated capacity consistent with 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.
Shall mean a device, structure or part of a device or structure
in which a substantial purpose is used to transform solar energy into
thermal, mechanical, chemical or electrical energy.
Shall mean direct radiant energy received from the sun.
Shall mean a solar energy system and all associated equipment
including any generator, base, foundation, structural support, wire,
batteries or other components necessary to convert solar energy into
usable electrical energy through the use of 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.
Shall mean, for wind energy systems, the height above grade
of the tower plus the wind generator.
Shall mean the height above grade of the fixed portion of
the tower, excluding the wind generator.
Shall mean a vertical axis wind turbine which utilizes vertical
panels as opposed to horizontal propellers.
Shall mean blades and associated mechanical and electrical
conversion components mounted on top of the tower.
Shall mean the monopole, freestanding, or guyed structure
that supports a wind generator.
Shall mean a facility or structure for the purpose of supplying
electrical energy produced from wind, solar, or photovoltaic technologies,
whether such facility or structure is a principal use, a part of the
principal use or an accessory use or structure.
c.
Small Wind, Solar and Photovoltaic Energy Systems as Permitted Accessory
Uses/Structures in All Zoning Districts. The primary purpose of an
accessory small wind, solar or photovoltaic energy system as an accessory
use or accessory structure is to provide power for the principal use
of the property, whether residential, nonresidential or farming, whereon
said system is to be located, and shall not be for the generation
of power for commercial sale purposes, although this provision shall
not be interpreted to prohibit the sale of excess power generated
from time to time from a small wind, solar or photovoltaic energy
system designed to meet the energy needs of the principal use. For
the purposes of this paragraph concerning permitted accessory energy
systems, the sale of excess power shall be limited so that in no event
an energy system is generating more energy for sale than what is otherwise
necessary to power the principal use on the property.
1.
Rooftop and Building Mounted Solar Collectors as Accessory Uses/Structures.
Rooftop or building mounted solar collectors are permitted as accessory
uses/structures in all zoning districts in the Township on all permitted
principal and accessory structures in the Township, subject to the
following requirements:
(a)
On residential buildings, solar panels and all accessory equipment
for the solar energy system shall not exceed a height of 12 inches
beyond the edge of the roofline or above the highest point of the
roof structure or surface upon which the panels and equipment are
located.
(b)
On all other buildings, solar panels and all accessory equipment
for the solar energy system shall not exceed a height of 12 inches
above the highest point of the roof surface upon which they are located,
but in no event shall the placement of the solar panels or any related
accessory equipment result in a total height, inclusive of the subject
building, exceeding that height which is otherwise permitted in the
applicable zoning district.
(c)
Any ground-mounted accessory equipment associated with the rooftop
or building mounted solar collectors shall be no higher than 10 feet
in height, shall be located within side or rear yard areas only and
within 10 feet of the structure upon which the panels are located
and shall conform to the accessory building setbacks and the coverage
requirements of the applicable zoning district.
(e)
For farms, see Subsection 16-6.10d herein below for additional provisions, requirements, limitations and standards.
(f)
For all residential and nonresidential buildings, a zoning permit for a compliant rooftop- or building-mounted solar energy system on a property is required from the Township Zoning Officer in accordance with Subsection 16-13.16 of this chapter regarding designated local historic sites and/or properties within designated local historic districts, Subsection 16-10.3d of this chapter, and all information required by the Zoning Officer to determine compliance with the provisions of this ordinance shall be provided for the permit.
(g)
In the instance where a proposed rooftop- or building-mounted solar energy system on a residential or nonresidential property is not compliant with the provisions of this subsection, a variance is required pursuant to N.J.S.A. 40:55D-70c of the Municipal Land Use Law in addition to minor site plan approval in accordance with Subsection 16-8.3 of this chapter and Subsection 16-6.10h5 herein.
2.
Ground-Mounted and Freestanding Solar Collectors as Accessory Uses/Structures.
Ground-mounted and freestanding solar collectors are permitted as
accessory uses/structures in all zoning districts of the Township
subject to the following requirements:
(a)
Ground-mounted arrays and freestanding solar collectors may
be located only on properties at least one acre or greater in area
where the applicant proves to the satisfaction of the Board or the
Zoning Officer, as the case may be, that rooftop- or building-mounted
solar collectors are not feasible on the subject site.
(b)
The total surface area of all ground-mounted or freestanding
solar collectors shall be as follows:
(1)
On a residential lot, the total surface area shall not exceed
a maximum aggregate area of 750 square feet on lots 1 acre to two
acres in area, 1,200 square feet on lots two acres to five acres in
area, and 1,500 square feet on lots five acres or larger.
(2)
On a nonresidential lot, the total surface area shall not exceed
the existing building coverage of the building served by the ground-mounted
or freestanding solar collectors.
(c)
The solar collectors and accessory equipment shall not be permitted
within any front yard areas, except that for reverse frontage lots,
the solar collectors and accessory equipment may be located in the
front yard area to the rear of the dwelling, provided that the collectors
and equipment are set back at least 75 feet from the street line behind
the dwelling or the minimum required front yard setback if that distance
is greater than 75 feet.
(d)
The location of any ground-mounted or freestanding solar collectors
or other structures or equipment associated with a solar energy system
shall be as follows:
(1)
On a residential lot, the setback shall be 40 feet from all
side and rear property lines or the accessory building setback requirement
of the applicable zoning district, whichever distance is greater.
(2)
On a nonresidential lot, the setback shall be 50 feet or the
accessory building setback requirement of the applicable zoning district,
whichever distance is greater.
(e)
The height of the solar collectors and any mounts shall not
exceed 12 feet when oriented at maximum tilt.
(g)
For farms, see Subsection 16-6.10d herein below for additional provisions, requirements, limitations and standards.
(h)
For any accessory ground-mounted or freestanding solar energy system on a residential lot that complies with Subsection 16-6.10c2(b)(1) herein, and for any accessory ground-mounted or freestanding solar energy system on a nonresidential lot that complies with Subsection 16-6.10c2(b)(2) herein and has a total aggregate surface area less than 2,500 square feet, a zoning permit is required from the Township Zoning Officer in accordance with Subsection 16-103d of this chapter, Section 16-13.16 of this chapter regarding designated local historic sites and/or properties within designated local historic districts, and any other information required by the Zoning Officer to determine compliance with the provisions of this chapter shall be provided for the permit.
(1)
The Zoning Officer shall consult with the Township Landscape
Architect regarding the adequacy of the proposed landscape screening.
(2)
An escrow account of $750 shall be established by the applicant
with Montgomery Township to pay for the time expended by the Township
Landscape Architect.
(i)
All accessory ground-mounted or freestanding solar energy systems on a residential lot not in compliance with Subsection 16-6.10c2(b)(1) herein, and all accessory ground-mounted or freestanding solar energy systems on a nonresidential lot not in compliance with Subsection 16-6.10c2(b)(2) herein and/or with a total aggregate surface area of 2,500 square feet or greater, shall require minor site plan approval in accordance with Subsection 16-8.3 of this chapter and Subsection 16-6.10h5 herein with any required variance relief in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law.
3.
Small Wind Energy Systems as Accessory Uses/Structures. Small wind
energy systems are permitted as accessory uses/structures on lots
in all zoning districts in the Township, subject to the following
requirements:
(a)
A minimum lot size of six acres shall be required to install
a small wind energy system, and no more than one small wind energy
system shall be permitted on a lot.
(b)
Small wind energy systems shall not be located within any front
yard areas.
(c)
Towers shall be set back a distance equal to 1.5 times the height
of the tower from all property lines, public roads, dwellings, and
overhead power lines. The distance shall be measured from the center
of the tower.
(d)
The maximum total height of any small wind energy system shall
not exceed 120 feet; the total height shall include the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point.
(e)
A meteorological tower shall be permitted under the same standards
and requirements as a small wind energy system.
d.
Additional Provisions, Requirements, Limitations and Standards For
Wind, Solar and Photovoltaic Energy Systems as Accessory Uses/Structures
on Preserved Farmland, Commercial Farms and Other Farms.
1.
Preserved Farmland.
(a)
Notwithstanding any law, rule or regulation to the contrary,
a person who owns preserved farmland may construct, install, and operate
biomass, solar, or wind energy generation systems, structures, and
equipment on the farm as an accessory use/structure, whether on the
preserved portion of the farm or on any portion excluded from preservation,
for the purpose of generating power or heat, and may make improvements
to any agricultural, horticultural, residential, or other building
or structure on the land for that purpose, provided that the biomass,
solar, or wind energy generation facilities, structures, and equipment:
(1)
Do not interfere significantly with the use of the land for
agricultural or horticultural production as determined by the State
Agriculture Development Committee;
(2)
Are owned by the landowner, or will be owned by the landowner
upon the conclusion of the term of an agreement with the installer
of the biomass, solar, or wind energy generation facilities, structures,
or equipment by which the landowner uses the income or credits realized
from the biomass, solar, or wind energy generation to purchase the
facilities, structures, or equipment;
(3)
Are used to provide power or heat to the farm, either directly
or indirectly, or to reduce, through net metering or similar programs
and systems, energy costs on the farm; and
(4)
Are limited in annual energy generation capacity to the previous
calendar year's energy demand plus 10%, in addition to energy generated
from facilities, structures or equipment existing on the roofs of
buildings or other structures on the farm as of January 16, 2011 pursuant
to N.J.S.A. 4:1C-32.4 b., or, alternatively and at the option of the
landowner, occupy no more than 1% of the area of the entire farm,
including both the preserved portion and any portion excluded from
preservation.
(b)
The person who owns the farm and the energy generation facilities, structures, and equipment may only sell energy through net metering or as otherwise permitted under an agreement allowed pursuant to Subsection 16-6.10d1(a)(2) above.
(c)
For the purposes of this paragraph d1, the following definitions
apply:
(1)
Biomass shall mean an agricultural crop, crop residue, or agricultural
by-product that is cultivated, harvested, or produced on the farm
and which can be used to generate energy in a sustainable manner.
(2)
Net metering shall mean the same as that term is used for purposes of Subsection e of section 38 of P.L. 1999, c.23 (C.48:3-87).
(3)
Preserved farmland shall mean land on which a development easement
was conveyed to, or retained by, the committee, a board, or a qualifying
tax exempt nonprofit organization pursuant to the provisions of section
24 of P.L. 1983, c.32 (C.4:1 C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1),
section 1 of P.L.1989, c.28 (C.4:1C-38), section 1 of P.L.1999, c.180
(C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152 (C.13:8C-37
through C.13:8C-40), or any other State law enacted for farmland preservation
purposes.
(d)
Required State Approvals.
(1)
A landowner shall seek and obtain the approval of the State Agriculture Development Committee before constructing, installing, and operating biomass, solar, or wind energy generation facilities, structures, and equipment on the farm as allowed pursuant to Subsection 16-6.10d1(a) above.
(2)
In the case of biomass energy generation facilities, structures,
or equipment, the landowner shall also seek and obtain the approval
of the Department of Agriculture as required pursuant to section 5
of P.L.2009, c.213 (C.4:1C-32.5) if the land is valued, assessed and
taxed pursuant to the Farmland Assessment Act of 1964, P.L.1964, c.48
(C.54:4-23.1 et seq.).
2.
Commercial Farms.
(a)
Notwithstanding the provisions of any municipal or County ordinance,
resolution, or regulation to the contrary, the owner or operator of
a commercial farm, located in an area in which, as of December 31,
1997 or thereafter, agriculture is a permitted use under the Township
Land Development Ordinance and is consistent with the Township Master
Plan, or which commercial farm is in operation as of July 2, 1998,
and the operation of which conforms to agricultural management practices
recommended by the State Agriculture Development Committee and adopted
pursuant to the provisions of the Administrative Procedure Act, P.L.
1968, c.410 (C.52:14B-1 et seq.), or whose specific operation or practice
has been determined by the Somerset County Agricultural Development
Board to constitute a generally accepted agricultural operation or
practice, and all relevant Federal or State statutes or rules and
regulations adopted pursuant thereto, and which does not pose a direct
threat to public health and safety may engage in the generation of
power or heat from biomass, solar, or wind energy as accessory uses/structures
to the farm use, provided that the energy generation is consistent
with P.L.2009, c.213 (C.4:1C-32.4 et al.), as applicable, and the
rules and regulations adopted therefor and pursuant to section 3 of
P.L.2009, c.213 (C.4:1C-9.2).
(b)
A landowner shall seek and obtain the approval of the State
Department of Agriculture before constructing, installing, or operating
biomass energy generation facilities, structures, and equipment on
any land that is valued, assessed and taxed pursuant to the Farmland
Assessment Act of 1964, P.L. 1964, c.48 (C.54:4-23.1 et seq.), in
addition to any other approvals that may be required by law.
(c)
The installation of any biomass, solar, or wind energy generation
facility on a commercial farm shall abide by the rules, standards
and regulations, including N.J.A.C. 2:76-2A.12, that are, or may be,
established by the State Agriculture Development Committee (SADC)
as well as those set forth in this subsection, provided that the latter
are not in conflict with any rules, standards and regulations established
by the SADC or State Department of Agriculture.
3.
Additional Provisions and Requirements for Any Farm. Notwithstanding
anything to the contrary in this subsection, the following requirements
shall also be applicable to any accessory wind, solar or photovoltaic
energy system on any preserved farmland, commercial farmland or on
any other farm:
(a)
The minimum distance between any portion of a solar or photovoltaic
energy facility and a street line shall be 75 feet and the minimum
distance from any other property line shall be 50 feet, unless a greater
setback is required by the SADC or any other outside agency.
(b)
Wind towers shall be set back a distance equal to 1.5 times
the height of the tower from all property lines, public roads, dwellings,
and overhead power lines. The distance shall be measured from the
center of the tower.
(c)
The maximum total height of any small wind energy system shall
not exceed 120 feet; the total height shall include the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point.
(d)
No portion of any wind, solar or photovoltaic energy system
shall be constructed or installed on prime agricultural soils as defined
by the USDA Natural Resources Conservation Service and/or identified
in an Agricultural Development Area, unless the applicant can show
that there is no other option for the location of such accessory structures
on the farm.
(e)
The construction and installation of any energy system shall
be designed to minimize any adverse impacts on the productivity of
the soil and the farm operation.
(g)
Where site plan approval is required for any energy management
system on a farm, a plan that prescribes the conservation and natural
resource management measures for the conservation, protection and
development of natural resources, the maintenance and enhancement
of agricultural or horticultural productivity, and the control and
prevention of non-point pollution shall be required as part of the
site plan application.
e.
Wind, Solar and Photovoltaic Energy Systems as Permitted Principal
Uses/Structures in the LM Limited Manufacturing Zoning District.
1.
A minimum lot size of 20 acres shall be required.
2.
The minimum distance between any portion of a solar or photovoltaic
energy facility and a street line shall be 125 feet and the minimum
distance from any other property line shall be 75 feet.
3.
Wind towers shall be set back a distance equal to 1.5 times the height
of the tower from all property lines, public roads, dwellings, and
overhead power lines. The distance shall be measured from the center
of the tower.
4.
The maximum total height of any wind energy system shall not exceed
120 feet; the total height shall include the vertical distance from
the ground to the tip of a wind generator blade when the tip is at
its highest point.
5.
More than one tower for a wind energy system shall be permitted on
a lot as a principal permitted use.
6.
No rooftop installation is permitted for wind, solar or photovoltaic
energy facilities as principal uses.
7.
Wind energy systems shall have a nameplate capacity of 10 kilowatts
or less.
9.
All wind, solar or photovoltaic energy systems as principal permitted uses/structures shall require major site plan approval in accordance with Subsection 16-8.4 and 16-8.5 of this chapter and Subsection 16-6.10h5 herein, with any variance relief in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law.
f.
Solar Energy Systems in Residential Developments of 25 or More Dwelling
Units.
1.
Residential developments of 25 or more dwelling units for owner occupancy
shall conform to the provisions of the Residential Development Solar
Energy Systems Act (N.J.S.A. 52:27D-141.1 et seq.) and standards relative
to solar energy systems adopted by the Commissioner of the Department
of Community Affairs pursuant to N.J.S.A. 52:27D-141.7.
2.
Where technically feasible, as determined by the Commissioner of
the Department of Community Affairs in consultation with the Board
of Public Utilities, a developer shall offer to install, or to provide
for the installation of, a solar energy system into a dwelling unit
when a prospective owner enters into negotiations with the developer
to purchase a dwelling unit.
g.
General Requirements for All Accessory and Principal Wind, Solar
and Photovoltaic Energy Systems.
1.
The installation of any wind, solar and photovoltaic energy system and any accessory equipment shall be outside any land area exhibiting critical areas as defined in subsection 16-6.4 of this chapter, and also shall not be within any conservation easement or conservation deed restricted area.
2.
Any proposal for a wind, solar or photovoltaic energy system shall conform to the provisions of subsection 16-5.6 of this chapter, entitled Natural Features, and of Section 14-3 of the Code, entitled Tree Removal and Replacement with respect to tree removal.
(a)
Any trees and/or shrubs to be removed or topped to accommodate
the installation of a wind, solar or photovoltaic energy system shall
be accompanied by a site plan identifying the location, size and species
of trees to be removed or topped and demonstrating the need to remove
or top the trees.
(b)
An applicant shall locate a wind, solar or photovoltaic energy
system so that tree removal is not required to the extent practical;
where trees are to be removed, the Zoning Officer, Planning Board
or Zoning Board, as the case may be, may require the replacement of
trees on the subject property at a one-to-one ratio.
(c)
The installation of any wind, solar or photovoltaic energy system
shall respect the landscaping and trees within any conservation easement
or deed restricted area or within any required buffer area so that
there is no damage or harm to the plant materials within these areas.
(d)
In any case, any tree clearing shall not exceed an area more
than 50% of the subject property's size or 40,000 square feet, whichever
area is less.
3.
The design of a wind, solar or photovoltaic energy system shall,
to the extent possible, use materials, colors, textures, screening
and landscaping that will blend into the natural setting and existing
environment.
4.
Wind, solar or photovoltaic energy systems or any associated structure
shall not be used for displaying any advertising or signage, except
for reasonable identification of the manufacturer, installer, or operator
of the system and appropriate warning signs, all not to exceed, in
aggregate, four square feet in area.
5.
When a new driveway or road is required for access to the wind, solar
or photovoltaic systems, the surface shall be either pervious pavement
or gravel and shall be the minimum width to accommodate maintenance
as well as emergency vehicles.
6.
All wind, solar or photovoltaic energy system installations must
be performed by a qualified installer, and prior to operation the
electrical connections must be inspected by the Township or other
appropriate electrical inspection agency, as determined by the Township.
In addition, any interconnection to the public utility grid must be
inspected by the appropriate public utility.
(a)
All power lines from a wind, solar or photovoltaic energy system
to on-site interconnection equipment shall be located underground
and installed by a certified professional and must meet all applicable
national, State, and local electrical codes.
(b)
The installation of any energy system shall conform to the National
Electric Code as adopted by the NJ Department of Community Affairs
and the State Uniform Construction Code.
(c)
Wind, solar or photovoltaic energy systems that connect to the
electric utility grid shall comply with the New Jersey Net Metering
and Interconnection Standards for Class I Renewable Energy Systems
at N.J.A.C. 14:4-9 and as required by the electric utility servicing
the property.
7.
When batteries are included as part of the wind, solar or photovoltaic
energy system, the batteries require a charge controller and must
be placed in a secure container or enclosure meeting the requirements
of the State Uniform Construction Code when in use and, when no longer
used, the batteries shall be disposed of in accordance with the laws
and regulations of Somerset County and other applicable laws and regulations.
It is preferable to have the energy system connected to the energy
grid in lieu of stand-alone systems relying upon batteries to store
excess power.
8.
Landscaped vegetative screening shall be required, as well as fencing
as may be determined appropriate by the Township Landscape Architect,
between any ground-mounted solar collectors or any ground-mounted
equipment for any energy system and adjacent properties and streets
in accordance with the following:
(a)
The overall purpose of the landscaped screening is to obscure
or substantially buffer the view of the solar energy system year-round.
(b)
The landscaped screening shall be comprised of a minimum of
one evergreen tree, at least six feet high at time of planting, plus
two supplemental shrubs at the discretion of the Township Landscape
Architect, all planted within each 10 linear feet of the area to be
screened. A list of suitable evergreen tree and shrub species is on
file in the office of the Township Zoning Officer.
(c)
Existing vegetation may be used to satisfy all or a portion
of the required landscaped screening.
(d)
Any fencing shall be at least four feet but no greater than
six feet in height, provided that any fencing higher than four feet
shall be located in the rear yard and shall be set back at least 15
feet from any property line.
9.
If a wind, solar or photovoltaic energy system ceases to perform
its originally intended function for more than 12 consecutive months,
the property owner shall remove the tower, collector, mount and/or
associated equipment and facilities by no later than 90 days after
the end of the twelve-month period and shall restore the property
to its original condition.
10.
Where site plan approval is required, the site plan review shall
include review of the adequacy, location, arrangement, size, design,
and general site compatibility of the proposed wind, solar or photovoltaic
energy systems and its components. Site plan applications and zoning
permits for a wind, solar or photovoltaic energy system shall include
information demonstrating its efficiency and its compliance with the
provisions of this subsection.
11.
Additional Requirements Specific to Solar Energy Systems:
(a)
The solar collectors shall be located so that any glare is directed
away from any adjoining property or street.
(b)
Solar panels shall not be included in any calculation of impervious
surface or impervious cover in accordance with N.J.S.A. 40:55D-38.1.
(c)
Solar energy systems shall be designed to sustain wind loads
up to 110 miles per hour (mph) and snow loads of 50 pounds per square
foot (psf).
(d)
Ground areas beneath solar panels shall not be covered with
stone but shall be planted with a seed mixture of native, non-invasive
shade tolerant grasses in order to prevent soil erosion and the spread
of weeds or other invasive species and to promote biodiversity and
a natural habitat; the ground area shall be mowed on a regular basis
as may be needed.
(e)
In order to ensure that there will be minimal disturbance and
impact to the land and to promote easy removal and rehabilitation
of the site, the preferable method of installation of the solar collectors
or panels is by removable earth screws, auger driven piers or a similar
system that does not require concrete footings or other relatively
permanent foundations. The installation shall respect the natural
contours and no grading shall be permitted for the system itself.
12.
Additional Requirements Specific to Wind Energy Systems:
(a)
Wind energy systems shall be placed in such a manner as to minimize
visual impacts to adjacent residential zoning districts and/or existing
residential uses.
(b)
Access restrictions to the wind energy system shall be designed
as follows:
(1)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(2)
The tower shall be designed and installed so as not to provide
permanent step bolts, ladders, or other publicly accessible means
of climbing the tower for a minimum height of 10 feet above the ground.
(c)
A wind energy system shall not be artificially lighted unless
such lighting is required by the Federal Aviation. Administration
or other applicable authority.
(d)
The blades on the wind energy system shall be constructed of
a corrosive-resistant material, and the tower shall not be constructed
of aluminum.
(e)
A wind energy system shall remain painted or finished in a grey
or white color that was originally applied by the manufacturer unless
the approving authority determines that their visual impact on the
surrounding landscape will be minimized by another color or finish.
(f)
The level of noise produced by a small wind energy system shall
not exceed 55 dBa beyond the ambient noise levels prior to construction
as measured at the property boundaries of the property on which the
small wind energy system is to be located.
(g)
No wind energy system shall be roof-mounted, except that a VAWT
system may be installed upon any portion of a roof, provided that
the total height of the system shall not extend beyond 10 feet above
the roof line and provided further that the said VAWT system shall
be set back no less than 50 feet from any property line.
(h)
All wind energy systems, except for a VAWT system permitted
to be constructed on a roof, shall be mounted on a monopole, shall
not utilize a truss frame construction, and shall not require a wired
guyed system.
(i)
All wind energy systems shall be designed with an automatic
braking system and an over-speed control to prevent over-speeding
and excessive pressure on the tower structure during periods of excessively
high winds.
(j)
There shall be a minimum ground clearance of at least 15 feet
between the finished grade and bottom of any rotor, blade or moving
part of a small wind energy system.
h.
Zoning Permit and Site Plan Application Requirements.
1.
For Rooftop and Building Mounted Solar Collectors as Accessory Uses/Structures.
(a)
For all residential and nonresidential buildings, a zoning permit for a compliant rooftop- or building-mounted solar energy system on a property is required from the Township Zoning Officer in accordance with Subsection 16-13.16 of this chapter regarding designated local historic sites and/or properties within designated local historic districts, Subsection 16-10.3d of this chapter, and all information required by the Zoning Officer to determine compliance with the provisions of this subsection shall be provided for the permit.
(b)
In the instance where a proposed rooftop- or building-mounted solar energy system on a residential or nonresidential property is not compliant with the provisions of this subsection, a variance is required pursuant to N.J.S.A. 40:55D-70c of the Municipal Land Use Law in addition to minor site plan approval in accordance with Subsection 16-8.3 of this chapter and Subsection 16-6.10h4 herein.
2.
For Ground-Mounted and Freestanding Solar Collectors as Accessory
Uses/Structures.
(a)
For any accessory ground-mounted or freestanding solar energy system on a residential lot that complies with Subsection 16-6.10c2(b)(1) herein, and for any accessory ground-mounted or freestanding solar energy system on a nonresidential lot that complies with Subsection 16-6.10c2(b)(2) herein and has a total aggregate surface area less than 2,500 square feet, a zoning permit is required from the Township Zoning Officer in accordance with Subsection 16-10.3d of this chapter, Subsection 16-13.16 of this chapter regarding designated local historic sites and/or properties within designated local historic districts, and any other information required by the Zoning Officer to determine compliance with the provisions of this subsection shall be provided for the permit.
(b)
All accessory ground-mounted or freestanding solar energy systems on a residential lot not in compliance with Subsection 16-6.10c2(b)(1) herein, and all accessory ground-mounted or freestanding solar energy systems on a nonresidential lot not in compliance with Subsection 16-6.10c2(b)(2) herein and/or with a total aggregate surface area of 2,500 square feet or greater, shall require minor site plan approval in accordance with Subsection 16-8.3 of this chapter and Subsection 16-6.10h5 herein with any required variance relief in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law.
4.
For Wind, Solar and Photovoltaic Energy Systems as Permitted Principal Uses/Structures in the LM Limited Manufacturing Zoning District. All wind, solar or photovoltaic energy systems as principal permitted uses/structures shall require major site plan approval in accordance with Subsection 16-8.4 and 16-8.5 of this chapter and Subsection 16-6.10h4 herein, with any variance relief in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law.
5.
All site plan applications shall be accompanied by a plot plan survey which shall include the following information in addition to any other information required for a minor or major site plan application pursuant to Section 16-8 of this chapter:
(a)
Property lines and physical dimensions of the property, as shown
on a current survey;
(b)
Location, dimension, and types of existing structures and easements
on the property;
(c)
Location, dimensions and type of the proposed wind, solar or
photovoltaic energy system, including manufacturer's specifications
and operation requirements, the model of all components, panel height
and width, ground elevation and height of the system, and setbacks
from property lines and buildings;
(d)
Orientation of the wind, solar or photovoltaic energy system;
(e)
The right-of-way line of any public or private road contiguous
with the property;
(f)
The location of any above ground or overhead utility lines;
(g)
Existing and proposed landscaping and fencing for ground-mounted
systems, including photographs of the area proposed for the energy
system;
(h)
If applicable, a statement that the proposed energy system is
either within an historic site or district or within 200 feet thereof;
(i)
For wind energy systems, verification from a qualified design
professional that the proposed location and proposed tower elevation
has sufficient wind speeds for operation of the wind energy system;
(j)
For wind energy systems, tower and tower foundation drawings
prepared and sealed by a licensed engineer in the State of New Jersey;
and
(k)
For wind energy systems, noise levels of the proposed wind energy
system at all property lines.
(l)
For any major site plan, a visual sight distance analysis must
be submitted, including photos of the subject property that graphically
simulates the appearance of any proposed energy system from at least
five locations around and within one mile of the proposed tower(s)
or solar arrays.
6.
Upon completion of any wind, solar or photovoltaic energy system,
a certified letter from a professional engineer will be required to
be submitted by the applicant to the Township Construction Office
stating that the structure was constructed in accordance with the
approved drawings.
[Ord. #85-482, S 701; Ord. #05-1178, S 1]
a.
Created; Members. A Zoning Board of Adjustment heretofore created
is continued pursuant to N.J.S.A. 40:55D-69 et seq. consisting of
seven regular members and four alternate members, each of whom shall
be residents of Montgomery Township and be appointed by the governing
body. The members of the heretofore created Zoning Board of Adjustment
are hereby reappointed to serve their respective terms. The term of
each regular member shall be four years and the term of each alternate
member shall be two years.
b.
Alternate Members. Alternate members shall be designated at the time
of their appointment as "Alternate No. 1," "Alternate No. 2," "Alternate
No. 3," and "Alternate No. 4." Alternate members may participate in
the discussions of the proceedings but may not vote except in the
absence or disqualification of a regular member. A vote shall not
be delayed in order that a regular member may vote instead of an alternate
member. In the event that a choice must be made as to which alternate
is to vote, the alternate member having the lower numerical designation
shall vote.
c.
Prohibition on membership. No member of the Zoning Board of Adjustment
shall hold an elective office or position under the municipality.
d.
Vacancy; Removal. Any vacancy on said Board occurring other than
by expiration of term shall be filled by appointment by the governing
body of the municipality to serve for the unexpired term of the members
whose term shall become vacant. A member may be removed by the governing
body for cause, but only after public hearing, if requested, and other
requested procedural due process protections.
e.
Selection of Officers. Yearly, the Zoning Board of Adjustment shall
organize by selecting from among its regular members a Chairman and
a Vice Chairman. The Board shall also select a Secretary who may or
may not be a member of the Board or a municipal employee.
f.
Budget. The governing body, after giving due consideration to budget
requests that may be submitted by the Zoning Board of Adjustment,
shall make provisions in its budget and appropriate funds for the
expenses of the Zoning Board of Adjustment.
g.
Board of Adjustment Attorney. The office of Zoning Board of Adjustment
Attorney is hereby created. The Board of Adjustment may annually appoint
to such office and fix the compensation or rate of compensation of
an attorney at law of New Jersey other than the municipal attorney.
h.
Experts and Staff. The Zoning Board of Adjustment may also employ
or contract for and fix the compensation of such experts and other
staff and services as it may deem necessary. The Board, however, shall
not authorize expenditures which exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
[Ord. #85-482, S 702; Ord. #86-528, S 1]
The Zoning Board of Adjustment shall have the power to:
a.
Error or Refusal. Hear and decide appeals where it is alleged by
the applicant that there is an error in any order, requirement, decision
or refusal made by a Township official based on or made in the enforcement
of the zoning provisions of this chapter.
b.
Exceptions or Interpretations. Hear and decide requests for interpretation
of the Zoning Map or the zoning provisions of this chapter or for
decisions upon other special questions upon which the Board is authorized
to pass by any zoning provisions of this chapter or by any duly adopted
Official Map.
c.
General Bulk Variances.
1.
Where: (a) by reason of exceptional narrowness, shallowness or shape
of a specific piece of property; or (b) by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property; or (c) by reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
of this chapter would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardship upon the developer
of such property, grant, upon an application or an appeal relating
to such property, a variance from such strict application of such
regulation so as to relieve such difficulties or hardship;
2.
Where, in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning requirements; provided, however, that no variance from those departures enumerated in Subsection 16-7.2d hereinbelow (N.J.S.A. 40:55D-70[d]) shall be granted under this subsection; and provided further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to Subsection 16-7.5h of this chapter. (N.J.S.A. 40:55D-60[a]).
d.
Use Variance, Variances from Conditional Use Standards, and Major Specific Bulk Variances. In particular cases and for special reasons, grant a variance to allow departure from the zoning provisions of this chapter to permit: (1) a use or principal structure in a district restricted against such use or principal structure; (2) an expansion of a nonconforming use; (3) deviation from a particular specification or standard set forth in this chapter as pertaining solely to a conditional use; (4) an increase in the permitted floor area ratio as defined in section 16-2 of this chapter and in N.J.S.A. 40:55D-4; (5) an increase in the permitted density as defined in section 16-4 or section 16-6 of this chapter, as the case may be, and in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, in which event applications would be made pursuant to Subsection 16-7.2c hereinabove. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
A variance under this subsection shall expire if no construction,
alteration or conversion relative to the nonconforming use has been
commenced within one year of the date of the Board's decision to grant
the variance. For variances granted prior to the effective date of
this subsection, the one year period shall commence as of the effective
date of this subsection. For variances which become the subject of
litigation, the one year period shall commence on the date of the
last reviewing court's decision to grant the variance. For good cause
shown, and after a hearing before the Board on notice in the manner
required for original variance applications, the Board may extend
the variance by resolution. Any extension may not exceed one year
in duration and no more than four extensions shall be permitted. To
receive consideration, an application for extension of a variance
shall be made prior to the expiration of the time limit sought to
be extended.
e.
General Provisions. No variance or other relief may be granted under
the terms of this section unless such variance or other relief can
be granted without substantial detriment to the public good and will
not substantially impair the intent and purpose of the zone plan and
the zoning provisions of this chapter. In respect of any airport hazard
areas delineated under the Air Safety and Hazardous Zoning Act of
1983 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be
granted under the terms of this section permitting the creation or
establishment of a nonconforming use which would be prohibited under
the standards promulgated pursuant to that act, except upon issuance
of a permit by the Commissioner of Transportation. An application
under this section may be referred to any appropriate person or agency,
other than the Planning Board, for its report; provided that such
reference shall not extend the period of time within which the Zoning
Board of Adjustment shall act.
f.
Other Powers. The Zoning Board of Adjustment shall have such other
powers as prescribed by law, including, but not limited to, the following:
1.
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34
for the construction of a building or structure within the bed of
a mapped street or public drainageway, flood control basin or public
area as shown on a duly adopted Official Map of the municipality whenever
one or more parcels of land within said bed cannot yield a reasonable
return to the owner unless a construction permit is granted. The Board
may grant such relief only by affirmative vote of a majority of the
full authorized membership of the Zoning Board of Adjustment, ensuring
that such relief will tend to cause a minimum change of the Official
Map and will not significantly add to the cost of opening any proposed
street. The Board shall impose reasonable requirements as a condition
of granting the construction permit so as to promote the health, morals,
safety and general welfare of the public.
2.
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36
for the construction of a building or structure on a lot not abutting
a street which is shown on a duly adopted Official Map of the municipality
or which is: (a) an existing State, County or municipal street or
highway; or (b) a street shown upon a plat approved by the municipal
Planning Board; or (c) a street on a plat duly filed in the office
of the County Recording Officer. The Board-may grant such relief only
when the enforcement of the statute requirement that a building lot
abut a street would entail practical difficulty or unnecessary hardship,
or where the circumstances of the case do not require the building
or structure to abut a street. The Board shall impose requirements
or conditions that will provide adequate access for fire fighting
equipment, ambulances and other necessary emergency vehicles for the
protection of the health and safety and that will protect any future
street layout on the Official Map or on the general circulation plan
element of the municipal Master Plan.
3.
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to Subsection 16-7.2d of this chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon a grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and the zoning provisions of this chapter. The number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to Subsection 16-7.2d of this chapter shall not be required.
[Ord. #85-482, S 703]
a.
Appeals to the Zoning Board of Adjustment may be taken by any interested
party affected by any decision of a municipal official of the municipality
based on or made in the enforcement of the zoning provisions of this
chapter or a duly adopted Official Map. Such appeal shall be taken
within 20 days by filing a notice of appeal with the official from
whom the appeal is taken, with three copies of the notice given to
the Secretary of the Zoning Board of Adjustment. The notice shall
specify the grounds for the appeal. The official from whom the appeal
is taken shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
b.
The Zoning Board of Adjustment may reverse or affirm, wholly or in
part, or may modify the action, order, requirement, decision, interpretation
or determination appealed from and to that end have all powers of
the municipal official from whom the appeal is taken.
c.
An appeal to the Zoning Board of Adjustment shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made unless the municipal official from whose action the
appeal is taken certifies to the Zoning Board of Adjustment, after
the notice of appeal shall have been filed with him, that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed other than by an order of the Superior Court upon notice
to the municipal official from whom the appeal is taken and due cause
shown.
d.
A developer may file an application for development with the Zoning
Board of Adjustment for action under any of its powers without prior
application to a municipal official.
e.
The Zoning Board of Adjustment shall act upon any appeal or any application
for development within one 120 days either from the date the appeal
is taken from the decision of the municipal official or from the date
the application is certified as a complete application, as the case
may be, or within such further time as may be consented to by the
applicant, except that when an applicant elects to submit separate
consecutive applications for use variance approval and site plan,
subdivision or conditional use approval, the 120-day time period for
action shall apply to the application for approval of the use variance,
and the time period for granting or denying any subsequent approval
shall be as otherwise provided in this chapter.
[Ord. #85-482, S 705; Ord. #89-607, S 11; Ord. #99-959, S
1]
a.
Created; Membership. The Planning Board heretofore created is continued
consisting of nine regular and two alternate members of the following
four classes:
|
Class I
|
The Mayor or the Mayor's designee in the absence of the Mayor
|
|
Class II
|
One of the officials of the Township other than a member of
the governing body to be appointed by the Mayor; provided that the
member of the Environmental Commission who is also a member of the
Planning Board, shall be deemed to be the Class II Planning Board
member in the event that there be among the Class IV or alternate
members of the Planning Board both a member of the Zoning Board of
Adjustment and a member of the Board of Education.
|
|
Class IV Regular Members
|
6 other citizens of the Township to be appointed by the Mayor.
The members of Class IV shall hold no other municipal office, position
or employment, except that 1 member may be a member of the Zoning
Board of Adjustment or Landmarks Commission, and 1 member may be a
member of the Board of Education. A member of the Environmental Commission
who is also a member of the Planning Board as required by R.S. 40:56A
shall be a Class IV Planning Board member unless there be among the
Class IV regular or alternate members of the Planning Board both a
member of the Zoning Board of Adjustment or Landmarks Commission,
and a member of the Board of Education, in which case the member of
the Environmental Commission shall be deemed to be the Class II member
of the Planning Board.
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Class IV Alternate Members
|
2 other citizens of the municipality to be appointed by the
Mayor. Alternate member shall meet the qualifications of Class IV
regular members and shall be designated by the Mayor at the time of
their appointment as "Alternate No. 1" and "Alternate No. 2."
|
b.
Terms; Class I, II and III Members. The term of the member composing
Class I shall correspond with his official tenure. The terms of the
members composing Class II and Class III shall be for one year or
terminate at the completion of their respective terms of office, whichever
occurs first, except for a Class II member who is also a member of
the Environmental Commission. The term of a Class II (or Class IV)
member who is also a member of the Environmental Commission shall
be for three years or terminate at the completion of his term as a
member of the Environmental Commission, whichever comes first.
c.
Terms of Present Members. All present Class IV members of the Planning
Board shall continue in office until the completion of the terms for
which they were appointed. The term of a Class IV member who is also
a member of the Zoning Board of Adjustment or the Board of Education
shall terminate whenever he is no longer a member of such other body
or at the completion of his or her Class IV term, whichever comes
first.
d.
Terms; Class IV Regular Members. The terms of Class IV regular members
first appointed pursuant to this chapter shall be so determined that
to the greatest practicable extent the expiration of such term shall
be evenly distributed over the first four years after their appointment;
provided that the initial term shall not exceed four years. Thereafter
the term of each Class IV regular member shall be four years. All
terms shall run from January 1 of the year in which the appointment
is made.
e.
Terms; Class IV Alternate Members. The terms of the Class IV alternate
members shall be two years, except that the terms of the alternate
members shall be such that the term of not more than one alternate
member shall expire any one year; provided, however, that in no instance
shall the terms of the alternate members first appointed exceed two
years. All terms shall run from January 1 of the year in which the
appointment is made.
f.
Discussions and Voting. Alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
g.
Vacancy. If a vacancy of any class shall occur otherwise than by
expiration of term, it shall be filled by appointment as above provided
for the unexpired term. Any member other than a Class I member may
be removed by the governing body for cause but only after public hearing,
if requested, and other requested procedural due process protection.
h.
Selection of Officers. Yearly, the Planning Board shall organize
by selecting from among its Class IV regular members a Chairman and
a Vice Chairman. The Board shall also select a Secretary who may or
may not be a member of the Board or an employee of the Township.
i.
Budget. The governing body, after giving due consideration to budget
requests that may be submitted by the Planning Board, shall make provisions
in its budget and appropriate funds for the expenses of the Planning
Board.
j.
Planning Board Attorney. The office of Planning Board attorney is
hereby created. The Planning Board may appoint to such office and
fix compensation or rate of compensation of an attorney at law of
New Jersey other than the Township attorney.
k.
Experts and Staff. The Planning Board may also employ or contract
for and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board, however, shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
[Ord. #85-482, S 705]
The Planning Board shall have the powers listed below in addition
to other powers established by law:
a.
Make, adopt and, from time to time, amend a Master Plan for the physical
development of the Township, including any areas outside its boundaries
which, in the Board's judgment, bear essential relationship to the
planning of the Township.
b.
Administer the Subdivision and Site Plan Review provisions of the
Land Development Ordinance in accordance with the applicable provisions
of said ordinance.
c.
Hear and decide applications for conditional uses in accordance with
the applicable provisions of this chapter.
d.
Participate in the preparation and review of programs or plans required
by State or Federal law or regulation.
e.
Assemble data on a continuing basis as part of a continuous planning
process.
f.
Annually, at the request of the Township Committee, prepare a program
of municipal capital improvements projects projected over a term of
six years and recommend same to the Township Committee.
g.
Consider and report to the Township Committee within 35 days after
referral as to any proposed development regulation submitted to it
and also pass upon other matters specifically referred to the Planning
Board by the Township Committee.
h.
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to Subsection 16-7.2d of this chapter (N.J.S.A. 40:55D-70[d]), to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
2.
Direction pursuant to Subsection 16-7.2f1 of this chapter (N.J.S.A. 40:55D-34) for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
3.
Direction pursuant to Subsection 16-7.2f2 of this chapter (N.J.S.A. 40:55D-36) for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this section, notice
of the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit,
as the case may be.
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit,
and a subsequent application for any required approval for a subdivision,
site plan, or conditional use. The separate approval of the variance
or direction of the issuance of a permit, shall be conditioned upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and the zoning provisions of this chapter.
[Ord. #85-482, S 706]
a.
Conflicts of Interest. No regular or alternate member of the Planning
Board or Zoning Board of Adjustment shall act on any matter in which
he has either directly or indirectly any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a
particular matter, he shall continue to sit with the Board on the
hearing of such matter nor participate in any discussion or decision
relating thereto.
b.
Meetings.
1.
Meetings of both the Planning Board and the Zoning Board of Adjustment
shall be scheduled no less than once a month and any meeting so scheduled
shall be held as scheduled unless cancelled for lack of applications
for development to process.
2.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meetings shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
3.
No action shall be taken at any meeting without a quorum being present,
said quorum to be the majority of the full authorized membership of
the Board.
4.
All actions shall be taken by majority vote of the members of the
Board present at the meeting except as otherwise required by a provision
of N.J.S.A. 40:55D-1 et seq. A member of the Board who was absent
for one or more of the meetings at which a hearing was held shall
be eligible to vote on a matter upon which the hearing was conducted,
nonwithstanding his absence from one or more of the meetings; provided,
however, that such Board member has available to him the transcript
or recording of all of the hearing from which he was absent, and certifies
in writing to the Board that he has read such transcript or listened
to such recording.
5.
All regular meetings and all special meetings shall be open to the
public, except as provided in the Open Public Meeting Law C.231, Laws
of New Jersey, 1975. Notice of all such meetings shall be given in
accordance with the requirements of the Open Public Meeting Law C.231,
Laws of New Jersey, 1975.
c.
Public Hearings.
1.
The Planning Board or the Zoning Board of Adjustment, as the case
may be, shall hold a hearing on each application for development.
Each Board shall make rules governing such hearings.
2.
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least 10 days
before the date of the hearing during normal business hours in the
office of the Administrative Officer. The applicant may produce any
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
3.
The officer presiding at the hearings, or such person as he may designate,
shall have the power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant evidence,
including witnesses and documents presented by the parties, and the
provisions of the County and Municipal Investigations Law, P.L. 1953,
C. 38 (C.2A:67A-1 et seq.) shall apply.
4.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
or such other person as he may designate, and the right of cross-examination
shall be permitted to all interested parties through their attorneys,
if represented, or directly, if not represented, subject to the discretion
of the presiding officer and reasonable limitations as to time and
number of witnesses.
5.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
d.
Public Notice of a Hearing.
1.
Public notice of a hearing shall be given for the following applications
for development:
(a)
Any request for a variance;
(b)
Any request for conditional use approval;
(d)
Any request for site plan and/or subdivision approval involving
one or more of the aforesaid elements;
(e)
Any request for preliminary approval of a major subdivision
and/or preliminary major site plan; and
(f)
Any request for approval of a planned development.
2.
The Secretary of the Planning Board or the Zoning Board of Adjustment,
as the case may be, shall notify the applicant at least two weeks
prior to the public hearing at which the application will be discussed.
Notice of a hearing requiring public notice shall be given by the
applicant at least 10 days prior to the date of the hearing in the
following manner:
(a)
By publication in an official newspaper of the Township, if
there is one, or in a newspaper of general circulation in the Township
in the absence of an official newspaper.
(b)
By notification by personal service or certified mail to the
following. An affidavit of proof of the giving of the required notice
shall be filed by the applicant with the municipal agency at, or prior
to, the hearing. It is not required that a return receipt is obtained;
notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
(1)
To all owners of real property as shown on the current tax duplicate,
located in the State and within 200 feet in all directions of the
property which is the subject of the hearing; provided that this requirement
shall be deemed satisfied by notice to the: (1) condominium association,
in the case of any unit owner whose unit has a unit above or below
it; or (2) horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it.
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i.
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Notice to a partnership owner may be made by service upon any
partner.
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ii.
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Notice to a corporate owner may be made by service upon its
president, a vice-president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
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iii.
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Notice to a condominium association, horizontal property regime,
community trust or homeowner's association, because of its ownership
of common elements or areas located within two 200 feet of the property
which is the subject of the hearing, may be made in the same manner
as to a corporation without further notice to unit owners, co-owners,
or homeowners on account of such common element or areas.
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(2)
To the Clerk of any adjoining municipality or municipalities
when the property involved is located within 200 feet of said adjoining
municipality or municipalities.
(3)
To the Somerset County Planning Board when the application for
development involves property adjacent to an existing County road
or proposed road as shown on the County Official Map or County Master
Plan, adjoining other County land or situated within 200 feet of a
municipality boundary.
(4)
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a State highway.
(5)
To the Director of the Division of State and Regional Planning
in the Department of Community Affairs when the hearing involves an
application for the development of property which exceeds 150 acres
or 500 dwelling units, in which case the notice shall include a copy
of any maps or documents required to be filed with the Township.
3.
Upon the written request of an applicant, the Township Tax Assessor shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged $0.25 per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any lot owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to Subsection 16-7.6d2(b) above who do not reside within the Township.
4.
The notice shall state the date, time and place of the hearing and
the nature of the matters to be discussed, and an identification of
the property proposed for development by street address, if any, and
by reference to lot and block numbers as shown on the current tax
duplicate in the Township Tax Assessor's office, and the location
and times at which any maps or documents for which approval is sought
are available for inspection.
e.
Records.
1.
Minutes of every regular or special meeting shall be kept and shall include the names and addresses of the persons appearing and addressing the Planning Board or the Zoning Board of Adjustment, and any persons appearing by attorney, the action taken by the Planning or Zoning Board, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available, after approval by the Board, for public inspection during the normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a reasonable fee for the reproduction of the minutes, as indicated in Subsection 16-9.1 of this chapter.
2.
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made either by stenographer, mechanical or electrical means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2A:11-15, and as indicated in Subsection 16-9.1 of this chapter. Each transcript shall be certified in writing by the transcriber to be accurate.
f.
Decisions.
1.
Each decision on any application for development shall be reduced
to writing by the Board and shall include findings of facts and conclusions
based thereon.
2.
The Board shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within the time period
provided in this chapter for action by the Board on the application
for development; or
(b)
A memorializing resolution adopted at a meeting held no later
than 45 days after the date of the meeting at which the Board voted
to grant or deny approval. Only the members of the Board who voted
for the action taken may vote on the memorializing resolution, and
the vote of a majority of such members present at the meeting at which
the resolution is presented for adoption shall be sufficient to adopt
the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting
from the failure of a motion to approve an application) shall be memorialized
by resolution as provided above, with those members voting against
the motion for approval being the members eligible to vote on the
memorializing resolution.
3.
The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required in Subsection 16-7.8 of this chapter.
4.
If the Board fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Board to reduce
its findings and conclusions to writing within a stated time and the
cost of the application, including attorneys fees, shall be assessed
against the municipality.
Former Subsection 16-7.7, Appeal of Decisions, previously codified
herein and containing portions of Ordinance No. 85-482, was repealed
in its entirety by Ordinance No. 14-1476.
[Ord. #85-482, S 708]
Any decision of the Planning Board or the Zoning Board of Adjustment
when acting upon an application for development and any decision of
the Township Committee when acting upon an appeal shall be given notice
in the following manner:
a.
A copy of the decision shall be mailed by the appropriate Township
authority within 10 days of the date of decision to the applicant
or appellant, or, if represented, then to his attorney, without separate
charge. A copy of the decision shall also be mailed within 10 days
to any interested party who has requested it and who has paid the
fee prescribed by the Township authority for such service.
b.
The Administrative Officer shall cause a brief notice of every decision
of the Planning Board, Zoning Board of Adjustment, or Township Committee,
as the case may be, to be published in the official newspaper of Montgomery
Township, the cost of such publication to be charged to the applicant's
escrow account. Such notice shall be sent to the official newspaper
within 10 days of the date of the decision.
c.
A copy of the decision shall also be filed in the office of the Administrative Officer, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Township, as indicated in Subsection 16-9.1 of this chapter.
[Ord. #85-482, S 801]
The Planning Board and the Zoning Board of Adjustment have certain
overlapping powers to expedite the review process. Their respective
responsibilities are outlined below:
a.
Powers of the Planning Board:
1.
The Planning Board shall have the power to grant subdivision or conditional
use approval simultaneously with site plan approval.
2.
The Planning Board shall have the power to act in lieu of the Zoning
Board of Adjustment and subject to the same extent and restrictions
of the Zoning Board of Adjustment on the following matters when the
Planning Board is reviewing applications for approval of subdivision
plans, site plans or conditional uses. Whenever relief is requested
pursuant to this subsection, public notice shall be given and shall
include reference to the request for a variance or direction for issuance
of a permit, as the case may be.
(a)
Grant variances pursuant to N.J.S.A. 40:55D- 70c.
(b)
Direct, pursuant to N.J.S.A. 40:55D-34, for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55-32.
(c)
Direct, pursuant to N.J.S.A. 40:55D-36, for issuance of a permit
for a building or structure not related to a street.
b.
Zoning Board of Adjustment Action in Lieu of Planning Board. The
Zoning Board of Adjustment shall have the power to grant, to the same
extent and subject to the same restrictions as the Planning Board,
site plan, subdivision or conditional use approval whenever the proposed
development requires approval by the Zoning Board of Adjustment of
a variance pursuant to N.J.S.A. 40:55D-70d.
[Ord. #85-482, S 802; Ord. #91-729, S 4; Ord. #92-759, S
7; Ord. #01-1036, S 2]
a.
Subdivision Review. All subdivisions, as defined under section 16-2, are subject to the review procedures specified herein.
b.
Site Plan Review. No construction permit shall be issued for any
new structure or for an addition to an existing structure and no certificate
of occupancy shall be issued for any change of use of an existing
structure until the site plan has been reviewed and approved by the
municipality except that:
1.
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval, except that the use of any existing or proposed principal or accessory building used entirely or in part for a home occupation may require minor site plan approval in accordance with Subsection 16-6.7 of this chapter (the provisions in Subsection 16-8.3 of this chapter shall not apply). In any case, the foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other ordinances.
2.
Any change of use from one permitted nonresidential use to another
permitted nonresidential use shall not require site plan approval
if both the Construction Official and Zoning Officer certify to the
Board that the existing site development meets the requirements of
this chapter for the new use.
3.
Barns, sheds and silos erected for agricultural purposes shall not
require site plan review unless required by the Construction Official
or Zoning Officer.
4.
A construction permit for the addition, extension or alteration of
an accessory patio, deck or fence of a townhouse dwelling unit shall
not require site plan approval if the addition, extension or alteration
is approved by the applicable homeowners' association pursuant to
its provisions governing accessory decks, patios and fences set forth
in the by-laws or resolutions of the association which received approval
by the Township either as a part of a final site plan approval or
by subsequent amendment to a prior site plan approval. The foregoing
shall in no way affect the responsibility of an applicant to submit
to the Township the necessary information, including a letter of approval
from the homeowners' association, and receive the necessary approvals
as may be required pursuant to other ordinances.
c.
Variance Relief. All applications for variance relief to the Board
of Adjustment not involving any related site plan, subdivision or
conditional use approval shall be filed at least 14 days prior to
the second Monday of the month. The filing shall include 20 copies
of any maps and related material; 20 completed copies of the appropriate
application form(s), which includes the checklist for variances pursuant
to N.J.S.A. 40:55D-10.3 attached to this section. The Board shall
act upon the application as stipulated by law.
d.
Informal Review by the Planning Board.
1.
At the request of a developer, the Planning Board shall grant one
informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
2.
The developer shall not be required to submit any fees for such an
informal review; however, no professional review(s) will be undertaken
unless the developer agrees to pay for said review(s).
3.
The developer shall not be bound by any concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review.
4.
A developer desiring to have a concept plan informally reviewed by
the Planning Board shall so notify the Administrative Officer at least
14 days prior to the first regularly scheduled monthly meeting of
the Planning Board. The Administrative Officer shall thereafter notify
the developer of the time and place which has been scheduled by the
Planning Board for the informal review.
[Ord. #85-482, S 803; Ord. #86-508, S 1; Ord. #88-584, S
VI A-C; Ord. #89-637, S 1; Ord. #01-1036, S 2; Ord. #08-1294, S 5;
amended 12-17-2020 by Ord. No. 20-1646; 4-18-2024 by Ord. No. 24-1722; 4-18-2024 by Ord. No. 24-1723]
a.
Procedure for Submitting Minor Subdivision Plats and Minor Site Plans. The applicant shall submit to the Administrative Officer at least 21 days prior to the second Monday of the month: 26 copies of the minor plat or plan; 26 copies of the appropriate application(s), which includes the check- list(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and a fee in accordance with section 16-9 of this chapter. The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and minor site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.
b.
Details Required for Minor Subdivision Plats and Minor Site Plans.
Each minor subdivision plat shall be drawn by a licensed land surveyor
and shall be based on new or existing current and accurate survey
of the property being subdivided. Each minor site plan shall be drawn
by a professional engineer or architect, based upon a survey prepared
by a licensed land surveyor. Such survey information may be transposed
to other drawings if duly noted as to the date of the survey, by whom
and for whom it was prepared.
All professionals shall be licensed to practice in the State
of New Jersey, and the plat or plan shall bear the signature, seal,
license number and telephone number of the said professional; provided,
however, that all engineering data shall be signed and sealed by a
professional engineer and all surveying data shall be signed and sealed
by a professional land surveyor in accordance with N.J.A.C. 13:40,
Subchapter 7.
Each submission shall be drawn at an appropriate scale of one
inch equals not more than 100 feet for minor subdivision plats or
one inch equals not more than 50 feet for minor site plans and shall
be submitted on one of the following four standard sheet sizes (8 1/2"
x 13", 15" x 21", 24" x 36" or 30" x 42"), with all sheets submitted
of the same size, and each with a clear perimeter border at least
one inch wide. If one sheet is not sufficient to contain the entire
tract, the map may be divided into two sections to be shown on separate
sheets of equal sizes, with reference on each sheet to the adjoining
sheets.
Each minor plat or plan shall show the following information,
as such information is applicable to the minor subdivision or minor
site plan submission:
1.
A key map showing the entire tract and its relation to the surrounding
areas, including lot lines and streets, at a scale of one inch equals
not more than 2,000 feet;
2.
Title block in accordance with the rules governing title blocks for
professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Township of Montgomery,
Somerset County, N.J.;
(b)
Name, title, address and telephone number of applicant;
(c)
Name, title, address, telephone number, license number, seal
and signature of the professional or professionals who prepared the
plat or plan;
(d)
Name, title and address of the owner or owners of record;
(e)
Scale (written and graphic); and
(f)
Date of original preparation and of each subsequent revision
thereof and a list of the specific revisions entered on each sheet.
3.
North arrow.
4.
Certification that the applicant is the owner of the land or his/her
properly authorized agent, or certification from the owner that he
or she has given his/her consent under an option agreement.
5.
If the applicant is a partnership or a corporation, the names and
addresses of all partners, or the names and addresses of all stockholders
owning 10% or more of any class of stock of the corporation in accordance
with N.J.S.A. 40:55D-48.1 et seq.
6.
Acreage of the existing lot and, in the case of minor subdivisions
only, acreage of the proposed lot(s) to the nearest tenth of an acre
(both within and without areas within public rights-of-way) and a
computation of the area of the tract to be disturbed.
8.
Existing tax sheet number(s) and existing block and lot number(s)
of the lot(s) to be subdivided or developed as they appear on the
Township Tax Map, and proposed block and lot number(s) as provided
by the Township Tax Assessor upon written request.
9.
The name(s) and block and lot number(s) of all property owners within
200 feet of the extreme limits of the tract as shown on the most recent
tax list prepared by the Township Tax Assessor.
10.
Tract boundary line (heavy solid line), any existing or proposed
subdivision or property line(s) within the tract, and any property
line(s) to be removed clearly delineated.
11.
Zoning district(s) affecting the tract, including district names
and all requirements, with a comparison to the proposed development.
12.
The location of existing and proposed property lines (with bearings
and distances), streets, structures (with their numerical dimensions
and an indication as to whether existing structures will be retained
or removed), parking spaces, loading areas, driveways, watercourses,
railroads, bridges, culverts, drain pipes, natural features such as
treed areas, and any historic features such as family burial grounds
and buildings more than 50 years old, both within the tract and within
200 feet of its boundary.
13.
The names, location and width of all existing and proposed easements
and rights-of-way, the use(s) for which they are intended to be limited,
the manner in which the easements will be controlled, to whom they
will be granted.
14.
All dimensions and setbacks necessary to confirm conformity to the
chapter, such as the size of the tract and any proposed lot(s), the
number of lots being created, structure setbacks, structure heights,
yards, floor area ratios, building and lot coverages, the amount of
contiguous net usable acreage, the delineation of all "critical areas"
as defined by this chapter, and the inscription of a 205-foot diameter
circle, where required for residential uses.
16.
Delineation of flood plains, including both floodway and flood fringe
areas, and Township stream corridors, both within the tract and within
100 feet of its boundary, and the source and date of the flood plain
information.
17.
Delineation of ponds, marshes, wetlands, wetland transition areas,
hydric soils, and lands subject to flooding within the tract and within
100 feet thereof. A copy of the applicant's request for a Letter Of
Interpretation (LOI) from the New Jersey Department of Environmental
Protection (NJDEP) and the accompanying plan shall be submitted for
all delineated wetlands. Where an LOI has been received, a copy of
the NJDEP LOI and stamped approved plan shall be submitted to the
Township.
18.
Existing and proposed contours with intervals of two feet, except where one foot contours are required in Subsection 16-5.2m3 of this chapter to be shown in the area of disturbance. All contour information shall refer to a known datum, with the source of the contour information provided. Existing contours shall be shown as a dashed line, and finished grades shall be shown as a solid line. Lands with a topographic slope 15% or greater shall be shaded.
19.
Plans of proposed improvements and utility layouts, if applicable.
21.
Plans for Soil Erosion and Sediment Control as required by N.J.S.A.
4:24-39 et seq. and in accordance with the Somerset County Soil Conservation
District, where disturbance is greater than 5,000 square feet.
22.
Concerning minor subdivisions only, existing and proposed monuments
in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9.
23.
Concerning minor site plans only, the location of and details for
all exterior lighting, signs, circulation and parking, and the separation
and storage of recyclable materials.
24.
No minor subdivision or minor site plan involving any street(s) additional
right-of-way width as specified in the Master Plan or Official Map
and the street requirements of this chapter shall be approved unless
such additional right-of-way, either along one or both sides of said
street(s), as applicable, shall be granted to the Township or other
appropriate governmental agency.
25.
Sight triangle easements shall be shown and granted as specified
in this chapter for corner lots or for intersections of a street with
a driveway providing ingress and/or egress to nonresidential development.
26.
Any existing protective covenants or deed restrictions applying to
the land being developed shall be submitted with the application and/or
indicated on the submitted plat or plan. Any proposed deed descriptions,
easements, covenants, restrictions and roadway and sight triangle
dedications, including metes and bounds as applicable, shall be submitted
for approval and required signatures prior to filing with the County
Recording Officer.
27.
If the proposed lot(s) is (are) not served by a sanitary sewer, three
copies of the plan approved by the Township Board of Health, with
date of approval, of site evaluation tests, certified by a licensed
professional engineer, indicating that the proposed lot(s) can adequately
accommodate a septic system. The location(s) of the test hole(s) and
boring(s), soil logs, proposed location of the septic disposal areas
and reserve areas, test results, soil types, percolation rates and
compliance with the Individual Sewage Disposal Code of New Jersey
or applicable Township Board of Health Codes, whichever may be more
restrictive, shall be shown on the plat and certified by a licensed
professional engineer.
28.
[2]Concerning minor site plans only involving the storage of hazardous substances (as defined in Ordinance No. 81-85 of the Board of Health of the Township of Montgomery, and as set forth at Section BH16-1 et seq. of the Board of Health Code), a proposal for the means of storage of hazardous substances in accordance with said Ordinance No. 81-85. In the event the Board of Health has not approved the means of hazardous substance storage by the time the Planning Board or Board of Adjustment renders it decision on the application, any approval by the Planning Board or Board of Adjustment shall be conditioned on the subsequent approval of the means of hazardous substance storage by the Board of Health in accordance with Ordinance No. 81-85 of the Board of Health.
[2]
Editor's Note: Former Subsection 16-8.3.b.28, which pertained to submission requirements when an application meets the definition of major development by increasing the impervious coverage by more than one quarter acre or 10,890 square feet or by ultimately disturbing one or more acres of land per Subsection 16-5.2e of this chapter, was repealed 12-17-2020 by Ord. No. 20-1646, which ordinance also
provided for the redesignation of former Subsections 16-8.3.b.29 through
16-8.3.b.33 as Subsections 16-8.3.b.28 through 16-8.3.b.32, respectively.
29.
If a survey is referenced, a copy of a signed and sealed survey by
a licensed New Jersey land surveyor, showing the tract boundary, topographic
information, existing conditions, and all critical areas, as defined
by this chapter.
30.
Certification from the Township Tax Collector that all taxes and
assessments are paid to date, and certification from the Chief Financial
Officer or his/her designee that all prior escrow fees have been posted;
and, if the processing of the application extends into any subsequent
tax quarter, a current certificate from the Tax Collector shall be
required by the Board before approval may be granted.
31.
A list of all known licenses, permits and other form of approval
required by law for the development and operation of the proposed
project. The list shall include approvals required by the Township,
as well as agencies of the County, State and Federal government. Evidence
of the submission of the application(s) for other agency approvals
having jurisdiction over the application and/or required by the Township
Engineer shall be submitted. Where approvals have been granted, copies
of said approvals shall be attached. Where approvals are pending,
a note shall be made to that effect.
32.
The Board reserves the right to require additional information before
granting approval when unique circumstances affect the tract and/or
when the application for development poses special problems for the
tract and surrounding area. Such information shall include, but not
be limited to, an Environmental Impact Statement and/or Traffic Impact
Statement, provided, however, that no application shall be deemed
incomplete for the lack of such additional information.
c.
Action by the Township.
1.
The Planning Board or Zoning Board of Adjustment, as the case may
be, and/or the Development Review Committee, shall review the aforesaid
application for the purpose of determining, within 45 days of its
submission, whether said application is complete.
Thereafter:
(a)
If said application is found to contain all of the information required by Subsection 16-8.3b of this chapter, said Board or Development Review Committee shall certify that said application is complete.
(b)
If said application is found to lack some of information required by Subsection 16-8.3b of this chapter, said Board or Development Review Committee shall either:
(1)
Cause the applicant to be notified, in writing, that said application
is incomplete, specifying the deficiencies in the application; or
(2)
If the Board reasonably concludes that the missing items of
information are not necessary for it to make an informed decision
on the application, said Board may waive the requirement that said
items be supplied as a prerequisite for completeness and certify that
the application is complete notwithstanding the missing items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection 16-8.3b and said request shall be granted or denied by the Board within 45 days.
(d)
In the event the Board and/or Development Review Committee fails to act pursuant to Subsections 16-8.3c1(b)(1) or 16-8.3c1(b)(2) hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
2.
On the date the aforesaid application is certified complete, or on
the 46th day following the submission of the application, in the event
the Board fails to make a determination of completeness, as the case
may be, the applicable time period within which the Board must act
upon the application shall commence. In any case, the applicant is
obliged to prove that he or she is entitled to approval of the application.
The Board may subsequently require correction of any information found
to be in error, may require submission of additional information not
specified in this chapter, and/or may require revisions in the application
documents; as are reasonably necessary to make an informed decision
as to whether the requirements for approval of the application have
been met, provided that the application shall not be deemed incomplete
for lack of any such additional information or revisions.
3.
Promptly after certification of completeness, the application documents
shall be distributed by the Administrative Officer to the following:
(a)
The Planning Board or the Zoning Board of Adjustment, as the
case may be, (nine copies of the minor plat or plan and nine copies
of the application);
(b)
Subdivision Committee or Site Plan Committee, as the case may
be (four additional copies of the minor site plat or plan and four
additional copies of the application);
(c)
Somerset County Planning Board (two copies each of the minor
plat or plan and the application);
(d)
Planning Board Attorney (one copy each of the minor plat or
plan and the application);
(e)
Township Administrator (one copy each of the minor plat or plan
and the application);
(f)
Township Planner (one copy each of the minor plat or plan and
the application);
(g)
Township Engineer (one copy each of the minor plat or plan and
the application);
(h)
Construction Official (one copy each of the minor plat or plan);
(i)
Zoning Officer (one copy each of the minor plat or plan and
the application);
(j)
Township Board of Health (one copy each of the minor plat or
plan and the application);
(k)
Township Environmental Commission (one copy each of the minor
plat or plan and the application);
(l)
Somerset/Union Soil Conservation District (one copy each of
the minor plat or plan and the application);
(m)
Township Clerk (one copy each of the minor plat or plan and
the application for the Township's files);
(n)
At the direction of the Planning Board or the Zoning Board of
Adjustment, as the case may be, additional copies of the minor plat
or plan shall be sent to other Township, County or State agencies
as may be designated by the Board.
4.
The Board shall take action on minor subdivision and minor site plan
applications within 45 days after the application has been certified
complete by the Board or within such further time as may be consented
to by the applicant. Failure of the Board to act within the prescribed
time period shall constitute approval of the application.
5.
Any designated Subdivision Committee or Site Plan Committee, as the
case may be, shall read any written report submitted concerning the
application and shall itself review the submission to ascertain its
conformity with the requirements of this chapter. The Subdivision
Committee or Site Plan Committee, as the case may be, shall offer
its recommendations to the Board.
6.
Any proposed application for development determined by the Board
to be creating, imposing, aggravating or leading to the possibility
of an adverse effect upon either the property in question or upon
any adjacent properties, may be required to be revised to remove any
adverse effect(s) prior to further review or approval by the Board,
or, where the remaining portion of the original tract is sufficient
to be subdivided or developed further, the applicant may be required
to submit a sketch of the entire remaining portion of the tract to
indicate a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any adverse
effect.
7.
When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy of a reproducible tracing. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approval resolution, adopted in accordance with Subsection 16-7.6f of this chapter, within 10 days of its adoption by the Board.
8.
When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with Subsection 16-7.6f of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.
9.
Within 190 days from the date of approval by the Board of a minor
subdivision, a plat map drawn in compliance with the Map Filing Act,
P.L. 1900, C.141 (C.46:29-9.9 et seq.) or deed description, properly
drafted and signed by the Chairman and Secretary of the Board (or
the Acting Chairman or Secretary where either or both may be absent),
shall be filed by the subdivider with the County Recording Officer.
All plats requiring final approval or deeds requiring approval shall
be submitted in a timely fashion following approval to the appropriate
Township staff. Unless filed within said 190 days, the approval shall
expire and will require Board approval as in the first instance. The
zoning requirements and general terms and conditions, whether conditional
or otherwise, upon which minor subdivision approval was granted, shall
not be changed for a period of two years after the date of minor subdivision
approval by the Board, provided that the approved minor subdivision
shall have been duly recorded.
10.
Before the Secretary of the Board returns any approved minor subdivision
or minor site plan to the applicant, all conditions of the approval,
if any, must be met by the applicant. The applicant shall provide
additional copies of the plat or plan as may be necessary in order
to furnish copies to each of the following:
(a)
Administrative Officer;
(b)
Township Engineer (in the case of subdivisions only, a map of
the plat drawn to the tax map scale of one inch equals 100 feet or
one inch equals 400 feet, as directed by the Township Engineer);
(c)
Zoning Officer;
(d)
Township Tax Assessor;
(e)
Township Board of Health;
(f)
Such other Township, County or State agencies and officials
as directed by the Board.
If the applicant is confirming a minor subdivision by recording
a deed(s), a copy of the recorded deed shall be furnished to the Administrative
Officer.
[1]
Editor's Note: The checklists are included as an attachment to this chapter.
[Ord. #85-482, S 804; Ord. #86-508, S 2; Ord. #86- 517, SS
1, 2; Ord. #88-584, SVID-G; Ord. #89-604, S 2; Ord. #89-637, S 1;
Ord. #01-1036, S 2; Ord. #08-1275, S 3; Ord. #08-1294, S 6; amended 12-17-2020 by Ord. No.
20-1646; 4-18-2024 by Ord. No. 24-1722; 4-18-2024 by Ord. No. 24-1723]
a.
Procedure for Submitting Preliminary Major Subdivision Plats and Preliminary Major Site Plans. The applicant shall submit to the Administrative Officer at least 21 days prior to the second Monday of the month: 28 copies of the preliminary plat or preliminary plan; 28 completed copies of the appropriate applications which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; 22 copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; and a fee in accordance with section 16-9 of this chapter. The application shall contain an acknowledgment signed by the applicant, stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
b.
Details Required for Preliminary Major Subdivision Plats and Preliminary
Major Site Plans. Each preliminary major subdivision plat shall be
drawn by a licensed land surveyor and shall be based on new or existing
current and accurate survey of the property being subdivided. Each
preliminary major site plan shall be drawn by a professional engineer
or architect, based upon a survey prepared by a licensed land surveyor.
Such survey information may be transposed to other drawings if duly
noted as to the date of the survey, by whom and for whom it was prepared.
All professionals shall be licensed to practice in the State
of New Jersey, and the plat or plan shall bear the signature, seal,
license number and telephone number of the said professional; provided,
however, that all engineering data shall be signed and sealed by a
professional engineer and all surveying data shall be signed and sealed
by a professional land surveyor in accordance with N.J.A.C. 13:40,
Subchapter 7.
Each submission shall be drawn at an appropriate scale of one
inch equals not more than 100 feet for major subdivision plats or
one inch equals not more than 50 feet for major site plans and shall
be submitted on one of the following four standard sheet sizes (8 1/2"
x 13", 15" x 21", 24" x 36" or 30" x 42"), with all sheets submitted
of the same size, and each with a clear perimeter border at least
one inch wide. If one sheet is not sufficient to contain the entire
tract, the map may be divided into sections to be shown on separate
sheets of equal sizes, with reference on each sheet to the adjoining
sheets.
Each preliminary plat or plan shall show the following information,
as such information is appropriate to the subdivision or site plan,
unless the municipal agency determines and so notifies the applicant
that such information either is unnecessary or inapplicable to the
particular subdivision or development plan:
1.
A key map showing the entire tract and its relation to the surrounding
areas, including lot lines and streets, at a scale of one inch equals
not more than 2,000 feet.
2.
Title block in accordance with the rules governing title blocks for
professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Township of Montgomery,
Somerset County, N.J.;
(b)
Name, title, address and telephone number of applicant;
(c)
Name, title, address, telephone number, license number, seal
and signature of the professional or professionals who prepared the
plat or plan;
(d)
Name, title and address of the owner or owners of record;
(e)
Scale (written and graphic); and
(f)
Date of original preparation and of each subsequent revision
thereof and a list of the specific revisions entered on each sheet.
3.
North arrow.
4.
Certification that the applicant is the owner of the land or his/her
properly authorized agent, or certification from the owner that he
or she has given his/her consent under an option agreement.
5.
If the applicant is a partnership or a corporation, the names and
addresses of all partners, or the names and addresses of all stockholders
owning 10% or more of any class of stock of the corporation in accordance
with N.J.S.A. 40:55D-48.1 et seq.
6.
Acreage to the nearest tenth of an acre (both within and without
areas within public rights-of-way) and a computation of the area of
the tract to be disturbed. For major subdivisions, the acreage of
the proposed lots (both within and without areas within public rights-of-way)
shall be provided, with a tabulation demonstrating that proposed lot
areas total existing lot areas (both within and without areas within
public rights-of-way).
8.
Existing tax sheet number(s) and existing block and lot number(s)
of the lot(s) to be subdivided or developed as they appear on the
Township Tax Map, and proposed block and lot number(s).
9.
The name(s) and block and lot number(s) of all property owners within
200 feet of the extreme limits of the tract as shown on the most recent
tax list prepared by the Township Tax Assessor.
10.
Tract boundary line (heavy solid line) and any existing and proposed
subdivision or property line(s) within the tract.
11.
Zoning district(s) affecting the tract, including district names
and all requirements, with a comparison to the proposed development,
and all zoning district(s) within 100 feet of the tract.
12.
The location of natural features, including but not limited to treed
areas, high points, marshes, depressions, and any extensive rock formations,
both within the tract and within 200 feet of its boundaries.
13.
Delineation of flood plains, including both floodway and flood fringe
areas, and Township stream corridors, both within the tract and within
200 feet of its boundary, and the source and date of the flood plain
information.
14.
Delineation of ponds, marshes, wetlands, wetland transition areas,
hydric soils, and lands subject to flooding, both within the tract
and within 200 feet thereof. A copy of the applicant's request for
a Letter Of Interpretation (LOI) from the New Jersey Department of
Environmental Protection (NJDEP) and the accompanying plan shall be
submitted for all delineated wetlands. Where an LOI has been received,
a copy of the NJDEP LOI and stamped approved plan shall be submitted
to the Township.
15.
All existing and proposed watercourses (including lakes and ponds)
within the tract and within 200 feet of the tract shall be shown and
be accompanied by the following information:
(a)
When a stream is proposed for alteration, improvement or relocation
or where a drainage structure or fill is proposed over, under, in
or along a running stream, a report on the status of review by the
State Department of Environmental Protection, Division of Water Resources,
shall accompany the submission.
(b)
Cross-sections of water courses and/or drainage swales showing
the extent of the flood plain, top of bank, normal water levels and
bottom elevations at the following locations where appropriate or
where required by the Board Engineer or Township Engineer:
(1)
At any point where a watercourse crosses a boundary of the tract.
(2)
At 100-foot intervals up to 500 feet upstream and downstream
of any point of juncture of two or more watercourses within the tract.
(3)
At 100-foot intervals for a distance of 500 feet upstream and
downstream of any proposed and/or existing culvert or bridge within
the tract.
(4)
At a maximum of 100-foot intervals, but not less than two locations,
along each watercourse which runs through or within 500 feet of the
tract.
(5)
When ditches, swales, stream or watercourses are to be altered,
and measures to control erosion and siltation, as well as typical
ditch sections and profiles, shall be shown.
(6)
The delineation of the floodways and flood fringe areas of all
watercourses within or adjacent to the tract.
(c)
The total acreage of the drainage basin of any watercourse running
through the tract.
(d)
The location and extent of drainage and conservation easements
and stream encroachment lines.
(e)
The location, extent and water level evaluation of all existing
or proposed lakes or ponds within the tract and within 200 feet of
the tract.
(f)
The size, direction of flow and the type of proposed surface
water management provisions to reasonably reduce and minimize exposure
to flood damage.
16.
Existing and proposed contours with intervals of one-foot where slopes are less than 5%; with intervals of two feet where slopes are shown between 5% and 10%; and with intervals of five feet where slopes exceed 10%, except where one-foot contours are required in Subsection 16-5.2m3 of this chapter to be shown in the area of disturbance. All contour information shall be related to U.S.G.S. datum and the local benchmark utilized on the subject site. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line; and lands with a topographic slope 15% or greater shall be shaded.
17.
Locations of all existing structures and their uses (with their numerical
dimensions and an indication as to whether existing structures will
be retained or removed), both within the tract and within 200 feet
of its boundary, including but not limited to buildings, paved areas,
railroads, bridges, culverts, drain pipes, any historic features such
as family burial grounds and buildings more than 50 years old, and
the existing and proposed front, rear and side yard setback distances
to a buildings.
18.
The location and size of existing structures such as water and sewer
mains, valves, hydrants, utility structures, gas transmission lines
and high tension power lines on the tract and within 200 feet of its
boundaries.
20.
Intentionally deleted.
21.
Size, height and location of all proposed buildings (including spot
elevations and grades), structures, signs and fences, including details
for any signs and sign lighting, fences and trash enclosures and provisions
for the separation and storage of recyclable materials.
22.
All dimensions and setbacks necessary to confirm conformity to the
chapter, such as the size of the tract and any proposed lot(s), the
number of lots being created, structure setbacks, structure heights,
yards, floor area ratios, building and lot coverages, the amount of
contiguous net usable acreage, the delineation of all "critical areas,"
as defined by this chapter, and the inscription of a 205-foot diameter
circle, where required for residential uses.
23.
The proposed location, height, size, direction of illumination, power
and type of proposed outdoor lighting, including details of lighting
poles, luminaries and the hours and time of lighting. The level of
illumination shall be provided in a point by point plan as well as
by isolux curves, and the average footcandle level of the area to
be illuminated shall be provided.
24.
Existing and proposed street and lot layout, with dimensions correct
to scale, showing that portion proposed for development in relation
to the entire tract, and existing lot lines to be eliminated.
25.
The location and design of any off-street parking or loading area,
showing the size and location of bays, aisles and barriers, curbing
and paving specifications and any associated signage.
26.
All means of vehicular access and egress to and from the site onto
public streets, showing the size and the location of driveways, sidewalks,
fire lanes and curb cuts, including the possible utilization of traffic
signals, channelization, acceleration and deceleration lanes, sight
triangle easements, additional width and other proposed devices necessary
to prevent a difficult traffic situation.
27.
Plans, typical cross sections and construction details, horizontal
and vertical alignments of the center line of all proposed streets
and of all existing streets abutting the tract including street names.
The vertical alignments shall be based on U.S.G.S. vertical datum
or a more specified datum supplied by the Township Engineer, including
curbing, sidewalks, street trees and planting strips, storm drains
and gutters, drainage structures and cross sections every half and
full station of all proposed streets and of all existing streets abutting
the tract.
(a)
Sight triangles, the radius of curblines and street sign locations
shall be clearly indicated at the intersections.
(b)
The width of cartway and right-of-way, location and width of
utility lines, type and width of pavement, final design grades, and
a profile of the top of curb within the bulb of any cul-de-sac shall
be included.
(c)
The width of additional right-of-way to be dedicated to the
Township or other appropriate governmental agency shall be shown as
specified in the Master Plan or Official Map and the street requirements
of this chapter.
29.
Plans, profiles and details of proposed improvements and utility
layouts including sewers, storm drains and water lines, and feasible
connections to gas, telephone and electrical utility systems, including
plans, profiles and details of all existing and proposed sanitary
sewage facilities and water mains with proposed connections.
(a)
If private utilities are proposed, they shall comply fully with
all Township, County, State and Federal regulations.
(b)
If service will be provided by an existing utility company,
in lieu of detailed plans, the developer shall present a statement
of interest, setting forth all public utility companies to serve the
development and a letter from each company stating that service will
be available before occupancy.
(c)
The preliminary plans shall recite all public utilities that
will serve the development.
(d)
Additionally, letters from the appropriate County and State
agencies granting approval for the extension of utility service(s)
under their respective jurisdiction shall be submitted with the application.
(e)
When individual on-site water is proposed, the plan for such
system shall be approved for each lot by the appropriate Township
and State agencies, and the date of approval by said agency shall
be indicated on the plat or plan.
30.
If the proposed lot(s) is (are) not served by a sanitary sewer, three
copies of the plan approved by the Township Board of Health, with
date of approval, of site evaluation tests, certified by a licensed
professional engineer, indicating that the proposed lot(s) can adequately
accommodate a septic system. The location(s) of the test hole(s) and
boring(s), soil logs, proposed location of the septic disposal areas
and reserve areas, test results, soil types, percolation rates and
compliance with the Individual Sewage Disposal Code of New Jersey
or applicable Township Board of Health Code, whichever may be more
restrictive, shall be shown on the plat and certified by a licensed
professional engineer.
31.
The names, location and width of all existing and proposed easements
and rights-of-way, the use(s) for which they are intended to be limited,
the manner in which the easements will be controlled, and to whom
they are granted.
32.
Any existing protective covenants or deed restrictions applying to
the land being developed shall be submitted with the application and/or
indicated on the submitted plat or plan. Any proposed deed descriptions,
easements, covenants, restrictions and roadway and sight triangle
dedications, including metes and bounds as applicable, shall be submitted
for approval and required signatures prior to filing with the County
Recording Officer.
33.
Plans for Soil Erosion and Sediment Control as required by N.J.S.A.
4:24-39 et seq. and in accordance with the Somerset County Soil Conservation
District.
34.
The existing and proposed permanent monuments shall be shown, in
accordance with the Map Filing Law, N.J.S.A. 46:23-9.9.
35.
An Environmental Impact Statement in accordance with Subsection 16-8.4c of this chapter, if required.
37.
If a survey is referenced, a copy of a signed and sealed survey by
a licensed New Jersey land surveyor, showing the tract boundary, topographic
information, existing conditions, and all "critical areas", as defined
by this chapter.
38.
Certification from the Township Tax Collector that all taxes and
assessments are paid to date, and certification from the Chief Financial
Officer or his/her designee that all prior escrow fees have been posted;
and, if the processing of the application extends into any subsequent
tax quarter, a current certificate from the Tax Collector shall be
required by the Board before approval may be granted.
39.
A list of all known licenses, permits and other forms of approval
required by law for the development and operation of the proposed
project. The list shall include approvals required by the Township,
as well as agencies of the County, State and Federal government. Evidence
of the submission of the application(s) for other agency approvals
having jurisdiction over the application and/or required by the Township
Engineer shall be submitted. Where approvals have been granted, copies
of said approvals shall be attached. Where approvals are pending,
a note shall be made to that effect.
40.
Concerning major site plans only, the proposed use and operations
of the buildings, the proposed number of shifts to be worked, the
maximum number of employees on each shift, and the hours of operation
open to public use.
41.
Concerning major site plans only involving the storage of hazardous substances (as defined in Ordinance No. 81-85 of the Board of Health of the Township of Montgomery, and as set forth at Section BH16-1 et seq. of the Board of Health Code), a proposal for the means of storage of hazardous substances in accordance with said Ordinance No. 81-85. In the event the Board of Health has not approved the means of hazardous substance storage by the time the Planning Board or Board of Adjustment renders it decision on the application, any approval by the Planning Board or Board of Adjustment shall be conditioned on the subsequent approval of the means of hazardous substance storage by the Board of Health in accordance with Ordinance No. 81-85 of the Board of Health.
42.
Where any clearing and/or construction of public improvements is proposed to commence prior to final approval a written statement from the applicant indicating this intent and his acknowledgement of the requirements of Subsection 16-9.2 of this chapter and, if the development is to be phased, the location of areas where such clearing or construction is proposed. The following additional information also is required to be submitted at this time:
(a)
A letter from the developer indicating that he/she shall be
proceeding with construction based upon a preliminary approval only
at his/her own risk and that he/she acknowledges that there are no
assurances that the improvements installed will be granted final approval.
(b)
A separate plan depicting the areas within the site where construction
shall be performed prior to final approval, including clearing and
grading limits, and a summary of the improvements that are proposed
to be constructed prior to final approval.
(c)
A separate plan depicting soil erosion and sediment control
measures which shall be implemented prior to final approval, the location
of topsoil and material stockpiles and construction staging areas,
and measures to protect existing trees and vegetation along clearing
limits.
(d)
If clearing and grading are proposed beyond the right-of-way
line on a proposed lot prior to final approval, a written explanation
setting forth the reasons for such clearing prior to final approval
and grading plan approval for the subject lot(s).
43.
In the case of any subdivision or site plan submission of a planned
development, the applicant shall be required to submit all of the
required information for all of the properties comprising the planned
development, regardless of whether the applicant is seeking approval
of the whole or a section of the planned development; specifically,
the applicant shall be required to show the interrelationship of each
portion of the project with the whole of the project considering land
use, traffic, open space, buffering, drainage and surface water management,
sewerage, potable water supply and any other specific planning considerations
as may be of particular relevance to a particular planned development.
44.
The Board reserves the right to require additional information before
granting preliminary approval when unique circumstances affect the
tract and/or when the application for development poses special problems
for the tract and surrounding area. Such information shall include,
but not be limited to, drainage calculations and traffic analyses,
provided however, that no application shall be declared incomplete
for the lack of such additional information.
c.
Environmental Impact Statement.
1.
General Provisions. The impact on the environment generated by land
development projects necessitates a comprehensive analysis of the
variety of problems that may result and the actions that can be taken
to minimize the problems. It is further recognized that the level
of detail required for various types of applications will vary depending
on the size of the proposal, the nature of the site, the location
of the project and the information already in the possession of the
Township. Therefore, having determined that some flexibility is needed
in preparing the Environmental Impact Statement, the requirements
for such a document pertaining to different types of development applications
are listed below:
(a)
All agricultural operations conducted in accordance with a plan
approved by the Soil Conservation District and all silviculture operations
conducted in accordance with a plan prepared by a professional forester
are specifically exempt from the Environmental Impact Statement requirements.
(b)
All variance applications submitted to the Board of Adjustment
pursuant to N.J.S.A. 40:55D-70d shall require an Environmental Impact
Statement in accordance with the requirements of this section. Any
other variance applications to the Zoning Board of Adjustment shall
not require an Environmental Impact Statement unless specifically
requested by the Board.
(c)
Any application for subdivision approval where 10 lots or less
are involved and all applications for minor site plan approval, either
to the Planning Board or to the Zoning Board of Adjustment, as the
case may be, shall not require an Environmental Impact Statement unless
specifically requested by the Board.
(d)
All preliminary major subdivision and/or preliminary major site
plan applications shall be accompanied by an Environmental Impact
Statement.
2.
Submission Format. When an Environmental Impact Statement is required,
the applicant shall retain one or more competent professionals to
perform the necessary work. The qualifications and background of the
professionals shall be provided, and the method of investigation shall
be described. All applicable material on file in the Township pertinent
to evaluation of regional impacts shall also be considered including
the Township Master Plan and Natural Resources Inventory. Furthermore,
as much original research as necessary shall be conducted to develop
the Environmental Impact Statement. All Environmental Impact Statements
shall consist of written and graphic materials which clearly present
the required information utilizing the following format:
(a)
Project Description. Indicate the purpose and scope of the proposed
project. Enumerate the benefits to the public which will result from
the proposed project and describe the suitability of the site for
the intended use. A description of the proposed project shall be presented
to indicate the extent to which the site must be altered, the kinds
of facilities to be constructed and the uses intended. The resident
population, working population and visitor population shall be estimated.
The compatibility or incompatibility of the proposed project shall
be described in relation to the following:
(b)
Site Description and Inventory. Provide a description of environmental
conditions on the site which shall include the following items:
(1)
Types of Soils. List and describe each soil type on the site.
If applicable, provide percolation data. Where the proposed area of
land disturbance will involve soils with moderate or severe limitations
relative to the type of project proposed, a complete mapping of all
soil types where the moderate and severe limitations exist.
(2)
Topography. Describe the topographic conditions on the site.
(3)
Geology. Describe the geologic formations and features associated
with the site as well as depth to bedrock conditions. Delineate those
areas where bedrock is within two feet of the surface as well as major
rock outcroppings.
(4)
Vegetation. Describe the existing vegetation on the site. A
map shall be prepared showing the location of major vegetative groupings
such as woodlands, open fields and wetlands. Where woodlands are delineated,
the forest types shall be indicated.
(5)
Wildlife. Identify and describe any unique habitats of endangered
or protected species.
(6)
Subsurface Water. Describe the subsurface water conditions on
the site both in terms of depth to ground water and water supply capabilities.
The location, depth, capacity and water quality of all existing water
wells on the site and within 500 feet of the site shall be indicated.
(7)
Distinctive Scenic and/or Historic Features. Describe and map
those portions of the site that can be considered to have distinctive
scenic and/or historic qualities.
(8)
Existing Development Features. Describe any existing features
on the site that are not considered to be part of the natural environment.
This may include, but not necessarily be limited to, roads, driveway
accesses, housing units, accessory structures, utility lines, etc.
(9)
Miscellaneous. When warranted, an analysis should be conducted
of existing air quality and noise levels as prescribed by the New
Jersey State Department of Environmental Protection.
(c)
Impact. Discuss both the adverse and positive impacts during
and after construction. Indicate those adverse impacts that are unavoidable.
The specific concerns that shall be considered include the following
and shall be accompanied by specific quantitative measurements where
possible and necessary:
(1)
Soil erosion and sedimentation resulting from surface runoff.
(2)
Flooding and flood plain disruption.
(3)
Degradation of surface water quality.
(4)
Ground water pollution.
(5)
Reduction of ground water capabilities.
(6)
Sewage disposal.
(7)
Solid waste disposal.
(8)
Vegetation destruction.
(9)
Disruption of wildlife habitats of endangered and protected
species.
(10)
Destruction or degradation of scenic and historic features.
(11)
Air quality degradation.
(12)
Noise levels.
(13)
Energy utilization.
(d)
Environmental Performance Controls. Describe what measures will
be employed during the planning, construction and operation phases
which will minimize or eliminate adverse impacts that could result
from the proposed project. Of specific interest are:
(e)
Licenses, Permits and Other Approvals Required by Law. The applicant
shall list all known licenses, permits and other forms of approval
required by law for the development and operation of the proposed
project. The list shall include approvals required by the Township,
as well as agencies of the County, State and Federal governments.
Where approvals have been granted, copies of said approvals shall
be attached. When approvals are pending, a note shall be made to that
effect.
(f)
Documentation. All publications, file reports, manuscripts or
other written sources of information which were first consulted and
employed in compilation of the Environmental Impact Statement shall
be listed. A list of all agencies and individuals from whom all pertinent
information was obtained orally or by letter shall be listed separately.
Dates and locations of all meetings shall be specified.
3.
Disposition by the Board. The Board shall review the information
furnished in the Environmental Impact Statement in the context of
the overall design of the proposed development and the relationship
of the proposed development to the environment. The information is
to be used solely to help insure that the proposed development will
cause no reasonably avoidable damage to any environmental resource.
d.
Traffic Impact Statement.
1.
General Provisions. The impact on the existing road systems generated
by land development necessitates a comprehensive analysis of the variety
of problems that may result and the actions that can be taken to minimize
the problems. Therefore, all preliminary major subdivision applications
resulting in the generation of more than 10 lots and/or all preliminary
major site plan applications shall be accompanied by a Traffic Impact
Statement unless specifically waived by the Board. Any application
for subdivision approval where less than 10 lots are involved and
all applications for minor site plan approval, either before the Planning
Board or Board of Adjustment as the case may be, shall not require
a Traffic Impact Statement unless specifically requested by the Board.
The Board may waive the requirement for a Traffic Impact Statement
totally or partially only if sufficient evidence is submitted to the
Board indicating that the proposed project will have a negligible
traffic impact, or, alternatively, that a complete report need not
be prepared and submitted in order to evaluate adequately the specific
traffic impact to be generated by the proposed development. The burden
of demonstrating the exceptions hereinabove stated shall at all times
rest with the applicant who must affirmatively demonstrate to the
Board the basis for the waiver request.
2.
Contents of Report. The Traffic Impact Statement shall contain the
following information:
(a)
Projections of traffic to be generated by the proposed development
for average daily, morning peak hour(s), afternoon peak highway hour(s)
and any other peak traffic condition deemed applicable as a result
of the type and/or location of the proposed generator. Traffic generation
rates should be based upon local indices, where available, or rates
promulgated by the Institute of Transportation Engineers, where local
indices are not available. All rates should be documented in the report.
Also, the method and data base upon which traffic approach route distributions
are based shall be fully documented. Any assumptions regarding the
diversion of existing traffic to alternative routes should be clearly
specified in the report.
(b)
The report shall contain documentation of existing conditions
on adjacent streets serving immediate site access/egress, including
roadway pavement width, rights-of-way, curb parking conditions, site
visibility, grade and curvatures of roadway and traffic control devices.
Existing traffic volumes or average daily and peak hour conditions
shall be presented with the source of data denoted.
(c)
Assessment of the traffic impact of the proposed development,
shall be provided, including estimates of levels of services. In preparing
these estimates, assumptions regarding the annual growth rate of existing
traffic should be fully documented. Capacity determination shall be
based upon normally accepted standards, with the basis of these estimates
clearly indicated. All substantial applications for development, both
within Montgomery Township and neighboring municipalities, which recently
have been built, are under construction, have been approved for construction
or are being considered for approval shall be factored in the analysis.
In the event the project is staged over a period of time, independent
estimates for each stage shall be provided.
(d)
In the event that roadway deficiencies are identified for existing
and/or future conditions, specific recommendations for the resolution
of these problems shall be addressed in the report. The report shall
contain a listing of any and all actions to be undertaken by the applicant
to resolve or minimize traffic problems and, as such, shall be considered
a firm offer by the applicant to undertake said actions, subject to
approval by the Board.
(e)
Any alteration or amendment to the development application which
would substantially alter specific land uses, site acreage, building
floor area, highway access design or any other feature which could
cause a significant change in traffic generation rates shall require
the submission of a revised Traffic Impact Statement.
(f)
In situations where State or County highways are adjacent to
and/or potentially impacted by the proposed project, a copy of the
report shall be provided to the Commissioner of Transportation, New
Jersey Department of Transportation for State Highways, and the Somerset
County Department of Transportation for County highways for their
review and comment.
3.
Disposition by the Board. The Board shall review the information
furnished in the Traffic Impact Statement in the context of the overall
design of the proposed development and the traffic impact of the proposed
development on the affected roadway system. The information is to
be used to determine whether or not the proposed development will
create any negative impact(s) upon the roadway system, adjacent properties
or the zone plan of the municipality. The Traffic Impact Statement
shall be forwarded to the Township Traffic Consultant for review and
comment.
e.
Action by the Township.
1.
The Planning Board or Zoning Board of Adjustment, as the case may
be, and/or the Development Review Committee, shall review the major
subdivision or major site plan application for the purpose of determining,
within 45 days of its submission, whether said application is complete.
Thereafter:
(b)
If said application is found to lack some of the information required by Subsections 16-8.4b or 16-8.4c of this chapter, said Board or Development Review Committee shall either:
(1)
Cause the applicant to be notified, in writing, that said application
is incomplete, specifying the deficiencies in the application; or
(2)
If the Board reasonably concludes that the missing items of
information are not necessary for it to make an informed decision
on the application, said Board may waive the requirement that said
items be supplied as a prerequisite for completeness and certify that
the application is complete notwithstanding the missing items.
(d)
In the event the Board and/or Development Review Committee fails
to act pursuant to subparagraphs e1(b)(1), or e1(b)(2) hereinabove
within 45 days of the date of submission of the application, said
application shall be deemed complete as of the 46th day following
its submission.
2.
On the date the aforesaid application is certified complete, or on
the 46th day following the submission of the application, in the event
the Board fails to make a determination of completeness, as the case
may be, the applicable time period within which the Board must act
upon the application shall commence. In any case, the applicant is
obliged to prove that he or she is entitled to approval of the application.
The Board may subsequently require correction of any information found
to be in error, may require submission of additional information not
specified in this chapter, and/or may require revisions in the application
documents; as are reasonably necessary to make an informed decision
as to whether the requirements for approval of the application have
been met, provided that the application shall not be deemed incomplete
for lack of any such additional information or revisions.
3.
Promptly after certification of completeness, the application documents
shall be distributed by the Administrative Officer to the following:
(a)
The Planning Board or the Zoning Board of Adjustment, as the
case may be, (nine copies of the preliminary plat or plan and nine
copies of the application and any protective covenants or deed restrictions);
(b)
Subdivision Committee or Site Plan Committee, as the case may
be (four additional copies of the preliminary plat or plan and four
additional copies of the application);
(c)
Somerset County Planning Board (two copies each of the preliminary
plat or plan, the application and any protective covenants or deed
restrictions);
(d)
Planning Board Attorney (one copy each of the preliminary plat
or plan, the application and any protective covenants or deed restrictions);
(e)
Township Administrator (one copy each of the preliminary plat
or plan, the application and any protective covenants or deed restrictions);
(f)
Township Planner (one copy each of the preliminary plat or plan,
the application and any protective covenants or deed restrictions);
(g)
Township Engineer (one copy each of the preliminary plat or
plan, the application and any protective covenants or deed restrictions);
(h)
Construction Official (one copy of the preliminary plat or plan);
(i)
Zoning Officer (one copy of the preliminary plat or plan);
(j)
Township Board of Health (one copy of the preliminary plat or
plan);
(k)
Township Environmental Commission (one copy of the preliminary
plat or plan);
(l)
Somerset/Union Soil Conservation District (one copy of the preliminary
plat or plan);
(m)
Township Tax Assessor (one copy of the preliminary plat or plan);
(n)
Public Safety Committee (one copy of the preliminary plat or
plan);
(o)
Economic Development Committee (one copy of the preliminary
plat or plan);
(p)
Township Clerk (one copy of each of the preliminary plat or
plan, the application and any protective covenants or deed restrictions
for the Township's files);
(q)
At the direction of the Planning Board or the Zoning Board of
Adjustment, as the case may be, additional copies of the preliminary
plat or plan shall be sent to other Township, County or State agencies
as may be designated by the Board.
4.
The Planning board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Subsection 16-8.1a2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
5.
The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more then 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Subsection 16-8.1a2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
6.
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction as prescribed in Subsections 18-8.4d4 and 18-8.4d5 hereinabove in cases where the applicant has requested a use variance in accordance with N.J.S.A. 40:55D-70d and Subsection 16-7.2d of this chapter. All aspects of the application shall be acted upon within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
7.
Any proposed application for development determined by the Board
to be creating, imposing, aggravating or leading to the possibility
of an adverse effect upon either the property in question or upon
any adjacent properties, may be required to be revised to mitigate
any adverse effect(s) prior to further review or approval by the Board,
or, where the remaining portion of the original tract is sufficient
to be subdivided or further developed, the applicant may be required
to submit a sketch of the entire portion of the tract to indicate
a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any such
adverse effect.
8.
In the case of planned developments only, the Board shall find the
following facts and conclusions prior to granting approval:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in section 16-6 of this chapter pursuant to N.J.S.A. 40:55D-65c.
(b)
That the proposals for maintenance and conservation of the common
space are reliable, and the amount, location and purpose of the common
open space are adequate;
(c)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(d)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
9.
All hearings held on applications for preliminary major subdivision approval (and in certain cases preliminary major site plan approval) shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see Subsection 16-7.6d).
10.
The recommendation of those agencies and officials to whom the preliminary
plat or plan was forwarded shall be given careful consideration in
the final decision on the development application. If the County Planning
Board or the Township Engineer approve the preliminary submission,
such approval shall be noted on the plat or plan. If the Board acts
favorably on the preliminary plat or plan, the Township Engineer and
the Chairman and Secretary of the Board (or the acting Chairman or
Secretary, where either or both may be absent) shall affix their signatures
to at least 10 copies of the plat or plan with the notification that
it has been approved. The applicant shall furnish such copies to the
Board.
11.
Should minor revisions or additions to the plat or plan be deemed
necessary, the Board may grant preliminary approval subject to specified
conditions and receipt of revised plans within 30 days from the date
of said approval. Should substantial revisions be deemed necessary,
the Board shall require that an amended plat or plan be submitted
and acted upon as in the case of the original application.
12.
If the Board, after consideration and discussion of the preliminary
plat or plan, determines that it is unacceptable, a notation shall
be made by the Chairman of the board to that effect on the plat or
plan and a resolution adopted in accordance with subsection of this
chapter setting forth the reasons for such rejection. One copy of
the plat or plan and said resolution shall be returned to the applicant
within 10 days of the adoption of said resolution.
f.
Effect of Preliminary Approval.
1.
Preliminary approval shall confer upon the applicant the following
rights for a three year period from the date of preliminary approval:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to: use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; and off-tract improvements; and in the
case of a site plan, any requirements peculiar to site plan approval;
except that nothing therein shall be construed to prevent the municipality
from modifying by chapter such general terms and conditions of preliminary
approval as relate to public health and safety;
(b)
That the applicant may submit for final approval, on or before
the expiration date of preliminary approval, the whole or a section
or sections of the preliminary plat or plan; and
(c)
That the applicant may apply for and the Board may grant extensions
on such preliminary approval for additional periods of at least one
year, but not to exceed a total extension of two years, provided that
if the design standards have been revised by ordinance, such revised
standards may govern.
2.
In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in Subsection 16-8.4f1 hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:
3.
The applicant may apply for thereafter, and the Board may thereafter
grant, an extension to preliminary approval for such additional period
of time as shall be determined by the Board to be reasonable taking
into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
(b)
The potential number of dwelling units and nonresidential floor
area of the section or sections awaiting final approval;
(c)
Economic conditions;
(d)
The comprehensiveness of development; and
(e)
Provided that if the design standards have been revised by ordinance,
such revised standards may govern.
4.
When the applicant wishes to start site disturbance pursuant to an
approved preliminary subdivision or site plan, the applicant shall
apply to the Engineer for a permit to undertake said work. The permit
shall not be issued unless all of the conditions of the preliminary
approval have been satisfied.
[1]
Editor's Note: The checklists are included as an attachment to this chapter.
[Ord. #85-482, S 805; Ord. #85-489, S 1G; Ord. #85-495, S
1; Ord. #88-584, S VI H, I; Ord. #89-637, S 1; Ord. #93-769, S 3;
Ord. #93-795, S 1; Ord. #95-822, S 1; Ord. #01-1036, S 2; Ord. #08-1294,
S 7; amended 12-17-2020 by Ord.
No. 20-1646; 4-18-2024 by Ord. No. 24-1722]
a.
Procedure for Submitting Final Plats and Final Plans. A final plat or final plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer at least 21 days prior to the second Monday of the month: 26 copies of the final major subdivision plat or final major site plan; 26 copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans, and agrees to be bound by it.
b.
Details Required for Final Major Subdivision Plats and Final Major
Site Plans. The following information shall be submitted:
2.
All additional details required at the time of preliminary approval
shall be submitted; a copy of the signed preliminary plat or plan
in conformance with the resolution of approval shall be on file with
the Township.
3.
A section or staging plan, if proposed, indicating the portion of
the tract to be considered for final approval as part of the current
application and the relationship of the portion of the tract to the
remaining land area, including all applicable comparisons such as
parking spaces, building coverage, lot coverage, open space areas
and number of lots.
4.
In the case of major subdivisions only, the subdivision plat shall
include all information and data required by the Map Filing Law, N.J.S.A.
46:23-9.9, et seq.
5.
Detailed signed and sealed architectural and engineering data including:
(a)
An architect's design drawing of each building and sign or a
typical building and sign showing front, side and rear elevations.
(b)
Cross-sections, plans, profiles and established grades of all
streets, aisles, lanes and driveways, including center line geometry
and horizontal alignments with bearings, radii and tangents.
(c)
Plans and profiles of all storm and sanitary sewers and water
mains.
(d)
All dimensions of the exterior boundaries of any subdivision
shall be balanced and closed to a precision of one to 5,000 and the
dimensions of all lot lines to within one to 10,000. All dimensions,
angles and bearings must be tied to at least two permanent monuments
not less than 300 feet apart and all information shall be indicated
on the plat. At least one corner of the subdivision shall be tied
horizontally to the New Jersey State Grid Coordinate System and vertically
to the U.S. Geodetic Survey System, with the data on the plat as to
how the bearings were determined.
6.
Evidence that a duplicate copy(ies) of the application for development
has been filed with any other agency having jurisdiction over any
aspect of the proposed development, if not supplied at the time of
preliminary.
7.
The final submission shall be accompanied by the following documents:
(a)
Certification from the Township Tax Collector that all taxes
and assessments are paid to date, and certification from the Chief
Financial Officer or his/her designee that all prior escrow fees and
other applicable fees have been posted; and, if the processing of
the application extends into any subsequent tax quarter, a current
certificate from the Tax Collector shall be required by the Board
before approval may be granted.
(b)
Letters directed to the Chairman of the Board and signed by
a responsible official of the lighting agency, water company, sewer
utility and of any other company or governmental authority or district
which provides accessory utility service and has jurisdiction in the
area, approving each proposed utility installation design and stating
who will construct the facility and that the applicant paid the required
fees for the utility connections and service or installed all utility
improvements in accordance with the requirements of this chapter so
that service will be available prior to occupancy. The designing engineer(s)
shall certify to the Board that the existing cross-section(s) and
profile(s) have been run in the field and the field notes shall be
forwarded to the Township Engineer.
(c)
The applicant shall certify in writing to the Board that he
has:
(d)
A statement from the Township Engineer that:
(1)
All improvements installed prior to application have been inspected, as provided in Subsection 16-9.2 of this chapter and as-built drawings have been submitted by the applicant for the installed improvements; and
(2)
That such improvements installed prior to application for final
approval that do not meet or exceed Township standards shall be factored
into the required performance guarantee.
8.
Concerning major subdivisions only, a sales map in the following
format and containing the information noted herein below. The developer
of the subject major subdivision shall provide all contract purchasers
with a copy of the sales map at the time of contract and maintain
a record of the contract purchasers' receipt of the sales map for
the Township's reasonable inspection.
(a)
The sales map shall be at a scale of not more than 100 feet
to the inch;
(b)
The sales map shall identify the location of all on-site flood
hazard areas, streams and stream corridors, ponds, wetlands, wetland
buffers, steep slopes and stormwater facilities and, to the extent
available from preexisting public records, such features within 200
feet of the development also shall be identified;
(c)
The sales map shall show the location and recite the terms of
any and all deed restrictions and/or easements on each individual
lot within the subdivision;
(d)
The sales map shall show the zoning district classification
of all property within the development and within 2,000 feet of the
development, both within and outside of the Township, including a
brief description of the permitted uses in each zoning district;
(e)
The sales map shall show the development plan for the subject
property and all land contiguous thereto for a distance of 2,000 feet
from the perimeter of the development, including lands outside of
the Township, with the following information indicated thereon:
(1)
The location of all streets, with those streets to be connected
to the proposed development clearly highlighted;
(2)
The location of all State, County and Township roads, both in
existence and/or proposed by any governmental agency having jurisdiction
to establish such roads. If any such roads are shown on the Township
Master Plan, they shall be indicated on the sales map;
(3)
The location of all railroads, rights-of-way, airports, heliports,
airport runways, air safety zones, air traffic patterns as approved
by the New Jersey Department of Transportation or other agency having
jurisdiction for airports located within the Township, landfills,
power transmission lines and easements, pipe lines, rights-of-way
for public utilities and any existing utilities;
(4)
The location of all solid waste and wastewater treatment facilities
in existence, proposed or which have been closed; and
(5)
The location of all schools, recreational facilities, parks,
playgrounds, open space and public buildings, existing and proposed.
Sales maps required pursuant to this subsection shall be annually
reviewed by the developer or his/her successors and assigns with the
Township Planning Director or his/her designee, and revised by the
developer to include new or changed information. Any revisions to
the sales map shall be also filed with the Township Planning Department.
The obligations to post and revise a sales map shall cease when the
certificate of occupancy for the last dwelling in the development
has been issued. The developer shall provide all contract purchasers
with a copy of the sales map at the time of contract and maintain
a record of the contract purchasers' receipt of the sales map for
the Township's reasonable inspection.
9.
Where proposed, the location of temporary construction trailers,
temporary sales trailers or centers, models, and/or temporary signs.
10.
If the development is subject to the requirements pertaining to the establishment of escrows for underground water storage tank systems and ancillary fire protection wells as set forth in Subsections 16-5.16d1 and 16-9.3c4(b), a notation shall appear on the final plan that the escrow deposit for each lot must be posted prior to the issuance of the building permit for the principal structure that will be located on the subject lot.
c.
Action by the Township.
1.
The Planning Board or Zoning Board of Adjustment, as the case may
be, and/or the Development Review Committee, shall review the aforesaid
application for the purpose of determining within 45 days of its submission,
whether said application is complete. Thereafter:
(a)
If said application is found to contain all of the information required by Subsection 16-8.5b of this chapter, said Board or Development Review Committee shall certify that said application is complete.
(b)
If said application is found to lack some of the information required by Subsection 16-8.5b of this chapter, said Board or Development Review Committee shall either:
(1)
Cause the applicant to be notified, in writing, that said application
is incomplete, specifying the deficiencies in the application; or
(2)
If the Board reasonably concludes that the missing items of
information are not necessary for it to make an informed decision
on the application, said Board may waive the requirement that said
items be supplied as a prerequisite for completeness and certify that
the application is complete notwithstanding the missing items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection 16-8.5b and said request shall be granted or denied by the Board within 45 days.
(d)
In the event the Board and/or Development Review Committee fails to act pursuant to Subsections 16-8.5c1(b)(1) or 16-8.5c(b)(2) hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth day following its submission.
2.
On the date the aforesaid application is certified complete, or on
the 46th day following the submission of the application, in the event
the Board fails to make a determination of completeness, as the case
may be, the applicable time period within which the Board must act
upon the application shall commence. In any case, the applicant is
obliged to prove that he or she is entitled to approval of the application.
The Board may subsequently require correction of any information found
to be in error, may require submission of additional information not
specified in this chapter, and/or may require revisions in the application
documents; as are reasonably necessary to make an informed decision
as to whether the requirements for approval of the application have
been met, provided that the application shall not be deemed incomplete
for lack of any such additional information or revisions.
3.
Promptly after certification of completeness, the application documents
shall be distributed by the Administrative Officer to the following:
(a)
The Planning Board or the Zoning Board of Adjustment, as the
case may be, (nine copies of the final plat or plan and nine copies
of the application);
(b)
Subdivision Committee or Site Plan Committee, as the case may
be, (four additional copies of the final plat or plan and four additional
copies of the application);
(c)
Somerset County Planning Board (two copies each of the final
plat or plan and the application);
(d)
Planning Board Attorney (one copy each of the final plat or
plan and the application);
(e)
Township Administrator (one copy each of the final plat or plan
and the application);
(f)
Township Planner (one copy each of the final plat or plan and
the application);
(g)
Township Engineer (one copy each of the final plat or plan and
the application);
(h)
Construction Official (one copy each of the final plat or plan);
(i)
Zoning Officer (one copy each of the final plat or plan and
the application);
(j)
Township Board of Health (one copy each of the final plat or
plan and the application);
(k)
Township Environmental Commission (one copy each of the final
plat or plan and the application);
(l)
Somerset/Union Soil Conservation District (one copy each of
the final plat or plan and the application);
(m)
Township Clerk (one copy each of the final plat or plan and
the application for the Township's files);
(n)
At the direction of the Planning Board or the Zoning Board of
Adjustment, as the case may be, additional copies of the final plat
or plan shall be sent to other Township, County or State agencies
as may be designated by the Board.
4.
The Board shall take action of final site plan and final subdivision
applications within 45 days after the application has been certified
complete or within such further time as may be consented to by the
applicant. Failure of the Board to act within the prescribed time
period shall constitute approval of the application.
5.
The recommendations of those agencies and officials to whom the final
plat or plan was submitted shall be given careful consideration in
the final decision on the development application. If the County Planning
Board or the Township Engineer approve the final submission, such
approval shall be noted on the plat or plan. If the Board acts favorably
on the final plat or plan, the Township Engineer and the Chairman
and Secretary of the Board (or the acting Chairman or Secretary, where
either or both may be absent) shall affix their signatures to at least
10 paper copies of the plat or plan with the notification that it
has been approved. The applicant shall furnish such copies to the
Board for signing. Moreover, in the case of final subdivisions only,
the applicant shall include for signing one cloth copy and at least
two mylar copies of the approved plat in addition to the 10 paper
copies.
6.
After the approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with Subsection 16-7.6f of this chapter.
(a)
Administrative Officer (one paper copy);
(b)
Township Engineer (one paper copy and, in the case of subdivisions
only, one mylar copy drawn to the tax map scale of one inch equals
100 feet or one inch equals 400 feet, as directed by the Township
Engineer);
(c)
Construction Official (one paper copy);
(d)
Township Tax Assessor (one paper copy);
(e)
The applicant (one paper copy and, in the case of subdivisions
only, one mylar copy); and
(f)
Such other Township, County or State agencies and officials
as directed by the Board.
7.
Final approval of a major subdivision shall expire 95 days from the
signing of the plat unless within such period the plat shall have
been duly filed by the developer with the Somerset County Clerk. The
Board, for good cause shown, may extend the period of recording for
an additional period not to exceed 190 days from the date of signing
the plat. The Board may also extend the 95 days or 190-day period
if the developer proves to the reasonable satisfaction of the Board
(1) that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental entities, and (2) that the developer applied
promptly for and diligently pursued the required approvals. The length
of such an extension shall be equal to the period of delay caused
by the wait for the required approvals, as determined by the Board.
Developer may apply for an extension either before or after the original
expiration date.
8.
If the Board, after consideration and discussion of the final plat
or plan, disapproves the submission, a notation to that effect shall
be made by the Chairman of the Board on the plat or plan. The Secretary
of the Board, within 10 days of such adoption, shall notify the applicant
of such disapproval and forward the applicant a copy of the adopted
resolution setting forth the reasons for the disapproval.
9.
In the case of APT/TH and PRD developments only, final approval shall
not be granted for any section of the development unless, within the
entire development if developed in one stage, or within each stage
of the development if staged, the construction and issuance of certificates
of occupancy for 'low' and 'moderate' income units has not yet met
the following phasing schedule to assure that the construction of
both types of units occurs in tandem:
|
Market Rate Housing Percentage
(Maximum)
|
Low and Moderate Income Housing Percentage
(Minimum)
|
|---|---|
|
Up to 25%
|
0% (none required)
|
|
25% + 1 unit
|
At least 10%
|
|
Up to 50%
|
At least 25%
|
|
Up to 75%
|
At least 50%
|
|
75% + 1 unit
|
At least 75%
|
|
Up to 90%
|
100%
|
d.
Effect of Final Approval.
1.
Final approval of a subdivision or site plan shall confer upon the
applicant the following rights for a period of two years from the
date of final approval:
(a)
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed.
(b)
If the developer has followed the standards prescribed for final
approval, the Board may extend the period of protection for extensions
of one year each, not exceeding three of such extensions.
2.
In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in Subsection 16-8.5d1 hereinabove for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:
3.
The developer may apply thereafter and the Board may thereafter grant
an extension to preliminary approval for such additional period of
time as shall be determined by the Board to be reasonable taking into
consideration:
[1]
Editor's Note: The checklists are included as an attachment to this chapter.
a.
Applicability. In order to provide flexibility in the review process of large planned residential developments within the Township, an optional pre-preliminary submission review process, to be known as "concept test plan review," shall be established for planned residential developments where, pursuant to the requirements of Subsection 16-6.5, such planned residential developments may be located. An applicant proposing a planned residential development is not required to submit to the concept test plan review process, but may, instead, immediately make application, and follow the required procedures for preliminary submissions as set forth in Subsection 16-8.4. The concept test plan review option shall not be available to applicants seeking any type of variance pursuant to N.J.S.A. 40:55D-70d.
b.
Details Required for Concept Test Plan Review. All details specified in Subsection 16-8.4b, subparagraphs 1 through 11 for preliminary submissions shall be required for all planned residential development concept test plan review submissions under this subsection. Additionally, the following information and mapping shall be submitted:
1.
A land use plan shall be submitted, indicating the entire tract area
and the specific land areas to be devoted to the specific land uses
in accordance with the applicable Land Development Ordinance requirements,
including both maps and descriptive text.
(a)
Residential land areas shall be documented as to acreage, specific
density, the type of residential dwelling units proposed, and the
number of units to be set aside for Mt. Laurel II households. The
accompanying mapping shall include footprints of all proposed buildings
with typical dimensions, the location of parking areas and number
of parking spaces, typical distances between buildings and from tract
boundary lines and adjacent land areas devoted to a different type
of land use, and general calculations of impervious surface coverage,
disaggregating building coverage from parking/driveway/street coverage.
(b)
If the development of permitted commercial uses is proposed,
the intended location of such uses shall be indicated with a description
of the intended percentage of floor area to be devoted to the various
specific commercial uses permitted in planned residential developments.
The accompanying mapping shall include footprints of all proposed
buildings with typical dimensions, the location of parking areas and
number of parking spaces, typical distances between buildings and
from tract boundary lines and adjacent land areas devoted to a different
type of land use, and general calculations of impervious surface coverage,
separating building coverage and parking/driveway/street coverage.
2.
An open space and recreational plan shall be submitted, indicating the areas to be devoted to open space, conservation, and recreational purposes. The area shall be mapped in conjunction with the residential and commercial areas noted hereinabove. Documentation shall accompany the open space and recreational plan showing that the requirements of Subsection 16-6.5d regarding open space have been satisfied.
3.
A traffic circulation plan shall be submitted, indicating all existing
and proposed collector streets, typical road cross-sections and critical
elevations and grades. The plan shall indicate how the overall road
network relates to the terrain, the overall design of the planned
residential development, plans of the New Jersey Department of Transportation
and Somerset County, if any, and the road network of Montgomery Township
and neighboring municipalities.
4.
A utility plan shall be submitted, indicating existing and proposed
collector and trunk sewer and water lines, pump stations, wells and
sewage treatment plants and tract connections to electric, gas and
telephone facilities.
5.
A drainage plan shall be submitted, indicating the proposed method of controlling and draining water on and from the site and including sufficient supportive calculations as required by the Township Engineer in order to ascertain the adequacy of the drainage plan. Additionally, a conceptual description of the intended soil erosion and sediment control plan required by Subsection 16-8.4 at the time of preliminary review shall be submitted.
7.
A staging plan shall be submitted where the planned residential development
is intended to be developed over a number of years, indicating the
areas to be developed over a number of years, indicating the areas
to be developed in each stage and the priority of each stage. The
eventual development of each stage shall be specifically related to
the land use plan, traffic circulation plan, drainage plan and utility
plan to ensure that the staging plan is a workable one and that a
reasonable balance of the different components of the proposed development
are maintained in each stage. The submitted staging plan shall specifically
address the provision of the 'low' and 'moderate' income housing units
required by this chapter.
c.
Review and Action by the Township.
1.
Applications for concept test review shall be submitted to the Administrative Officer at least 14 days prior to the second Monday of the month. A total of 28 copies of the application shall be submitted, together with the fee required by section 16-9 and 22 copies of any protective covenants or deed restrictions applying to the land being developed. The applicant shall sign an acknowledgement stating that the applicant is familiar with the procedure herein set forth for concept test review and agrees to be bound by it. The Administrative Officer shall process the application and shall assign it an application number which number shall appear on all papers, maps, plots or plans and other documents submitted for processing in conjunction with the application. The Planning Board and its professional advisors and a specially designated Review Committee that shall meet no less than two times per calendar month shall review the concept test plan application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:
(a)
If said application is found to contain all of the information required by Subsection 16-8.6b of this chapter, said Board shall certify that said application is complete.
(b)
If said application is found to lack some of the information required by Subsection 16-8.6b of this chapter, said Board shall either:
(1)
Cause the applicant to be notified, in writing, that said application
is incomplete specifying the deficiencies in the application; or
(2)
If the Board reasonably concludes that the missing items of
information are not necessary for it to make an informed decision
on the application, said Board may waive the requirement that said
items be supplied as a prerequisite for completeness and certify that
the application is complete notwithstanding the missing items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection 16-8.6b and said request shall be granted or denied by the Board within 45 days.
(d)
In the event the Board fails to act pursuant to Subsections 16-8.6c1(b)(1), or 16-8.6c1(b)(2) hereinabove within 45 days of the date of submission of the application, said application shall be deemed incomplete as of the 46th day following its submission.
2.
On the day the aforesaid application is certified complete, or on
the 46th day following the submission of the application, in the event
the Board fails to make a determination of completeness, as the case
may be, the applicable time period within which the Board must act
upon the application shall commence. In any case, the applicant is
obliged to prove that he or she is entitled to approval of the application.
The Board may subsequently require correction of any information found
to be in error, may require submission of additional information not
specified in this subsection, and/or may require revisions in the
application documents; as are reasonably necessary to make an informed
decision as to whether the requirements for approval of the application
have been met, provided that the application shall not be deemed incomplete
for lack of any such additional information or revisions.
3.
Promptly after certification of completeness, the concept test plan application documents shall be distributed by the Administrative Officer in the same manner as set forth in Subsection 16-8.4d3 of this chapter.
4.
The Planning Board shall take action on the concept test plan applications within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the concept test plan application; provided that any concept test plan application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-70C and Subsection 16-8.1a2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
5.
Any proposed application for development determined by the Board
to be creating, imposing, aggravating or leading to the possibility
of an adverse effect upon either the property in question or upon
any adjacent properties, may be required to be revised to mitigate
the adverse effect(s) prior to further review or approval by the Board,
or, where the remaining portion of the original tract is sufficient
to be subdivided or further developed, the applicant may be required
to submit a sketch of the entire portion of the tract to indicate
a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any such
adverse effect.
6.
The Board shall find the following facts and conclusions prior to
granting concept test plan approval:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in section 16-6 of this chapter pursuant to N.J.S.A. 40:55D-65C;
(b)
That the proposals for maintenance and conservation of the common
space are reliable, and the amount, location and purpose of the common
open space are reliable, and the amount, location, and purpose of
the common open space are adequate;
(c)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation visual enjoyment are
adequate;
(d)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
7.
All hearings held on application for concept test plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (See Subsection 16-7.6d.).
d.
Effect of Concept Test Plan Approval. Approval of a concept test
plan by the Planning Board shall not bind either the Planning Board
or applicant to any specific aspects of the concept test plan; however,
approval of a concept test plan shall mean the following:
1.
That the concept test plan shall not be substantially changed unless
agreed to between the applicant and the Township. In this regard,
it is recognized and anticipated that modifications and refinements
shall be made to the concept test plan as formal preliminary and/or
final plans are submitted and approved from time to time for the various
stages of the planned residential development.
2.
No portion of any lands having received concept test plan approval
shall be conveyed separately from the entire lands having received
concept approval until said portion has received formal preliminary
site plan approval.
3.
That formal preliminary and/or final applications, in accordance
with the requirements of this chapter, may be submitted by the applicant
for review and approval, either for the entire planned residential
development or for a stage or stages thereof. All such formal preliminary
and/or final submissions shall be accompanied by a revised concept
test plan which shall contain all information, details and documentation
which have been generated and approved prior to the submission date.
[Ord. #14-1477 S 4]
a.
Need for a General Development Plan (GDP).
1.
In accordance with a June 24, 2014 settlement agreement between Montgomery Township and the plaintiff Country Club Meadows, and based upon a June 11, 2014 Conceptual Development Plan, the zoning ordinance provisions in section 16-4.15 of this chapter have been created to govern the development of the Belle Mead Planned Unit Development ("BMPUD").
2.
As permitted by the Municipal Land Use Law (MLUL) via its definition
of a "Planned Unit Development," all the land comprising the "Belle
Mead PUD" are zoned into and labeled as a single zoning district.
3.
Additionally, given the fact that there are four sub-development
areas, it is prudent for the Township Planning Board to formally approve
the June 11, 2014 Conceptual Development Plan as a prerequisite to
the approval of any site plan application for one of the sub-development
areas.
4.
At N.J.S.A. 40:55D-45.1, the MLUL provides a mechanism for the approval
of a General Development Plan (GDP), which is defined as a "comprehensive
plan for the development of a planned development." It should be noted
and understood that most, if not all, of the information required
for the approval of a GDP by the Planning Board for the Belle Mead
PUD already has been prepared by Country Club Meadows as part of the
settlement proceedings, and it is not the purpose or intent of the
GDP approval to require an excessive amount of new material to be
prepared. Instead, the applicant will more simply have to package
the existing material for submission to the Board.
5.
However, the approval of a GDP by the Planning Board for the Belle
Mead PUD is important because it keeps the approval of the entire
PUD under one umbrella and under the authority of the Planning Board
and, therefore, will prevent the fragmentation of the four sub-development
areas into separate land areas detached from the June 11, 2014 Conceptual
Development Plan.
b.
Required Contents of the General Development Plan (GDP). The GDP
for the Belle Mead PUD shall include the following:
1.
A general Land Use Plan based upon the June 11, 2014 Conceptual Development
Plan at a scale of one inch equals 150 feet indicating the four BMPUD
sub-development areas and the general locations of the land uses to
be included in the PUD.
(a)
The total number of dwelling units and amount of nonresidential
floor area to be provided and proposed land area to be devoted to
residential and nonresidential use shall be set forth.
(b)
In addition, the proposed types of nonresidential uses to be
included in the PUD shall be set forth, and the land area to be occupied
by each proposed use shall be indicated.
(c)
The density and intensity of use for the entire PUD and its
four sub-development areas shall be set forth, and a residential density
and a nonresidential floor area ratio shall be provided;
2.
A general Circulation Plan based upon the June 11, 2014 Conceptual
Development Plan showing the general location and types of transportation
facilities for vehicles, pedestrians and bicyclists within the PUD
and any proposed improvements to the existing circulation system outside
the PUD;
3.
A general Open Space Plan based upon the June 11, 2014 Conceptual
Development Plan showing the proposed land areas to be set aside for
conservation and recreational purposes and a general description of
improvements proposed to be made thereon;
4.
A general Stormwater Management Plan based upon the June 11, 2014
Conceptual Development Plan setting forth the proposed method and
feasibility of controlling and managing storm water within the PUD;
5.
A general Housing Plan based upon the June 11, 2014 Conceptual Development
Plan indicating the number of affordable housing units being provided
and their conformance with COAH's Substantive Rules;
6.
A general Proposed Timing Schedule including any terms or conditions
which are intended to protect the interests of the public and of the
residents who occupy any section of the PUD prior to the completion
of the development in its entirety; and
7.
A Municipal Development Agreement which shall be the executed June
24, 2014 settlement agreement between Montgomery Township and the
plaintiff Country Club Meadows.
c.
Submission of General Development Plan (GDP).
1.
The developer of the Belle Mead Planned Unit Development (BMPUD)
shall submit a GDP to the Planning Board prior to the granting of
preliminary approval of any portion of the PUD.
2.
The Planning Board shall grant or deny GDP approval within 95 days
after submission of a complete application to the Township, or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
GDP approval of the PUD.
3.
The term of the effect of the GDP approval shall be determined by
the Planning Board, but shall not in any case exceed 20 years from
the date upon which the developer receives final approval of the first
section of the PUD.
4.
In making its determination regarding the duration of the effect
of approval of the GDP, the Planning Board shall consider: the number
of dwelling units or amount of nonresidential floor area to be constructed;
prevailing economic conditions; the timing schedule to be followed
in completing the PUD and the likelihood of its fulfillment; the developer's
capability of completing the proposed PUD; and the contents of the
GDP and any conditions which the Planning Board attaches to the approval
thereof.
d.
Modification of Timing Schedule.
1.
In the event that the developer seeks to modify the proposed timing
schedule, such modification shall require the approval of the Planning
Board.
2.
The Planning Board shall, in deciding whether or not to grant approval
of the modification, take into consideration prevailing economic and
market conditions, anticipated and actual needs for residential units
and nonresidential space within the municipality and the region, and
the availability and capacity of public facilities to accommodate
the proposed development.
e.
Variation Approval. The developer shall be required to gain the prior
approval of the Planning Board if, after approval of the GDP, the
developer wishes to make any variation in the location of land uses
within the PUD or to increase the density of residential development
or the floor area ratio of nonresidential development in any section
of the PUD.
f.
Revision of General Development Plan.
1.
Except as provided hereunder, once a GDP has been approved by the
Planning Board, it may be amended or revised only upon application
by the developer approved by the Planning Board.
2.
However, without violating the terms of the approval, a developer
may, in undertaking any section of the PUD, reduce the number of residential
units or amounts of nonresidential floor space by no more than 15%
or reduce the residential density or nonresidential floor area ratio
by no more than 15%; provided, however, that a developer may not reduce
the number of the required affordable housing units without prior
Township Planning Board approval.
g.
Notification of Completion.
1.
Upon the completion of each section of the PUD as set forth in the
approved GDP, the developer shall notify the Township Clerk, by certified
mail, as evidence that the developer is fulfilling his obligations
under the approved plan.
(a)
The "completion" of any section of the development shall mean
that the developer has acquired a Certificate of Occupancy for every
residential unit and every nonresidential structure, as set forth
in the approved GDP.
(b)
If Montgomery Township does not receive such notification at
the completion of any section of the PUD, the Township shall notify
the developer, by certified mail, in order to determine whether or
not the terms of the approved plan are being complied with.
2.
If a developer does not complete any section of the PUD within eight
months of the date provided for in the approved plan, or if at any
time the Township has cause to believe that the developer is not fulfilling
his/her obligations pursuant to the approved plan, the Township shall
notify the developer, by certified mail, and the developer shall have
10 days within which to give evidence that he/she is fulfilling the
obligations pursuant to the approved PUD.
(a)
The Township thereafter shall conduct a hearing to determine
whether or not the developer is in violation of the approved plan.
(b)
If, after such a hearing, the Township finds good cause to terminate
the approval, it shall provide written notice of same to the developer
and the approval shall be terminated 30 days thereafter.
3.
In the event that a developer who has GDP approval does not apply
for preliminary approval for the PUD which is the subject of that
GDP approval within five years of the date upon which the GDP was
approved by the Planning Board, the municipality shall have cause
to terminate the approval.
h.
Approval Terminated Upon Completion. In the event that the PUD which
is the subject of an approved GDP is completed before the end of the
term of the approval, the approval shall terminate with the completion
of the development. More specifically, a development shall be considered
complete on the date upon which a Certificate of Occupancy has been
issued for the final residential or nonresidential structure in the
last section of the development in accordance with the timing schedule
set forth in the approved GDP and the developer has fulfilled all
of his/her obligations pursuant to the approval.
Editor's Note: Checklists are included as an attachment to this chapter.
[Ord. #85-402, S 901; Ord. #85-490, S IB; Ord. #88-584, S
V A; Ord. #88-593, S 2; Ord. #89-621, S 3; Ord. #90-672, S 1; Ord. No. 08-1274, S 1; Ord. #08-1275, S
2; Ord. #08-1277, S 1; Ord. No. 08-1290, S 1; Ord. #13-1446 S 3; Ord. No. 15-1501; amended 4-18-2024 by Ord. No. 24-1722; 4-18-2024 by Ord. No. 24-1723]
a.
Every application for development shall be accompanied by two checks,
one for the application charge and one for the escrow account, payable
to the Township of Montgomery in accordance with the following schedule.
For purposes of this chapter, the term "area being disturbed" means
any area whereupon any activity involving the clearing, excavation,
storing, trading, filling, or transposing of soil will occur, or whereupon
any other activity will occur which causes soil to be exposed to the
danger of erosion, including the detachment or movement of soil or
rock by water, sand, ice, and/or gravity.
|
Application Charge
|
Plus
|
Escrow Account
| ||||
|---|---|---|---|---|---|---|
|
1.
|
Subdivisions
| |||||
|
(a)
|
Minor Plat
|
$350
|
$2,500
| |||
|
(b)
|
Preliminary Plat
|
$600
|
$300 per lot plus $2,250
| |||
|
(c)
|
Final Plat
|
$400
|
$75 per lot plus $1,500
| |||
|
(d)
|
Informal Presentation of Plan
| |||||
|
(1)
|
Minor Plat
|
$200
|
$0 without professional review; $1,000 with professional review
| |||
|
(2)
|
Major Plat
|
$400
|
$0 without professional review; with professional review $150/acre
or part thereof plus $6/dwelling unit and $0.15/square foot or site
area being disturbed, provided a minimum of $2,000 shall be deposited
| |||
|
2.
|
Site Plans
| |||||
|
(a)
|
Minor Plat
|
$200
|
$2,000
| |||
|
(b)
|
Preliminary Plat
|
Residential -$600
|
$100/acre or part thereof plus $6/dwelling unit and $0.05/square
foot of site area being disturbed, provided a minimum of $500 shall
be deposited
| |||
|
(b)
|
Preliminary Plat
|
Nonresidential - $600
|
$600/acre or part thereof plus $0.15/square foot of site area
being disturbed provided a minimum of $4,000 shall be deposited
| |||
|
(c)
|
Final Plat
|
Residential - $400
|
$50/acre or part thereof plus $6/dwelling unit and $0.05/square
foot of site area being disturbed, provided a minimum of $500 shall
be deposited
| |||
|
Nonresidential - $400
|
$300/acre or part thereof plus $0.15/square foot of site area
being disturbed, provided a minimum of $2,000 shall be deposited.
| |||||
|
(d)
|
Informal Presentation of Plan
| |||||
|
(1)
|
Minor Plat
|
$200
|
$0 without professional review; $1,000 with professional review
| |||
|
(2)
|
Major Plat
|
$400
|
$0 without professional review; with professional review $150/acre
or part thereof plus $6/dwelling unit and $0.03/square foot of site
area being disturbed, provided a minimum of $2,000 shall be deposited
| |||
|
3.
|
Variances
| |||||
|
(a)
|
Appeal (40:55D-70a)
|
$200
|
$1,500
| |||
|
(b)
|
Interpretation (40:55D-70b)
|
$200
|
$1,500
| |||
|
(c)
|
Bulk (40:55D-70c)
|
Residential - $100
|
$1,500
| |||
|
Nonresidential - $250
| ||||||
|
(d)
|
Use (40:55D-70d)
|
Residential - $250
|
$5,000
| |||
|
Nonresidential - $500
| ||||||
|
(e)
|
Permit (40:55D-34 & 35)
|
$250
|
$600
| |||
|
4.
|
Appeals to Township Committee (see Subsection 16-7.7 of this
chapter)
|
$250
|
$0
| |||
|
5.
|
Certified List of Property Owner (see Subsection 16-7.6d3 of this chapter)
|
$0.25/name or $10 whichever is greater
|
$0
| |||
|
6.
|
$1/page for first copy of said page plus $0.50/copy for each
additional copy of said page; $10 per tape
|
$0
| ||||
|
7.
|
Subdivision Approval Certificate (see Subsection 16-10.3 of this chapter)
|
$50 per certificate
|
$0
| |||
|
8.
|
Site Plan - Waiver
|
$250
|
$1,500
| |||
|
9.
|
Conditional Use
|
$250.
|
$800
| |||
|
10.
|
Request for Rezoning/Master Plan Amendment
|
$500
|
$2,000
| |||
|
11.
|
Modification of Approved Site Plan or Subdivision or Resolution
Conditions
|
$250
|
$1,000
| |||
|
12.
|
Soil Hauling
|
$200
|
$1,000
| |||
|
13.
|
Waivers from Design
|
$200
|
$500
| |||
|
14.
|
Extension of Vesting Period Approvals
|
$200
|
$800
| |||
|
15.
|
Request for Reapproval or Extension of Time
|
$200
|
$1,000
| |||
|
16.
|
Resubmission of Application Due to Being Deemed Incomplete
|
$150
|
$0
| |||
|
17.
|
Zoning Permits
| |||||
|
(a)
|
For review of new construction, building addition/alteration,
accessory building, deck, pool/spa/hot tub, fence, tower, and sign
permit applications
|
$50
|
$0
| |||
|
(b)
|
For review of application for the expansion of lot coverage
|
$50
|
$0
| |||
|
(c)
|
For review of Change of Use, Change of Tenant (Commercial),
and Tenant Fit-Out
|
$50
|
$0
| |||
|
(d)
|
For review of development in stream corridor involving:
| |||||
|
(1)
|
A single-family dwelling on a pre-existing vacant lot, including
the filing of an elevation certificate
|
$2,500
| ||||
|
(2)
|
All other improvements
|
$800
| ||||
|
18.
|
Review of First Priority Locations for Wireless Communication Facilities by Township Engineer and Township Land Use Planner (see Subsection 16-6.1p6)
|
$200
|
$2,500
| |||
|
19.
|
Engineering permits and reviews
| |||||
|
(a)
|
Major Developments*
|
$800 for initial submission and one re-review
|
$2,500 minimum**
| |||
|
Minor Developments*
|
$250 for initial submission and one rereview
|
$800 minimum**
| ||||
|
(b)
|
Soil Disturbance and Hauling
|
$100 (See Chapter 14)
| ||||
|
(c)
|
Street/Right-of-Way Opening
|
See Chapter 11
| ||||
|
(d)
|
Flood Hazard Search Certificate
|
$25 [see subsection 16-6.4d11.(c)]
| ||||
|
(e)
|
Floodplain Permit
|
(Reserved)
| ||||
|
(f)
|
Tree Removal Application
|
See Chapter 14*
| ||||
|
(g)
|
Address changes
|
$150 per unit
| ||||
|
*
|
Not required for Board applications as an escrow account is
already required.
|
|
**
|
For complex projects that exceed an initial review time of 2 hours, and require more than one rereview, the Township Engineer may require the applicant to post funds to an escrow account to cover administrative and consultant review costs. The amount will be determined by the Township Engineer based on an estimated hourly review time. The maximum requested amount shall not exceed $5,000. The applicant shall replenish the account if there are insufficient funds to cover the reviews. Inspection fees or escrow may be required pursuant to subsection 16-9.2 prior to issuance of any municipal permits.
|
b.
The application charge is a flat fee to cover administrative expenses
and is nonrefundable. The escrow account is established to cover the
cost of professional services, including, but not limited to, engineering,
planning, legal, traffic and other expenses associated with the review
of the submitted materials. For Township employees, the hourly rate
shall be 200% of the employee’s base salary which shall be established
by ordinance. Sums not utilized in the review process shall be returned
to the applicant. If additional sums are deemed necessary, the applicant
shall be notified of the required additional amount and shall add
such sum to the escrow within 15 days.
c.
Where one application for development includes several approval requests,
the sum of the individual required fees shall be paid.
d.
Each applicant for approval shall agree in writing, to pay all reasonable
costs for professional review of the application and for inspection
of the improvements. All such costs for review and inspection must
be paid before any approved plot, plan or deed is signed or any construction
permit is issued and all remaining costs must be paid in full before
any occupancy of the premises is permitted or certificate of occupancy
issued.
e.
If an applicant desires a court reporter, the cost for taking testimony
and transcribing it and providing a copy of the transcript to the
Township shall be at the expense of the applicant who shall arrange
for the reporter's attendance.
f.
The application charge shall be waived for development applications
made by a Montgomery Township nonprofit volunteer fire company for
a fire station and accessory structures, and a Montgomery Township
nonprofit volunteer emergency medical squad for an emergency medical
station and accessory structures.
[Ord. No. 15-1501]
[Ord. #85-482, S 902; Ord. #88-584, SV B-F; Ord. #89-637,
S 2; Ord. #90-667, S 1; Ord. #90-673, S 1; Ord. #93-795, S2; Ord.
#01-1028, S 1; amended 3-5-2020 by Ord. No. 20-1631]
a.
Public Improvements. For the purposes of this subsection, the term
"public improvements" shall include streets, pavement, gutters, curbs,
sidewalks, street lighting, street trees, surveyor's monuments, water
mains, sanitary sewers, community septic systems, drainage structures,
public improvements of open space and any grading necessitated by
the preceding improvements, which improvements are to be dedicated
to the Township.
b.
Requirements Specific to Subdivisions.
1.
No final major subdivision plat or recording of a minor subdivision deed shall be recorded unless a) the Township Engineer has certified to the Board that all public improvements required by the preliminary subdivision approval have been satisfactorily completed, or b) the developer has entered into a developer's agreement with the Township in a form satisfactory to the Township Attorney and authorized by the governing body requiring the installation and maintenance by the developer and its successors in interest of the public improvements, imposing such limitations, and/or staging of, the development of the subdivision as are necessary to ensure orderly construction of the public improvements, and assuring the installation of the public improvements on or before an agreed date by the filing of a performance guarantee in accordance with Subsection 16-9.2d2 below.
2.
No construction permit shall be issued for any building within the subdivision until the developer has completed the following public improvements in accordance with the approved subdivision plans and construction plans required by Subsection 16-9.2e4 below:
(a)
All required utility installations and their appurtenances,
including water mains, drainage and detention facilities, culverts,
storm sewers, sanitary sewers or dry sewers and public improvements
of open space;
(b)
All required grading and the macadam base course surfacing of
all streets; and
(c)
Construction of all required curbs.
3.
No certificate of occupancy shall be issued for any dwelling within the subdivision until the driveway apron, sidewalk, trees and grass for that particular dwelling have been installed and/or planted and approved by the Township Engineer. Upon recommendation of the Township Engineer to the Construction Official, and satisfaction of the requirements of Subsection 16-9.2d2(c) below, a temporary certificate of occupancy not to exceed six months in duration may be issued if seasonal conditions would make planting unreasonable.
4.
Such public improvements shall be 100% complete and subject to acceptance
by the Township within two years of the date of final approval, or
any extension thereof, or prior to the time request is made for the
last building permit in the section, whichever shall first occur.
5.
It is the intention of the Township Committee that the foregoing
requirements shall: a) provide to those living in each new section
of a subdivision a lot that is as complete as possible with respect
to tract and individual lot improvements, and b) protect the interests
of the general public and residents of the development in the total
completion of the development.
6.
In the case of subdivision having final approval by stages or sections,
the requirements of this subsection shall be applied by stage or section.
c.
Requirements Specific to Site Plans. No final major site plan application (whether for an entire tract or a section thereof) shall be unconditionally approved by the Board unless: 1) the Township Engineer has certified to the Board that all public improvements required by the preliminary site plan approval have been satisfactorily completed; or 2) the developer has entered into a developer's agreement with the Township in a form satisfactory to the Township Attorney and authorized by the governing body requiring installation and maintenance by the developer and its successors in interest, of the public improvements, imposing such limitations upon, and/or staging of, the development of the site as are necessary to ensure orderly construction of the public improvements, and assuring the installation of the public improvements on or before an agreed date by the filing of performance guarantee(s) in accordance with Subsection 16-9.2d2 below.
d.
Guarantees Required; Surety; Release. Before filing of final subdivision
plats or recording of minor subdivision deeds or as a condition of
final site plan approval or as a condition to the issuance of a zoning
permit pursuant to N.J.S.A. 40:55D-65, the Township or approving Board
shall, for the purposes of assuring the installation and maintenance
of certain on- and off-tract improvements, require the developer to
furnish a performance guarantee(s) and provide for a maintenance guarantee
in accordance with the terms of this section.
1.
Generally.
(a)
Performance guarantees as used in this section shall mean a performance guarantee required by Subsections 16-9.2d2(a) and (b) below, a temporary certificate of occupancy guarantee required by Subsection 16-9.2d2(c) below, and a safety and stabilization guarantee as required by Subsection 16-9.2d2(d) below. A "maintenance guarantee" as used in this section shall mean a maintenance guarantee required by Subsection 16-9.2d2(e) below.
(b)
All performance and maintenance guarantee estimates shall be prepared by the Township Engineer as required by Subsection 16-9.2d2 below. Any adjustment in the amount of a performance or maintenance guarantee shall be approved by resolution of the Township Committee.
(c)
The developer shall present two copies of the performance or maintenance guarantee(s) required by Subsection 16-9.2d2 and below to the Township Clerk for the review and approval of the Township Attorney as to form and execution.
(d)
All performance and maintenance guarantees shall be made payable
and deposited to Montgomery Township and shall be in the form of cash,
irrevocable letter of credit, certified check or a surety.
(1)
Irrevocable letters of credit shall comply with the "Uniform
Customs and Practices for Documentary Credits" (1984 Revision), International
Chamber of Commerce, Publication No. 400, and shall be issued or confirmed
by a New Jersey banking institution. The form of an irrevocable letter
of credit shall be substantially similar to the form letter or credit
furnished the developer by the Township Clerk, and as approved by
resolution of the Township Committee.
(2)
In the case of surety bonds, the developer shall be the principal
and the bond shall be provided by a surety company operating pursuant
to a valid certificate of authority issued pursuant to N.J.S.A. 17:17-1
et seq. Proof of such valid certificate of authority shall be furnished
to the Township when the surety bond is submitted. The form of a surety
bond shall be identical to the form letter of bond furnished the developer
by the Township Clerk, and as approved by resolution of the Township
Committee.
(3)
The Township shall issue its receipt for such deposits and shall
cause the same to be deposited in the name of the Township to be retained
as security for completion of all requirements and to be returned
to the applicant on completion of all required work or, in the event
of default on part of the developer, to be used by the Township to
pay the cost and expense of obtaining completion of all requirements.
(e)
At least 10% of the amount of the approved performance guarantee(s)
shall be deposited by the developer in cash with the Township. The
remaining 90% may be in cash, irrevocable letter of credit or surety
bond. In the event of default, the 10% cash may be first applied to
the completion of the requirements and any bidding and legal costs
associated therewith, and the remaining 90% cash, letter of credit
or surety bond may thereafter be restored to, if necessary, for the
completion of the requirements and any additional bidding and legal
costs associated therewith.
2.
Performance Guarantees for Certain Improvements, Landscaping, Temporary
Certificates of Occupancy and Safety/Stabilization; Maintenance Guarantees.
(a)
Performance Guarantee. The developer shall furnish a performance
guarantee in favor of the Township in an amount not to exceed 120%
of the cost of installation of only those improvements required by
an approval or developer's agreement, ordinance or regulation to be
dedicated to a public entity, and that have not yet been installed,
which cost shall be determined by the Township Engineer, according
to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for
the following improvements as shown on the approved plans or plat:
streets, pavement, gutters, curbs, sidewalks, street lighting, street
trees, surveyor's monuments as shown on the final map and required
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9, et seq.),
repealed by Section 2 of P.L. 2011, c.217, or N.J.S.A. 46:26B-1 through
N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic
systems, drainage structures, public improvements of open space, and
any grading necessitated by the preceding improvements. The Township
Engineer shall prepare an itemized cost estimate of the improvements
to be covered by the performance guarantee, which itemized cost estimate
shall be appended to each performance guarantee posted by the developer.
(b)
Performance Guarantee - Perimeter Buffering. The performance
guarantee may also be required to include, at the discretion of the
Township or approving board, a guarantee for the installation of privately
owned perimeter buffer landscaping within an improved phase or section
of a development as a condition of approval. At the developer's option,
a separate performance guarantee may be posted for the privately owned
perimeter buffer landscaping.
(c)
Temporary Certificate of Occupancy Guarantee. In the event that
a developer shall seek a temporary certificate of occupancy for a
development, unit, lot, building or phase of a development, then as
a condition of the issuance thereof, the developer shall furnish a
separate guarantee, referred to as a "temporary certificate of occupancy
guarantee," in favor of the Township in an amount equal to 120% of
the cost of the terms of the temporary certificate of occupancy and
which must be installed or completed as a condition precedent to the
issuance of the permanent certificate of occupancy for the development,
unit, lot, building or phase of development and which are not covered
by an existing performance guarantee.
(1)
Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection 16-9.2d2(a) above, which relate to the development, unit, lot building or phase of development for which the temporary certificate of occupancy is sought, shall be released.
(2)
The scope and amount of the temporary certificate of occupancy
guarantee shall be determined by the Township Engineer, zoning officer,
or other municipal official designated by ordinance.
(3)
The Township shall not, at any time, hold more than one guarantee
or bond of any type with respect to the same line item.
(4)
The temporary certificate of occupancy guarantee shall be released
by the Township Engineer, zoning officer, or other municipal official
designated by ordinance upon the issuance of a permanent certificate
of occupancy with regard to the development, unit, lot, building or
phase as to which the temporary certificate of occupancy relates.
(d)
Safety and Stabilization Guarantee. A developer shall furnish
to the Township a safety and stabilization guarantee in favor of the
Township. At the developer's option, a safety and stabilization guarantee
may be furnished either as a separate guarantee or as a line item
of the performance guarantee. A safety and stabilization guarantee
shall be available to the Township solely for the purpose of returning
property that has been disturbed to a safe and stable condition or
otherwise implementing measures to protect the public from access
to an unsafe or unstable condition.
(1)
The Township shall be permitted to access the guarantee when:
(i)
Site disturbance has commenced and, thereafter,
all work on the development has ceased for a period of at least 60
consecutive days following such commencement for reasons other than
force majeure; and
(ii)
Work has not resumed within 30 days following
the provision of written notice by the Township to the developer of
the Township's intent to claim payment under the guarantee. The Township
shall not provide notice of its intent to claim payment under a safety
and stabilization guarantee until a period of at least 60 days has
elapsed during which all work on the development has ceased for reasons
other than force majeure. The Township shall provide written notice
to a developer by certificated mail or other form of delivery providing
evidence of receipt.
(2)
Pursuant to N.J.S.A. 40:55D-53a(1)(d), the amounts to be posted
in connection with a safety and stabilization guarantee shall be as
follows:
(i)
For a development with bonded improvements in an
amount not exceeding $100,000, shall be $5,000.
(ii)
For a development with bonded improvements exceeding
$100,000, shall be calculated as a percentage of the bonded improvement
costs of the development or phase of development as follows:
(iii)
The Township shall release a separate safety
and stabilization guarantee to a developer upon the developer's furnishing
of a performance guarantee which includes a line item for safety and
stabilization in the amount required under this subsection.
(iv)
The Township shall release a safety and stabilization
guarantee upon the Township Engineer's determination that the development
of the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
(e)
Maintenance Guarantees.
(1)
Prior to the release of a performance guarantee required pursuant
to Subsection 16-9.2.d.2(a), (b), or both (a) and (b) above, the developer
shall post with the Township a maintenance guarantee in an amount
not to exceed 15% of the cost of the installation of the improvements
which are being released.
(2)
If required, the developer shall post with the Township, upon
the inspection and issuance of final approval of the following private
site improvements by the Township Engineer, a maintenance guarantee
in an amount not to exceed 15% of the cost of the installation of
the following private site improvements: stormwater management basins,
in-flow and water quality structures within the basins, and the out-flow
pipes and structures of the stormwater management system, if any,
which cost shall be determined according to the method of calculation
set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(3)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
3.
Improvements Owned By Other Entities. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by a performance or
maintenance guarantee to another governmental agency, no performance
or maintenance guarantee, as the case may be, shall be required by
the Township for such utilities or improvements.
4.
Extensions of Time for Installation of Bonded Improvements. The time
allowed for installation of the bonded improvements for which the
performance guarantee has been provided may be extended by the governing
body of the Township by resolution. As a condition or as part of any
such extension, the amount of any performance guarantee shall be increased
or reduced, as the case may be, to an amount not to exceed 120% of
the cost of the installation, which cost shall be determined by the
Township Engineer according to the method of calculations set forth
in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as of the
time of the passage of the resolution.
5.
Recourse by Township. If the required bonded improvements are not
completed or corrected in accordance with the performance guarantee,
the developer and surety, if any, shall be liable thereon to the Township
for the reasonable cost of the improvements not completed or corrected
and the Township may either prior to or after the receipt of the proceeds
thereof complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1
et seq.).
e.
Start of Construction. Construction pursuant to a site plan or subdivision
approval shall not commence until:
1.
The developer has paid all fees required by this chapter;
2.
The developer has received all other governmental permitted approvals
required by the Board's resolution of memorialization granting subdivision
or site plan approval;
3.
The developer has satisfied all conditions of approval required by
the Board's resolution of memorialization granting subdivision and/or
site plan approval and all changes required by the Board to the developer's
subdivision and/or site plans have been filed with and approved by
the Township Engineer;
4.
The developer's construction plans have been filed with and approved
by the Township Engineer;
5.
The developer has had a preconstruction meeting with the Township
Engineer for the purpose of forecasting and resolving problems that
may arise during the course of construction;
f.
Developer Request for List of Uncompleted or Unsatisfactory Bonded
Improvements; Reduction/Release of Guarantee(s).
1.
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the developer may request of the governing body in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection 16-9.2d2 above, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the developer shall send a copy of the request to the Township Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the developer. Thereupon the Township Engineer shall inspect all bonded improvements covered by developer's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the developer not later than 45 days after receipt of the developer's request.
2.
The list prepared by the Township Engineer shall state, in detail, as to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection 16-9.2d2 above.
3.
The Township Committee, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection 16-9.2d2 above. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the developer shall be released from all liability pursuant to its performance guarantee with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The "safety and stabilization guarantee" shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction. For the purpose of releasing the developer from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvements shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection 16-9.2d2 above, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Township may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy guarantee" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Township below 30%.
4.
If the Township Engineer fails to send or provide the list and report as requested by the developer pursuant to Subsection 16-9.2e above within 45 days from receipt of the request, the developer may apply to the court in a summary manner for an order compelling the municipal engineer to provide the list and report within a stated time and the cost of application to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the Township Committee fails to approve or reject the bonded improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the developer may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection 16-9.2d2 above; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
5.
In the event that the developer has made a cash deposit with the
Township or approving authority as part of the performance guarantee,
then any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee, provided that if the developer has furnished
a safety and stabilization guarantee, the Township may retain cash
equal to the amount of the remaining safety and stabilization guarantee.
6.
If any portion of the required bonded improvements is rejected, the
approving authority may require the developer to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section, shall be followed.
7.
Irrevocable letters of credit and bonds, if any, shall be released
first; cash shall be released last.
g.
Inspections.
1.
Inspections Required.
(a)
All site improvements and utility installations for site plans,
subdivisions, plot plans and other real property improvements shall
be inspected during the time of their installation under the supervision
of the Township Engineer and/or other officials of professionals serving
the Township in order to insure satisfactory completion.
(b)
In the instance where the Board, as a condition of major subdivision
and/or major site plan approval, requires that the inspection of plantings
and lawns be conducted by a designated landscape architect, the inspections
for such plantings and lawn area shall be performed by a landscape
architect.
(c)
In its determination that a landscape architect is advisable
to inspect the plantings and lawn area, the Board shall consider the
quantity of plantings proposed, the quality and uniqueness of the
proposed plantings, the amount of existing vegetation to be preserved,
and the environmental conditions of the land which could have a detrimental
effect upon the health and vitality of the plantings (e.g., soil,
depth to bedrock, height of water table, and surface water drainage
conditions).
2.
Inspection Fees/Escrows.
(a)
The developer shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the foregoing section of improvements; which fees shall not exceed the sum of the amounts set forth in the following Subsections g2(a)(1) and (2) of this subsection. The Township may require the developer to post the inspection fees into escrow in an amount:
(1)
Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance gurantee under Subsection 16-9.2d2(a), Subsection 16-9.2d2(b), or both Subsection 16-9.2d2(a) and (b) above; and
(2)
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under Subsection 16-9.2d2(a) above, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(b)
For those developments for which the inspection fees total less
than $10,000, fees may, at the option of the developer, be paid in
two installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fee. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(c)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(d)
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection 16-9.2d2(a) and (b) above, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written section escrow deposit request signed by the Township Engineer, which: 1) informs the developer of the need for additional inspections, 2) details the items or undertakings that require inspection, 3) estimates the time required for those inspections, and 4) estimates the cost of performing those inspections.
(1)
Failure of the developer to deposit the additional funds in
escrow may subject the developer to a stop-work order and/or suspension
of construction permits.
3.
Prior Notification Required. Developer shall notify the Township
Engineer's office at least two days prior to the commencement of the
following phases of work so that the Township Engineer or designated
qualified representative may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curbs and gutters.
(d)
Road paving.
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage construction.
(h)
Street name signs.
(i)
Monuments.
(j)
Sanitary sewers.
(k)
Detention and/or retention basins.
(l)
Underground utilities.
(m)
Seeding and planting.
4.
In no case shall any paving work be done without the prior written
approval and authorization of the Township Engineer.
5.
Landscape Architect Review and Approval. Where the approving Board,
as a condition of major subdivision and/or major site plan approval,
requires that the inspection of plantings and lawns be conducted by
a designated landscape architect, the landscape architect shall witness
and approve landscaping in a designated area or on a typical lot within
a development as deemed appropriate and necessary and/or as directed
by the Township Engineer.
(a)
Upon receipt of notice of work required by Subsection 16-9.2g3 above, the Township Engineer shall notify the landscape architect regarding the developer's intent to proceed with any seeding and planning.
(b)
A follow-up inspection when the entire site or phase of development
is completed shall be conducted in order to confirm compliance for
either a phase of development or the entire project.
(c)
Plantings shall be checked for compliance with approved plans;
i.e., correct quantity, size, species and location. Any change or
modifications to the approved plans must be reviewed and approved
by the landscape architect designated by the Board.
(d)
Lawns shall be inspected for adequate coverage of healthy, vigorously
growing grass which is relatively free of weeds and void of bare spots
larger than one square foot in area. Bare spots greater than one square
foot in area shall be reseeded or re-sodded and re-inspected until
acceptable coverage is achieved.
(e)
Upon completion of the landscaping, the landscape architect
shall check for compliance with the landscape plans approved by the
Board. A punch list of outstanding or unsatisfactory items shall be
compiled with copies given to the developer and the Township Engineer,
and a final sign-off shall be given after necessary remedial work.
Upon successful completion of all landscape work, a written recommendation
shall be forwarded by the landscape architect to the Township Engineer
to be included in the inspection report to the Township Committee
before the release of performance guarantees.
6.
Any improvement installed contrary to the plan or plat approval by
the Township shall constitute just cause to void the municipal approval.
7.
Any improvement installed without compliance with Subsections 16-9.2e and 16-9.2g3 above shall constitute just cause for:
(a)
Removal of the uninspected improvement;
(b)
The payment by the developer of any costs for material testing;
(c)
The restoration by the developer of any improvements disturbed
during any material testing; and/or
(d)
The issuance of a stop-work order by the Township Engineer pending
the resolution of any dispute.
8.
Inspection by the Township of the installation of improvements and
utilities shall not operate to subject the Township of Montgomery
to liability for claims, suits or liability of any kind that may at
any time arise because of defects or negligence during construction
or at any time thereafter; it being recognized that the responsibility
to maintain safe conditions at all times during construction and to
provide proper utilities and improvements is upon the owner and his
contractor, if any.
9.
Final Approval in Stages. In the event that final approval is by
stages or sections of development pursuant to N.J.S.A. 40:55D-38,
the provisions of this section shall be applied by stage or section.
10.
Acceptance of Improvements. To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township Committee shall be deemed, upon the release of any performance guarantee required pursuant to Subsection 16-9.2d2 above, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
(a)
Prior to such acceptance, the developer shall also provide an
affidavit stating that there are no liens or other legal encumbrances
on any of the improvements or utilities proposed to be dedicated to
the Township.
(b)
Notwithstanding anything to the contrary within, nothing shall
prohibit the Township from formally accepting such improvements via
ordinance in accordance with N.J.S.A. 40A:12-5 et seq.
(c)
The approval of any application for development by the Township
shall in no way be construed as acceptance of any street or drainage
system, or any other improvement, nor shall such approval obligate
the Township in any way to exercise jurisdiction over such street
or drainage system or other improvement.
(d)
No improvement shall be accepted by the Township Committee unless
and until all of the following conditions have been met:
(1)
The Township Engineer shall have certified in writing that the
improvements are completed and that they comply with the requirements
of this chapter;
(2)
The owner shall have filed with the Township Committee a maintenance guarantee in accordance with Subsection 16-9.2d2(e) above. The requirements for a maintenance guarantee may be waived by the Township Committee only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Engineer certified completion of such improvements and that during this period the owner has maintained the improvements in a satisfactory manner; and
(3)
An as-built plan and profiles of all utilities and roads (three
black-and-white prints plus a mylar copy to be sent to the Township
Engineer), with certification signed and sealed by a New Jersey licensed
professional engineer as to actual construction as approved by the
Township Engineer, shall be provided.
11.
Successor Developers/Owners. If the property or any part of same
is sold or otherwise conveyed to a successor developer prior to the
completion and acceptance of all improvements, an Assignment of Developer's
Agreement, and new performance, maintenance or other guarantees shall
be required from the new owner or successor developer. Upon the transfer
of ownership of property that is the subject of a construction permit,
and prior to the beginning or continuing work authorized by the construction
permit, the new owner or successor developer shall file with the Construction
Code Office an application for a permit update to notify the Construction
Code Office of the name and address of the new owner or successor
developer and of all other changes to information previously submitted
to the Township. The Construction Code Office shall not approve the
application for a permit update until it receives notification from
the Township Committee or its designee that the new owner or successor
developer has furnished adequate replacement performance, maintenance
or other guarantees and the Assignment of Developer's Agreement.
h.
Extension of Time. The time allowed for installation of the improvements
for which the performance guarantee has been provided may, but need
not, be extended by the Township Committee by resolution, provided
that the current municipal cost of installation of such improvements
shall first be redetermined by the Township Engineer and if such current
municipal cost is found to be greater than the cost as originally
determined, the applicant shall be required to increase the amount
of its performance guarantee to an amount equal to 120% of the cost
of installation as redetermined, as a condition of any such extension.
In the event that the redetermined cost shall be less than the cost
as originally determined, and in further event that the developer's
performance guarantee exceeds 120% of such redetermined costs, the
developer shall be entitled to a reduction of its performance guarantee
to an amount equal to 120% of such redetermined costs.
[Ord. #85-482, S 903; Ord. #88-589, S 2; Ord. #89-617, S
1; Ord. #92-756, S 3; Ord. #93-769, S 2]
a.
Required Improvements. Applicants shall be required, as a condition
for approval of a subdivision, site plan or conditional use, to pay
their pro rata share of the cost providing reasonable and necessary
street improvements and/or water, sewerage and drainage facility improvements,
and any necessary easements therefor, located outside the property
limits of the subject premises, but indicated in the Township Master
Plan and necessitated or required by construction or improvements
within such subdivision or development. The following criteria shall
be utilized in determining the developer's proportionate pro rata
monetary share for the necessary off-tract developments.
b.
Improvements to be Constructed at the Expense of the Developer. In
cases where the need for an off-tract improvement is created by the
proposed subdivision or development and where no other property owners
receive a special benefit thereby (as opposed to a mere incidental
benefit), the applicant may be required, as a condition of approval
and at the applicant's sole expense, to acquire and/or improve lands
outside the tract and dedicate such lands to Montgomery Township or
Somerset County or, in lieu thereof, require the subdivider or developer
to deposit with the Township a sum of money sufficient to allow the
Township to acquire and/or improve such lands on conditions it may
deem appropriate under the circumstances.
c.
General Standards for Other Improvements. In cases where the need
for any off-tract improvement to be implemented now or in the future
is necessitated by the proposed development application, and where
it is determined that properties outside the development will also
be benefited by the improvement, the following criteria, together
with the provisions or rules and regulations of Montgomery Township
or any department thereof, may be utilized in determining the developer's
proportionate share of such improvements:
1.
Sanitary Sewers. For distribution facilities, including the installation,
relocation or replacement of collector, trunk and interceptor sewers
and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportionate share shall be
computed as follows:
(a)
The capacity and the design of the sanitary sewer system shall
be based on the Rules and Regulations for the Preparation and Submission
of Plans for Sewerage Systems, New Jersey State Department of Environmental
Protection, and all Montgomery Township sewer design standards, including
infiltration standards.
(b)
Developer's pro rata share:
(1)
The capacity of the existing system to serve the entire improved
drainage area shall be computed. If the system is able to carry the
total development drainage basin, no improvement or enlargement cost
will be assigned to the developer although some charges including,
but not limited to, capacity charges may be imposed. If the existing
system does not have adequate capacity for the total development drainage
basin, the pro-rated enlargement or improvement share shall be computed
as follows:
|
Developer's Cost
Total Enlargement or Improvement Cost
|
=
|
Development gpd
Total Tributary gpd
|
(2)
If it is necessary to construct a new system in order to develop
the subdivision or development, the pro-rated enlargement share to
the developer shall be computed as follows:
|
Developer's Cost
Total Project Cost
|
=
|
Development Tributary gpd
Total Tributary gpd to New System
|
(3)
The plans for the improved system or the extended system shall
be prepared by the developer's engineer. All work shall be calculated
by the developer and approved by the Township Engineer.
2.
Roadways. For street widening, alignment, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvement uncovered elsewhere,
the construction or reconstruction of new or existing streets and
other associated streets or traffic improvements, the applicant's
proportionate cost shall be determined as follows:
(a)
The applicant's engineer shall provide the Township Engineer
with the existing and anticipated peak-hour volumes which impact the
off-tract areas in question, which volumes shall analyze pedestrian,
bicycle and motor vehicle traffic.
(b)
The applicant shall furnish a plan for the proposed off-tract
improvements, which shall include the estimated peak-hour traffic
generated by the proposed development. The ratio of the peak-hour
traffic generated by the proposed development to the future peak-hour
traffic shall form the basis of the proportionate share. The pro-rated
share shall be computed as follows:
|
Developer's Cost
Total Cost of Roadway Improvement and/or Extension
|
=
|
Additional Peak-Hour Traffic Generated by the Development
Future Total Peak-Hour Traffic
|
3.
Drainage Improvements. For the storm water and drainage improvements,
including the installation, relocation or replacement of storm drains,
culverts, catch basins, manholes, riprap or improved drainage ditches
and appurtenances thereto and the relocation or replacement of other
storm drainage facilities or appurtenances associated therewith, the
applicant's proportionate share shall be determined as follows:
(a)
The capacity and design of the drainage system to accommodate
storm water runoff shall be based on a method described in Urban Hydrology
for Small Watersheds, Technical Release 55, Soil Conservation Service
USDA, January 1975, as amended, and shall be computed by the developer's
engineer and approved by the Township Engineer.
(b)
The capacity of the enlarged, extended or improved system required
for the subdivision or development and areas outside of the subdivision
or development shall be computed by the developer's engineer and be
subject to the approval of the Township Engineer. The plans for the
improved system shall be prepared by the developer's engineer and
the estimated cost of the enlarged system shall be calculated by the
Township Engineer. The prorated share for the proposed improvement
shall be computed as follows:
|
Developer's Cost
Total Enlargement or Improvement Cost of Drainage Facilities
|
=
|
Development cfs
Total Tributary cfs
|
4.
Water.
(a)
Where no public water is accessible as defined in Subsection 16-5.16c1, in addition to complying with Subsection 16-5.16b, the applicant shall deposit funds in escrow with the Township in an amount equal to the cost of connecting the subdivision to an existing public water supply system calculated on the basis of 200 feet per unit. The escrow amount shall be calculated by determining the costs of providing such water main extension as charged by the public water utility for such service, including, but not limited to, materials, installation, taxes, appurtenances, surcharges, if any, etc.
(b)
Where, pursuant to Subsection 16-5.16d1, an applicant does not install an underground water storage tank system and ancillary fire protection wells, an applicant shall be required to pay its pro rata share of the cost of the installation of the underground water storage tank system. Such pro rata share shall be determined at a rate set by Elizabethtown Water Company per lot for the cost of installation of 200 feet of water main per lot. An applicant shall calculate the cost of the installation of the system and submit a detailed estimate to the Township Engineer for his review and approval. Where the cost of such system exceeds the pro rata share, the residual cost shall be provided by the Township from the deposited escrow funds, according to the zones delineated in Schedule A.[1] The escrow shall be required for each lot on which a new
principal structure will be located. The escrow deposit for each lot
shall be made no later than the time application for a building permit
for the principal structure to be located on the lot is made; and
no building permit shall issue until the deposit is made. A notation
describing these requirements shall be included on the final subdivision
map to be filed with the County Clerk.
[1]
Editor's Note: Schedule A is the Underground Water Storage
Tank Zone Map and is included at the end of this section.
d.
Escrow Accounts. Where the proposed off-tract improvement is to be
undertaken at a future date, funds required for the improvement shall
be deposited to the credit of Montgomery Township in a separate account
until such time as the improvement is constructed. In lieu of a cash
escrow account, developer's may present irrevocable letters of credit
for the term required in a form acceptable to the Township Attorney.
If the off-tract improvement is not begun within 10 years of the deposit,
all monies and interest shall be returned to the applicant or the
letter of credit, as the case may be, surrendered. An off-tract improvement
shall be considered "begun" if Montgomery Township has taken legal
steps to provide for the design and financing of such improvements.
e.
Referral to Township Committee.
1.
Where applications for development suggest the need for off-tract
improvements, whether to be installed in conjunction with development
in question or otherwise, the Planning Board or the Zoning Board of
Adjustment, as the case may be, shall forthwith forward to the Township
Committee a list and description of all such improvements together
with a request that the Township Committee determine and advise the
Board of the procedure to be followed in construction or installation
thereof, including timing. The Board shall defer final action upon
the subdivision or site plan unless receipt of the Township Committee's
determination or the expiration of 90 days after the forwarding of
such list and description to the Township Committee without determination
having been made, whichever comes sooner.
2.
The Township Committee, within 90 days after receipt of said list
and description, shall determine and advise the Planning Board or
Zoning Board of Adjustment, as the case may be, concerning the procedure
to be followed and advise the Board with regard to suggested conditions
of approval, if any, to adequately protect the municipality.
3.
In the event that the Planning Board or Zoning Board of Adjustment,
as the case may be, is required by statute to act upon the application
prior to receipt of the Township Committee's determination as to construction
of off-tract improvements, it shall request the applicant to consent
to an extension of time within which to act, of sufficient duration
to enable the Township Committee to make the aforesaid determination.
In the event that the applicant is unwilling to consent to the requested
extension of time, the Planning Board or Zoning Board of Adjustment,
as the case maybe, shall, in its discretion, either itself determine
the procedure to be followed in constructing the aforesaid improvements,
or shall condition its approval upon the subsequent determination
of the Township Committee.
f.
Implementation of Off-Tract Improvements.
1.
In all cases, developers shall be required to enter into an agreement
or agreements with Montgomery Township in regard to off-tract improvements,
in accordance with this chapter and any other ordinances, policies,
rules and regulations of the Township of Montgomery, Somerset County
and the State of New Jersey and any departments, authorities or agencies
thereof.
2.
Where properties outside the subject tract will be benefited by the improvements, the Township Committee may require the applicant to escrow sufficient funds, in accordance with Subsection 16-9.3d (Escrow Accounts) hereinabove, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
3.
Where properties outside the subject will benefit by the improvements,
the Township Committee may determine that the improvement or improvements
are to be installed by the municipality as a general improvement,
the cost of which is to be borne as a general expense. If the Township
Committee shall determine that the improvement or improvements shall
be constructed or installed as a general improvement, the Township
Committee may direct the Planning Board to estimate, with the aid
of the Township Engineer or such other persons who have pertinent
information or expertise, the amount, if any, by which the total cost
thereof will exceed the total amount by which all properties, including
the subject tract, will be specifically benefited thereby, and the
subdivider or developer shall be liable to the municipality for such
expense.
4.
If the Township Committee shall determine that the improvement or
improvements shall be constructed or installed as a local improvement,
all or a part of the cost of which is to be assessed against properties
benefited thereby in proportion to the benefits conferred by the improvements
in accordance with Chapter 56 of Title 40 of the Statutes of the State
of New Jersey, the developer may be required to sign an agreement
acknowledging and agreeing to this procedure and, in addition, the
Township Committee may require that the developer shall be liable
to the municipality, in addition to the amount of any special assessments
against the subject property for benefits conferred by the improvement
or improvements, the difference between the total cost actually incurred
and the total amount by which all properties, including the subject
tract, are specially benefited by the improvement as the same may
be determined by the Board of Improvement Assessors.
5.
If the Township Committee shall determine that the improvements are
to be constructed or installed by the applicant, such agreement may
contain provisions, consistent with the standards in this chapter
and any other rules, regulations or policies of the Township of Montgomery,
County of Somerset and the State of New Jersey and any departments,
authorities and agencies thereof with jurisdiction therein, whereby
the applicant shall be reimbursed by the municipality or otherwise,
as a result of any participation fees, connection charges, charges
paid in regard to developer's agreements with other applicants and
the like, all in accordance with an agreement between the Township
Committee and the applicant.
6.
In determining the procedures to be followed in the event of the
submission of a list and request from the Planning Board, the Township
Committee shall be guided by the following standards and considerations:
(a)
The local trends in regard to the probability of development
within the drainage or circulation area in question and the intensity
of such development;
(b)
The risk and exposure that neighboring areas are subject to
in the event that the improvements to be required are delayed;
(c)
The extent to which temporary measures may sufficiently alleviate
the condition or conditions requiring the off-tract improvement and
the likelihood that larger, regional or subregional facilities will
be required in the future to serve the development tract and the general
area of the municipality in which the same is located; and
(d)
The extent to which the health, safety and welfare of the residents,
both current and future, depend upon the immediate implementation
of the off-tract improvement.
[Ord. #89-617, S 2]
a.
Identification of Districts. The following transportation districts
are hereby established, as described in the Traffic Circulation Plan
Element of the Montgomery Township Master Plan:
1.
Transportation Improvement District-1 (T.I.D.-1) comprised of an
area bounded on the south by Cherry Valley Road, on the east by Van
Horne Road, on the north by Orchard Road and on the west generally
along the rear property lines of the residential lots on the easterly
side of Opossum Road and the westerly side of the REO II District
south of Route 518.
b.
Roadway Improvements. The improvements to be made within each established
Transportation Improvement District are set forth in subplans to the
Traffic Circulation Plan Element of the Montgomery Township Master
Plan as approved by the Planning Board.
c.
T.I.D. Impact Fees.
1.
The following T.I.D. Impact Fees to be collected from developers
having applications for developments within established Transportation
Improvement Districts as set forth in subplans to the Traffic Circulation
Plan Element of the Montgomery Township Master Plan as approved by
the Planning Board are hereby established:
(a)
Transportation Improvement District-1 (T.I.D.)—
|
Use
|
Impact Fee
|
|---|---|
|
Dwelling Unit
|
$977 per each dwelling unit
|
|
Commercial
|
$4.60 per square foot of commercial use
|
|
Offices or Research Laboratories
|
$1.43 per square foot of office or research laboratory use
|
|
Lodging
|
$1,051 per each lodging unit
|
2.
The purpose of the T.I.D. Impact Fee is to satisfy the developer's
proportionate and pro-rata contribution to the cost of reasonable
and necessary roadway improvements to be borne by developers within
a related and common area.
3.
The T.I.D. Impact Fees shall be adjusted from time to time as is
reasonably deemed appropriate by the Township Committee to account
for modifications to projected roadway improvement costs resulting
from detailed engineering field studies and inflation, adjusted development
projections, actual costs of T.I.D. program maintenance and administration,
land acquisition costs and necessary changes in the scope of roadway
improvements.
d.
Implementation of T.I.D. Impact Fees through Developers Agreements.
1.
Developers of developments within an established Transportation Improvement
District shall be required to enter into an agreement with the Township
for the payment of the required T.I.D. impact fee; and the Planning
Board or Board of Adjustment, as the case may be, in deliberations
with respect to any applications for preliminary approval of development
located within an established Transportation Improvement District,
shall make findings as to items to be addressed by the agreement.
A condition to any final approval shall be that the Developer enter
into the said agreement with the Township.
2.
The agreement shall be based upon the Board's findings of fact and
conditions of approval and shall provide for the following:
(a)
Payment of an impact fee representing the applicant's fair share
of road and street improvements, inclusive of land acquisition costs,
if any, in accordance with the standards set forth in this Code and
the T.I.D. subplan. Unless an installment payment schedule is approved,
the impact fee shall be paid prior to the issuance of any building
permits.
(b)
Where the development is phased, an installment payment schedule,
if requested by the applicant, based upon the phasing of the development
or other standards as outlined in the subplan to the circulation element
of the Township's Master Plan with respect to the collection of the
fee determined. With any installment payment plan, full payment shall
be required prior to the issuance of the final building permit for
the project or phase thereof subject to such installment payments.
(c)
The limit of the applicant's off-tract traffic improvement liability
upon full or partial payment of the impact fee.
(d)
A description of structural improvements to be made by or at
the expense of the developer, in lieu of an impact fee contribution
or some combination thereof, if any, and the timing or sequencing
of such installation.
(e)
A description of any credits or repayment due the developer
as a result of voluntary construction or payments in excess of the
developer's fair share based upon the standards set forth in the T.I.D.
subplan.
(f)
In the event that funds shall be escrowed, the terms and conditions
under which such escrow shall be established, maintained and released.
(g)
Such other matters as may be recommended by the Board or the
Township Committee.
3.
Use of funds collected. Any funds collected by way of impact fee
shall be maintained in a separate escrow account credited to the Township.
Such funds shall be used only for improvements referred to in the
Transportation Improvement District subplan and as adopted as part
of the Township's Capital Improvement Program.
4.
Low and moderate income housing. Development applications containing
proposals for low and moderate income housing, as defined by ordinance,
shall be subject to this article except that any computations with
respect to the number of units shall exclude units which are approved
for low and moderate income uses.
5.
Exemption for public buildings. Development applications made by
a municipal agency for the construction of a public building shall
be exempt from this section provided that the Township Committee finds
that the proposed building will serve a public purpose and promote
the public health, safety and welfare.
6.
Effect of transportation district on development applications with
prior approvals. Applicants who have obtained preliminary or final
approval with respect to a development application located within
the Transportation Improvement District, provided such approvals are
valid, may choose to be treated, with respect to such applications,
in accordance with the provisions of their respective approval resolution
or, in the alternative, may choose to be treated in accordance with
the standards set forth in the T.I.D. subplan.
[Ord. #85-482, S 1001]
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Township. Any action taken by the
Township under the terms of this chapter shall give primary consideration
to the above mentioned matters and to the welfare of the entire community.
[Ord. #85-482, S 1002]
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for such subdivision or site plan approval as specified in sections 16-5 and 16-8 of this chapter if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of said requirements is impracticable or will exact undue hardship; however, any exception granted by the Planning Board must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter. The Zoning Board of Adjustment shall have the power to grant such exceptions when acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval in connection with applications for a use or "d" variance.
[Ord. #85-482, S 1003; Ord. #88-584, S VI A-C; Ord. #03-1119,
SS 14, 15; Ord. #08-1290 SS 2,3]
a.
Township Engineer, the Construction Official and the Zoning Officer.
It shall be the duty of the Township Engineer, the Township Construction
Official and the Township Zoning Officer to administer and enforce
the provisions of this chapter. For the purposes of inspection, the
Township Engineer, the Township Construction Official and the Township
Zoning Officer shall have the right to enter any building(s) or premise(s)
during reasonable hours subject to due process of law.
1.
Township Engineer.
(a)
It shall be the duty of the Township Engineer to monitor all
land disturbances, tree removal and all land improvements undertaken
in the Township pursuant to approval of a subdivision and/or site
plan in accordance with the applicable provisions of this chapter.
(b)
Prior to the commencement of any land disturbance, tree removal
or any land improvement, the developer shall arrange for and attend
a preconstruction meeting with the Township Engineer. At said meeting,
the subject subdivision plat and/or site plan shall be identified,
marked and dated by the Township Engineer with an acknowledgement
as to its conformity to the subdivision and/or site plan approved
by the Planning Board or Zoning Board of Adjustment, as the case may
be, including any conditions of approval written in the approval resolution.
Thereafter, the marked and dated subdivision and/or site plan shall
be filed in the office of the Township Community Development Office.
(c)
The Township Engineer shall issue a written communication to
the developer within 10 days after the preconstruction meeting, either:
(1)
Authorizing the commencement of land disturbance, tree removal
and/or land improvement in accordance with the approved plat or plan,
including any conditions of approval written in the approval resolution,
and in accordance with any and all limitations and/or conditions as
deemed appropriate by the Township Engineer specifically enumerated;
or
(2)
Denying the commencement of land disturbance, tree removal and/or
land improvement, with the reasons for such denial specifically enumerated.
A copy of the written communication shall be immediately filed
in the office of the Township Community Development Office, and additional
copies shall be immediately forwarded to the Chairman of the Planning
Board or to the Chairman of the Zoning Board of Adjustment, as the
case may be, and to the Board's Attorney.
(d)
In accordance with Subsection 16-9.2f of this chapter, all improvements for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Township Engineer. At the time of inspection, in addition to an evaluation and determination of the sufficiency of the engineering aspects of the improvements, the Township Engineer shall evaluate and determine the correctness of the improvements relative to all aspects of the approved subdivision and/or site plan.
(1)
Should any improvement, whether completed or under construction,
be found by the Township Engineer to be contrary to the subdivision
and/or site plan as approved by the Planning Board or Zoning Board
of Adjustment, including any imposed conditions, such fact shall immediately
be orally communicated to the developer or his/her appropriate representative
on-site and, thereafter, shall be communicated by the Township Engineer
in writing to the developer or his/her attorney; and
(2)
A copy of the written communication shall be immediately filed
in the office of the Township Administrator and Township Community
Development Office, and additional copies shall be immediately forwarded
to the Chairman of the Planning Board or to the Chairman of the Zoning
Board of Adjustment, as the case may be, and to the Board's Attorney.
(e)
Within a reasonable time period as established by the Township
Engineer in his written communication to the developer or his/her
representative, the improvement found by the Township Engineer to
be contrary to the subdivision and/or site plan shall be corrected
so as to conform to the approved subdivision and/or site plan, or
the Township Engineer shall:
(1)
Issue a stop work order pending the correction of said improvement
or the resolution of any dispute; and/or
(2)
Refer the matter via a written communication to the Planning
Board or Zoning Board of Adjustment, as the case may be, for its review
of the matter and reconsideration of its prior approval(s).
(f)
The developer immediately shall comply with any issued stop
work order and/or any other conditions imposed by the Township Engineer;
otherwise the Township Engineer shall communicate in writing within
two working days the particulars of the developer's noncompliance
to the Township Attorney.
2.
Construction Official.
(a)
It shall be the duty of the Construction Official to monitor the construction of any building or structure in the Township. No new structure and no improvement to the interior of any existing structure shall be undertaken until a construction permit is obtained from the Construction Official in accordance with N.J.A.C. 5:23-2.14 and Subsection 16-10.3b of this chapter.
(b)
It shall be the duty of the Construction Official in accordance
with N.J.A.C. 5:23-4.5 to keep a record of all applications and all
construction permits which are either issued or denied, with notations
of any conditions involved, including the actual elevation (NGVD)
of the lowest floor area of any structure and/or the elevation to
which a structure has been flood-proofed in flood plain areas, which
data shall form a part of the Township public records. A monthly report
of construction permits shall be filed with the Tax Assessor and the
Township Committee.
(c)
Should any construction, whether completed or in process, be
found by the Construction Official to be contrary to the approved
construction plans and/or the Uniform Construction Code of the State
of New Jersey, such fact shall immediately be noticed to the landowner
or his/her appropriate representative on-site.
(1)
The Construction Official shall issue in writing to the landowner
or his/her attorney a notice of violation and orders to terminate,
directing the discontinuance of the illegal action or condition and
the correction of the violation pursuant to N.J.A.C. 5:23-2.30.
(2)
A copy of the written communication shall be immediately filed
in the office of the Township Administrator, and additional copies
shall be immediately forwarded to the Mayor and to the Township Attorney.
(d)
The construction improvement found by the Construction Official
to be contrary to the approved construction plans and/or the Uniform
Construction Code shall be corrected within the time ordered by the
Construction Official so as to conform to the applicable construction
requirements, or the Construction Official shall, pursuant to N.J.A.C.
5:23-2.31:
(e)
The landowner immediately shall comply with any issued stop
work order and/or any other conditions imposed by the Construction
Official; otherwise the Construction Official may communicate in writing
the particulars of the landowner's noncompliance to the Township Attorney
pursuant to N.J.A.C. 5:23-2.31.
3.
Zoning Officer.
(a)
It shall be the duty of the Zoning Officer to:
(1)
Inspect the uses, land and structures in the Township and order
the owner in writing to remedy any condition found to exist in violation
of any provision of this chapter and/or any variance, subdivision
and/or site plan approved by the Planning Board or Zoning Board of
Adjustment, as the case may be, including any conditions of approval
written in the approval resolution; no structure or land shall be
used in violation of this chapter and/or any approved variance, subdivision
and/or site plan; and
(2)
Issue zoning permits, as may be required by provisions of this chapter, including, but not limited to, for the construction, erection, installation or enlargement of any building, accessory building, deck, pool/spa/hot tub, fence, or tower; for an increase in lot coverage by the construction, installation or enlargement of a patio, driveway, or any other paved or surfaced area/structure that is impervious, or semi-pervious, and exceeds 100 square feet in area; for the review of Change of Use, Change of Tenant (Commercial), or Tenant Fit-Out; and for the erection, re-erection, construction, placement, or location of a sign pursuant to Subsection 16-5.13c of this chapter.
(b)
Should any use, land or structure be found by the Zoning Officer
to exist in violation of any provision of this chapter and/or any
approved variance, subdivision and/or site plan, such fact shall immediately
be orally communicated to the landowner or his/her appropriate representative
on site and, thereafter, shall be communicated by the Zoning Officer
in writing, by certified or registered mail, to the landowner or his/her
attorney.
(1)
The notice shall specify a reasonable time period, depending
upon the nature of the violation, within which the owner must bring
the subject use, land or structure into compliance with this chapter
and/or any approved variance, subdivision and/or site plan.
(2)
The Zoning Officer also shall notify the Township Attorney and
the Township Administrator of the violation via a written communication.
(c)
In the event that an owner of the use, land or structure, which
was found by the Zoning Officer to exist in violation of any provision
of this chapter and/or any approved variance, subdivision and/or site
plan, fails to bring the use, land or structure into compliance with
this chapter and/or any variance, subdivision and/or site plan approval
within the time period ordered by the Zoning Officer, the Zoning Officer
shall so inform the Township Administrator, the Township Attorney,
and the Construction Official to determine the legal options available
to facilitate remedial action in each individual case.
b.
Construction Permits.
1.
Construction permits shall be required as provided by the State Uniform
Construction Code, its subcodes, and regulations promulgated pursuant
thereto. Fees for construction permits shall be in accordance with
the applicable ordinances of the Township.
2.
Every application for a construction permit shall be accompanied
by a plot plan drawn in ink or a blueprint drawn at a scale of not
greater than one inch equals 50 feet and prepared by a New Jersey
licensed professional engineer, licensed land surveyor or licensed
architect, including accurate lot lines certified by a New Jersey
licensed professional land surveyor. A statement shall be included
on each plot plan, where applicable, verifying that the plot plan
for this lot is in compliance with the conditions of any variance,
subdivision or site plan approved by the Planning Board or the Zoning
Board of Adjustment, as the case may be, and with the final grading
plan of said approved variance, subdivision or site plan. If the lot
is an existing lot which is not subject to any conditions of a Board's
approval, then a note stating so should be included on the plot plan.
Each plot plan shall be prepared in sufficient detail to show the
following information, unless it is specifically noted by the licensed
professional preparing the plan that the information is not applicable
to the subject property:
(a)
The zoning district name, requirements, and the proposed compliance
with the requirements, including a building coverage and lot coverage
calculation.
(b)
The exact location of the proposed dwelling, driveway and any
accessory structure(s) in relation to the zoning district setbacks
and property lines, which are to be shown on the plan, and to any
existing and proposed buildings, driveways, sidewalks, septic systems,
utilities or other structures on the lot.
(c)
The location, type and width of all easements, including but
not limited to conservation, drainage, utility, and emergency access,
all covenants and all deed restrictions on the property, with metes
and bounds description, where applicable.
(d)
Existing and proposed contours with intervals of one foot where
slopes are less than 2% in grade and/or lots are less than one-half
acre in size or intervals of two feet where slopes are more than 2%
and/or lots are greater than one-half acre in size. All contour information
shall refer to a known datum. Existing contours shall be shown as
a dashed line; finished grades shall be shown as a solid line.
(e)
Spot elevations at dwelling and/or accessory structure(s) corners,
driveway, first floor, garage floor and basement floor elevations,
lot corners, center line of street, edge of pavement and any other
locations as necessary.
(f)
The height, number of stories and size of all existing and proposed
building(s) and accessory structures and their existing or intended
use, including the number of dwelling units within the building.
(g)
Number and location of off-street parking spaces, a detail of driveway and street intersection, including any sight triangles, and a profile and slope of the proposed driveway and typical pavement detail. Any proposed driveway shall comply with the provisions of Subsection 16-5.8 of this chapter.
(h)
The location of all "critical areas" in accordance with Subsection 16-6.4 of this chapter, including but not limited to, 100-year flood plain or written certification that the property is not in a flood plain by the engineer or land surveyor and location of any freshwater wetlands and transition areas or a written certification by the engineer or land surveyor indicating that the property is not in the wetlands or transition areas, DRCC and/or Township of Montgomery Stream Corridors, topographic slopes 15% or greater, and Bowmansville, Cokesbury, Croton, Elkton, Fluvaquents, Lamington, Parsippany and Watchung soils. Where 100-year flood plain exists on site, a written certification by the engineer or surveyor is required stating that the structure is at least one foot above the flood elevation.
(i)
Calculation of contiguous land area on the lot which does not
include any of the above "critical areas" or detention or retention
basins, as required by this chapter.
(j)
Limits of disturbance. All wooded areas and any existing trees
having a caliper of eight inches or more measured three feet above
the ground level, which trees are located within the area of the property
to be disturbed and 20 feet beyond the outer limits of the disturbed
area, shall be shown.
(k)
A delineation and description of any proposed extension(s) of
public utilities.
(l)
Soil erosion and sediment control plans shall include but not
be limited to wheel cleaning blankets, location of sediment filter
fences, temporary and permanent seeding, general notes and any other
requirement of the Township Engineer.
(m)
The existing surface drainage pattern shall include but not
be limited to swales, ditches, brooks or other drainage patterns,
and how it affects the subject property. Any proposed changes in the
existing surface drainage pattern which will result from the construction
of the dwelling proposed for the subject property shall be shown.
(n)
The proposed location of roof leader drains and sump pump discharge
pipe outlet.
(o)
The location of any existing or proposed stormwater sewer system.
(p)
The location and grading of sewerage facilities to be either a house lateral or an on-site sewage disposal system in accordance with Chapter BH6 of the Township of Montgomery Board of Health Code and approved by the Health Department (a copy of the approved septic system shall accompany the plan).
(q)
The location of any retaining walls with top and bottom of wall
elevations. Plans, profiles, cross-sections, and details of all retaining
walls showing the height of wall, the elevation at the top and bottom
of each wall, the materials to be used, a profile and cross-section
of the wall, any proposed plantings, any safety barriers, calculations
of anticipated earth and hydrostatic pressures and surcharges, and
calculations detailing the wall design shall be provided unless such
documents were reviewed and approved as part of a subdivision or site
plan application. All plans, details, and calculations shall be prepared,
signed, and sealed by a licensed professional engineer.
(r)
Lot and block numbers as per the Township Tax Assessor or Tax
Map.
(s)
Name, title, address, telephone number, license number, seal
and signature of the professional or professionals who prepared the
plat or plan.
(t)
Name of municipality and County in which project is located
and address of project.
(u)
Name, address and phone number of the owner or owners of record.
(v)
Any other detail deemed necessary for approval by the Township
Engineer or his duly authorized representative. In addition to the
above required grading plan, the applicant also shall provide a complete
set of architectural plans for the new dwelling unit, and/or accessory
structure(s) signed and sealed by a licensed architect or engineer.
Additionally, all requirements for construction permits contained
in the Uniform Construction Code (N.J.A.C. 5:23-2.15) shall be met.
All dimensions on these plans relating to the location and size of
the lot to be built upon shall be based on an actual survey of the
lot by a licensed surveyor in the State of New Jersey.
3.
A construction permit shall be granted or denied in writing within
20 working days of a complete application unless additional time is
agreed upon in writing by the applicant. One copy of such plans shall
be returned to the owner when such plans have been approved or denied
by the Construction Official together with such permit as may be granted.
4.
The lot and the location of the structure(s) thereon shall be staked
out on the grounds before construction is started and a copy of the
construction permit shall be posted conspicuously on the premises
affected whenever construction work is being performed thereon. Freshwater
wetlands shall be field delineated in accordance with the procedures
described in the Freshwater Wetland Regulations by a qualified expert.
All points shall be prominently flagged in the field with orange flagging
and point numbers. The point locations and numbers shall be provided
on the Environmental Constraints Map signed and sealed by a professional
land surveyor or engineer licensed to practice in the State of New
Jersey. Additionally, all other requirements for construction permit
procedures set forth in the Uniform Construction Code of N.J.A.C.
5:23-2.16 shall be met.
5.
No construction permit shall be issued for any structure until prior
site plan, subdivision and variance approvals, as may be necessary,
have been granted by the appropriate Federal, State, County, or municipal
agency or agencies in accordance with the provisions of this chapter
and until all review and inspection fees and all local taxes and assessments
on the property have been paid.
6.
Additionally, any proposed extension(s) of the public water, sewerage,
stormwater management facilities and/or utilities shall be reviewed
and approved by the Township Engineer prior to the issuance of a construction
permit, and a written communication of the results of such reviews
and a statement of approval or denial shall be provided by the Township
Engineer to the Construction Official.
c.
Certificate of Occupancy.
1.
Upon the completion of any building, structure or alteration in compliance
with this chapter and any other ordinance, rule or regulation, the
owner or his agent shall apply to the Construction Official, in writing,
for the issuance of a certificate of occupancy for said structure,
building or alteration pursuant to the provisions of this section,
but only when:
(a)
The structure or part(s) thereof and the proposed use conform
to this chapter and all other applicable codes and ordinances of the
Township;
(b)
Prior site plan, subdivision and variance approvals, developers
agreements, as may be necessary, have been granted or approved by
the appropriate municipal agency or municipal agencies in accordance
with the provisions of this chapter;
(c)
All local taxes and assessments on the property have been paid;
(d)
Confirmation from each utility company has been received by
the Township stating that the utility has been inspected in accordance
with the approved plan and is ready for use; and
(e)
Certified as built grading plans have been submitted to and
approved by the Township Engineer.
2.
Every application for a certificate of occupancy shall be accompanied
by payment of the fee in accordance with the applicable ordinances
of the Township.
3.
The Construction Official shall issue a certificate of occupancy
to the owner of every structure, building or alteration entitled to
same, within the time and according to the procedures set forth in
the New Jersey State Uniform Construction Code, and in this chapter.
4.
With respect to any finally approved subdivision and/or site plan
or subsection thereof, a certificate of occupancy shall be issued
only upon the completion of the following improvements as such improvements
may be required as part of subdivision and/or site plan approval:
(a)
Curbs.
(b)
All utilities.
(c)
Water supply and sewerage treatment facilities, which shall
be functioning and servicing the property in question.
(d)
Storm drainage facilities.
(e)
Rough grading of the property.
(f)
Base course of the street or streets serving the property.
(g)
Base course of driveways and parking areas.
5.
With respect to any individual residential lot within a subdivision, a certificate of occupancy shall be issued only upon the completion of the following improvements, in addition to those listed in Subsection 16-10.3c4 hereinabove, to the extent the same are required as part of the subdivision approval:
6.
A copy of any issued certificate of occupancy shall be kept on file
at the premises affected and shall be shown to the Construction Official
upon request.
7.
Should the Construction Official decline to issue a certificate of
occupancy, his reason for doing so shall be stated on two copies of
the application and one copy shall be returned to the applicant.
8.
A temporary certificate of occupancy may be issued for a new structure
or use for which site approval has been granted although not all conditions
of said approval have been complied with. Such temporary certificate
of occupancy shall be issued only in extenuating circumstances and
only with the approval of the Construction Official who shall establish
specific terms and conditions, including, but not limited to, a time
limit for the installation of the incompleted improvements and the
receipt of an appropriate performance guarantee assuring the installation
of the improvements as indicated on the approved plat or plan.
9.
A monthly report of the certificates of occupancy issued shall be
filed with the Tax Assessor. A record of all certificates of occupancy
shall be kept in the office of the Construction Official and copies
shall be furnished on request to any person having a proprietary or
tenancy interest in the structure or land affected. The charge for
each copy shall be established by resolution of the Township Committee
except that there shall be no charge to a municipal agency.
10.
The following shall be unlawful until a certificate of occupancy
is issued by the Construction Official:
(a)
Occupancy and use of a building erected, constructed, restored,
altered, or moved, or any changes in use of an existing building.
(b)
Occupancy, use or change in use of vacant land, other than for
agricultural purposes.
(c)
Any change in the use of a nonconforming use.
(d)
Occupancy and use of any enlargement to an existing structure.
d.
Zoning Permits.
1.
A zoning permit from the Zoning Officer shall be required:
(a)
Prior to the construction, erection, installation or enlargement
of any building, accessory building, deck, pool/spa/hot tub, fence,
or tower; and
(b)
Prior to an increase in lot coverage by the construction, installation
or enlargement of a patio, driveway, or any other paved or surfaced
area/structure that is impervious, or semi-pervious, and exceeds 100
square feet in area; and
(c)
For the review of a Change of Use, Change of Tenant (Commercial),
or Tenant Fit-Out; and
(d)
For the erection, re-erection, construction, placement, or location of a sign pursuant to Subsection 16-5.14c of this chapter; and
(e)
For any structure or use that has been approved by the Planning
Board or Zoning Board of Adjustment, as the case may be, as part of
an approved development application.
2.
Where a construction permit is required by State law, the Zoning
Officer shall first review the zoning permit application and plans
for conformance with the Township Ordinance provisions prior to referring
the application to the Construction Official for the issuance of a
construction permit.
3.
Fees for zoning permits shall be in accordance with the applicable
ordinances of the Township.
4.
Every application for a zoning permit shall be submitted with the
completed application form, the required fee, and shall include a
plan with the following details:
(a)
A scaled drawing of the proposed structure, indicating the location,
its dimensions and height, the type and materials to be used in its
construction, the setbacks from property lines and other buildings,
any lighting, location of existing trees, and any increase in building
coverage(s), lot coverage and, where applicable, Floor Area Ratio;
(b)
Any "critical areas" as defined by this chapter in the vicinity
of the proposed structure or improvement;
(c)
For a zoning permit for a Change of Use, Change of Tenant (Commercial)
or Tenant Fit-Out, the existing and proposed use(s) of the building
and floor plans as may be necessary to show Tenant Fit-Out; and
(d)
Any other information required by the Zoning Officer in his/her
review that is necessary to determine conformance with the Township
Ordinance provisions or any other information required by other local,
State or Federal law.
5.
A zoning permit shall be granted or denied in writing within 10 working
days after the filing of a complete application unless additional
time is agreed upon in writing by the applicant.
[Ord. #85-482, S 1004; Ord. #88-584, S VI D]
a.
A prospective purchaser, prospective mortgagee or any other person
interested in any land in the Township which has been part of a subdivision
in effect as of July 14, 1973 may apply in writing to the Administrative
Officer for the issuance of a certificate certifying whether or not
such subdivision has been duly approved by the Planning Board.
b.
Such application shall contain a diagram showing the location and
dimension of the land to be conveyed by the certificate and the name
of the owner thereof. A $10 fee shall be paid to the Administrative
Officer, on behalf of the Township, for the requested certificate.
c.
The Administrative Officer shall make and issue such certificate
within 15 days after receipt of the written application and accompanying
fee. The Administrative Officer shall keep a duplicate copy of each
certificate, consecutively numbered, including a statement of the
fee received, in a binder as a permanent record in his or her office.
d.
Each certificate shall be designated a "Certificate as to Approval
of Subdivision of Land" and shall certify:
1.
Whether there exists a duly established Planning Board and whether
there is a duly adopted ordinance controlling the subdivision of land;
2.
Whether the subdivision, as it relates to the land shown in the application,
has been approved by the Planning Board and, if so, the date of such
approval, any conditions attached to such approval and any extensions
and terms thereof showing that the subdivision, of which the subject
lands are a part, is a validly existing subdivision; and
3.
Whether such subdivision, if the same has not been approved, is statutorily
exempt from the requirements of approval as provided in N.J.S.A. 40:55D-1
et seq. and as defined in this chapter.
[Ord. #85-482, S 1005]
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted; or any building, structure or land is
used in violation of, or contrary to, the provisions of this chapter,
or any building, structure or land is used in violation of, or contrary
to, any approved site plan and/or subdivision plat, including any
conditions made thereto, the Township may institute an action to enjoin
or any other appropriate action or proceeding to prevent such erection,
construction, reconstruction, alteration, conversion or use. However,
nothing in this chapter shall be construed to restrict the right of
any party to obtain a review by any court of competent jurisdiction
according to law.
[Ord. #85-482, S 1006]
a.
Fines. Any violation hereunder shall be considered an offense punishable
by a fine not to exceed $1,000 for each offense or imprisonment for
a term not exceeding 90 days or both. The following rules shall apply
in determining responsibility for violations and penalties:
1.
The owner, general agent, contractor or occupant of a building, premises
or part thereof where such a violation has been committed or does
exist shall be guilty of such an offense.
2.
Any agent, contractor, architect, engineer, builder, corporation
or other person who commits, takes part or assists in such violation
shall be guilty of such offense.
3.
Each day that a violation continues after notification that it exists
shall constitute a separate offense.
4.
The imposition of penalties herein shall not preclude the Township
or any other person from instituting an action to prevent an unlawful
construction, reconstruction, alteration, repair, conversion, or use
or to restrain, correct or abate a violation, or to prevent the illegal
occupancy of a building, land or premises.
b.
Selling Land Before Final Subdivision Approval.
1.
If, before final subdivision has been granted, any person, as owner
or agent, transfers or sells or agrees to transfer or sell any land
which forms a part of a subdivision for which municipal approval is
required in accordance with the provisions of this chapter, except
pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
$1,000 and each lot disposition so made may be deemed a separate violation.
[Ord. #85-482, S 1100]
This chapter may be amended from time to time by the Township
Committee after the appropriate referrals, notices, hearings and other
requirements of law.
[Ord. #85-482, S 1200]
If any section, paragraph, subsection, clause or provision of
this chapter shall be adjudged by the courts to be invalid, such adjudication
shall apply only to the section, paragraph, subsection, clause or
provision so adjudged and the remainder of this chapter shall be deemed
valid and effective.
[Ord. #89-621, S 4]
The Legislature of the State of New Jersey has in N.J.S.A. 40:55D-107,
et seq., as amended, delegated to the governing bodies of municipalities
the authority to adopt regulations designed to promote the protection
of certain architecturally, historically and archaeologically significant
structures, sites or districts for the general welfare of their residents
and to establish a landmarks commission.
[Ord. #89-621, S 4]
It is hereby found and determined:
a.
Within the Township of Montgomery there are many features, improvements,
places, buildings or other areas that have special character, or historical
or aesthetic interest or value, or represent fine architectural products
of distinct periods in the history of the Township.
b.
The preservation of such special features, improvements, places,
buildings or other areas is vital to the education of the Township's
youth and to the continuity of the Township's rich heritage.
c.
The purposes of this section are:
1.
To effect and accomplish the protection, enhancement and perpetuation
of historic sites and districts that represent or reflect elements
of the Township's cultural, social, economic, political and architectural
history; and
2.
To safeguard the Township's historic and cultural heritage as embodied
and reflected in its historic sites and districts by protecting sites
and districts from incompatible new development and inappropriate
expansion of infrastructure within those historic districts, to protect
isolated sites from inappropriate demolition, and to take other necessary
and appropriate actions pursuant to this ordinance to ensure the continued
existence of Montgomery Township's rich historical heritage.
[Ord. #89-621, S 4]
As used in this section, the following words and phrases shall
have the following meanings. Unless specifically defined herein, words
or phrases used in this section shall be interpreted in accordance
with common usage and so as to give this section its most reasonable
application.
Shall mean the construction of a new improvement as a part
of an existing improvement when such new improvement changes the exterior
appearance of the front facade of any designated landmark, or the
exterior appearance of any designated landmark visible from any public
way.
Shall mean any work done on any building or structure which:
Shall mean the razing of any building or structure or the
obliteration of any natural feature of a designated landmark.
Shall mean an area designated as an historic district by
ordinance of the Township Committee and which may contain within definable
geographic boundaries historic sites which are visually related, and
which may have within its boundaries other properties or structures
that, while not of such historic and/or architectural significance
to be designated as historic sites, nevertheless, contribute to the
overall visual characteristics of the historic site or historic sites
located within the historic district.
Shall mean real property, man-made structure, natural object
or configuration or any portion or group of the foregoing which have
been formally designated in the master plan as being of historical,
archeological, cultural, scenic or architectural significance.
Shall mean structure or part thereof constructed or installed
upon real property by human endeavor and intended to be kept at that
location of such construction or installation for a period of not
less than 60 contiguous days.
See Historic Site.
Shall mean official newspaper of the Township of Montgomery.
Shall mean application and accompanying documents required by this chapter and by any rules of the Landmarks Commission for any action for which preservation plan approval is required pursuant to Subsection 16-13.17 sufficient to demonstrate that the standards and criteria set forth in Subsections 16-13.20 and 16-13.21 where applicable have been satisfied.
Shall mean any work done on any improvement which:
Shall mean repairs, when a building permit is required for
same.
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.
[Ord. #89-621, S 4]
There is hereby created and established in the Township of Montgomery
a Landmarks Preservation Commission consisting of seven regular and
two alternate members of the following classes:
Class A — Persons who are knowledgeable in building
design and construction or architectural history and who may reside
outside of the Township:
Class B — Persons who are knowledgeable or have
a demonstrated interest in local history and who may reside outside
of the Township;
Class C — All members appointed to the Commission
who are not designated as Class A or Class B members. Class C members
shall be citizens of the municipality who shall hold no other municipal
office, position or employment except that one Class C member may
be a member of the Planning Board and one Class C member may be a
member of the Board of Adjustment.
Alternate Members — Alternate members shall
meet the qualifications of Class C members.
The Mayor shall appoint all members of the Commission and shall
designate at the time of appointment the regular members by class
and the alternate members as "Alternate No. 1" and "Alternate No.
2". A total of at least three regular members shall be of Classes
A and B.
[Ord. #89-621, S 4]
The terms of the members first appointed shall be determined
by the Mayor so that to the greatest practical extent, the expiration
of the terms shall be distributed in the case of regular members evenly
over the first four years after their appointment, and in the case
of alternate members, evenly over the first two years after their
appointment; provided, that the initial term of no regular member
shall exceed four years and that the initial term of no alternate
member shall exceed two years. Thereafter, the term of a regular member
shall be four years; and the term of an alternate member shall be
two years. All terms shall run from January 1 of the year in which
the appointment was made. Notwithstanding any other provisions herein,
the term of any member common to the Landmarks Preservation Commission
and the Planning Board shall be for the term of membership on the
Planning Board; and the term of any member common to the Landmarks
Preservation Commission and the Board of Adjustment shall be for the
term of membership on the Board of Adjustment.
[Ord. #89-621, S 4]
A vacancy occurring otherwise than by expiration of term shall
be filled by appointment as above provided for the unexpired term
only.
[Ord. #89-621, S 4]
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
[Ord. #89-621, S 4]
Yearly, the Landmarks Preservation Commission shall organize
by selecting from among its members a Chairperson and a Vice Chairperson.
The Commission shall also select a Secretary who may or may not be
a member of the Landmarks Preservation Commission or an employee of
the Township.
[Ord. #89-621, S 4]
No member of the Landmarks Preservation Commission shall be
permitted to act on any matter in which he has, either directly or
indirectly, any personal or financial interest. A member of the Landmarks
Preservation Commission may, after public hearing if he requests it,
be removed by the Township Committee for cause.
[Ord. #89-621, S 4]
No action shall be taken at any meeting of the Landmarks Preservation
Commission without a quorum being present, said quorum to be the majority
of the full authorized membership of the Commission. All action shall
be taken by a majority vote of the members of the Commission present
at the meeting. All meetings of the Landmarks Preservation Commission
shall be open to the public except, as provided in the Open Public
Meetings Law, P.L. 1976, c.231. Notice of such meetings shall be given
in accordance with the requirements of the Open Public Meetings Law.
[Ord. #89-621, S 4]
The Township Committee, after giving due consideration to budget
requests that may be submitted by the Landmarks Preservation Commission
shall make provisions in its budget and appropriate funds for the
expenses of the Landmarks Preservation Commission.
[Ord. #89-621, S 4]
Within the budget appropriations established by the Township
Committee, the Commission may retain such professional assistance
as it deems necessary. The Commission shall obtain its legal counsel
from the Municipal Attorney at the rate of compensation determined
by the Township Committee.
[Ord. #89-621, S 4; Ord. #05-1202, S 2]
The Landmarks Preservation Commission shall have the following
powers and duties:
a.
To adopt and promulgate such regulations and procedures not inconsistent
herewith as are necessary and proper for the effective and efficient
performance of the duties herein assigned.
b.
Within six months from the effective date of this section, to complete
a survey of historic sites and historic districts in Montgomery Township
and to prepare a list and official map of said historic sites and
districts which shall then be referred to the Planning Board for inclusion
in the Master Plan pursuant to N.J.S.A. 40:55d-28(b). The list and
official map shall also be referred to the Montgomery Township Committee
for adoption and inclusion in the Zoning Map and the Land Development
Ordinance as a Landmarks Preservation Overlay Zone.
c.
To keep a register of all properties and structures that have been
designated as historic sites or historic districts, including all
information required for each designation. To advise and assist owners
of historic sites and property or structures within historic districts
on physical and financial aspects of preservation, renovation, rehabilitation
and re-use and on procedures for inclusion on the National Register
of Historic Places.
d.
To provide information and advice concerning all proposed National
Register nominations for properties that come within the jurisdiction
of the Landmarks Preservation Commission and to provide assistance
to people who may wish to secure national or state historic recognition.
e.
To hold public hearings and to review applications for construction, alteration, removal or demolition affecting proposed or designated historic sites within historic districts in accordance with the provision of Subsection 16-13.16. Applicants may be required to submit plans, drawings, elevations, specifications, and such other information as may be necessary for the Commission to make informed decisions upon said applications.
g.
To develop specific design guidelines for the alteration, construction,
or removal of landmarks or property and structures within historic
districts.
h.
Subject to the amount appropriated by the Township Committee for
the Commission's use, to call upon available Township staff members
as well as other experts for technical advice.
i.
Subject to the amount appropriated by the Township Committee for
the Commission's use, to retain such specialists or consultants and/or
to appoint such citizen advisory committees as may be required from
time to time;
j.
To amend from time to time as circumstances warrant the Landmark
Designation List and Historic Preservation Map for the Township.
k.
To advise the Planning Board and the Zoning Board of Adjustment on
matters affecting historically and architecturally significant property,
structures and areas.
l.
At its discretion, to confer recognition upon the owners of landmarks
or properties or structures within historic districts by means of
certificates, plaques, or markers.
m.
To collect and assemble materials on the importance of historic preservation
and specific techniques for achieving same.
n.
Report at least annually to the Township Committee on the state of
historic preservation in the Township and to recommend measures to
improve same.
o.
To undertake any other action or activity necessary or appropriate
for the implementation of its powers and duties pursuant to this section
or to the implementation of the purposes of this section.
p.
To undertake any action or activity reasonably necessary or appropriate to implement and promote the Montgomery Township Landmarks Preservation Grant Program ("program") established through section 2-29 of this Code, including but not limited to receiving, reviewing and ranking applications for grants, making recommendations to the Township Committee for the award of grants, verifying the completion of projects for which grants are being awarded and establishing procedures and policies for the program.
[Ord. #89-621, S 4]
a.
Preparation of Survey. The Landmarks Preservation Commission shall undertake a survey of the Township of Montgomery to identify neighborhoods, areas, sites, structures and objects over 50 years of age that may have historic, architectural, or aesthetic importance, interest or value as evidenced by an evaluation using the criteria identified in Subsection 16-13.15. In its effort to prepare this survey, the Landmarks Preservation Commission shall review and evaluate any available prior surveys and studies by any unit of government or private organization, and compile appropriate descriptions, facts and photographs. The Landmarks Preservation Commission shall then systematically identify potential historic sites and historic districts in the Township based on the criteria identified in Subsection 16-13.15. These criteria shall be the basis for inclusion in the Landmarks Preservation Overlay Area on the Zoning Map and Land Development Ordinance of the Township.
b.
Documentation and Notification. Based upon the results of the survey
identified in paragraph a above and recommendations of interested
citizens, the Landmarks Preservation Commission shall document the
importance and historical significance to the municipality, state
and nation of each proposed historic site or district in terms of
the purposes and criteria set forth in this section. Thereafter, the
Landmarks Preservation Commission shall by certified mail:
1.
Notify each property owner that his property has been tentatively
included in the survey as an historic site or within an historic district;
2.
Advise each owner of the significance and consequences of such designation
and advise him of his opportunities and rights to participate in the
process by which his property may be designated;
3.
Invite each owner to consent voluntarily to final designation of
his property as an historic site without the need for public hearing
or other protection. No property shall be designated as an historic
site included in the Landmarks Preservation Overlay Area if the owner
of said property objects to such designation and inclusion of his
property unless that property is located within an historic district,
in which case the property owner may challenge the designation by
the procedures outlined in paragraph d of this subsection. In addition,
concurrence of at least 3/4 of the property owners in a proposed historic
district must be obtained prior to final designation of that district
by the Commission pursuant to paragraph f of this subsection as historic
in the survey.
c.
Additional Mechanism for Inclusion in Survey. The Landmarks Preservation Commission shall prepare a form which may be submitted by a member of the Landmarks Preservation Commission or an owner of record of any property requesting inclusion of that property in the survey as an historic site or historic district. The proposed historic site must meet one or more of the criteria presented in Subsection 16-13.15, and consent of the individual property owner must be obtained in the manner prescribed by paragraph b above.
d.
Public Hearing. The Landmarks Preservation Commission shall, as soon
as practicable, upon completion of the survey and correspondence with
the property owners involved, make public a complete list and map
of the proposed historic districts, sites and landmarks, specifying
the locations, boundaries and property names thereof, and designating
any landmark or historic district. The Landmarks Preservation Commission
may determine and specifically designate certain buildings and structures
as non-contributing to the historic district. The tentative list and
map shall thereafter be submitted at a public hearing to the examination
and criticism of the public. Interested persons shall be entitled
to present their opinions, suggestions and objections at this public
hearing. A list of historic sites and a map showing all proposed historic
districts shall be published, together with a notice of the hearing
on same, in the official newspaper of the Township not less than 10
days prior to such hearing.
e.
Final Decision by Commission. After full consideration of the evidence
presented at the public hearing, the Landmarks Preservation Commission
shall make its final decision regarding the proposed designations,
and shall issue its final report to the public stating reasons in
support of its action with respect to each site, landmark or historic
district designation.
f.
Submission of Survey and Map to Township Clerk and Planning Board.
After the public hearing, the final survey and map of sites, landmarks
and historic districts shall be submitted to the Secretary of the
Township Planning Board and to the Clerk of the Township. The Township
Planning Board shall thereafter consider said historic sites and historic
districts for inclusion in the Master Plan of the Township of Montgomery
pursuant to N.J.S.A. 40:55D-28(10). In addition, the Township Committee
of the Township of Montgomery shall determine whether or not to adopt
the list and map of historic sites and districts by amendment for
inclusion as an Overlay Area in the Township Land Development Ordinance.
g.
Distribution of Survey, List and Map. Copies of the historic site
designation list and historic preservation map as adopted by the Township
Committee shall be made public and distributed to all municipal agencies
reviewing development applications and all municipal personnel responsible
for the issuance of building and housing permits. A certificate of
designation shall be served by certified mail upon the owner of each
site included in the final list, and a true copy thereof shall be
filed with the County Clerk for recording in the same manner as certificates
of liens upon real property.
[Ord. #89-621, S 4]
a.
In considering any individual building, structure, site or district
for designation in the survey and the Landmarks Preservation Overlay
Area, the Landmarks Preservation Commission shall utilize the following
criteria:
1.
Any individual building, structure or site that is listed on the
National and/or State Register, or that is declared eligible for the
National and/or State Register shall automatically qualify as a local
landmark;
2.
A site or building associated with a person who has contributed to
an historical or cultural township, state or national event;
3.
Any structure, building, house or grouping of these (district), as
well as man-made or natural landscape sites which are significant
in exemplifying the cultural, social, economic, or historical heritage
of the Township;
4.
Individual houses and supporting structures or districts that exhibit
architectural value in either reflecting an historic era or reflecting
a specific architectural type, or that exhibit significant architectural
innovation or are the work of a particularly significant architect
or builder.
5.
Any building, site or other structure related to accepted folklore,
legend, or significant historic event;
6.
Any site containing ruins that have important prehistoric or historic
value.
[Ord. #89-621, S 4]
a.
Applications for Development. Every application for development in the Landmarks Preservation Overlay Area as shown on the Landmarks Preservation Overlay map shall contain, as an element thereof, a preservation plan if required by Subsection 16-13.17. Upon filing, every application for development in the Landmarks Preservation Overlay Area shall be forwarded to the Landmarks Preservation Commission for action as follows:
1.
In the case of site plans, subdivisions and all other applications
for development, the Landmarks Preservation Commission shall review
such applications and provide its advice to the Planning Board or
other board of jurisdiction in writing. In addition, one or more of
the Landmarks Commission's members or staff shall be available to
testify at the hearing on the application before the board of appropriate
jurisdiction and explain the findings contained in the Landmarks Preservation
Commission's written report. The recommendations and advice of the
Landmarks Preservation Commission shall not be disregarded by the
appropriate board of jurisdiction except for reasons stated on the
record.
2.
All appeals from decisions of the board of jurisdiction shall be
made to a court of competent jurisdiction, except that grants of variances
under N.J.S.A. 40:55-70D shall be made to the Township Committee pursuant
to Subsection 16-7.7 of this chapter.
b.
Applications for Preservation Plans which are not Part of Applications
for Development.
1.
Every application for a preservation plan approval which is not part
of an application for development shall be deemed complete or incomplete
by the administrative officer within 15 days of filing. If the application
is deemed incomplete, he shall advise the applicant within such period.
If it is deemed complete, he shall forthwith forward the application
to the Landmarks Preservation Commission, unless he determines that
the application will not have a significant impact on the historic
site or historic district in question. If the administrative officer
fails to act within the required time, the application shall be deemed
complete.
2.
If the administrative officer or his designee determines that the preservation plan conforms to the requirements of Subsections 16-13.20 or 16-13.21, as the case may be, and will not have a significant impact, he shall forward the plan and application to the Chairperson of the Landmarks Preservation Commission or his designee on the Commission, who shall approve such application without further review, if he/she concurs with the administrative officer's determination. However, if the administrative officer or Chairperson finds lack of such conformity, or that there is a significant impact from the activity proposed in the application, the administrative officer shall forward it to the Landmarks Preservation Commission for review.
3.
The administrative officer shall make the determination required
by paragraph 2 above, and shall communicate such determination in
writing to the applicant within 30 days of receipt of a complete preservation
plan. For purposes of this subsection, the date of written communication
with the applicant shall be the date on which the writing, addressed
to the applicant is deposited in the mail, or is hand delivered to
the applicant to or at the address shown on his application.
4.
In the event the applicant alleges that compliance with the requirements of this subsection or Subsection 16-13.16a concerning applications for development within the Landmarks Preservation Overlay Zone would be an unreasonable hardship, or that the nature of his application would not justify the time and expense of a plenary proceeding nor impact negatively on the public good or specifically on the historic qualities sought to be preserved, the Landmarks Preservation Commission may grant appropriate relief from the requirements of this subsection, or recommend such relief to the Board of competent jurisdiction as it deems consistent with the public good and the purposes of this section. When such relief is granted, a Certificate of Hardship shall be issued to the applicant. This Certificate shall specifically identify the reasons supporting its issuance.
5.
The Landmarks Preservation Commission shall conduct a public hearing
on all preservation plans not approved pursuant to paragraph 2 above
within 45 days of the Administrative Official's referral of the application
to the Commission. The Secretary of the Landmarks Preservation Commission
shall give the applicant written notice of the hearing date and shall
post in a prominent place in the Township building notice of the application
and date, time, and place of the public hearing. The applicant shall
notify all property owners within 200 feet of the lot which is the
subject of the public hearing by certified mail with a return receipt
requested, of the hearing on the application, including a brief description
of the work for which approval is sought. Such notification must be
made not less than 10 days before the date of public hearing. The
application and accompanying material shall be placed on file and
available for public inspection at least 10 days before the date set
for the public hearing.
The hearing shall be conducted in accordance with the applicable
procedures for applications for development. At the conclusion of
the hearing, the Landmarks Preservation Commission shall recommend
to approve, approve with conditions, or deny the application and shall
report its recommendation to the administrative officer, who shall
notify the applicant and any interested party who requested notification
of the decision within 10 days after the hearing. If the Landmarks
Preservation Commission fails to act within the prescribed time period,
the application shall be treated as having been recommended for permit
approval without conditions.
6.
Any interested party may appeal the decision of the Landmarks Preservation Commission to the Montgomery Township Board of Adjustment pursuant to Subsection 16-7.3 of this chapter.
7.
The Commission or, in the case of applications determined not to
have a significant impact pursuant to paragraph 2, the Chairperson
may for good cause waive any applications fees and escrow deposits.
c.
Contents of Preservation Plans — Rules and Procedures. The
Landmarks Preservation Commission shall adopt rules governing the
form and contents of preservation plans and related applications and
more detailed procedures for review of these plans and applications.
Such rules shall, to the extent practicable, expedite and simplify
the review process by minimizing inconvenience to property owners
and shall be otherwise consistent with the provisions of this section.
Where appropriate, such rules may require the submission of photographs
of the property in question and surrounding properties, product specifications,
elevations, floor plans and other design details. The documentation
submitted must be sufficient to demonstrate how the proposed improvements
will appear in context.
[Ord. #89-621, S 4]
a.
Actions Requiring a Preservation Plan. An approved preservation plan
issued by the Landmarks Preservation Commission shall be required
before a permit is issued for any of the following, or in the event
that no other permit is required, before any work is commenced on
any of the following activities within historic districts or involving
any landmark or historic site:
1.
Demolition of an historic site or landmark in whole or in part or
of any improvement within any historic district.
2.
Relocation of any historic site or landmark or of any improvement
within any historic district.
3.
Change in the exterior appearance of any existing historic site or
landmark or of any improvement within any historic district by addition,
alteration or replacement.
4.
Any new construction of a principal or accessory structure on any
historic site or in any historic district.
5.
Changes in or addition of new signs or exterior lighting, except
that no preservation plan shall be required for an unlit sign for
premises if the surface area of such sign does not exceed two square
feet.
b.
Exceptions. A preservation plan shall not be required for any repainting,
repair or exact replacement of any existing improvement.
In terms of an exact replacement of finishes, materials or architectural
elements, it is understood that the Landmarks Preservation Commission
would prefer an applicant to maintain, stabilize and repair the original
or existing finishes, materials or architectural elements before considering
the replacement of same. However, replacement materials or architectural
elements should be designed and installed to replicate the material,
size, contour, configuration and design of that which is being replaced.
[Ord. #89-621, S 4]
In the event that the Commission disapproves an application
for a Preservation Plan to demolish an historic building, place or
structure, the owner shall, nevertheless, as a matter of right, be
entitled to raze or demolish such building, place or structure provided
that all of the following requirements have been fully met:
a.
The owner has applied for the necessary Preservation Plan and has
received notice of denial for same from the Commission and has appealed
to the Zoning Board of Adjustment, which has affirmed such denial.
c.
The owner has, during the notice period and at a price reasonable
related to its fair market value, made a bona fide offer to sell such
building, place or structure and the land pertaining thereto to any
person, organization, government or agency thereof or political subdivision
or agency thereof which gives reasonable assurance that it is willing
to preserve the building, place or structure and the land pertaining
thereto.
d.
The owner shall not have been a party to any bona fide contract,
binding upon all parties thereto, for the sale of any such building,
place or structure and the land pertaining thereto executed prior
to the expiration of the notice period, except a contract made in
accordance with paragraph c., above.
[Ord. #89-621, S 4]
Notice of proposed demolition shall be posted on the premises
of the building, place or structure throughout the notice period in
a location such that it is clearly readable from the street. In addition,
the applicant shall publish a notice in the official newspaper of
the Township as follows:
[Ord. #89-621, S 4]
The period of time during which notice must be given in the manner hereinbefore set forth shall be known as the "Notice Period" which shall commence on the tenth day following the date of the notice of denial received from the Zoning Board of Adjustment after an appeal as set forth in Subsection 16-13.18a and such notice period shall run for a period of time of nine months.
[Ord. #89-621, S 4]
The Commission may at any time during such notice period, if
a significant change in circumstances occurs, approve a Preservation
Plan, in which event a permit shall be issued within 10 days thereafter.
[Ord. #89-621, S 4]
Work pursuant to an approved preservation plan shall commence
within 12 months of the date of approval thereof unless the time is
extended by the approving authority.
[Ord. #89-621, S 4]
No preservation plan need be approved for any activities for
which a development application was approved or building permit issued,
as the case may be, prior to the effective date of this section requiring
preservation plan approval.
[Ord. #89-621, S 4]
a.
In considering an application for approval of a preservation plan,
the Landmarks Preservation Commission shall be guided by the following
general standards in addition to any design guidelines, standards
and specific criteria identified in other subsections of this section:
1.
Every reasonable effort shall be made to provide a compatible use
for property that requires minimal alteration of the building, structure
or site and its environment, or to use a property for its originally
intended purpose.
2.
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
3.
All buildings, structures and sites shall be recognized as products
of their own time. Alterations that have no historical bases and that
seek to create an earlier appearance shall be discouraged.
4.
Changes that may have taken place in the course of time are evidence
of the history and development of a building, structure, or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized and considered.
5.
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a building, structure or site shall be treated with
sensitivity.
6.
Deteriorated architectural features shall be repaired rather than
replaced, whenever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplication
of features, substantiated by historic, physical, or pictorial evidence,
rather than on conjectural design or the availability of different
architectural elements from other buildings or structures.
7.
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall be avoided.
8.
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural, or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood, or environment.
[Ord. #89-621, S 4]
In making its determinations and recommendations, the Landmarks
Preservation Commission shall take into consideration the specific
criteria and standards set forth below:
a.
Demolition of Historic Sites or Structures within Historic Districts.
1.
Standards for Demolition. In regards to an application to demolish
an historic site, landmark or any improvement within an historic district,
the following matters shall be considered:
(a)
Its historic, architectural, archeological and aesthetic significance;
(b)
Its use;
(c)
Its age;
(d)
Its importance to the municipality and the extent to which its
historical, architectural, or archeological value is such that its
removal would be detrimental to the public interest;
(e)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could not be reproduced
or could be reproduced only with great difficulty;
(f)
If it is within an historic district, the probable impact of
its removal upon the continuity and ambience of said historic district.
b.
Specific Criteria for Consideration of Preservation Plans for Action
other than Demolition. With respect to an application for a preservation
plan for action other than demolition, the following additional matters
shall be considered:
1.
If an historic site or landmark is the subject of the application:
(a)
The impact of the proposed change on the site's historic and
architectural characteristics;
(b)
The site's importance to the municipality and the extent to
which its historic or architectural interest would be adversely affected
by the proposed change.
(c)
The extent to which there would be involvement of textures and
materials that could not be reproduced or could be reproduced only
with great difficulty.
(d)
The use of any structure involved.
2.
(Reserved)
3.
In addition to the above, if the application deals with a structure
within an historic district, the impact the proposed change would
have on the character and ambience of the historic district and the
structure's visual compatibility with the buildings, places and structures
to which it would be visually related in terms of the visual compatibility
factors set forth in paragraph c below.
c.
Visual Compatibility Factors. The following factors shall be used
in determining the visual compatibility of a building, structure or
appurtenance thereof with the buildings and places to which it is
visually related:
1.
Height. The height of proposed building shall be visually compatible
with adjacent buildings.
2.
Proportion of the Building's Front Facade. The relationship of the
width of the building to the height of the front elevation shall be
visually compatible with the buildings and places to which it is visually
related.
3.
Proportion of Openings within the Facility. The relationship of the
width of the window to the height of the windows in a building shall
be visually compatible with the buildings and places to which it is
visually related.
4.
Rhythm of solids to Voids on Front Facade. The relationship of solids
to voids in the front facade of a building shall be visually compatible
with the buildings and places to which it is visually related.
5.
Rhythm of Spacing of Buildings on Streets. The relationship of the
building to the open space between it and the adjoining buildings
shall be visually compatible with the buildings and places to which
it is visually related.
6.
Rhythm of Entrance and/or Porch Projections. The relationship of
the entrance or entrances and the porch projections to the street
shall be visually compatible with the buildings and places to which
it is visually related.
7.
Relationship of materials and Texture. The relationship of materials
and texture of the front facade and roof of a building shall be visually
compatible with the predominant materials used in the buildings to
which it is visually related.
8.
Roof Shapes. The roof shapes of a building shall be visually compatible
with the buildings to which it is visually related.
9.
Scale of Building. The size of a building, the mass of a building
in relation to open spaces, the windows, door openings, porches and
balconies shall be visually compatible with the buildings and places
to which it is visually related.
10.
Directional Expression of Front Facade. A building shall be
visually compatible with the buildings and places to which it is visually
related in its directional character, whether this be vertical character,
horizontal character or non-directional character.
[Added 4-18-2024 by Ord. No. 24-1721]
[Added 4-18-2024 by Ord. No. 24-1721]
a.
The purpose of this section is to prevent stored salt and other solid
de-icing materials from being exposed to stormwater by: establishing
requirements for the storage of salt and other solid de-icing materials
on privately owned properties not owned or operated by Montgomery
Township or other government agencies, in order to protect the environment,
public health, safety and welfare, and to prescribe penalties for
failure to comply.
[Added 4-18-2024 by Ord. No. 24-1721]
As used in this section, the following terms, phrases, words,
and their derivations shall have the meanings stated herein unless
their use in the text clearly demonstrates a different meaning. When
consistent with the context, words used in the present tense include
the future, words used in the plural number include the singular number,
and words used in the singular number include the plural number. The
use of the word "shall" means the requirement is always mandatory
and not merely directory.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
As it pertains to privately owned salt storage, a permanent
building or permanent structure that is anchored to a permanent foundation
with an impermeable floor, and that is completely roofed and walled.
New structures require a door or other means of sealing the access
way from wind driven rainfall.
A fabric frame structure is a permanent structure if it meets
the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run-through,
and the fabric shall meet the deicing material storage requirements
herein (e.g., waterproof, impermeable, flexible, free from holes or
tears) to prevent leakage;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
Any individual, resident, partnership, corporation, company,
firm, association, agency, or any other entity recognized by law that
is subject to municipal jurisdiction.
A person who resides on a residential property in Montgomery
Township, where deicing material is stored.
The point of entry into the storm sewer system.
[Added 4-18-2024 by Ord. No. 24-1721]
a.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15 and April 15:
1.
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
2.
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels; as well as well heads and water supply sources;
3.
Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
4.
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind;
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used;
5.
Containers must be sealed when not in use; and
6.
The site shall be free of all de-icing materials between April 16
and October 14.
b.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 through April 15.
c.
Permanent structures shall conform to the accessory structure requirements of Chapter 16, Land Development.
d.
The property owner, or owner of the de-icing materials, if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this section are met. Inspection records shall be kept on-site
and made available to the municipality upon request.
1.
Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
[Added 4-18-2024 by Ord. No. 24-1721]
a.
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
b.
If containerized (such as but not limited to bagged or bucketed) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection 16-17.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
c.
This section does not apply to facilities where the stormwater discharges
from de-icing material storage activities are regulated under a New
Jersey Pollutant Discharge Elimination System (NJPDES) permit other
than Montgomery Township's Tier A Municipal Stormwater General
Permit issued by the New Jersey Department of Environmental Protection.
[Added 4-18-2024 by Ord. No. 24-1721]
a.
This section shall be enforced by the Township Engineer and Zoning
Officer of Montgomery Township during the course of ordinary enforcement
duties.
