For the purpose of this chapter, the Township of Woodbridge
is divided into zones, redevelopment areas, rehabilitation areas and
a planned unit development option, known as:
A.
Zones Established.
R-40
|
Low-Density Single-Family Residential Zone
|
R-15
|
Medium-Density Single-Family Residential Zone
|
R-10
|
Medium-Density Single-Family Residential Zone
|
R-7.5
|
High-Density Single-Family Residential Zone
|
R-7.5/OC
|
Residential/Office Conversion Zone
|
R-6
|
High-Density Single-Family Residential Zone
|
R-6/2F
|
High-Density Single-Family Residential/Two-Family Residential
Zone
|
R-6/OC
|
Residential/Office Conversion Zone
|
R-5
|
High-Density Single-Family Residential Zone
|
R-4
|
High-Density Single-Family Residential Zone
|
MF-2/A
|
Multifamily Residential Zone
|
MF-2/B
|
Multifamily Residential Zone
|
MF-2/C
|
Multifamily Residential Zone
|
MF-3/C
|
Multifamily Residential Zone
|
MF-4/C
|
Multifamily Residential Zone
|
MF-TH
|
Multifamily Residential Zone
|
SCR
|
Senior Citizen/Multifamily Residential Zone
|
B-1
|
Neighborhood Business Zone
|
B-2
|
Central Business Zone
|
B-2/P
|
Central Business/Parking Zone
|
B-3
|
Highway Business Zone
|
B-4
|
Regional Shopping Center Zone
|
M-1
|
Light Industrial Zone
|
M-1/MF
|
Light Industrial/Multifamily Residential Zone
|
M-1/SR
|
Light Industrial Salvage/Recycling Zone
|
M-2
|
Heavy Industrial Zone
|
OR
|
Office Research Zone
|
CEM
|
Cemetery Zone
[Added 11-22-11 by Ord. No. 11-23] |
OSC/PQP
|
12-29-09 by Ord. No. 09-101]
|
OSC/R
|
Open Space Conservation/Resiliency Zone
[Added 9-6-2016 by Ord.
No. 2016-52] |
PUDO
|
Planned Unit Development Option
|
MW
|
Marine Waterfront Zone
|
B.
Redevelopment Areas.
AAV
|
Avenel Arts Village
[Added 2-17-09 by Ord. No. 09-14; amended 5-21-13 by Ord. No. 13-32; 4-4-2017 by Ord. No.
2017-34; 4-18-2017 by Ord. No. 2017-45; 8-6-2019 by Ord. No. 19-87; 5-19-2020 by Ord. No. 20-37] |
—
|
Hess West Avenue and Milos Way-Port Reading
[Added 12-9-14 by Ord. No. 14-62; 4-18-2017 by Ord. No.
2017-45] |
—
|
Hess Woodbridge
[Added 12-9-14 by Ord. No. 14-63; 4-18-2017 by Ord. No.
2017-45] |
HR
|
Hopelawn
[Added 2-17-09 by Ord. No. 09-77] |
K-2
|
Keasbey Phase II
[Added 4-6-00 by Ord. No. 00-18; amended 8-8-17 by Ord. No. 2017-72] |
K-3
|
Keasbey Phase III
[Added 7-5-06 by Ord. No. 06-39] |
K-4
|
Keasbey Phase 4
[Added 6-10-08 by Ord. No. 08-51] |
K-5
|
Keasbey Phase 5
[Added 4-22-08 by Ord. No. 08-34] |
KPR96
|
Keasbey/Port Reading 1996
[Added 9-3-96 by Ord. No. 96-67; amended 3-19-13 by Ord. No. 13-16; 8-8-2017 by Ord. No. 2017-73] |
PR
|
Pennval Road
[Added 1-20-09 by Ord. No. 9-06; amended 1-9-10 by Ord. No. 10-03] |
PRA1
|
Port Reading Area 1
[Added 1-20-09 by Ord. No. 09-07] |
PRA2
|
Port Reading Area 2
[Added 1-20-09 by Ord. No. 09-08; amended 10-3-2022 by Ord. No. 2022-61] |
PRA3
|
Port Reading Area 3
[Added 1-20-09 by Ord. No. 09-09; amended 6-23-15 by Ord. No. 2015-35] |
R1A1
|
Route 1 Area 1
[Added 3-4-08 by Ord. No. 08-22; amended 12-19-2017 by Ord. No.
2017-136] |
R1A7
|
Route 1 Area 7
[Added 3-4-08 by Ord. No. 08-21; amended 12-18-2018 by Ord. No.
2018-102] |
R1A15
|
Route 1 Area 15
[Added 6-10-08 by Ord. No. 08-52] |
R1A16
|
Route 1 Area 16
[Added 11-3-99; amended 4-1-14 by Ord. No.
14-22] |
R1R
|
Route 1 Redevelopment
[Added 11-3-99 by Ord. No. 99-71] |
R27A1
|
Route 27 Area 1
[Added 6-10-08 by Ord. No. 08-49] |
R27A4
|
Route 27 Area 4
[Added 6-10-08 by Ord. No. 08-50; amended 3-1-16 by Ord. No. 2016-15; 4-18-2017 by Ord. No.
2017-45] |
R27A5
|
Route 27 Area 5
[Added 9-16-08 by Ord. No. 08-76; amended 3-4-14 by Ord. No. 14-14] |
R27A6
|
Route 27 Area 6
[Added 9-16-08 by Ord. No. 08-77] |
R27A7
|
Route 27 Area 7
[Added 9-16-08 by Ord. No. 08-78] |
HST
|
Hart Street Redevelopment Area
[Added 10-5-10 by Ord. No. 10-68] |
TIL8
|
Keasby and Tilcon Redevelopment Plan
[Added 1-25-11 by Ord. No. 11-08] |
CR
|
Crossroads Towers Redevelopment Plan
[Added 6-13-11 by Ord. No. 11-40] |
CTR
|
Cooper Towers Redevelopment Plan
[Added 7-12-11 by Ord. No. 11-49; amended 8-09-11 by Ord. No. 11-55; 4-18-2017 by Ord. No.
2017-45] |
KGP
|
King Georges Post Road Redevelopment Plan
[Added 8-23-11 by Ord. No. 11-59] |
R1A2
|
Route 1—Area 2 Redevelopment Plan
[Added 8-23-11 by Ord. No. 11-60] |
EPEC
|
EPEC Redevelopment Plan
[Added 7-10-12 by Ord. No. 12-28] |
—
|
Blair Road and Omar Avenue Avenel Redevelopment Plan
[Added 4-9-13 by Ord. No. 13-22] |
—
|
Blair Road and Homestead Avenue Avenel Redevelopment Plan
[Added 10-8-13 by Ord. No. 13-46] |
—
|
Metropark Wood Avenue South
[Added 5-6-14 by Ord. No. 14-30; 4-18-2017 by Ord. No. 2017-45; amended 5-3-2022 by Ord. No. 2022-27] |
—
|
Route 1: Area 17-Ronson Road Redevelopment Plan
[Added 2-3-15 by Ord. No. 2015-10] |
—
|
PSEG — Sewaren Redevelopment Plan
[Added 11-10-15 by Ord. No. 2015-73] |
—
|
Cedar Meadows Redevelopment Plan
[Added 12-15-15 by Ord. No. 2015-80; amended 4-18-2017 by Ord. No. 2017-45; 3-5-2024 by Ord. No. 2024-17] |
—
|
Silver Oaks Redevelopment Plan
[Added 12-15-15 by Ord. No. 2015-81; 4-18-2017 by Ord. No.
2017-45; amended 11-26-2019 by Ord. No. 19-124; 10-6-2020 by Ord. No. 20-69] |
—
|
Keasbey 9 Bayshore Redevelopment Plan
[Added 1-19-16 by Ord. No. 2016-05; amended 10-18-2016 by Ord. No. 2016-60] |
—
|
Rahway Avenue-Nielson Street Redevelopment Plan
[Added 2-16-16 by Ord. No. 2016-09; 4-18-2017 by Ord. No.
2017-45] |
—
|
Route One, Area 18 Redevelopment Plan
[Added 2-16-16 by Ord. No. 2016-10] |
—
|
White Rose Redevelopment Plan
[Added 6-14-16 by Ord. No. 2016-31] |
—
|
Rahway-Randolph Avenues Redevelopment Plan
[Added 10-18-16 by Ord. No. 2016-61] |
—
|
Keasbey 7: Weldon Redevelopment Plan
[Added 2-7-2017 by Ord.
No. 2017-14] |
—
|
Route 1 Area 19 Redevelopment Plan
[Added 2-7-2017 by Ord.
No. 2017-15] |
—
|
Scattered Sites Redevelopment Plan
[Added 2-21-2017 by Ord.
No. 2017-22; 10-9-2018 by Ord. No. 2018-81] |
—
|
Edgerton Boulevard (Yardley and Cresskill Avenues Redevelopment
Plan
[Added 6-13-2017 by Ord.
No. 2017-58; amended 2-5-2019 by Ord. No. 19-15] |
—
|
Quincy Court Redevelopment Plan
[Added 6-27-2017 by Ord.
No. 2017-66] |
—
|
Red Oak Manor Redevelopment Plan
[Added 10-10-2017 by Ord.
No. 2017-93; amended 11-13-2017 by Ord. No. 2017-106] |
—
|
Downtown Woodbridge Area 1 Redevelopment Plan
[Added 10-10-2017 by Ord.
No. 2017-94; amended 3-6-2018 by Ord. No. 2018-09] |
—
|
Buckeye Properties Redevelopment Plan
[Added 2-20-2018 by Ord.
No. 2018-07] |
—
|
Route 1 Area 20 Redevelopment Plan
[Added 3-6-2018 by Ord.
No. 2018-10] |
Quincy Court Redevelopment Plan
[Added 2-5-2019 by Ord. No. 19-14] | |
Essex Avenue East Redevelopment Plan.
[Added 4-2-2019 by Ord. No. 19-44] | |
PQ Corporation (Paddock Street West) Redevelopment Plan.
[Added 4-2-2019 by Ord. No. 19-45; amended 5-18-2021 by Ord. No. 21-39] | |
5 Paddock Street Redevelopment Plan.
[Added 5-21-2019 by Ord. No. 19-66] | |
Downtown Woodbridge Area 2 Redevelopment Plan.
[Added 6-25-2019 by Ord. No. 19-72] | |
85 New Brunswick Avenue Redevelopment Plan.
[Added 6-25-2019 by Ord. No. 19-73] | |
Cutters Dock Road Redevelopment Plan.
[Added 9-3-2019 by Ord. No. 19-98; amended 6-23-2020 by Ord. No. 20-45; 7-21-2020 by Ord. No. 20-54] | |
New Brunswick Avenue North: Area 1 (112 New Brunswick Avenue
& 105 Juliette Street) Redevelopment Plan
[Added 9-17-2019 by Ord. No. 19-103] | |
Downtown Woodbridge Area 3 Redevelopment Plan.
[Added 5-5-2020 by Ord. No. 20-33] | |
Downtown Woodbridge Area 4 Redevelopment Plan.
[Added 7-6-2020 by Ord. No. 20-48; amended 3-16-2021 by Ord. No. 21-13] | |
Downtown Woodbridge Area 5 Redevelopment Plan.
[Added 7-21-2020 by Ord. No. 20-52; amended 3-16-2021 by Ord. No. 21-14] | |
51 New Brunswick Avenue Redevelopment Plan.
[Added 7-21-2020 by Ord. No. 20-53 | |
Route 1 Area 21 Redevelopment Plan.
[Added 8-4-2020 by Ord. No. 20-58] | |
200 Wood Avenue South Redevelopment Plan.
[Added 8-4-2020 by Ord. No. 20-59] | |
Pennval and Cutters Dock Roads Redevelopment Plan.
[Added 9-22-2020 by Ord. No. 20-66; amended 3-16-2021 by Ord. No. 21-15; 4-6-2021 by Ord. No. 21-21] | |
Downtown Woodbridge Area 6 Redevelopment Plan
[Added 4-6-2021 by Ord. No. 21-22] | |
Keasbey 6 Redevelopment Plan
[Added 5-4-2021 by Ord. No. 21-32] | |
Downtown Woodbridge Area 7 Redevelopment Plan
[Added 5-4-2021 by Ord. No. 21-33] | |
West Kelly Street Redevelopment Plan
[Added 12-14-2021 by Ord. No. 21-78] | |
Adopts Keasbey 10 Smith Street and Crows Mill Road Redevelopment
Plan
[Added 3-1-2022 by Ord. No. 2022-10] | |
Adopts the Iselin Lumber Redevelopment Plan
[Added 4-5-2022 by Ord. No. 2022-20] | |
Adopts the One Woodbridge Center Drive Redevelopment Plan
[Added 4-19-2022 by Ord. No. 2022-24] | |
Adopts the Metropark Station Redevelopment Plan
[Added 7-5-2022 by Ord. No. 2022-42] | |
Adopts the Cutters Dock Road Redevelopment Plan
[Added 7-19-2022 by Ord. No. 2022-44] | |
Adopts the Woodbridge Center Mall - Area 1 Redevelopment Plan
[Added 10-3-2022 by Ord. No. 2022-62] | |
Adopts the Route 1 Area 22 Redevelopment Plan
[Added 11-1-2022 by Ord. No. 2022-75] | |
Adopts the Smith Street and Newton Street Redevelopment Plan
[Added 12-13-2022 by Ord. No. 2022-80; amended 6-27-2023 by Ord. No. 2023-48] | |
Adopts the Woodbridge Bowling Center Redevelopment Plan
[Added 12-13-2022 by Ord. No. 2022-81; amended 2-6-2024 by Ord. No. 2024-13] | |
Adopts the 430-432 New Brunswick Avenue Redevelopment Plan
[Added 2-21-2023 by Ord. No. 2023-13] | |
Adopts the 535-537 and 555 New Brunswick Avenue Redevelopment
Plan
[Added 3-7-2023 by Ord. No. 2023-16] | |
Adopts The Martin Street Redevelopment Plan
[Added 4-11-2023 by Ord. No. 2023-23] | |
Adopts the Route 1 Area 24 Redevelopment Plan
[Added 12-12-2023 by Ord. No. 2023-96] | |
Adopts the Downtown Woodbridge Area 8 Redevelopment Plan
[Added 12-12-2023 by Ord. No. 2023-97] | |
Adopts the West Kelly Street 2 Redevelopment Plan
[Added 1-16-2024 by Ord. No. 2024-06] | |
Adopts the Route I Area 14 Redevelopment Plan
[Adds 1-16-2024 by Ord. No. 2024-07] |
C.
Rehabilitation Areas.
AR-A
|
Avenel Rehabilitation Plan — Area A
[Added 9-15-09 by Ord. No. 09-71] |
AR-B
|
Avenel Rehabilitation Plan — Area B
[Added 9-15-09 by Ord. No. 09-71] |
AR-C
|
Avenel Rehabilitation Plan — Area C
[Added 9-15-09 by Ord. No. 09-71] |
IAV
|
Inman Avenue
[Added 11-10-09 by Ord. No. 09-78; amended 12-7-10 by Ord. No. 10-76; 11-26-2019 by Ord. No. 19-125] |
PQP
|
MS — Public/Quasi Public Uses
[Added 7-1-08 by Ord. No. 08-63] |
REM
|
MS — Residential/Educational/Mixed Use
[Added 7-1-08 by Ord. No. 08-63] |
RES
|
MS — Residential
[Added 7-1-08 by Ord. No. 08-63] |
RSM
|
MS — Residential/Mixed Use
[Added 7-1-08 by Ord. No. 08-63] |
RTM
|
MS — Retail/Mixed Use
[Added 7-1-08 by Ord. No. 08-63] |
NBA-R
|
New Brunswick Avenue Residential Rehabilitation
[Added 7-1-08 by Ord. No. 08-64; amended 10-18-16 by Ord. No. 2016-62; 3-7-2017 by Ord. No. 2017-30] |
NBA-C
|
New Brunswick Avenue Commercial Rehabilitation
[Added 7-1-08 by Ord. No. 08-64; amended 10-18-16 by Ord. No. 2016-62; 3-7-2017 by Ord. No. 2017-30] |
School 2/16
|
School 2/16 Rehabilitation Plan
[Added 3-19-13 by Ord. No. 13-17] |
Community Facilities Rehabilitation Plan: Phase 1
[Added 12-17-13 by Ord. No. 13-64] | |
—
|
Inman Avenue Rehabilitation Plan: Area 2
[Added 4-22-14 by Ord. No. 14-26] |
—
|
Hopelawn VFW Rehabilitation Plan
[Added 3-24-15 by Ord. No. 2015-21; 4-18-2017 by Ord. No.
2017-45] |
—
|
Jacobs Landing Rehabilitation Plan
[Added 6-23-15 by Ord. No. 2015-36; 3-7-2017 by Ord. No.
2017-29] |
—
|
1 Woodbridge Center Drive Rehabilitation Area
[Added 12-15-15 by Ord. No. 2015-78; 4-18-2017 by Ord. No.
2017-45] |
—
|
Olsen Tower Rehabilitation Plan
[Added 6-28-16 by Ord. No. 2016-35; 4-18-2017 by Ord. No.
2017-45] |
—
|
Main Street Rehabilitation and Transit Village
[Amended 4-18-2017 by Ord. No. 2017-45; 4-11-2023 by Ord. No. 2023-24] |
—
|
Oak Tree Road Rehabilitation Plan
[Added 8-21-2018 by Ord.
No. 2018-52] |
A.
The aforesaid zones and areas are hereby established by the designation,
locations and boundaries thereof set forth and indicated on the Official
Zoning Map, dated: December 29, 2009 and revised through September
2, 2011 by Ordinance No. 11-60 to be located in the offices of the
Municipal Clerk. A general map indicating such designations, locations
and boundaries shall be attached to all copies of the Zoning Ordinance
for informational purposes only.
(1)
If, in accordance with the provisions of this chapter and Revised
Statutes of the State of New Jersey, changes are made in the zone
boundaries or other matters portrayed in the Map by the governing
body, such changes shall be made thereon promptly by the Municipal
Clerk after such amendment has taken effect as provided by law.
For each such change in the Map, a note shall be made thereof
in the revision box of the date of revision, the zone affected by
the revision and a brief identifying description of the revision.
These changes are to be endorsed upon the Map of the effective date
of the amendment.
(2)
Unauthorized and intentional changes of any kind on the Map or matter
shown thereon shall be punishable by a fine not exceeding $200 or
90 days in jail, or both.
B.
Zoning Map Amendments.
Zoning Map amendments may be found as Attachment 3, Appendix 2, Zoning Map Amendments, included as an attachment to this chapter.
[Amended 5-19-2009 by Ord. No. 09-35]
Whenever an uncertainty or ambiguity exists as to the true location
of any boundary line of any zone shown on the Map, the zone boundary
lines shall be decided by the Administrative Officer and may be appealed
to the Zoning Board of Adjustment.
A.
Boundary lines indicated as following or approximately following
streets, highways or other public or private ways shall be construed
to follow the centerlines thereof.
B.
Boundaries indicated as following or approximately following platted
lot lines shall be construed as following such lot lines as the same
appear on the Tax Map of the Township of Woodbridge.
C.
Boundaries indicated as following or approximately following municipal
lines shall be construed as following such municipal lines.
D.
Boundaries indicated as following streams, rivers or other bodies
of water shall be construed as following the centerlines thereof.
E.
All distances between parallel or concentric lines, or extensions
of prolongations of features indicated, shall be construed to be at
right angles in the case of parallel lines or radial in the case of
concentric lines.
[Amended 5-19-2009 by Ord. No. 09-35]
A.
Regulations Applicable to all Zones.
(1)
Except as hereinafter provided, no building or structure, or part
thereof, and no lot or land, or part thereof, shall hereinafter be
used except in conformity with the regulations herein prescribed.
Any lawful use that does not conform to the use regulations of this
chapter shall be deemed a nonconforming use, except that uses granted
as conditional uses by the appropriate municipal agency shall be deemed
to be conforming uses. Any enlargement of a conditional use shall
require reapplication to the same agency. Use variances granted by
the Board of Adjustment or granted on appeal by the governing body
shall be deemed legal nonconforming uses. In addition, the construction
and/or remodeling of all buildings, structures and facilities used
by the general public shall be designed and constructed in accordance
with the Barrier-Free Design Regulations promulgated by the State
of New Jersey, Department of the Treasury, Division of Building and
Construction.
(2)
Except as hereinafter provided, no building or structure, or part
thereof, shall hereinafter be erected, structurally altered, enlarged
or rebuilt except in conformity with the lot dimension, yard, coverage,
height and spacing regulations herein prescribed. Any building or
structure that does not conform to such regulations, hereinafter referred
to as the "building regulations" of this chapter, shall be deemed
a nonconforming structure, irrespective of the use to which it is
put. Building variances granted by the appropriate approving board
on grounds of practical difficulties or undue hardship shall be deemed
to be nonconforming structures or uses.
(3)
Any legally established existing use of a building or structure,
lot or land, or part thereof, at the time of adoption of this chapter,
which use constitutes a nonconforming use under the provisions of
this chapter, may be continued.
(4)
Unless the context clearly indicates the contrary, the present tense
shall include the future; the singular shall include the plural; the
word "lot" shall include the word "plot"; the word "structure" shall
include the word "building"; the word "shall" is always mandatory
and directory; and the word "may" is permissive. The word "use" and
the word "used" refer to any purpose for which a lot or land, or part
thereof, is arranged, intended or designed to be used, occupied, maintained,
made available or offered for use or erected, reconstructed, altered,
enlarged, moved or rebuilt with the intention or design of using the
same.
(5)
No yard, or part thereof, or any other open space or off-street parking
or loading space required about or in connection with any building
for the purpose of complying with this chapter shall be included as
part of a yard, open space of off-street parking or loading space
similarly required for any other building.
(6)
No yard, lot, open space, parking or loading area or other areas
required by this chapter that existed at the time of passage of this
chapter shall be reduced in dimension or area below the minimum requirements
set forth herein. Yards or lots created after the effective date of
this chapter shall meet at least the minimum requirements established
by this chapter.
(7)
Except as hereinafter specified in this chapter, yards and courts
required by this chapter shall be entirely free of principal buildings
or parts thereof.
(8)
Corner lots shall provide the minimum front yard setback requirements
for the respective zone for all intersecting streets, with the exception
of lots with a 50-foot frontage, where on the front yard setbacks
may be reduced to 15 feet. The above standards shall apply in all
zones except the B-1 Neighborhood Business Zone, where the standards
of that zone shall prevail.
(9)
Cornices and eaves, chimneys and bay windows shall not project more
than two feet over any required yard or court, except that no projection
shall be closer than three feet to a lot line. Any projection over
two feet shall be considered part of the principal building and shall
conform to all setbacks.
(10)
Sills, leaders, belt courses and similar ornamental or structural
features shall not project more than six inches into any required
yard or court.
(11)
Open porches, entries, stairways and decks, whether uncovered
or covered, may project into required yard areas, except that such
projections shall be no closer than three feet to a lot line.
(12)
On any through lot, the front of such lot shall, for the purposes
of this chapter, be considered that frontage upon which the majority
of the buildings in the same block front, but, in case there has been
no clearly defined building frontage established, the owner shall,
when applying for a building permit, specify which lot line shall
be considered the front lot line.
(13)
All front yards must face on a 50-foot wide right-of-way for
at least 40 feet along the right-of-way line, except in the case of
the culs-de-sac or dead-end turnarounds, in which case the lot must
face on said right-of-way for at least 30 feet. No building or use
will be permitted on a lot unless that lot has frontage on a right-of-way
that has been improved in accordance with minimum municipal standards
or on a street for which improvements satisfactory to the Municipal
Engineer have been guaranteed either by cash or bond.
(14)
Where a building lot has frontage upon a street which on the
Master Plan or Official Map of the municipality is contemplated for
right-of-way widening, the required front yard setback or area shall
be measured from such proposed future right-of-way lines.
(15)
Where a lot is formed from part of another lot and occupied
by a building, such division shall be effected in such a manner as
not to impair any of the requirements of this chapter with respect
to the existing building or yards and open spaces in connection therewith.
No permit shall be issued for the erection of a new building on a
new lot thus created, unless it complies with all the provisions of
this chapter.
(16)
No soil, mineral or similar material may be removed from or
placed on any lot, except that which purely incidental to the construction
of a building or structure. When the quantity of cubic feet to be
excavated (except for a building foundation) or filled equals or exceeds
two percent of the square feet of the lot to be filled or excavated,
or in any event if the change in elevation is two feet or more for
all nonresidential uses, site plan approval of the plan shall first
be obtained from the municipal agency. For all residential uses affecting
such change, a grading certification shall first be obtained from
the Division of Engineering. Application for said permit must contain
elevations or contours at not more than two-foot intervals and proposed
finished grades on a map drawn to a scale of not less than one inch
equals 50 feet, which map shall be furnished by a licensed engineer
or land surveyor. No fill material shall consist of any type of industrial
wastes, building debris, obnoxious materials or similar substances.
The municipal agency shall determine its appropriateness for the area.
(16.1)
No soil, mineral or similar material shall be placed
in such a manner as to obstruct the existing flow of surface water
and/or create standing water. Regulated activities include, but shall
not be limited to, the following: landscaping; construction of patios,
sidewalks, walkways, recreation areas and driveways; and storage of
soil, fill, minerals and other similar materials. The Municipal Engineer
may require a lot grading plan if, in his opinion, the proposed installation
or land disturbance may present any risk of soil erosion, impede existing
drainage or surface water flow or cause any other similar hazard.
(16.2)
[Amended 3-18-2008 by Ord. No. 0-8-29; Repealed 9-1-2009
by Ord. No. 09-62]
(16.3)
[Amended 3-18-2008 by Ord. No. 0-8-29; Repealed 9-1-2009
by Ord. No. 09-62]
(16.4)
[Amended 3-18-2008 by Ord. No. 0-8-29; Repealed 9-1-2009
by Ord. No. 09-62]
(16.5)
[Amended 3-18-2008 by Ord. No. 0-8-29; Repealed 9-1-2009
by Ord. No. 09-62]
(17)
No outside display of wares for sale, vending machines or products
manufactured on the site shall be permitted in the front yard on any
lot, except as otherwise permitted by this chapter.
(18)
Roof structures, such as mechanical equipment, water towers,
etc., shall be screened from public view or designed in such a fashion
as to complement the architecture of the building.
(19)
At the intersection of two or more streets, no wall, fence,
hedge or other structure shall be erected to a height in excess of
three feet above curb level, nor shall any other obstruction to vision
be permitted within the triangular area formed by the intersecting
street lines at points which are 25 feet distant from the point of
intersection, measured along said street line. Trees whose branches
are trimmed away to a height of at least 10 feet above curb level
shall be permitted.
(20)
A four-foot high fence with a self-latching gate shall be required
surrounding any pool constructed within the municipality with a minimum
depth of two feet or with a surface area of more than 250 square feet.
(21)
All trailers, trailer coaches or automobile trailers or any
vehicle or structure designed and constructed in such a manner as
will permit occupancy thereof as sleeping quarters for one or more
persons or conduct any business or profession, occupation or trade
and originally designed to be mounted on wheels or used as a conveyance
or propelled or drawn by its own or other motive power and from which
said wheels or other means of locomotion or transportation have been
removed shall be prohibited in the municipality. The Municipal Construction
Official shall not issue a building permit, certificate of occupancy
or other permits or certificates which will permit said trailers,
trailer coaches, automobile trailers or other such vehicles to be
located within the territorial limitations of the municipality. In
residential zones, recreation vehicles, boat trailers and boats shall
not be permitted to be stored in the front yard unless it is not possible
to gain access to the rear of side yards. If access is not possible,
storage in the front yard is permitted but shall be located only on
a paved driveway as permitted by this chapter and shall not extend
beyond the front lot line. Storage in the side yard is permitted only
if the recreation vehicle meets the setback requirements of the principal
building. Storage in the rear yard is permitted only if the recreation
vehicle meets the setback requirements for accessory buildings.
(22)
All vehicles whose prime purpose is to sell, store, maintain
and repair goods shall be prohibited in the municipality. The Municipal
Construction Official shall not issue permits or certificates which
will permit said vehicles to be located within the territorial limitations
of the municipality.
(23)
No dwelling or principal structure shall be erected on land
which is unsuitable for improvement because it is subject to flooding
or other hazards to life, health or property, unless the owner agrees
to take adequate measures to eliminate such hazards. Such approval
must be obtained from the Construction Official or municipal agency,
whichever one has jurisdiction. The agency shall make or instigate
adequate investigation by a recognized, trained or licensed authority
before granting approval, and only after a public hearing thereon.
Expense incurred for such investigation shall be paid for by the applicant,
and no certificate or permit shall be issued until payment in full
is received. The exception to the above would apply to structures
necessary for access and safety, such as bridges, culverts or protective
walls and fences, or for accessory structures, such as irrigation
facilities dependent upon access to water.
(24)
In considering any use not permitted in a zone but for which
approval is being sought, the Zoning Board of Adjustment shall be
guided by the bulk standards of the most restrictive zone in which
the use is permitted.
(25)
Any multiple use of lights, flags or pennants or strings of
flags, lights or pennants, or similar displays to attract attention,
shall not be permitted in any zone.
(26)
LED signs shall not be permitted in any zone in the blinking
or flashing mode.
(27)
Public mausoleums, as controlled by the New Jersey Cemetery
Board and the New Jersey Department of Community Affairs, shall be
permitted in all zones in the municipality. Said public mausoleums
shall be subject to the building height and setback requirements which
apply to that property immediately abutting the subject cemetery property.
(28)
Lot coverage limits shall limit the maximum footprint area of
enclosed buildings on any lot and shall exclude open structures which
project from enclosed buildings such as open porches, roof overhangs
or awnings or to unenclosed buildings such as freestanding canopies.
(29)
Landscape coverage limits shall limit the minimum aggregate
footprint area of landscaped areas on any lot. Included shall be planted
and mulched areas and landscape features such as ponds, planters,
pools and fountains; pedestrian amenities such as walks, entry canopies,
shelters and seating areas; and isolated utilitarian structures such
as mail boxes, poles, hydrants or drains with areas of less than three
square feet.
(30)
Effective March 1, 2006, any drive-through windows and designated
drive-through lanes which commercial establishments provide goods
and/or services to the public constructed in this Township shall be
set back not less than 40 feet from the property line of all adjoining
properties located in a residentially zoned area.
(31)
Drive-through windows and designated drive-through lanes shall
have a six-foot high visually solid fence or landscaping.
(32)
Drive-through windows and designated drive-through lanes shall
have adequate noise control measures to attenuate vibrations and audible
sound to conform to all laws and ordinances in effect for residential
uses.
(33)
Illumination devices, such as but not limited to floodlights,
floor lights or spotlights designed to illuminate drive-through windows
and designate drive-through lanes shall be so placed and so shielded
so as to prevent the rays of illumination thereof from being cast
into residential properties or into public right-of-way.
(34)
No structure used, designed or intended to serve as a temporary
or portable storage structure, irrespective of its ability to be placed
upon and/or removed from a location without disturbance of the site,
shall be permitted on any property until and unless there is first
obtained a zoning permit that shall include but not be limited to:
(35)
Office construction trailers shall be permitted on site during
the construction of any approved project. The trailer may be placed
on site with the Construction Official's written approval only if
a valid request for a building permit is pending before the Building
Department. All construction trailers must be removed from the site
if work on the project ceases for more than a six month period or
five days after a certificate of occupancy is issued by the Township.
(36)
Location of sexually oriented businesses.
(a)
Pursuant to the requirements of N.J.S.A. 2C:34-7, no person
shall operate a sexually oriented business within 1,000 feet of any
existing sexually oriented business, or any church, synagogue, temple
or other place of public worship, or any elementary or secondary school
or any school bus stop, or any municipal or county playground or place
of public resort and recreation, or any hospital or any child care
center, or within 1,000 feet of any area zoned for residential use.
(b)
Pursuant to Subsection 3-14.2 of the Revised General Ordinances of the Township of Woodbridge, any sexually oriented business existing in Woodbridge Township as of July 1, 2009 from an area prohibited by N.J.S.A. 2C:34-7 and the Township Code must relocate to an area permitted by N.J.S.A. 2C:34-7 and the Township Code.
(c)
No zoning permit may be granted to an existing sexually oriented
business, nor shall any Planning or Zoning Board approval be granted
to a sexually oriented business that violates N.J.S.A. 2C:34-724-7.
(37)
Wireless telecommunications satellite dishes. All satellite
dishes shall be installed on the top of the roof or on the side or
rear of any primary structure, so long as any and all attachments
comply with the setback requirements for that particular zone.
[Added 4-1-2008 by Ord. No. 8-32]
(38)
Steep slope ordinance.
[Added 3-17-2009 by Ord. No. 09-25]
(a)
Purpose. The purpose of this paragraph (38) is to regulate the
intensity of use in areas of steeply sloping terrain in order to limit
soil loss, erosion, excessive stormwater runoff, the degradation of
surface water and to maintain the natural topography and drainage
patterns of land.
(b)
Background. Disturbance of steep slopes results in accelerated
erosion processes from stormwater runoff and the subsequent sedimentation
of water bodies with the association degradation of water quality
and loss of aquatic life support. Related effects include soil loss,
changes in natural topography and drainage patterns, increased flooding
potential, further fragmentation of forest and habitat areas, and
compromised aesthetic values. It has become widely recognized that
disturbance of steep slopes should be restricted or prevented based
on the impact disturbance steep slopes can have on water quality and
quantity, and the environmental integrity of landscapes.
(c)
Applicability. This paragraph (38) shall be applicable to new
development or land disturbance on a steep slope within the Township
of Woodbridge.
(d)
DISTURBANCE
IMPERVIOUS SURFACE
REDEVELOPMENT
STEEP SLOPES
Definitions.
The placement of impervious surface, the exposure or movement
of soil or bedrock or the clearing, cutting, or removing of vegetation.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces, or improvements.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
Any slope equal to or greater than 20 percent as measured
over any minimum run of 10 feet. Steep slopes are determined based
on contour intervals of two feet or less.
(e)
Designation of areas. The percent of slope (rise of feet per
horizontal distance) shall be established by measurement of distance
perpendicular to the contour of the slope. The percent of slope shall
be calculated for each two-foot interval. For example, any location
on the site where there is a one-foot rise over a 10-foot horizontal
run constitutes a 10 percent slope; a 1.5 foot rise over a 10-foot
horizontal run constitutes a 15 percent slope; a two-foot rise over
a 10-foot horizontal run constitutes a 20 percent slope.
(f)
Steep slope limits. For steep slopes any disturbance shall be
prohibited except as provided below:
Redevelopment within the limits of existing surfaces; and new
disturbance necessary to protect public health, safety or welfare,
such as necessary linear development with no feasible alternative;
to provide an environmental benefit, such as remediation of a contaminated
site; to prevent extraordinary hardship on the property owner peculiar
to the property; or to prevent extraordinary hardship, provided the
hardship was not created by the property owner, that would not permit
a minimum economically viable use of the property based upon reasonable
investment. For example, redevelopment, within the footprint of existing
impervious cover should be allowed to support efforts to revitalize
development that has fallen into disrepair.
The applicant shall demonstrate through site plans depicting
proposed development and topography that new disturbance is not located
in areas with a 20 percent or greater slope.
(g)
Conflicts and severability.
[1]
Conflicts. All other ordinances, parts of ordinances, or other
local requirements that are inconsistent or in conflict with this
paragraph (38) are hereby superseded to the extent of any inconsistency
or conflict, and the provisions of this paragraph apply.
[2]
Severability.
[a]
Interpretation. This paragraph shall be so construed
as not to conflict with any provision of New Jersey or Federal law.
[b]
Notwithstanding that any provision of this paragraph
is held to be invalid or unconstitutional by a court of competent
jurisdiction, all remaining provisions of the paragraph shall continue
to be of full force and effect.
[c]
The provisions of this paragraph shall be cumulative
with, and not in substitution for, all other applicable zoning, planning
and land use regulation.
(h)
Enforcement, violation and penalties. A prompt investigation shall be made by the appropriate personnel of the Township of Woodbridge, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this paragraph (38) is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this paragraph shall be construed to preclude the right of the Township of Woodbridge, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. Any person violating the provisions of this section shall be subject to the penalty provided for in Section 1-5 of the Revised General Ordinances of the Township of Woodbridge. The violation of any subparagraph of this paragraph shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this paragraph. Each day a violation continues shall be considered a separate offense.
(39)
When a public right-of-way is vacated or transferred to an adjacent
property owner, the zoning of the vacated right-of-way, if dissimilar
to the zoning of the adjacent property owner, shall become the same
zoning as the adjacent property of which the right-of-way is becoming
a part.
[Added 10-29-13 by Ord. No. 13-47]
(40)
Above ground utility and meter cabinets. All above ground utility
and meter cabinets shall conform to the following requirements:
[Added 5-18-2021 by Ord. No. 21-40]
(a)
A utility cabinet must be located within the property boundary, and
is not permitted within the front yard or the front yard setback;
(b)
A utility cabinet must be painted and/or wrapped in a neutral color,
matching either the building façade colors, or blending in
with the grass and asphalt;
(c)
All utility cabinets shall be landscaped with significant plantings
sufficient to shield view of the cabinet along all sides except the
side necessary for access.
(41)
Retail Sale of Cannabis. The retail selling and reselling of cannabis
and cannabis items shall only be permitted in the Area 14 and Area
22 Redevelopment Areas, and shall be prohibited in all other zones
of the Township. The Township shall only allow one licensed Class
5 Cannabis Retailer, one Class 1 Cannabis Cultivator, and one Class
2 Cannabis Manufacturer to operate within the Area 14 and Area 22
Redevelopment Areas. For the avoidance of doubt, if either a licensed
Class 5 Cannabis Retailer, a Class 1 Cannabis Cultivator, or a Class
2 Cannabis Manufacturer is lawfully licensed to operate in either
Area 14 or Area 22 no further Class 5 Cannabis Retailer, Class 1 Cannabis
Cultivator or Class 2 Cannabis Manufacturer shall be permitted to
operate in Area 14 and Area 22. The provisions of this section shall
not apply to any medical cannabis dispensary (alternative treatment
center) that was licensed under the New Jersey Compassionate Use Medical
Marijuana Act and actually operating within the Township of Woodbridge
prior to the enactment of this Ordinance. Any such medical cannabis
dispensary (alternative treatment center) that is granted a Class
5 Cannabis Retailer license shall be permitted to operate as a cannabis
retailer in its existing location only.
[Added 6-22-2021 by Ord. No. 21-44; amended 10-3-2022 by Ord. No. 2022-65]
B.
Regulations Applicable to All Residential Zones.
(1)
No commercial vehicle of more than one ton manufacturer's rated capacity
shall be parked on any street overnight in any residential zone.
(2)
Exterior alterations which substantially changed the residential
character and nature of a building for the purpose of changing the
use of the building, such as from a residence to a home professional
office, shall not be permitted in any residential zone.
(3)
There shall be no more than one principal building or use erected
or established on any one lot in any residential zone, except that,
where multifamily buildings are permitted, more than one building
may be erected in conformity with development standards of that zone.
(4)
Water towers, radio towers, cooling towers, antennas and all similar
structures shall not exceed the height of the principal building in
any residential zone.
(5)
If a conflict arises between the permitted units of residences per
acre and the development standards, the development standards will
take precedence over density per acre. Development standards are lot
size, setbacks and similar limiting provisions. This conflict may
arise due to unsuitable geology of land, unusual shape or other factors
which prevent the full use of the land and still meet all development
standards.
(6)
Outside storage of inoperable cars shall not be permitted for more
than 30 days in any zone.
(7)
The front yard setbacks in all residential zones shall apply only
when there are no other structures on the same side of the street
as the property in question, in either direction, 400 feet from each
side lot line or to the nearest intersection, whichever is less. Where
structures exist within these distances, the required setbacks shall
be the prevailing or average setback, whichever is further from the
front lot line.
(8)
Community residences for the developmentally disabled, as defined
in this chapter, shall be permitted in all residential zones for the
accommodation of between seven to 15 developmentally disabled or mentally
ill persons subject to the requirements for a conditional use in this
article.
(9)
No newsstand, news rack, honor box or vending machine shall be permitted
in any residential zone, whether solely on private property or within
the public right-of-way.
(10)
In all residential zones, the minimum setback from all property
lines with respect to the installation of aboveground swimming pools
shall be a minimum of six feet. Furthermore, aboveground swimming
pools shall not be included in any minimum lot coverage calculations
pursuant to the development standards described within the land use
and development regulations.
(11)
Former public buildings may be converted for senior citizen
multifamily residential use with occupancy age restricted. Existing
nonconforming parts of such structures may remain, and parking shall
be required only as may be accommodated on the site.
(12)
Cantilever or dormers may project two feet into the rear or
front yard, except that no project shall be closer than three feet
to a lot line. Any projection over two feet shall be considered part
of the principal building and shall conform to all setbacks.
(13)
All street trees planted by residents must be located on the
lawn side of their property.
(14)
All contractors who build two or more houses adjacent to one
another must repave the street from curb to curb for the entire width
of the lots, not just the utility lateral openings.
C.
Regulations Applicable to All Nonresidential Zones.
(1)
No property in a residential zone shall be used as a driveway or
parking lot to serve a nonresidential use.
(2)
All curb cuts shall be at least 15 feet, but not more than 30 feet,
in width, except on County roads, where County site plan requirements
are established.
(3)
No use shall be established, maintained or conducted in any nonresidential
zone that will conflict with the performance standards of this article.
(4)
An enclosed area shall be provided for the temporary storage of trash
and other refuse. The enclosed area shall be on a durable paved surface
and designed and screened by an attractive, solid architectural fence
at least six feet in height so that the trash and refuse will not
be seen by the general public or from adjoining properties.
(5)
Roof structures, such as mechanical equipment, water towers, etc.,
shall be screened from public view or designed in such a fashion as
to complement the architecture of the building.
(6)
Security gates.
(a)
Security gates shall be allowed only in commercial establishments.
All security gates that are installed inside a storefront of a commercial
building shall be composed entirely of open, transparent mesh. Security
gates that protect loading docks that have no other functioning door
or method of being closed may be constructed of a solid metal panel.
Security gates shall be prohibited on all but the ground floor of
commercial buildings. All security gates shall remain open at all
times that the associated commercial establishment is open to the
public, except that storage gates covering loading docks may be closed
at all times when not in use.
(b)
All security gates and/or doors that are affixed to outside
walls of commercial buildings that front on or are visible from a
public street or roadway shall be prohibited, except those in existence
on or before April 9, 1998, and provided that any and all such security
gates and/or doors remain open between the hour of 10:00 a.m. and
4:00 p.m., Eastern standard time (10:00 to 16:00), Monday through
Friday, except on legal holidays.
D.
Permitted Modifications and Exceptions.
(1)
Purpose. The following modifications and exceptions to the limitations
imposed by this chapter are permitted under the terms and specifications
herein set forth.
(2)
Height. The height limitations of this chapter shall not apply to
church spires, belfries, cupolas, penthouses and domes not used for
human occupancy; nor to chimneys, ventilators, skylights, water tanks,
silos, barns, bulkheads or similar features; nor to necessary mechanical
appurtenances usually carried above the roof level. Such features,
however, shall be erected only to such height as is necessary to accomplish
the purpose they are to serve. The provisions of this chapter shall
not apply to prevent the erection above the building height limit
of a parapet wall or cornice for ornamental purposes to screen mechanical
appurtenances. Building-mounted antennas shall not exceed the height
limits by more than 10 feet. Ground-based antennas shall conform to
the height requirements.
(3)
Area. Additions to existing single-family dwellings may be constructed
in any single-family zone on any lot of nonconforming size shown on
a recorded subdivision plot or on any lot of official record at the
time of enactment of this section without municipal agency approval,
provided that the owner of such lot does not own any adjacent property
and in accordance with the following conditions:
(a)
Additions to existing residences shall conform to all yard and
height requirements of this chapter, and the total percentage of lot
coverage of the addition and existing residence shall not exceed the
permitted maximum coverage permitted in this chapter.
(b)
The requirements of the International Building Code —
New Jersey must be met in all construction.
(c)
Where adjacent property is owned by the same person, all requirements
of this chapter shall be met.
E.
Nonconforming Uses and Structures.
(1)
Purpose. Within the districts established by this chapter, or amendments
that may later be adopted, there exist lots, structures and uses of
land and structures which were lawful before this chapter was passed
or amended but which would be prohibited, regulated or restricted
under the terms of this chapter or future amendment. It is the intent
of this chapter to permit these nonconformities to continue until
they are removed, but not to encourage their survival. Such uses are
declared by this chapter to be incompatible with permitted uses in
the districts involved. It is further the intent of this chapter that
nonconformities shall not be enlarged upon, expanded or extended,
nor used as grounds for adding other structures or uses prohibited
elsewhere in the same district, unless to make such use or structure
conform to minimum safe building standards.
(2)
Signs. A nonconforming use of a structure, a nonconforming use of
land or a nonconforming use of a structure and land shall not be extended
or enlarged after passage of this chapter by the attachment on a building
or premises of additional signs intended to be seen from off the premises
or by the addition of other uses of a nature which would be prohibited
generally in the district involved.
(3)
Nonconforming structures and their use, restoration and abandonment.
Structures that are nonconforming according to this chapter may be
continued as long as they remain otherwise lawful. Nonconforming structures
and their use shall not be enlarged, expanded or altered except to
become more in conformity with this chapter. Any replacement of a
nonconforming structure or use shall conform to this chapter. 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 restored or repaired in
the event of partial destruction thereof. Change from one nonconforming
use to another shall not be allowed except by approval of the municipal
agency.
(4)
Reversions. No nonconforming use shall, if once changed into a conforming
use, be changed back again into a nonconforming one.
(5)
Repairs and maintenance. On any building devoted in whole or in part
to any nonconforming use, repairs and maintenance may be made. Said
repairs shall be limited to routine or ordinary repairs. Nothing in
this chapter shall prevent the strengthening or restoring to a safe
condition of any wall, floor or roof which has been declared unsafe
by the Construction Official.
[Added 9-1-2009 by Ord. No. 09-62]
A.
Purpose. The purpose of this section is to establish the Construction
and Demolition Debris Diversion Deposit Program. This program is intended
to increase the diversion of construction and demolition debris from
landfill disposal, conserve the capacity and extend the useful life
of landfills and avoid the potential financial and other consequence
to the Township of failing to timely meet New Jersey Department of
Environmental Protection requirements.
B.
APPROVED RECYCLING FACILITY
CONSTRUCTION AND DEMOLITION DEBRIS
RECYCLING COORDINATOR
Definitions.
A recycling composting, materials recovery or reuse facility
which accepts construction and demolition debris and which is an approved
licensed NJDEP Class A-D center, or a recognized facility by the Recycling
Coordinator.
The waste building materials, packaging, and rubble resulting
from construction, remodeling, repair, alteration, and/or demolition
operations on pavements, houses, all residential and nonresidential
developments, and other structures and may include, but is not limited
to, concrete, asphalt, wood, metals, bricks, block masonry, wallboard,
dirt, rocks, landscape waste, and other inert waste.
The Recycling Coordinator of the Township (and its successor).
C.
Approved Recycling Facilities/Centers. Recycling Centers/Facilities
utilized must be a facility approved or recognized by the NJDEP.
D.
Use of Class B Recycled Materials Encouraged
(1)
The Township encourages the use of Class B recycled materials
from a local, approved Class B recycling facility in private, nonresidential
projects and public works projects undertaken by the Township, provided
that said materials meet applicable engineering specifications and
are acceptable to the NJDEP for said materials' intended end use.
(2)
The Township shall further encourage the use of Class B recycled
materials in any construction, development, redevelopment or renovation
project by any party by including with all building, Planning Board
or Zoning Board of Adjustment applications information regarding the
benefits of using recycled materials, along with a statement that
the Township is committed to the use of recycled materials as a way
to improve the environment and preserve natural resources.
(3)
In connection with the application for any nonresidential project approval under Section 150-24A(16), utilizing Class B recyclable materials, the applicant shall provide documentation of the proposed source of the intended Class B recycled material, and the provider of such material shall certify its suitability for the intended use. With respect to proposed public works projects, the Municipal Engineer shall determine the appropriateness of using the Class B recycled materials for such projects, and the provider of such material shall certify to the Township its suitability for the intended use. The provider shall supply the Township with adequate assurance that, in the event that NJDEP at some future date declares the use of such material inappropriate for a public works project, the provider shall indemnify the Township for the costs of the removal of the material and its replacement with a suitable substitute.
(4)
Class B recycled material is defined as processed concrete,
asphalt, brick, block, glass cullet, nonhazardous soils and any nonvirgin,
environmentally clean construction soils and/or overburden from job
sites, either screened or unscreened, that is accepted and processed
by a Class B recycling facility approved by the New Jersey Department
of Environmental Protection.
(5)
All Class B recycled materials as defined in Section 150-24.1D(4) of this Land Use Ordinance, created by or resulting from the demolition of any structure or portion of a structure within the Township, shall be disposed of at a local New Jersey Department of Environmental Protection approved Class B Recycling Facility.
(6)
Upon the request of the Township, the person or entity to whom
a demolition permit was issued shall within two business days of the
requests, provide proof reasonably satisfactory to the Township that
all Class B recycled materials as defined herein, were disposed of
in accordance with this section.
[Added 6-26-2018 by Ord. No. 2018-36]
A.
Purpose. The purpose of this section is to provide a regulatory framework
for the construction of Solar Energy Systems in Woodbridge Township,
subject to reasonable restrictions, which will preserve the public
health, safety, and welfare, while also maintaining the character
of Woodbridge Township.
B.
Definitions. The following terms, when used in this section, shall
have the following meanings:
(1)
SOLAR ENERGY SYSTEM — A solar energy system consisting
of one (1) or more photovoltaic or solar hot water devices either
building integrated, roof-mounted, or as a canopy as well as related
equipment which is intended for the purpose of reducing or meeting
the energy needs of the property's on-site principal use. Solar energy
systems may generate energy in excess of the energy requirements of
a property only if it is to be sold back to a public utility in accordance
with the NJ Net Metering law.
(2)
SOLAR ENERGY FACILITY — An energy facility that consists
of one or more ground-mounted, free-standing, or building-integrated
solar collection devices, solar energy related equipment and other
associated infrastructure with the primary intention of generating
electricity or otherwise converting solar energy to a different form
of energy for primarily off-site use.
C.
General Regulations.
(1)
Regulations Applicable in All Residential Zones.
(a)
Solar Energy Systems.
[1]
Solar energy systems shall be considered a permitted
accessory use.
[2]
Permitted types of solar energy systems: roof-mounted
in the form of photovoltaic panels or roof tiles, canopy systems,
ground-mounted systems.
[Amended 9-4-2018 by Ord.
No. 2018-71]
[3]
Regulations for solar energy systems.
[a]
Photovoltaic panels or roof tiles shall be the
same color.
[b]
Edges of photovoltaic panels and arrays shall be
parallel to the edges of the rooflines.
[c]
Solar energy systems shall meet all electrical,
building and fire safety requirements in the New Jersey Construction
Code.
[d]
For a roof-mounted system installed on a sloped
roof, the highest point of the system shall not exceed the highest
point of the roof to which it is attached as allowed by bulk requirements.
(2)
Regulations Applicable to All Non-Residential Zones.
(a)
Solar Energy Systems.
[1]
Solar energy systems shall be considered an accessory
use.
[2]
Permitted types of solar energy systems: roof-mounted
in the form of photovoltaic panels or roof tiles and canopy systems.
[3]
Regulations Solar Energy Systems.
[a]
Photovoltaic panels or roof tiles shall be the
same color.
[b]
Edges of photovoltaic panels and arrays shall be
parallel to the edges of the rooflines.
[c]
Solar energy systems shall meet all electrical
and fire safety requirements in the New Jersey Construction Code.
[d]
For a roof-mounted system installed on a sloped
roof, the highest point of the system shall not exceed the highest
point of the roof to which it is attached as allowed by bulk requirements.
[e]
For a roof-mounted system installed on a flat roof, the highest point of the system shall be permitted in accordance with Section 150-24D.
[f]
For parking canopies, a solar energy system may
exceed the applicable maximum accessory structure height if it will
cover an impervious surface parking area. Height may not exceed the
height of the primary structure that the parking area serves. Minimum
height of the parking canopy must allow clearance for emergency service
and service vehicles.
[Added 6-26-2018 by Ord. No. 2018-35; amended 9-4-2018 by
Ord. No. 2018-70]
A.
Purpose. The purpose of this section is to provide a regulatory framework
for the construction of Plug-In Electric Vehicle Charging Stations,
subject to reasonable restrictions, which will preserve the public
health, safety, and welfare, while also maintaining the character
of Woodbridge Township. Plug-In Electric Vehicle Charging Stations
will help reduce automobile air pollution, greenhouse gas emissions
and stormwater runoff contaminants and will also make a positive effect
on the Township's placemaking efforts.
B.
ELECTRIC VEHICLES
ELECTRIC VEHICLE CHARGING STATION
Definitions.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; operates either
partially or exclusively, on electrical energy from the grid, or an
off-board source, that is stored on-board via a battery for motive
purpose. "Electric vehicle" includes: (1) a battery electric vehicle;
and (2) a plug-in hybrid electric vehicle.
A public or private parking space that is served by battery
charging station equipment that has as its primary purpose the transfer
of electric energy (by conductive or inductive means) to a battery
or other energy storage device in an electric vehicle.
C.
Location. Electric vehicle charging stations, are encouraged to be
installed throughout the Township in accordance with applicable ordinance
and regulations.
D.
Approvals and Permits.
(1)
An electric vehicle charging station is permitted as an accessory
use to any principal use in nonresidential zones and multifamily zones.
(2)
Permits and approvals for electric charging stations shall be
granted or denied by the Zoning Official. If the Zoning Official determines
that a development application is required, the applicant shall be
referred to the Administrative Officer.
E.
General Regulations.
(1)
An electric vehicle charging station space may be included in the calculation for minimum required parking spaces required in accordance with Section 150-78. A greater than 1:1 calculation for required parking spaces may be considered.
(2)
Each electric vehicle charging station space shall be not less
than 9 feet wide or 18 feet in width, exclusive of passageways. It
is recommended that each vehicle charging station comply with ADA
standards, if possible.
(3)
Public electric vehicle charging stations are reserved for parking
and charging electric vehicles only. It shall be unlawful for any
person to pack or leave standing a vehicle in a space designated for
the charging of plug-in electric vehicles unless the vehicle is connected
for charging purposes. Electric vehicles may be parked in any space
designated for public parking, subject to the restrictions that would
apply to any other vehicle that would park in that space.
(4)
Identification signage for electric vehicle charging stations
shall be posted immediately adjacent to and visible to the parking
spaces and have a designated sign not greater than 17 inches by 22
inches in size. One (1) sign per electric vehicle charging space is
required.
(5)
Charging station 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 retraction device and/or
a place to hang permanent cords and connectors a sufficient and safe
distance above the ground or pavement surface. Equipment mounted on
pedestals, lighting posts, or other devices shall be designated and
located so as not to impede pedestrian travel or create trip hazards.
(6)
Adequate charging station equipment protection such as concrete-filled
steel bollards shall be used. Non-mountable curbing may be used in
lieu of bollards, if the charging station is setback a minimum of
24 inches from the face of the curb.
(8)
No minimum number of electric vehicle charging stations is required
for new developments, but is encouraged.
A.
Purpose. The purpose of the R-40 Residential Zone is to provide for
and protect the character of the existing low-density residential
areas. The provisions and regulations set forth herein encourage the
future development and maintenance of this area as a residential area
for strictly residential purposes by prohibiting commercial development
or conversions to commercial or multifamily housing.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes:
(1)
Principal uses.
(a)
Detached one-family dwelling as a principal structure.
(b)
Home occupations/home office. Home office use, meaning an office
activity carried on for gain by a resident in a dwelling unit, shall
be a permitted accessory use in residential zone districts, provided
that:
[1]
The use is limited solely to office use.
[2]
The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other persons.
[3]
No nonresident employees, customers, or business invitees or
guests shall visit the dwelling unit for business purposes.
[4]
The use shall be located in only one room of the dwelling unit,
which shall not be served by an entrance separate from the household.
[5]
Interior storage of materials shall only consist of office supplies.
[6]
There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to, parking, storage signs, or lights.
[7]
The use operates no equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference,
including interference with telephone, radio or television reception,
detectable by neighboring residents.
[8]
The use does not require any increased or enhanced electrical
or water supply.
[9]
The quantity and type of solid waste disposal is the same as
other residential uses in the zone district.
[10]
The capacity and quality of effluent is typical
of normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components.
[11]
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express, and other delivery
services providing regular service to residential uses in the zone
district.
[12]
All vehicular traffic to and from the home office/occupation
use shall be limited in volume, type and frequently to what is normally
associated with other residential uses in the zone district.
[13]
No activity or alteration occurs such that observers
will know a business/occupation is being operated from the premises.
(2)
Accessory buildings and uses, including:
(a)
Private garages, not to exceed two or three spaces if they do
not front a public right-of-way.
(b)
Buildings for tools and equipment used for maintenance of the
grounds, not to exceed 150 square feet in area.
(c)
Swimming pools and tennis courts, but not public swim or tennis
clubs.
(d)
Signs, subject to the special conditions of this article.
(e)
Fences and hedges, subject to the special conditions of this
article.
(f)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted, subject to approval
of the municipal agency and the special conditions of this article:
C.
Development Standards. The R-40 Residential Zone specified herewith
shall be occupied only as indicated in the Schedule of Bulk Requirements
included in 150 Appendix 1 at the end of this chapter and as follows:
(1)
Single-family.
(a)
Principal buildings.
[1]
Minimum lot size: 40,000 square feet.
[2]
Minimum lot width: 150 feet.
[3]
Minimum lot depth: 175 feet.
[4]
Minimum front setback (measured from the future street right-of-way):
75 feet or prevailing.
[5]
Minimum each side setback: 20 feet.
[6]
Minimum both side setbacks: 60 feet.
[7]
Minimum rear setback: 75 feet.
[8]
Minimum gross floor area: 2,000 square feet.
[9]
Maximum lot coverage of buildings including accessory structures:
15%.
[10]
Maximum building height: 2 1/2 stories or
35 feet, whichever is less.
[11]
Maximum percentage of impervious lot coverage
by all buildings and pavement: 25%.
(b)
Accessory buildings and uses.
[1]
Accessory buildings for tools and equipment used for maintenance
of the grounds which are not attached to the principal building shall
not exceed 10 feet in height as measured from the grade to the ridge
at the peak of the roof. No side wall of such accessory buildings
may exceed eight feet above grade in height. No such shed shall exceed
150 square feet in area. All such accessory buildings shall conform
to at least the front setback requirement of the principal building.
The minimum side and rear yard setbacks shall be four feet. All other
accessory buildings not attached to the principal building shall not
exceed 15 feet in height and shall conform to at least the front setback
requirement of the principal building. The minimum side and rear yard
setbacks shall be four feet.
[2]
Those swimming pools less than four feet high shall be enclosed
by a permanent fence not less than four feet high with a locked gate.
Building permits will be required for all swimming pools, above or
below ground, with a water surface area of 250 square feet or over.
[3]
Accessory buildings attached to a principal building shall comply
with the setbacks of the principal building.
[4]
No truck or commercial vehicle, licensed to transport more than
three-fourths ton rated manufacturer's capacity shall be stored or
parked on any lot or portion of a lot.
A.
Purpose. The purpose of the R-15 Residential Zone is to protect the
character of existing larger lots, especially along Cliff Road and
West Avenue.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes.
(2)
Accessory buildings and uses, including:
(a)
Home occupations/home office. Home office use, meaning an office
activity carried on for gain by a resident in a dwelling unit, shall
be a permitted accessory use in residential zone districts, provided
that:
[1]
The use is limited solely to office use.
[2]
The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other persons.
[3]
No nonresident employees, customers, or business invitees or
guests shall visit the dwelling unit for business purposes.
[4]
The use shall be located in only one room of the dwelling unit,
which shall not be served by an entrance separate from the household.
[5]
Interior storage of materials shall only consist of office supplies.
[6]
There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to, parking, storage signs, or lights.
[7]
The use operates no equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference,
including interference with telephone, radio or television reception,
detectable by neighboring residents.
[8]
The use does not require any increased or enhanced electrical
or water supply.
[9]
The quantity and type of solid waste disposal is the same as
other residential uses in the zone district.
[10]
The capacity and quality of effluent is typical
of normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components.
[11]
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express, and other delivery
services providing regular service to residential uses in the zone
district.
[12]
All vehicular traffic to and from the home office/occupation
use shall be limited in volume, type and frequently to what is normally
associated with other residential uses in the zone district.
[13]
No activity or alteration occurs such that observers
will know a business/occupation is being operated from the premises.
(b)
Private garages, not to exceed two spaces.
(c)
Buildings for tools and equipment used for maintenance of the
grounds, not to exceed 150 square feet in area.
(d)
Private swimming pools and tennis courts.
(e)
Signs, subject to the sign section of this article.
(f)
Fences and hedges, subject to the fences and hedges section
of this article.
(g)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted subject to approval
of the municipal agency and the special conditions use section of
this article:
C.
Development Standards. The R-15 Residential Zone specified herewith
shall be occupied only as indicated in the Schedule of Bulk Requirements
included in 150 Appendix 1 at the end of this chapter and as follows:
(1)
Single-family.
(a)
Principal buildings.
[1]
Minimum lot size: 15,000 square feet.
[2]
Minimum lot width: 75 feet on an improved public right-of-way.
Improved public right-of-way shall not include alleys with rights-of-way
of less than 40 feet in width.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front setback: 40 feet or prevailing.
[5]
Minimum each side setback: 10 feet.
[6]
Minimum both side setbacks: 40% of lot frontage.
[7]
Minimum rear setback: 40 feet.
[8]
Minimum gross floor area: none.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 2 1/2 stories or
35 feet whichever is less.
[11]
Maximum percentage of impervious lot coverage
by all buildings and pavement: 30%.
(b)
Accessory buildings and uses.
[1]
Accessory buildings for tools and equipment used for maintenance
of the grounds which are not attached to the principal building shall
not exceed 10 feet in height as measured from the grade to the ridge
at the peak of the roof. No side wall of such accessory buildings
may exceed eight feet above grade in height. No such shed shall exceed
150 square feet in area. All such accessory buildings shall conform
to at least the front setback requirement of the principal building.
The minimum side and rear yard setbacks shall be four feet. All other
accessory buildings not attached to the principal building shall not
exceed 15 feet in height and shall conform to at least the front setback
requirement of the principal building. The minimum side and rear yard
setbacks shall be four feet.
[2]
Those swimming pools less than four feet high shall be enclosed
by a permanent fence not less than four feet high with a locked gate.
Building permits will be required for all swimming pools, above or
below ground, with a water surface area of 250 square feet or over.
[3]
Accessory buildings attached to a principal building shall comply
with the setbacks of the principal building.
[4]
No truck or commercial vehicle, licensed to transport more than
three-fourths ton rated manufacturer's capacity shall be stored or
parked on any lot or portion of a lot.
D.
Other Provisions and Requirements.
(1)
Off-street parking is required subject to the off-street parking
and loading section of this article.
(2)
Landscaping is required subject to the landscaping section of this
article.
(3)
Seventy percent of the area between the front building line and public
right-of-way shall be landscaped.
(4)
Mature street trees shall not be removed in order to provide driveway
access.
(5)
The maximum driveway width in the front yard shall be 12 feet.
A.
Purpose. The purpose of the R-10 Residential Zone is to protect the
character of existing areas with smaller lots, but still provide medium-density
housing.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes.
(1)
Principal uses.
(a)
Detached one-family dwelling as a principal structure.
(b)
Home occupations/home office. Home office use, meaning an office
activity carried on for gain by a resident in a dwelling unit, shall
be a permitted accessory use in residential zone districts, provided
that:
[1]
The use is limited solely to office use.
[2]
The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other persons.
[3]
No nonresident employees, customers, or business invitees or
guests shall visit the dwelling unit for business purposes.
[4]
The use shall be located in only one room of the dwelling unit,
which shall not be served by an entrance separate from the household.
[5]
Interior storage of materials shall only consist of office supplies.
[6]
There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to, parking, storage signs, or lights.
[7]
The use operates no equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference,
including interference with telephone, radio or television reception,
detectable by neighboring residents.
[8]
The use does not require any increased or enhanced electrical
or water supply.
[9]
The quantity and type of solid waste disposal is the same as
other residential uses in the zone district.
[10]
The capacity and quality of effluent is typical
of normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components.
[11]
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express, and other delivery
services providing regular service to residential uses in the zone
district.
[12]
All vehicular traffic to and from the home office/occupation
use shall be limited in volume, type and frequently to what is normally
associated with other residential uses in the zone district.
[13]
No activity or alteration occurs such that observers
will know a business/occupation is being operated from the premises.
(2)
Accessory buildings and uses, including:
(a)
Private garages, not to exceed two spaces.
(b)
Buildings for tools and equipment used for maintenance of the
grounds, not to exceed 150 square feet in area.
(c)
Swimming pools and tennis courts, but not public swim or tennis
clubs.
(d)
Signs, subject to the sign section of this article.
(e)
Fences and hedges, subject to the fences and hedges section
of this article.
(f)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted subject to approval
of the municipal agency and the special conditional use section of
this article:
C.
Development Standards. The R-10 Residential Zone specified herewith
shall be occupied only as indicated in the Schedule of Bulk Requirements
included in 150 Appendix 1 at the end of this chapter and as follows:
(1)
Single-family.
(a)
Principal buildings.
[1]
Minimum lot size: 10,000 square feet.
[2]
Minimum lot width: 80 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front setback (measured from the future street right-of-way):
40 feet or prevailing.
[5]
Minimum each side setback: 12 feet.
[6]
Minimum both side setbacks: 30 feet.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 1,000 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 2 1/2 stories or
35 feet whichever is less.
[11]
Maximum percentage of impervious lot coverage
by all buildings and pavement: 40%.
(b)
Accessory buildings and uses.
[1]
Accessory buildings for tools and equipment used for maintenance
of the grounds which are not attached to the principal building shall
not exceed 10 feet in height as measured from the grade to the ridge
at the peak of the roof. No side wall of such accessory buildings
may exceed eight feet above grade in height. No such shed shall exceed
150 square feet in area. All such accessory buildings shall conform
to at least the front setback requirement of the principal building.
The minimum side and rear yard setbacks shall be four feet. All other
accessory buildings not attached to the principal building shall not
exceed 15 feet in height and shall conform to at least the front setback
requirement of the principal building. The minimum side and rear yard
setbacks shall be four feet.
[2]
Those swimming pools less than four feet high shall be enclosed
by a permanent fence not less than four feet high with a locked gate.
Building permits will be required for all swimming pools, above or
below ground, with a water surface area of 250 square feet or over.
[3]
Accessory buildings attached to a principal building shall comply
with the setbacks of the principal building.
[4]
No truck or commercial vehicle, licensed to transport more than
three-fourths ton rated manufacturer's capacity shall be stored or
parked on any lot or portion of a lot.
A.
Purpose. The purpose of the R-7.5 Residential Zone is to provide
for varied types of housing to meet the desires of a certain segment
of the population.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes.
(1)
Principal uses.
(a)
Detached one-family dwelling as a principal structure.
(b)
Home occupations/home office. Home office use, meaning an office
activity carried on for gain by a resident in a dwelling unit, shall
be a permitted accessory use in residential zone districts, provided
that:
[1]
The use is limited solely to office use.
[2]
The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other persons.
[3]
No nonresident employees, customers, or business invitees or
guests shall visit the dwelling unit for business purposes.
[4]
The use shall be located in only one room of the dwelling unit,
which shall not be served by an entrance separate from the household.
[5]
Interior storage of materials shall only consist of office supplies.
[6]
There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to, parking, storage signs, or lights.
[7]
The use operates no equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference,
including interference with telephone, radio or television reception,
detectable by neighboring residents.
[8]
The use does not require any increased or enhanced electrical
or water supply.
[9]
The quantity and type of solid waste disposal is the same as
other residential uses in the zone district.
[10]
The capacity and quality of effluent is typical
of normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components.
[11]
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express, and other delivery
services providing regular service to residential uses in the zone
district.
[12]
All vehicular traffic to and from the home office/occupation
use shall be limited in volume, type and frequently to what is normally
associated with other residential uses in the zone district.
[13]
No activity or alteration occurs such that observers
will know a business/occupation is being operated from the premises.
(c)
Within areas zoned R-7.5/OC only, mixed residential/office use.
[1]
The office shall be located within a principal residential building
constructed before May 31, 2010 and within which a residential apartment
is maintained.
[2]
The character of the existing structure is to be maintained
with no exterior physical evidence other than signage. All signage
must be consistent with the small scale of office conversion/residential
character and office shall be limited to one sign panel not larger
than 25 square feet. When freestanding, both sides may contain signage
with a total area of 50 square feet. If attached, the sign shall be
attached flat against the building and shall not extend higher than
the second floor window sills, if freestanding; the sign shall not
exceed five feet in height and shall be set back 15 feet from any
lot line.
[3]
Placement of access drives shall allow for a future common drive
with an adjacent parcel at one side yard.
[4]
No new parking space or parking aisle shall be permitted in
the front yard of within 25 feet of any lot with a single-family detached
dwelling in a residential zone other than the R-7.5/OC subzone.
[5]
Rear and side yards shall have adequate landscaping, screening
and fencing to shield parking areas for five or more spaces from adjoining
lots.
[6]
There shall be no minimum lot size on which a conversion may
be permitted to occur.
[7]
No individual office floor area shall exceed a total area of
2,000 square feet.
[8]
Site plan review and approval shall be required for any nonresidential
use and the following design standards shall apply;
[a]
Building additions shall be designed and constructed
to provide architectural and land use consistency to reflect the character
of the surrounding neighborhood.
[b]
No merchandise, products, waste, equipment or similar
material or objects shall be displayed or stored outdoors.
[c]
All areas not utilized for buildings, parking,
loading, access aisles and driveways or pedestrian walkways shall
be landscaped with trees, shrubs, ground cover, seeding or similar
plantings and maintained in good condition.
[d]
A five foot landscape buffer shall be required
along each property line not designed for joint access.
[e]
Trash, garbage, and recycling shall be stored in
an enclosed container obscured from view from parking areas, streets,
and adjacent residential uses by a fence, wall, planting or combination
of the three.
[f]
Light fixtures shall have a mounting height of
not more than 10 feet.
[g]
Cross-access easements shall be required to reserve
areas in which to provide joint driveways and interconnection of parking
areas.
(2)
Accessory buildings and uses, including:
(a)
Private garages, not to exceed two spaces.
(b)
Buildings for tools and equipment used for maintenance of the
grounds, not to exceed 150 square feet in area.
(c)
Swimming pools and tennis courts, but not public swim or tennis
clubs.
(d)
Signs, subject to the provisions of the sign section of this
article.
(e)
Fences and hedges, subject to the fences and hedges section
of this article.
(f)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted subject to approval
of the municipal agency and the special conditions of this article:
C.
Development Standards. The R-7.5 Residential Zone specified herewith
shall be occupied only as indicated in the Schedule of Bulk Requirements
included in 150 Appendix 1 at the end of this chapter and as follows:
(1)
Single-family.
(a)
Principal buildings.
[1]
Minimum lot size: 7,500 square feet.
[2]
Minimum lot width: 75 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front setback (measured from the future street right-of-way):
25 feet or prevailing.
[5]
Minimum each side setback: 10 feet.
[6]
Minimum both side setbacks: 25 feet.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 1,000 square feet.
[9]
Maximum lot coverage: 25%.
[10]
Maximum building height: 2 1/2 stories or
35 feet whichever is less.
[11]
Maximum percentage of impervious lot coverage
by all buildings and pavement: 40%.
(b)
Accessory buildings and uses.
[1]
Accessory buildings for tools and equipment used for maintenance
of the grounds which are not attached to the principal building shall
not exceed 10 feet in height as measured from the grade to the ridge
at the peak of the roof. No side wall of such accessory buildings
may exceed eight feet above grade in height. No such shed shall exceed
150 square feet in area. All such accessory buildings shall conform
to at least the front setback requirement of the principal building.
The minimum side and rear yard setbacks shall be four feet. All other
accessory buildings not attached to the principal building shall not
exceed 15 feet in height and shall conform to at least the front setback
requirement of the principal building. The minimum side and rear yard
setbacks shall be 10 feet.
[2]
Those swimming pools less than four feet high shall be enclosed
by a permanent fence not less than four feet high with a locked gate.
Building permits will be required for all swimming pools, above or
below ground, with a water surface area of 250 square feet or over.
[3]
Accessory buildings attached to a principal building shall comply
with the setbacks of the principal building.
[4]
No truck or commercial vehicle, licensed to transport more than
three-fourths ton rated manufacturer's capacity shall be stored or
parked on any lot or portion of a lot.
A.
Purpose. The purpose of the R-6 Residential Zone is to provide for
varied types of housing to meet the desires of a certain segment of
the population.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes.
(1)
Principal uses.
(a)
Detached one-family dwelling as a principal structure.
(b)
Home occupations/home office. Home office use, meaning an office
activity carried on for gain by a resident in a dwelling unit, shall
be a permitted accessory use in residential zone districts, provided
that:
[1]
The use is limited solely to office use.
[2]
The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other persons.
[3]
No nonresident employees, customers, or business invitees or
guests shall visit the dwelling unit for business purposes.
[4]
The use shall be located in only one room of the dwelling unit,
which shall not be served by an entrance separate from the household.
[5]
Interior storage of materials shall only consist of office supplies.
[6]
There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to, parking, storage signs, or lights.
[7]
The use operates no equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference,
including interference with telephone, radio or television reception,
detectable by neighboring residents.
[8]
The use does not require any increased or enhanced electrical
or water supply.
[9]
The quantity and type of solid waste disposal is the same as
other residential uses in the zone district.
[10]
The capacity and quality of effluent is typical
of normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components.
[11]
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express, and other delivery
services providing regular service to residential uses in the zone
district.
[12]
All vehicular traffic to and from the home office/occupation
use shall be limited in volume, type and frequently to what is normally
associated with other residential uses in the zone district.
[13]
No activity or alteration occurs such that observers
will know a business/occupation is being operated from the premises.
(c)
Within areas zoned R-6/2F only, detached two-family dwellings.
The purpose of the R-6/2F two-family designation is to recognize areas
of existing two-family residential development and to preserve the
adjacent single-family zones and to use the R-6/2F Zone for strictly
single-family and two-family residential purposes and to prohibit
multifamily and commercial development.
(d)
Within areas zoned R-6/OC only, mixed residential/office use.
The purpose of the R-6/OC office conversion designation is to maintain
the residential character of neighborhoods while providing opportunities
for conversions of existing residences to office use where adequate
parking and buffering requirements are met. These provisions intend
to discourage the demolition of residential structures for the construction
of office buildings.
(2)
Accessory buildings and uses, including:
(a)
Private garages, not to exceed two spaces.
(b)
Buildings for tools and equipment used for maintenance of the
grounds, not to exceed 150 square feet in area.
(c)
Swimming pools and tennis courts, but not public swim or tennis
clubs.
(d)
Signs, subject to the provisions of the sign section of this
article.
(e)
Fences and hedges, subject to the fences and hedges section
of this article.
(f)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted subject to approval
of the municipal agency and the special conditions of this article:
C.
Development Standards. The R-6 Residential Zone specified herewith
shall be occupied only as indicated in the Schedule of Bulk Requirements
included in 150 Appendix 1 at the end of this chapter and as follows:
(1)
Single-family.
(a)
Principal buildings.
[1]
Minimum lot size: 6,000 square feet.
[2]
Minimum lot width: 60 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front setback (measured from the future street right-of-way):
25 feet or prevailing.
[5]
Minimum each side setback: 5 feet.
[6]
Minimum both side setbacks: 15 feet.
[7]
Minimum rear setback: 20 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 25%.
[10]
Maximum building height: 2 1/2 stories or
35 feet whichever is less.
[11]
Maximum percentage of impervious lot coverage
by all buildings and pavement: R-6: 40%; R-6/OC: 60%.
(b)
Accessory buildings and uses.
[1]
Accessory buildings for tools and equipment used for maintenance
of the grounds which are not attached to the principal building shall
not exceed 10 feet in height as measured from the grade to the ridge
at the peak of the roof. No side wall of such accessory buildings
may exceed eight feet above grade in height. No such shed shall exceed
150 square feet in area. All such accessory buildings shall conform
to at least the front setback requirement of the principal building.
The minimum side and rear yard setbacks shall be four feet. All other
accessory buildings not attached to the principal building shall not
exceed 15 feet in height and shall conform to at least the front setback
requirement of the principal building. The minimum side and rear yard
setbacks shall be four feet.
[2]
Those swimming pools less than four feet high shall be enclosed
by a permanent fence not less than four feet high with a locked gate.
Building permits will be required for all swimming pools, above or
below ground, with a water surface area of 250 square feet or over.
[3]
Accessory buildings attached to a principal building shall comply
with the setbacks of the principal building.
[4]
No truck or commercial vehicle, licensed to transport more than
three-fourths ton rated manufacturer's capacity shall be stored or
parked on any lot or portion of a lot.
(2)
Two-family.
(a)
Principal buildings.
[1]
Minimum lot size: 7,000 square feet.
[2]
Minimum lot width: 60 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front setback: 25 feet or prevailing.
[5]
Minimum each side setback: 5 feet.
[6]
Minimum both side setbacks: 15 feet.
[7]
Minimum rear setback: 20 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 25%.
[10]
Maximum building height: 2 1/2 stories or
35 feet whichever is less.
[11]
Maximum percentage of impervious lot coverage
by all buildings and pavement: 45%.
(b)
Accessory buildings and uses.
[1]
Accessory buildings not attached to the principal building shall
not exceed 15 feet in height and shall conform to at least the front
setback requirement of the principal building. The minimum side and
rear yard setbacks shall be 10 feet.
[2]
Those swimming pools less than four feet high shall be enclosed
by a permanent fence not less than four feet high with a locked gate.
Building permits will be required for all swimming pools, above or
below ground, with a water surface area of 250 square feet or over.
[3]
Accessory buildings attached to a principal building shall comply
with the setbacks of the principal building.
[4]
No truck or commercial vehicle, licensed to transport more than
three-fourths ton rated manufacturer's capacity shall be stored or
parked on any lot or portion of a lot.
(3)
Mixed residential/office uses.
(a)
Principal buildings.
[1]
The office shall be located within a principal residential building
constructed before December 31, 1989, and within which a residential
apartment is maintained.
[2]
The character of the existing structure is to be maintained
with no exterior physical evidence other than signage. All signage
must be consistent with the small scale of office conversion/residential
character, and offices shall be limited to one sign panel not larger
than 25 square feet. When freestanding, both sides may contain signage
with a total area of 50 square feet. If attached, the sign shall be
attached flat against the building and shall not extend higher than
the second-floor window sills; if freestanding, the sign shall not
exceed five feet in height and shall be set back 15 feet from any
lot line.
[3]
Placement of access drives shall allow for a future common drive
with an adjacent parcel at one side yard.
[4]
No new parking space or parking aisle shall be permitted in
the front yard or within 25 feet of any lot with a single-family detached
dwelling in a residential zone other than the R-6/OC subzone.
[5]
Rear and side yards shall have adequate landscaping, screening
and fencing to shield parking areas for five or more spaces from adjoining
lots.
[6]
There shall be no minimum lot size on which a conversion may
be permitted to occur.
[7]
No individual office floor area shall exceed a total area of
4,000 square feet.
[8]
Site plan review and approval shall be required for any nonresidential
use, and the following design standards shall apply:
[a]
Building additions shall be designed and constructed
to provide architectural and land use consistency to reflect the character
of the surrounding neighborhood.
[b]
No merchandise, products, waste, equipment or similar
material or objects shall be displayed or stored outdoors.
[c]
All areas not utilized for buildings, parking,
loading, access aisles and driveways or pedestrian walkways shall
be landscaped with trees, shrubs, ground cover, seeding or similar
plantings and maintained in good condition.
[d]
A five-foot landscaped buffer shall be required
along each property line not designed for joint access.
[e]
Trash, garbage and recycling shall be stored in
an enclosed container obscured from view from parking areas, streets
and adjacent residential uses by a fence, wall, planting or combination
of the three.
[f]
Light fixtures shall have a mounting height of
no more than 10 feet.
[g]
Access cross-easements shall be required to reserve
areas in which to provide joint driveways and interconnection of parking
areas.
(b)
Accessory buildings and uses.
[1]
Accessory buildings not attached to the principal building shall
not exceed 15 feet in height and shall conform to at least the front
setback requirement of the principal building. The minimum side and
rear yard setbacks shall be 10 feet.
[2]
Those swimming pools less than four feet high shall be enclosed
by a permanent fence not less than four feet high with a locked gate.
Building permits will be required for all swimming pools, above or
below ground, with a water surface area of 250 square feet or over.
[3]
Accessory buildings attached to a principal building shall comply
with the setbacks of the principal building.
[4]
No truck or commercial vehicle, licensed to transport more than
three-fourths ton rated manufacturer's capacity shall be stored or
parked on any lot or portion of a lot.
A.
Purpose. The purpose of the R-5 Residential Zone is to provide for
and protect the character of the existing high-density residential
areas. The provisions and regulations set forth herein encourage the
future development and maintenance of this area as a residential area
for strictly residential purposes by prohibiting commercial development
or conversions to commercial or multifamily housing.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes.
(1)
Principal uses.
(a)
Detached one-family dwelling as a principal structure.
(b)
Home occupations/home office. Home office use, meaning an office
activity carried on for gain by a resident in a dwelling unit, shall
be a permitted accessory uses in residential zone districts, provided
that:
[1]
The use is limited solely to office use.
[2]
The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other persons.
[3]
No nonresident employees, customers, or business invitees or
guests shall visit the dwelling unit for business purposes.
[4]
The use shall be located in only one room of the dwelling unit,
which shall not be served by an entrance separate from the household.
[5]
Interior storage of materials shall only consist of office supplies.
[6]
There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to, parking, storage signs, or lights.
[7]
The use operates no equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference,
including interference with telephone, radio or television reception,
detectable by neighboring residents.
[8]
The use does not require any increased or enhanced electrical
or water supply.
[9]
The quantity and type of solid waste disposal is the same as
other residential uses in the zone district.
[10]
The capacity and quality of effluent is typical
of normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components.
[11]
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express, and other delivery
services providing regular service to residential uses in the zone
district.
[12]
All vehicular traffic to and from the home office/occupation
use shall be limited in volume, type and frequently to what is normally
associated with other residential uses in the zone district.
[13]
No activity or alteration occurs such that observers
will know a business/occupation is being operated from the premises.
(2)
Accessory buildings and uses, including:
(a)
Private garages, not to exceed two spaces.
(b)
Buildings for tools and equipment used for maintenance of the
grounds, not to exceed 150 square feet in area.
(c)
Swimming pools and tennis courts, but not public swim or tennis
clubs.
(d)
Signs, subject to the sign section of this article.
(e)
Fences and hedges, subject to the fences and hedges section
of this article.
(f)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted subject to approval
of the municipal agency and the special conditions of this article:
C.
Development Standards. The R-5 Residential Zone specified herewith
shall be occupied only as indicated in the Schedule of Bulk Requirements
included in 150 Appendix 1 at the end of this chapter and as follows:
(1)
Single-family.
(a)
Principal buildings.
[1]
Minimum lot size: 5,000 square feet.
[2]
Minimum lot width: 50 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front setback (measured from the future street right-of-way):
25 feet or prevailing.
[5]
Minimum each side setback: 5 feet.
[6]
Minimum both side setbacks: 14 feet.
[7]
Minimum rear setback: 20 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 25%.
[10]
Maximum building height: 2 1/2 stories or
35 feet whichever is less.
[11]
Maximum percentage of impervious lot coverage
by all buildings and pavement: 40%.
(b)
Accessory buildings and uses.
[1]
Accessory buildings for tools and equipment used for maintenance
of the grounds which are not attached to the principal building shall
not exceed 10 feet in height as measured from the grade to the ridge
at the peak of the roof. No side wall of such accessory buildings
may exceed eight feet above grade in height. No such shed shall exceed
150 square feet in area. All such accessory buildings shall conform
to at least the front setback requirement of the principal building.
The minimum side and rear yard setbacks shall be four feet. All other
accessory buildings not attached to the principal building shall not
exceed 15 feet in height and shall conform to at least the front setback
requirement of the principal building. The minimum side and rear yard
setbacks shall be four feet.
[2]
Those swimming pools less than four feet high shall be enclosed
by a permanent fence not less than four feet high with a locked gate.
Building permits will be required for all swimming pools, above or
below ground, with a water surface area of 250 square feet or over.
[3]
Accessory buildings attached to a principal building shall comply
with the setbacks of the principal building.
[4]
No truck or commercial vehicle, licensed to transport more than
three-fourths ton rated manufacturer's capacity shall be stored or
parked on any lot or portion of a lot.
A.
Purpose. The purpose of the R-4 Residential Zone is to provide for
and protect the character of the existing high-density residential
areas. The provisions and regulations set forth herein encourage the
future development and maintenance of this area as a residential area
for strictly residential purposes by prohibiting commercial development
or conversions to commercial or multifamily housing.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes.
(1)
Principal uses.
(a)
Detached one-family dwelling as a principal structure.
(b)
Home occupations/home office. Home office use, meaning an office
activity carried on for gain by a resident in a dwelling unit, shall
be a permitted accessory use in residential zone districts, provided
that:
[1]
The use is limited solely to office use.
[2]
The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other persons.
[3]
No nonresident employees, customers, or business invitees or
guests shall visit the dwelling unit for business purposes.
[4]
The use shall be located in only one room of the dwelling unit,
which shall not be served by an entrance separate from the household.
[5]
Interior storage of materials shall only consist of office supplies.
[6]
There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to, parking, storage signs, or lights.
[7]
The use operates no equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference,
including interference with telephone, radio or television reception,
detectable by neighboring residents.
[8]
The use does not require any increased or enhanced electrical
or water supply.
[9]
The quantity and type of solid waste disposal is the same as
other residential uses in the zone district.
[10]
The capacity and quality of effluent is typical
of normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components.
[11]
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express, and other delivery
services providing regular service to residential uses in the zone
district.
[12]
All vehicular traffic to and from the home office/occupation
use shall be limited in volume, type and frequently to what is normally
associated with other residential uses in the zone district.
[13]
No activity or alteration occurs such that observers
will know a business/occupation is being operated from the premises.
(2)
Accessory buildings and uses, including:
(a)
Private garages, not to exceed two spaces.
(b)
Buildings for tools and equipment used for maintenance of the
grounds, not to exceed 150 square feet in area.
(c)
Swimming pools and tennis courts, but not public swim or tennis
clubs.
(d)
Signs, subject to the sign section of this article.
(e)
Fences and hedges, subject to the fences and hedges section
of this article.
(f)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted subject to approval
of the municipal agency and the special conditions of this article:
C.
Development Standards. The R-4 Residential Zone specified herewith
shall be occupied only as indicated in the Schedule of Bulk Requirements
included in 150 Appendix 1 at the end of this chapter and as follows:
(1)
Single-family.
(a)
Principal buildings.
[1]
Minimum lot size: 4,000 square feet.
[2]
Minimum lot width: 40 feet.
[3]
Minimum lot depth: 70 feet.
[4]
Minimum front setback (measured from the future street right-of-way):
25 feet or prevailing.
[5]
Minimum each side setback: 5 feet.
[6]
Minimum both side setbacks: 12 feet.
[7]
Minimum rear setback: 20 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 25%.
[10]
Maximum building height: 2 1/2 stories or
35 feet whichever is less.
[11]
Maximum percentage of impervious lot coverage
by all buildings and pavement: 45%.
(b)
Accessory buildings and uses.
[1]
Accessory buildings for tools and equipment used for maintenance
of the grounds which are not attached to the principal building shall
not exceed 10 feet in height as measured from the grade to the ridge
at the peak of the roof. No side wall of such accessory buildings
may exceed eight feet above grade in height. No such shed shall exceed
150 square feet in area. All such accessory buildings shall conform
to at least the front setback requirement of the principal building.
The minimum side and rear yard setbacks shall be four feet. All other
accessory buildings not attached to the principal building shall not
exceed 15 feet in height and shall conform to at least the front setback
requirement of the principal building. The minimum side and rear yard
setbacks shall be four feet.
[2]
Those swimming pools less than four feet high shall be enclosed
by a permanent fence not less than four feet high with a locked gate.
Building permits will be required for all swimming pools, above or
below ground, with a water surface area of 250 square feet or over.
[3]
Accessory buildings attached to a principal building shall comply
with the setbacks of the principal building.
[4]
No truck or commercial vehicle, licensed to transport more than
three-fourths ton rated manufacturer's capacity shall be stored or
parked on any lot or portion of a lot.
A.
Purpose. The intent of these requirements is to provide for and protect
the character of existing and prospective high-density residential
areas containing multi-family dwellings or attached and semi-attached
dwellings.
A.
Purpose. The purpose of the MF-2/A multifamily residential zone is
to provide for two- and-one-half story dwellings with no more than
four dwellings units in one structure and protect the character of
the adjoining residential areas.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes:
(1)
Principal uses.
(a)
Single-family detached, semi-attached and attached dwellings
with no more than two dwellings units in one structure as a principal
structure.
(b)
Two-family semi-attached and detached dwelling with no more
than four dwelling units in one structure as a principal structure.
(c)
Multifamily dwelling with no more than four dwelling units in
one structure as a principal structure.
(d)
Home occupations/home office. Home office use, meaning an office
activity carried on for gain by a resident in a dwelling unit, shall
be a permitted accessory use in residential zone districts, provided
that:
[1]
The use is limited solely to office use.
[2]
The use is operated by or employs in the residence
only a resident or residents who are permanent full-time residents
of the dwelling unit, and no other persons.
[3]
No nonresident employees, customers, or business
invitees or guests shall visit the dwelling unit for business purposes.
[4]
The use shall be located in only one room of the
dwelling unit, which shall not be served by an entrance separate from
the household.
[5]
Interior storage of materials shall only consist
of office supplies.
[6]
There shall be no change to the exterior of buildings
or structures because of the use, and no outside appearance of a business
use, including, but not limited to, parking, storage signs, or lights.
[7]
The use operates no equipment or process that creates
noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with telephone, radio or television
reception, detectable by neighboring residents.
[8]
The use does not require any increased of enhanced
electrical or water supply.
[9]
The quantity and type of solid waste disposal is
the same as other residential uses in the zone district.
[10]
The capacity and quality of effluent is typical
of normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components.
[11]
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express, and other delivery
services providing regular service to residential uses in the zone
district.
[12]
All vehicular traffic to and from the home office/occupation
use shall be limited in volume, type and frequency to what is normally
associated with other residential uses in the zone district.
[13]
No activity or alteration occurs such that observers
will know a business/occupation is being operated from the premises.
(2)
Accessory buildings and uses, including:
(a)
Private garages, not to exceed two spaces.
(b)
Buildings for tools and equipment used for maintenance of the
grounds, not to exceed 150 square feet in area.
(c)
Swimming pools and tennis courts, but not public swim or tennis
clubs.
(d)
Signs, subject to the special conditions of this article.
(e)
Fences and hedges, subject to the special conditions of this
article.
(f)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted, subject
to approval of the municipal agency and the special conditions of
this article.
C.
Development Standards. The MF-2/A multifamily residential zone specified
herewith shall be occupied only as indicated in the Schedule of Bulk
Requirements included in 150 Appendix 1 at the end of this chapter,
which is as follows:
(1)
Residential.
(a)
Principal buildings: single-family semi-attached and attached
dwellings.
[1]
Minimum lot size: 5,000 square feet; 2,500 square
feet when associated with 2,500 square feet common open space.
[2]
Minimum lot width: 25 feet.
[3]
Minimum lot depth: 100 feet.
[5]
Minimum each side setback: 15 feet; zero feet with
common wall.
[6]
Minimum both side setbacks: 30 feet; 15 feet with
one common wall or zero feet with two common walls.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 2 1/2 stories or
35 feet, whichever is less.
[11]
Maximum floor area ratio: 0.60:1.
(b)
Principal buildings: two-family dwellings.
[1]
Minimum lot size: 10,000 square feet; 5,000 square
feet when associated with 5,000 square feet common open space.
[2]
Minimum lot width: 50 feet.
[3]
Minimum lot depth: 100 feet.
[5]
Minimum each side setback: 15 feet; zero feet with
common wall.
[6]
Minimum both side setbacks: 30 feet; 15 feet with
one common wall or zero feet with two common walls.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 2 1/2 stories or
35 feet, whichever is less.
[11]
Maximum floor area ratio: 0.60:1.
(c)
Principal buildings: multifamily dwellings.
[1]
Minimum lot size: 5,000 square feet per unit.
[2]
Minimum lot width: 100 feet.
[3]
Minimum lot depth: 100 feet.
[5]
Minimum each side setback: 25 feet.
[6]
Minimum both side setbacks: 50 feet.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 2 1/2 stories or
35 feet, whichever is less.
[11]
Maximum floor area ratio: 0.60:1.
(d)
Accessory buildings and uses.
[1]
Accessory buildings not attached to the principal
building shall not exceed 15 feet in height and shall conform to at
least the front setback requirement of the principal building. The
minimum side and rear yard setbacks shall be 10 feet.
[2]
Those swimming pools less than four feet high shall
be enclosed by a permanent fence not less than four feet high with
a locked gate. Building permits shall be required for all swimming
pools, above or below ground, with a water surface area of 250 square
feet or over.
[3]
Accessory buildings attached to a principal building
shall comply with the setbacks of the principal building.
[4]
No truck or commercial vehicle licensed to transport
more than 3/4 ton rated manufacturer's capacity shall be stored or
parked on any lot or portion of a lot.
D.
Other Provisions and Requirements.
(1)
Off-street parking is required subject to the special conditions
of this article.
(2)
Landscaping is required subject to the special conditions of
this article.
(3)
All multifamily projects shall incorporate "CPTED" Crime Prevention
Through Environmental Design techniques as established by Township
Ordinance 17-12.
A.
Purpose. The purpose of the MF-2/B multifamily residential zone is
to provide for two- and-one-half story dwellings with no more than
eight dwellings units in one structure and protect the character of
the adjoining residential areas.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes:
(1)
Principal uses.
(a)
Single-family detached, semi-attached and attached dwellings
with no more than eight dwellings units in one structure as a principal
structure.
(b)
Two-family semi-attached and detached dwelling with no more
than eight dwelling units in one structure as a principal structure.
(c)
Multifamily dwelling with no more than eight dwelling units
in one structure as a principal structure.
(d)
Home occupations/home office. Home office use, meaning an office
activity carried on for gain by a resident in a dwelling unit, shall
be a permitted accessory use in residential zone districts, provided
that:
[1]
The use is limited solely to office use.
[2]
The use is operated by or employs in the residence
only a resident or residents who are permanent full-time residents
of the dwelling unit, and no other persons.
[3]
No nonresident employees, customers, or business
invitees or guests shall visit the dwelling unit for business purposes.
[4]
The use shall be located in only one room of the
dwelling unit, which shall not be served by an entrance separate from
the household.
[5]
Interior storage of materials shall only consist
of office supplies.
[6]
There shall be no change to the exterior of buildings
or structures because of the use, and no outside appearance of a business
use, including, but not limited to, parking, storage signs, or lights.
[7]
The use operates no equipment or process that creates
noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with telephone, radio or television
reception, detectable by neighboring residents.
[8]
The use does not require any increased or enhanced
electrical or water supply.
[9]
The quantity and type of solid waste disposal is
the same as other residential uses in the zone district.
[10]
The capacity and quality of effluent is typical
of normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components.
[11]
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express, and other delivery
services providing regular service to residential uses in the zone
district.
[12]
All vehicular traffic to and from the home office/occupation
use shall be limited in volume, type and frequency to what is normally
associated with other residential uses in the zone district.
[13]
No activity or alteration occurs such that observers
will know a business/occupation is being operated from the premises.
(2)
Accessory buildings and uses, including:
(a)
Private garages, not to exceed two spaces.
(b)
Buildings for tools and equipment used for maintenance of the
grounds, not to exceed 150 square feet in area.
(c)
Swimming pools and tennis courts, but not public swim or tennis
clubs.
(d)
Signs, subject to the special conditions of this article.
(e)
Fences and hedges, subject to the special conditions of this
article.
(f)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted, subject
to approval of the municipal agency and the special conditions of
this article.
C.
Development Standards. The MF-2/B multifamily residential zone specified
herewith shall be occupied only as indicated in the Schedule of Bulk
Requirements included in 150 Appendix 1 at the end of this chapter,
which is as follows:
(1)
Residential.
(a)
Principal buildings: single-family semi-attached and attached
dwellings.
[1]
Minimum lot size: 4,000 square feet; 2,000 square
feet when associated with 2,000 square feet common open space.
[2]
Minimum lot width: 20 feet.
[3]
Minimum lot depth: 100 feet.
[5]
Minimum each side setback: 10 feet; zero feet with
common wall.
[6]
Minimum both side setbacks: 20 feet; 10 feet with
one common wall or zero feet with two common walls.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 2 1/2 stories or
35 feet, whichever is less.
[11]
Maximum floor area ratio: 0.60:1.
(b)
Principal buildings: two-family dwellings.
[1]
Minimum lot size: 8,000 square feet; 4,000 square
feet when associated with 4,000 square feet common open space.
[2]
Minimum lot width: 30 feet.
[3]
Minimum lot depth: 100 feet.
[5]
Minimum each side setback: 10 feet; zero feet with
common wall.
[6]
Minimum both side setbacks: 20 feet; 10 feet with
one common wall or zero feet with two common walls.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 2 1/2 stories or
35 feet, whichever is less.
[11]
Maximum floor area ratio: 0.60:1.
(c)
Principal buildings: multifamily dwellings.
[1]
Minimum lot size: 4,000 square feet per unit.
[2]
Minimum lot width: 200 feet.
[3]
Minimum lot depth: 100 feet.
[5]
Minimum each side setback: 25 feet.
[6]
Minimum both side setbacks: 50 feet.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 2 1/2 stories or
35 feet, whichever is less.
[11]
Maximum floor area ratio: 0.60:1.
(d)
Accessory buildings and uses.
[1]
Accessory buildings not attached to the principal
building shall not exceed 15 feet in height and shall conform to at
least the front setback requirement of the principal building. The
minimum side and rear yard setbacks shall be 10 feet.
[2]
Those swimming pools less than four feet high shall
be enclosed by a permanent fence not less than four feet high with
a locked gate. Building permits shall be required for all swimming
pools, above or below ground, with a water surface area of 250 square
feet or over.
[3]
Accessory buildings attached to a principal building
shall comply with the setbacks of the principal building.
[4]
No truck or commercial vehicle licensed to transport
more than three-fourths ton rated manufacturer's capacity shall be
stored or parked on any lot or portion of a lot.
A.
Purpose. The purpose of the MF-2/C multi-family residential zone
is to provide for two- and-one-half story dwellings with no more than
24 dwellings units in one structure and protect the character of the
adjoining residential areas.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes:
(1)
Principal uses.
(a)
Single-family detached, semi-attached and attached dwellings
with no more than 24 dwelling units in one structure as a principal
structure.
(b)
Two-family semi-attached and detached dwelling with no more
than 24 dwelling units in one structure as a principal structure.
(c)
Multifamily dwelling with no more than 24 dwelling units in
one structure as a principal structure.
(d)
Home occupations/home office. Home office use, meaning an office
activity carried on for gain by a resident in a dwelling unit, shall
be a permitted accessory use in residential zone districts, provided
that:
[1]
The use is limited solely to office use.
[2]
The use is operated by or employs in the residence
only a resident or residents who are permanent full-time residents
of the dwelling unit, and no other persons.
[3]
No nonresident employees, customers, or business
invitees or guests shall visit the dwelling unit for business purposes.
[4]
The use shall be located in only one room of the
dwelling unit, which shall not be served by an entrance separate from
the household.
[5]
Interior storage of materials shall only consist
of office supplies.
[6]
There shall be no change to the exterior of buildings
or structures because of the use, and no outside appearance of a business
use, including, but not limited to, parking, storage signs, or lights.
[7]
The use operates no equipment or process that creates
noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with telephone, radio or television
reception, detectable by neighboring residents.
[8]
The use does not require any increase of enhanced
electrical or water supply.
[9]
The quantity and type of solid waste disposal is
the same as other residential uses in the zone district.
[10]
The capacity and quality of effluent is typical
of normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components.
[11]
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express, and other delivery
services providing regular service to residential uses in the zone
district.
[12]
All vehicular traffic to and from the home office/occupation
use shall be limited in volume, type and frequency to what is normally
associated with other residential uses in the zone district.
[13]
No activity or alteration occurs such that observers
will know a business/occupation is being operated from the premises.
(2)
Accessory buildings and uses, including:
(a)
Private garages, not to exceed two spaces.
(b)
Buildings for tools and equipment used for maintenance of the
grounds, not to exceed 150 square feet in area.
(c)
Swimming pools and tennis courts, but not public swim or tennis
clubs.
(d)
Signs, subject to the special conditions of this article.
(e)
Fences and hedges, subject to the special conditions of this
article.
(f)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted, subject
to approval of the municipal agency and the special conditions of
this article.
C.
Development Standards. The MF-2/C multi-family residential zone specified
herewith shall be occupied only as indicated in the Schedule of Bulk
Requirements included in 150 Appendix 1 at the end of this chapter,
which is as follows:
(1)
Residential.
(a)
Principal buildings: single-family semi-attached and attached
dwellings.
[1]
Minimum lot size: 4,000 square feet; 2,000 square
feet when associated with 2,000 square feet common open space.
[2]
Minimum lot width: 20 feet.
[3]
Minimum lot depth: 100 feet.
[5]
Minimum each side setback: 10 feet; zero feet with
common wall.
[6]
Minimum both side setbacks: 20 feet; 10 feet with
one common wall or zero feet with two common walls.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 2 1/2 stories or
35 feet, whichever is less.
[11]
Maximum floor area ratio: 0.60:1.
(b)
Principal buildings: two-family dwellings.
[1]
Minimum lot size: 8,000 square feet; 4,000 square
feet when associated with 4,000 square feet common open space.
[2]
Minimum lot width: 30 feet.
[3]
Minimum lot depth: 100 feet.
[5]
Minimum each side setback: 10 feet; zero feet with
common wall.
[6]
Minimum both side setbacks: 20 feet; 10 feet with
one common wall or zero feet with two common walls.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 2 1/2 stories or
35 feet, whichever is less.
[11]
Maximum floor area ratio: 0.60:1.
(c)
Principal buildings: multi-family dwellings.
[1]
Minimum lot size: 2,500 square feet per unit.
[2]
Minimum lot width: 200 feet.
[3]
Minimum lot depth: 300 feet.
[5]
Minimum each side setback: 10 feet.
[6]
Minimum both side setbacks: 20 feet.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 650 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 2 1/2 stories or
35 feet, whichever is less.
[11]
Maximum floor area ratio: 0.60:1.
(d)
Accessory buildings and uses.
[1]
Accessory buildings not attached to the principal
building shall not exceed 15 feet in height and shall conform to at
least the front setback requirement of the principal building. The
minimum side and rear yard setbacks shall be 10 feet.
[2]
Those swimming pools less than four feet high shall
be enclosed by a permanent fence not less than four feet high with
a locked gate. Building permits shall be required for all swimming
pools, above or below ground, with a water surface area of 250 square
feet or over.
[3]
Accessory buildings attached to a principal building
shall comply with the setbacks of the principal building.
[4]
No truck or commercial vehicle licensed to transport
more than three-fourths ton rated manufacturer's capacity shall be
stored or parked on any lot or portion of a lot.
A.
Purpose. The purpose of the MF-3/C multi-family residential zone
is to provide for two- and-one-half story dwellings with no more than
24 dwelling units in one structure and protect the character of the
adjoining residential areas.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes:
(1)
Principal uses.
(a)
Single-family detached, semi-attached and attached dwellings
with no more than 24 dwelling units in one structure as a principal
structure.
(b)
Two-family semi-attached and detached dwelling with no more
than 24 dwelling units in one structure as a principal structure.
(c)
Multifamily dwelling with no more than 24 dwelling units in
one structure as a principal structure.
(d)
Home occupations/home office. Home office use, meaning an office
activity carried on for gain by a resident in a dwelling unit, shall
be a permitted accessory use in residential zone districts, provided
that:
[1]
The use is limited solely to office use.
[2]
The use is operated by or employs in the residence
only a resident or residents who are permanent full-time residents
of the dwelling unit, and no other persons.
[3]
No nonresident employees, customers, or business
invitees or guests shall visit the dwelling unit for business purposes.
[4]
The use shall be located in only one room of the
dwelling unit, which shall not be served by an entrance separate from
the household.
[5]
Interior storage of materials shall only consist
of office supplies.
[6]
There shall be no change to the exterior of buildings
or structures because of the use, and no outside appearance of a business
use, including, but not limited to, parking, storage signs, or lights.
[7]
The use operates no equipment or process that creates
noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with telephone, radio or television
reception, detectable by neighboring residents.
[8]
The use does not require any increased of enhanced
electrical or water supply.
[9]
The quantity and type of solid waste disposal is
the same as other residential uses in the zone district.
[10]
The capacity and quality of effluent is typical
of normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components.
[11]
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express, and other delivery
services providing regular service to residential uses in the zone
district.
[12]
All vehicular traffic to and from the home office/occupation
use shall be limited in volume, type and frequency to what is normally
associated with other residential uses in the zone district.
[13]
No activity or alteration occurs such that observers
will know a business/occupation is being operated from the premises.
(2)
Accessory buildings and uses, including:
(a)
Private garages, not to exceed two spaces.
(b)
Buildings for tools and equipment used for maintenance of the
grounds, not to exceed 150 square feet in area.
(c)
Swimming pools and tennis courts, but not public swim or tennis
clubs.
(d)
Signs, subject to the special conditions of this article.
(e)
Fences and hedges, subject to the special conditions of this
article.
(f)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted, subject
to approval of the municipal agency and the special conditions of
this article.
C.
Development Standards. The MF-3/C multifamily residential zone specified
herewith shall be occupied only as indicated in the Schedule of Bulk
Requirements included in 150 Appendix 1 at the end of this chapter,
which is as follows:
(1)
Residential.
(a)
Principal buildings: single-family semi-attached and attached
dwellings.
[1]
Minimum lot size: 4,000 square feet; 2,000 square
feet when associated with 2,000 square feet common open space.
[2]
Minimum lot width: 20 feet.
[3]
Minimum lot depth: 100 feet.
[5]
Minimum each side setback: 10 feet; zero feet with
common wall.
[6]
Minimum both side setbacks: 20 feet; 10 feet with
one common wall or zero feet with two common walls.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 650 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 3 1/2 stories or
40 feet, whichever is less.
[11]
Maximum floor area ratio: 0.60:1.
(b)
Principal buildings: two-family dwellings.
[1]
Minimum lot size: 8,000 square feet; 4,000 square
feet when associated with 4,000 square feet common open space.
[2]
Minimum lot width: 30 feet.
[3]
Minimum lot depth: 100 feet.
[5]
Minimum each side setback: 10 feet; zero feet with
common wall.
[6]
Minimum both side setbacks: 20 feet; 10 feet with
one common wall or zero feet with two common walls.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 650 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 3 1/2 stories or
40 feet, whichever is less.
[11]
Maximum floor area ratio: 0.60:1.
(c)
Principal buildings: multi-family dwellings.
[1]
Minimum lot size: 2,500 square feet per unit.
[2]
Minimum lot width: 200 feet.
[3]
Minimum lot depth: 300 feet.
[5]
Minimum each side setback: 25 feet.
[6]
Minimum both side setbacks: 50 feet.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 650 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 3 1/2 stories or
40 feet, whichever is less.
[11]
Maximum floor area ratio: 0.60:1.
(d)
Accessory buildings and uses.
[1]
Accessory buildings not attached to the principal
building shall not exceed 15 feet in height and shall conform to at
least the front setback requirement of the principal building. The
minimum side and rear yard setbacks shall be 10 feet.
[2]
Those swimming pools less than four feet high shall
be enclosed by a permanent fence not less than four feet high with
a locked gate. Building permits shall be required for all swimming
pools, above or below ground, with a water surface area of 250 square
feet or over.
[3]
Accessory buildings attached to a principal building
shall comply with the setbacks of the principal building.
[4]
No truck or commercial vehicle licensed to transport
more than three-fourths ton rated manufacturer's capacity shall be
stored or parked on any lot or portion of a lot.
A.
Purpose. The purpose of the MF-4/C Multifamily Residential Zone is
to provide for the continuation of the present MF zoning, thereby
providing for and protecting the character of existing multifamily
residential areas.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for the purposes enumerated
in the MF-3/C Zone.
C.
Development Standards. The MF-4/C Multifamily Residential Zone specified
herewith shall be occupied only as indicated in the Schedule of Bulk
Requirements included in 150 Appendix 1 at the end of this chapter,
as follows:
(1)
Townhouse development in accordance with the standards established
for the MF-2/B Multifamily Residential Zone.
(2)
Garden apartment development in accordance with the standards
established for the MF-2/C Multifamily Residential Zone.
(3)
Continental multiplex development in accordance with the standards
established for the MF-3/C Multifamily Residential Zone.
A.
Purpose. The purpose of the MF-TH Town House Residential Zone is
to provide for a single building of five and not more than ten attached
dwelling units located adjacent to one another in a side by side configuration
and separated by a vertical party wall and located on its own individual
lot.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes:
(1)
Principal uses.
(a)
Single-family attached dwellings with not less than five or
more than eight dwelling units side by side in one principal structure.
Each unit must be situated on its own lot.
(b)
All other residential uses permitted in the MF- Residential
Zone. The appropriate development standards as indicated in this section
shall apply.
C.
Development Standards. The MF-TH Town House Residential Zone specified
herewith shall be occupied only as indicated in the Schedule of Bulk
Requirements included in 150 Appendix 1 in this chapter, which is
as follows:
(1)
Principal buildings: Town house.
(a)
Minimum lot size: 4,000 square feet for each individual lot.
(b)
Minimum lot width: 40 feet.
(c)
Minimum lot depth: 100 feet.
(e)
Minimum each side setback: 10 feet, zero feet with common wall.
(f)
Minimum both side setbacks: 20 feet.
(g)
Minimum rear setback: 25 feet.
(h)
Minimum gross floor area: 900 square feet.
(i)
Maximum lot coverage: 20%.
(j)
Maximum building height: 2 1/2 stories or 35 feet, whichever
is less.
(k)
Maximum floor area ratio: 0.60:1.
(l)
Each unit must maintain a different front facade.
(2)
Accessory buildings and uses.
(a)
Accessory buildings not attached to the principal building shall
not exceed 15 feet in height and shall conform to at least the front
setback requirement of the principal building. The minimum side and
rear yard setbacks shall be 10 feet.
(b)
Those swimming pools less than four feet high shall be enclosed
by a permanent fence not less than four feet high with a locked gate.
Building permits, above or below ground, with a water surface area
of 250 square feet or over.
(c)
Accessory buildings attached to a principal building shall comply
with the setbacks of the principal building.
(d)
No truck or commercial vehicle licensed to transport more than
three-fourths ton rated manufacturer's capacity shall be stored or
parked on any lot or portion of a lot.
A.
Purpose. The purpose of the B-1 Neighborhood Business Zone is to
provide retail centers in which will be found the shopping goods and
services required to meet the daily needs of residents in the immediate
vicinity or neighborhood. It is specifically for retail sales and
services in the older established areas of the community.
B.
Green Buildings. All buildings are encouraged to be LEED-qualified
building and employ green technologies, energy saving construction
and utility techniques.
C.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes:
(1)
Principal uses. Principal uses are as follows:
Antique shops
|
Apparel
|
Appliance stores
|
Artist's supply
|
Bakery shops-retail
|
Bank and trust companies
|
Barbershops
|
Beauty and cosmetic shops
|
Bicycle shops
|
Book, periodical and newspaper sales
|
Business offices
|
Butcher shops or meat markets (no slaughtering permitted)
|
Candy shops
|
Card shops
|
Ceramic shops
|
Cigars and tobacco
|
Cleaner pickup or laundry pickup only
|
Cocktail lounges
|
Coin dealers
|
Dairy products
|
Delicatessens
|
Drugstores
|
Finance companies
|
Florists
|
Fruit stores and vegetable markets
|
Gift shops
|
Grocery stores
|
Hardware stores
|
Hobby shops
|
Ice cream shops
|
Jewelry shops
|
Libraries
|
Liquor stores
|
Locksmiths
|
Luncheonettes (non-drive-in)
|
Medical clinics and offices (outpatient)
|
Musical instrument stores
|
Newsstands
|
Notaries
|
Paint, glass and wallpaper stores
|
Pet shops
|
Pharmacies
|
Photography studios
|
Police and fire stations
|
Professional offices
|
Public utilities' offices
|
Post offices
|
Real estate and insurance
|
Record shops
|
Restaurant (non-drive-in, non-fast-food)
|
Sandwich shops (non drive-in)
|
Savings and loan associations
|
Seafood stores
|
Shoe or hat repair shops
|
Snack bar (non-drive-in)
|
Specialty food stores (i.e., herbs, spices, etc.)
|
Sporting goods stores
|
Stationery stores
|
Tailors
|
Taverns
|
Television, radio and electronics sales and service
|
Travel agencies
|
(2)
Accessory buildings and uses, including:
(a)
Private garage spaces not to exceed two spaces for the storage
of vehicles operated exclusively as part of a permitted use.
(b)
Signs, subject to the provisions of this article.
(c)
Fences and hedges, subject to the provisions of this article.
(d)
Buildings for tools and equipment used for maintenance of the
grounds.
(e)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted, subject to approval
of the municipal agency and the special conditions of this article.
(a)
Government and public buildings and services necessary to the
health, safety, convenience and general welfare of the inhabitants,
including volunteer fire companies and first-aid squads.
(b)
Public utility installations.
[1]
Cellular communications towers are subject to the conditions
established in this article.
(c)
Automotive gasoline stations.
(d)
Automotive service stations.
(e)
Automotive repair garages.
C .
Development Standards. The B-1 Business Zone specified herewith
shall be occupied only as indicated in the Schedule of Bulk Requirements
included in 150 Appendix 1 at the end of this chapter and as follows:
(1)
Principal buildings.
(a)
Minimum lot size: 5,000 square feet.
(b)
Minimum lot width: 50 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front setback (measure from the future street right-of-way):
5 feet on interior lots, 5 feet and 20 feet on corner lots.
(e)
Minimum each side setback: 4 feet.
(f)
Minimum both side setbacks: 10 feet.
(g)
Minimum rear setback: 10 feet.
(h)
Minimum gross floor area: 500 square feet.
(i)
Maximum lot coverage: 30%.
(j)
Maximum building height: 2 1/2 stories or 35 feet, whichever
is less.
(k)
Maximum floor area ratio: 0.90:1.
(2)
Accessory buildings. Accessory buildings shall conform to at
least the same height and setback requirements as the principal building.
Accessory buildings are not permitted in the required front yard.
A.
Purpose. The purpose of the B-2 Zone is to provide for and ensure
retail sales and service containing uses which include activities
servicing a larger segment of the population than the average neighborhood.
It also allows for the development of new and expanded ancillary businesses
and cultural uses and is to provide for the location of off-street
parking facilities close enough to the business district to be convenient
thereto.
B.
Green Buildings. All buildings are encouraged to be LEED-qualified
building and employ green technologies, energy saving construction
and utility techniques.
C.
Permitted Uses. A building may be erected, altered or used and a
lot may be occupied and used for any of the following purposes:
(1)
Principal uses. Principal uses are as follows:
Advertising agencies
|
Advertising specialty offices
|
Antique sales
|
Apparel
|
Art galleries
|
Arts and crafts
|
Audiovisual equipment
|
Automobile parking lots and garages
|
Auto supplies, parts and accessories (not including junk parts
stored outside)
|
Bakery shops — retail
|
Banks
|
Barbershops
|
Beauty and cosmetic shops
|
Bicycle shops
|
Blueprinting and photostatting
|
Book, periodical and newspaper sales
|
Broadcasting studios and offices
|
Business equipment
|
Business machines
|
Business offices
|
Butcher shops or markets (no slaughtering permitted)
|
Cafeterias
|
Camera and/or photographic supply stores (non-drive-in)
|
Candy sales
|
Card shops
|
Ceramic products, studios and sales
|
Cigars and tobacco
|
Cleaner or laundry pickup
|
Clothing-pressing establishments
|
Cocktail lounges
|
Coin dealers
|
Cosmetic shops
|
Costume retail
|
Credit union offices
|
Curtain shops
|
Dairy products
|
Delicatessens
|
Delivery services
|
Department stores
|
Display equipment
|
Drugstores
|
Dry cleaning and linen supply, retail sales
|
Dry-goods sales
|
Eating and drinking establishments (non drive-in)
|
Electrical appliances
|
Employment agencies
|
Exterminators
|
Fabric shops
|
Finance companies
|
Fine china
|
Firehouses
|
Fire protection equipment
|
Floor covering
|
Florists
|
Food products
|
Fruit stores and vegetable markets
|
Funeral services, excluding crematories
|
Furniture displays and sales
|
Fur shops
|
General office buildings
|
Gift shops
|
Glassware
|
Greeting card shops
|
Groceries
|
Hardware
|
Hobby shops
|
Home furnishings
|
Hospitals, animal
|
Household appliances
|
Ice cream shops
|
Insurance companies
|
Interior decorating establishments
|
Jewelry stores
|
Kitchen equipment
|
Laundry and dry cleaning (pickup and delivery only)
|
Leather goods and luggage stores
|
Libraries
|
Locksmiths
|
Luncheonettes (non-drive-in)
|
Mail order houses
|
Management consultants' offices
|
Metal ware
|
Museums
|
Musical instruments
|
Newsstands
|
Notaries
|
Office equipment and supplies
|
Optical goods
|
Package liquor stores
|
Paint, glass and wallpaper
|
Parking lots and garages
|
Pet shops
|
Pharmacies
|
Photography studios
|
Physical culture or health establishments
|
Police and fire stations
|
Printers' offices
|
Private schools
|
Professional offices
|
Public utilities' offices
|
Quasi-public uses
|
Record shops
|
Reducing salons
|
Restaurants (non-drive-in)
|
Sandwich shops (non-drive-in)
|
Savings and loan associations
|
Seafood
|
Shoe or hat repair shops
|
Shoe stores
|
Skating rinks
|
Snack bars (non-drive-in)
|
Social service organization offices
|
Special foods
|
Sporting goods
|
Stamp or coin stores
|
Stationery stores
|
Supermarkets
|
Surgical and medical supplies
|
Tailors
|
Taverns and inns
|
Taxicab dispatch offices
|
Telephone offices
|
Telephone answering service offices
|
Television-radio sales and repairs
|
Theaters (indoor)
|
Toy shops and hobbies
|
Travel agencies
|
Travel ticket offices
|
Uniform rentals and sales
|
Variety stores
|
Window cleaning services
|
D.
Development Standards. The B-2 Business Zone specified herewith shall
be occupied only as indicated in the Schedule of Bulk Requirements
included in 150 Appendix 1 at the end of this chapter and as follows:
(1)
Principal buildings.
(a)
Minimum lot size: 2,500 square feet.
(b)
Minimum lot width: 25 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front setback: none.
(e)
Minimum side yard setbacks: zero feet. In order to encourage
an end product which provides parking, access and architectural continuity
even where development occurs piecemeal and with diverse ownership,
buildings may be attached and may be built on the side lines in order
to be attached. Attached buildings may include two walls which must
be keyed to each other. Where buildings are built to both side lot
lines, the site plan shall be accompanied by appropriate legal material
and plans showing properly located loading spaces and trash receptacles
with permitted access across adjacent properties. If the property
abuts a residential zone, the building shall be set back a distance
of 25 feet, unless a public street intervenes.
(f)
Minimum rear yard setbacks: zero feet. If the property abuts
a residential zone, the building shall be set back a distance of 25
feet.
(g)
Maximum lot coverage: 100%.
(h)
Minimum gross floor area: 1,200 square feet.
(i)
Maximum building height: 2 1/2 stories or 35 feet, whichever
is less.
(j)
Maximum floor area ratio: 3.00:1.
(2)
Accessory buildings. Accessory buildings shall conform to at least
the same height and setback requirements as the principal building.
Accessory buildings are not permitted in the required front yard.
E.
Other Provisions and Requirements.
(1)
Off-street parking and loading is required as per this article.
(2)
Landscaping is required subject to the special conditions as specified
in this article.
(3)
Architectural projections may extend over the public right-of-way
a distance not to exceed three feet as long as there is a clearance
from the ground to the bottom of the projection of not less than 10
feet. This shall not include signs.
A.
Purpose. The purpose of the B-2/P Zone is to provide for uses devoted
to retail sales and service, professional services and related uses
which include activities servicing a larger segment of the population
than the average neighborhood. It also allows for the development
of new and expanded ancillary businesses and cultural uses and provides
for off-street parking facilities on each specific parcel.
B.
Uses.
(1)
Permitted uses. A building may be erected, altered or used and
a lot may be occupied and used for any of the purposes set forth in
this chapter.
(2)
Conditional uses. Subject to the approval of the municipal agency
and the satisfaction of the special conditions of this article, all
conditional uses permitted in the B-1 Zone shall be permitted in the
B-2/P Zone.
(3)
Other permitted uses. All uses permitted in the B-1 Zone, including
principal and accessory uses, shall also be permitted in the B-2/P
Zone.
C.
Development Standards. The B-2/P Central Business/Parking Zone specified
herewith shall be occupied only as indicated in the Schedule of Bulk
Regulations included in 150 Appendix 1 at the end of this chapter
and as follows:
(1)
Principal buildings.
(a)
Minimum lot size: 4,000 square feet
(b)
Minimum lot width: 40 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front setback: none.
(e)
Minimum side yard setbacks: zero feet. In order to encourage
an end product which provides parking, access and architectural continuity
even where development occurs piecemeal and with diverse ownership,
buildings may be attached and may be built on the side lines in order
to be attached. Attached buildings may include two walls which must
be keyed to each other. Where buildings are built to both side lot
lines, the site plan shall be accompanied by appropriate legal material
and plans showing properly located loading spaces and trash receptacles
with permitted access across adjacent properties. If the property
abuts a residential zone, the building shall be set back a distance
of 25 feet, unless a public street intervenes.
(f)
Minimum rear yard setbacks: zero feet. If the property abuts
a residential zone, the building shall be set back a distance of 25
feet.
(g)
Maximum lot coverage: 35%.
(h)
Maximum gross floor area: 1,200 square feet.
(i)
Maximum building height: 2 1/2 stories or 35 feet, whichever
is less.
(j)
Maximum floor area ratio: 3.00:1.
(2)
Accessory buildings. Accessory buildings shall conform to at
least the same height and setback requirements as the principal building.
Accessory buildings are not permitted in the required front yard.
D.
Other Provisions and Requirements.
(1)
Off-street parking is subject to the special conditions as provided
in this article.
(2)
Landscaping is required subject to the special conditions as
specified in this article.
(3)
Architectural projections may extend over the public right-of-way
a distance not to exceed three feet as long as there is a clearance
from the ground to the bottom of the projection of not less than 10
feet. This shall not include signs.
A.
Purpose. The purpose of the B-3 Highway Business Zone is to provide
areas for retail sales and services to accommodate the traveling public;
to promote compatible land use development of attractive building
groups; to ensure the compatibility of the development with adjacent
residential areas; to improve and provide for the efficient and safe
traffic flow within and through the B-3 Zone; and to provide highway-oriented
commercial uses in the proper location.
B.
Green Buildings. All buildings are encouraged to be LEED-qualified
building and employ green technologies, energy saving construction
and utility techniques.
C.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes:
(1)
Principal uses. Principal uses are as follows:
Advertising agencies
|
Advertising specialty offices
|
Antique sales
|
Apparel
|
Appliance stores
|
Art galleries
|
Artist's supplies
|
Audiovisual equipment
|
Auto supplies, parts and accessories (not including used or
junk parts)
|
Bakery shops
|
Banks
|
Barbershops
|
Beauty and cosmetic shops
|
Beer, ale and liquor sales
|
Bicycle shops
|
Blueprinting and photostatting
|
Book, periodical and newspaper sales
|
Broadcasting studios
|
Business equipment sales
|
Business offices
|
Butcher shops or meat markets (no slaughtering permitted)
|
Cafeterias
|
Camera and/or photographic supply stores
|
Candy sales
|
Caterers
|
Ceramic products
|
Check-cashing establishments
|
China shops
|
Cigars and tobacco sales
|
Cleaner pickup or laundry pickup
|
Clothing and pressing establishments
|
Clubs
|
Cocktail lounges
|
Coin dealers
|
Cosmetic shops
|
Costume rentals
|
Credit union offices
|
Curtain shops
|
Dairy products, retail
|
Delicatessens
|
Department stores
|
Diners
|
Drive-in, drive-through, fast-food and take-out restaurants
|
Drugstores
|
Eating establishments (non-drive-in, non-fast-food)
|
Electrical supplies
|
Employment agencies
|
Exterminators
|
Fabric shops
|
Finance companies
|
Fire protection equipment sales, (nonautomotive)
|
Floor covering
|
Florists
|
Food products
|
Fruit and vegetable markets
|
Funeral services
|
Furniture sales
|
Fur shops
|
General office buildings
|
Gift shops
|
Glassware
|
Greeting card shops
|
Groceries
|
Hardware
|
Hobby shops
|
Home furnishings
|
Home improvement offices
|
Hospitals, animal
|
Hotel/motel
|
Household appliances
|
Ice cream shops
|
Indoor and outdoor tennis courts
|
Insurance companies
|
Interior decorators
|
Jewelry stores
|
Kitchen equipment
|
Laundry and dry cleaning
|
Lawn maintenance services offices
|
Leather goods and luggage
|
Locksmiths
|
Luncheonettes
|
Mail order houses
|
Major appliance sales
|
Medical clinics and offices
|
Metal ware
|
Motorcycle sales and rentals
|
Muffler, seat cover and auto accessory stores
|
Museums
|
Musical instrument sales
|
Nightclubs or dance halls
|
Notaries
|
Nursing homes
|
Office equipment and supplies
|
Optical goods
|
Package liquor stores
|
Paint, glass and wallpaper
|
Pet shops
|
Phonographic sales and service
|
Photographic studios
|
Physical culture and health establishments
|
Printers' offices and establishments
|
Private schools
|
Professional offices
|
Public utilities' offices
|
Racquetball courts
|
Record shops
|
Reducing salons
|
Restaurants (non-drive-in, non-fast-food)
|
Retail stores, large format
|
Sandwich shops
|
Savings and loan associations
|
Seafood retail sales
|
Shoe-shine parlors
|
Social service organizations
|
Specialty foods
|
Sporting goods
|
Stamp and coin stores
|
Stamp redemption centers
|
Stationery stores
|
Supermarkets
|
Surgical and medical supplies sales
|
Tailors
|
Telephone and telegraph offices
|
Telephone answering services
|
Television, radio and electronics service-repairs
|
Toy shops
|
Travel agencies
|
Travel ticket offices
|
Uniform rentals and sales
|
Variety stores
|
Veterinary hospitals
|
Window cleaning services
|
(2)
Conditional uses. The following uses are permitted, subject to approval
of the municipal agency and the special conditions of this article:
(a)
All conditional uses permitted in the B-1 Zone.
(b)
Car washes.
(c)
Automotive sales and service and used car sales lots.
(d)
Landscaping, nurseries and garden supply sales.
(e)
Trailer and mobile home sales, recreation equipment sales, swimming
pool sales and boat and marine sales.
(f)
Eating establishments (drive-in or fast-food).
(g)
Quasi-public uses, including clubs, lodges and similar uses.
(h)
Hospitals, nonprofit.
(i)
Amusement centers.
(3)
Other permitted uses. All uses permitted in the B-2 Zone, including
principal, accessory and conditional uses, shall also be permitted
in the B-3 Zone.
C .
Development Standards. The B-3 Highway Business Zone specified
herewith shall be occupied only as follows and in accordance with
the Schedule of Bulk Requirements included in 150 Appendix 1 at the
end of this chapter:
(1)
Principal buildings.
(a)
Minimum lot size: 20,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum lot depth: 150 feet.
(d)
Minimum front yard setback (measured from the future street right-of-way):
50 feet.
(e)
Minimum side yard setback: 15 feet.
(f)
Minimum both side yards: 50 feet.
(g)
Minimum rear yard setback: 40 feet.
(h)
Minimum gross floor area: 2,000 square feet.
(i)
Maximum lot coverage: 25%.
(j)
Maximum building height: 2 1/2 stories or 35 feet, whichever
is less.
(k)
Maximum floor area ratio: 0.75:1.
(2)
Accessory
buildings. Accessory buildings shall conform to at least the same
height and setback requirements as the principal building. Accessory
buildings are not permitted in the required front yard.
A.
Purpose. The purpose of the B-4 Zone is to provide regional shopping
facilities which offer multiple retail commercial, department stores
as anchor stores, office and service operations in an area with convenience
major highway access. It is intended that the area be developed in
accordance with an overall plan coordinating the architectural features,
landscaping, drainage, shared parking, types of uses, controlled access
points and similar standards and aesthetic features so that the final
product will be a self-contained shopping center.
B.
Green Buildings. All buildings are encouraged to be LEED-qualified
building and employ green technologies, energy saving construction
and utility techniques.
C.
Permitted Uses. The only use permitted within this district shall
be a regional shopping center, which shall be an integrated development
of retail stores and shops, containing at least one major department
store. It may also include personal, professional and business offices,
a bank, a post office, a bus station, restaurants and theaters or
auditoriums housed in enclosed buildings. Among the uses and activities
permitted as a matter of right within a planned commercial development
shall be the following:
(1)
Principal uses. Principal uses are as follows:
Architectural and drafting supply sales and instruction
|
Art galleries or museums
|
Art schools
|
Art supply stores
|
Audiovisual equipment and supplies
|
Auto supplies, parts and accessories
|
Bakeries
|
Banks and other financial institutions
|
Barbershops
|
Beauty shops
|
Blueprinting and photocopying
|
Bookstores
|
Business schools
|
Butcher shops or meat markets (no slaughtering permitted)
|
Cafeterias
|
Candy and confectionery stores
|
Carpet, rug and floor covering stores
|
Ceramic equipment and supply sales
|
Cleaner or laundry pickup
|
Clothes-pressing establishments
|
Clothing or clothing accessory stores
|
Clothing or costume rentals
|
Cocktail lounges
|
Cosmetic shops
|
Curtain and drapery shops
|
Dance schools
|
Delicatessens
|
Department stores
|
Drive-in, drive-through, fast-food and take-out restaurants
|
Drugstores or pharmacies
|
Dry-goods or fabric sales
|
Eating and drinking establishments (non-drive-in)
|
Florist shops
|
Food stores
|
Furniture or home furnishings
|
Gift, souvenir or card shops
|
Greeting card shops
|
Groceries
|
Haberdashers
|
Hairdressers
|
Hardware stores
|
Hobby shops or sporting goods stores
|
Household appliance sales and repairs
|
Ice cream stores
|
Interior decorating establishments
|
Jewelry shops
|
Junior department stores
|
Laundries, self-service
|
Leather goods or luggage stores
|
Libraries
|
Locksmiths
|
Luncheonettes
|
Mail-order houses
|
Medical and dental laboratory equipment and supplies
|
Medical offices and outpatient clinic
|
Men's clothing and accessories
|
Music schools
|
Music stores
|
Newsstands
|
Nightclubs or dance clubs
|
Office equipment and supplies
|
Office fixtures and furnishings sales
|
Office services
|
Offices, business and professional
|
Offices, general
|
Offices, municipal
|
Optometrists
|
Package liquor stores
|
Paint stores
|
Parking structures
|
Pet shops
|
Photographic equipment sales
|
Photographic studios
|
Physical culture or health establishments
|
Post offices
|
Printing, custom
|
Public offices and facilities
|
Record shops
|
Restaurants
|
Retail stores, large format
|
Safe depositories
|
Sewing machine stores
|
Shoe or hat repair shops
|
Shoe-shine parlors
|
Shoe stores, children or adult
|
Snack bars
|
Sporting goods
|
Stamp or coin stores
|
Stamp redemption centers
|
Stationery stores
|
Supermarkets
|
Tailor dressmaking shops
|
Taxicab dispatch offices
|
Telephone, radio and phonograph sales and services
|
Tobacco shops
|
Toy stores
|
Travel agencies
|
Umbrella shops
|
Variety shops
|
Wallpaper stores
|
Women's clothing and accessories
|
(2)
Accessory buildings and uses. Any use not specifically listed in
Subsection B(1) and (3) but which is substantially similar in purpose,
function, character and effect to any one of the uses listed, or can
reasonably be considered accessory thereto, shall be permitted in
a regional shopping center upon approval of the municipal agency.
(3)
Conditional uses. The following uses are permitted, subject to municipal
agency approval and the special conditions of this article:
(4)
Other facilities. The following facilities or amenities as described
below shall be provided:
(a)
All-weather enclosed mall: a permanently covered area between
buildings which is air conditioned and heated for year-round use.
(b)
Exhibition and special events area: an area devoted to civic
or public functions, such as art shows, charity bazaars, 4-H exhibits,
etc.
(c)
Fountains and sculptures: aesthetic features incorporated into
garden or play areas as focal points or as freestanding points of
interest anywhere in the project area accessible to the general public.
(d)
Plazas or gardens: landscaped area other than mall areas, designed
for aesthetic value and pedestrian comfort.
(e)
Rest rooms: public rest room facilities directly from the all-weather
enclosed mall.
C .
Development Standards. The B-4 Business Zone specified herewith
shall be occupied only as follows and in accordance with the Schedule
of Bulk Requirements included in 150 Appendix 1 at the end of this
chapter:
(1)
Principal buildings.
(a)
Minimum lot size: 90 acres.
(b)
Minimum lot frontage: 1,500 feet.
(c)
Minimum lot depth: 2,000 feet.
(d)
Maximum lot coverage: 30%. Any building or portions thereof
which shall be devoted substantially to providing covered or enclosed
pedestrian malls, courts, walkways, rest areas or other similar amenities
and any structures or buildings or unenclosed areas devoted to parking
shall be excluded from the aforesaid thirty-percent limitation upon
land coverage.
(e)
Minimum gross floor area: 300,000 square feet.
(f)
Maximum building height: 65 feet.
(g)
Setback provisions. All buildings or structures shall be set
back a distance equal to at least:
[1]
Twice the height of the subject structure but not less than
50 feet from a residential zone boundary.
[2]
One and one-half times the height of the structure, but not
less than 50 feet from any public street or right-of-way.
[3]
The height of the subject structure, but not less than 50 feet
from all property lines abutting the planned commercial development.
(h)
Maximum floor area ratio: 0.50:1.
A.
Purpose. The purpose of the M-1 Light Industrial Zone is to provide
for the development of light industrial land uses in the Township;
to provide places of employment; to provide for a compatible land
use relationship; to restrict the emission of any environmental pollutants;
and to provide for the safe and efficient flow of vehicles to and
from industrial areas.
B.
Green Buildings. All buildings are encouraged to be LEED-qualified
building and employ green technologies, energy saving construction
and utility techniques.
C.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes:
(1)
Manufacturing and assembly of light machinery, such as the following:
carburetors and small machine parts; cash registers; sewing machines;
and typewriters, calculators and other office machines.
(2)
Fabrication and assembly of metal products, such as the following:
baby carriages, bicycles and other light vehicles; metal foil, aluminum,
gold and the like; metal furniture; musical instruments; sheet metal
products; and toys.
(3)
Fabrication of paper products, such as the following: bags; books,
bookbinding; boxes and packaging materials; office supplies; and toys.
(4)
Fabrication of wood products, such as the following: boats; boxes;
cabinets and woodworking; furniture; and toys.
(5)
Fabrication of concrete and plastic products.
(6)
Food and associated industries comprising any of the following: bakeries;
bottling of food and beverages; food and cereal mixing and milling;
food processing; food sundry manufacturing and distribution.
(7)
Television and radio studios and antennas.
(8)
Other permissible industrial uses comprising any of the following:
brush and broom manufacturing; electronic products; glass and glass
products, including soluble glass and derivative products; jewelry
manufacturing, including polishing; laundering and cleaning establishments;
leather goods manufacturing, except curing, tanning and finishing
of hides; and sporting goods manufacturing.
(9)
Warehouses, wholesale sales, storage and distribution.
(10)
Newspaper and publishing plants.
(11)
In addition to the above, any industry not inconsistent with
the above that is totally similar in purpose, function, character
and effort.
(12)
General office buildings.
(13)
Accessory buildings and uses, including:
(a)
Private garage space for the storage of vehicles operated exclusively
as part of a permitted use.
(b)
Signs, subject to the provisions of this article.
(c)
Fences and hedges, subject to the provisions of this article.
(d)
Buildings for tools and equipment used for maintenance of grounds.
(e)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(f)
Offices of an administrative nature when connected to the principal
use.
(14)
Nightclubs or dance clubs.
(15)
Retail warehouse outlets.
(16)
Conditional uses. The following uses are permitted, subject
to approval by the municipal agency and the special conditions of
this article.
(a)
Lumberyards and building material sales.
(b)
Construction contractors.
(c)
Automotive repair garages.
(d)
Public utility installations.
[1]
Cellular communications towers. Cellular communications towers
are subject to the conditions established in this article.
(e)
Government and public buildings and services necessary to the
health, safety, convenience and general welfare of the inhabitants,
including volunteer fire companies and first-aid squads.
(f)
Sexually oriented businesses.
(17)
Within areas zoned M-1/SR only, salvage/recycling. The purpose
of the M-1/SR salvage/recycling designation is to recognize areas
of existing salvage/recycling operations, yet to provide for their
aesthetic improvement and eventual conversion to other light industrial
uses.
C .
Development Standards. The M-1 Light Industrial Zone specified
herewith shall be occupied only as indicated in the Schedule of Bulk
Requirements included in 150 Appendix 1 at the end of this chapter
and as follows:
(1)
Principal buildings.
(a)
Minimum lot size: one acre.
(b)
Minimum lot width: 150 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard setback (measured from the future street
right-of-way): 60 feet, except for salvage/recycling operations in
the SR subzone, which may be set back 50 feet.
(e)
Minimum rear yard setback: 60 feet. Where an industrial zone
abuts a lot in a residential zone, a rear yard of 100 feet shall be
required.
(f)
Minimum each side yard setback: 30 feet. Where an industrial
zone abuts a lot in a residential zone, a side yard of 100 feet shall
be required.
(g)
Side and rear yard setbacks may be reduced as follows:
(h)
Maximum lot coverage: 45%.
(i)
Minimum gross floor area: 8,000 square feet.
(j)
Maximum building height: 50 feet, except for salvage/recycling
operations in the SR subzone, which may not exceed 35 feet.
(k)
Maximum distance between buildings: More than one principal
building on a lot shall provide a minimum open unoccupied area between
buildings equal to the height of the adjoining building or buildings,
but not less than 15 feet.
(l)
Maximum floor area ratio: 1.50:1.
(2)
Accessory buildings. Accessory buildings shall be set back one
foot for each one foot of building height, but not less than 30 feet
from a property line, except where the yard abuts a residential zone,
where the accessory building shall meet all the setback requirements
of a principal building. Accessory buildings are not permitted in
the required front yard.
(3)
All accessory structures shall not exceed the height requirements
applicable to the principal structure.
D.
Other Provisions and Requirements.
(1)
Off-street parking and loading is required subject to the special
conditions in this article.
(2)
Landscaping is required subject to the special conditions as specified
in this article.
(3)
Industrial uses shall be subject to the performance standards of
this article.
(4)
No property in a residential zone shall be used as a driveway or
parking lot to serve an industrial use.
(5)
Storage of materials, raw or finished, shall be confined to within
a wholly enclosed building or shall be enclosed by a fence and visually
screened from public view. The height of stockpiled materials shall
be limited to the height of the fence, and screening and shall be
limited to 15 feet. Fences exceeding eight feet in height shall be
set back from any lot line a distance equal to the height of the fence.
Salvage/recycling operations in the SR subzone shall be required to
maintain a seven-foot wide planted buffer between any outdoor storage
area and any boundary adjacent to a residential use or zone.
A.
Purpose. The purpose of the Heavy Industrial Zone is to provide for
the expansion and development of heavy industrial land uses in the
Township; to provide places of employment; to provide for a compatible
land use relationship; to restrict the emission of any environmental
pollutants; and to provide for the safe and efficient flow of vehicles
to and from heavy industrial areas.
B.
Green Buildings. All buildings are encouraged to be LEED-qualified
building and employ green technologies, energy saving construction
and utility techniques.
C.
Permitted Uses. A building may be erected, altered or used and on
a lot or premises may be occupied for any of the following purposes:
(1)
Principal uses.
(a)
Manufacturing of light or heavy machinery.
(b)
Manufacturing of food products.
(c)
Manufacturing of spirituous liquors.
(d)
Manufacturing of concrete or plastic products.
(e)
Laboratories, including manufacturing, but not clinics, comprising
any of the following: biological, chemical, dental, pharmaceutical
and general research.
(f)
Petroleum refining, oil storage for wholesale purposes or accessory
to a plant for the refining of crude oil or the manufacture of petroleum
products, including pipelines for the transportation of oil and refined
products accessory to such storage, refining or manufacturing uses.
(g)
Railroad classification, freight or storage yards, railroad
shops and all appurtenances thereto.
(h)
Chemical manufacture not involving noxious odors or danger from
fire or explosives.
(i)
Concrete central mixing and proportioning plants.
(j)
Electricity production plants.
(k)
Manufacturing of metal and metal products, processing, fabrication
and assembly.
(l)
Manufacturing of rubber products, including tires and tubes
and tire recapping.
(m)
Manufacturing of wood and lumber products and bulk processing,
including sawmills, planing mills and wood-preserving treatment.
(n)
Warehouses, wholesale sales, storage and distribution.
(o)
In addition to the above, any industry not inconsistent with
the above that is totally similar in purpose, function, character
and effort.
(p)
Nightclubs or dance clubs.
(2)
Accessory buildings and uses.
(a)
Private garage space for the storage of vehicles operated exclusively
as part of a permitted use.
(b)
Signs, subject to the provisions of this article.
(c)
Fences and hedges, subject to the provisions of this article.
(d)
Buildings for tools and equipment used for maintenance of grounds.
(e)
Offices of an administrative nature when connected to the principal
use.
(f)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted, subject to approval
of the municipal agency and the special conditions of this article:
(a)
Lumberyards and building material sales.
(b)
Construction contractors.
(c)
Sexually oriented businesses, adult bookstores, adult motion-picture
theaters, artist's body painting studios, cabarets, massage shops,
modeling studios and tattoo shops.
[1]
Such a use shall not be located within 1,000 feet of a place
of worship, school, public use or residential zone or within 500 feet
of another such use. All distances shall be measured in a straight
line from the outer boundary of such properties.
(d)
Automotive repair garages.
(e)
Public utility installations.
[1]
Cellular communications towers. Cellular communications towers
are subject to the conditions established in this article.
(f)
Truck terminals.
(g)
Government and public buildings and services necessary to the
health, safety, convenience and general welfare of the inhabitants,
including volunteer fire companies and first-aid squads.
(h)
Sexually oriented businesses.
D.
Development Standards. The M-2 Heavy Industrial Zone specified herewith
shall be occupied only as indicated in the Schedule of Bulk Requirements
included in 150 Appendix 1 at the end of this chapter and as follows:
(1)
Principal buildings.
(a)
Minimum lot size: two acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 300 feet.
(d)
Minimum front yard setback (measured from the future street
right-of-way): 50 feet.
(e)
Minimum rear yard setback: 40 feet. Where an industrial zone
abuts a lot in a residential zone, a rear yard of 100 feet shall be
required.
(f)
Minimum each side yard setback: 30 feet. Where an industrial
zone abuts a lot in a residential zone, a side yard of 100 feet shall
be required.
(g)
No side or rear yard shall be required where the boundary lines
of the side or rear lot line is a railroad right-of-way providing
direct access to that property.
(h)
Maximum lot coverage: 45%.
(i)
Minimum gross floor area: 16,000 square feet.
(j)
Maximum building height: 50 feet.
(k)
Maximum distance between buildings: More than one principal
building on a lot shall provide a minimum open unoccupied area between
buildings equal to the mean height of the adjoining building or buildings,
but not less than 15 feet.
(l)
Maximum floor area ratio: 0.90:1.
(2)
Accessory buildings. Accessory buildings shall be set back one foot
for each one foot of building height, but not less than 30 feet from
a property line, except where the yard abuts a residential zone, where
the accessory building will meet all the setback requirements of a
principal building.
(3)
All accessory structures shall not exceed the height requirements
applicable to the principal structure.
E.
Other Provisions and Requirements.
(1)
Off-street parking and loading is required subject to the special
conditions in this article.
(2)
Landscaping is required subject to the special conditions of this
article.
(3)
Industrial uses shall be subject to the performance standards of
this article.
(4)
No property in a residential zone shall be used as a driveway or
parking lot to serve an industrial use.
(5)
No outside storage of materials, raw or finished, shall be stored
in any yard or open area unless it is screened from public view by
a solid architectural fence.
A.
Purpose. The purpose of the OR Office-Research Zone is to provide
for the development of large nonindustrial job-producing uses in the
Township; to provide for a compatible land use relationship; to restrict
the emission of any environmental pollutants; and to provide for the
safe and efficient flow of vehicles to and from the office research
areas.
B.
Green Buildings. All buildings are encouraged to be LEED-qualified
building and employ green technologies, energy saving construction
and utility techniques.
C.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for single or multiple tenancies
for any of the following purposes:
(1)
Principal uses.
(a)
Office buildings for executive, administrative, business, educational
or professional purposes.
(b)
Buildings for activities of a nonmanufacturing nature of a business
or industry, such as but not limited to a home, regional or State
office of an insurance company; a home, regional or State office of
banking, security or financing organizations; national, regional or
state training schools for industrial organizations or other similar
nonmanufacturing uses.
(c)
Public buildings of a governmental or cultural nature, including
schools, run either for profit or not for profit.
(d)
Activities of a medical or scientific research laboratory or
engineering nature.
(e)
Data processing and computer operations.
(f)
In addition to the above, any office-research facility not inconsistent
with the above that is totally similar in purpose, function, character
and effort.
(g)
Hotel/conference centers.
(2)
Accessory buildings and uses, including:
(a)
Private garage space for the storage of vehicles operated exclusively
as part of a permitted use.
(b)
Signs, subject to the provisions of this article.
(c)
Fences and hedges, subject to the provisions of this article.
(d)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(e)
Commercial convenience uses within a hotel/conference center.
D.
Development Standards. The OR Office-Research Zone specified herewith
shall be occupied only as indicated in the Schedule of Bulk Requirements
included in 150 Appendix 1 at the end of this chapter and as follows:
(1)
Principal buildings.
(a)
Minimum lot size: 2 acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 300 feet.
(d)
Minimum front yard setback (measured from the future street
right-of-way): 50 feet.
(e)
Minimum rear yard setback: 40 feet. Where an OR Zone abuts a
lot in a residential zone, a rear yard of 100 feet shall be required.
(f)
Minimum each side yard setback: 30 feet. Where an OR Zone abuts
a lot in a residential zone, a side yard of 100 feet shall be required.
(g)
Maximum lot coverage: 25%.
(h)
Minimum gross floor area: 15,000 square feet.
(i)
Maximum building height: 10 stories.
(j)
Maximum distance between buildings: More than one principal
building on a lot shall provide a minimum open unoccupied area between
buildings equal to the height of the adjoining building or buildings,
but not less than 15 feet.
(k)
Maximum floor area ratio: 1.50:1.
(2)
Accessory buildings. Accessory buildings shall be set back one foot
for each one foot of building height, but not less than 30 feet from
a property line, except where the yard abuts a residential zone, where
the building shall meet all the setback requirements of a principal
building. Accessory buildings are not permitted in the required front
yard.
E.
Other Provisions and Requirements.
(1)
Off-street parking and loading is required subject to the special
conditions of this article.
(2)
Landscaping is required subject to the special conditions of this
article.
(3)
No property in a residential zone shall be used as a driveway or
parking lot to serve an office research use.
(4)
No outside storage of materials, raw or finished, shall be stored
in any yard or open area, unless it is screened from public view by
a solid architectural fence.
A.
Purpose. The purpose of the C-1 Cemetery Zone is to provide for and
protect the character of the existing cemeteries throughout the Township.
The provisions and regulations set forth herein are to maintain existing
cemeteries and control future development.
B.
Permitted Uses. A building may be erected, altered or used and a
parcel of land may be used for any of the following purposes:
(2)
Accessory uses.
(a)
Uses and structures customarily incidental to the principal
permitted use including, but not limited to, mausoleums, columbaria,
mortuary facilities and chapel facilities.
(b)
Off-street parking, subject to the parking requirements of this
ordinance.
(c)
Fencing and walls subject to the fencing requirements of this
ordinance.
(d)
Signs in accordance with the B-3 sign requirements of this ordinance.
D.
Grave Sites. Grave sites shall be located no closer than 40 feet
to a dwelling unit located on an adjacent property.
E.
Buffer Requirements. A landscaped buffer shall be provided along
all property lines that adjoin residentially zoned properties. The
buffer shall be 20 feet wide and consist of evergreen trees and other
such plantings that serve to provide adequate year round screening
of the cemetery from adjoining residential properties. The Board may
modify or waive the buffer screening requirement where topography,
tree growth or other natural or man-made features exist to provide
adequate year round screening or where the site configuration does
not allow for provision of such a buffer. Public access for walking
trails as part of the Woodbridge green belt should be encouraged.
[Amended 12-29-09 by Ord. No. 09-101]
A.
Purpose. The purpose of the OSC/PQP Public/Quasi-Public Zone is to
provide for and protect the character of the existing open spaces.
The provisions and regulations set forth herein encourage the future
conservation and protection of these areas by prohibiting further
development. Placed in this zone will be all public/quasi-public,
and other parcels that would be inherently suitable for this zone
based on their purpose.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied only as indicated in the Schedule
of Bulk Requirements included in 150 Appendix 1 at the end of this
chapter and as follows:
(1)
Principal uses.
(a)
Improved open space. Improved open space is intended to provide
sites for recreational facilities. Improved open space may include
but shall not be limited to landscaped lawn areas, golf courses, stormwater
detention and groundwater recharge areas, walkways, pedestrian bicycle
paths, paved terraces and sitting areas and recreational facilities
such as playfields, playground, tot lots, swimming pools, sports courts,
community centers, private clubs used for recreational purposes, educational
facilities, boat slips, boat launching and storage facilities and
docks but not repair facilities and any ancillary roadways or parking.
(b)
Unimproved open space. Unimproved open space is intended to
preserve lands in a natural state for recreation and conservation
purposes and shall include wetlands, woodlands, wildlife preserves,
man-made and natural bodies of water, scenic areas, hedgerows and
tree-lines and natural wooded areas. Improvements in unimproved open
space shall be limited to the following: woodland trails, footpaths,
jogging trails, bridle paths, bicycle paths and nature walks; nurseries
for the trees, shrubs, and other plants to be used in the development;
roads and ancillary parking for access to unimproved open space sites;
lighting; retaining walls; and other features necessary to protect
the land or people who will use the unimproved open space.
(c)
Government buildings and services which are related to the health,
safety, convenience, and personal welfare of the inhabitants.
(d)
Board of Education buildings and services which are related
to the provision of education, and which serves an educational need.
(2)
Accessory buildings and uses, including:
(a)
Shelters, storage buildings; and
(b)
Buildings for tools and equipment used for maintenance of the
grounds, not to exceed 150 square feet in area.
(c)
Swimming pools and tennis courts.
(d)
Observation stands.
(e)
Bleachers.
(f)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
C.
Development Standards. The OSC/PQP Open Space Conservation Zone and
Public/Quasi-Public Zone specified herewith shall be occupied as follows:
(1)
Improved open space.
(a)
Principal buildings.
[1]
Minimum lot size: 10,000 square feet.
[2]
Minimum lot width: 100 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front setback (measured from the future street right-of-way):
25 feet or prevailing.
[5]
Minimum each side setback: 10 feet.
[6]
Minimum both sides setback: 20 feet.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: N/A.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: 1 1/2 stories or
35 feet, whichever is less.
[11]
Maximum floor area ratio: 0.40:1.
(b)
Accessory building standards.
[1]
Accessory buildings not attached to a principal building shall
not exceed 15 feet in height and shall conform to at least the front
setback requirement of the principal building.
[2]
Those swimming pools less than four feet high shall be enclosed
by a permanent fence not less than four feet high with a locked gate.
Building permits shall be required for all swimming pools, above or
below ground, with a water surface area of 250 square feet or over
or as required by the Uniform Construction Code whichever is more
stringent.
[3]
Accessory buildings attached to a principal building shall comply
with the bulk standards of the principal building.
E.
When Public-Quasi-Public zoned property is sold or transferred to
an adjacent property owner, the Public-Quasi-Public zoning of the
property being sold or transferred shall become the same zoning as
the adjacent property of which the sold or transferred PQP-zoned property
is becoming a part.
[Added 10-29-13 by Ord. No. 13-48]
[Added 9-6-2016 by Ord. No. 2016-52; amended 3-7-2017 by Ord. No. 2017-32; 4-19-2022 by Ord. No. 2022-23]
A.
Purpose. The purpose of the OSC/R Open Space Conservation/Residency
Zone is to help minimize the number of residents within floodplains
in order to reduce the amount of flood damage sustained during future
flood events. The areas designated as within the OSC/R zone are located
within the Watson Crampton, South Roberts, and Saints Field neighborhood.
B.
Permitted Uses.
(1)
Unimproved Open Space. Unimproved open space is intended to
preserve lands in a natural state for recreation and conservation
purposes and shall include wetlands, woodlands, wildlife preserves,
manmade and natural bodies of water, scenic areas, hedgerows and tree-lines,
native floodplain species, and natural wooded areas. Improvements
in unimproved open space shall be limited to the following: woodland
trails, footpaths, jogging trails, bridle paths, bicycle paths, dog
parks, and nature walks; unimproved roads for access to unimproved
open space sites; lighting; retaining walls; and other features necessary
to protect the land or people and floodplain species who will use
the unimproved open space.
(2)
Existing Residential Structures. Existing residential structures
subject to their current zoning standards may remain. New construction
is not permitted.
C.
Design Standards.
(1)
The intent of the design standards is to promote the safety,
wellbeing, and general welfare of the residents that remain within
the OSC/R zone and to protect them from future flood events.
(2)
Building Design. Building design standards are triggered at any proposed demolition, addition, reconstruction or renovation. Reconstruction and/or renovation work that is limited to "ordinary maintenance" as set forth in Section 150-4 shall not trigger building design standards unless any proposed "ordinary maintenance" exceeds fifty (50%) percent of the value of the home, which shall be measured and tallied cumulatively. When the cumulative cost of said "ordinary maintenance", as tallied from the effective date of this section,[1] exceeds fifty (50%) percent of the market value of the
home (structure only, and as such, excluding the land from the assessment),
flood mitigation building design standards shall be required to be
implemented and no occupancy of the property will be permitted until
the property has been brought into compliance with all provisions
of this section. In the event building design standards are triggered
for any reason and the property owner fails to comply with all provisions
of this section, the property owner shall be charged with a violation
of this section and in accordance with Section 150-97(A)(l) of this
chapter, may be assessed a fine up to $2,000 per day. A separate offense
shall be deemed to be committed on each day during or on which the
violation occurs or continues. The following are design standards
relating to the existing residential structures.
(a)
Structures shall be compliant with the Townships' Municipal Flood Damage Prevention Ordinance, Chapter 22 of the Municipal Code, Code of Federal Regulations (CFR) for the National Flood Insurance Program: 44 CFR Parts 59, 60, 65, and 70; NJAC 7:13, ASCE-24-14, and NJAC 5:23.
(b)
All structures must be properly anchored to resist collapse,
flotation, and lateral movement.
(c)
Homes can be elevated on perimeter foundation walls, or on piles,
piers or columns.
(d)
Valves shall be placed on the building's sewerage line to prevent
backflow during storm events.
(e)
Flood vents are required for foundation walls in accordance
with paragraph C(2)(a).
(f)
Utilities including mechanical equipment such as generators,
HVAC systems, electrical, heating, air-conditioning equipment, plumbing,
etc. shall be located in compliance with paragraph C(2)(a).
(g)
Basements as defined in accordance with paragraph C(2)(a) are
not permitted. Enclosed areas below elevated structure (below lowest
floor) are permitted to be used only for parking, building access,
and storage in accordance with paragraph C(2)(a).
(h)
Flood damage-resistant construction materials shall be used
below the base flood elevation in accordance with paragraph C(2)(a).
[1]
Editor's Note: Ord. No. 2022-23 was adopted 4-19-2022.
(3)
Streets
(a)
Street arrangement.
[1]
Existing Roadways. Existing roadways that provide
access to remaining properties within the OSC/R zone shall remain
and be converted to 10 foot wide driveways with the exception of Crampton
Avenue in the Watson Crampton Neighborhood. Crampton Avenue in the
Watson Crampton neighborhood shall be reduced to an 18 foot wide cartway.
All other existing roadways shall be removed and the land allowed
to return to its natural state.
[2]
Driveways. Driveways do not require curbs, sidewalks
or parking lanes.
(4)
Landscaping. Vegetation shall be planted in accordance with
the recommendations made in the Flood Plain Restoration Plan prepared
by the Rutgers Cooperative Extension, dated January 29, 2016. As determined
in that Plan, vegetation shall be planted based on its habitat: Edge,
Floodplain Forest, Meadow, Saline Marsh, and Scrub/Shrub. The Plan
in incorporated by reference.
(5)
Buffer Requirement. A minimum 12-foot wide buffer is required
where the OSC/R zone abuts the adjacent residential zone. The buffer
is to be designed to provide a visual buffer to the residential zone
and shall be planted with soil-appropriate plants.
(6)
Registration Required. All properties in the OSC/R Zone shall be required to register annually, free of charge. Registration will include initial inspection, and re-inspection from time to time, as may be necessary. Failure to register within ninety (90) days of the adoption of this ordinance, and each year thereafter, by March 15th, shall constitute a violation in accordance with Section 150-97A(1) of this Article, carrying a fine of up to $2,000 a day. A separate offense shall be deemed to be committed on each day during or on which the violation occurs or continues.
[Added 12-21-1993 by Ord. No. 93-105]
A.
Purpose. The purpose of these provisions is to provide a range of
flexibility within which special land use situations and conditions
may be accommodated.
B.
Planned development option. As an alternative to conventional development,
the Planning Board may authorize planned developments for areas designated
PD on the Zoning Map in accordance with plans and proposals which
conform to the requirements of this section. The standards herein
establish the limits of discretionary action which may be taken by
the approving authority administering these provisions.
[Amended 10-6-1998 by Ord. No. 98-71]
(1)
Standards for type, density or intensity of use. Planned developments
may be approved by the Planning Board in conformity with the standards
governing the type and density or intensity of use set forth by this
subsection and those set forth for each PD-designated area.
(a)
The minimum tract size shall be five acres.
(b)
All residential development shall be designed as residential
clusters.
(c)
All lands remaining outside of public streets, building lots
and any other parcels approved for special purposes shall be set aside
as open space. The boundaries of any open space parcels shall be designed
to coincide with adjoining open space parcels, whether existing or
proposed, so as to extend and expand upon an overall open space network
for the Township.
(2)
Variations of standards. The type and density or intensity shall
be varied from that otherwise permitted within a planned development
in consideration of the amount, location and proposed use of common
open space; the location and physical characteristics of the site;
and the location, design and type of dwelling units and other uses
as set forth by this subsection.
(a)
Gross density/intensity shall be reduced in direct proportion
to the extent that the required improvable area of the tract is less
than the minimum established for each PD-designated area.
(b)
Gross density shall be reduced in direct proportion to the extent
that the site is to be developed for nonresidential uses, other than
open space, for each PD-designated area.
(3)
Deviations within planned developments. Within planned developments,
deviations in the standards for type, density or intensity of use
may be authorized by the Planning Board by designating areas to be
developed under different standards in accordance with the limitations
set forth by this subsection and those set forth for each PD-designated
area.
(a)
A land use map delineating and classifying areas for each variation
shall be established for all planned developments. Land use maps shall
be approved where the Planning Board finds the following requirements
to be satisfied:
[1]
The land use proposals are consistent with the policies articulated
in the adopted master plan as relates to land use, community facilities
and housing.
[2]
The open space proposals protect any special environmental features
by preserving land in an open undeveloped state, create suitable areas
for organized outdoor recreation and are consistent with the policies
articulated in the adopted master plan as relates to open space and
environmental features.
[3]
The circulation proposals provide for a closed traffic circulation
system, provide a pedestrian path network linking all parts of the
development and are consistent with the policies articulated in the
circulation element of the adopted master plan.
[4]
The utilities proposals are consistent with the policies articulated
in the adopted master plan as relates to stormwater management, utilities,
local services and fiscal impact on the county, municipality and special
districts, including the local school district.
[5]
The overall proposals are consistent, inasmuch as is reasonably
practicable, with other existing, planned or potential developments.
(b)
Classifications for land use areas shall correspond with the
optional zone classifications enumerated for each PD-designated area.
Substitute classifications may be approved by the Planning Board to
accommodate substitute bulk standards and shall be consistent with
this section as follows:
[1]
Substitute classifications shall provide for: the type, density
or intensity of use.
[2]
Substitute classifications shall provide uniform standards which
are of equal stringency for the type, density or intensity of use.
[3]
Substitute classifications shall provide standards which are
consistent with the limitations established for the PD-designated
area.
(4)
Bulk standards. The standards for the design, bulk and location of
buildings for planned developments shall be evaluated by the Planning
Board and approved where they are found to be in conformity with the
regulations set forth by this subsection and those set forth for each
PD-designated area.
(a)
The standards employed shall be those standards for the zones
which correspond to the land use classifications established for each
delineated land use area. The Planning Board may approve substitute
bulk standards as follows:
[1]
Substitute bulk standards shall provide for: minimum lot area,
width, and depth; minimum setbacks along streets and other lot lines;
maximum lot coverage; maximum floor area ratio; minimum improvable
tract area and general design standards for multifamily residential
development; exceptions for accessory buildings; and requirements
for parking, landscaping, lighting and other improvements.
[2]
Substitute bulk standards shall provide standards which are
of equal or greater stringency to the corresponding zones with respect
to minimum lot area; maximum building height, measured in feet and
stories; maximum floor area ratio; and minimum improvable tract area
for multifamily residential development.
[3]
The Planning Board shall notify the governing body and Tax Assessor,
by adopted resolution, within five days of approval, of the approval
of substitute bulk standards for any planned development.
(5)
Zoning. Changes in zoning effectuated through the planned development
approval shall be recorded on the Zoning Map.
(a)
Upon approval, the area comprising an approved planned development
shall be delineated along with the name and date of approval of the
proposed planned development on the Zoning Map.
(b)
The zoning standards shall be recorded through deed restrictions
upon final approval, and the Zoning Map shall be periodically amended
to reflect the completion of sections of a planned development.
(6)
Plans. Development shall be in conformity with site plans, subdivisions
and any general development plan as approved by the Planning Board.
C.
PD-9201 Planned Development Option: Iselin - South Hyde Avenue Area.
[Added 12-21-1993 by Ord.
No. 93-105]
(1)
Purpose. The purpose of the PD-9201 Planned Development Option is
to provide for the development of new affordable housing as an extension
of an existing multifamily area while protecting the character of
adjacent areas. The provisions and regulations set forth herein provide
for development, in accordance with a plan, of multiple structures
as a single entity with appurtenant open space.
(2)
Standards for type, density or intensity of use. Overall standards
for a planned development shall be as follows.
(a)
Principal, accessory and conditional land uses shall be limited
to the enumerated optional zones.
(b)
The plan shall provide for a tract area of not less than five
acres of land to be developed as a single entity.
(c)
Gross density/intensity shall be limited to the maximums stated
below, provided that the improvable area of the tract is 6.7 acres
and shall be reduced where said area is found to be less.
[1]
Gross residential density shall not exceed 10.0 dwelling units
per gross acre.
[2]
The plan shall provide that the Floor Area Ratio shall not exceed
0.33:1 for all buildings and structures as determined by the sum of
all building floors, including garages, divided by the gross tract
area.
[3]
The plan shall provide that the aggregate floor area of all
buildings, excluding garages, within the planned development shall
not exceed 0.270 square feet of floor area per square feet of gross
tract area.
(3)
Deviations within planned developments. Within a planned development,
areas may be delineated and classified for development on the land
use map in accordance with the following standards:
(a)
Any combination of the optional zones enumerated, provided that
optional zones shall be mapped so that buildings shall be limited
to 2 1/2 stories and 35 feet in height within 100 feet of the
tract boundary adjoining single-family lots fronting on Aberdeen Avenue
or South Hyde Avenue.
(b)
The optional zones which may be mapped shall be as follows:
R-7.5
|
Single-Family Residential
|
R-6
|
Single-Family Residential
|
R-5
|
Single-Family Residential
|
MF-2/B
|
Multifamily Residential
|
OSC/PQP
|
Open Space Conservation/Public/Quasi-Public
|
(4)
Bulk standards. The standards for the design, bulk and location of
buildings shall be in accordance with the bulk standards for the optional
zones delineated and classified for development on the land use map
for the planned development. Additional requirements shall be as follows:
(a)
Vehicular and pedestrian access ways for multifamily development
shall not be located within single-family districts.
(b)
Buffers not less than 50 feet in width shall separate multifamily
development from single-family properties.
(c)
The existing street system shall be replanned to accommodate
proposed development with no dead-end streets less than 140 feet in
length and turnaround areas to be provided for any dead-end street
greater than 180 feet in length.
D.
PD-9202 Planned Development Option: Colonia - Lincoln Highway Area.
(1)
Purpose. The purpose of the PD-9202 Planned Development Option is
to provide for the development of new affordable housing along the
Lincoln Highway while protecting the character of adjacent areas.
The provisions and regulations set forth herein provide for development,
in accordance with a plan, of multiple structures as a single entity
with appurtenant open space.
(2)
Standards for type, density or intensity of use. Overall standards
for a planned development shall be as follows:
(a)
Principal, accessory and conditional land uses shall be limited
to the enumerated optional zones.
(b)
The plan shall provide for a tract area of not less than five
acres of land to be developed as a single entity.
(c)
Gross density/intensity shall be limited to the maximums stated
below, provided that the improvable area of the tract is 4.4 acres
and shall be reduced where said area is found to be less.
[1]
Gross residential density shall not exceed 4.8 dwelling units
per gross acre.
[2]
The plan shall provide that the Floor Area Ratio shall not exceed
0.30:1 for all buildings and structures as determined by the sum of
all building floors, including garages, divided by the gross tract
area.
[3]
The plan shall provide that the aggregate floor area of all
buildings, excluding garages, within the planned development shall
not exceed two hundred forty thousandths (0.240) square feet of floor
area per square feet of gross tract area.
(3)
Deviations within planned developments. Within a planned development,
areas may be delineated and classified for development on the land
use map in accordance with the following standards:
(4)
Bulk standards. The standards for the design, bulk and location of
buildings shall be in accordance with the bulk standards for the optional
zones delineated and classified for development on the land use map
for the planned development. Additional requirements shall be as follows:
(a)
A buffer not less than 50 feet in width shall separate multifamily
development from R-10 single-family development.
E.
(Reserved)
[12-6-2005 by Ord. No. 05-87]
F.
PD-9204 Planned Development Option: Avenel - Homestead Avenue Area.
(1)
Purpose. The purpose of the PD-9204 Planned Development Option is
to provide for the development of new affordable housing and industry
while protecting the character of adjacent areas. The provisions and
regulations set forth herein provide for development, in accordance
with a plan, of multiple structures as a single entity with appurtenant
open space. The Planned Development Option will permit the construction
of new residential dwelling units and takes into account the existing
residential development within the Avenel - Homestead Avenue Area.
The option will permit new dwelling units to be constructed that will
increase the residential development within the Avenel - Homestead
Avenue Area in order to provide affordable housing.
[Amended 7-7-2009 by Ord.
No. 09-51]
(2)
Standards for type, density or intensity of use. Overall standards
for a planned development shall be as follows:
(a)
Principal, accessory and conditional land uses shall be limited
to the enumerated optional zones.
(b)
The plan shall provide for a tract area of not less than 40
acres of land to be developed as a single entity.
(c)
Gross density/intensity shall be limited to the maximums stated
below, provided that the improvable area of the tract is 13.0 acres
and shall be reduced where said area is found to be less.
[Amended 7-7-2009 by Ord.
No. 09-51]
[1]
A maximum of 100 new dwelling units will be permitted to be
constructed as part of the Planned Development Option for the Avenel
- Homestead Avenue Area. The new residential dwelling units will be
in addition to the existing residential dwelling units within the
Avenel -Homestead Avenue Area. Not more than a combined total of 259
new and existing residential dwelling units will be permitted. The
residential density may vary within the tract, but within any area
for the placement and construction of the residential dwelling units,
and their related improvements and structures, the density shall not
exceed 25 dwelling units per acre.
[2]
The plan shall provide that the floor area ratio shall not exceed
0.20:1 for all buildings and structures, as determined by the sum
of all building floors, including garages, divided by the gross tract
area.
[3]
The plan shall provide that the aggregate floor area of all
buildings, excluding garages, within the planned development shall
not exceed 0.17 square feet of floor area per square foot of gross
tract area.
(d)
The plan shall provide for affordable housing as indicated below.
[Added 7-7-2009 by Ord.
No. 09-51]
[1]
Any proposed development of five or more new residential dwelling
units shall provide that not less than 17.14% of the new dwelling
units shall be constructed as affordable dwelling units that are subject
to controls on affordability and occupancy in accordance with the
rules and regulations of the New Jersey Council on Affordable Housing
(COAH).
[2]
The developer shall not be required to construct more than 20%
of the new units as affordable units. At least 10% of the affordable
units shall be affordable to households earning 30% or less of the
area median income for the COAH housing region.
[3]
The developer shall construct the affordable units on site as
either sale, or as rental units, with the market-rate units of the
residential development. The construction of the units as rental units
shall be at the option of the developer.
[4]
The construction of the affordable units on site shall comply
with all applicable COAH regulations including, but not limited to,
the provisions of N.J.A.C. 5:97-6.4 for the phasing of the construction
of the affordable units, the integration of the affordable units with
the market-rate units, the utilization of the same heating source
as market-rate units, access to the same community amenities as the
market-rate units and subsidized in whole by association fees, and
accessible and adaptable units.
[5]
The affordable units shall comply with the provisions of N.J.A.C.
5:97-9 governing the administration of affordable units.
[6]
Alternatively, the developer may make a payment in lieu of constructing
affordable units on site, provided the total payment in lieu is for
not less than 17.14 affordable dwelling units. The amount of the payment
in lieu of constructing affordable units on site shall be $145,903
for each affordable unit, which amount is the subsidy required/payment
in lieu amount as initially determined by COAH pursuant to N.J.A.C.
5:97-6.4(c)3 for COAH Region 3. Exercising the option of making the
payment in lieu of constructing the affordable units on site shall
be at the developer's discretion.
(3)
Deviations within planned developments. Within a planned development,
areas may be delineated and classified for development on the land
use map in accordance with the following standards:
(a)
Any combination of the optional zones enumerated.
(b)
The optional zones which may be mapped shall be as follows:
R-7.5
|
Single-Family Residential
|
R-6
|
Single-Family Residential
|
R-5
|
Single-Family Residential
|
MF-2/A
|
Multifamily Residential
|
MF-2/B
|
Multifamily Residential
|
MF-2/C
|
Multifamily Residential
|
MF-3/C
|
Multifamily Residential
|
M-1
|
Light Industrial
|
OSC/PQP
|
Open Space Conservation/Public/Quasi-Public
|
(4)
Bulk standards. The standards for the design, bulk and location of
buildings shall be in accordance with the bulk standards for the optional
zones delineated and classified for development on the land use map
for the planned development. Additional requirements shall be as follows:
(a)
Vehicular and pedestrian access ways for multifamily development
shall not be located within single-family districts.
(b)
A buffer not less than 50 feet in width shall separate multifamily
development from single-family development.
(c)
A buffer not less than 50 feet in width shall separate industrial
development from residential development.
(d)
Adequate noise barriers shall be provided to mitigate industrial
and on-site truck noise impacts on interior and exterior residential
areas.
(e)
Buildings shall be limited to 2 1/2 stories and 35 feet
in height within 100 feet of single-family lots adjoining tract boundaries.
(f)
The existing street system shall be replanned to accommodate
proposed development with no dead-end streets less than 140 feet in
length and turnaround areas to be provided for any dead-end street
greater than 180 feet in length.
G.
PD-9205 Planned Development Option: Avenel - Lovell Avenue Area.
(1)
Purpose. The purpose of the PD-9205 Planned Development Option is
to provide for the development of new affordable housing and industry
while protecting the character of adjacent areas. The provisions and
regulations set forth herein provide for development, in accordance
with a plan, of multiple structures as a single entity with appurtenant
open space.
(2)
Standards for type, density or intensity of use. Overall standards
for a planned development shall be as follows:
(a)
Principal, accessory and conditional land uses shall be limited
to the enumerated optional zones.
(b)
The plan shall provide for a tract area of not less than 40
acres of land to be developed as a single entity.
(c)
Gross density/intensity shall be limited to the maximums stated
below, provided that the improvable area of the tract is 14.5 acres
and shall be reduced where said area is found to be less.
[1]
Gross residential density shall not exceed 4.6 dwelling units
per gross acre.
[2]
The plan shall provide that the Floor Area Ratio shall not exceed
0.11:1 for all buildings and structures, as determined by the sum
of all building floors, including garages, divided by the gross tract
area.
[3]
The plan shall provide that the aggregate floor area of all
buildings, excluding garages, within the planned development shall
not exceed ninety-thousandths (0.090) square feet of floor area per
square feet of gross tract area.
(3)
Deviations within planned developments. Within a planned development,
areas may be delineated and classified for development on the land
use map in accordance with the following standards:
(a)
Any combination of the optional zones enumerated.
(b)
The optional zones which may be mapped shall be as follows:
R-7.5
|
Single-Family Residential
|
R-6
|
Single-Family Residential
|
R-5
|
Single-Family Residential
|
MF-2/A
|
Multifamily Residential
|
MF-2/B
|
Multifamily Residential
|
MF-2/C
|
Multifamily Residential
|
MF-3/C
|
Multifamily Residential
|
M-1
|
Light Industrial
|
OSC/PQP
|
Open Space Conservation/Public/Quasi-Public
|
(4)
Bulk standards. The standards for the design, bulk and location of
buildings shall be in accordance with the bulk standards for the optional
zones delineated and classified for development on the land use map
for the planned development. Additional requirements shall be as follows:
(a)
Vehicular and pedestrian access ways for multifamily development
shall not be located within single-family districts.
(b)
A buffer not less than 50 feet in width shall separate multifamily
development from single-family development.
(c)
A buffer not less than 50 feet in width shall separate industrial
development from residential development.
(d)
Adequate noise barriers shall be provided to mitigate industrial
and on-site truck noise impacts on interior and exterior residential
areas.
(e)
Buildings shall be limited to 2 1/2 stories and 35 feet
in height within 100 feet of single family lots adjoining tract boundaries.
(f)
The existing street system shall be replanned to accommodate
proposed development with no dead-end streets less than 140 feet in
length and turnaround areas to be provided for any dead-end street
greater than 180 feet in length.
H.
PD-9206 Planned Development Option: Port Reading - Arthur Kill Area.
(1)
Purpose. The purpose of the PD-9206 Planned Development Option is
to provide for the development of heavy industry along the waterfront
while protecting the character of adjacent areas. The provisions and
regulations set forth herein provide for development, in accordance
with a plan, of multiple heavy industrial structures as a single entity
with appurtenant open space.
(2)
Standards for type, density or intensity of use. Overall standards
for a planned development shall be as follows:
(a)
Principal, accessory and conditional land uses shall be limited
to the enumerated optional zones.
(b)
The plan shall provide for a tract area of not less than 90
acres of land to be developed as a single entity.
(c)
Gross density/intensity shall be limited to the maximums stated
below provided that the improvable area of the tract is 50.0 acres
and shall be reduced where said area is found to be less.
[1]
The plan shall provide that the floor area ratio shall not exceed
0.50:1 for all buildings and structures, as determined by the sum
of all building floors, including garages, divided by the gross tract
area.
[2]
The plan shall provide that the aggregate floor area of all
buildings, excluding garages, within the planned development shall
not exceed 0.500 square feet of floor area per square foot of gross
tract area.
(3)
Deviations within planned developments. Within a planned development,
areas may be delineated and classified for development on the land
use map in accordance with the following standards:
(4)
Bulk standards. The standards for the design, bulk and location of
buildings shall be in accordance with the bulk standards for the optional
zones delineated and classified for development on the land use map
for the planned development. Additional requirements shall be as follows:
I.
PUDO Planned Unit Development Option.
[Added 8-5-1980 by Ord.
No. 80-37]
(1)
Purpose. The purpose of the planned unit development option is to
allow mixed use development within transitional areas where one use
may not be appropriate for a given parcel of land in light of surrounding
uses and influences. It is intended that the mixed land uses be developed
in accordance with a comprehensive overall plan, coordinating the
architectural features, landscaping, drainage, parking, types of uses,
access and similar standards and features, pursuant to a coordinated
design, compatible with uses and development in surrounding areas.
(2)
Permitted uses. Uses permitted under this planned development option
shall be a planned unit development, which shall be a planned unit
development, which shall be deemed to be a coordinated design containing
a combination of the following uses. Neither the property nor uses
within a planned unit development need be in common ownership as long
as the entire development is submitted for approval under a comprehensive
overall plan in accordance with the standards of this article.
(a)
Principal uses. Principal uses are as follows:
[1]
Office buildings and research uses in accordance with the standards of § 150-39C of this article.
[2]
Hotels, motels or inns consisting of a building or complex of
buildings containing rooms for lodging and which may also provide
personal services incidental thereto, including meals and entertainment,
shops and other accessory commercial activities. No more than 15%
of the rooms or suites shall have kitchen facilities.
(b)
Accessory buildings and uses. Any use not specifically listed
above but which is substantially similar in purpose, function, character
and effect to any of the uses listed or which can reasonably be considered
accessory thereto shall be permitted, including accessory shops, boutiques
and service facilities.
(3)
Development standards. The following standards shall apply to development under the planned unit development option. Multifamily residential uses, however, shall also comply with the standards set forth in § 150-31 of this article.
(a)
Property and building standards.
[1]
Minimum lot area: 25 acres.
[2]
Minimum parcel frontage: 450 feet.
[3]
Minimum parcel depth: 600 feet.
[4]
Maximum parcel coverage: 20%.
[5]
Maximum building height: 130 feet.
[6]
In no case shall more than sixty-six and two-thirds percent
(66 2/3%) of the area of the planned unit development be utilized
for either the multifamily residential uses described above or the
commercial and office-research uses described above.
[7]
Maximum floor area ratio: 2.60:1 for office and commercial uses;
0.80:1 for multifamily dwellings.
[Added 9-4-1984 by Ord.
No. 84-55]
(b)
Setback provisions for planned unit development design. All
buildings and structures shall be set back a distance equal to at
least 1/2 the height of the subject building or structure, but not
less than the following distances:
(c)
Minimum distance between buildings.
[1]
There shall be a minimum distance of 25 feet between nonresidential
buildings. Canopies, covered or enclosed walkways or similar connecting
or access structures may be located within said 25 feet.
[2]
There shall be a minimum distance of 100 feet between residential
and nonresidential buildings.
(d)
Other provisions and requirements.
J.
Planned Development/Redevelopment: Tract I - Crossroads Redevelopment
Plan, Main Street and Woodbridge Center Drive, Woodbridge.
[Added 5-12-1998 by Ord.
No. 98-44]
(1)
Purpose. The purpose of the Tract I: Crossroads Redevelopment Area
is to ensure the guided redevelopment of the forty-five-acre parcel
located at the intersection of Main Street and Woodbridge Center Drive
as designed by the "Crossroads Preliminary Investigation" designed
and adopted April 27, 1998.
(2)
The purpose, provisions, bulk standards and redevelopment regulations
are provided as set forth in the "Crossroads Redevelopment Plan: Tract
I" as adopted on April 27, 1998, and are included herein by reference.
K.
Planned Development/Redevelopment: Tract II - Crossroads Redevelopment
Plan, Main Street, Woodbridge.
[Added 5-12-1998 by Ord.
No. 98.44]
(1)
Purpose. The purpose of Tract II: Crossroads Redevelopment Area is
to ensure the guided redevelopment of the fifteen-acre tract as designated
by the "Crossroads Redevelopment" area designed and adopted in July
1982.
(2)
The purpose, provisions, bulk standards and redevelopment regulations
are provided as set forth in the "Crossroads Redevelopment Plan: Tract
II" as adopted on April 27, 1998, and are included herein by reference.
A.
Purpose. The purpose of the MW Marine Waterfront Zone is to provide
for the utilization of waterfront lots in association with commercial
and recreational marine uses.
B.
Permitted Uses. A building may be erected, altered or used and a
lot or premises may be occupied and used for any of the following
purposes:
(2)
Accessory buildings and uses, including:
(a)
Detached one-family dwelling in connection with marina and on
lots of at least 15,000 square feet in size. For purposes of calculating
lot size, deeded water areas are included in the 15,000 square foot
total.
(b)
Off-street parking.
(c)
Private garages not to exceed two spaces.
(d)
Buildings for tools and equipment.
(e)
Signs.
(f)
Boat ramps and slips.
(g)
Other customary accessory uses and structures which are clearly
incidental to the principal structure and use.
(3)
Conditional uses. The following uses are permitted subject to approval
of the municipal agency and the special conditions of the conditional
use section of this article.
C.
Development Standards.
(1)
Principal buildings.
(a)
Minimum lot size: 5,000 square feet.
(b)
Minimum lot width: 50 feet on an improved public right-of-way.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front setback: zero or prevailing, whichever is greater.
(e)
Minimum each side setback: 5 feet.
(f)
Minimum both side setbacks: 14 feet.
(g)
Minimum rear setback: zero, however no building shall project
over water.
(h)
Minimum gross floor area: 500 square feet.
(i)
Maximum lot coverage: 30%.
(j)
Maximum building height: 2 1/2 stories or 35 feet, whichever
is less.
(k)
Maximum floor area ratio: 0.90:1.
(2)
Accessory buildings and uses.
(a)
Accessory buildings for tools and equipment which are not attached
to the principal building shall not exceed 10 feet in height as measured
from the grade to the ridge at the peak of the roof. No side wall
of such accessory buildings may exceed eight feet above grade in height.
No such shed shall exceed 150 square feet in area. All such accessory
buildings shall conform to at least the front setback requirement
of the principal building. The minimum side and rear yard setbacks
shall be four feet. All other accessory buildings not attached to
the principal building shall not exceed 15 feet in height and shall
conform to at least the front setback requirement of the principal
building. The minimum side and rear yard setbacks shall be four feet.
D.
Other Provisions and Requirements.
(1)
Off-street parking is required subject to the off-street parking
and loading section of this article. In addition, for marinas, 0.5
spaces per slip shall be required.
(2)
Landscaping is required subject to the landscaping section of this
article.
(3)
Visual access to the waterfront shall be maximized by controlling
height and placement of structures. Structures shall be developed
with a goal towards preserving and enhancing water views.
A.
Approval Required. A conditional use is a permitted use only as specified
by this chapter and may be granted in accordance with the standards
and specifications of this section. No permit shall be issued for
a conditional use unless an application is submitted to and approved
by the municipal agency. It shall be submitted and distributed in
the same manner as prescribed for all applications in the Land Use
Procedural Ordinance.
B.
Standards for Approval. The following standards and conditions are
required to be met in order to receive municipal agency approval for
specific conditional uses as indicated:
(1)
Government buildings and services. Government buildings, such as
municipal buildings, libraries and schools, shall provide the municipal
agency with the following:
(a)
A set of plans, specifications and plot plan and a statement
setting forth the need and purpose of the installation.
(b)
Proof is furnished to the municipal agency that the proposed
installation in a specific location is necessary and convenient for
the efficiency of the public utility system or the satisfactory and
convenient provision of service by the utility to the neighborhood
or area in which the particular use is to be located, further provided
that the design of any building in connection with such facility conforms
to the general character of the zone and will in no way adversely
affect the safe and comfortable enjoyment of property rights of the
zone in which it is located, that adequate and attractive fences and
other safety devices will be provided and that sufficient landscaping,
including shrubs, trees and lawn, are provided and will be periodically
maintained.
(c)
All other requirements for the zone in which the use is to be
located shall apply.
(d)
Landscaping and buffer requirements as specified in this article
for commercial and industrial zones shall apply.
(2)
Churches, synagogues, parish houses and similar religious uses, including
parochial and private schools.
(a)
All regulations for the zoning district in which the use is
to be located shall be complied with, except that the minimum lot
area shall be not less than 40,000 square feet, the side yards shall
be not less than 25 feet each, and all other yard requirements of
a B-3 Zone shall be complied with.
(b)
Parking shall be provided in accordance with the requirements
of this article.
(c)
Where parking areas are adjacent to a residential zone, a 25-foot
buffer strip, including fences and shrubs, no less than six feet high
shall be provided.
(d)
Landscaping and buffering shall be provided in accordance with
this article for the zone in which the use is located.
(3)
Eating establishments (drive-in or fast-food).
(a)
The minimum lot area shall be 40,000 square feet.
(b)
The minimum lot frontage shall be 175 feet.
(c)
The minimum depth shall be 200 feet.
(d)
The minimum off-street parking shall be one space for each 50
square feet of gross floor area.
(e)
All other requirements of the zone, including fencing and landscaping,
shall apply.
(f)
There shall be no access to rest rooms from the exterior of
the building.
(g)
There shall be adequate trash receptacles outside the building
for the use of patrons.
(h)
There shall be frequent collection of debris and trash from
outside the building so that trash does not blow off the property
or make the subject property unsightly.
(i)
The property shall be surrounded on three sides by a six-foot
high solid architectural fence, set back from the front property line
no more than 25 feet.
(j)
There shall be a trash area completely surrounded by a six-foot
high solid architectural fence with front solid gates. All outside
trash shall be stored in this area and shall not be in public view
over the fence height. All similar accessory appurtenances, such as
propane tanks, shall be similarly enclosed.
(4)
Public utility installations. public utility uses and installations,
above and below ground, such as transmission lines, water storage
tanks, towers, pumping stations and substations, shall provide the
municipal agency with the following:
(a)
A set of plans, specifications and plot plan and a statement
setting forth the need and purpose of the installation.
(b)
Proof is furnished to the municipal agency that the proposed
installation in a specific location is necessary and convenient for
the efficiency of the public utility system or the satisfactory and
convenient provision of service by the utility to the neighborhood
or area in which the particular use is to be located, further provided
that the design of any building in connection with such facility conforms
to the general character of the zone and will in no way adversely
affect the safe and comfortable enjoyment of property rights of the
zone in which it is located, that adequate and attractive fences and
other safety devices will be provided and that sufficient landscaping,
including shrubs, trees and lawn, are provided and will be periodically
maintained.
(c)
All other requirements for the zone in which the use is located
shall apply.
(d)
Landscaping and buffer requirements as specified in this article
for commercial and industrial zones shall apply.
(5)
Plant nurseries, nursery stock supplies and sales and garden landscape
supplies.
(a)
With the exception of the landscape plants, shrubs and trees,
all materials shall be contained within a building, except that open
storage and sales areas may be maintained in a side or rear yard,
provided that such open storage and sales areas are contiguous to
the building and are encircled by a fence of a design which is homogeneous
to the adjacent building.
(b)
A six-foot high solid fence shall be so designed as to screen
all materials and supplies, except plant materials, from public view.
(c)
Plant materials may be displayed openly in any yard.
(d)
All other requirements for the zone in which the use is located
shall apply.
(e)
In the B-4 Zone, only retail sales shall be permitted, and the
facility shall be entirely contained within a building.
(6)
Trailer and mobile home sales, recreation equipment sales, swimming
pool sales and boat and marine equipment sales.
(a)
All materials shall be contained within a building, except that
open storage and sales areas may be maintained in a side or rear yard,
provided that such open storage and sales areas are contiguous to
the building.
(b)
The minimum lot size shall be 40,000 square feet.
(c)
All other requirements of the zone in which the use is located
shall apply.
(7)
Automotive uses. Automotive gasoline stations, automotive service
stations, automotive repair garages, automotive sales and services,
automotive sales lots and automotive washes shall be permitted in
designated zones, provided that such uses satisfy the criteria set
forth in this section. All automotive uses specified herein, except
for automotive washes, may be established as joint uses with other
automotive uses, provided that such joint uses collectively satisfy
the criteria set forth in this section.
(a)
The following activities, where appropriate, are to occur entirely
on-site within specifically designated areas:
[1]
Parking for customers and employees while on premises.
[2]
Storage of vehicles left by customers to await service.
[3]
Storage of other vehicles.
[4]
Vehicles sales display areas.
[5]
Loading or unloading of vehicles transported to or from the
site.
[6]
Buildings within which repair, service or other work shall take
place.
[7]
Other areas within which repair, service or other work shall
take place.
[8]
All permitted uses established in conjunction with automotive
uses shall be clearly accessory in nature.
[9]
No more than one accessory use may be established in conjunction
with the enumerated automotive uses.
[10]
No more than three automotive related uses may
operate on a site.
[11]
Structures housing accessory uses shall be no
larger than 2,500 square feet.
(b)
Designated areas for specified activities may be shared by mixed
uses, but designated areas shall be used solely for the activities
approved.
[1]
Parking areas shall be used only for parking of vehicles by
customers and employees.
[2]
Storage of sale or rental cars, trucks, trailers, boats or other
vehicles shall be limited to areas specifically designated and approved
for that purpose.
[3]
Repair and service work shall be confined to designated areas.
[4]
The storage of cars, trucks, trailers, boats or any other vehicles
not being serviced or repaired on the premises of an automotive gasoline
station, automotive service station or automotive repair garage shall
be prohibited.
[5]
Storage of any vehicle requiring body work or which is inoperable
because of major repairs required shall be permitted only in designated
areas at an automotive repair garage or automotive sales and service.
(c)
Designated areas for vehicular storage or display need not conform
to standards for parking but shall be segregated from parking areas.
Storage areas shall be screened from view to a height of six feet.
Display areas shall be separated from streets by a landscaped perimeter
with a height of not less than two feet.
(d)
Sites shall be limited to locations as follows:
[1]
Automotive car washes and automotive gasoline stations shall
be located where pedestrian traffic at peak hour is projected to be
less than 50 persons.
[2]
Automotive car washes shall be located where vehicle stacking
will not impede the free flow of traffic on adjoining properties and
public rights-of-way.
[3]
Storage or display of rental of vehicles is permitted only as
an accessory to an automotive sales and service use.
[4]
Vehicle towing or transport services shall be permitted only
as an accessory to an automotive service station, automotive repair
garage or an automotive sales and service use.
(e)
Buildings shall be designed to preserve sufficient open area
to establish conforming parking areas in the amount of one space for
each 300 square feet of gross floor area. Said open area may be designated
for other uses.
(f)
When located adjacent to any property in a zone permitting residential
usage, automotive uses shall:
[1]
Maintain between any outdoor activity other than parking and
the residentially zoned property:
[2]
Limit vehicles to not more than two axles and not more than
10 ton gross vehicle weight.
[3]
Prohibit a facade sign on that facade of the building that faces
a zone permitting residential uses.
[4]
Prohibit the placement of a freestanding sign within 50 feet
of a zone permitting residential uses.
(g)
In addition to the conditional use criteria enumerated above,
said uses shall also be subject to the following zoning requirements
which shall not be conditional criteria for the use:
[1]
Setbacks. The front setbacks shall be not less than 40 feet.
The side and rear setbacks shall be not less than 15 feet. Where one
of the yards adjoins a residential zone, the commercial use shall
maintain not less than the setbacks required in that zone. A cantilevered
cover or canopy may be permitted to extend into the front yard, provided
that it is at least 15 feet from any front property line and maintains
the required setback of the zone.
[2]
Parking. Not more than five vehicles may be stored in the area
between the street and the setback line of the principal building.
[3]
Curb cuts and driveways.
[a]
On a corner lot, a driveway shall be at least 25
feet from the street intersection, as measured along the property
line.
[b]
Driveways shall be no less than 25 feet and no
more than 30 feet wide. The driveway shall be flared or slanted at
the curb line to facilitate auto ingress and egress.
[c]
Curb cuts shall be no less than 10 feet from any
adjacent property line.
[d]
Any two driveways giving access to a single street
shall be separated by a curbed island of at least 20 feet.
[e]
A raised curb of at least six inches in height
shall be provided along the street property lines, except for driveway
openings.
[f]
There shall not be more than two curb cuts providing
access to any one street.
[4]
Signs.
[a]
Freestanding signs. One freestanding sign shall
be permitted, provided that the aggregate area of all sides of the
sign shall not exceed 75 square feet.
[b]
Facade signs. Facade signs shall be allowed on
front or side facades so as to not exceed 15 percent of the square
footage of the facade on which it is located.
[c]
Other signs. Other signs that may be required by
State or Federal law shall be allowed, but no other advertising signs
shall be permitted.
[5]
Lighting. No strings of multiple lights shall be permitted.
[6]
Pavement. All parking, access and driveway areas shall be paved
with a permanent surface, such as macadam, with proper drainage so
as not to affect adjacent property owners.
[7]
Location of fuel dispensers. All dispensers shall be on curbed
safety islands which shall be a minimum of 25 feet from any adjacent
property line and 20 feet from any public right-of-way.
[8]
Accessory buildings. All lifts, lubrication equipment, service
pits and goods for sale shall be located within an enclosed building.
With the exception of such items as wiper blades, oil and tires, outdoor
displays of products for sale or rental shall not be permitted. Accessory
buildings shall not be permitted, except for the temporary storage
of trash or garbage.
[9]
Fuel tanks. Fuel storage tanks shall be placed underground and
at least 10 feet from any structure. Tanks having a capacity of 6,000
gallons or more shall be located at least a minimum distance from
any structure according to the following schedule:
Gallons
|
Feet
|
---|---|
6,000
|
20
|
12,000
|
25
|
20,000
|
30
|
50,000
|
40
|
Unlimited
|
50
|
[10]
Landscaping buffers and screening shall be provided
as follows:
[a]
A minimum landscaped area five feet wide shall
be provided along all property lines abutting public streets, except
where curb cuts are permitted.
[b]
All buffers and landscaped areas shall be protected
from adjacent parking areas by curbs, or concrete, metal or wood bumpers
at least six inches in height and securely anchored into the ground.
[c]
Service areas and parking areas shall be screened
from abutting property. A minimum of a six-foot architecturally solid
fence shall be erected on all property lines, except the front property
line.
(10)
Quasi-public uses. Quasi-public uses, such as
clubs, social organizations and other public gathering places not
publicly owned, not commercial in nature and not specifically listed
in this section shall adhere to the following:
(a)
All regulations for the zoning district in which the use is
to be located shall be complied with, except that the minimum lot
area shall be not less than 40,000 square feet.
(b)
Parking shall be provided in accordance with the requirements
of this article.
(c)
Where parking areas are adjacent to a residential zone or use,
a twenty-five-foot wide buffer strip, including fences and shrubs,
no less than six feet high shall be provided.
(d)
Landscaping and screening shall be provided in accordance with
the requirements of this article.
(11)
Lumberyards, building materials sales and improvement contractors
and sales establishments which store noncontainerized combustible
materials.
(a)
A 20-foot-wide fire access strip shall be established along
all side and rear property lines in addition to required buffers.
Said strip shall be free of obstructing structures, parking or loading
areas. Access to the strip shall be maintained from a public street.
(b)
Sufficient information shall be provided to indicate what provisions
for fire protection have been made. Plans shall be reviewed by the
Fire Chief of the district.
(c)
All materials shall be contained within a building, except that
open storage and sales areas may be maintained in a side or rear yard,
provided that such open storage and sales areas are contiguous to
the building and are encircled by a fence of a design which is homogeneous
to the adjacent building.
(d)
The solid fence shall be designed to screen all materials and
supplies from public view.
(e)
All other requirements for the zone in which the use is located
shall apply.
(f)
In all zones except the M Zones, only retail sales shall be
permitted, and the facility shall be entirely contained within a building.
(12)
Truck terminals and truck storage and maintenance uses. Truck
terminals, truck storage and maintenance uses may be permitted in
the M-2 Zone, provided that the following standards and conditions
are complied with:
(a)
A set of plans, specifications and plot plans in a number to
be determined by the approving authority is filed with the Administrative
Officer, showing in detail:
[1]
The exact location of the terminal facility.
[2]
The type of buildings to be constructed.
[3]
The number and location of all trucks, trailers and autos to
be parked or stored.
[4]
Access and egress of all vehicles.
[5]
Berthing facilities.
[6]
Freight storage and warehousing.
[7]
Office space.
[8]
Repair and maintenance garages on areas.
[9]
Sanitary, recreation and/or dormitory facilities.
[10]
Number of fuel pumps.
[11]
The location, depth and capacity of all fuel tanks.
[12]
The location and type of buffer strips, landscaped
areas and fences.
[13]
The location and type of pavement.
[14]
The location and type of night lighting.
[15]
The location and type of drainage facilities used
in relation to washing and maintaining vehicles.
[16]
Provision of fire safety equipment.
(b)
Said use shall be located on a lot whose lot lines are located
not less than 1,000 feet from any school offering a course of general
educational instruction, hospital, church or library, and provided
further that all filling pumps shall be located at least 75 feet from
the street line and side and rear property lines, and provided further
that such location will not be located at the corner of any dangerous
street intersection or traffic way.
(c)
The proposed use shall in no way be detrimental to the health,
safety and general welfare of the Township, nor shall it result in
a depression of any established property values in the general area.
(d)
Signs, in accordance with this chapter.
(e)
The municipal agency shall then decide the matter in accordance
with the Municipal Land Use Procedures Ordinance of the Township of
Woodbridge.
(13)
Sexually oriented businesses, artists' body painting studios,
massage shops, modeling studios and tattoo shops.
(a)
The following definitions shall be used in determining whatever
proposed use meets the requirement of a conditional use:
[1]
ARTIST'S BODY PAINTING STUDIO — An establishment or business
which provides the service of applying paint or other substance, whether
transparent or nontransparent, to or on the human body when such body
is fully or partially nude.
[2]
CHURCH — A facility for religious use.
[3]
MASSAGE SHOP — An establishment or business which provides
the service of massage and body manipulation, including exercises,
heat and light treatments of the body and all forms and methods of
physiotherapy, unless operated by a medical practitioner or professional
physical therapist licensed by the State of New Jersey.
[4]
MODELING STUDIO — An establishment or business which provides
the service of modeling for the purposes of reproducing the human
body, wholly or partially, in the nude by means of photographing,
painting, sketching, drawing or otherwise.
[5]
SCHOOL — For the purpose of this section, a public elementary,
secondary or high school, and private schools with curriculums equivalent
to that of public elementary, secondary or high school.
[6]
SEXUALLY ORIENTED BUSINESS — "Sexually Oriented Business"
shall mean the term defined by the New Jersey Legislature in N.J.S.A.
2C:34-6 as follows:
[a]
A commercial establishment which as one of its
principal business purposes offers for sale, rental, or display any
of the following: Books, magazines, periodicals or other printed material,
or photographs, films, motion pictures, video cassettes, slides or
other visual representations which depict or describe a "specified
sexual activity" or "specified anatomical area"; or still or motion
picture machines, projectors or other image-producing devices which
show images to one person per machine at any one time, and where the
images so displayed are characterized by the depiction of a "specified
sexual activity" or "specified anatomical area"; or instruments, devices,
or paraphernalia which are designed for use in connection with a "specified
sexual activity"; or
[b]
A commercial establishment which regularly features
live performances characterized by the exposure of a "specified anatomical
area" or by a "specified sexual activity," or which regularly shows
films, motion pictures, video cassettes, slides, or other photographic
representations which depict or describe a "specified sexual activity"
or "specified anatomical area."
As used in this definition of sexually oriented business, "Specified
anatomical area" means (1) Less than completely and opaquely covered
human genitals, pubic region, buttock or female breasts below a point
immediately above the top of the areola; or (2) human male genitals
in a discernibly turgid state, even if covered and "Specified sexual
activity" means (1) The fondling or other erotic touching of covered
or uncovered human genitals, pubic region, buttock or female breast;
or (2) any actual or simulated act of human masturbation, sexual intercourse
or deviate sexual intercourse.
[7]
TATTOO SHOP — An establishment or business which provides
the services of applying a tattoo, more specifically described as
an indelible mark or figure etched on the surface of the body by the
insertion of pigment into the skin.
(b)
Locations.
[1]
Sexually oriented businesses shall not be located within 1,000
feet of any existing sexually oriented business, or any church, synagogue,
temple or other place of public worship, or any elementary or secondary
school or any school bus stop, or any municipal or county playground
or place of public resort and recreation, or any hospital or any child
care center, or within 1,000 feet of any area zoned for residential
use.
[2]
Artists' body painting studios, massages shops, modeling studios
and tattoo shops shall not be located within 1,000 feet of each other,
or within 1,000 feet of any sexually oriented business, or within
1,000 feet of any property zoned for residential use.
(c)
The subject property shall conform to all the lot width and
area requirements as follows:
[1]
Principal buildings.
[a]
Minimum lot size: 30,000 square feet.
[b]
Minimum lot width: 150 feet on an improved public
right-of-way.
[c]
Minimum lot depth: 200 feet.
[d]
Minimum front setback: 60 feet.
[e]
Minimum each side setback: 50 feet.
[f]
Minimum rear setback: 60 feet.
[g]
Maximum gross floor area: 2000 square feet.
[h]
Maximum building height: 2 1/2 stories or
35 feet, whichever is less.
(d)
The subject property shall be developed in accordance with this
article.
(f)
Plans, specifications and plot plans in a number to be determined
by the Administrative Officer shall be filed with the Administrative
Officer showing detailed:
[1]
The exact location of buildings or structures to be used.
[2]
The type of buildings to be constructed or used.
[3]
Ingress and egress of all vehicles.
[4]
The number and location of all patron parking to be provided
on the site.
[5]
The type and location of all landscaping and other appropriate
buffers to be installed on the site in accordance with this article.
Additionally, pursuant to N.J.S.A. 2C:34-7(b), every sexually oriented
business shall be surrounded by a perimeter buffer of at least 50
feet in width with plantings, fence, or other physical divider along
the outside of the perimeter sufficient to impede the view of the
interior of the premises in which the business is located. The standards
imposed by N.J.S.A. 2C:34-7(b) shall not apply to a sexually oriented
business already lawfully operating as of the effective date of this
chapter, but shall apply to any new or relocated sexually oriented
business.
[6]
The type and location of all proposed lighting facilities and
the location of a screened refuse area on the site.
[8]
Parking. One parking space for each 200 square feet of gross
floor area, in accordance with N.J.S.A. 2c:34-7.
(g)
Where employees and patrons of different sexes are proposed
to be on the premises at the same time, separate toilet facilities
shall be provided for each sex.
(h)
Lavatories or wash basins shall be provided with soap and a
dispenser and with sanitary towels.
(i)
Lavatories or wash basins shall be provided with both hot and
cold running water and shall be installed either in the washroom or
in a vestibule.
(j)
The proposed use shall in no way be detrimental to the health,
safety and general welfare of the residents of the Township, nor shall
it result in a depression of any established property values in the
general area.
(k)
All uses shall be in accordance with the provisions and standards
set forth in the Uniform Construction Code to be adopted by the Township
of Woodbridge.
Editor's Note: See Ch. 8, Building and Structures, Art. 1, State
Uniform Construction Code Enforcing Agency, and N.J.S.A. 52:27D-119
et seq.
(l)
The Administrative Officer shall then decide the matter in accordance
with the procedure established in the ordinance of the Township of
Woodbridge prescribing the procedures for development applications
and establishing a Planning Board and Zoning Board of Adjustment Pursuant
to Chapter 291, P.L. 1975 of New Jersey, and known as the "Municipal
Land Use Procedures Ordinance of the Township of Woodbridge."
(14)
Community residences for the developmentally disabled. Community
residences for the developmentally disabled as defined in this chapter
shall be permitted in all residential zones, subject to the following
requirements' being met to the satisfaction of the municipal agency:
(a)
A set of building and floor plans, specifications and plot plan
shall be submitted to the municipal agency.
(b)
A statement outlining the proposed use and purpose shall be
submitted describing the types of services to be rendered to the residents
of the facility, as well as the credentials and training of the personnel
to be employed at the facility and the number of individuals who will
reside therein.
(c)
A minor site plan pursuant to the requirements of this chapter
shall be submitted.
(d)
The structure shall conform to all of the yard, area and height
requirements of this chapter.
(e)
Off-street parking shall be provided in the side or rear yard
areas at the rate of one space for each staff member as described
above, in addition to one space for each group of three residents,
or fraction thereof. Said parking area shall provide a minimum of
a ten-foot wide buffer area along all adjacent residential property
lines.
(f)
Each resident shall be supplied with a single bedroom of not
less than 200 square feet, and a minimum total living area per resident
shall be 400 square feet. In addition, one bathroom with a toilet,
tub, shower and basin shall be provided for each group of two residents,
or fraction thereof.
(g)
In no case shall a community residence for the developmentally
disabled be permitted within 1,500 feet of another such use or if
the number of developmentally disabled and mentally ill persons resident
within such facilities in the municipality exceeds 50 persons or five-tenths
percent of the municipal population, whichever is greater, or if the
granting of such conditional use will cause the number of the developmentally
disabled or mentally ill persons resident in such community residences
to exceed the aforementioned maximum number for such persons in the
municipality.
(15)
Amusement centers. Amusement centers shall be permitted in the
B-3 Highway Business Zone subject to the following requirements being
met to the satisfaction of the municipal agency:
(a)
A set of building and floor plans, including the number and
locations of all coin-operated amusement devices, specifications and
plot plan shall be submitted to the municipal agency.
(b)
A minor site plan pursuant to the requirements of this chapter
shall be submitted.
(c)
Amusement centers shall not be located within 500 feet of a
religious institution, library or school offering courses in public
education.
(d)
Amusement centers shall be operated entirely within an enclosed
building and shall be provided with self-closing doors.
(e)
Not more than two coin-operated amusement devices shall be permitted
for each 100 square feet of gross floor area dedicated to such use.
(f)
Off-street parking shall be provided at the ratio of one space
for each 100 square feet of gross floor area dedicated to such use.
(g)
Amusement centers may be established as an accessory activity
to a permitted commercial use, except that not more than 20 percent
of the gross floor area may be utilized for such purpose. Where such
accessory use is proposed, it shall be physically separated from the
principal use by a floor-to-ceiling solid partition.
(h)
All other requirements of this chapter shall apply.
(i)
This subsection shall not apply to licenses in existence prior
to the effective date of this subsection.
[Adopted 2-22-11 by Ord. No. 11-18]
(16)
Theaters (indoor). Indoor motion-picture theater buildings and
indoor theater for the presentation of live plays and musical productions
shall be permitted in a regional shopping center.
(17)
Tires, batteries and accessories stores. Not more than four
stores, commonly known as tire, battery and accessory stores shall
be permitted. Each such store may, additionally, as part of its operation,
engage in retail sales of gasoline, motor oil lubrication service
and car washing services, subject to the following conditions:
(a)
All such additional uses, including gasoline retail sales, must
be conducted on premises contiguous and immediately adjacent to the
tire, battery and accessory store, and, except for gasoline retail
sales, such uses must be conducted within a store or structure.
(b)
Gasoline pumps for each such tire, battery and accessory store
shall not exceed six.
(c)
The entire facility and landscaping thereof shall be of such
design as to be homogeneous with adjacent structures and landscaping
in the planned commercial development.
(d)
The facility shall meet all other safety and health regulations
which are applicable.
(e)
Such stores shall sell tires, batteries and automobile accessories
only and may install the merchandise sold on the premises.
(f)
The level of work performed shall not exceed that permitted
in the definition of "automotive service station," as defined in this
chapter.
(18)
Hotels, motels or inns. Such facility shall consist of a building
containing rooms for transient lodging only and also may provide personal
services incidental thereto, including meals and entertainment.
(19)
Dry-cleaning and laundry establishments. Dry-cleaning and laundry
establishments shall be permitted on the B-4 Zone with processing
facilities on the premises, provided that no clothing may be processed
unless received at retail in the premises.
(20)
Bus and taxi stops and stations. Bus and taxi stops or stations,
including provisions for passenger facilities, shall be permitted
in the B-4 Zone, provided that no vehicular repairs or storage shall
be permitted.
(21)
Cannabis Businesses. The growing, cultivating, manufacturing, and
operations to transport in bulk cannabis items by a cannabis cultivator,
cannabis manufacturer, cannabis wholesaler, or as a cannabis distributor
or cannabis delivery service, by persons or entities licensed to do
so by the State of New Jersey, shall be conditional uses in the M-1
Light Industrial Zone and the M-2 Heavy Industrial Zone. The growing,
cultivating, and manufacturing of cannabis items by a Class 1 cannabis
cultivator, Class 2 cannabis manufacturer or Class 5 cannabis retailer
that is licensed by the State of New Jersey to do so, shall be conditional
uses in the Area 14 and Area 22 Redevelopment Area. Any such cannabis
business referenced in this paragraph may be located closer than 1,000
feet away from any residential use, public and/or private school,
library, childcare center, house of worship, municipal youth center,
public park, public playground, and public building if such operation
meets the following conditions to be considered by the Planning Board:
[Added 6-22-2021 by Ord. No. 21-44; amended 10-3-2022 by Ord. No. 2022-65]
(a)
The Class 1 Cannabis Cultivator, Class 2 Cannabis Manufacturer and
Class 5 Cannabis Retailer shall be located entirely indoors, in the
same building;
(b)
The Class 1 Cannabis Cultivator, Class 2 Cannabis Manufacturer and
Class 5 Cannabis Retailer shall not be located in either the Area
14 or Area 22 Redevelopment Area if there is a Sexually Oriented Business
on either Area 14 or Area 22 Redevelopment Area;
(c)
The Planning Board determines that there is sufficient screening,
buffering, landscaping and other similar facilities to be installed
and constructed on the property to properly shield the Class 1 Cannabis
Cultivator, Class 2 Cannabis Manufacturer and Class 5 Cannabis Retailer
from the residential use, public and/or private school, library, childcare
center, house of worship, municipal youth center, public park, public
playground, and public building.
(d)
The use of cannabis or cannabis related products by means of smoking
or vaping shall not occur outside of the building(s) used for the
operations of the Class 1 Cannabis Cultivator, Class 2 Cannabis Manufacturer
and Class 5 Cannabis Retailer.
(e)
Any odors of cannabis associated with the operations of the Class
1 Cannabis Cultivator, Class 2 Cannabis Manufacturer and Class 5 Cannabis
Retailer shall not unreasonably interfere with the enjoyment of life
or property including any residential use, public and/or private school,
library, childcare center, house of worship, municipal youth center,
public park, public playground, and public building.
(f)
The operations of the Class 1 Cannabis Cultivator, Class 2 Cannabis
Manufacturer and Class 5 Cannabis Retailer shall not violate the Air
Pollution Control Act: N.J.S.A. 26:2C-1 et seq. and N.J.A.C. 7:27-1.1.
(g)
In order to address potential odors leaving the buildings as prohibited
in Section E above, the Class 1 Cannabis Cultivator, Class 2 Cannabis
Manufacturer and Class 5 Cannabis Retailer shall install air filtration
and purification systems through the use of carbon filtration or chemical
treatment systems, ionization, and photo catalytic oxidation and such
other state of the art air quality management systems designed to
prevent a violation of Section E, hereinabove.
The provisions of this paragraph B(21) shall not apply to any
medical cannabis dispensary (alternative treatment center) that was
licensed under the New Jersey Compassionate Use Medical Marijuana
Act prior to the enactment of this Ordinance No. 2022-65. (Adopted
10-3-2022)
|
(22)
Electronic Smoking Device Retailer.
[Added 4-25-2023 by Ord.
No. 2023-27]
(a)
Definitions.
[1]
Electronic Smoking Device. Any electronic product that delivers nicotine
or other substances to the person inhaling from the device, including,
but not limited to, electronic cigarettes (e-cigarettes), electronic
cigars, (e-cigars), electronic pipes (e-pipes), vape pens, or electronic
hookahs (e-hookahs). "Electronic smoking devices" shall include any
component or accessory of such a device, whether sold separately or
not, including any filters and liquids used in such devices, but does
not include any similar devices approved for sale by the U.S. Food
and Drug Administration for medicinal purposes as those items are
defined in the Federal Food, Drug and Cosmetic Act, or those devices
approved for sale by the State of New Jersey or the Township of Woodbridge
as those items are defined by the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act, the Jake
Honig Compassionate Use Medical Cannabis Act, or those Township Ordinances
that regulate the sale of cannabis products.
[2]
Retail Electronic Device Establishment. Shall mean any establishment
that sells or offers for sale Electronic Smoking Device products designed
for consumption through inhalation.
(b)
Sale of Electronic Smoking Devices a Conditional Use. The sale of
Electronic Smoking Devices by a Retail Electronic Device Establishment
shall be a conditional use, only permitted in the B-1, B-2, B-2/P,
B-3, and B-4 zones, provided the following standards are met:
[1]
That the zone permits retail sales activities;
[2]
That the subject premises is not within 1,000 feet of any of the
following:
[a]
Nursery schools;
[b]
Pre-schools;
[c]
Child, adult, or special needs day-care centers;
[d]
Elementary, middle, or high schools;
[e]
State or county universities or colleges;
[g]
Funeral homes;
[h]
Health services facilities;
[i]
Other Retail Electronic Device Establishments;
[j]
Assisted living facilities;
[k]
Church or other places of worship, Sunday school, church or
religious school;
[l]
Parks, playgrounds, and commercial recreational facilities.
(c)
Pre-Existing Retail Electronic Device Establishments; Exemption; Registration Requirements. Any Retail Electronic Device Establishment which has been involved in the sale of Electronic Smoking Devices at the same location within the Township of Woodbridge since prior to the enactment of this section shall be permitted to continue selling said products in their existing location, provided said Retail Electronic Device Establishment has been registered with the Department of Health and Human Services of the Township of Woodbridge and obtained a license pursuant to Section 35-14 of the Revised General Ordinances of the Township of Woodbridge since prior to the enactment of this section. If at any point after the enactment of this section, said Pre-Existing Retail Electronic Device Establishment ceases operations at its existing location, expands or reduces the footprint of its building at its existing location where Electronic Smoking Devices are sold, loses its license to sell Electronic Smoking Devices, allows its license to lapse for a period of thirty (30) days or longer, or stops selling Electronic Smoking Devices for a period of thirty (30) days or longer, said Pre-Existing Retail Electronic Device Establishment shall no longer be eligible for any exemptions contained in this paragraph (c) and must comply with the conditions set forth in paragraph (b) of this section. (Adopted 4-25-2023 by Ord. No. 2023-27)
(d)
New Retail Electronic Device Establishments; Registration Requirements. Any Retail Electronic Device Establishment which (1) will begin selling Electronic Smoking Devices for the first time subsequent to the enactment of this section, or which relocates to a new location subsequent to the enactment of this section, and (2) meets all of the conditions of Section 150-44(B)(22)(b), must register with the Department of Health and Human Services of the Township of Woodbridge pursuant to Section 35-14 of the Revised General Ordinances of the Township of Woodbridge as a Retail Electronic Device Establishments prior to the sale of any Electronic Smoking Devices.
(e)
Violations and Penalties. The penalty for violating this Section 150-44B(22) shall be as provided in Section 150-97.
A.
Purpose. It is the purpose of this section to provide zoning conditions,
standards and limitations for the location, approval and operation
of wireless communication facilities within the Township of Woodbridge
that recognize the need to safeguard the public good, health, safety
and welfare and preserve the intent and the purposes of the Woodbridge
Township Master Plan.
B.
CO-LOCATION
FAA
FCC
FTA
WIRELESS COMMUNICATION
WIRELESS COMMUNICATIONS ANTENNA
WIRELESS COMMUNICATIONS TOWER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The use of a tower or other structure by a person other than
the applicant for the purpose of providing wireless communications,
without resulting in an increase of the height of the tower or structure.
The Federal Aviation Administration and any person lawfully
delegated such authority by that agency.
The Federal Communications Commission and any person lawfully
delegated such authority by that agency.
The Federal Telecommunications Act of 1996, P.L. 104-104,
110 Stat. 56, 47 U.S.C. § 151 et seq., as amended.
Any personal wireless service as defined in the 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.
Any device which is used for the transmission and reception
of electromagnetic wave frequencies for the purpose of any wireless
communication. For the purposes of this section, wireless communication
antennas shall not be considered to be a public utility.
A structure on which one or more antennas are attached, but
shall not mean existing structures such as silos, steeples, cupolas
or water tanks.
C.
Statement of Findings.
(1)
The Township recognizes that the Federal government, through the
FTA and FCC, regulates wireless communications and issues licenses
for wireless communications, and that the FCC requires the license
holders to provide coverage within the areas so licensed.
(2)
The FTA expressly preserves the zoning authority of the Township
to regulate the placement, construction and modification of personal
wireless service facilities subject to the provisions noted at Section
332(c)(7)(B) of the FTA.
(3)
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 must
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.
(4)
It is in the public interest to minimize the number of wireless communications
towers within the Township and to preserve the nature and character
of the local community.
(5)
It is in the public interest that, to the extent possible, any new
facilities for wireless communications be placed on existing structures
without the construction of new towers.
(6)
It is in the public interest that wireless communications carriers
co-locate their facilities with each other.
(7)
The overall objective of this section is to allow the provision of
wireless communication services 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
character of the Township and the quality of life enjoyed by the residents.
D.
Specific Goals.
(1)
To minimize the total number of wireless communication towers within
the Township;
(2)
To limit the impact of wireless communication antennas, towers and
related facilities upon the residences and the streetscapes throughout
the Township;
(3)
To safeguard the prevailing and visual landscapes, character and
development throughout the Township, with particular emphasis on maintaining
the prevailing character of the residential zoning districts and neighborhood
areas throughout the Township;
(4)
To encourage the location of antennas upon or within existing structures,
including, but not limited to, existing towers, buildings, tanks,
cupolas, steeples and silos;
(5)
To encourage the co-location of antennas and facilities on the fewest
number of existing structures within the Township;
(6)
To discourage the construction of new towers;
(7)
To encourage the communication carriers to configure their facilities
in a manner that minimizes and mitigates any adverse impacts upon
affected properties, streetscapes and viewsheds through careful design,
siting, landscape screening and innovative camouflaging techniques;
(8)
To encourage the use of alternative technologies which do not require
the use of towers or require towers at relatively lesser heights;
(9)
To enhance the ability of wireless communications carriers who adhere
to the letter and intent of the provisions of this section to provide
such services quickly, effectively and efficiently;
(10)
To comply with the mandate of the FTA, 47 U.S.C. Section 332(c)(7),
which preserves local government authority to enforce zoning requirements
that protect public safety, public and private property and community
aesthetics; and
(11)
To ensure that the location and positioning of towers protects
the public from damage or injury and protects the public health, safety
and welfare from adverse impacts related to the construction and operation
of towers and other wireless communications facilities.
E.
Exemptions of Amateur Radio Services. This section 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.
F.
Location of Wireless Communications Antennas. Wireless communication
antennas may be located only as set forth in the two prioritized locations
below:
(1)
First priority locations. The first priority locations for wireless
communication antennas shall be on the existing towers, tanks, high-voltage
transmission facilities and existing buildings within the Township.
Antennas so located are permitted uses and require site plan approval.
(2)
Second priority locations. The second priority locations for wireless
communication antennas shall be on new wireless communication towers
on lands within the M-2 Heavy Industrial Zone, at a minimum distance
of three times the height of the proposed tower from a residential
use and schools, provided that all related requirements of this section
are met. Antennas not so located will require conditional use variance
approval.
G.
Requirements for First Priority Locations
(1)
Notwithstanding any provision of the land use and development regulations
of the Township to the contrary, location and height of antenna(s)
on or within any of the existing structures within the Township and
any accessory shelters enclosing the related electronic equipment
shall be considered permitted uses in the subject zoning district
and, therefore, shall require site plan approval in accordance with
N.J.S.A. 40:55D-67 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 and any accessory
shelter(s) enclosing the related electronic equipment shall require
site plan approval.
(3)
In any case, the height of any proposed antenna extending above any
existing structure shall not exceed 10 feet and all antennas shall
be flush-mounted antennas totaling no more than 12 in number per carrier.
(4)
Any and all facilities constructed shall maximize the use of materials,
colors and textures designed to blend with the structure to which
it may be affixed and to blend with, to the extent practicable, the
surrounding buildings and area.
H.
Requirements for Second Priority Locations.
(1)
Regarding the second priority locations for wireless communication
antennas on new wireless communication towers on lands within the
M-2 Heavy Industrial Zone, any such proposed tower, antennas and related
equipment shall require conditional use approval.
(2)
The following information shall be submitted for site plan approval
and, in order to be deemed complete, the following documentation shall
be included:
(c)
Crane or balloon test. During the public hearing process, the
applicant shall schedule the time for a crane or balloon test with
the Township Planning Administrator 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 or balloon
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 or
balloon 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.
I.
Overall Comprehensive Plan for Second Priority Locations.
(1)
In order to effectuate the purposes, objectives and goals of the
provisions of this section, any applicant for approval to erect a
new supporting tower for wireless communication antennas shall provide
threshold evidence that the proposed location of the tower and antennas
have been planned to result in the fewest number of towers within
the Township at the time full service is provided by the applicant.
(2)
The applicant shall provide an overall comprehensive plan indicating
how it intends to provide full service within and around the Township
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.
(3)
The overall comprehensive plan shall indicate the following, and
this information shall be provided at the time of the initial submission
of the application:
(a)
The mapped location and written description of all existing
and approved supporting towers for all providers of wireless communication
services within one mile of the subject site, both within and outside
the Township;
(b)
The mapped location and written description of all existing
or approved water towers or water standpipes and existing power-line
stanchions within one mile of the subject site both within and outside
the Township;
(c)
Why proposed existing antennas could not be located on any of
the structures either within or outside the Township;
(d)
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,
including the number of additional wireless communications carriers
that would be permitted to co-locate on the proposed facilities;
(e)
How the proposed location of the proposed antennas specifically
relates to the objective of co-locating the antennas of many different
providers of wireless communication services on a single supporting
structure; and
(f)
How the proposed location of the proposed antennas specifically
relates to the overall objective of providing adequate 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 at a lesser
height.
J.
Area and Setback Conditions for Second Priority Locations.
(1)
The proposed tower, antennas and ancillary-related electronic equipment
shall be located on a land area of no less than 15,000 square feet;
(2)
The minimum required land area shall either be a separate undeveloped
lot or a leased portion of an existing undeveloped or developed lot;
(3)
The proposed tower, antennas and related equipment, any approved
building housing the electronic equipment and any approved camouflaging
of the tower shall be the only land uses located on the subject land
area, whether said land area is a separate lot or a leased portion
of a lot; and
(4)
Except for any access driveway into the property, required landscaping
and any underground utility line reviewed and approved by the Planning
Board or Zoning Board of Adjustment, as appropriate, no building,
tower, other structure and/or disturbance of land shall be permitted
within 200 feet of any street line and within 500 feet of any lot
line of any adjacent property, provided that, in any case, no building,
tower, other structure and/or land disturbance shall be located within
750 feet of any historic residential or school site as duly designated
by the Township, the State of New Jersey and/or by the federal government.
K.
Design Conditions for Second Priority Locations.
(1)
All towers shall be a monopole design.
(2)
All towers shall be camouflaged (e.g., housed in a silo, bell tower,
etc., or made to look like 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.
(3)
The height of any proposed new tower and the antennas attached thereto
shall not exceed 125 feet from the existing ground level beneath the
tower.
(4)
No signage is permitted except for such information signs deemed
necessary for safety purposes by the Planning Board.
(5)
Minimal off-street parking shall be permitted as needed and as specifically
approved by the Planning Board.
(6)
No lighting is permitted on a tower, except lighting that is specifically
required by the FCC and AA, 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 the Planning Board all applicable FCC and FAA standards regarding
lighting that apply to a proposed tower, including, but not limited
to, the lighting color, elevation of lighting and whether the lighting
is to be continuous or strobe lighting.
(7)
Individual shelters for the required electronic equipment related
to the wireless communications antenna(s) shall be permitted in accordance
with the following design criteria:
(a)
Any proposed shelter enclosing required electronic equipment
shall not be more than 15 feet in height nor more than 250 square
feet in area, and only one such shelter shall be permitted for each
provider of wireless communication services located on the site;
(b)
No electronic equipment shall interfere with any public safety
communications;
(c)
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;
(d)
All of the required electronic equipment for all anticipated
communication carriers to be located on the subject site shall be
housed within a building of one and one-half stories, which building
shall not exceed 1,000 gross square feet in area and 15 feet in height
and which shall be designated with a single-ridge, pitched roof with
a residential or barn-like appearance; and
(e)
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.
(8)
Between the location of the tower and the building enclosing related
electronic equipment and any public street or residential dwelling
unit or residential zoning district within view of the tower and the
building, landscaping shall be provided in accordance with the following:
(a)
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 tower, particularly as its base,
to the maximum extent reasonably possible and to enhance the appearance
of the building from the surrounding residential properties and any
public street;
(b)
The landscaping plan shall be prepared by a licensed landscape
architect who shall present testimony to the Board regarding the adequacy
of the plan to screen the tower from view and to enhance the appearance
of the building; and
(c)
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 the time of planting.
L.
Additional Conditions for Second Priority Locations.
(1)
Documentation by a qualified expert that any proposed tower will
have sufficient structural integrity to support the proposed antennas
and the anticipated future co-located antennas and that the structural
standards developed for antennas by the Electronic Industries Association
(EIA) and/or the Telecommunications Industry Association (TIA) have
been met;
(2)
Co-location. A statement by the applicant that the owner of the tower
and the operator of the wireless communications facilities, and his
or her successors in interest, shall negotiate on good faith for the
shared use of the proposed tower by other wireless communications
service-providers in the future and shall reasonably respond to requests
for information regarding potential co-location by other wireless
communications carriers and shall permit such co-location upon reasonable
terms and conditions; and
(3)
The applicant (and the landowner in the instance of a leased property)
shall provide a performance bond and/or other assurance satisfactory
to the Planning Board or Zoning Board of Adjustment, as the case may
be, in a form approved by the Township Attorney, that will cause the
antennas, any supporting tower, the electric equipment cabinets, any
building enclosing the electronic equipment shelters, and all of the
other related improvements to the land to be removed, at no cost to
the Township, when the antennas are no longer operative. 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.
M.
Locational 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:
(1)
To the greatest extent possible, no tower shall be located to be
visible from any historic site as duly designated by the Township,
the State of New Jersey and/or by the Federal government.
(2)
To the greatest extent possible, no tower shall be located to be
visible from any public street.
(3)
To the greatest extent possible, any tower shall be located behind
existing buildings and/or natural topographical elevations in order
to screen the tower from view from adjacent properties and from any
street right-of-way.
N.
All other applicable requirements of this section 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.
A.
The following areas have been designated as redevelopment areas.
Ordinances can be found on file at the Township offices.
(1)
AAV Avenel Arts Village Redevelopment Area
[Added 2-17-09 by Ord. No. 09-14; amended 5-21-13 by Ord.
No. 13-32; 4-4-2017 by Ord. No. 2017-34; 4-18-2017 by Ord. No. 2017-45; 8-6-2019 by Ord. No. 19-87; 5-19-2020 by Ord. No. 20-37]
(2)
HR Hopelawn Redevelopment Area
[Added 2-17-09 by Ord. No. 09-77]
(3)
K-2 Keasbey Phase II Redevelopment Area
[Added 4-6-00 by Ord. No. 00-18; amended 8-8-2017 by Ord.
No. 2017-72]
(4)
K-3 Keasbey Phase III Redevelopment Area
[Added 7-5-06 by Ord. No. 06-39]
(5)
K-4 Keasbey Phase 4 Redevelopment Area
[Added 6-10-08 by Ord. No. 08-51]
(6)
K-5 Keasbey Phase 5 Redevelopment Area
[Added 4-22-08 by Ord. No. 08-34]
(7)
KPR96 Keasbey/Port Reading 1996 Redevelopment Area
[Added 9-3-96 by Ord. No. 96-67; amended 3-19-13 by Ord.
No. 13-16; amended 8-8-2017 by Ord. No. 2017-73]
(8)
PR Pennval Road Redevelopment Area
[Added 1-20-09 by Ord. No. 09-06; amended 1-19-10 by Ord.
No. 10-03]
(9)
PRA1 Port Reading Area 1 Redevelopment Area
[Added 1-20-09 by Ord. No. 09-07]
(10)
PRA2 Port Reading Area 2 Redevelopment Area
[Added 1-20-09 by Ord. No. 09-08; amended 10-3-2022 by Ord. No. 2022-61]
(11)
PRA3 Port Reading Area 3 Redevelopment Area
[Added 1-20-09 by Ord. No. 09-09; amended 6-23-15 by Ord.
No. 2015-35]
(12)
R1A1 Route 1 Area 1 Redevelopment Area
[Added 3-4-08 by Ord. No. 08-22; amended 12-19-2017 by Ord.
No. 2017-136]
(13)
R1A7 Route 1 Area 7 Redevelopment Area
[Added 3-4-08 by Ord. No. 08-21; amended 12-18-2018 by Ord.
No. 2018-102]
(14)
R1A15 Route 1 Area 15 Redevelopment Area
[Added 6-10-08 by Ord. No. 08-52]
(14.1)
R1A16 Route 1 Area 16 Redevelopment
Area
[Added 11-3-99; amended 4-1-14 by Ord. No. 14-22]
(14.2)
The Route 1: Area 17 — Ronson
Road Redevelopment Plan
[Added 2-3-15 by Ord. No. 2015-10]
(15)
R1R Route 1 Redevelopment Area
[Added 11-3-99 by Ord. No. 99-71]
(16)
R27A1 Route 27 Area 1 Redevelopment Area
[Added 6-10-08 by Ord. No. 08-49]
(17)
R27A4 Route 27 Area 4 Redevelopment Area
[Added 6-10-08 by Ord. No. 08-49; amended 3-1-16 by Ord.
No. 2016-15; 4-18-2017 by Ord. No. 2017-45]
(18)
R27A5 Route 27 Area 5 Redevelopment Plan
[Added 9-16-08 by Ord. No. 08-76; amended 3-4-14 by Ord.
No. 14-14]
(19)
R27A6 Route 27 Area 6 Redevelopment Area
[Added 9-16-08 by Ord. No. 08-77]
(20)
R27A7 Route 27 Area 7 Redevelopment Area
[Added 9-16-08 by Ord. No. 08-78]
(21)
HST Hart Street Redevelopment Area
[Added 10-5-10 by Ord. No. 10-68]
(22)
Keasby 8 Tilcon Redevelopment Area
[Added 1-25-11 by Ord. No. 11-08]
(23)
Crossroads Redevelopment Zone
[Added 6-13-11 by Ord. No. 11-40]
(24)
Cooper Towers Redevelopment Plan
[Added 7-12-11 by Ord. No. 11-49; amended 8-09-11 by Ord.
No. 11-55; 4-18-2017 by Ord. No. 2017-45]
(25)
King Georges Post Road Redevelopment Plan
[Added 8-23-11 by Ord. No. 11-59]
(26)
Route 1-Area 2 Redevelopment Plan
[Added 8-23-11 by Ord. No. 11-60]
(27)
EPEC Redevelopment Plan
[Added 7-10-12 by Ord. No. 12-28]
(28)
Blair Road and Omar Avenue Avenel Redevelopment Plan
[Added 4-9-13 by Ord. No. 13-22]
(28.1)
Blair Road and Homestead Avenue Avenel
Redevelopment Plan
[Added 10-8-13 by Ord. No. 2013-46]
(29)
Metropark Wood Avenue South Redevelopment Plan
[Added 5-6-14 by Ord. No. 14-30; 4-18-2017 by Ord. No. 2017-45;
amended 5-3-2022 by Ord. No. 2022-27]
(30)
Hess West Avenue and Milos Way-Port Reading Redevelopment Plan
[Added 12-9-14 by Ord. No. 14-62; 4-18-2017 by Ord. No.
2017-45]
(31)
Hess Woodbridge Redevelopment Plan
[Added 12-9-14 by Ord. No. 14-63; 4-18-2017 by Ord. No. 2017-45]
(32)
PSEG-Sewaren Redevelopment Plan
[Added 11-10-15 by Ord. No. 2015-73]
(33)
Cedar Meadows Redevelopment Plan
[Added 12-15-15 by Ord. No. 2015-80; 4-18-2017 by Ord. No.
2017-45; amended 3-5-2024 by Ord. No. 2024-17]
(34)
Silver Oaks Redevelopment Plan
[Added 12-15-15 by Ord. No. 2015-81; 4-18-2017 by Ord. No.
2017-45; amended 11-26-2019 by Ord. No. 19-124; 10-6-2020 by Ord. No. 20-69]
(35)
Keasbey 9 Bayshore Redevelopment Plan
[Added 1-19-16 by Ord. No. 2016-05; amended 10-18-2016 by
Ord. No. 2016-60]
(36)
Rahway Avenue-Nielson Street Redevelopment Plan
[Added 2-16-2016 by Ord. No. 2016-09; 4-18-2017 by Ord. No.
2017-45]
(37)
Route One, Area 18 Redevelopment Plan
[Added 2-16-2016 by Ord.
No. 2016-10]
(38)
White Rose Redevelopment Plan
[Added 6-14-2016 by Ord. No. 2016-31]
(39)
Rahway-Randolph Avenues Redevelopment Plan
[Added 10-18-2016 by Ord.
No. 2016-61]
(40)
Keasbey 7: Weldon Redevelopment Plan
[Added 2-7-2017 by Ord.
No. 2017-14]
(41)
Route 1 Area 19 Redevelopment Plan
[Added 2-7-2017 by Ord.
No. 2017-15]
(42)
Scattered Sites Redevelopment Plan
[Added 2-21-2017 by Ord. No. 2017-22; amended 10-9-2018 by
Ord. No. 2018-81]
(43)
Egerton Boulevard (Yardley and Cresskill Avenues Redevelopment
Plan)
[Added 6-13-2017 by Ord.
No. 2017-58; amended 2-5-2019 by Ord. No. 19-15]
(44)
Quincy Court Redevelopment Plan
[Added 6-27-2017 by Ord.
No. 2017-66]
(45)
Red Oak Manor Redevelopment Plan
[Added 10-10-2017 by Ord. No. 2017-93; amended 11-13-2017
by Ord. No. 2017-106]
(46)
Downtown Woodbridge, Area 1 Redevelopment Plan
[Added 10-10-2017 by Ord. No. 2017-94; amended 3-6-2018 by
Ord. No. 2018-09]
(47)
Buckeye Properties Redevelopment Plan
[Added 2-20-2018 by Ord.
No. 2018-07]
(48)
Route 1 Area 20 Redevelopment Plan
[Added 3-6-2018 by Ord.
No. 2018-10]
(49)
Quincy Court Redevelopment Plan
[Added 2-5-2019 by Ord. No. 19-14]
(50)
Essex Avenue East Redevelopment Plan.
[Added 4-2-2019 by Ord. No. 19-44]
(51)
PQ Corporation (Paddock Street West) Redevelopment Plan.
[Added 4-2-2019 by Ord. No. 19-45; amended 5-18-2021 by Ord. No. 21-39]
(52)
5 Paddock Street Redevelopment Plan.
[Added 5-21-2019 by Ord. No. 19-66]
(53)
Downtown Woodbridge Area 2 Redevelopment Plan.
[Added 6-25-2019 by Ord. No. 19-72]
(54)
85 New Brunswick Avenue Redevelopment Plan.
[Added 6-25-2019 by Ord. No. 19-73]
(55)
Cutters Dock Road Redevelopment Plan.
[Added 9-3-2019 by Ord. No. 19-98; amended 6-23-2020 by Ord. No. 20-45; 7-21-2020 by Ord. No. 20-54]
(56)
New Brunswick Avenue North: Area 1 (112 New Brunswick Avenue &
105 Juliette Street) Redevelopment Plan.
[Added 9-17-2019 by Ord. No. 19-103]
(57)
Downtown Woodbridge Area 3 Redevelopment Plan.
[Added 5-5-2020 by Ord. No. 20-33]
(58)
51 New Brunswick Avenue Redevelopment Plan.
[Added 7-21-2020 by Ord. No. 20-53
(59)
Downtown Woodbridge Area 4 Redevelopment Plan.
[Added 7-6-2020 by Ord. No. 20-48; amended 3-16-2021 by Ord. No. 21-13]
(60)
Downtown Woodbridge Area 5 Redevelopment Plan.
[Added 7-21-2020 by Ord. No. 20-52; amended 3-16-2021 by Ord. No. 21-14]
(61)
Route 1 Area 21 Redevelopment Plan.
[Added 8-4-2020 by Ord. No. 20-58]
(62)
200 Wood Avenue South Redevelopment Plan.
[Added 8-4-2020 by Ord. No. 20-59]
(63)
Pennval and Cutters Dock Roads Redevelopment Plan
[Added 9-22-2020 by Ord. No. 20-66; amended 3-16-2021 by Ord. No. 21-15; 4-6-2021 by Ord. No. 21-21]
(64)
Downtown Woodbridge Area 6 Redevelopment Plan
[Added 4-6-2021 by Ord. No. 21-22]
(65)
Keasbey 6 Redevelopment Plan
[Added 5-4-2021 by Ord. No. 21-32]
(66)
Downtown Woodbridge Area 7 Redevelopment Plan
[Added 5-4-2021 by Ord. No. 21-33]
(67)
West Kelly Street Redevelopment Plan
[Added 12-14-2021 by Ord. No. 21-78]
(68)
Keasbey 10 Smith Street and Crows Mill Road Redevelopment Plan
[Added 3-1-2022 by Ord. No. 2022-10]
(69)
Iselin Lumber Redevelopment Plan
[Added 4-5-2022 by Ord. No. 2022-20]
(70)
One Woodbridge Center Drive Redevelopment Plan
[Added 4-19-2022 by Ord. No. 2022-24]
(71)
Metropark Station Redevelopment Plan
[Added 7-5-2022 by Ord. No. 2022-42]
(72)
Cutters Dock Road Redevelopment Plan
[Added 7-19-2022 by Ord. No. 2022-44]
(73)
Woodbridge Center Mall - Area 1 Redevelopment Plan
[Added 10-3-2022 by Ord. No. 2022-62]
(74)
Route 1 Area 22 Redevelopment Plan
[Aded 11-1-2022 by Ord. No. 2022-75]
(75)
Adopts the Smith Street and Newton Street Redevelopment Plan
[Added 12-13-2022 by Ord. No. 2022-80; amended 6-27-2023 by Ord. No. 2023-48]
(76)
Adopts the Woodbridge Bowling Center Redevelopment Plan
[Added 12-13-2022 by Ord. No. 2022-81; amended 2-6-2024 by Ord. No. 2024-13]
(77)
Adopts the 430-432 New Brunswick Avenue Redevelopment Plan
[Added 2-21-2023 by Ord. No. 2023-13]
(78)
Adopts the 535-537 and 555 New Brunswick Avenue Redevelopment Plan
[Added 3-7-2023 by Ord. No. 2023-16]
(79)
Adopts The Martin Street Redevelopment Plan
[Added 4-11-2023 by Ord. No. 2023-23]
(80)
Adopts the Route 1 Area 24 Redevelopment Plan
[Added 12-12-2023 by Ord. No. 2023-96]
(81)
Adopts the Downtown Woodbridge Area 8 Redevelopment Plan
[Adds 12-12-2023 by Ord. No. 2023-97]
(82)
Adopts the West Kelly Street 2 Redevelopment Plan
[Added 1-16-2024 by Ord. No. 2024-06]
(83)
Adopts the Route I Area 14 Redevelopment Plan
[Added 1-16-2024 by Ord. No. 2024-07]
A.
The following Rehabilitation Plans may be found on file in the Township
offices.
(1)
AR-A Avenel Rehabilitation Plan — Area A
(2)
AR-B Avenel Rehabilitation Plan — Area B
(3)
AR-C Avenel Rehabilitation Plan — Area C
(4)
IAV Inman Avenue Rehabilitation Plan Area
[Amended 11-26-2019 by Ord. No. 19-125]
(5)
PQP-MS Public/Quasi Public Uses
(6)
REM-MS Residential/Educational/Mixed Use
(7)
RES-MS Residential Use
(8)
RSM-MS Residential/Mixed Use
(9)
RTM-MS Retail/Mixed Use
(10)
NBA-R New Brunswick Avenue Residential Rehabilitation Area
[Amended 10-18-2016 by Ord. No. 2016-62; 3-7-2017 by Ord.
No. 2017-30]
(11)
NBA-C New Brunswick Avenue Commercial Rehabilitation Area
[Amended 10-18-2016 by Ord. No. 2016-62; 3-7-2017 by Ord.
No. 2017-30]
(12)
School 2/16 Rehabilitation Plan
[Added 3-19-13 by Ord. No. 13-17]
(13)
Inman Avenue Rehabilitation Plan
[Added 4-22-14 by Ord. No. 14-26]
(14)
Hopelawn VFW Rehabilitation Plan
[Added 3-24-15 by Ord. No. 2015-21; 4-18-2017 by Ord. No.
2017-45]
(15)
Jacobs Landing Rehabilitation Plan
[Added 6-23-15 by Ord. No. 2015-36; amended 3-7-2017 by Ord.
No. 2017-29; 4-18-2017 by Ord. No. 2017-45]
(16)
1 Woodbridge Center Drive Rehabilitation Plan
[Added 12-15-15 by Ord. No. 2015-81; 4-18-2017 by Ord. No.
2017-45]
(17)
Olsen Tower Rehabilitation Plan
[Added 6-28-16 by Ord. No. 2016-35; amended 4-18-2017 by
Ord. No. 2017-45]
(18)
Main Street Rehabilitation and Transit Village
[Amended 4-18-2017 by Ord. No. 2017-45; 4-11-2023 by Ord. No. 2023-24]
(19)
Oak Tree Road Rehabilitation Plan
[Added 8-21-2018 by Ord.
No. 2018-52]
[Amended 5-19-2009 by Ord. No. 09-25]
A.
Permit Required. It shall be unlawful for any person to erect, repair,
replace or alter any sign or other advertising structure as defined
in this chapter, except those signs exempted under this section of
this chapter, without first obtaining a building permit.
B.
General Regulations.
(1)
All signs shall be limited to the lot or parcel to be sold or the
premises where the business or service is conducted.
(2)
The maximum permitted area of each sign shall be the size of one
side only. The area of the sign shall include each and every part
of the sign, including moldings and frames. Where the sign is supported
by a post or pylon whose surface is being used for advertising purposes,
the area of the post, pylon or other supporting members shall be considered
as part of the total allowable sign area. Wherever the name or advertising
message on a sign is divided between the number of panels or parts,
all of the panels or parts shall be considered as one sign. Where
a sign consists of individual letters or numbers, the area of the
sign shall be considered as the total area of the smallest rectangle
or rectangle which can enclose all of the letters or numbers.
(3)
Signs erected flat against the side of a building shall not extend
above the height or beyond the sides of the vertical wall or cornice
to which they are attached. Such façade signs shall not extend
from the face of the wall on which it is attached more than eight
inches.
(4)
Where the side or rear of a business structure adjoins a public parking
area or a private parking area intended for the use of the structure
in question, signs may be placed on said side or rear wall to identify
the business use in the structure, subject to the maximum sign requirements
of this chapter.
(5)
No sign or any part thereof shall be located closer than 15 feet
to any lot line.
(6)
Any sign erected in conjunction with a specific use will be removed
upon the discontinuation or removal of that use.
(7)
The following types of signs shall not be permitted in any zone:
(a)
A flashing, fluttering, animated, electronic, LED or rotating
sign.
(b)
Signs with any lighting or control mechanism which may cause
radio or television interference.
(c)
Any sign so erected, constructed or maintained as to obstruct
or be attached to any fire escape, window, door or opening used as
a means of egress or ingress or for firefighting purposes or placed
so as to interfere with any opening required for legal ventilation.
(d)
Any sign which is of such a form, character or shape as to confuse
or dangerously distract the attention of the operator of a motor vehicle.
(e)
Any advertisement which uses a series of two or more signs or
units placed in a line parallel to the highway, or in similar fashion,
all carrying a single advertising message, part of which is contained
on each sign.
(f)
Signs which in any way simulate official, directional or warning
signs erected or maintained by the State of New Jersey, a County or
municipality thereof, or by any railroad or public utility or similar
agency concerned with the protection of the public health or safety.
(g)
Roof signs.
(h)
Signs on railroad or vehicular overpasses.
(i)
Signs with more than two display surfaces, sides or faces, such
as hinged, triangular or box signs.
(j)
Any multiple use of lights, flags or pennants; strings of lights,
flags or pennants; or similar displays to attract attention.
(k)
Signs located in the public right-of-way.
(l)
Signs utilizing neon in such colors or located in such fashion
as to diminish or detract in any way from the effectiveness of any
traffic signal or similar safety or warning device.
(m)
Snipe; bandit signs.
(n)
Any sign nailed, fastened or affixed to any tree.
(o)
Any sign prohibited by State or Federal law.
(p)
Any sign within a site visibility triangle that obstructs a
clear view of pedestrian or vehicular traffic.
(8)
All applications for signs shall be reviewed by the Technical Review
Committee which committee shall advise and make recommendations to
both the Planning Board and Zoning Board of Adjustment.
[Amended 5-19-09 by Ord. No. 09-35]
(9)
Substitution of noncommercial speech for commercial speech. Notwithstanding
anything contained in this section or the Code to the contrary, any
sign erected pursuant to the provisions of this section or the Code
with a commercial message may, at the option of the owner, contain,
a noncommercial message unrelated to the business located on the premises
where the sign is erected. The noncommercial message may occupy the
entire sign face or any portion thereof. The sign face may be changed
from commercial to noncommercial messages, or form one noncommercial
message to another, as frequently as desired by the owner of the sign,
provided that the sign is not a prohibited sign or sign-type and provided
that the size, height, setback and other dimensional criteria contained
in this section and Code have been satisfied.
(10)
Content neutrality as to sign message (viewpoint). Notwithstanding
anything in this section or the Code to the contrary, no sign or sign
structure shall be subject to any limitation based upon the content
(viewpoint) of the message contained on such sign or displayed on
such sign structure.
C.
Exempt Signs Not Requiring Building Permits.
(1)
Nonilluminated signs advertising the sale or rental of the premises
upon which they are situated, provided that such signs do not exceed
four square feet and are removed within a period of seven days after
conclusion of sale or rental transaction. The total number of signs
shall not exceed two.
(2)
Professional signs indicating the name and profession of the occupancy
of a dwelling, provided that such signs do not exceed one square foot.
(3)
Signs inside windows of commercial establishments not covering more
than 10 percent of the total window area. [5-19-09 by Ord. No.
09-35]
(4)
Any signs forbidding trespassing, hunting, fishing, or trapping as
authorized by the fish and game laws.
(5)
Temporary signs as defined in this chapter. Such signs shall be removed
within seven days after the ending of the event for which such temporary
signs had been erected.
(6)
Temporary charitable signs.
(7)
Decorative nonilluminated signs showing the name and/or address of
a house or family.
(8)
Banners, flags, and streamers which announce, or are used as part
of a decorative scheme designed to draw attention to the announcement
of, the opening or reopening of a business venture in commercially
zoned area. Such banners, flags, and streamers shall not be put in
place prior to 14 days before the first day any member of the public
is permitted to enter the business facility, and shall be removed
within 30 days of the first day on which any member of the public
is permitted to enter the business facility. If any portion of this
subsection is determined to be invalid, the remaining portions shall
stay in full force and effect.
(9)
Free expression signs. For each parcel, one free expression sign
not exceeding three square feet in size (sign area) may be displayed.
The free expression sign may be displayed as an attached sign or as
a freestanding sign; if displayed as a freestanding sign, the freestanding
sign shall not exceed three feet in height. A free expression sign
is in addition to any other sign permitted under this section and
is permitted in any zoning district. Only one such sign shall be permitted
on each parcel.
D.
Illumination. Illumination devices, such as but not limited to floor
or spot lights, shall be so placed and so shielded so as to prevent
the rays of illumination thereof from being cast into residential
properties or into a public right-of-way.
E.
Temporary Signs in the Public Right-of-way. No temporary sign shall
be placed, erected, constructed or otherwise located within the public
right-of-way.
F.
Setback from Residential District. When signs in a nonresidential
district are located along the district boundary line of any residential
district, they shall be set back not less than 50 feet from such residential
district boundary line.
G.
Sign Maintenance. Any sign that is or shall become dangerous or unsafe
in any manner whatsoever shall be repaired, made safe and attractive
in conformity with this chapter or shall be removed by the owner,
lessor, agent or occupant of the building, property or land upon which
it is placed or to which it is attached. A written notice shall be
served upon the owner, lessor, agent or occupant of a building, property
or land upon which a dangerous or unsafe sign is located. Said notice
shall require necessary action to be taken within 10 days from the
date of service of the notice upon such person, or within such lesser
time as shall be deemed reasonable in cases where the danger to the
public health, safety and general welfare is too imminent as to require
more immediate abatement. All signs shall be painted and maintained
in good repair at all times. Failure to keep signs painted, illuminated
or in good repair for a period of 12 consecutive calendar months shall
constitute abandonment, and such sign may not then be repaired or
reused and must be removed.
H.
Location of Signs. No sign shall be erected or located to obstruct
the vision of drivers entering a public street; nor shall any sign
be erected which obstructs existing signs on adjacent properties to
a degree that the message contained on the obstructed sign is no longer
visible for a reasonable distance therefrom.
I.
Permitted Signs.
(1)
Residence zones. In any residence zone, the following types of signs
shall be permitted:
(a)
A name or announcement sign accessory to a church or other place
of worship, a public or quasi-public building, a multiple-dwelling
group and any permitted institutional or similar use not exceeding
10 square feet in area. Such sign may only be interior lighted. Not
more than one such sign shall be permitted on a lot.
(b)
A sign which is listed as exempt in this section and under the
same restrictions; nonilluminated signs on new construction sites,
not exceeding 15 square feet in area, and provided that they shall
be removed within seven days after completion of the construction
work.
(c)
Decorative nonilluminated signs showing the name and/or address
of a house or family, not larger than one square foot in area. Not
more than one such sign shall be erected for each dwelling unit, up
to a total of two for any one lot.
(d)
Official signs erected by the municipality, County, State or
Federal government, not to exceed 10 square feet.
(e)
One sign shall be permitted for the purpose of identifying a
multifamily dwelling project of more than three units, but shall not
exceed 20 square feet aggregate of both sides. Said signs shall not
be allowed to project above the ground by more than five feet. Signs
may be illuminated as long as the glare from the lights shines directly
on the sign and does not permit light to emanate beyond the property
lines of the subject site.
(f)
No more than one sign shall be permitted on each lot in connection
with a use or activity permitted in the residential zones.
(2)
Commercial zones.
(a)
All commercial zones (except the B-4 Zone).
[1]
Any sign permitted in the residential zones shall be permitted
in the commercial zones.
[2]
Façade signs. Exterior signs identifying or advertising
the names or uses of the tenants or occupants of the premises may
be affixed to the building and shall occupy no more than 10 percent
of the front façade area of the building. Signs may be placed
on all exposed sides of a building, provided that they do not total
more than the 10 percent maximum limitation of the front façade.
[3]
Canopy signs and awnings.
[a]
A building whose walkways along the front façade
are covered by a permanently installed rigid canopy or other structural
device shall be permitted to hang vertically from the complete underside
of said canopy, one sign for each store in the first floor of the
building. Said sign shall not exceed six square feet in area and shall
not be less than 10 feet above the walks. Such signs may be illuminated,
but shall not overhang any public right-of-way. The canopy shall not
project more than two feet from the structure. The colors that may
be utilized in the canopy and signage shall be compatible with the
color scheme of the entire building.
[b]
Awnings. Awnings shall not extend more than six
inches beyond either side of the window or doorway which they serve.
Awnings may not be more than three feet in maximum height. Letters
contained on awnings may not exceed 12 inches in height and may not
exceed 75 percent of the width of the awning. The colors that may
be utilized in the awning and signage shall be compatible with the
color scheme of the entire building.
[4]
Freestanding signs.
[a]
One freestanding identification sign per lot shall
be permitted in a B-3 Zone only, provided that the aggregate area
of all sides of such sign, in square feet, shall be in accordance
with the following schedule:
Gross Floor Area
(square feet)
|
Aggregate Sign Area
(square feet)
|
---|---|
Under 5,000
|
25
|
5,001 to 15,000
|
50
|
15,001 to 30,000
|
75
|
30,001 to 50,000
|
100
|
50,001 to 100,000
|
150
|
[b]
Any commercial building having over 100,000 square
feet of gross floor area and desiring a larger sign than 150 square
feet shall apply to the municipal agency for approval.
[c]
Such signs shall not exceed a height of 20 feet,
measured from the ground level to the topmost portion of the structure.
Supporting frames for all such signs shall be of permanent materials,
such as steel or concrete.
(b)
B-4 Zone.
[1]
Identification signs (freestanding).
[a]
Freestanding or pylon signs shall be prohibited,
except that one such sign for each 1,000 feet of frontage of the planned
commercial development on a public street, identifying or advertising
the planned commercial development, or its occupants or services,
shall be permitted. Each such sign shall not exceed an aggregate of
both sides of 500 square feet. In addition, multistoried nonretail
commercial buildings built adjunct to a planned commercial development
may be permitted one freestanding or pylon sign to identify the tenants
thereof. This sign shall not exceed an aggregate area of 200 square
feet.
[b]
The height of freestanding or pylon signs shall
not exceed 40 feet above the grade of the centerline of the nearest
public street or roadway and shall be set back at least 25 feet from
the property line.
[c]
No signs shall be located within 200 feet of the
boundary of a residence zone, except that this limitation shall not
apply where a public highway intervenes between a residential zone
and the planned commercial development.
[2]
Store signs (facade). Except as provided above, all exterior
signs identifying or advertising the names or uses of the tenants
or occupants of the planned commercial development shall be affixed
to the buildings and shall occupy no more than 10 percent of the aggregate
of the total exterior wall areas of such buildings. This section should
not be construed to provide individual tenants of multistoried nonretail
commercial buildings with facade signs. Only the nonretail building
itself may be identified in accordance with the requirements of this
section. Directional signs and information signs, such as those identifying
entrances, exits, location of rest rooms and other places of public
convenience, affixed to the buildings shall not be included within
the foregoing 10 percent limitation. No sign affixed to building shall
project beyond the sides or the front of the building or above the
top of any parapet or wall. Interior signs shall be exempted from
this chapter.
[3]
Store signs (canopies). Where walkways are roofed over by a
permanently installed rigid canopy or other structural device, one
sign may be installed on the underside of such canopy for each store
or occupant, provided that the sign is hung perpendicularly to the
facade of the building. The aggregate area of both sides of any such
signs shall not exceed eight square feet in area and shall not be
less than eight feet above any walkway. This provision shall not apply
to signs within an enclosed all-weather shopping mall.
[4]
Roof signs. Roof signing shall be specifically prohibited.
(3)
Industrial and office-research zones.
(a)
Façade sign. Each permitted use may have one identification
sign located on the front façade of the building. Said sign
shall not exceed an area equal to 10 percent of the front façade
of the building and shall not project more than eight inches in front
of the façade.
(b)
Freestanding sign. Each permitted use may have one freestanding
sign on each lot, provided that each sign shall not exceed 50 square
feet in area. The height of a freestanding sign shall not exceed five
feet.
J.
Temporary Sign, Responsibility. There is hereby created as presumption
that any temporary sign was placed by, or at the direction of, the
person, corporation, entity or organization whose name appears on
the temporary sign, as a sponsor of the event or candidate, and such
person, corporation, entity or organization shall be responsible for
its removal in accordance with this article.
K.
Temporary Sign, Private Property. Any temporary sign which has been
placed, erected, constructed, or otherwise located on private property
which has not been removed by the person, corporation, entity or organization
that is responsible for the removal of the same pursuant to the time
prescribed in this article shall be removed by the owner of the property.
L.
Sign Color. Sign colors shall have a consistent design theme throughout
a particular project. The design theme would include style of lettering,
construction, material and lighting. Colors of letters and background
are also important and shall be carefully considered in relation to
the color of the materials or buildings or where the signs are proposed
to be located.
M.
Use of Neon. Utilization of neon signs and borders shall be included
in sign square footage calculations and subject to all signage regulations.
N.
Outdoor Advertising Signs.
(1)
Outdoor advertising signs shall be permitted only on those lots within
the "M-1" Light Industrial Zone and the "M-2" Heavy Industrial Zone
districts in Woodbridge Township which directly abut the New Jersey
Turnpike.
(2)
In addition to being located on lots within the "M-1" and "M-2" zoning
districts which directly abut the New Jersey Turnpike, the following
additional criteria for the location of any outdoor advertising sign
shall be met:
(a)
No outdoor advertising sign shall be located within 750 feet
from any residential zoning district located on its side of the New
Jersey Turnpike, except that the provision shall not apply to any
residential zoning district boundary line located within the New Jersey
Turnpike right-of-way;
(b)
No outdoor advertising sign within 500 feet of an interchange
of the Interstate highway; and
(c)
No outdoor advertising sign shall be located within 1,000 feet
from any other outdoor advertising sign on the same side of the highway.
(3)
Size, height and setback requirements. The design of any outdoor
advertising sign shall meet the following size, height and setback
requirements.
(a)
Each sign face shall not exceed 1,000 square feet in area;
(b)
The maximum width of each sign face shall not exceed 60 feet
and the maximum height of any sign face shall not exceed 25 feet;
(c)
The maximum sign height permitted, measured from the grade of
the paved portion of the New Jersey Turnpike is 65 feet.
O.
Severability.
(1)
Generally. If any part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term or word of this section is declared
unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, the declaration of such unconstitutionality shall not
affect any other part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of this section.
(2)
Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in Subsection O(1), or elsewhere in this section, this code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
(3)
Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in Subsection O(1), or elsewhere in this section, this code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under Subsection B(7). Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subsection B(7) is declared unconstitutional by the valid judgment or decree of any court of jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, phrase, clause, term, or word of Subsection B(7).
(4)
Severability of prohibition of billboards. If any part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term,
or word of this section and/or any other code provisions and/or laws
are declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, the declaration of
such unconstitutionality shall not affect the prohibition on billboards
as contained herein.
A.
General Regulations.
(1)
Off-street parking, unloading and service requirements of this section
shall apply and govern in all zones within the municipality, except
that, if these regulations conflict in the B-4 Zone, the B-4 Zone
requirements shall apply. Except as provided in this section, no application
for a building permit for a building shall be approved unless there
is included with the plan for such building, improvement or use a
plot plan showing the required space reserved for off-street parking,
unloading and service purposes. Plot plans associated with buildings,
structures and facilities used by the general public shall be designed
in accordance with the Barrier-Free Design regulations promulgated
by the State of New Jersey, Department of the Treasury, Division of
Building and Construction.
(2)
Duty to provide and maintain off-street parking and loading. Properties
enjoying nonconformity in terms of the provision of off-street parking
shall not be expanded unless the expansion thereof is provided with
the off-street parking and loading facilities in the amount, and maintained
in the manner, required by this section.
(3)
Circulation.
(a)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways, off-street
parking and loading space.
(b)
Roads, pedestrian walks and open spaces shall be properly related
to existing and proposed buildings and appropriately landscaped.
(c)
Buildings, parking areas and vehicular circulation shall be
arranged so that pedestrian movement is not necessarily exposed to
vehicular traffic.
(d)
Materials and design of paving, lighting fixtures, retaining
walls, fences, curbs, benches, etc., shall be of good appearance and
easily maintained.
(e)
The location and design of pedestrian walks should emphasize
desirable views of new and existing development.
(f)
The maximum separation of private automobiles and service vehicles
shall be provided through the use of separate service lanes, where
reasonably possible.
(g)
Parking facilities shall be designed with careful regard to
orderly arrangement, topography, landscaping and ease of access and
shall be developed as an integral part of an overall site design.
(4)
Required area for each parking space. Each automobile parking space
shall not be less than nine feet wide or less than 18 feet deep, exclusive
of passageways. In addition, there shall be provided adequate interior
driveways to connect each parking space with a public right-of-way.
In the case of a parallel parking space, each space shall not be less
than 10 feet wide or less than 22 feet long. Aisle space shall not
be less than 24 feet wide for two-way 90-degree parking; not less
than 16 feet for one-way 60-degree parking; and not less than 13 feet
for 45 degree one-way parking.
(5)
Provision for proper drainage and maintenance. All off-street parking,
off-street loading and service facilities shall be graded and drained
so as to dispose of all surface water accumulation in a safe manner
while preventing damage to abutting properties and/or public streets.
Except for single-family uses, they shall be surfaced with asphaltic,
bituminous cement or other properly bound pavement which will assure
a surface resistant to erosion. Such drainage and materials shall
be installed as required by the municipal agency and as recommended
by the Municipal Engineer. All such areas shall be at all times maintained
at the expense of the owners thereof in a clean, orderly and dust-free
condition. Industrial areas shall be regulated by the municipal Property
Maintenance Code.
(6)
Separation from walkways and streets. All off-street parking, off-street
loading and service areas shall be separated from walkways, sidewalks,
streets or alleys by curbing or other protective devices where necessary
as required by the municipal agency.
(7)
Private walks adjacent to business buildings. A walkway, if provided,
adjacent to a business building shall not be less than four feet in
width and shall be in addition to the other requirements of this section.
(8)
Site plan. Location and dimensions of pedestrian exits, walks and
walkways shall be indicated on submitted site plans.
(9)
Connection to a public right-of-way. Each off-street parking, loading
or service area shall be connected to a public street right-of-way
by means of a driveway constructed in accordance with at least the
minimum standards required by this chapter.
(10)
Size of driveways. A driveway, exclusive of curb return radii,
shall be not less than 10 feet in width in all residential zones and
not less than 15 feet in all other zones. A curb return radius for
a driveway at its entrance to a public street shall be a minimum of
two feet for single-family residential lots and a minimum of 15 feet
for all other uses. The maximum width of the driveway, exclusive of
curb-to-curb return radii, shall not exceed 40 feet.
(11)
Location of curb cuts. At the intersection of streets, a curb
cut, where required or installed, shall be set back not less than
25 feet from the intersection of two curb lines in all zones; between
the curb cuts for any two driveways serving the same property, there
shall be at least 50 feet. Curb cuts shall be located at least five
feet from abutting property lines in all zones. Curb cut offsets may
be reduced to two feet in all residential zones.
(12)
Off-street parking space within buildings. Garage space or space
within buildings, in basements or on the roofs of buildings may be
used to meet the off-street parking requirements of this chapter,
provided that all requirements regarding this section are met.
(13)
Pavement markings and signs. Each off-street parking space shall
be clearly marked, and pavement directional arrows or signs shall
be provided wherever necessary. Markers, directional arrows and signs
shall be properly maintained so as to ensure their maximum efficiency.
(14)
Lighting. All parking areas, walkways thereto and appurtenant
passageways and driveways serving commercial, public office, industrial,
multifamily and other similar uses having off-street parking and loading
areas and building complexes requiring area lighting shall be illuminated
adequately during the hours between sunset and sunrise when the use
is in operation. The lighting plan in and around the parking areas
shall provide for non-glare, color-corrected lights focused downward.
The light intensity provided at ground level shall be a minimum of
0.5 foot-candle anywhere in the area to be illuminated and shall be
provided by fixtures with a mounting height not to be more than 25
feet, measured from the ground level to the centerline of the light
source or the height of the building if attached, whichever is lower,
and spacing not to exceed five times the mounting height. Any other
outdoor lighting, such as building and sidewalk, illumination, driveways
with no adjacent parking and ornamental light, shall be shown on the
lighting plan in sufficient detail to allow determination of the effects
to adjacent properties, traffic safety and overhead sky glow. The
objective of these specifications is to minimize undesirable off-premises
effects. No light shall shine directly into windows or onto streets
and driveways in such a manner as to interfere with or distract driver
vision. No multiple string lights shall be permitted in any zone to
illuminate or attract, whether in parking areas, display areas or
yard areas. To achieve these requirements, the intensity of such light
sources, light shielding and similar characteristics shall be subject
to site plan approval by the municipal agency.
(15)
Required off-street parking area shall not be reduced. No off-street
parking area shall be reduced in size or encroached upon by building,
vehicle storage, loading or unloading or any other use where such
reduction or encroachment will reduce the off-street parking and loading
spaces that are required under these regulations.
(16)
Parking provided on same lot as main building. Off-street parking
spaces for all uses shall be located on the same lot as the main building
to be served, except as permitted in this section.
(17)
Joint parking facilities. The off-street parking requirements
for two or more neighboring uses may be satisfied by the allocation
of the required number of spaces for each use in a common parking
facility, provided that the number of off-street parking spaces is
not less than the sum of individual requirements, and provided further
that there is compliance with all other provisions of these regulations.
(18)
Sharing of parking facilities. Off-street parking facilities
for one use shall not be considered as providing the required facilities
for any other use, except that one-half of the off-street parking
space required by a use whose peak attendance will be at night or
on Sundays, such as churches, theaters and assembly halls, may be
assigned to a use which will be closed at night or on Sundays. This
provision will only apply with approval of the municipal agency.
(19)
Computing number of employees. For the purpose of this section,
the number of employees shall be computed on the basis on the maximum
number of persons to be employed on any one shift, taking into consideration
day, night and seasonal variations.
(20)
Fractional spaces required. When units of measurements determining
the number of required off-street parking and off-street loading spaces
result in the requirement of a fractional space, any faction up to
and including one-half shall be disregarded. Any units over one-half
will require an additional space.
(21)
Off-street parking and loading space within a required front
setback. In any commercial zone, parking shall be permitted in the
front yard, provided that a five-foot landscaped area is provided
along the front and side lot lines. Within that area, low shrubs,
fences or any combination of screening material shall be utilized
to buffer those areas from public view. No parking shall be permitted
in the front yard in any residential zone, except that parking may
be permitted in the front yard if parked on a driveway; parking shall
be prohibited on any other portion of the property unless specifically
approved for parking by the Zoning Board of Adjustment or Planning
Board. However, the width of the driveway shall not exceed the following
schedule:
Lot Width
(feet)
|
Maximum Paved Width
(feet)
|
---|---|
Up to 49
|
37% of lot frontage
|
50 to 74
|
18
|
75 and over
|
20
|
(22)
Parking for visitors. Parking for visitors only shall be permitted
in the front yard of industrial and office research zones and labeled
as such.
(23)
Paving locations restrictions. Paving for parking, loading or
access thereto, unless otherwise restricted, shall not be permitted
within five feet of any property line, with the exception of all single-family
residential zones, where this distance may be reduced to two feet.
(24)
Other uses of off-street parking spaces prohibited. No required
off-street parking or loading area shall be used for the storage,
sale, repair, dismantling or servicing of any vehicle, equipment,
materials or supplies.
(25)
Parking area site layout. Parking areas shall be divided into
lots separated by appropriate landscaping, where possible. In addition,
driveways and internal roads shall be separated from parking areas
by curbed landscaped islands, where possible. Landscaping for parking
areas, except for single-family residences, shall be subject to approval
as part of the submitted site development plans.
(26)
Shared access. Nothing in this chapter is intended to prohibit
the sharing of access by adjacent uses, provided that the common facility
is a service drive.
(27)
Fire lanes. Where fire lanes are required by the Board of Fire
Commissioners, pavement striping shall be clearly marked and no-parking
signs erected in order to prevent parking within these fire lanes.
B.
Minimum Off-Street Parking Spaces. Off-street parking spaces for
the storage of parking of passenger vehicles of occupants, employees
and patrons of main buildings and structures hereafter erected or
enlarged shall be provided and kept available in amounts not less
than specified in this section.
(1)
Residential uses. The minimum required number of parking spaces to be provided in conjunction with residential uses in any given zone shall be according to the Residential Site Improvement Standards (RSIS), New Jersey Administrative Code — Title 5, Chapter 21.
(2)
Nonresidential uses. The minimum required number of parking spaces
to be provided in connection with nonresidential uses in any given
zone shall be in accordance with the following regulations:
(a)
Auditoriums, recreational establishments or other places of
public assembly, including public schools: one parking space for each
three fixed seats of capacity, or one space for each three memberships
in a swim club, or one parking space for each 100 square feet of gross
floor area in cases where the capacity is not determined by the number
of fixed seats or swim club memberships.
(b)
Bowling alleys: four parking spaces for each lane.
(c)
Clubs: one parking space for each 100 square feet of gross floor
area.
(d)
Hospitals: one parking space for each 300 square feet of gross
floor area.
(e)
Hotels/motels: one parking space per room, plus one parking
space per employee on the maximum shift, plus one parking space per
200 square feet of gross floor area of meeting rooms, restaurants
and cocktail lounges.
(f)
Manufacturing, research, industrial, warehouses, wholesale or
laboratories: one parking space for each employee employed at one
time on the maximum shift, plus 10 percent of the employee spaces
for visitors, not to exceed 20.
(g)
Mortuaries: one parking space for each 25 square feet of floor
area devoted to assembly rooms for services.
(h)
Offices, office buildings, office-research buildings (not including
medical and dental): one parking space for each 300 square feet of
gross floor area, not including stairways and other common areas.
(i)
Offices (medical and dental): one parking space for each 100
square feet of gross floor area.
(j)
Retail home furnishing stores: one parking space for each 500
square feet of gross floor area.
(k)
Restaurants or taverns (non-drive-in or non-fast-food franchise):
one parking space for each 100 square feet of gross floor area.
(l)
Restaurants (drive-in/fast-food): one parking space for each
50 square feet of gross floor area.
(m)
Retail stores, personal services, or custom shops or studios:
one parking space for each 200 square feet of gross floor area.
(n)
Automotive uses, including automotive gasoline stations, automotive
service stations, automotive repair garages, automotive sales and
services, automotive sales lots, and automotive washes: a minimum
of three parking spaces plus one parking space for each six fuel dispensers
plus one parking space for each service bay plus one parking space
for each 1,600 square feet of vehicle display area, plus one space
for each 1,000 square feet of building area devoted exclusively to
vehicle washing.
(o)
Banks: one parking space for each 200 square feet of gross floor
area.
(p)
Police and fire stations and post offices: one space for each
250 square feet of gross floor area.
(q)
Churches, synagogues, mosques and temples: one space for each
two fixed seats, or one for each 72 inches of benches, at capacity,
plus one parking space for each 100 square feet of gross floor area
for assembly and meeting rooms.
(r)
Other uses not specifically listed: the same requirement as
for the most similar listed use, as determined by the Administrative
Officer or one space for each 200 square feet.
(s)
Mixed uses: The total requirement shall be the sum of the requirements
of the component uses computed separately.
(t)
Theaters. Theaters shall provide one parking space for each
two seats.
(u)
Transit Village: Parking is subject to the special conditions
established in the Transit Village Plan.
(v)
Marina and waterfront related uses: one and one-half parking
spaces for each boat slip or mooring and one space for each 300 square
feet of gross floor area of structure contained on the property.
(w)
Day Care Centers — one space for every 300 square feet
of gross floor area of the structure contained on the property.
(x)
Assembly uses: All assembly uses shall be required to provide
parking in accordance with the requirements of this chapter.
[Added 6-10-2008 by Ord.
No. 08-61]
C.
Loading and Unloading.
(1)
General. On the same premises with every building, or part thereof,
erected and occupied for commercial, institutional or other uses similarly
involving the receipt or distribution of vehicles, materials or merchandise,
there shall be provided and maintained on the lot adequate space for
off-street standing, turning, loading and unloading services in order
to avoid interference with public use of the streets, sidewalks and
other public rights-of-way. Commercial development of less than 4,000
square feet of gross floor area shall be required to provide a 12
foot wide loading area.
(2)
Size of space. All required space shall be at least 14 feet in width,
55 feet in length and have a minimum vertical clearance of 15 feet.
In the B-4 Zone the minimum size of a loading space shall be at least
12 feet in width, 35 feet in length and have a minimum vertical clearance
of 14 feet, provided that these specifications may be reasonably varied,
when particular circumstances so require, with the approval of the
municipal agency. Additional space for maneuvering, depending on the
arrangement of the loading facilities, shall be provided. Reductions
in the space size may be made for certain uses as determined by the
municipal agency.
(3)
Number of spaces. Loading and unloading shall be provided according
to the following schedule:
(a)
All zones except B-4 Zone.
Gross Floor Area
(square feet)
|
Spaces Required
|
---|---|
0 to 3,999
|
1 - 12'x20' wide space
|
4,000 to 25,000
|
1
|
25,001 to 50,000
|
2
|
50,001 to 75,000
|
3
|
75,001 to 100,000
|
4
|
Each additional 50,000
|
1 additional
|
(b)
B-4 Zone.
Gross Leasable Area
(square feet)
|
Spaces Required
|
---|---|
0 to 15,000
|
1 -12 foot wide space
|
15,001 to 60,000
|
1
|
60,001 to 150,000
|
2
|
150,001 to 300,000
|
3
|
Each additional 200,000
|
1
|
(4)
Location. Loading and unloading areas shall be permitted only in
the side and rear yards except in the B-4 Zone.
(5)
Screening. Loading facilities shall be screened from public view
by a solid fence and evergreen shrubs not less than six feet high,
unless loading facilities are totally below ground.
D.
Payments in Lieu of Parking (PILOP).
[Adopted 7-7-2009 by Ord.
No. 09-50]
(1)
PILOP agreements. The Woodbridge Planning Board and the Woodbridge
Zoning Board of Adjustment (each referred to as the "Board") shall
be permitted to allow applicants whose projects include insufficient
parking to meet the required zoning standards to enter into an agreement
to make payments in lieu of parking ("PILOP") providing the following
is satisfied:
(a)
Prior to grating a PILOP agreement to an applicant, the Board
shall determine that: (i) the proposed project is in accordance with
the Board's standards for favorable consideration, and (ii) circumstances
exist which makes the granting of a PILOP appropriate after due consideration
of the impact the granting of a PILOP will have on the area surrounding
the project.
(b)
The Board shall exercise due caution and restraint in considering
PILOP agreements and shall limit the number of parking spaces for
which a PILOP is substituted to the minimum amount practicable.
(c)
Nothing in this subsection shall be deemed to serve as an automatic
requirement to grant a PILOP agreement, nor in any way diminish the
Board's ability to grant full or partial parking variances.
(2)
PILOP payments.
(a)
The PILOP shall be $30,000 per parking space for all PILOP agreements
entered into on or after August 1, 2023. This amount is subject to
change, through a properly adopted resolution of the Municipal Council,
to account for changes in the costs associated with creating, improving,
maintaining or upgrading of municipal facilities throughout the Township,
and may vary in amount throughout the different sections of the Township.
[Amended 6-27-2023 by Ord. No. 2023-49]
(b)
The PILOP shall be paid in full prior to the issuance of any
certificate of occupancy by the Township.
(c)
The PILOP shall be paid to The Woodbridge Parking Utility (The
"Parking Utility").
(3)
Use of PILOP. The Parking Utility shall use any PILOP payment as
it deems necessary and appropriate to create, improve, maintain or
upgrade municipal parking facilities throughout the Township.
A.
Purpose. The intention of these requirements is to enhance the aesthetic
and environmental appeal and character of buildings and sites being
developed within the municipality by ensuring the compatibility of
uses, thereby maintaining the health, safety and general welfare of
the community while preserving property values.
B.
General Regulations for All Zones.
(1)
Landscaped areas. All areas in a development not used for construction
of buildings, roads, access ways, parking or sidewalks shall be fully
landscaped in accordance with these regulations.
(2)
Site considerations. Natural site features, such as existing trees,
streams, rock outcroppings, etc., shall be preserved wherever possible.
Whenever such natural features are absent or insufficient or have
been destroyed during the development of the site, additional new
plantings of a sufficient size as determined by the municipal agency
shall be established to provide environmental protection to beautify
the buildings and grounds and to provide privacy, shade and the screening
out of objectionable features created on the site.
(3)
Design. Landscape plans shall be required, except for existing single-and
two-family homes, where no plan is required. A foundation planting
on three sides of the dwelling shall be required for all new construction.
(4)
Labeling. All landscape plans shall have a schedule of the Latin
and common name, the quantity, the size, spacing and method of planting
of each plant material.
C.
Additional Regulations for Non-Single-Family Zones.
(1)
A minimum landscaped area of five feet in width shall be provided
along all property lines, unless otherwise restricted, except that
this distance may be reduced to two and one-half feet in the B-1 Zone.
(2)
All buffers and landscaped areas shall be protected from adjacent
parking areas by curbs, or concrete, metal or wood bumpers at least
six inches in height and securely anchored into the ground.
(3)
Service areas, parking areas, transformer compounds and other strictly
utilitarian improvements shall be screened as fully as practicable.
In general, it is intended that possible objectionable or unsightly
features within a given development shall be screened from passing
traffic or abutting residential properties.
(4)
In the case of a repetition of building designs, as in apartment
house development, care shall be exercised to avoid monotony in the
planting design by introducing sufficient variety in the planting
layout to lend interest and aesthetic appeal. By the same token, excessive
variety shall be avoided, and all shall be represented as a balanced
design with proper accent in the right places.
(5)
All street trees and on-site deciduous shade trees shall not be less
than two and one-half inches in diameter, measured one foot above
the root crown.
(6)
A satisfactory amount of evergreen plant material shall be included
in the planting, this to be judged on an individual basis by the municipality.
(7)
Areas required for buffers shall not be cleared or graded prior to
development approval as outlined in the Land Use and Development Regulations
of the Township of Woodbridge.
(8)
Retaining walls shall not be permitted within buffer areas unless
approved as part of the site plan approval.
(9)
In all zones where non-single-family zone lines abut a single-family
residential zone or use, a buffer shall be established in the above
non-single-family zone as follows:
Zone
|
Buffer
(feet)
|
---|---|
B-1
|
5
|
B-2
|
10
|
B-3
|
25
|
B-4
|
30
|
MF
|
50
|
M-1
|
50
|
M-2
|
50
|
OR
|
50
|
Rt. 27 Area 1
|
10
|
Rt. 27 Area 4
|
10
|
Rt. 27 Area 5
|
10
|
Rt. 27 Area 6
|
10
|
Rt. 27 Area 7
|
10
|
Keasbey Phase II
|
10
|
Keasbey Phase III
|
10
|
Keasbey Area 4
|
10
|
Keasbey Area 5
|
10
|
Rt. 1 Area 1
|
7 to 10
|
Rt. 1 Area 7
|
10
|
Rt. 1 Area 15
|
15
|
AAV
|
10
|
HR
|
10
|
OSC/R
[Added 9-6-2016 by Ord. No. 2016-52] |
12
|
(10)
A buffer area shall be provided along the perimeter of the site.
This buffer area shall be appropriately landscaped so as to generally
enhance the appearance of the site. Where the buffer area is adjacent
to a residential zone, such buffer area shall not contain roads, driveways,
parking areas or signs, and such buffer area shall be appropriately
landscaped, except that this limitation of use shall not apply to
such buffer zone where a public highway exists between the residential
zone and the B-4 Regional Shopping Center Zone.
(11)
In all zones where a multifamily use abuts an existing commercial
zone or use, a 25-foot buffer must be established and maintained by
the multifamily developer, unless such buffer is already established
along the common boundary of that zone or use.
(12)
In all zones where a commercial zone line abuts a multifamily
residential use, a 25-foot buffer must be established and maintained
unless such buffer is already established and maintained along the
common boundary of that use.
(13)
In all zones where a multifamily use abuts an office or industrial
zone or use, a 15-foot buffer shall be established and maintained
unless a greater buffer is already established and maintained along
the common boundary of that zone or use.
D.
Landscape Coverage.
(2)
Landscaped area required. In all nonresidential zones, except the
B-2 Zone, a minimum of 20 percent of the site shall be devoted to
landscaped areas in addition to all required buffers. In calculating
the landscaped areas, the areas of plazas, open pedestrian shopping
malls, sitting areas, pools and fountains shall be included. For purposes
of this subsection, the areas of a paved parking lot shall not be
included for purposes of determining the percentage of the site that
shall be devoted to landscaped areas. There shall be no landscaping
required within the paved parking areas of a parking lot containing
150 spaces or less. In parking lots containing more than 150 spaces,
landscaping may be allowed within the paved parking areas of the parking
lot. The municipal agency shall have the authority to determine the
distribution of the landscaping, except that there shall be no landscaping
required within the paved parking areas of a parking lot 150 spaces
or less. All front yards shall have a minimum of 15 percent landscaped
areas.
(3)
In Route One Redevelopment Areas 1, 7 landscaping shall be 10 percent
required in all parking lot.
[Amended 5-19-2009 by Ord. No. 09-35]
A.
Purpose. The intention of these requirements is to provide standards
for the protection of the health, safety and aesthetic values of adjacent
property.
B.
Intersections. At the intersection of two or more streets, no wall,
fence, hedge or other structure shall be erected to a height in excess
of three feet above curb level, nor shall any other obstruction to
vision be permitted within the triangular area formed by the intersecting
street lines at points which are 25 feet distant from the point of
intersection, measured along said street line. Trees whose branches
are trimmed away to a height of at least 10 feet above curb level
shall be permitted.
C.
On any lot in any residential district, no wall, fence or hedge shall
be erected or altered so that said wall or fence or hedge shall be
over four feet in height in the front yard or over six feet in height
in the side or rear yards, except that tennis court fences may have
a maximum height of 12 feet, except as reviewed and provided for by
permit of the Zoning Officer where circumstances may warrant a deviation.
Tennis courts and front yard fences shall be restricted to open mesh
or other open material as approved by the Construction Official.
D.
Dangerous Fence Material. No fence in any zone shall be erected of
barbed wire or electrified or topped with metal spikes or constructed
of any material or in any manner which may be dangerous to persons
or animals. All chain link fencing shall be knuckled at the top.
E.
Type. Solid architectural fences shall be required along all lot
lines except the street line for all nonresidential lots where said
property lines abut residential zoning district lines. Such architectural
fences may be made of any material which is aesthetically pleasing
and prevents the dissemination of odors, noise, debris and sight across
the residential zoning boundary. Fences used for this purpose shall
be not less than six feet in height. Nothing in this section prevents
the use of plant materials along any lot line in addition to the fence
requirement, but plant materials cannot be substituted for the fence.
Open chain link and chain link with plastic or aluminum slats shall
not be considered to be an architecturally solid fence. A wall or
fence which restricts the natural flow of drainage or causes stagnant
water conditions shall not be permitted. Said wall or fence shall
be ordered removed or corrected by the owner upon direction of the
Construction Official. The approving board shall have the authority
to waive this requirement if a buffer area is landscaped to its requirements.
F.
Maintenance. In any zone, walls or fences erected shall be maintained
in an aesthetically pleasing manner and shall be placed such that
the finished side of the fence faces out toward the adjacent property.
Failure to do so shall be subject to the Construction Official's order
to repair or replace the wall or fence in order to meet the requirements
of this chapter.
G.
Swimming Pools. There shall be a fence, not less than four feet high,
completely enclosing any below-ground swimming pool and any other
swimming pool of 100 square feet of surface water area or more and
which is less than four feet above the ground. Each gate in a pool
fence shall be capable of being locked when not in use.
H.
On corner lots, in single family residential zones, a six foot, solid
architectural fence may be erected along the secondary "front yard"
or side and rear property frontage where the sight triangle for vehicular
and pedestrian traffic is not obstructed and as may be approved by
the Zoning Officer.
[Added 2-21-2017 by Ord.
No. 2017-28]
A.
Purpose. As a condition to approval and as a condition to continuance
of any business or building, process, installation, production or
other use in any zone, the applicant shall supply evidence, satisfactory
to the Construction Official or to his designated representative,
that the proposed building, process, installation, production or other
use will conform fully to all of the applicable performance standards.
As evidence of compliance, the Construction Official may require certification
of tests by appropriate government agencies or by recognized testing
laboratories, any costs thereof to be borne by the applicant. The
Construction Official may require that specific operation procedures
or methods be followed if the government agencies or testing laboratories
examining the proposed operation shall determine that the use of such
specific types of machinery, equipment, devices, procedures or methods
is required in order to assure compliance with the applicable performance
standards.
B.
General Regulations. No use shall be established, maintained or conducted
that will cause any of the following:
(1)
Dissemination of toxic or noxious smoke, fumes, gas, dust, odor or
any other atmospheric pollutant into the air to such a degree as to
be detrimental to the health and welfare of residents in the area,
as determined by state, regional and local requirements.
(2)
Discharge of any waste material whatsoever on the site or into any
watercourse, except in accordance with state, regional and local requirements.
(3)
Dissemination of glare, vibration and/or noise beyond the immediate
site on which such use is conducted and in accordance with applicable
Federal, State or local ordinances establishing noise performance
and vibration standards.
(4)
Hazard by reason of fires, explosion, radiation or similar cause
to property in the same or adjacent zones. Safeguards for the health
and safety of workers shall comply with all applicable regulations
and requirements of the State Department of Labor and Industry.
(5)
All applications shall be examined by the municipality in regard
to the effect of the proposed use upon the public health of the residents
and the surrounding area in respect to any potential pollution of
air resulting from the dissemination of smoke, chemicals, odors or
dust from the industrial processes of the proposed use. A written
report by the applicant indicating the conformance with or violation
of the performance standards shall be submitted to the Construction
Official.
C.
Liquid Wastes. No liquid wastes shall be discharged, directly or
indirectly, into any watercourse in the municipality, except as herein
provided. If the applicant proposes to construct facilities for the
treatment of waste, he shall supply the following:
D.
Storage and Waste Disposal. No materials or waste shall be deposited
upon a lot in such form or manner that they may be transferred off
the lot by natural causes or forces, nor shall any substance which
can contaminate a stream, watercourse or underground aquifer be allowed
to enter any stream, watercourse or underground aquifer. All materials
or wastes which might cause fumes or dust or which constitute a fire
or explosion hazard or which might be edible or otherwise attractive
to rodents or insects shall be stored indoors in appropriate containers
adequate to eliminate such hazards.
E.
Industrial Wastes. No industrial waste shall be discharged into the
public sewage collection and disposal system unless the Municipal
Engineer and the appropriate Sewerage Authority shall have first investigated
the character and volume of such waste and shall have certified in
writing that it will accept the discharge of such waste material into
the system. The applicant shall comply with any requirements of said
authorities, including the pre-treating of such wastes, the installation
of processing methods, separation or screening of wastes, control
of pH and other methods of improving such wastes prior to discharge,
as a condition to acceptance by said authorities.
F.
Additional Standards and References. In order to satisfy itself that
the applicant will comply with all of the applicable performance standards,
the municipal agency or its designated representative may examine
and refer to any or all of the available standards, codes, regulations
and requirements, including but not necessarily limited to:
(1)
Laws, regulations and codes administered by the New Jersey State
Department of Health.
(2)
Laws, regulations and codes administered by the New Jersey Department
of Labor and Industry.
(3)
State of New Jersey Uniform Building Code. Editor's Note: See N.J.S.A.
52:27D-119 et seq.
(4)
Applicable standards of the United States Public Health Service.
(5)
Applicable standards of the Bureau of Mines, United States Department
of the Interior.
(6)
Laws, regulations and codes administered by the New Jersey Department
of Environmental Protection. If there is a conflict of the foregoing
with local codes, the more restrictive shall apply.
[Amended 5-18-2010 by Ord. No. 10-30]
All development within areas of special flood hazard shall be done in accordance with the provisions of Chapter 22 of the Revised General Ordinances of the Township of Woodbridge.
[Amended 2-2-2021 by Ord. No. 21-02]
A.
Policy Statement; Scope and Purpose.
(1)
Policy. Flood control, groundwater recharge, and pollutant reduction
shall be achieved 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.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection 150-82.1B.
(3)
(4)
Compatibility with other permit and ordinance requirements.
(a)
Development approvals issued pursuant to this section 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 section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
This section 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 section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
B.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(2)
(3)
(4)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent 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 word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
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.
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.
An agency designated by the County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
[Amended 4-20-2021 by Ord. No. 21-26]
The 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.
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 enlarge-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,
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 land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
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 impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
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 waterbody or to
a particular point along a receiving waterbody.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
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.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. 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:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a 14-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.
The process by which water seeps into the soil 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.
An individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021;
A combination of paragraphs (2) and (3) above that totals an
area of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more. Major development includes all developments that are
part of a common plan of development or sale (for example, phased
residential development) that collectively or individually meet any
one or more of paragraphs (1), (2), (3) or (4) above. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development."
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 rails 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.
Any city, borough, town, township, or village.
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 section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications 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 section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section 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 section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this State and any state, interstate
or Federal agency.
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, ground waters or surface waters
of the State, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
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);
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, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or 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.
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.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the State's future redevelopment and revitalization efforts.
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 sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any 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 non-stormwater 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.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to State resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
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.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface 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
ground water 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.
C.
Design and Performance Standards for Stormwater Management Measures.
(1)
Stormwater management measures for major development 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.
(2)
The standards in this section apply only to new major development
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
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.
D.
Stormwater Management Requirements for Major Development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 150-82.1J.
(2)
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 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):
(a)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
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.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) may be obtained 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:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
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 IV.D.3 above within the upstream drainage area of the receiving stream that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17) and (18) that were not achievable onsite.
(5)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices 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 at: https://njstormwater.org/bmp manual2.htm.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are
different due to updates or amendments with the tables in this section
the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
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
|
60-80
|
No
|
No
|
—
|
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)
|
50-90
|
Yes
|
No
|
N/A
|
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
|
40-60
|
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
|
50-90
|
Yes
|
No
|
N/A
|
Notes to Tables 1, 2, and 3:
| |
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
|
(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 at Subsection B;
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the 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 municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of green infrastructure at Subsection 150-82.1B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) 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 Subsection D(15)(b) 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 in accordance with Subsection D(4) is granted from Subsection D(15).
(8)
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 or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for 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. 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. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);
(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, 7.4, and 7.5 shall
be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of two and one-half inches
in diameter.
(10)
Manufactured treatment devices may be used to meet the requirements of this subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Section II may be used only under the circumstances described at Subsection D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsections (15), (16), (17) and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsections (16), (17) and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(13)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of Middlesex County Clerk. A form of deed notice shall be submitted to the municipality 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 at Subsections (15), (16), (17) and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plan New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, 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 either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(14)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section 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 municipality for approval and subsequently recorded with the Office of Middlesex County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.
(15)
Green Infrastructure Standards.
(a)
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.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
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 three 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
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), 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 separate or combined 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 at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16)
Groundwater Recharge Standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows:
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual pre-construction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from pre-construction
to post-construction for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
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 or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
[2]
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.
(17)
Stormwater Runoff Quality Standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
(b)
Stormwater management 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:
[1]
Eighty percent TSS removal of the anticipated load,
expressed as an annual average shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an 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 is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
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 Pollutant 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 major development,
including any that discharge into a combined sewer system, shall comply
with paragraph (b) above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
(d)
The 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 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
| |||||
---|---|---|---|---|---|
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
|
(e)
If more than one BMP in series is necessary to achieve the required
80% 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.
|
(f)
Stormwater management 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 that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17) and (18).
(g)
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.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along 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. A person shall not undertake
a major development 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.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(18)
Stormwater Runoff Quantity Standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
[2]
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 two-,
ten- and 100-year storm events 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;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events 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;
or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
E.
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 one of the
following methods:
[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 at: https://www.nrcs.usda.gov/Internet/FSE DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[2]
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations. The rational and modified
rational methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. 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 also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlSt
andardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients 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. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. A runoff coefficient 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 have 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 pre-construction 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.
(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 at:
https://www.nj.gov/dep/nigs/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.
F.
Sources for Technical Guidance.
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department should be
mailed to: The Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
G.
Solids and Floatable Materials Control Standards.
(1)
Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard 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. For exemptions to this standard see Subsection G(1)(b) below.
(a)
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:
[1]
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
[2]
A different grate, if each individual clear space
in that grate has an area of no more than seven square inches, or
is no greater than 0.5 inches 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 system floors used to collect stormwater from the surface
into a storm drain or surface water body.
[3]
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 seven square inches,
or be no greater than two inches across the smallest dimension.
(b)
The standard in G(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
nine square inches;
[2]
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm
as specified in N.J.A.C. 7:8 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:
[a]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[b]
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement of requirements
in the Residential Site Improvement Standards for bicycle safe grates
in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
[4]
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
[5]
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.
H.
Safety Standards for Stormwater Management Basins.
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b) and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the Stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely
affect the hydraulic performance of the outlet pipe or structure;
[3]
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; and
[4]
The trash rack shall be constructed of rigid, durable,
and corrosion resistant material and designed to withstand a perpendicular
live loading of 300 pounds per square foot.
(b)
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:
[1]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than
two inches across the smallest dimension.
[3]
The overflow grate shall be constructed and installed
to be rigid, durable, and corrosion resistant, and shall be designed
to withstand a perpendicular live loading of 300 pounds per square
foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a free-standing outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than two and one-half feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately two and one-half feet below the permanent water surface, and the second step shall be located one to one and one-half feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
(4)
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
I.
Requirements for a Site Development Stormwater Plan.
(1)
Submission of Site Development Stormwater Plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection I(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site Development Stormwater Plan Approval. The applicant's Site
Development project shall be reviewed as a part of the review process
by the municipal board or official from which municipal approval is
sought. That municipal board or official shall consult the municipality's
review 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 section.
(3)
Submission of Site Development Stormwater Plan. The following
information shall be required:
(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 two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade 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. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project Description and Site Plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management 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 for proposed
changes in natural conditions shall also be provided.
(d)
Land Use Planning and Source Control Plan. This plan shall provide
a demonstration of how the goals and standards of Sections III through
V are being met. The focus of this plan shall be to describe how the
site is being developed to meet the objective of controlling groundwater
recharge, stormwater quality and stormwater quantity problems at the
source by land management and source controls whenever possible.
(e)
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, paved or built upon,
proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to control and dispose of stormwater.
[2]
Details of all stormwater management facility designs,
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.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection D of this section.
[2]
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 onsite boring
logs or soil 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.
(g)
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h)
Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through I(3)(f) of this section 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.
J.
Maintenance and Repair.
(2)
General Maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person 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 person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
Responsibility for maintenance 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. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
(g)
The party responsible for maintenance identified under Subsection J(2)(c) above shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and
corrective maintenance for the structural stormwater management measures
incorporated into the design of the development, including a record
of all inspections and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed;
and
[4]
Post a two year maintenance guarantee in accordance with N.JS.A.
40:55D53.
[Added 4-20-2021 by Ord. No. 21-26]
(i)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(3)
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53
K.
Penalties. Any person(s) who erects, constructs, alters, repairs,
converts, maintains, or uses any building, structure or land in violation
of this section shall be subject to the following penalties:
[Added 8-8-2023 by Ord. No. 2023-56]
A.
Purpose.
(1)
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater.
(2)
This section establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately-owned), including residences, in the
Township of Woodbridge to protect the environment, public health,
safety and welfare, and to prescribe penalties for failure to comply.
B.
DE-ICING MATERIALS
IMPERVIOUS SURFACE
PERMANENT STRUCTURE
(1)
(2)
(3)
(4)
(5)
PERSON
RESIDENT
STORM DRAIN INLET
Definitions.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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 word "shall" is always mandatory
and not merely directory.
Means any granular or solid material such as melting salt
or any other granular solid that assists in the melting of snow.
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Means 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 cannot leak;
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.
Means any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Means a person who resides on a residential property where
de-icing material is stored.
Means the point of entry into the storm sewer system.
C.
De-icing Material Storage Requirements.
Temporary outdoor storage of de-icing materials in accordance
with the requirements below is allowed between October 15th and April
15th:
(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;
(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; and
(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 or 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
16th and October 14th.
D.
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 - April 15.
E.
All temporary and/or permanent structures must also comply with all
other applicable local ordinances, including building and zoning regulations.
F.
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 ordinance 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.
G.
Exemptions.
(1)
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.
(2)
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in Subsection C above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
(3)
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
H.
Enforcement.
This section shall be enforced by the Department of Housing
during the course of ordinary enforcement duties.
I.
Violations and Penalties.
Any person(s) who is found to be in violation of the provisions of this section shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall be subject to fines and penalties as set forth in Section 150-97, entitled Violations and Penalties.
Editor's Note: Prior ordinances include Ord. Nos. 99-25; 99-45,
05-33, 05-52, 05-66, 07-45, 12-44, 2016-36, 2016-37. Additional amendments
noted where applicable.
A.
Purpose and Applicability.
[Amended 5-23-2017 by Ord. No. 2017-50]
(1)
Purpose. The purpose of these provisions is to provide a realistic
opportunity for the construction of Woodbridge Township's constitutional
obligation to provide for its fair share of affordable housing for
households with low- and moderate-incomes, as directed by the Superior
Court and is consistent with N.J.A.C. 5:93-1, et seq., as amended
and supplemented by N.J.A.C. 5:80-26.1, et seq. and N.J.S.A. 52:27D-301
et seq.
(2)
Applicability. The provisions of this Ordinance shall apply:
(a)
To all affordable housing developments and affordable housing
units that currently exist within Woodbridge Township;
(b)
To all affordable housing developments and affordable housing
units that are proposed to be created pursuant to the Woodbridge Township
Housing Plan Element and Fair Share Plan; and,
(c)
To all other affordable housing developments and housing units
that are created pursuant to actions by Woodridge Township, its Redevelopment
Agency, its Planning Board, or its Zoning Board of Adjustment.
B.
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGENCY
AGE-RESTRICTED UNIT
ALTERNATIVE LIVING ARRANGEMENT
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
MULTIFAMILY RESIDENTIAL DEVELOPMENT
NON-EXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
UHAC
VERY LOW-INCOME HOUSEHOLD
VERY LOW-INCOME UNIT
WEATHERIZATION
Definitions. The following terms, when used in this Ordinance, shall
have the following meanings:
[Amended 5-23-2017 by
Ord. No 2017-50]
Means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.)
Means constructed in compliance with the technical design
standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
Means the entity designated by the Township to administer
affordable units in accordance with this Ordinance, N.J.A.C. 5:93,
and UHAC (N.J.A.C. 5:80-26).
Means a regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
Means the average percentage of median income at which new
restricted units in an affordable housing development are affordable
to low- and moderate-income households.
Means a sales price or rent level that is within the means
of a low- or moderate-income household as defined within N.J.A.C.
5:93-7.4, and, in the case of an ownership unit, that the sales price
for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6,
as may be amended and supplemented, and, in the case of a rental unit,
that the rent for the unit conforms to the standards set forth in
N.J.A.C. 5:80-26.12, as may be amended and supplemented.
Means a development included in or approved pursuant to the
Housing Element and Fair Share Plan or otherwise intended to address
the Township's fair share obligation, and includes, but is not limited
to, an inclusionary development, a municipal construction project
or a 100 percent affordable housing development.
Means any mechanism in a municipal Fair Share Plan prepared
or implemented to address a municipality's fair share obligation.
Means a housing unit proposed or created pursuant to the
Act and approved for crediting by COAH, its successor entity, or the
Court and/or funded through an affordable housing trust fund.
Means the New Jersey Housing and Mortgage Finance Agency
established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
Means a housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development wherein the unit
is situated are 62 years of age or older; or 2) at least 80 percent
of the units are occupied by one person who is 55 years of age or
older; or 3) the development has been designated by the Secretary
of the U.S. Department of Housing and Urban Development as "housing
for older persons" as defined in Section 807(b)(2) of the Fair Housing
Act, 42 U.S.C. § 3607.
Means a structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to: transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the DCA; residential health care
facilities as regulated by the New Jersey Department of Health; group
homes for the developmentally disabled and mentally ill as licensed
and/or regulated by the New Jersey Department of Human Services; and
congregate living arrangements.
Means a facility that is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
Means a household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
Means the Council on Affordable Housing, as established by
the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301, et seq.) or
its successor entity.
Means the State of New Jersey Department of Community Affairs.
Means a housing unit with health and safety code violations
that requires the repair or replacement of a major system. A major
system includes weatherization, roofing, plumbing (including wells),
heating, electricity, sanitary plumbing (including septic systems),
lead paint abatement and/or load bearing structural systems.
Means any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
included in a proposed development including the holder of an option
to contract to purchase, or other person having an enforceable proprietary
interest in such land.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1, et seq.
Means money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
Means the assessed value of a property divided by the current
average ratio of assessed to true value for the municipality in which
the property is situated.
Means a development containing both affordable units and
market rate units. This term includes, but is not limited to: new
construction, the conversion of a non-residential structure to residential
use and the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
Means a household with a total gross annual household income
equal to 50 percent or less of the regional median income per household
by household size.
Means a restricted unit that is affordable to a low-income
household.
Means the primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement and load bearing structural
systems.
Means housing not restricted to low- and moderate-income
households that may sell or rent at any price.
Means the median income by household size for the applicable
housing region, as adopted annually by COAH or a successor entity
approved by the Court.
Means a household with a total gross annual household income
in excess of 50 percent but less than 80 percent of the regional median
income per household by household size.
Means a restricted unit that is affordable to a moderate-income
household.
Means a residential development that is located in buildings
that contain five or more dwelling units, including, but not limited
to, dwelling units that are located one over another, garden apartments,
townhouse developments, multistory apartment or condominium buildings,
and mixed-use developments containing a combination of non-residential
and residential uses.
Means any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
Means a process by which currently income-eligible households
are selected for placement in affordable housing units such that no
preference is given to one applicant over another except for purposes
of matching household income and size with an appropriately priced
and sized affordable unit (e.g., by lottery).
Means the maximum housing value in each housing region affordable
to a four-person household with an income at 80 percent of the regional
median as defined by duly adopted Regional Income Limits published
annually by COAH or a successor entity.
Means the repair, renovation, alteration or reconstruction
of any building or structure, pursuant to the Rehabilitation Subcode,
N.J.A.C. 5:23-6.
Means the gross monthly cost of a rental unit to the tenant,
including the rent paid to the landlord, as well as an allowance for
tenant-paid utilities computed in accordance with allowances published
by DCA for its Section 8 program. In assisted living residences, rent
does not include charges for food and services.
Means a dwelling unit, whether a rental unit or an ownership
unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as amended and supplemented, but does not include a market-rate unit
financed under UHORP or MONI.
Means the Uniform Housing Affordability Controls set forth
in N.J.A.C. 5:80-26, et seq.
Means a household with a total gross annual household income
equal to 30 percent or less of the regional median income per household
by household size for the applicable housing region.
Means a restricted unit that is affordable to a very low-income
household.
Means building insulation (for attic, exterior walls and
crawl space), siding to improve energy efficiency, replacement storm
windows, replacement storm doors, replacement windows and replacement
doors, and is considered a major system for purposes of a rehabilitation
program.
C.
Requirements for Affordable Housing in Multifamily Residential Developments.
All development approvals for new multi-family residential development
in the Township shall include a set-aside for affordable housing as
described herein.
[Amended 4-18-2017 by Ord. No. 2017-44]
(1)
Purpose. The purpose of these provisions is to supplement the provisions of Section 150-83 with a planning and implementation mechanism for determining the requirements for affordable housing in multifamily development in accordance with the Woodbridge Township Housing Plan Element and Fair Share Plan.
(2)
Applicability and Exemptions. These requirements shall apply to all
approvals for multifamily residential development granted by the Woodbridge
Township Planning Board or Zoning Board of Adjustment, including approvals
of use or density variances, site plans, or subdivisions, and redevelopment
projects subject to a redevelopment plan adopted by the Township governing
body governing the development and redevelopment of designated areas
in need of rehabilitation or areas in need of redevelopment in the
Township, including substantial revisions to previously approved developments,
shall be made subject to the mandatory provision of affordable housing
as set forth in this section. A substantial revision to a development
approval shall, for the purposes of these affordable housing regulations,
be any revision that increases the number of residential units by
five or more units.
(3)
Definition of Multifamily. For the purposes of this section, multifamily
residential development shall mean residential development that is
located in buildings that contain five or more dwelling units, including,
but not limited to, dwelling units that are located one over another,
garden apartments, townhouse developments, multistory apartment or
condominium buildings, and mixed-use developments containing a combination
of non-residential and residential uses.
(4)
Set-Aside Requirements for Multifamily Development. All development
approvals for multifamily residential development shall provide an
affordable set-aside of 15 percent of the residential units in the
development.
(a)
When the application of the 15 percent set-aside requirement
results in a set-aside requirement that is not a whole number, the
set-aside requirement shall be rounded up to the next whole number.
(b)
At the developer's option, or per the terms of a developer or
redeveloper agreement with the Township, the developer may provide
an affordable housing set-aside of greater than 15 percent.
(c)
A developer of a multi-family residential development may provide
a payment-in-lieu-of-construction to fund the construction of affordable
housing on another site within the Township in lieu of providing those
units on site up to a maximum of two-thirds of the required 15 percent
set-aside.
[1]
The ability to provide a payment-in-lieu-of-construction to
fund the construction of a portion of the required 15 percent set-aside
on another site within the Township and the specific ratio of the
units provided on site or by a payment in lieu of construction shall
be determined by the application of the Point-Based System for Determining
Onsite Requirements, as detailed in this ordinance.
[2]
Developers of sites listed in the Housing Plan Element and Fair
Share Plan shall provide all of the required 15 percent set-aside
on site and not be eligible for a payment in lieu of construction
except as may be specified in any developer or redeveloper agreement
executed prior to the Order entered by the Court on August 20, 2015,
imposing a scarce resource restraint on the Township.
(5)
Point-Based System for Determining On-site Affordable Housing Requirements
and Eligible Payments in Lieu of Construction. A developer's ability
to provide a payment-in-lieu-of-construction to fund the construction
of affordable housing on another site within the Township rather than
provide such units on site shall be determined by means of a Point-Based
System for Determining Onsite Requirements. The following provisions
shall regulate the Point-Based System for Determining On-site Requirements:
(a)
The Estimated Point Value Maps included in the Township's Housing
Element and Fair Share Plan shall serve as the basis for determining
the initial point value for establishing the applicable ratio of on-site
set-aside and eligible payment-in-lieu of construction.
(b)
Site-Specific Determination of Accumulated Point Values. The
Township shall be responsible for determining the specific number
of points allocated to a site or development through the application
of the Point-Based System for Determining On-site Requirements according
to the methodology presented in this Ordinance. The Township shall
provide the site-specific point total to the Woodbridge Township Planning
Board or Woodbridge Township Zoning Board as applicable as part of
the Board's review of an application for multi-family residential
development. The Township shall verify and approve all calculations
of total points according to the methodology presented in this ordinance.
(c)
Methodology for Calculating Accumulated Points. Accumulated
points shall be calculated in accordance with the following provisions:
[1]
Points shall be accumulated based on the proximity of a particular
development site to public transportation, employment hubs, mixed-use
development, retail uses, schools, and recreation and other community
facilities. In every application of the Point-Based System for Determining
On-site Requirements, all of the following point criteria shall be
assessed:
[a]
Bus stop with service on one route within one-quarter
mile of development site: 0.75 point. For points to be awarded for
more than one bus stop of any type, service on more than one route
or in more than one direction must be provided.
[b]
Bus stop with service on more than one route within
one-quarter mile of development site: 1.25 points. For points to be
awarded for more than one bus stop of any type, service on more than
one route or in more than one direction must be provided.
[c]
Bus stop with service on one route within half-mile
of development site: 0.50 point. For points to be awarded for more
than one bus stop of any type, service on more than one route or in
more than one direction must be provided.
[d]
Bus stop with service on more than one route within
one-half mile of development site: 1.00 point. For points to be awarded
for more than one bus stop of any type, service on more than one route
or in more than one direction must be provided.
[e]
Train station within one-quarter mile of development
site: 10.00 points.
[f]
Train station within one-half mile of development
site: 5.00 points.
[g]
Train station within one mile of development site:
2.50 points.
[h]
Existing continuous sidewalks and crosswalks provided
from site and extending for at least one-half mile of development
site: 1.50 points.
[i]
Shopping center within one-quarter mile of development
site: 1.00 point.
[j]
Shopping center on adjacent site: 2.00 points.
[k]
Employment hub within one-half mile of development site: 0.25 point per estimated or actual 1,000 jobs. Jobs may be estimated in accordance with the provisions of Section 150-83C(5)(c)[4], or, when available from the employer, an actual number of jobs may be used.
[l]
Employment hub on adjacent site of development site: 0.50 point per estimated or actual 1,000 jobs. Jobs may be estimated in accordance with the provisions of Section 150-83C(5)(c)[4], or, when available from the employer, an actual number of jobs may be used.
[m]
Mixed-use development planned on a development
site shall yield 1.00 to 4.00 points according to number of use types
that are or will be located on site, as follows: 1.00 point for four
to seven uses; 2.00 points for eight to eleven 11 uses; 3.00 points
for 12 to 19 uses; 4.00 points for 20 or more uses. For the purpose
of this calculation, eligible use types shall include those uses that
provide shopping and community service options to the residents of
the development, including but not limited to such uses as banks,
restaurants, retail stores, dry cleaners and similar establishments,
recreation uses, as well as public uses such as post offices, municipal
services, or similar uses.
[n]
Public park, open space area, or other recreational
facility within one-half mile of development site: 1.00 point.
[o]
Public park, open space area, or other recreational
facility on adjacent site: 2.00 points.
[p]
Public school within one-half mile of development
site: 1.00 point.
[q]
Public school within one-quarter mile of development
site: 1.50 points.
[r]
Public school on adjacent site: 2.00 points.
[2]
The proximity of a development site to a particular feature
shall be performed by means of Geographic Information Systems (GIS)
software, Computer-Aided Design (CAD) software, or similar tools.
[3]
The distances provided in this Ordinance represent distances
from the development site, and must be safely walkable or accessible
by bicycle or another means of non-motorized transportation. As such,
proximity analyses that simply measure the area within a radius of
the development site's boundary or center are unacceptable. Proximity
shall be measured along suitable transportation routes (e.g., sidewalks,
bicycle-suitable roadways, multipurpose trails) that extend in all
directions from a site.
[4]
Estimation of Jobs. For the purpose of estimating the number
of jobs in relation to point criteria for proximity to employment
hubs, jobs shall be estimated by applying the following multipliers
to the estimated gross floor area occupied by each of the following
uses:
[a]
Offices, banks, outpatient clinics, car showrooms
and similar uses: Three jobs per 1,000 square feet.
[b]
Stores, strip malls, gas stations and similar uses:
One job per 1,000 square feet.
[c]
Factories: Two jobs per 1,000 square feet.
[d]
Warehouses and similar uses: Two-tenths (0.2) job
per 1,000 square feet.
[e]
Theaters and concert halls and similar uses: Two
jobs per 1,000 square feet.
[f]
Restaurants, night clubs, taverns and similar uses:
Three jobs per 1,000 square feet.
[g]
Libraries, lecture halls, arcades, galleries, bowling
alleys, funeral parlors, gymnasiums, museums and similar uses: Three
jobs per 1,000 square feet.
[h]
Arenas, skating rinks, pools and similar uses:
Three (3) jobs per 1,000 square feet.
[i]
Schools and similar uses: One job per 1,000 square
feet.
[j]
Hospitals, nursing homes, assisted living facilities
and similar uses: Two jobs per 1,000 square feet.
[k]
Hotels and motels: Eight-tenths (0.8) job per 1,000
square feet.
[5]
The sum of accumulated points shall be rounded to the nearest whole number. The sum of accumulated points is used to determine set-aside requirements in accordance with Section 150-83C(4)(c).
(d)
Accumulated Points and Set-Aside Requirements. The sum of accumulated points for a particular development site is rounded to the nearest whole number and used to determine the minimum on-site set-aside requirement and the maximum permissible off-site set-aside, which shall be provided in the form of payments-in-lieu-of-construction in accordance with Section 150-83C(7). The total of the on-site set-aside and off-site set-aside provided by payments in lieu of construction shall equal 15 percent of total number of units in the Development, Rounded up to next whole number. Permissible on-site and off-site set-asides are described below:
(6)
Zoning Enhancement Areas. In certain areas, which are depicted in Attachment A, Multifamily Zoning Enhancement Area Mapping, multifamily development shall be permitted as an option in addition to the underlying zoning. Multifamily development in these areas shall be provided in accordance with the provisions of Attachment B, Standards for Multifamily Zoning Enhancement Areas. In the event that Chapter 150, Land Use and Development, Article III, Zoning Standards is, subsequent to the adoption of this ordinance, amended to permit multifamily development in the underlying zones of the Multifamily Zoning Enhancement Areas that are depicted in Appendix A, the specific provisions of Chapter 150, Land Use and Development, Article III, Zoning Standards, shall apply. All multifamily residential development in Zoning Enhancement Areas shall provide an affordable set-aside of 15 percent of the residential units in the development and all such affordable units shall be provided on site. All other zoning provisions of Chapter 150, Land Use and Development, Article III, Zoning Standards, governing these districts shall remain in effect. All single-family residential districts, regardless of the accumulated point value for that district are explicitly excluded from the provisions of this section and shall not be included as zoning enhancement areas.
Editor's Note: Attachment A, Multifamily Zoning Enhancement
Area Mapping and Attachment B, Standards for Multifamily Zoning Enhancement
Areas may be found on file in the Township office.
(7)
Payment-in-Lieu-of-Construction.
(a)
It is the intention of the Township to recover payments-in-lieu-of-construction,
made in accordance with this section, in an amount which shall make
realistically possible the construction of an affordable housing unit.
Such payments shall be calculated by determining the incremental cost
of constructing affordable units to the development if such units
were to be part of the multifamily development from which the payment-in-lieu-of-construction
is received. For purposes of this section, the incremental cost shall
be the average cost of construction of one bedroom, two bedroom and
three bedroom affordable units, less land costs and other fixed costs
such as site improvements, infrastructure costs including water and
sewer, "soft costs," and the like, which would otherwise be incurred
in the development.
(b)
The total amount of the payment shall be determined on the number
of one bedroom, two bedroom and three bedroom affordable units which
otherwise would be required to be constructed on site in accordance
with governing law respecting bedroom distribution.
(c)
The Township reserves the right to negotiate a higher payment-in-lieu-of-construction
in the event there are special circumstances or other conditions that
warrant a higher payment-in-lieu-of-construction.
(d)
The calculation of payments-in-lieu-of-construction shall be
made by the Township's Chief Financial Officer (CFO) with the assistance,
at the CFO's discretion, of the Woodbridge Redevelopment Agency (WRA)
(irrespective of whether the development is part of a redevelopment
area).
(e)
Collection of payments-in-lieu-of-construction shall be in accordance
with the following schedule:
[1]
First payment: Fifty (50) percent at the time of Building Permit.
[2]
Second payment: Fifty (50) percent at the time of the first
Certificate of Occupancy (CO).
[3]
Reconciliation payment: Six (6) months after the issuance of
the final CO.
[4]
The first payment and the second payment shall be calculated
on the estimated incremental cost of an affordable unit as set forth
in a pro forma which shall be submitted by the developer to the CFO
and Construction Official with the application for a building permit
and certificate of occupancy, as the case may be.
[5]
The reconciliation payment shall be calculated on the basis
of the actual incremental cost of the construction of affordable units
as set forth in audited construction costs submitted by the developer
to the CFO. The developer shall submit the audited construction costs,
and any reconciliation payment due, to the CFO within six months of
the issuance of a final certificate of occupancy. The CFO will review
the developer's submission and either accept it, direct a further
submission, or direct payment of an additional amount within 30 days.
[6]
No building permit or certificate of occupancy shall be issued
unless the payments-in-lieu-of-construction provided by this section
shall have been made.
[7]
Any reconciliation payment not timely made to the CFO within
six months of the issuance of a final certificate of occupancy shall
be subject to a late fee of 15 percent per annum on the overdue amount.
D.
Certificates of Occupancy. Certificates of occupancy for developments
which include affordable housing units shall be subject to the following
additional provisions:
[Amended 5-23-2017 by Ord. No. 2017-50]
(1)
Phasing Schedule for Inclusionary Development. Affordable housing
units shall be built, occupied and receive certificates of occupancy
in accordance with the following schedule:
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
---|---|
25
|
0
|
25+1
|
10
|
50
|
50
|
75
|
75
|
90
|
100
|
(2)
No initial occupancy of a low- or moderate-income housing sales unit
shall be permitted prior to issuance of a certificate of occupancy,
and no certificate of occupancy for initial occupancy of a low- or
moderate-income housing sales unit shall issue unless there is a written
determination by the Administrative Agent that the unit is to be controlled
by a deed restriction and mortgage lien as required by UHAC.
(3)
A certificate of reoccupancy for any occupancy of a low- or moderate-income
housing sales unit resulting from a resale shall be required, and
the Township shall not issue such certificate unless there is a written
determination by the Administrative Agent that the unit is to be controlled
by the deed restriction and mortgage lien required by UHAC.
(4)
The certificate of reoccupancy shall not be required where there
is a written determination by the Administrative Agent that controls
are allowed to expire or that the repayment option is being exercised
pursuant to N.J.A.C. 5:92-12.3.
E.
Administration.
[Amended 5-23-2017 by Ord. No. 2017-50]
(1)
Municipal Housing Liaison.
(a)
Woodbridge Township shall appoint a specific municipal employee
to serve as a Municipal Housing Liaison responsible for administering
the affordable housing program, including affordability controls,
the Affirmative Marketing Plan, monitoring and reporting, and, where
applicable, supervising any contracted Administrative Agent. Woodbridge
Township shall adopt an Ordinance creating the position of Municipal
Housing Liaison. Woodbridge Township shall adopt a resolution appointing
a Municipal Housing Liaison. The Municipal Housing Liaison shall be
appointed by the governing body and may be a full or part time municipal
employee. The Municipal Housing Liaison shall be approved by COAH,
its successor entity, or the Court and shall be duly qualified through
a training program sponsored by Affordable Housing Professionals of
New Jersey before assuming the duties of Municipal Housing Liaison.
(b)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Woodbridge
Township, including the following responsibilities which may not be
contracted out to the Administrative Agent:
[1]
Serving as Woodbridge Township's primary point of contact for
all inquiries from the State, affordable housing providers, Administrative
Agents and interested households;
[2]
Monitoring the status of all restricted units in Woodbridge
Township's Fair Share Plan;
[3]
Compiling, verifying submitting, and posting all of the required
annual monitoring reports in accordance with all applicable statutes
and regulations in effect at the time;
[4]
Coordinating meetings with affordable housing providers and
Administrative Agents, as needed; and,
[5]
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing at least
annually and more often as needed.
(c)
Subject to the approval of COAH, its successor entity, or the
Court, Woodbridge Township shall designate one or more Administrative
Agent(s) to administer newly constructed affordable units in accordance
with the UHAC. An Operating Manual for each affordable housing program
shall be provided by the Administrative Agent(s) to be adopted by
resolution of the governing body and subject to approval of COAH,
its successor entity, or the Court. The Operating Manual(s) shall
be available for public inspection in the office of the Township Clerk,
in the office of the Municipal Housing Liaison, and in the office(s)
of the Administrative Agent(s). The Municipal Housing Liaison shall
supervise the contracting Administrative Agent(s).
(2)
Administrative Agent.
(a)
The Administrative Agent shall be an independent entity serving
under contract and reporting to the municipality. The fees of the
Administrative Agent shall be paid by the owners of the affordable
units for which the services of the Administrative Agent are required.
The Administrative Agent shall perform the duties and responsibilities
of an Administrative Agent as set forth in the UHAC, including those
set forth in Sections 5:80-26.14, .16 and .18 thereof, which includes:
[1]
Affirmative Marketing:
[a]
Conducting an outreach process to affirmatively
market affordable housing units in accordance with the Affirmative
Marketing Plan of Woodbridge Township and the provisions of N.J.A.C.
5:80-26.15; and
[b]
Providing counseling or contracting to provide
counseling services to low- and moderate-income applicants on subjects
such as budgeting, credit issues, mortgage qualification, rental lease
requirements, and landlord/tenant law.
[2]
Household Certification:
[a]
Soliciting, scheduling, conducting and following
up on interviews with interested households;
[b]
Conducting interviews and obtaining sufficient
documentation of gross income and assets upon which to base a determination
of income eligibility for a low- or moderate-income unit;
[c]
Providing written notification to each applicant
as to the determination of eligibility or non-eligibility;
[d]
Requiring that all certified applicants for restricted
units execute a certificate substantially in the form, as applicable,
of either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
[e]
Creating and maintaining a referral list of eligible
applicant households living in the housing region and eligible applicant
households with members working in the housing region where the units
are located; and
[f]
Employing a random selection process as provided
in the Affirmative Marketing Plan of Woodbridge Township when referring
households for certification to affordable units.
[3]
Affordability Controls:
[a]
Furnishing to attorneys or closing agents forms
of deed restrictions and mortgages for recording at the time of conveyance
of title of each restricted unit;
[b]
Creating and maintaining a file on each restricted
unit for its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
[c]
Ensuring that the removal of the deed restrictions
and cancellation of the mortgage note are effectuated and properly
filed with the Middlesex County Register of Deeds or Middlesex County
Clerk's office after the termination of the affordability controls
for each restricted unit;
[d]
Communicating with lenders regarding foreclosures;
and
[e]
Ensuring the issuance of Continuing Certificates
of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
[4]
Resales and Rerentals:
[a]
Instituting and maintaining an effective means
of communicating information between owners and the Administrative
Agent regarding the availability of restricted units for resale or
rerental; and
[b]
Instituting and maintaining an effective means
of communicating information to low- and moderate-income households
regarding the availability of restricted units for resale or rerental.
[5]
Processing Requests from Unit Owners:
[a]
Reviewing and approving requests for determination
from owners of restricted units who wish to take out home equity loans
or refinance during the term of their ownership that the amount of
indebtedness to be incurred will not violate the terms of this Ordinance;
[b]
Reviewing and approving requests to increase sales
prices from owners of restricted units who wish to make capital improvements
to the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the depreciated cost of central air-conditioning
systems;
[c]
Notifying the municipality of an owner's intent
to sell a restricted unit; and
[d]
Making determinations on requests by owners of
restricted units for hardship waivers.
[6]
Enforcement:
[a]
Securing annually from the municipality a list
of all affordable housing units for which tax bills are mailed to
absentee owners, and notifying all such owners that they must either
move back to their unit or sell it;
[b]
Securing from all developers and sponsors of restricted
units, at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
[c]
The posting annually in all rental properties,
including two-family homes, of a notice as to the maximum permitted
rent together with the telephone number of the Administrative Agent
where complaints of excess rent or other charges can be made;
[d]
Sending annual mailings to all owners of affordable
dwelling units, reminding them of the notices and requirements outlined
in N.J.A.C. 5:80-26.18(d)4;
[e]
Establishing a program for diverting unlawful rent
payments to the municipality's Affordable Housing Trust Fund; and
[f]
Creating and publishing a written operating manual
for each affordable housing program administered by the Administrative
Agent, to be approved by the Township Committee and COAH, its successor
entity, or the Court, setting forth procedures for administering the
affordability controls.
[7]
Additional Responsibilities:
[a]
The Administrative Agent shall have the authority
to take all actions necessary and appropriate to carry out its responsibilities
hereunder;
[b]
The Administrative Agent shall prepare monitoring
reports for submission to the Municipal Housing Liaison in time to
meet any monitoring requirements and deadlines imposed by COAH, its
successor entity, or the Court; and
[c]
The Administrative Agent shall attend continuing
education sessions on affordability controls, compliance monitoring,
and affirmative marketing at least annually and more often as needed.
(3)
Affirmative Marketing Requirements.
(a)
Woodbridge Township shall adopt by resolution and Affirmative
Marketing Plan, subject to approval of COAH, its successor entity,
or the Court that is compliant with N.J.A.C. 5:80-26.15, as may be
amended and supplemented.
(b)
The Affirmative Marketing Plan is a regional marketing strategy
designed to attract buyers and/or renters of all majority and minority
groups, regardless of race, creed, color, national origin, ancestry,
marital or familial status, gender, affectional or sexual orientation,
disability, age or number of children to housing units that are being
marketed by a developer, sponsor or owner of affordable housing. The
Affirmative Marketing Plan is intended to target those potentially
eligible persons who are least likely to apply for affordable units
in that region. It is a continuing program that directs marketing
activities toward Housing Region 3 and is required to be followed
throughout the period of restriction.
(c)
The Affirmative Marketing Plan shall provide a regional preference
for all households that live and/or work in Housing Region 3, comprised
of Hunterdon, Middlesex and Somerset counties.
(d)
The municipality has the ultimate responsibility for adopting
the Affirmative Marketing Plan and for the proper administration of
the Affirmative Marketing Program, including initial sales and rentals
and resales and rerentals. The Administrative Agent designated by
the Township shall implement the Affirmative Marketing Plan to assure
the affirmative marketing of all affordable units.
(e)
In implementing the Affirmative Marketing Plan, the Administrative
Agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
(f)
The Affirmative Marketing Plan shall describe the media to be
used in advertising and publicizing the availability of housing. In
implementing the Affirmative Marketing Plan, the Administrative Agent
shall consider the use of language translations where appropriate.
(g)
The affirmative marketing process for available affordable units
shall begin at least four months (i.e., 120 days) prior to the expected
date of occupancy.
(h)
Applications for affordable housing shall be available in several
locations, including, at a minimum, the county administration building
and the county library for each county within the housing region;
the Woodbridge Township Municipal Building and the Woodbridge Public
Library; and the developer's rental office. Applications shall be
mailed to prospective applicants upon request.
(i)
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
(4)
Occupancy Standards.
(a)
In referring certified households to specific restricted units,
the Administrative Agent shall, to the extent feasible and without
causing an undue delay in the occupancy of a unit, strive to:
(5)
Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
(a)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this Ordinance for a period of at least 30 years, until Woodbridge
Township takes action to release the unit from such requirements;
prior to such action, a restricted ownership unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(b)
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(c)
Prior to the issuance of the initial certificate of occupancy
for a restricted ownership unit and upon each successive sale during
the period of restricted ownership, the Administrative Agent shall
determine the restricted price for the unit and shall also determine
the non-restricted, fair market value of the unit based on either
an appraisal or the unit's equalized assessed value without the restrictions
in place.
(d)
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the Administrative Agent a recapture
note obligating the purchaser (as well as the purchaser's heirs, successors
and assigns) to repay, upon the first non-exempt sale after the unit's
release from the restrictions set forth in this Ordinance, an amount
equal to the difference between the unit's non-restricted fair market
value and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
(e)
The affordability controls set forth in this Ordinance shall
remain in effect despite the entry and enforcement of any judgment
of foreclosure with respect to restricted ownership units.
(f)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all Code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
(6)
Price Restrictions for Restricted Ownership Units, Homeowner Association
Fees and Resale Prices.
(a)
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
[1]
The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent;
[2]
The Administrative Agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards;
[3]
The master deeds of inclusionary developments shall provide
no distinction between the condominium or homeowner association fees
and special assessments paid by low- and moderate-income purchasers
and those paid by market purchasers; and
[4]
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of anticipated capital improvements. Eligible capital improvements
shall be those that render the unit suitable for a larger household
or the addition of a bathroom.
(7)
Buyer Income Eligibility.
(a)
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50 percent of
median income and moderate-income ownership units shall be reserved
for households with a gross household income less than 80 percent
of median income.
(b)
Notwithstanding the foregoing, however, the Administrative Agent
may, upon approval by the Township Committee, and subject to the Court's
approval, permit moderate-income purchasers to buy low-income units
in housing markets if the Administrative Agent determines that there
is an insufficient number of eligible low-income purchasers to permit
prompt occupancy of the units. All such low-income units to be sold
to moderate-income households shall retain the required pricing and
pricing restrictions for low-income units.
(c)
A certified household that purchases a restricted ownership
unit must occupy it as the certified household's principal residence
and shall not lease the unit; provided, however, that the Administrative
Agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to another
certified household for a period not to exceed one year.
(d)
The Administrative Agent shall certify a household as eligible
for a restricted ownership unit when the household is a low-income
household or a moderate-income household, as applicable to the unit,
and the estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33 percent of the household's eligible monthly income.
(8)
Limitations on Indebtedness Secured by Ownership Unit, Subordination.
(a)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the Administrative Agent
for a determination in writing that the proposed indebtedness complies
with the provisions of this section, and the Administrative Agent
shall issue such determination prior to the owner incurring such indebtedness.
(b)
With the exception of First Purchase Money Mortgages, neither
an owner nor a lender shall at any time cause or permit the total
indebtedness secured by a restricted ownership unit to exceed 95 percent
of the maximum allowable resale price of the unit, as such price is
determined by the Administrative Agent in accordance with N.J.A.C.
5:80-26.6(b).
(9)
Capital Improvements to Ownership Units.
(a)
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements made since the purchase of the unit. Eligible
capital improvements shall be those that render the unit suitable
for a larger household or that adds an additional bathroom. In no
event shall the maximum sales price of an improved housing unit exceed
the limits of affordability for the larger household.
(b)
Upon the resale of a restricted ownership unit, all items of
property that are permanently affixed to the unit or were included
when the unit was initially restricted (e.g., refrigerator, range,
washer, dryer, dishwasher, wall-to-wall carpeting) shall be included
in the maximum allowable resale price. Other items may be sold to
the purchaser at a reasonable price that has been approved by the
Administrative Agent at the time of the signing of the agreement to
purchase. The purchase of central air conditioning installed subsequent
to the initial sale of the unit and not included in the base price
may be made a condition of the unit resale provided the price, which
shall be subject to 10-year, straight-line depreciation, has been
approved by the Administrative Agent. Unless otherwise approved by
the Administrative Agent, the purchase of any property other than
central air conditioning shall not be made a condition of the unit
resale. The owner and the purchaser must personally certify at the
time of closing that no unapproved transfer of funds for the purpose
of selling and receiving property has taken place at the time of or
as a condition of resale.
(10)
Control Periods for Restricted Rental Units.
(a)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this Ordinance for a period of at least 30 years, until Woodbridge
Township takes action to release the unit from such requirements.
Prior to such action, a restricted rental unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
[1]
The control period for restricted rental units in the following
developments shall be at least 50 years, until Woodbridge Township
takes action to release the unit from control requirements:
[a]
Olsen Towers (Site 1 in the Woodbridge Township
Housing Plan Element and Fair Share Plan)
[b]
Cooper Towers (Site 2 in the Woodbridge Township
Housing Plan Element and Fair Share Plan)
[c]
Jacob's Landing (Site 8 in the Woodbridge Township
Housing Plan Element and Fair Share Plan)
[d]
Hopelawn VFW Site (Site 11 in the Woodbridge Township
Housing Plan Element and Fair Share Plan)
[e]
Stern Towers (Site A in the Woodbridge Township
Housing Plan Element and Fair Share Plan)
(b)
Deeds of all real property that include restricted rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of Middlesex County. A copy of the filed document shall be provided
to the Administrative Agent within 30 days of the receipt of a certificate
of occupancy.
(c)
A restricted rental unit shall remain subject to the affordability
controls of this Ordinance despite the occurrence of any of the following
events:
(11)
Rent Restrictions for Rental Units, Leases.
(a)
A written lease shall be required for all restricted rental
units and tenants shall be responsible for security deposits and the
full amount of the rent as stated on the lease. A copy of the current
lease for each restricted rental unit shall be provided to the Administrative
Agent.
(b)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the Administrative Agent.
(c)
Application fees (including the charge for any credit check)
shall not exceed five percent of the monthly rent of the applicable
restricted unit and shall be payable to the Administrative Agent to
be applied to the costs of administering the controls applicable to
the unit as set forth in this Ordinance.
(d)
No rent control ordinance or other pricing restriction shall
be applicable to either the market units or the affordable units in
any development in which at least 15 percent of the total number of
dwelling units are restricted rental units in compliance with this
Ordinance.
(12)
Tenant Income Eligibility.
(a)
Tenant income eligibility shall be in accordance with N.J.A.C.
5:80-26.13, as may be amended and supplemented, and shall be determined,
as follows:
[1]
Very low-income rental units shall be reserved for households
with a gross household income less than or equal to 30 percent of
median income;
[2]
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50 percent of median
income; and
[3]
Moderate-income rental units shall be reserved for households
with a gross household income less than 80 percent of median income.
(b)
The Administrative Agent shall certify a household as eligible
for a restricted rental unit when the household is a very low-income
household, low-income household or a moderate-income household, as
applicable to the unit, and the rent proposed for the unit does not
exceed 35 percent (40 percent for age-restricted units) of the household's
eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16,
as may be amended and supplemented; provided, however, that this limit
may be exceeded if one or more of the following circumstances exists:
[1]
The household currently pays more than 35 percent (40 percent
for households eligible for age-restricted units) of its gross household
income for rent, and the proposed rent will reduce its housing costs;
[2]
The household has consistently paid more than 35 percent (40
percent for households eligible for age-restricted units) of eligible
monthly income for rent in the past and has proven its ability to
pay;
[3]
The household is currently in substandard or overcrowded living
conditions;
[4]
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
[5]
The household documents reliable anticipated third-party assistance
from an outside source such as a family member in a form acceptable
to the Administrative Agent and the owner of the unit.
(c)
The applicant shall file documentation sufficient to establish
the existence of the circumstances enumerated in this subsection with
the Administrative Agent, who shall counsel the household on budgeting.
(13)
Maximum Rents and Sales Prices:
(a)
In establishing rents and sales prices of affordable housing
units, the Administrative Agent shall follow the procedures set forth
in UHAC, utilizing the regional income limits established by COAH
or a successor entity.
(b)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60 percent of median income, and the average rent for restricted rental
units shall be affordable to households earning no more than 52 percent
of median income.
(c)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units, provided that at least
10 percent of all low- and moderate-income rental units shall be affordable
to very low-income households, earning 30 percent or less of the regional
median household income.
(d)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70 percent of median income, and each affordable development
must achieve an affordability average of 55 percent for restricted
ownership units; in achieving this affordability average, moderate-income
ownership units must be available for at least three different sales
prices for each bedroom type, and low-income ownership units must
be available for at least two different sales prices for each bedroom
type.
(e)
In determining the initial sales prices and rent levels for
compliance with the affordability average requirements for restricted
units other than assisted living facilities and age-restricted developments,
the following standards shall be used:
[1]
A studio shall be affordable to a one-person household;
[2]
A one-bedroom unit shall be affordable to a one and one-half
person household;
[3]
A two-bedroom unit shall be affordable to a three-person household;
[4]
A three-bedroom unit shall be affordable to a four and one-half
person household; and
[5]
A four-bedroom unit shall be affordable to a six-person household.
(f)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities and age-restricted developments, the following
standards shall be used:
(g)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95 percent of the purchase price and the Federal Reserve H.15 rate
of interest), taxes, homeowner and private mortgage insurance and
condominium or homeowner association fees do not exceed 28 percent
of the eligible monthly income of the appropriate size household as
determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the price shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(h)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30 percent of the eligible monthly income of the
appropriate size household, including an allowance for tenant paid
utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
(i)
The price of owner-occupied low- and moderate-income units may
increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the Administrative Agent be lower
than the last recorded purchase price.
(j)
The rent of low- and moderate-income units may be increased
annually based on the permitted percentage increase in the Housing
Consumer Price Index for the Northeast Urban Area of the United States.
This increase shall not exceed nine percent in any one year. Rents
for units constructed pursuant to low- income housing tax credit regulations
shall be indexed pursuant to the regulations governing low- income
housing tax credits.
F.
Requirements for Affordable Housing. Developments which include affordable
housing units shall be subject to the following provisions:
[Amended 5-23-2017 by Ord. No. 2017-50]
(1)
Low-Income Housing. Low-income housing shall be affordable, according
to Federal Department of Housing and Urban Development or other recognized
standards for home ownership and rental costs, and occupied or reserved
for occupancy by households with a gross household income equal to
50 percent or less of the median gross household income for households
of the same size within the housing region in which the housing is
located, and subject to affordability controls.
(2)
Moderate-Income Housing. Moderate-income housing shall be affordable,
according to Federal Department of Housing and Urban Development or
other recognized standards for home ownership and rental costs, and
occupied or reserved for occupancy by households with a gross household
income equal to or more than 50 percent but less than 80 percent of
the median gross household income for households of the same size
within the housing region in which the housing is located, and subject
to affordability controls.
(3)
In accordance with N.J.S.A. 52:27D-329.1 (P.L. 2008, C. 46) at least
13 percent of the affordable units provided within the Township shall
be reserved for very low-income households, i.e. households earning
30 percent or less of the median income and of that amount at least
50 percent shall be reserved for very low-income families (i.e., non-age
restricted and not reserved for special needs populations). For developments
with eight (8) or more affordable housing units on site, at least
13 percent of all low- and moderate-income units shall be affordable
to households earning no more than 30 percent of median income. A
minimum of 50 percent of these units shall be reserved for very low-income
families. The very low-income housing requirement shall be counted
as part of the low-income housing requirement.
(4)
Age Restriction. The sales and rentals of not more than 25 percent
of the affordable housing units constructed within the Township may
be age restricted to senior citizens as defined by and in accordance
with the Federal Fair Housing Act and as regulated by N.J.A.C. 5:92-14,
provided that no more than 25 percent of the total affordable housing
units constructed within the Township shall be age restricted. A request
to age restrict housing units may only be granted after the Planning
Board or Board of Adjustment has received the consent of the Township
Council. In designing its project, the applicant may propose constructing
the senior citizen restricted affordable units in the same building
or buildings in order to maximize the potential of preserving a more
tranquil lifestyle for the senior citizen resident; and to the foregoing
extent, the requirement of integration of the affordable units with
conventional units is modified.
(5)
Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units:
(a)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit.
(b)
In each affordable development, at least 50 percent of the restricted
units within each bedroom distribution shall be low-and/or very low-income
units
(c)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
[1]
The combined number of efficiency and one-bedroom units is no
greater than 20 percent of the total low- and moderate-income units;
[2]
At least 30 percent of all low- and moderate-income units are
two bedroom units;
[3]
At least 20 percent of all low- and moderate-income units are
three bedroom units; and
[4]
The remainder, if any, may be allocated among two-and three-bedroom
(or larger) units at the discretion of the developer.
(d)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
(6)
Location and Design. Low- and moderate-income housing shall be designed
in accordance with the following provisions:
(a)
The low- and moderate-income housing units shall be sited on
the tract in locations at least as accessible to common open space
and community facilities as market-priced dwelling units. Rental units
may be concentrated for ownership and management unit reasons.
(b)
The exterior design of the low- and moderate-income housing
units shall be harmonious in scale, texture, and materials with the
market-priced units on the tract.
(c)
Deed restrictions. Developers of housing units for low- and
moderate-income households shall enter into a written agreement, binding
on all successors-in-interest, in accordance with current COAH regulations
or Court requirements for Resale/Rental Control, at the time of sale,
resale, rental or re-rental regardless of the availability of Federal,
State, County or Township subsidy programs.
(d)
In inclusionary developments, to the extent possible, low- and
moderate-income units shall be integrated with the market units.
(7)
Utilities.
(a)
Affordable units shall utilize the same type of heating source
as market units within an inclusionary development.
(b)
Tenant-paid utilities included in the utility allowance shall
be set forth in the lease and shall be consistent with the utility
allowance approved by the DCA for its Section 8 program.
(8)
Accessibility Requirements.
(a)
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7 and the following:
[1]
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
[a]
An adaptable toilet and bathing facility on the
first floor; and
[b]
An adaptable kitchen on the first floor; and
[c]
An interior accessible route of travel on the first
floor; and
[d]
An adaptable room that can be used as a bedroom,
with a door or the casing for the installation of a door, on the first
floor; and
[e]
If not all of the foregoing requirements in this
paragraph can be satisfied, then an interior accessible route of travel
must be provided between stories within an individual unit, but if
all of the foregoing requirements in this paragraph have been satisfied,
then an interior accessible route of travel shall not be required
between stories within an individual unit; and
[f]
An accessible entranceway as set forth at P.L.
2005, c. 350 (N.J.S.A. 52:27D-311a, et seq.) and the Barrier Free
Subcode, N.J.A.C. 5:23-7, or evidence that Woodbridge Township has
collected funds from the developer sufficient to make 10 percent of
the adaptable entrances in the development accessible:
[i]
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
[ii]
To this end, the builder of restricted units shall deposit funds
within the Woodbridge Township Affordable Housing Trust Fund sufficient
to install accessible entrances in 10 percent of the affordable units
that have been constructed with adaptable entrances.
[iii]
The funds deposited under the terms of this paragraph
shall be used by Woodbridge Township for the sole purpose of making
the adaptable entrance of an affordable unit accessible when requested
to do so by a person with a disability who occupies or intends to
occupy the unit and requires an accessible entrance.
[iv]
The developer of the restricted units shall submit a design
plan and cost estimate to the Construction Official of Woodbridge
Township for the conversion of adaptable to accessible entrances.
[v]
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and
that the cost estimate of such conversion is reasonable, payment shall
be made to the Woodbridge Township Affordable Housing Trust Fund.
[2]
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is "site impracticable" to
meet the requirements. Determinations of site impracticability shall
be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
G.
Affordable Housing Development Fees.
[Amended 4-18-2017 by Ord. No. 2017-43]
(1)
Basic Requirements.
(a)
This Ordinance shall not become effective until approved by
the Court pursuant to N.J.A.C. 5:96-5.1.
(b)
The Township of Woodbridge shall not spend development fees
until the Court has approved a plan for spending such fees in conformance
with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
(c)
This Ordinance shall be interpreted within the framework of
COAH's last adopted rules on development fees, codified at N.J.A.C.
5:97-8, as same may be interpreted and applied by the Court.
(2)
Imposition of Affordable Housing Development Fees.
(a)
Residential Development.
[1]
Within all Township zoning district(s), residential developers,
except for developers of the types of development specifically exempted
below, shall pay a fee of one percent of the equalized assessed value
for residential development, provided that no increased density is
permitted.
[2]
Where an increase in density is permitted through a variance
granted pursuant to N.J.S.A. 40:55D-70d(5) or a rezoning, redevelopment
plan, or redevelopment plan amendment that is adopted after the effective
date of this Ordinance, developers shall be required to pay a development
fee of six percent of the equalized assessed value for each additional
unit that may be realized, except that this provision shall not be
applicable to a development that will include a set-aside of affordable
housing units. However, if the zoning on a site has changed during
the two-year period preceding the filing of such a variance application,
the base density for the purposes of calculating the bonus development
fee shall be the highest density permitted by right during the two-year
period preceding the filing of the variance application.
(b)
Nonresidential Development.
[1]
Within all zoning districts, non-residential developers, except
for developers of the types of development specifically exempted below,
shall pay a fee equal to two and one-half percent of the equalized
assessed value of the land and improvements for all new non-residential
construction on an unimproved lot or lots, provided that no increase
in floor area is permitted.
[2]
Non-residential developers, except for developers of the types
of development specifically exempted below, shall pay a fee equal
to two and one-half percent of the increase in total equalized assessed
value resulting from any additions to existing structures to be used
for non-residential purposes.
[3]
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of two and
one-half percent shall be calculated on the difference between the
equalized assessed value of the preexisting land and improvements
and the equalized assessed value of the newly improved structure,
i.e. land and improvements, at the time the final certificate of occupancy
is issued. If the calculation required under this section results
in a negative number, the non-residential development fee shall be
zero.
[4]
Developers that convert any portion of an existing residential
structure to a nonresidential use shall pay a development fee of two
and one-half percent. The development fee shall be calculated based
on the increase in the equalized assessed value of the converted structure.
(3)
Eligible Exactions, Ineligible Exactions and Exemptions.
(a)
Residential Development.
[1]
Developers of low- and moderate-income housing shall be exempt from paying development fees, provided that the minimum number of affordable units required for the development is completed in accordance with this chapter. Where affordable units are required and where the developer has been authorized by the Township to make a payment in lieu of constructing the affordable housing units the amount of the payment in lieu of construction shall be calculated and paid to the Township in accordance with Section 150-83C(7). Any development of fewer than five new market-rate residential units shall be subject to the payment of the affordable housing development fee pursuant to the provisions of this Ordinance, Affordable Housing Development Fees. A payment-in-lieu-of-construction or development fee payment shall only be used to fund affordable housing activities within the Township in accordance with N.J.A.C. 5:97 or as approved by COAH or the Court.
[2]
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The applicable
development fee percentage shall be vested on the date that the building
permit is issued.
[3]
Owner-occupied residential structures demolished and replaced
as a result of a fire, flood, or natural disaster shall be exempt
from paying a development fee.
[4]
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
[5]
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, which requires
the issuance of a certificate of occupancy (for example, when a single-family
home is converted to a two-family home or a single-family home is
converted to an apartment building). The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
[6]
Development fees shall be imposed and collected when a certificate
of occupancy is issued for a new residential unit on a newly created
lot that is the result of a subdivision. The development fee shall
be calculated on the equalized assessed value of the land and improvements.
[7]
Additions to existing homes and improvements such as decks,
patios and like shall be exempt from the payment of a development
fee.
(b)
Nonresidential Development.
[1]
The non-residential portion of a mixed-use inclusionary or market
rate development shall be subject to the two and one-half percent
development fee, unless otherwise exempted below.
[2]
The two and one-half percent development fee shall not apply
to an increase in equalized assessed value resulting from alterations,
change in use within the existing building footprint, reconstruction,
renovations and repairs.
[3]
Non-residential developments shall be exempt from the payment
of non-residential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF
"State of New Jersey Non-Residential Development Certification/ Exemption"
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
[4]
A developer of a non-residential development exempted from the
non-residential development fee pursuant to P.L. 2008, c. 46 shall
be subject to the development fee at such time as the basis for the
exemption no longer applies, and shall make the payment of the non-residential
development fee, in that event, within three years after that event
or after the issuance of the final certificate of occupancy for the
non-residential development, whichever is later.
[5]
If a property that was exempted from the collection of a non-residential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Township of Woodbridge as a lien against
the real property of the owner.
[6]
Developers that have received final approval prior to the adoption
of a municipal development fee ordinance shall be exempt from paying
a development fee, unless the developer seeks a substantial change
in the approval.
(4)
Collection of Fees.
(a)
Upon the granting of a preliminary, final or other applicable
approval, for a development, the applicable approving authority shall
direct its staff to notify the Construction Official responsible for
the issuance of a building permit.
(b)
For non-residential developments only, the developer shall also
be provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a non-residential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the non-residential developer
as per the instructions provided in the Form N-RDF. The Tax assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(c)
The Construction Official responsible for the issuance of a
building permit shall notify the local Tax Assessor of the issuance
of the first building permit for a development which is subject to
a development fee.
(d)
Within 90 days of receipt of that notice, the Municipal Tax
Assessor, based on the plans filed, shall provide an estimate of the
equalized assessed value of the development.
(e)
The Construction Official responsible for the issuance of a
final certificate of occupancy shall notify the local assessor of
any and all requests for the scheduling of a final inspection on property
which is subject to a development fee.
(f)
Within 10 business days of a request for the scheduling of a
final inspection, the Municipal Assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
associated with the development; calculate the development fee; and
thereafter notify the developer of the amount of the fee.
(g)
Should the Township of Woodbridge fail to determine or notify
the developer of the amount of the development fee within 10 business
days of the request for final inspection, the developer may estimate
the amount due and pay that estimated amount consistent with the dispute
process set forth in subsection b of section 37 of P.L. 2008, c. 46
(C. 40:55D-8.6).
(h)
Fees Due:
[Amended 12-19-2017 by Ord. No. 2017-137]
[1]
For the collection of Residential Development Fees, fifty percent
(50%) of the development fee shall be collected at the time of issuance
of the building permit. The remaining portion shall be collected at
the issuance of the certificate of occupancy. The developer shall
be responsible for paying the difference between the fee calculated
at building permit and that determined at issuance of certificate
of occupancy.
[2]
For the collection of Non-Residential Development Fees, one
hundred percent (100%) of the development fee shall be collected at
the issuance of the certificate of occupancy.
(i)
(Reserved)
(j)
Appeal of Development Fees:
[1]
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest bearing escrow account by the Township of Woodbridge.
Appeals from a determination of the Board may be made to the tax court
in accordance with the provisions of the State Tax Uniform Procedure
Law, R.S. 54:48-1 et seq. within 90 days after the date of such determination.
Interest earned on amounts escrowed shall be credited to the prevailing
party.
[2]
A developer may challenge non-residential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by the Township of
Woodbridge. Appeals from a determination of the Director may be made
to the tax court in accordance with the provisions of the State Tax
Uniform Procedure Law, R.S. 54:48-1 et seq. within 90 days after the
date of such determination. Interest earned on amounts escrowed shall
be credited to the prevailing party.
(5)
Affordable Housing Trust Fund.
(a)
There is hereby created a separate, interest-bearing Housing
Trust Fund to be maintained by the Chief Financial Officer of the
Township for the purpose of depositing development fees collected
from residential and non-residential developers and proceeds from
the sale of units with extinguished controls.
(b)
The following additional funds, if collected by the Township,
shall be deposited in the Affordable Housing Trust Fund and shall
at all times be identifiable by source and amount:
[1]
Payments in lieu of construction of affordable units, except that payments in lieu of construction made pursuant to Section 150-83C(7) shall be separately identifiable from other payments in lieu of construction as a sub-account within the Affordable Housing Trust Fund;
[2]
Developer contributed funds to make 10 percent of the adaptable
entrances in a townhouse or other multistory attached development
accessible;
[3]
Rental income from municipally operated units, except for units
operated by the Woodbridge Housing Authority;
[4]
Repayments from affordable housing program loans;
[5]
Recapture funds;
[6]
Proceeds from the sale of affordable units; and
[7]
Any other funds collected in connection with the Township of
Woodbridge's affordable housing program.
(c)
Within seven days from the opening of the trust fund account,
the Township of Woodbridge shall provide the Court with written authorization,
in the form of a three-party escrow agreement between the municipality,
the bank, and the Court to permit the Court to direct the disbursement
of the funds as provided for in N.J.A.C. 5:97-8.13(b).
(d)
All interest accrued in the housing trust fund shall only be
used to fund eligible affordable housing activities approved by the
Court.
(6)
Use of Funds.
(a)
The expenditure of all funds shall conform to a spending plan
approved by the Court. Funds deposited in the housing trust fund may
be used for any activity approved by the Court to address the Township
of Woodbridge's fair share obligation and may be set up as a grant
or revolving loan program. Such activities include, but are not limited
to: preservation or purchase of housing for the purpose of maintaining
or implementing affordability controls; rehabilitation; new construction
of affordable housing units and related costs; accessory apartment,
market to affordable, or regional housing partnership programs; conversion
of existing non-residential buildings to create new affordable units;
green building strategies designed to be cost-saving and in accordance
with accepted national or State standards; purchase of land for affordable
housing; improvement of land to be used for affordable housing; extensions
or improvements of roads and infrastructure to affordable housing
sites; financial assistance designed to increase affordability; administration
necessary for implementation of the Housing Element and Fair Share
Plan; or, any other activity as permitted pursuant to N.J.A.C. 5:97-8.7
through 8.9 and specified in the approved spending plan.
(b)
Funds shall not be expended to reimburse the Township of Woodbridge
for past affordable housing activities.
(c)
At least 30 percent of all development fees collected and interest
earned shall be used to provide affordability assistance to low- and
moderate-income households in affordable units included in the Municipal
Fair Share Plan. One-third of the affordability assistance portion
of development fees collected shall be used to provide affordability
assistance to those households earning 30 percent or less of median
income by region.
[1]
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowner's association or condominium fees and special
assessments, and assistance with emergency repairs.
[2]
Affordability assistance to households earning 30 percent or
less of median income may include buying down the cost of low- or
moderate-income units in the Municipal Fair Share Plan to make them
affordable to households earning 30 percent or less of median income.
[3]
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
(d)
The Township of Woodbridge may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
(e)
No more than 20 percent of all revenues collected from development
fees, may be expended on administration, including, but not limited
to, salaries and benefits for municipal employees or consultant fees
necessary to develop or implement a new construction program, a Housing
Element and Fair Share Plan, and/or an affirmative marketing program.
In the case of a rehabilitation program, no more than 20 percent of
the revenues collected from development fees shall be expended for
such administrative expenses. Administrative funds may be used for
income qualification of households, monitoring the turnover of sale
and rental units, and compliance with the Court's monitoring requirements.
Legal or other fees related to litigation opposing affordable housing
sites or objecting to the Council's regulations and/or action are
not eligible uses of the affordable housing trust fund.
(7)
Monitoring.
(a)
The Township of Woodbridge shall complete and return to the
New Jersey Department of Community Affairs (NJDCA), Local Government
Services, all monitoring forms required in connection with the collection
of development fees from residential and non-residential developers,
payments in lieu of constructing affordable units on site, funds from
the sale of units with extinguished controls, barrier free escrow
funds, rental income, repayments from affordable housing program loans,
and any other funds collected in connection with its housing program,
as well as in connection with the expenditure of revenues and implementation
of the plan approved by the Court.
(b)
All monitoring reports shall be completed on forms designed
by the NJDCA or successor entity for that purpose.
(8)
Ongoing Collection of Fees.
(a)
The ability for the Township of Woodbridge to impose, collect
and expend development fees shall expire with the end of the repose
period covered by its judgment of compliance unless the Township of
Woodbridge has filed an adopted Housing Element and Fair Share Plan
with the Court or with a designated administrative entity of the State
of New Jersey, has petitioned for a judgment of compliance or substantive
certification, and has received approval of its development fee ordinance
by the entity that will be reviewing the Housing Element and Fair
Share Plan.
(b)
If the Township of Woodbridge fails to renew its ability to
impose and collect development fees prior to the expiration of its
judgment of compliance, it may be subject to forfeiture of any or
all funds remaining within its Municipal Trust Fund. Any funds so
forfeited shall be deposited into the "New Jersey Affordable Housing
Trust Fund" established pursuant to section 20 of P.L. 1985, c. 222
(C. 52:27D-320). The Township of Woodbridge shall not impose a development
fee on a development that receives preliminary or final site plan
approval after the expiration of its judgment of compliance, nor shall
the Township of Woodbridge retroactively impose a development fee
on such a development. The Township of Woodbridge shall not expend
any development fees after the expiration of its judgment of compliance.
H.
Alternative Living Arrangements.
[Amended 5-23-2017 by Ord. No. 2017-50]
(1)
The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8 and the UHAC, with the following
exceptions:
(2)
Affirmative marketing (N.J.A.C. 5:80-26.15), provided, however, that
the units or bedrooms may be affirmatively marketed by the provider
in accordance with an alternative plan approved by the Court;
(3)
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
(4)
With the exception of units established with capital funding through
a 20-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least 30 year controls on affordability in accordance
with the UHAC, unless an alternative commitment is approved by the
Court.
(5)
The service provider for the alternative living arrangement shall
act as the Administrative Agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
I.
Enforcement of Affordable Housing Regulations.
[Amended 5-23-2017 by Ord. No. 2017-50]
(1)
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, a requirement for household
recertification, acceleration of all sums due under a mortgage, recuperation
of any funds from a sale in violation of the regulations, injunctive
relief to prevent further violation of the regulations, entry on the
premises, and specific performance.
(2)
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action(s) against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(a)
The municipality may file a Court action pursuant to N.J.S.A.
2A:58-11 alleging a violation, or violations of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
adjudged by the Court to have violated any provision of the regulations
governing affordable housing units the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the Court:
[1]
A fine of not more than $500 per day or imprisonment for a period
not to exceed 90 days, or both, provided that each and every day that
the violation continues or exists shall be considered a separate and
specific violation of these provisions and not a continuation of the
initial offense;
[2]
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Woodbridge Township Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
[3]
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the Court.
(b)
The municipality may file a Court action in the Superior Court
seeking a judgment that would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any such judgment shall be enforceable as if the same
were a judgment of default of the First Purchase Money Mortgage and
shall constitute a lien against the low- or moderate-income unit.
[1]
The judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any First Purchase Money Mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have his right
to possession terminated as well as his title conveyed pursuant to
the Sheriff's sale.
[2]
The proceeds of the Sheriff's sale shall first be applied to
satisfy the First Purchase Money Mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the Court action resulting
in the judgment of violation or the Sheriff's sale. In the event that
the proceeds from the Sheriff's sale are insufficient to reimburse
the municipality in full as aforesaid, the violating owner shall be
personally responsible for the full extent of such deficiency, in
addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
[3]
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
[4]
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the First Purchase Money Mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the First Purchase Money Mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the First Purchase Money Mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
[5]
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
[6]
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
A.
Purpose. The purpose of the SCR senior citizen multifamily residential
conditional use is to provide for the conversion of existing Township
or privately owned nonresidential structures within residential zone
districts to accommodate the need for housing for senior citizens
while protecting the character of adjacent areas. The provisions and
regulations set forth herein provided for said development, in accordance
with a plan, of multifamily structures as a single entity to be utilized
exclusively for housing senior citizens.
B.
Standards for Type, Density or Intensity of Use. Overall standards
for a senior citizen multifamily development shall be as follows:
C.
Age for Occupancy. All senior citizen residential housing units shall
be senior citizen units with a minimum age for occupancy of 62 years
of age in accordance with the Federal Fair Housing Act.
D.
Bulk Standards. The plan shall show a minimum of one on-site parking
space per dwelling unit. All other bulk standards currently in effect
in the zone will remain in effect for this development option.