Township of Woodbridge, NJ Zoning Standards

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:

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

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; 4-18-2017 by Ord. No. 2017-45]
—	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]
	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]

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]

§ 150-22 Zoning Map.

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.

Zoning Map Amendments.

Zoning Map amendments may be found as Attachment 3, Appendix 2, Zoning Map Amendments, included as an attachment to this chapter.

§ 150-23 Interpretation of Zone Boundaries.

[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.

Boundary lines indicated as following or approximately following streets, highways or other public or private ways shall be construed to follow the centerlines thereof.

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.

Boundaries indicated as following or approximately following municipal lines shall be construed as following such municipal lines.

Boundaries indicated as following streams, rivers or other bodies of water shall be construed as following the centerlines thereof.

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.

§ 150-24 General Regulations.

[Amended 5-19-2009 by Ord. No. 09-35]

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:

(a)

The permitted location on the property, which shall be limited to the driveway or rear yard;

(b)

The permitted height;

(c)

The required setbacks; and

(d)

The duration the structure is permitted to remain on the property, which shall not exceed 60 days.

(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)

Definitions.

DISTURBANCE

The placement of impervious surface, the exposure or movement of soil or bedrock or the clearing, cutting, or removing of vegetation.

IMPERVIOUS SURFACE

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.

REDEVELOPMENT

The construction of structures or improvements on areas which previously contained structures or other improvements.

STEEP SLOPES

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]

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.

(15)

Electric Vehicle Charging Stations are a permitted accessory use in all multifamily zones and subject to the standards established in the Township's Plug-In Electric Vehicle Ordinance.[1]

[Added 6-26-2018 by Ord. No. 2018-34]

[1]

Editor's Note: See subsection 150-24.3 Plug-In Electric Vehicle.

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.

(7)

Electric Vehicles Charging Stations are a permitted accessory use in all nonresidential zones and subject to the standards established in the Township's Plug-In-Electric Vehicle Ordinance.[2]

[Added 6-26-2018 by Ord. No. 2018-34]

[2]

Editor's Note: See subsection 150-24.3 Plug-In Electric Vehicle.

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.

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.

§ 150-24.1 Construction and Demolition Debris Diversion Program.

[Added 9-1-2009 by Ord. No. 09-62]

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.

Definitions.

APPROVED RECYCLING FACILITY

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.

CONSTRUCTION AND DEMOLITION DEBRIS

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.

RECYCLING COORDINATOR

The Recycling Coordinator of the Township (and its successor).

Approved Recycling Facilities/Centers. Recycling Centers/Facilities utilized must be a facility approved or recognized by the NJDEP.

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.

§ 150-24.2 Solar Energy.

[Added 6-26-2018 by Ord. No. 2018-36]

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.

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.

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.

§ 150-24.3 Plug-In Electric Vehicle.

[Added 6-26-2018 by Ord. No. 2018-35; amended 9-4-2018 by Ord. No. 2018-70]

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.

Definitions.

ELECTRIC VEHICLES

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.

ELECTRIC VEHICLE CHARGING STATION

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.

Location. Electric vehicle charging stations, are encouraged to be installed throughout the Township in accordance with applicable ordinance and regulations.

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.

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.

(7)

Lighting of electric vehicle charging stations shall be done in accordance with Section 150-78.

(8)

No minimum number of electric vehicle charging stations is required for new developments, but is encouraged.

§ 150-25 R-40 Low-Density Single-Family Residential Zone.

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.

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:

(a)

Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants, including volunteer fire companies and first-aid squads.

(b)

Churches, synagogues, parish houses and similar religious uses.

(c)

Public utility installations:

[1]

Cellular communications towers are subject to the conditions established in this article.

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.

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.

§ 150-26 R-15 Medium-Density Single-Family Residential Zone.

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.

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.

(2)

Accessory buildings and uses, including:

(a)

[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]

[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:

(a)

Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants, including volunteer fire companies and first-aid squads.

(b)

Churches, synagogues, parish houses and similar religious uses.

(c)

Public utility installations.

[1]

Cellular communications towers are subject to the conditions established in this article.

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]

[2]

[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.

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.

§ 150-27 R-10 Medium-Density Single-Family Residential Zone.

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.

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)

[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]

[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:

(a)

Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants, including volunteer fire companies and first-aid squads.

(b)

Churches, synagogues, parish houses and similar religious uses.

(c)

Public utility installations.

[1]

Cellular communications towers are subject to the conditions established in this article.

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]

[2]

[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.

Other Provisions and Requirements

(1)

Off-street parking is required subject to the parking section of this article.

(2)

Landscaping is required subject to the landscaping section of this article.

§ 150-28 R-7.5 High-Density Single-Family Residential Zone.

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.

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)

[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]

[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:

(a)

Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants, including volunteer fire companies and first-aid squads.

(b)

Churches, synagogues, parish houses and similar religious uses.

(c)

Public utility installations.

[1]

Cellular communications towers are subject to the conditions established in this article.

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]

[2]

[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.

Other Provisions and Requirements.

(1)

Off-street parking is required subject to the parking section of this article.

(2)

Landscaping is required subject to the landscaping section of this article.

§ 150-29 R-6 High-Density Single-Family Residential Zone.

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.

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)

[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]

[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:

(a)

Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants, including volunteer fire companies and first-aid squads.

(b)

Churches, synagogues, parish houses and similar religious uses.

(c)

Public utility installations.

[1]

Cellular communications towers are subject to the conditions established in this article.

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]

[2]

[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]

[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]

[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]

[2]

[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.

Other Provisions and Requirements.

(1)

Off-street parking is required subject to the parking section of this article.

(2)

Landscaping is required subject to the landscaping section of this article.

§ 150-30 R-5 High-Density Single-Family Residential Zone.

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.

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]

[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:

(a)

Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants, including volunteer fire companies and first-aid squads.

(b)

Churches, synagogues, parish houses and similar religious uses.

(c)

Public utility installations.

[1]

Cellular communications towers. No cellular tower shall be located within a minimum distance of 2,000 feet of a residential structure, school or other such tower.

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]

[2]

[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.

Other Provisions and Requirements.

(1)

Off-street parking is required subject to the parking section of this article.

(2)

Landscaping is required subject to the landscaping section of this article.

§ 150-31 R-4 High-Density Single-Family Residential Zone.

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.

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)

[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]

[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:

(a)

Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants, including volunteer fire companies and first-aid squads.

(b)

Churches, synagogues, parish houses and similar religious uses.

(c)

Public utility installations.

[1]

Cellular communications towers. No cellular tower shall be located within a minimum distance of 2,000 feet of a residential structure, school or other such tower.

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]

[2]

[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.

Other Provisions and Requirements.

(1)

Off-street parking is required subject to the parking section of this article.

(2)

Landscaping is required subject to the landscaping section of this article.

§ 150-32 Multifamily Residential Zone.

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.

§ 150-32.1 MF-2/A Multifamily Residential Zone.

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.

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)

[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]

[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.

(a)

Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants, including volunteer fire companies and first aid squads.

(b)

Churches, synagogues, parish houses and similar religious uses.

(c)

Public utility installations.

[1]

Cellular communications towers are subject to the conditions established in this article.

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.

[4]

Minimum front setback (measured from the future street right of way):

[a]

Collector or arterial street: 40 feet.

[b]

Local street: 15 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.

[4]

Minimum front setback (measured from the future street right-of-way):

[a]

Collector or arterial street: 40 feet.

[b]

Local street: 15 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.

[4]

Minimum front setback (measured from the future street right-of-way):

[a]

Collector or arterial street: 40 feet.

[b]

Local street: 15 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]

[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.

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.

§ 150-32.2 MF-2/B Multifamily Residential Zone.

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.

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)

[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]

[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.

(a)

Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants, including volunteer fire companies and first aid squads.

(b)

Churches, synagogues, parish houses and similar religious uses.

(c)

Public utility installations.

[1]

Cellular communications towers are subject to the conditions established in this article.

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.

[4]

Minimum front setback (measured from the future street right of way):

[a]

Collector or arterial street: 40 feet.

[b]

Local street: 15 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.

[4]

Minimum front setback (measured from the future street right-of-way):

[a]

Collector or arterial street: 40 feet.

[b]

Local street: 15 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.

[4]

Minimum front setback (measured from the future street right-of-way):

[a]

Collector or arterial street: 40 feet.

[b]

Local street: 15 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]

[2]

[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.

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 multi-family projects shall incorporate "CPTED" Crime Prevention Through Environmental Design techniques as established by Township Code Section 17-12.

§ 150-32.3 MF-2/C Multifamily Residential Zone.

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.

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)

[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]

[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.

(a)

Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants, including volunteer fire companies and first aid squads.

(b)

Churches, synagogues, parish houses and similar religious uses.

(c)

Public utility installations.

[1]

Cellular communications towers are subject to the conditions established in this article.

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.

[4]

Minimum front setback (measured from the future street right-of-way):

[a]

Collector or arterial street: 40 feet.

[b]

Local street: 15 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.

[4]

Minimum front setback (measured from the future street right-of-way):

[a]

Collector or arterial street: 40 feet.

[b]

Local street: 15 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.

[4]

Minimum front setback (measured from the future street right-of-way):

[a]

Collector or arterial street: 40 feet.

[b]

Local street: 15 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]

[2]

[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.

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 multi-family projects shall incorporate "CPTED" Crime Prevention Through Environmental Design techniques as established by Township Code Section 17-12.

§ 150-32.4 MF-3/C Multifamily Residential Zone.

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.

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)

[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]

[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.

(a)

Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants, including volunteer fire companies and first aid squads.

(b)

Churches, synagogues, parish houses and similar religious uses.

(c)

Public utility installations.

[1]

Cellular communications towers are subject to the conditions established in this article.

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.

[4]

Minimum front setback (measured from the future street right-of-way):

[a]

Collector or arterial street: 40 feet.

[b]

Local street: 15 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.

[4]

Minimum front setback (measured from the future street right-of-way):

[a]

Collector or arterial street: 40 feet.

[b]

Local street: 15 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.

[4]

Minimum front setback (measured from the future street right-of-way):

[a]

Collector or arterial street: 40 feet.

[b]

Local street: 15 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]

[2]

[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.

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 multi-family projects shall incorporate "CPTED" Crime Prevention Through Environmental Design techniques as established by Township Code Section 17-12.

§ 150-32.5 MF-4/C Multifamily Residential Zone.

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.

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.

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.

§ 150-32.6 MF/TH — Town House Residential Zone.

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.

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.

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.

(d)

Minimum front setback (measured from future street right-of-way):

[1]

Collector or Arterial Street: 40 feet.

[2]

Local Street: 20 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)

(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.

Other Provisions and Requirements.

(1)

Off-street parking is required subject to the special conditions of this article.

(2)

Landscaping and buffering are 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 Code Section 17-12.

§ 150-33 B-1 Neighborhood Business Zone.

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.

Green Buildings. All buildings are encouraged to be LEED-qualified building and employ green technologies, energy saving construction and utility techniques.

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.

Other Provisions and Requirements.

(1)

Off-street parking and loading is required subject to the special conditions as specified in this article.

(2)

Landscaping is required subject to the special conditions as specified in this article.

§ 150-34 B-2 Central Business Zone.

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.

Green Buildings. All buildings are encouraged to be LEED-qualified building and employ green technologies, energy saving construction and utility techniques.

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

(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.

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)

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.

§ 150-34.1 B-2/P Central Business/Parking Zone.

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.

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.

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)

(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)

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)

§ 150-35 B-3 Highway Business Zone.

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.

Green Buildings. All buildings are encouraged to be LEED-qualified building and employ green technologies, energy saving construction and utility techniques.

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)

Other Provisions and Requirements.

(1)

Off-street parking and loading is required subject to the special conditions as specified in this article.

(2)

Landscaping is required subject to the special conditions as specified in this article.

§ 150-36 B-4 Regional Shopping Center Zone.

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.

Green Buildings. All buildings are encouraged to be LEED-qualified building and employ green technologies, energy saving construction and utility techniques.

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:

(a)

Dry-cleaning establishments.

(b)

Building materials and supplies.

(c)

Bus and taxi stops and stations.

(d)

Garden and nursery supplies and equipment.

(e)

Home improvement establishments.

(f)

Tires, batteries and accessories stores.

(g)

Theaters, indoor.

(h)

Hotels and motels.

(i)

Public utility installations.

[1]

Cellular communications towers. Cellular communications towers are subject to the conditions established in 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.

§ 150-37 M-1 Light Industrial Zone.

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.

Green Buildings. All buildings are encouraged to be LEED-qualified building and employ green technologies, energy saving construction and utility techniques.

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:

[1]

No side or rear yard shall be required where the boundary line is a railroad right-of-way line providing direct access to that property.

[2]

Salvage/recycling operations in the SR subzone may reduce side and rear setbacks to 15 feet where directly adjacent to another salvage/recycling use.

(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.

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.

§ 150-38 M-2 Heavy Industrial Zone.

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.

Green Buildings. All buildings are encouraged to be LEED-qualified building and employ green technologies, energy saving construction and utility techniques.

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.

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.

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.

§ 150-39 OR Office-Research Zone.

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.

Green Buildings. All buildings are encouraged to be LEED-qualified building and employ green technologies, energy saving construction and utility techniques.

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.

(3)

Conditional uses. The following uses are permitted, subject to the approval of the municipal agency and the special conditions of this article:

(a)

Public utility installations.

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)

(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.

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.

§ 150-40 CEM Cemetery Zone.

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.

Permitted Uses. A building may be erected, altered or used and a parcel of land may be used for any of the following purposes:

Principal uses.

Cemeteries.

Accessory uses.

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.

Development Standards.

(1)

Area and yard requirements for the Cemetery Zone District.

(a)

Minimum lot area: 40,000 square feet.

(b)

Minimum lot frontage: 100 feet.

(c)

Minimum lot width: 200 feet.

(d)

Front yard setback: 50 feet.

(e)

Side yard & both: 25/50 feet.

(f)

Rear yard: 50 feet.

(g)

Maximum:

Building coverage: 15%.

Lot coverage: 40% (excluding grave stones, markers).

Grave Sites. Grave sites shall be located no closer than 40 feet to a dwelling unit located on an adjacent property.

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.

§ 150-41 OSC/PQP Open Space Conservation and Public/Quasi-Public Zone.

[Amended 12-29-09 by Ord. No. 09-101]

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.

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.

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.

[12]

Buffer requirement: Minimum 10 feet deep, densely landscaped buffer where abutting residentially used property which is to be designed to provide a visual and sound buffer to the residentially used property and which shall be in addition to the landscaping requirements of Section 150-79.

(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]

[3]

Accessory buildings attached to a principal building shall comply with the bulk standards of the principal building.

Other Provisions and Requirements.

(1)

Off-street parking is required subject to the requirements of Section 150-78 of this article.

(2)

Landscaping is required subject to the requirements of Section 150-79 of this article.

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]

§ 150-41.1 OSC/R Open Space Conservation/Resiliency Zone.

[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]

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.

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.

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.

§ 150-42 Planned Development.

[Added 12-21-1993 by Ord. No. 93-105]

Purpose. The purpose of these provisions is to provide a range of flexibility within which special land use situations and conditions may be accommodated.

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.

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.

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:

(a)

Any combination of the optional zones enumerated.

(b)

The optional zones which may be mapped shall be as follows:

R-10	Single-Family Residential
R-5	Single-Family Residential
MF-2/B	Multifamily Residential
OSC/PQP	Open Space Conservation/Public/Quasi-Public

(4)

(a)

A buffer not less than 50 feet in width shall separate multifamily development from R-10 single-family development.

(Reserved)

[12-6-2005 by Ord. No. 05-87]

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)

(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)

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)

(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)

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:

(a)

Any combination of the optional zones enumerated.

(b)

The optional zones which may be mapped shall be as follows:

M-1	Light Industrial
M-2	Heavy Industrial
OSC	Open Space Conservation

(4)

(a)

Heavy industrial development shall be separated from the residential zone line by a distance of not less than 250 feet.

(b)

Adequate noise barriers shall be provided to mitigate industrial and on-site truck noise impacts on interior and exterior residential areas.

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.

[3]

Multifamily residential uses in accordance with the standards set forth in § 150-32 of this article, except that such standards shall apply only to that portion of any planned unit development utilized for such multifamily residential purposes.

(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:

[1]

Minimum front yard setback: 50 feet.

[2]

Minimum rear yard setback: 25 feet.

[3]

Minimum side yard setback: 25 feet.

(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.

[1]

Off-street parking and loading is required subject to the conditions set forth in § 150-78 of this article.

[2]

Landscaping shall be required subject to the conditions set forth in § 150-79 of this article.

[3]

Signs shall be permitted in accordance with the provisions of § 150-77 of this article.

[4]

No accessways through the multifamily residential areas of a planned unit development shall be used to serve traffic from nonresidential uses thereof, except for emergency purposes.

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.

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.

§ 150-43 MW Marine Waterfront Zone.

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.

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)

Marinas.

(b)

Marine sales and services.

(c)

Public uses.

(d)

Parking.

(e)

Restaurants and eateries (non drive-thru).

(f)

Boat charter offices.

(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.

(a)

Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants.

(b)

Public utility installations.

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.

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.

§ 150-44 Conditional Uses.

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.

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)

(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:

[a]

A 15-foot buffer.

[b]

A six-foot high visually solid fence, wall or landscape screen.

[c]

Adequate noise control measures to attenuate vibrations and audible sound to conform to all laws and ordinances in effect for residential areas.

[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)

(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.

(e)

The subject property shall conform to the provisions of this article, except that sexually oriented businesses must also be consistent with Township Code Section 3-14, Section 4-1 and N.J.S.A. 2C:34-7(c).

(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.

[7]

Signs, subject to the provisions of this article. Additionally, with reference to signs located at sexually oriented businesses. Such businesses shall be consistent with Township Code Section 3-14, Section 4-1 and N.J.S.A. 2c:34-7(c).

[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.

(a)

In the B-4 Zone, not more than one hotel or motel shall be permitted. No guest unit shall contain kitchen facilities of any sort.

(b)

In the OR Zone, not more than 15 percent of the guest units shall contain kitchen facilities.

(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;

[f]

Other schools not falling within the definition of Subsection (2)(a) through (e);

[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.

§ 150-45 Wireless Communication Facilities.

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.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CO-LOCATION

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.

FAA

The Federal Aviation Administration and any person lawfully delegated such authority by that agency.

FCC

The Federal Communications Commission and any person lawfully delegated such authority by that agency.

FTA

The Federal Telecommunications Act of 1996, P.L. 104-104, 110 Stat. 56, 47 U.S.C. § 151 et seq., as amended.

WIRELESS COMMUNICATION

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.

WIRELESS COMMUNICATIONS ANTENNA

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.

WIRELESS COMMUNICATIONS TOWER

A structure on which one or more antennas are attached, but shall not mean existing structures such as silos, steeples, cupolas or water tanks.

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.

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.

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.

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.

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.

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:

(a)

An overall comprehensive plan in accordance with Subsection I below;

(b)

An indication of conformance with the conditions set forth in Subsections J, K and L, below;

(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.

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.

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.

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.

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.

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.

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.

§ 150-46 Redevelopment Areas and Rehabilitation Plans.

§ 150-46.1 Redevelopment Areas.

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]

(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]

(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]

§ 150-46.2 Rehabilitation Plans.

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]

§ 150-47 through § 150-76. (Reserved)

§ 150-77 Signs.

[Amended 5-19-2009 by Ord. No. 09-25]

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.

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.

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.

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.

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.

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.

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.

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.

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.

(4)

(Reserved) (See Subsection N.)

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.

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.

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.

Use of Neon. Utilization of neon signs and borders shall be included in sign square footage calculations and subject to all signage regulations.

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.

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.

§ 150-78 Off-Street Parking and Loading.

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.

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]

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.

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.

§ 150-79 Landscaping.

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.

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.

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.

Landscape Coverage.

(1)

Minimum landscape coverage limits for structures shall be as follows:

(a)

R Zones: 60%.

(b)

MF Zones: 40%.

(c)

B Zones, except B-2: 30%.

B-2 Zone: 0%.

OR Zone: 35%.

M Zones: 30%.

Redevelopment Zones: 25%.

(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.

§ 150-80 Fences and Hedges.

[Amended 5-19-2009 by Ord. No. 09-35]

Purpose. The intention of these requirements is to provide standards for the protection of the health, safety and aesthetic values of adjacent property.

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.

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.

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.

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.

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.

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.

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]

§ 150-81 Performance Standards.

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.

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.

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:

(1)

Certification, in writing, by the New Jersey Department of Environmental Protection that such proposed facilities are in compliance with applicable State laws and regulations.

(2)

Certification, in writing, by the Municipal Engineer approving the installation of such facilities.

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.

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.

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.

§ 150-82 Areas of Special Flood Hazard.

[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.

§ 150-82.1 Stormwater Control.

[Amended 2-2-2021 by Ord. No. 21-02]

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)

Applicability.

(a)

This section shall be applicable to the following major developments:

[1]

Non-residential major developments; and

[2]

Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

(b)

This section shall also be applicable to all major developments undertaken by Woodbridge Township.

(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.

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.

CAFRA CENTERS, CORES OR NODES

Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

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).

COMMUNITY BASIN

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.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

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]

(1)

A county planning agency; or

(2)

A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

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.

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

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.

DISTURBANCE

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.

DRAINAGE AREA

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.

EMPOWERMENT NEIGHBORHOODS

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.

ENVIRONMENTALLY CONSTRAINED AREA

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.

ENVIRONMENTALLY CRITICAL AREA

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.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

(1)

Treating stormwater runoff through infiltration into subsoil;

(2)

Treating stormwater runoff through filtration by vegetation or soil; or

(3)

Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

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.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

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.

MAJOR DEVELOPMENT

An individual "development," as well as multiple developments that individually or collectively result in:

(1)

The disturbance of one or more acres of land since February 2, 2004;

(2)

The creation of one-quarter acre or more of "regulated impervious surface" since February 2, 2004;

(3)

The creation of one-quarter acre or more of "regulated motor vehicle surface" since March 2, 2021;

(4)

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."

MOTOR VEHICLE

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.

MOTOR VEHICLE SURFACE

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.

MUNICIPALITY

Any city, borough, town, township, or village.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

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.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.

POLLUTANT

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.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

(1)

A net increase of impervious surface;

(2)

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);

(3)

The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

(4)

The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

REGULATED MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

(1)

The total area of motor vehicle surface that is currently receiving water;

(2)

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.

SEDIMENT

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.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

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.

STATE PLAN POLICY MAP

The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

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.

STORMWATER MANAGEMENT BMP

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).

STORMWATER MANAGEMENT MEASURE

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.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

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.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA

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.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

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.

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

(1)

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

(2)

Designated as CAFRA Centers, Cores or Nodes;

(3)

Designated as Urban Enterprise Zones; and

(4)

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

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.

WATERS OF THE STATE

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.

WETLANDS or WETLAND

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.

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.

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;

(b)

The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection D(15), (16), (17) and (18) to the maximum extent practicable;

(c)

The applicant demonstrates that, in order to meet the requirements of Subsection D(15), (16), (17) and (18) existing structures currently in use, such as homes and buildings, would need to be condemned; and

(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

(c)

To satisfy the stormwater runoff quantity standards at Subsection D(18), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection D(7).

(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.

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.

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.

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.

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.

(5)

Safety Ledge Illustration.

Elevation View-Basin Safety Ledge Configuration

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.

(c)

The applicant shall submit five copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection I(3) of 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.

Maintenance and Repair.

(1)

Applicability. Projects subject to review as in Subsection J(3) of this section shall comply with the requirements of Subsection J(2) and (3).

(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

[3]

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2)(f) and (g) above.

[4]

Post a two year maintenance guarantee in accordance with N.JS.A. 40:55D53.

[Added 4-20-2021 by Ord. No. 21-26]

(h)

The requirements of Subsection J(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

(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

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:

(1)

Stop of all construction activities and/or permit will be revoked until violation (s) is cured.

(2)

Proportional fines to be administered by a Municipal Judge.

§ 150-82.2 Regulating Privately-Owned Salt Storage.

[Added 8-8-2023 by Ord. No. 2023-56]

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.

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.

DE-ICING MATERIALS

Means any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.

IMPERVIOUS SURFACE

Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

PERMANENT STRUCTURE

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:

(1)

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;

(2)

The design shall prevent stormwater run-on and run through, and the fabric cannot leak;

(3)

The structure shall be erected on an impermeable slab;

(4)

The structure cannot be open sided; and

(5)

The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall.

PERSON

Means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

RESIDENT

Means a person who resides on a residential property where de-icing material is stored.

STORM DRAIN INLET

Means the point of entry into the storm sewer system.

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.

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.

All temporary and/or permanent structures must also comply with all other applicable local ordinances, including building and zoning regulations.

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.

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.

Enforcement.

This section shall be enforced by the Department of Housing during the course of ordinary enforcement duties.

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.

§ 150-83 Affordable Housing Requirements.

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.

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.

Definitions. The following terms, when used in this Ordinance, shall have the following meanings:

[Amended 5-23-2017 by Ord. No 2017-50]

ACT

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

ADAPTABLE

Means constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

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).

AFFIRMATIVE MARKETING

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.

AFFORDABILITY AVERAGE

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.

AFFORDABLE

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.

AFFORDABLE HOUSING DEVELOPMENT

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.

AFFORDABLE HOUSING PROGRAM(S)

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

AFFORDABLE UNIT

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.

AGENCY

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.).

AGE-RESTRICTED UNIT

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.

ALTERNATIVE LIVING ARRANGEMENT

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.

ASSISTED LIVING RESIDENCE

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.

CERTIFIED HOUSEHOLD

Means a household that has been certified by an Administrative Agent as a low-income household or moderate-income household.

COAH

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.

DCA

Means the State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

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.

DEVELOPER

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.

DEVELOPMENT

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.

DEVELOPMENT FEE

Means money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

EQUALIZED ASSESSED VALUE

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.

INCLUSIONARY DEVELOPMENT

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.

LOW-INCOME HOUSEHOLD

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.

LOW-INCOME UNIT

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

MAJOR SYSTEM

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.

MARKET-RATE UNITS

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

MEDIAN INCOME

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.

MODERATE-INCOME HOUSEHOLD

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.

MODERATE-INCOME UNIT

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

MULTIFAMILY RESIDENTIAL DEVELOPMENT

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.

NON-EXEMPT SALE

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.

RANDOM SELECTION PROCESS

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).

REGIONAL ASSET LIMIT

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.

REHABILITATION

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

RENT

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.

RESTRICTED UNIT

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.

UHAC

Means the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26, et seq.

VERY LOW-INCOME HOUSEHOLD

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.

VERY LOW-INCOME UNIT

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

WEATHERIZATION

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.

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:

[1]

Zero (0) Points:

[a]

On-site set-aside: Five (5) percent of total number of units in development, rounded up to next whole number

[b]

Payments-in-lieu-of-construction: The remainder of the units up to the required 15 percent set-aside shall be provided as payments in lieu of construction

[2]

One (1) Point:

[a]

On-site set-aside: Six (6) percent of total number of units in development, rounded up to next whole number

[b]

Payments-in-lieu-of-construction: The remainder of the units up to the required 15 percent set-aside shall be provided as payments in lieu of construction

[3]

Two (2) Points:

[a]

On-site set-aside: Seven (7) percent of total number of units in development, rounded up to next whole number

[b]

Payments-in-lieu-of-construction: The remainder of the units up to the required 15 percent set-aside shall be provided as payments in lieu of construction

[4]

Three (3) Points:

[a]

On-site set-aside: Eight (8) percent of total number of units in development, rounded up to next whole number

[b]

Payments-in-lieu-of-construction: The remainder of the units up to the required 15 percent set-aside shall be provided as payments in lieu of construction

[5]

Four (4) Points:

[a]

On-site set-aside: Nine (9) percent of total number of units in development, rounded up to next whole number

[b]

Payments-in-lieu-of-construction: The remainder of the units up to the required 15 percent set-aside shall be provided as payments in lieu of construction

[6]

Five (5) Points:

[a]

On-site set-aside: Ten (10) percent of total number of units in development, rounded up to next whole number

[b]

Payments-in-lieu-of-construction: The remainder of the units up to the required 15 percent set-aside shall be provided as payments in lieu of construction

[7]

Six (6) Points:

[a]

On-site set-aside: Eleven (11) percent of total number of units in development, rounded up to next whole number

[b]

Payments-in-lieu-of-construction: The remainder of the units up to the required 15 percent set-aside shall be provided as payments in lieu of construction

[8]

Seven (7) Points:

[a]

On-site set-aside: Twelve (12) percent of total number of units in development, rounded up to next whole number

[b]

Payments-in-lieu-of-construction: The remainder of the units up to the required 15 percent set-aside shall be provided as payments in lieu of construction

[9]

Eight (8) Points:

[a]

On-site set-aside: Thirteen (13) percent of total number of units in development, rounded up to next whole number

[b]

Payments-in-lieu-of-construction: The remainder of the units up to the required 15 percent set-aside shall be provided as payments in lieu of construction

[10]

Nine (9) Points:

[a]

On-site set-aside: Fourteen (14) percent of total number of units in development, rounded up to next whole number

[b]

Payments-in-lieu-of-construction: The remainder of the units up to the required 15 percent set-aside shall be provided as payments in lieu of construction

[11]

Ten (10) or More Points:

[a]

On-site set-aside: Fifteen (15) percent of total number of units in development, rounded up to next whole number

[b]

Payments-in-lieu-of-construction: None

(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.

(8)

Requirements for Affordable Housing. The standards of Section 150-83F shall apply.

(9)

Certificates of Occupancy. The standards of Section 150-83D shall apply.

(10)

Administration. The standards of Section 150-83E shall apply.

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.

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:

[1]

Provide an occupant for each bedroom;

[2]

Provide children of different sexes with separate bedrooms;

[3]

Provide separate bedrooms for parents and children; and

[4]

Prevent more than two persons from occupying a single bedroom.

(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:

[1]

Sublease or assignment of the lease of the unit;

[2]

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

[3]

The entry and enforcement of any judgment of foreclosure on the property containing the unit.

(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:

[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; and

[3]

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

(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.

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.

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.

[7]

Exempted from these provisions shall be approvals for the following classes of development:

[a]

Utility facilities.

[b]

Educational, cultural and outdoor recreational facilities.

[c]

Quasi-public uses, including clubs, lodges and similar uses.

Public uses.

Hospital uses.

Collection of Fees.

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.

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.

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.

Appeals.

[Amended 5-23-2017 by Ord. No. 2017-50]

(1)

Appeals from all decisions of an Administrative Agent appointed pursuant to this Ordinance shall be filed in writing with the Court.

§ 150-83.1 SCR Senior Citizen Multifamily Residential Conditional Use.

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.

Standards for Type, Density or Intensity of Use. Overall standards for a senior citizen multifamily development shall be as follows:

(1)

Conditional land uses shall be limited to the enumerated overlay zones.

(2)

The plan shall provide for a tract area to be developed as a single entity for an existing nonresidential structure.

(3)

Gross density/intensity shall be limited to the maximum stated below:

(a)

Gross residential density shall not exceed 22.5 dwelling units per gross acre.

(b)

The plan shall provide that the floor area ratio shall not exceed 0.50 for all buildings and structures as determined by the sum of all building floors, including garages, divided by the gross tract area.

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.

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.