[Ord. No. 2003-18]
The Schedule of Zoning Limitations accompanies and is hereby
made part of this chapter. The regulations contained in the Schedule
of Zoning Limitations, in conjunction with the Supplemental Use and
Building Regulations set forth herein, govern the use of land in the
Township of Springfield.
[Ord. No. 2003-18]
The use and building regulations contained in this section supplement
and are in addition to the regulations for each district contained
in the Schedule of Zoning Limitations.
[Ord. No. 2003-18; Ord. No. 2010-36; Ord.
No. 2013-07 § 1(A); amended 4-13-2021 by Ord. No. 2021-08]
a. Design of Structures. No structure shall hereafter be erected, constructed
or placed, in any residential zone, which shall be substantially similar
to any neighboring structure, as herein after defined, whether said
neighboring structure be then in existence, or whether a construction
permit has been issued or applied for. No building shall be altered
or enlarged to be substantially similar to any neighboring structure.
Said structure shall not be inappropriate to its neighborhood with
respect to the elements of exterior design affecting the character
of the neighborhood such as size, height and materials used in construction,
with particular attention given to:
1. The appearance and shape of roof lines.
2. The appearance and arrangement of windows and other apertures in
the front elevation and of floor, chimney, porch and garage in the
same elevation.
3. The type, kind and color of materials used in said front elevation.
b. Design Schedule.
1. The following design schedule shall be followed for any development
without regard to sectional subdivision thereof:
Total Number of Homes in Proposed Development
|
Minimum Number of Different Basic Type Floor Plans Required
|
Minimum Number of Different Front Elevations Required For Each
Type of Floor Plans
|
---|
1 to 10 inclusive
|
1
|
3
|
11 to 25 inclusive
|
1
|
5
|
26 to 50 inclusive
|
2
|
3
|
51 and over
|
3
|
3
|
Structures between which the only difference in relative location
of elements is end to end or side to side, increase or decrease in
width or depth of structure or the reversal of elements, shall be
deemed to be like each other.
|
2. In relation to the premises with respect to which a structure is
sought to be erected, constructed, placed, altered or enlarged, said
structure shall be deemed to be a neighboring structure if the subject
property is either of the following:
(a)
Any lot on the street upon which the structure would front,
which is the first or second lot next along said street in either
direction, without regard to intervening street lines.
(b)
Any lot of which part of the street line frontage lies directly
across the street from said premises.
c. Drainage and Driveway Design. For any individual single-family lot
a grading plan shall be submitted to the Department of Engineering,
Construction Services and Code Enforcement for approval prior to the
issuance of a building permit. The grading plans and driveways serving
individual single family homes shall meet the following standards:
[Amended 12-18-2018 by Ord. No. 2018-24]
1. Grading shall be sloped downward from all walls and foundations of
buildings to adequate out-falls or to drainage swales discharging
into adequate outfalls.
2. Vertical fall shall be a minimum of six inches and the horizontal
length of said fall shall be a minimum of 10 feet except as restricted
by limitation of property lines wherein the six inch fall must be
to the property line.
3. Balance of lot gradient for unpaved areas shall be a minimum of 2%.
4. Maximum slopes for usable rear yards shall be 5/8 inch per foot 5.2%
away from building for a fifteen-foot distance.
5. Maximum slopes for usable front and side yard areas shall be two
inches per foot 16.7% away from building for a minimum four foot distance,
except as limited by side lot lines.
6. All other areas shall be graded no steeper than two feet horizontal
to one foot vertical unless held by satisfactory existing cover or
rock outcropping.
7. Top and bottom of banks shall be rounded for convenient maintenance.
8. All areas shall be sloped to lower elevations off the lot or to drainage
structures on the lot.
9. All driveways leading to garages which are detached or attached to
or part of a building, the doors of which face the street, shall slope
downward from the garage to the street as per the New Jersey Residential
Site Improvement Standards (RSIS).
10. All driveways shall be at least nine feet in width, except that driveways
providing access to a two car garage shall provide an eighteen-foot
width for a distance of at least 30 feet from said garage.
11. All driveways providing direct access to a County or State roadway
shall provide an on-site turnaround to prevent vehicles from backing
directly onto said roadway.
12. No driveway shall be located within five feet of a side property
line, except that within the S-60 Zone, driveways may be located within
two feet of a side property line.
13. All driveways shall be at least 20 feet long, as measured from the
building facade to the nearer of the sidewalk line or paved portion
of the roadway.
14. Driveways providing access to corner or through lots shall be limited
to the street with the lower traffic volume only, or, in the case
of intersecting and/or parallel streets with substantially the same
traffic volume, to only one of the intersecting and/or parallel streets.
The driveway shall be located so as to avoid interfering with sight
distance.
15. In addition, the following items must be included on the plan:
(c)
Existing grades of all lots and streets within 20 feet of the
property in question.
(d)
Quantity in cubic yards of all soil being disturbed on the property.
That includes soil moved from or to the property.
(e)
Soil erosion measures in accordance with the Soil Conservation
District of Union/Somerset Counties.
(f)
Present and proposed surface water drainage including drainage
calculations.
(h)
Existing and proposed structures, driveways and walkways.
(i)
Block, lot, property address and area.
d. Proof of Compliance. In addition to all requirements with respect to the submission and approval of subdivision plats required by this chapter, regulations adopted by the Board pursuant thereto, and other municipal requirements with respect to subdivision approval, application to the Construction Code Enforcement Official for one or more construction permits in a residential subdivision shall be accompanied by a subdivision plat reflecting compliance with the provisions of Subsection
35-15.1a through
c, including the following:
1. The type of house as to floor plan and exterior elevation to be erected
on each lot.
2. The final grade elevations for each lot giving grade points at the
four corners of the lot and the four corners of the house.
3. Indication of all necessary swales together with the ground elevations
along same.
4. The finished first floor elevation of the house be shown indicating
that there shall be a minimum of a four inch step down between the
house and the garage.
5. Grading design reflecting preservation of natural site features where
practicable.
6. Provisions for diversion of water away from buildings and prevention
of standing water and soil saturation detrimental to structures and
to lot use.
7. Provision for disposal of water from the lot.
8. Provision for appropriate finished grades for safe and convenient
access to and use of lot areas with ease of maintenance and for safe
access around the building for its maintenance.
e. Location of Freestanding Air-Conditioning Equipment. Freestanding
air-conditioning equipment shall be located a minimum of 10 feet from
any property line, except that nonconforming air conditioning structures
may be replaced without a variance from the Zoning Board of Adjustment
provided the new unit does not increase the existing nonconforming
characteristics of the structure.
f. Accessory Use Home Occupations. Certain home occupations, shall be
considered accessory use home occupations, if they do not violate
any of the criteria of this section. These home occupations shall
be permitted as of right as an accessory use if they conform to the
following criteria, and a zoning permit is issued by the Zoning Officer:
1. The home occupation shall be clearly subordinate to the residential
use.
2. Such home occupation shall be conducted by the owner or tenant residing
on the premises.
3. No employees other than residents are permitted.
4. No more than 25% of the total floor area is allowed to be devoted
to the home occupation.
5. No outdoor storage is allowed.
6. There shall be no more than five client/customer visits to the property
per month.
7. No retail sales or rentals are permitted on the premises.
8. No personal services establishments are permitted.
9. Site plan approval is not required.
10. Home occupations shall not cause any off-site noise, odors, radiation,
glare, radio interference, etc.
11. No toxic or hazardous materials that would constitute a danger to
the environment or neighboring properties shall be stored on the premises.
12. Home occupations shall be allowed no more than two non-passenger
car deliveries per day, excluding U.S. Mail delivery.
13. No signs shall be permitted.
14. No additional parking, other than that required for the residential
use, shall be required.
15. Any alteration to the dwelling for the home occupation shall maintain
the residential character and appearance of the building.
g. Location of Permanently Installed Generators. Permanently installed
generators in residential zones shall not be permitted in any front
yard. Such equipment shall be installed a minimum of 10 feet from
the side yard property line, between the front yard setback and rear
of the principal structure, or adjacent principal residential structure,
whichever is further from the street. Such equipment shall be installed
a minimum of 5 feet from all other side and rear yard property lines.
Equipment shall be screened from adjacent property lines or public
streets by appropriate wall, fence or planting subject to approval
of the Zoning Officer. Equipment shall be installed in conformance
with all flood elevation regulations. All installations shall require
the appropriate building subcode approvals and meet all of the manufacturer's
specifications. Testing of the generator shall occur only between
the hours of 12:00 p.m. and 4:00 p.m. on weekdays.
[Amended 4-13-2021 by Ord. No. 2021-08]
h. On stand-alone freestanding air conditioning, emergency generator,
dish antennas, or pool equipment installation or replacement applications,
if the area covered by such lot coverage increase is less than or
equal to 30 square feet, such coverage shall be considered a permitted,
de minimis increase of lot coverage for purposes of the installation.
If the area of coverage exceeds 30 square feet, the entire area of
the lot coverage increase shall count toward maximum permitted lot
coverage.
[Added 4-13-2021 by Ord. No. 2021-08]
[Ord. No. 2003-18]
Within any M-R, Multifamily Residential District, no building
or group of buildings shall be constructed except in conformance with
the following:
a. Permitted Density.
1. No more than 16 dwelling units per acre shall be allowed.
2. Living quarters for the owner, superintendent manager or other employee
necessary to the maintenance of the building(s) shall be included
in the computation of the total number of dwelling units permitted.
b. Spacing Between Buildings. In the layout of buildings on a lot or
tract of land, the following minimum distances shall be maintained:
1. Between all principal buildings: 35 feet.
2. Between any principal buildings and detached accessory buildings:
20 feet.
3. Between any principal buildings and any paved surface: 15 feet.
c. Limitations For Units.
1. When a two-story building is designed to provide a series of two-story
dwelling units separated and attached by party walls, a maximum of
eight dwelling units shall be contained in any one such building.
First floor front and rear entrances shall be provided for each dwelling
unit.
2. No more than 32 dwelling units shall be permitted in any building.
d. Occupancy Restrictions.
1. There shall be no living quarters located above the second story.
2. There shall be no living quarters in either a basement or a cellar.
3. In every unit containing one or more bedrooms, access to every living
room and bedroom and to at least one bathroom shall be had without
passing through any bedroom.
e. Ventilation. Unless originally designed and constructed to provide
air conditioning for all dwelling units, every building shall be so
designed that each unit within the building shall have not less than
two exterior exposures for each dwelling unit, the same being properly
pierced by windows in order to provide either through or corner ventilation.
Freestanding air-conditioning equipment shall be located a minimum
of 30 feet from any property line.
f. Maximum Length of Front Facades. The maximum length of any front
facade shall not exceed 160 feet before a break or offset in such
facade is introduced. Such offset shall be a minimum of four feet.
g. Circulation and Parking.
1. Interior streets, roads and driveways shall comply with the requirements
of the New Jersey Residential Site Improvement Standards.
2. Pedestrian sidewalks shall be provided along both sides of all new
streets and in locations wherever normal pedestrian traffic will occur.
3. Parking including off street parking shall be provided in accordance
with the requirements of the New Jersey Residential Site Improvement
Standards.
4. No parking area shall be located in the front yard of any apartment
tract, nor within 10 feet of any property line which is adjacent to
a single-family dwelling or district.
h. Landscaping and Screening.
1. All developments shall be provided with professionally designed landscaping schemes in accordance with the requirements in §
35-24 and as required by the approving authority.
2. Open space designed and developed for recreational purposes, including
landscaped areas, parks, ballfields or playgrounds, shall be provided
and shall equal at least 15% of the tract.
i. Utilities and Facilities.
1. Refuse recycling and other utility areas, where provided, shall be
located for the occupants' convenience and in such a manner as to
enhance the aesthetic character of the development.
2. Coin-operated laundry washing and drying machines may be located
in the basement of the buildings for the sole use of the occupants.
Outdoor drying of laundry is prohibited.
3. In each development, master television antennas and/or cable equipment
shall be built into the building(s). The erection of individual antennas
on the roof(s) of any building is prohibited.
4. The installation and design of other improvements and utilities shall
comply with the improvements and design standards established in this
chapter.
j. Storage.
1. Each building shall contain for each dwelling unit a minimum of 200
cubic feet of storage area in a convenient place in the basement or
ground floor where personal belongings and effects of occupants may
be stored without constituting a fire or health hazard.
2. Each building shall contain for each dwelling unit 50 cubic feet
of common storage area for bicycles, carriages and similar types of
frequently used equipment and utensils.
[Ord. No. 2003-18; amended 11-22-2016 by Ord. No.
2016-26]
a. Tract requirements. A Planned Development - Affordable Housing District
(PD/AH) tract of land lying wholly within the PUD zone (Block 4001,
Lot 2) and consisting of approximately 8.5 acres.
b. Principal permitted uses.
1. Multifamily dwellings in accordance with the standards set forth in Subsection
35-15.3Ae.
2. Common open space, in accordance with Subsection
35-15.3j.
c. Housing need compliance. Development of housing within this zone
shall require the following minimum of the total units provided to
be affordable to very-low-, low- and moderate-income households: 20%
if the units are offered for sale, 15% if the units are offered for
rent. Should units in other locations within the Township be converted
to affordable housing to fulfill this obligation the requirement shall
be a minimum of 20% of the units provided on this site. A minimum
of 50% of the affordable units in any development shall be low-income
units. Thirteen percent of the affordable units shall be available
to very-low-income households, which shall be counted as part of the
low-income housing units.
d. Development in this zone shall comply with the requirements in §
35-15.7 and other provisions common and applicable to all AH Zones, unless otherwise regulated in this section.
e. Permitted accessory uses.
1. Recreation facilities to serve the residents of the development.
2. Off-street parking in accordance with the provisions of §
35-23 and the standards of the New Jersey Residential Site Improvement Standards (RSIS).
5. Other accessory uses customarily incidental and subordinate to the
principal permitted use.
f. Development criteria.
1. Density. The maximum density permitted for the area of the PUD devoted
to this use is 20 units per acre with a maximum of 170 total dwelling
units.
2. Maximum height. No principal building shall exceed 40 feet in height
and three stories.
3. Minimum front yard setback shall be 30 feet.
4. Minimum rear yard setback shall be 50 feet.
5. Minimum side yard setback shall be 30 feet.
6. Minimum distance between buildings shall be 30 feet.
7. Maximum building coverage shall be 30%.
8. Maximum lot coverage shall be 65%.
[Ord. No. 2003-18; Ord. No. 09-011 § I]
a. Office Development in the 1-20 and 1-40 Districts. In the event an
owner of land located within the 1-20 or 1-40 General Industrial Districts
desires to construct or establish an office use within the 1-20 or
1-40 District, all of the requirements of the O-Office Zone District
shall apply in place of the 1-20 or 1-40 District requirements.
b. Drive-in Banking Facilities. Where banks are permitted and a drive-in
window or windows are to be installed, the following requirements
shall be satisfied in addition to all other applicable zoning provisions:
1. There shall be a minimum of two access driveways serving any bank
with a drive-in window or windows.
2. Internal circulation shall be such that queued vehicles for the drive-in
windows do not interfere with parking or site ingress and egress.
Additionally, vehicles exiting from the parking area shall not be
required to use a drive-in window lane.
3. A separate ten-foot wide lane shall be provided for each drive-in
window with a minimum stacking capacity of six vehicles each. In addition,
there shall be a by-pass lane provided with a minimum width of 10
feet.
c. Setback From a Residential District or Use. No wall of any principal
building erected in a nonresidential district shall be closer than
50 feet from a residential district boundary line or residential lot
line.
d. Location of Freestanding Air-Conditioning Equipment. Freestanding
air-conditioning equipment shall be located a minimum of 30 feet from
any residential use or district boundary line, and shall be properly
screened subject to the approval of the appropriate agency.
e. Drive Through Windows. Drive through windows for all other permitted
uses shall require a separate ten-foot wide lane for each window with
a minimum stacking capacity of six vehicles each. In addition, there
shall be a by-pass lane provided with a minimum width of 10 feet.
f. Temporary Tents in the H-C District. A temporary tent may be placed
for retail sales in the Highway Commercial District, subject to the
following requirements:
1. It shall only be used by a business in a building on the subject
property, for the sale of products normally sold by such business;
2. It shall be permitted for up to two, thirty-day periods within any
calendar year, which periods may be consecutive.
3. The tent shall not occupy more than 20% of the total parking area
available on the subject property, if there is only one business.
If more than one business occupies the subject property, the parking
area available shall be based upon applicant's pro rata share of the
entire parking area.
4. Building, fire and all other necessary permits or licenses must be
obtained prior to placement of the tent.
[Ord. No. 2003-18; Ord. No. 2008-10 § I; Ord. No. 2010-21 § II; Ord. No. 2013-07 § 1(B); amended 4-13-2021 by Ord. No. 2021-08]
a. Nuisance Uses. In addition to the provisions of Subsection
35-4.4 of this chapter, any use or activity constituting or creating a nuisance is prohibited. In addition, no artificial lighting shall be maintained or operated on a property in such a manner as to be a nuisance or an annoyance to neighboring properties. No lighting shall shine directly upon any abutting property.
[Amended 9-13-2016 by Ord. No. 2016-20]
b. Accessory Buildings and Uses. No accessory building or use shall
be constructed except in conformance with the following:
1. All accessory buildings and uses shall be located on the same lot
as the principal use they are intended to serve unless otherwise permitted
by this chapter.
2. No construction permit shall be issued for any accessory building
or structure prior to the issuance of a construction permit for the
principal building to be located on the same lot.
3. No accessory building or structure shall be located in a front yard,
and all such buildings or structures shall be located at least five
feet from a rear or side property line.
4. No accessory building shall be located within 10 feet of any other
building.
5. No more than two accessory buildings shall be permitted on any lot
in the S-60, S-75 or S-120 Zones.
6. The height of any accessory building, shall not exceed 15 feet.
7. No accessory structure shall be permitted in any nonresidential zone,
with the exception of freestanding signs where permitted, freestanding
air conditioner units, emergency generators, transformers and other
utility equipment, which are subject to site plan review. All such
equipment shall be suitably screened from neighboring properties and
comply with flood elevation regulations.
[Amended 4-13-2021 by Ord. No. 2021-08]
c. Outdoor Storage of Materials, Goods, Supplies and Vehicles.
1. The outdoor storage and/or sale of goods and materials shall not
be permitted in all non-residential zones.
2. In any residential district or property, no commercial vehicle shall
be stored, unless it is stored in a private garage, provided the vehicle
is used by the current resident of the property on which it is stored,
as an accessory use. Any variance from this section shall be deemed
a bulk variance pursuant to N.J.S.A. 40:55D-70c, and shall not run
with the land.
[Amended 9-13-2016 by Ord. No. 2016-17]
d. Flood Plain Regulations and Storm Drainage.
1. Flood Plain Regulations. Areas determined to lie within the flood plain shall be regulated by this chapter and further regulated by Chapter
32 Flood Damage Prevention, and New Jersey Department of Environmental Protection requirements as supplemented and amended.
2. Storm Drainage. All developments shall comply with the requirements
of the Township of Springfield Storm Water Control and Flood Plain
Ordinance, and the New Jersey Residential Site Improvement Standards
where applicable, as supplemented and amended.
e. Critical Areas.
1. The location of the principal or accessory structure in critical
areas shall be minimized to the greatest extent practical, and shall
be pursuant to all State and Federal regulations. Additionally disturbance
of steep slopes shall not exceed the following:
Steep Slope Category
|
Maximum Disturbance
|
---|
15 - 19.99%
|
40%
|
20 - 24.99%
|
20%
|
25% +
|
5%
|
Steep slope disturbance necessary for utility easements and
utility rights-of-way are exempt from any disturbance limitations.
Disturbance of steep slopes in amounts greater than indicated above
shall require variance approval from the Board hearing the application.
|
2. All single family residential lots created after the adoption date
of this chapter shall contain at least 6,000 square feet of contiguous,
non-critical land with direct access to an existing or public street.
3. In addition to the lot coverage requirements of this chapter, no
development shall provide more than 80% lot coverage of the non-critical
area of the lot.
f. Satellite Dish Antennas. Satellite dish antennas shall be permitted
as an accessory use in all zones of the Township provided the following
conditions are met:
1. No more than one such antenna is permitted per lot.
2. All satellite dish antennas located in single family residential
zones shall be situated in rear or side yards and located not closer
than 10 feet from any property line. All such antennas shall be suitably
screened from neighboring properties.
3. Nonresidential uses shall be permitted to erect an antenna on the
side or roof of a principal or accessory building provided said antenna
is suitably screened from public view. No antenna in a nonresidential
zone shall be permitted in a front yard.
4. Ground mounted antennas shall not exceed 15 feet in height, and building
mounted antennas shall not exceed 12 feet in height above the main
ridge of the roof of the building. Pole mounted antennas shall not
exceed the maximum building height permitted in the zone in which
it is located.
g. Swimming Pools. The construction of all swimming pools in the Township shall be in accordance with Chapter
13. A lot grading plan shall be submitted to the Department of Engineering, Construction Services and Code Enforcement for review and approval, before a permit may be issued.
[Amended 12-18-2018 by Ord. No. 2018-24]
h. Inclusionary
development and affordable housing units. All inclusionary development
and affordable housing units, wherever constructed, shall comply fully
with regulations set forth at N.J.A.C. 5:93-1 et seq. and the Uniform Housing Affordability Controls (UHAC)
set forth at N.J.A.C. 5:80-26.1 et seq., except as otherwise set forth
herein.
[Added 11-22-2016 by Ord. No. 2016-26]
i. Pipelines.
[Added 5-26-2020 by Ord. No. 2020-11]
1. Applicability. The provisions in this subsection apply to all hazardous
material transmission pipelines proposed for construction and siting
within the Township. To the extent any regulations within this section
conflict with state or federal regulations or laws regulating hazardous
material transmission pipelines, those state or federal regulations
and laws shall take precedence over these regulations. The regulations
set forth herein shall be in addition to any requirements imposed
upon pipelines and pipeline owners and operators under applicable
state and federal laws, rules and regulations, except to the extent
prohibited by such laws, rules and regulations. The Township hereby
adopts by reference the definitions set forth in the Hazardous Liquid
Pipeline Safety Act of 1979, as amended, and recodified in 49 U.S.C.
§ 601 and 49 CFR 190 to 199, except as otherwise set forth
herein.
2. Pipeline uses. Hazardous material transmission pipelines not distributing
services to end users within the Township which are not otherwise
regulated by the New Jersey Board of Public Utilities are prohibited
in all residential zones and districts within the Township and shall
constitute conditional uses in all other zones and districts within
the Township.
3. As used in this Subsection
35-15.5(i), the following terms shall have the meanings indicated:
ESSENTIAL PUBLIC FACILITIES
Those public facilities which are required in order to provide
basic health and safety services to residents and visitors of the
Township, including, without limitation, water sanitation plants,
water treatment plants, sewer treatment plants, water storage facilities,
telecommunication towers, police stations, fire stations, jails, courthouses,
public health facilities, and emergency operations centers.
HAZARDOUS MATERIAL TRANSMISSION PIPELINE or TRANSMISSION PIPELINE
A pipeline, whether above or below ground, which transports
or is designed to transport a hazardous material. As used herein,
a transmission pipeline includes all parts of those physical facilities
through which a hazardous material moves in transportation, including
pipes, valves, and other appurtenances attached to pipes, compressor
units, pumping stations, metering stations, regulator stations, delivery
stations, emergency response terminals, holders, breakout tanks, fabricated
assemblies, and other surface pipeline appurtenances.
HIGH-CONSEQUENCE LAND USE
A land use that, if located in the vicinity of a hazardous
materials transmission pipeline, represents an unusually high risk
to life in the event of a transmission pipeline failure due to the
characteristics of the inhabitants or functions of the use. High-consequence
land uses include:
(b)
Houses of worship, including churches and other religious institutions;
(d)
High-rise buildings, including hotels, dormitories, apartment
complexes, and office buildings, which may not lend themselves to
a timely evacuation;
(e)
Open space uses, including Green Acres and Borough-owned lands
designated as open space preservation areas, farmland preservation
areas, historic preservation areas, Blue Acres preservation areas,
active recreation areas, and passive recreation areas;
(f)
National Park Service-designated National Natural Landmarks;
(g)
New Jersey Department of Environmental Protection (NJDEP)-designated
New Jersey Natural Areas and Natural Heritage Priority Sites;
(h)
Residential-care facilities;
(i)
Institutional uses, including public and private schools, day-care
facilities, and public or quasi-public buildings; and
(j)
Essential public facilities.
4. Development and construction of new hazardous material transmission
pipelines. The following requirements and standards shall apply for
the development and construction of new hazardous material transmission
pipelines:
(a)
Approvals required; application. A resolution of approval by the Township Planning Board shall be required prior to the commencement of any work to install a transmission pipeline within the Township. An original application for a transmission pipeline approval and permit shall be submitted to the Township Planning Board Secretary and a copy submitted to the Township Engineer. Applications for the development and/or construction of transmission pipelines shall be submitted in accordance to the procedures outlined in Article
IX of this chapter for site plan review. In addition to the procedures in Article
IX, each application shall be accompanied by three sets of plans showing dimensions and locations of the transmission pipelines, related items or facilities within the subject right-of-way and roadway improvements.
(1)
Detailed cross-section drawings for all public street right-of-way
easements, wetland and waterway crossings;
(2)
A flow diagram showing daily design capacity of the proposed
transmission pipeline;
(3)
Changes in flow in the transmission pipeline; and
(4)
The proposed maximum operating pressure, expressed in pounds
per square inch gauge (psig) at all points of change in elevation
greater than 500 feet, or every 500 feet in length as a minimum.
(b)
Hazardous material transmission pipeline corridor. Any easements
or rights-of-way obtained by the transmission pipeline operator shall
be recorded in the office of the Union County Clerk for all new hazardous
material transmission pipelines.
(c)
Setbacks. In order to mitigate the aesthetic and environmental
impacts of hazardous material transmission pipelines, while minimizing
potential damage or interruption to essential public facilities caused
by transmission pipelines, the following setbacks shall be observed:
(1)
Wellhead protection areas.
(i) Except as set forth in this section or unless approved
by the Township Engineer as part of the approval and permit process,
where adequate mitigation measures have been demonstrated by the applicant
to the satisfaction of the Township Engineer, hazardous material transmission
pipeline corridors shall not be located within the vicinity of a designated
wellhead protection area ("WHPA"), and shall not be located closer
than 2,500 feet in a Tier 1 WHPA, 1,000 feet in a Tier 2 WHPA, and
500 feet in a Tier 3 WHPA. However, conditions such as slope and terrain
may require additional mitigation as identified in the permit and
approvals process.
(ii) Wellhead protection area is the surface and subsurface
area surrounding a well or well field through which water will move
toward and reach such well or well field, and contaminants and groundwater
pollution, if either or both exist, may pose a significant threat
to the quality of water withdrawn from the well.
(2)
Except as otherwise set forth in this section, hazardous material
transmission pipelines shall not be located closer than 100 feet to:
(ii) Any year-round naturally occurring creek, stream,
river, private or public well, or pond, unless approved by the Township
Engineer as part of the permit and approvals process where adequate
mitigation measures have been demonstrated by the applicant; or
(iii) Any property in a business district or where
a business is located.
(3)
A hazardous material transmission pipeline, facility or appurtenance
shall not be located closer than:
(i) One thousand feet to any high-consequence land
use lot or essential public facility structure;
(ii) One hundred fifty feet to any residential property,
zone or district on level grade; or
(iii) Two hundred fifty feet to any residential property,
zone or district where the residential property, zone or district
is located downhill from the transmission pipeline, facility or appurtenance
at a grade equal to or greater than 5%, except that no transmission
pipeline shall be located on slopes of a grade equal to or greater
than 15%.
(4)
An emergency response terminal shall not be located closer than:
(i) Two thousand five hundred feet to any high-consequence
land use lot or essential public facility structure; or
(ii) Two thousand five hundred feet to any residential
property, zone or district on level grade.
(d)
Submittal of Information. Preliminary as-built information,
including, without limitation, as-built drawings or additional information
as may be requested by the Township Engineer about the transmission
pipeline will be filed within 90 days before the transmission pipeline
is commissioned with the Township Engineer. Updated as-built information,
including, without limitation, as-built drawings or additional information
as may be requested by the Township Engineer about the transmission
pipeline will be filed within 60 days after the transmission pipeline
is commissioned with the Township Engineer.
(e)
Hazardous Material Transmission Pipeline Construction. The transmission
pipeline owner, operator and/or contractor shall give documented notice
48 hours prior to the commencement of transmission pipeline construction
to the affected residents, businesses (including agricultural businesses)
and to the Township's Police Department and Department of Engineering,
Construction Services and Code Enforcement. Private property owners
and business owners shall have access to their property at all times
during construction.
5. Hazardous Material Transmission Pipeline Failure and Remediation.
In the event that a leak or failure has occurred with the transmission
pipeline, the transmission pipeline operator shall notify the Township
Engineer, Township Department of Engineering, Construction Services
and Code Enforcement, Police Department, and all property owners within
1,000 feet of the affected transmission pipeline area within four
hours of discovery. Transmission pipeline operators shall, after being
notified of an emergency, cooperate with Township officials and make
every effort to respond as soon as possible to protect the public's
health, safety, and welfare. All leak or spill remediation plans shall
be made in consultation with the Township, and no remediation may
be deemed complete without final approval thereof by the Township.
In the event that a transmission pipeline is shut down due to a leak
or failure, the transmission pipeline operator shall not restart the
transmission pipeline without the written approval of the Township
Engineer.
6. In addition to this chapter, the transmission pipeline operator shall comply with the environmental regulations set forth in Chapter
29 of the Township Code.
7. Hazardous Material Transmission Pipeline Repair and Maintenance.
Following any repair of a transmission pipeline, any areas disturbed
by such repair shall be revegetated in accordance with the applicable
provisions of the Township Code.
8. Hazardous Material Transmission Pipeline Marking. Markers shall be
installed and maintained to identify the location of transmission
pipelines in accordance with all federal and state pipeline marking
requirements.
9. Emergency Preparedness Plan. Prior to commissioning a transmission
pipeline, the transmission pipeline operator shall meet with the Township
Police Department and submit a copy of an emergency preparedness plan
for any and all emergencies that may result in an accidental leak
or failure incident regarding the transmission pipeline or any supplemental
equipment. The essential requirements stated in 49 CFR 195.402 and
195.403 shall be covered by the emergency preparedness plan. No transmission
pipeline shall be commissioned, nor shall any hazardous material be
introduced into the transmission pipeline prior to the transmission
pipeline operator receiving written approval of its emergency preparedness
plan by the Chief of Police or his designee. Transmission pipeline
operators shall designate a responsible local emergency response official
and a direct twenty-four-hour emergency phone number.
10. Insurance Required. No transmission pipeline operator shall commission
any transmission pipeline or introduce any hazardous material into
a transmission pipeline without first securing insurance policies
covering general liability, environmental incidents and contamination,
and property damage in an aggregate amount to be determined by the
Township following the submission of an application and which shall
be based upon reasonable estimates of potential liability and property
damage that may result from a leak, spill or other failure of a transmission
pipeline. Prior to commissioning any transmission pipeline and every
year in which the transmission pipeline is in operation thereafter,
the transmission pipeline operator shall submit proof of its insurance
coverage to the Township, and the Township shall be named as an additional
insured on all required policies.
11. Indemnification and Hold Harmless. Prior to commissioning a transmission
pipeline, the transmission pipeline operator shall agree in writing
to indemnify and hold harmless the Township, as well as its officers,
officials, supervisors, employees, agents, contractors, and assigns,
from any and all liability relating to or arising from the transmission
pipeline, including, but not limited to, any failure, leak, spill,
contamination, cleanup, remediation, property damage, and personal
injury. The indemnification and hold-harmless agreement shall include
a provision for the payment of the Township's reasonable attorneys'
fees and litigation costs.
[Ord. No. 2003-18]
Within any OS-GU Open Space-Government Use District, no development
shall occur except in conformance with the following:
a. Permitted Uses.
1. Public parks, playgrounds, open spaces, reservoirs, ice-skating rinks,
ballfields, tennis courts, swimming pools, public schools and Board
of Education facilities, government offices, libraries, firehouses,
first-aid and emergency squad buildings and municipal buildings and
other municipal facilities.
2. Golf courses and country clubs.
3. Customary accessory uses to the above permitted uses.
b. Bulk Requirements. Because of the wide diversity in the nature of
the uses permitted in this zone, no specific bulk requirements are
set forth. The Planning Board, in reviewing development applications
for any uses proposed in this district, shall be guided by generally
accepting planning standards and the design standards of this chapter
to minimize the impact on surrounding properties and to ensure adequate
circulation parking and buffering and other planning concerns.
[Ord. No. 2003-18; Ord. No. 2006-6 § I(A); Ord. No. 2006-21 § I; Ord. No. 2007-04 § I; Ord. No. 2007-18 § I; Ord. No. 2015-21 § 2]
a. Purpose. It is the intent and purpose of the AH Zones to:
1. Provide a realistic opportunity for the provision of low and moderate
income housing sufficient to meet Springfield Township's obligation
as determined by the New Jersey Council on Affordable Housing.
2. Conform to the purposes of the Municipal Land Use Law set forth in
N.J.S.A. 40:55D-2.
3. Comply with the statutory scheme of the Fair Housing Act, the rules
and regulations of the New Jersey Council on Affordable Housing and
sound planning principles.
b. Mandatory Compliance Required. All development applications in the
AH Zones shall comply with the requirements of this section in addition
to any other development requirements of the Township of Springfield.
c. Permitted Principal Uses in the AH Zones. Each zone except the AH-SC
Zone, shall be developed as a single entity. The following are the
principal permitted uses in each of the AH Zones.
1. AH-SC Zone - Apartment building, or group of buildings, or townhouses
devoted exclusively to senior citizens.
2. AH-17 Zone - Apartment buildings, townhouses and single-family dwellings.
3. AH-18 Zone - Apartment buildings or townhouses.
4. AH-24.2 Zone - Apartment buildings.
5. AH-7/RCA Zone - Single-family detached dwellings or townhouses.
6. AH-16 Zone - Apartment buildings or townhouses.
[Added 11-22-2016 by Ord.
No. 2016-26]
7. AHO-1, Affordable Housing Overlay Zone - Apartment buildings or townhouses.
[Added 11-22-2016 by Ord.
No. 2016-26]
8. AHO-2, Affordable Housing Overlay Zone - Apartment buildings or townhouses.
[Added 11-22-2016 by Ord.
No. 2016-26]
d. Permitted Accessory Uses.
1. Any use or structure customarily incidental to a principal permitted
use.
2. Private garages and carports.
4. Recreational facilities to serve residents within the development.
e. Development Criteria for AH-SC Zone.
1. Housing Need Compliance. Development of housing within this zone
shall require a minimum of 20% of the total units provided to be affordable
to low and moderate income households.
2. All housing developed within this zone shall be available exclusively
to senior citizens.
3. Density. The density of housing in this zone shall not exceed 16
units per acre.
4. Development pursuant to this section requires a minimum lot area
of two acres.
5. Maximum Height. No principal building shall exceed 40 feet in height
and three stories.
6. Minimum setback from front, side and rear property lines is 30 feet.
7. Maximum building coverage shall be 25%.
8. Maximum lot coverage shall be 50%.
9. A buffer strip shall be required as described in Subsection
35-23.5, where the development abuts a residential zone or use.
10. Unless otherwise regulated in this section, the provisions of Subsections
35-15.2 and
35-15.3a shall apply except that the permitted maximum number of dwelling units in any building shall be 40.
11. Any property within this zone which has a lot area of less than two
acres may be developed as if located within a General Commercial (GC)
Zone.
f. Development Criteria for AH-17 Zone.
1. Housing Need Compliance. Development of housing within this zone
shall require the following minimum of the total units provided to
be affordable to low and moderate income households: 17% if the low
and moderate units are for sale; 12% if the low and moderate units
are for rent.
2. Density. The density of multifamily housing in any portion of this
zone shall not exceed 17 units per acre. The overall gross density
of the entire tract shall not exceed 15 units per acre.
3. Maximum Height. No principal building shall exceed 40 feet in height
and three stories, provided that no building or part thereof which
is located within 100 feet of a single-family residential district
shall exceed 35 feet in height and 2 1/2 stories.
4. The minimum setback from front, side and rear property lines is 35
feet.
5. Maximum Building Coverage shall be 30%.
6. Maximum Lot Coverage shall be 60%.
7. A buffer strip of a minimum of 25 feet shall be required as described in Subsection
35-23.5 where the development abuts a residential zone or use.
8. Unless otherwise regulated in this section, the provisions of Subsections
35-15.2 and
35-15.3a shall apply.
9. Vehicular access to and from development in this zone shall be directly
with either/or a combination of Mountain Avenue, Springfield Avenue,
or U.S. Route 22. No vehicular access shall be permitted to minor
streets such as Becker Road from development in this zone. Any such
development shall include direct access to U.S. Route 22 for both
ingress and egress, by way of a continued fee ownership of a minimum
fifty-foot right-of-way across the frontage on such highway of the
property designated as Block 3901, Lot 6 on the tax map of the Township
of Springfield, which area shall be rezoned as AH-16 pursuant hereto.
Alternatively, there may be an equivalent easement across such land,
providing for such right-of-way in perpetuity, at which time the zoning
of such area shall revert to the zoning existing at the time of the
effective date of this chapter.
10. No road or multifamily housing units shall be permitted within 100
feet of any boundary line with any property within any single-family
residential zone.
11. Any development within 100 feet of any boundary line with any property
within any single-family residential zone shall be restricted to single-family
use and shall be developed pursuant to the bulk requirements set forth
for the S-60 Zone.
g. Development Criteria for AH-18 Zone.
1. Housing Need Compliance. The developer of housing within this zone
shall have the option of developing multifamily housing per the ordinance
requirements with either:
(a)
A minimum of 20% of the total units provided to be affordable
to low and moderate income households. To the extent that the Township's
rental obligation of 34 affordable units remains to be satisfied,
each rental unit provided shall count as two units; or
(b)
A contribution to the Township's Housing Trust Fund in the amount
of $20,000 per low and moderate income unit which would have been
provided under a above at 20% of the total units provided.
2. Density. The density of housing in this zone shall not exceed 18
units per acre.
3. Maximum Height. No principal building shall exceed 40 feet in height
and three stories.
4. The minimum setback from the tract boundary shall be 30 feet.
5. Maximum Building Coverage shall be 25%.
6. Maximum Lot Coverage shall be 50%.
7. No more than 42 dwelling units shall be permitted in any building.
8. A buffer strip shall be required as described in Subsection
35-23.5 where the development abuts a residential zone or use.
9. The width of streets and driveways shall be no less than 24 feet
unless otherwise provided by the New Jersey Residential Site Improvement
Standards (N.J.A.C. 5:21-1 et seq.)
10. Unless otherwise regulated in this section, the provisions of Subsection
35-15.2 shall apply,
11. All requirements of the New Jersey Residential Site Improvement Standards
(N.J.A.C. 5:21-1 et seq.) shall apply as required by State law.
h. Development Criteria for AH-24.2 Zone.
1. Housing Need Compliance. Development of housing within this zone
shall require a minimum of 11.1% of the total units provided to be
affordable to low and moderate income households. If low and moderate
income housing units are rental units, a minimum of 8.3% of the total
units shall be affordable to low and moderate income families, provided
the Township rental obligation as identified in the adopted Housing
Plan for Springfield Township has not been previously met.
2. Density. The density of housing in this zone shall not exceed twenty-four
and two-tenths (24.2) units per acre.
3. Maximum Height. No principal building shall exceed 40 feet in height
and three stories.
4. Minimum front yard setback shall be 30 feet.
5. Minimum rear yard setback shall be 50 feet.
6. Minimum side yard setback shall be 30 feet.
7. Maximum building coverage shall be 30%.
8. Maximum lot coverage shall be 65%.
9. A buffer strip shall be required as described in Subsection
35-23.5 where the development abuts a residential zone or use.
10. Unless otherwise regulated in this section, the provisions of Subsection
35-15.2 shall apply.
11. Residential development of any property as to which this zone is
an overlay-zone, shall occur on a minimum of 4.88 acres and no other
use of the property shall be permitted.
i. Development Criteria for S-75/AH Zone.
1. Housing Need Compliance. Development within this zone shall comply
with the use, bulk and setback standards and regulations of the S-75
Zone, and subject to compliance with either of the following options.
(a)
The developer shall construct eight low and moderate income
units on another site within the Township of Springfield, subject
to the review and approval of the Planning Board, or
(b)
The developer shall fund the conversion of eight existing dwellings
within the Township of Springfield to be available to low and moderate
income families, subject to the approval of the Planning Board.
2. The affordable units shall be subject to the then current affordability
regulations of the Council on Affordable Housing (COAH) or other agency
charged with regulating affordable housing within the State of New
Jersey in regard to affordability controls and standards.
j. Development
criteria for AH-16 Zone.
[Added 11-22-2016 by Ord.
No. 2016-26]
1. Housing need compliance. Development of housing within this zone
shall require the following minimum of the total units provided to
be affordable to low- and moderate-income households: 20% if the low-
and moderate-income units are for sale and 15% if the low- and moderate-income
units are for rent.
2. Density. The gross density of the tract shall not exceed 16 units
per acre.
3. Maximum height. No principal building shall exceed 40 feet in height
and three stories.
4. The minimum setback from front, side and rear property lines is 35
feet.
5. Maximum building coverage shall be 30%.
6. Maximum lot coverage shall be 60%.
7. Unless otherwise regulated in this section, the provisions of Subsection
35-15.2 shall apply.
k. Supplementary Regulations Applicable to All AH Zones.
1. Phasing Schedule. Low and moderate income housing units within inclusionary
developments shall be built in accordance with the following schedule:
Minimum Percentage of Low and Moderate Income Units Completed
|
Percentage of Market Housing Units Completed
|
---|
0
|
25
|
10
|
25 + 1 unit
|
50
|
50
|
75
|
90
|
100
|
100
|
2. Bedroom Distribution. The low and moderate housing component within
inclusionary developments must meet the following bedroom distribution
requirements.
(a)
At least 30% of all low and moderate income units shall be two-bedroom
units.
(b)
At least 20% of all low and moderate income units shall be three-bedroom
units.
(c)
The combination of efficiency and one-bedroom units is at least
10% and no greater than 20% of the total low and moderate income units.
3. Development Application Procedure.
(a)
An applicant for development in the AH Zones shall submit the required plans and documents to the Township approving agency for review and approval as required by Article
IX, Site Plan and Subdivision Review. The Township approving agency shall distribute the plans to those agencies required by law to review and/or approve development plans and to Township agencies which normally review development plans.
(b)
The Township approving agency shall hold a public hearing on
the application not less than 30 days nor more than 45 days from the
date of submission of a complete application. Approvals shall be governed
by the provisions of N.J.S.A. 40:55D-46 and 40:55D-48.
(c)
Notwithstanding any other ordinance requirements of the Township
of Springfield or the provisions of N.J.S.A. 40:55D-46 and 40:55D-48,
the time period for official action on complete subdivision and site
plan applications for preliminary approval shall be 75 days unless
the applicant consents to an extension of time.
(d)
In addition to material submitted for review as required by Article
IX, Site Plan and Subdivision Review, the applicant must also submit an affirmative marketing plan, an affordability plan and a housing plan. The housing plan shall detail the type, sale and rental schedule for all housing units.
The housing plan shall include but not be limited to information concerning the marketing of units, the sales price and rent schedule of units, the number of units to be sold and/or rented, the number of bedrooms in each housing unit, the square footage of each housing unit and any other reasonable information required under §
35-34 or by any other Township entity.
4. Income
distribution. A minimum of 50% of the affordable units in any development
shall be low-income units. Thirteen percent of the affordable units
shall be available to very-low-income households, which shall be counted
as part of the low-income housing units.
[Added 11-22-2016 by Ord. No. 2016-26]
[Added 11-22-2016 by Ord. No. 2016-26]
Any residential development that is constructed as part of a
redevelopment plan shall include a set-aside for very-low-, low- and
moderate-income housing. If the dwellings are offered for rent, 15%
shall be affordable to low- and moderate-income households. If the
dwellings are offered for sale, 20% shall be affordable to low- and
moderate-income households. A minimum of 50% of the affordable units
in any development shall be low-income units. Thirteen percent of
the affordable units shall be available to very-low-income households,
which shall be counted as part of the low-income housing units.
[Added 11-22-2016 by Ord. No. 2016-26]
a. Affordable Housing Overlay Zone - 1. Developers have the option of
developing lands located in the Affordable Housing Overlay Zone -
1 (AHO-1) pursuant to the following criteria:
1. The site must be a minimum of three acres.
2. The maximum density permitted is 16 units per acre, unless the total
size of the property is five acres or more, in which case the maximum
density permitted shall be 18 units per acre.
3. No property shall be developed unless it shall have access to a public
street other than or in addition to U.S. Highway Route 22.
4. The minimum percentage of low- and moderate-income units to be set
aside is 20% for sales units and 15% for rental units.
5. A minimum of 50% of the affordable units in any development shall
be low-income units. Thirteen percent of the affordable units shall
be available to very-low-income households, which shall be counted
as part of the low-income housing units.
6. Development standards and regulations for projects developed at a density of 16 units per acre shall be pursuant to §
35-15.7j as in the AH-16 Zone. Development standards and regulations for projects developed at a density of 18 units per acre shall be pursuant to §
35-15.7g as in the AH-18 Zone, with the exception that there is no option for a contribution to the Township's Housing Trust Fund.
b. Affordable Housing Overlay Zone - 2. Developers have the option of
developing lands located in the Affordable Housing Overlay Zone -
2 (AHO-2) pursuant to the following criteria:
1. The maximum density permitted is 18 units per acre.
2. The minimum percentage of low- and moderate-income units to be set
aside is 20% for sales units and 15% for rental units.
3. A minimum of 50% of the affordable units in any development shall
be low-income units. Thirteen percent of the affordable units shall
be available to very-low-income households, which shall be counted
as part of the low-income housing units.
4. Development standards and regulations for projects developed pursuant to this option shall be pursuant to §
35-15.7g as in the AH-18 Zone, with the exception that there is no option for a contribution to the Township's Housing Trust Fund.
c. Mandatory set-aside. Any residential development, in any zone within
the Township, proposed at a density of six units per acre or greater
shall include a mandatory set-aside of 20% of the units to be affordable
to low- and moderate-income households if they are offered for sale
and 15% of the units to be affordable to low- and moderate-income
households if they are offered for rent. A minimum of 50% of the affordable
units in any development shall be low-income units. Thirteen percent
of the affordable units shall be available to very-low-income households,
which shall be counted as part of the low-income housing units. These
include any new development proposed through rezoning, use variance,
subdivision or site plan applications. This does not give any developer
the right to such rezoning, variance or other relief, or establish
any obligation on the part of Springfield, its Planning Board or Zoning
Board of Adjustment to grant such rezoning, variance or other relief.