[Ord. No. 93-24]
The title by which this chapter shall be known is "The Zoning
Ordinance of the Township of Warren."
[Ord. No. 93-24]
In their interpretation and application, the provisions of this
chapter shall be held to be minimum and requirements adopted for the
promotion of the public health, safety, morals and general welfare.
Among other purposes, the provisions of this chapter are intended
to provide adequate light, air and convenience of access; avoid undue
concentration of population by regulating and limiting the use of
land, the height and bulk of buildings wherever erected; to limit
and determine the size of yards and other open spaces; to regulate
the density of population; and to conserve the value of property and
encourage the most appropriate use of land throughout the Township,
all in connection with the purposes of N.J.S.A. 40:55D-2 et seq.
[Ord. No. 93-24]
It is not intended by this chapter to repeal, or change the
existing provisions of other laws or ordinances, except those specifically
repealed by this chapter.
Where this chapter imposes a greater restriction upon the use
of buildings or premises or upon the height of buildings or lot coverage,
or requires greater lot area, or larger yards, or other open spaces
than are imposed or required by such rules, regulations or permits
or by such private restrictions, the provisions of this chapter shall
prevail.
[Ord. No. 93-24; Ord. No. 01-32, § 1; Ord. No. 02-15, § 1; Ord. No. 02-42, § 2; Ord. No. 07-46 § 1; Ord. No. 14-04 § 1; Ord.
No. 2016-23 § 1; Ord.
No. 2016-28 § 1; amended 2-28-2019 by Ord. No. 19-07; 2-28-2019 by Ord. No. 19-08; 3-14-2019 by Ord. No. 19-12; 3-14-2019 by Ord. No.
19-14; 3-14-2019 by Ord. No. 19-15;3-14-2019 by Ord. No. 19-16; 3-14-2019 by Ord. No. 19-17; 4-11-2019 by Ord. No. 19-13; 8-13-2020 by Ord. No. 20-20]
The Township is hereby divided into zones known as:
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R-10
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Residential District
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R-20
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1/2 Acre Residential
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R-20(V)
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1/2 Acre Residential
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R-20 (V) PAC
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1/2 Acre Residential/Planned Adult Community
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R-40
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Rural Residential District
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R-65
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1 1/2 Acre Residential
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R-65/PAC
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1 1/2 Acre Residential/Planned Adult Community
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R-65/SC
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1 1/2 Acre Residential/Senior Citizen/Community Business
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ECR
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Environmental Critical Rural Residential District
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CR-130/65
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3-1 1/2 Acre Environmental Critical Rural Residential District
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EP-250
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6 Acre Residential Environmental Protection
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CB
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Community Business
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NB
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Neighborhood Business
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BR-40
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Business Residential (1 Acre)
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BR-80
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Business Residential (2 Acre)
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RBLR
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Residential Business Limited Retail
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OR
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Office Research
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ORH
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Office Research Hotel
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G-I
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General Industrial
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HNB
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Historic Neighborhood Business District
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Affordable Housing Districts
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R-RAH
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Affordable Housing
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R-10AH
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Affordable Housing
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R-10AH/MF
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Affordable Housing
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R-40 AHMF
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Affordable Housing
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R-MF
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Affordable Housing
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AH-1
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Affordable Housing
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AH-2
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Affordable Housing
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AH-3
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Affordable Housing
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AH-4
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Affordable Housing
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AH-5
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Affordable Housing
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AH-6
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Affordable Housing
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AH-8
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Affordable Housing
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UR-F
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Urban Renewal-F Affordable Housing Overlay
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The zones are established by the designations, locations, and
boundaries set forth and indicated on the Official Zoning Map prepared
by John T. Chadwick, IV, P.P., dated 10/6/11 which is attached to
and made a part of this chapter. The Official Zoning Map is to be
located in the office of the Township Engineer (hereinafter referred
to as Engineer) and maintained by him and on file in the office of
the Township Clerk with Ordinance No. 11-17.
Amendments:
(1)
Pursuant to Ordinance No. 13-18, subsection 16-3.1 entitled "Official Zoning Map" is hereby further amended and supplemented in accordance with the Zoning Map dated March 21, 2013, on file in the Township Engineer's Office and in this Ordinance No. 13-18 on file in the Township Clerk's Office.
[Ord. No. 13-18 § 2]
(2)
Pursuant to Ordinance No. 14-04, Section 16-3 entitled "Official Zoning Map and Interpretation" is hereby supplemented and amended by the amendment of the Official Zoning Map as authorized by subsection 16-3.1 entitled "Official Zoning Map" to include the HNB-Historic Neighborhood Business District zone as shown on Exhibit A (which may be found on file in the Township offices), which zone district shall include the following lots:
[Ord. No. 14-04 § 2]
(3)
Pursuant to Ordinance No. 2016-17, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is amended as follows:
[Ord. No. 2016-17]
a.
Change the zoning district classification on the Official Zoning
Map from CR 130/65 Residential to OR Office Research District for
the following properties:
(4)
Pursuant to Ordinance No. 2016-18, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is amended as follows:
[Ord. No. 2016-18]
a.
Change the zoning district classification on the Official Zoning
Map from R-65 Residential and R-40 Rural Residential to CR 130/65
Environmental Critical Rural Residential District for the following
properties:
(5)
Pursuant to Ordinance No. 2016-19, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is amended as follows:
[Ord. No. 2016-19]
a.
Change the zoning district classification on the Official Zoning
Map from CR-130/65 Environmental Critical Rural Residential to OR
Office Research District for the following properties:
1.
Block 37 Part of lots 13.03 and 13.07.
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The boundaries of the rezoned area are indicated on Exhibit
A which may be found on file in the Township offices attached to Ordinance
No. 2016-19.
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(6)
Pursuant to Ordinance No. 2016-20, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is amended as follows:
[Ord. No. 2016-20]
a.
Change the zoning district classification on the Official Zoning
Map from CR-130/65 Environmental Critical Rural Residential to R-65
Rural Residential District for the following properties:
(7)
Pursuant to Ordinance No. 2016-21, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is amended as follows:
[Ord. No. 2016-21]
a.
Change the zoning district classification on the Official Zoning
Map from R-65 Residential to CR-130/65 Environmental Critical Rural
Residential District for the following properties:
(8)
Pursuant to Ordinance No. 2016-22, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation", of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is amended as follows:
[Ord. No. 2016-22]
a.
Change the zoning district classification on the Official Zoning
Map from G-I General Industrial to R-40 Rural Residential District
for the following properties:
1.
Block 79 Lots 2, 3, 4 and 5
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The boundaries of the rezoned area are indicated on Exhibit
A which may be found in the Township offices attached to Ordinance
No. 2016-22.
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(9)
Pursuant to Ordinance No. 2016-23, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is amended as follows:
[Ord. No. 2016-23]
a.
Change the zoning district classification on the Official Zoning
Map from OR Office Research to ORH Office Research Hotel District
for the following properties:
1.
Block 85.01 Lots 1 and 2
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The boundaries of the rezoned area are indicated on Exhibit
A which may be found in the Township offices attached to Ordinance
No. 2016-23.
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(10)
Pursuant to Ordinance No. 2016-24, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is hereby amended as follows:
[Ord. No. 2016-24]
a.
Change the zoning district classification on the Official Zoning
Map from R-65 Rural Residential to CR-130/65 Environmental Critical
Rural Residential District for the following properties:
1.
Block 86 Part of lot 3.01 and Part of lot 4.
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Boundaries of the rezoned area are indicated on Exhibit A which
may be found in the Township offices attached to Ordinance No. 2016-24.
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(11)
Pursuant to Ordinance No. 2016-25, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is amended as follows:
[Ord. No. 2016-25]
a.
Change the zoning district classification on the Official Zoning
Map from R-65 Residential to RBLR Residential Business Limited Retail
District for the following properties:
1.
Block 90 Part of Lot 1.
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The boundaries of the rezoned area are indicated on Exhibit
A which may be found in the Township offices attached to Ordinance
No. 2016-21.
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(12)
Pursuant to Ordinance No. 2016-26, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is amended as follows:
[Ord. No. 2016-26]
a.
Change the zoning district classification on the Official Zoning
Map from R-65 Rural Residential to R-10 Residential District for the
following properties:
1.
Block 90 Lots 6-9.02, 12-15 and 18.
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The boundaries of the rezoned area are indicated on Exhibit
A which may be found on file in the Township offices attached to Ordinance
No. 2016-26.
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(13)
(14)
Pursuant to Ordinance No. 2017-18, Section 16-3 entitled "Official Zoning Map and Interpretation" is hereby supplemented and amended by the amendment of the Official Zoning Map as authorized by subsection 16-3.1 entitled "Official Zoning Map" to include the Lindberg Avenue Area Redevelopment Zone District as shown on Exhibit A (which may be found on file in the Township offices), which zone district shall include the following lots:
[Ord. No. 2017-18 § 2]
a.
Block 114, Lot 22.03, and a portion of Lot 22.04.
(15)
Pursuant to Ordinance No. 2017-19, Section 16-3 entitled "Official Zoning Map and Interpretation" is hereby supplemented and amended by the amendment of the Official Zoning Map as authorized by subsection 16-3.1 entitled "Official Zoning Map" to include the King George Inn Area Redevelopment Zone District as shown on Exhibit A (which may be found on file in the Township offices), which zone district shall include the following lots:
[Ord. No. 2017-19 § 2]
a.
Block 78, Lot 12
(16)
Pursuant to Ordinance No. 2017-20, Section 16-3 entitled "Official Zoning Map and Interpretation" is hereby supplemented and amended by the amendment of the Official Zoning Map as authorized by subsection 16-3.1 entitled "Official Zoning Map" to include the Flag Plaza Area Redevelopment Zone District as shown on Exhibit A (which may be found on file in the Township offices), which zone district shall include the following lots:
[Ord. No. 2017-20 § 2]
a.
Block 88.04, Lot 15
(17)
Pursuant to Ordinance No. 2017-21, Section 16-3 entitled "Official Zoning Map and Interpretation" is hereby supplemented and amended by the amendment of the Official Zoning Map as authorized by subsection 16-3.1 entitled "Official Zoning Map" to include the Mt. Bethel Area Redevelopment Zone District as shown on Exhibit A (which may be found on file in the Township offices), which zone district shall include the following lots:
[Ord. No. 2017-21 § 2]
a.
Block 78, Lots 15.01 and 15.02.
(18)
Pursuant to Ordinance No. 2017-25, Section 16-3 entitled "Official Zoning Map and Interpretation" is hereby supplemented and amended by the amendment of the Official Zoning Map as authorized by subsection 16-3.1 entitled "Official Zoning Map" to include Mt. Horeb and Mt. Bethel Roads Area Redevelopment Zone District as shown on Exhibit A (which may be found on file in the Township offices), which zone district shall include the following lots:
[Ord. No. 2016-27; Ord. No. 2017-25 § 2]
a.
Block 71, Lot 37.01
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The boundaries of the rezoned area are indicated on Exhibit
A which may be found on file in the Township offices attached to Ordinance
No. 2016-27.
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(19)
Pursuant to Ordinance No. 2016-28, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is hereby amended as follows:
[Ord. No. 2016-28 § 2]
a.
Change the zoning district classification on the Official Zoning
Map from R-20 Residential to R-10 Residential District for the following
properties:
(20)
Pursuant to Ordinance No. 2017-04, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is amended as follows:
[Ord. No. 2017-04]
a.
Change the zoning district classification on the Official Zoning
Map from CR 130/65 Residential to OR Office Research District for
Block 8, Lot 3.
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The boundaries of the rezoned area are indicated on Exhibit
A which may be found in the Township offices attached to Ordinance
No. 2017-04.
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For prior map amendments see Editor's Note.
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If, in accordance with the provisions of this chapter and the
Revised Statutes of the State of New Jersey, changes are made in the
district boundaries or other matters portrayed in the map by the Township
Committee, such changes shall be made promptly by the Engineer after
the amendment has taken effect as provided by law. For each change
in the map, a note shall be made thereon, stating the date of revision
and the ordinance number.[1]
[Ord. No. 93-24; Ord. No. 11-17 § 2] |
[1]
Editor's Note: The Zoning Map and amendments thereto are not
contained herein. Map amendments include Ordinance Nos. 94-7, 95-4,
95-14, 96-26, 97-11, 97-16, 2000-11, 2000-19, 01-23, 01-32, Ord. Nos.
02-42, Ord. Nos. 06-36, 07-29, 07-30, 07-33, 07-34, 07-40, 07-48,
07-49, 07-50, 07-51, 07-52, 07-53, 07-54 and 11-06.
(21)
Pursuant to Ordinance No. 19-07, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is hereby amended as follows:
[Added 2-28-2019 by Ord.
No. 19-07]
(22)
Pursuant to Ordinance No. 19-08, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is hereby amended as follows:
[Added 2-28-2019 by Ord.
No. 19-08]
(23)
Pursuant to Ordinance No. 19-12, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is hereby amended as follows:
[Added 3-14-2019 by Ord.
No. 19-12]
(24)
Pursuant to Ordinance No. 19-13, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is hereby amended as follows:
[Added 4-11-2019 by Ord.
No. 19-13]
(25)
Pursuant to Ordinance No. 19-14, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is hereby amended as follows:
[Added 3-14-2019 by Ord.
No. 19-14]
(26)
Pursuant to Ordinance No. 19-15, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is hereby amended as follows:
[Added 3-14-2019 by Ord.
No. 19-15]
(27)
Pursuant to Ordinance No. 19-16, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is hereby amended as follows:
[Added 3-14-2019 by Ord.
No. 19-16]
(28)
Pursuant to Ordinance No. 19-17, subsection 16-3.1 entitled "Official Zoning Map" of Section 16-3 entitled "Official Zoning Map and Interpretation" of Chapter 16, entitled "Zoning" of The Revised General Ordinances of the Township of Warren is hereby amended as follows:
[Added 3-14-2019 by Ord.
No. 19-17]
[Ord. No. 93-24]
Whenever an uncertainty or ambiguity exists as to the true location
of any boundary line of any district (zone) shown on the map, the
following rules shall apply:
a.
Center Lines. Boundary lines indicated as following or approximately
following streets, highways or other public or private ways, shall
be construed to coincide with the center line.
b.
Platted Lines. Boundaries indicated as following or approximately
following lot lines shall be construed as coinciding with lot lines.
c.
Municipal Lines. Boundaries indicated as following or approximately
following municipal lines shall be construed to coincide with the
Township boundary.
d.
For the G-1 zone district only common ownership of land within the G-I zone district and the adjoining residential zone shall permit nonresidential development upon the adjoining residentially zoned land in accordance with standards established in subsection 16-17.6, Permitted Modifications, provided the common land ownership is:
[Ord. No. 93-24]
For the purpose of this chapter, certain terms or words used
herein shall be interpreted as follows:
a.
Words used in the present tense include the future.
b.
Words used in the singular number include the plural number; and
the plural, singular.
c.
The word "shall" indicates a mandatory requirement; and the word
"may" indicates a permissive action.
d.
The word "person" includes a firm, association, organization, partnership,
trust, company, or corporation, as well as an individual.
e.
The word "used" or "occupied" includes the words "intended, designed,
or arranged to be used or occupied."
f.
The word "building" includes the word "structure."
[Ord. No. 93-24; Ord. No. 97-13 § 1; Ord. No. 02-07 § 1; Ord.
No. 05-38 § 1; Ord. No.
05-40 § 1; Ord. No. 11-09, § 2; Ord. No. 11-13 § 1]
The following words and terms shall have the meaning set forth,
except where otherwise specifically indicated. Words and terms not
defined shall have the meaning indicated by common dictionary definition.
A building subordinate to the main building on a lot and
used for the purposes customarily and incidental to those of the main
building.
A use customarily, incidental and subordinate to the principal
use conducted on a lot. The use shall bear a relationship to the principal
use.
A public or private way which does not conform to a definition
of a street at the rear or side of a lot, which normally affords a
secondary means of access to the abutting property. Frontage on any
alley shall not be construed as satisfying the requirements of frontage
on a dedicated street.
As applied to a building or structure, an alteration is:
(1) a change or rearrangement in the structural parts or in the means
of ingress or egress; (2) an enlargement or reduction, whether by
extending an exterior wall or by increasing or decreasing in height;
(3) the moving the structure from one location to another.
A "dwelling unit" as defined in this chapter.
A building of not more than three stories in height on a
lot and contains four or more dwelling units.
A person who is regularly engaged in the fine arts such as
painting and sculpture or in the performing or creating arts including
choreography and film making, or in the composition of music on a
professional basis.
A facility which is licensed by the New Jersey Department
of Health and has obtained a certificate of need from said Department
to provide apartment-style housing, congregate dining and assisted
living services when needed for four or more adult persons unrelated
to the proprietor of the facility. Apartment units offer, at a minimum,
one unfurnished room, a private bathroom, a kitchenette, and a lockable
door on the unit entrance (source N.J.A.C. 8:36-1.3).
Any building or land area or portion thereof, used or intended
to be used for the purposes of automobile body repair, including,
but not limited to, repair or replacement of exterior automobile bodies,
welding and straightening of body parts, straightening of automobile
frames, and sanding or painting of exterior body parts and other customary
services of this trade.
An establishment where automobiles are washed as the principal
use on a lot. The word "washed" shall include "interior cleaning and
treatments" commonly referred to as "detailing."
Any building, land area or other premises or portion thereof,
used or intended to be used for the purposes of rendering specialized
services associated with the maintenance of automobiles, including:
muffler repair and replacement, brake repair and replacement, automobile
lubrication, transmission repair and replacement, tire sales, installation
and alignment, auto upholstery installation, alternator and starter
repair and replacement, auto glass installation and replacement, automobile
detailing and engine repair and replacement.
A place where old metal junk or material of any kind including,
but not by way of excluding, disabled vehicles either held or not
held for sale in parts or as junk metal or materials, paper, glass,
rags, bags, or other old material is collected, bought, sold, stored
or dealt in. Any place, establishment or land which is maintained,
operated or used for storing, keeping, buying, selling or just leaving
junk on said premises or for the maintenance or operation of an automobile
graveyard is hereby defined as a "junkyard."
That portion of a building which is partly below and partly
above grade, and having at least 1/2 its height and more than 50%
of its cubic volume above grade.
A for profit or not for profit boarding home, rest home,
or other home for the sheltered care of adult persons which, in addition
to providing food and shelter for four or more persons unrelated to
the proprietor, also provides any personal care or service beyond
food, shelter and laundry. These type of facilities may include but
not be limited to halfway houses, homes for battered spouses and children,
homes for the developmentally disabled, and homes to provide a transition
from long-term institutional care to normal activities.
Any dwelling in which two or more rooms or more than five
persons rent with or without meals exclusive of the family as defined
herein.
Buffer area shall mean an area to provide a visual separation
of uses and/or activities in which no building, parking area, driveway
(except to provide access to property and which is perpendicular to
the (buffer area), street, sign (except directional sign), light fixture(s)
or storage of materials shall be permitted.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of steps and uncovered porch, terrace, patio or similar.
All dimensions shall be measured between the exterior faces of walls.
The vertical distance from the finished grade to the top
of the highest roof beams on a flat or shed roof, the deck level on
a mansard roof, and the average distance between the eaves and the
ridge level for gable, hip and gambrel roofs.
A building in which the principal use of a lot is conducted.
A term used to indicate the standards and regulations that
control the height, density, intensity and location of structures.
That portion of a building which is partly or completely
below grade, and having at least 1/2 its height and more than 50%
of its cubic volume below finished grade.
A certificate issued by the Construction Code Official of
Warren Township which permits the use of property in accordance with
the approved plans and specifications and all applicable governmental
laws, ordinances and regulations.
A change of use of a building shall occur if occupancy changes
from one use group to another as defined by the Uniform Construction
Code of the State of New Jersey.
All trucks and trailers, loaded or unloaded, buses or other
vehicles with linear measurements greater than any one of the following:
20 feet in length, seven feet in width excluding rear view mirrors,
or eight feet in height excluding radio antenna. Also included are
all cabs or tractors capable of pulling a trailer. Specifically excluded
from this definition are privately used campers and motor homes.
Any community residential facility licensed pursuant to N.J.S.
30:11B-1 et seq. providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to: group homes, half-way houses, intermediate
care facilities, supervised apartment living arrangements, and hostels.
Such residence shall not be considered a health care facility within
the meaning of the "Health Care Facilities Planning Act" N.J.S. 26:2H-1
et seq. In the case of such community residence housing mentally ill
persons, such residence shall have been approved for a purchase of
service contract or an affiliation agreement pursuant to such procedures
as shall be established by regulation of the Division of Mental Health
and Hospitals of the Department of Human Services. As used in this
act, "developmentally disabled person" means a person who is developmentally
disabled as defined in section N.J.S. 30:11B-2, and "mentally ill
person" means a person who is afflicted with a mental illness as defined
in R.S. 30:4-23, but shall not include a person who has been committed
after having been found guilty of criminal offense by reason of insanity
or having been found unfit to be tried on a criminal charge.
Means any shelter approved for a purchase of service contract
and certified pursuant to standards and procedures established by
regulation of the Department of Human Services pursuant N.J.S. 30:40-1-14
providing food, shelter, medical care, legal assistance, personal
guidance, and other services to not more than 15 persons who have
been victims of domestic violence, including any children of such
victims, who temporarily require shelter and assistance in order to
protect their physical or physiological welfare.
An official document issued by the Construction Code Official
of Warren Township, authorizing the erection, alteration, repair,
renovation, demolition or removal of any building or structure, including
excavation, filling and grading related to construction of a building.
Such uses which are incidental to the use of the dwelling
for residential purposes. Customary home occupation shall include,
but not be limited to:
Individual instruction of music, singing, etc.
Individual private tutoring.
Portrait painting or sculpturing, etc.
Contractors, tradesmen, provided no materials or equipment are
kept at the site.
Home-based and self-employed salesperson and/or representative,
provided no product is stored or distributed and no personal service
rendered at the site.
Family day care homes in accordance with subsection 16-5.20 of this chapter.
The permitted number of dwelling units per gross area of
land area to be developed.
An establishment where patrons are served food, soft drinks,
ice cream and similar confections, inclusive of refreshment stands
commonly called "snack bars," dairy bars," "hamburger stands" or "hot
dog stands" or similar uses where customers and patrons are served
food, soft drinks or ice cream primarily for their immediate consumption
outside the confines of the building or structure in which the business
is conducted, regardless of whether seats or other accommodations
are provided for the patrons thereto.
A permanent building or portion thereof providing sleeping
room(s), bathroom(s) and kitchen facilities for the use of one or
more persons. Dwelling units shall be differentiated one from the
other as follows:
A building designed and used as a residence for three or
more families living independently of each other and doing their own
cooking therein, including apartment houses but not including motels.
A detached building designed for and occupied exclusively
by one family.
An attached single-family building wherein no family shall
occupy air space one above the other as defined in N.J.S. 46:8-1 et
seq.
A building designed for and occupied exclusively by two families
living independently of each other.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
One or more persons living together as a single non-profit
housekeeping unit whose relationship is of a permanent and domestic
character, as distinguished from fraternities, sororities, societies,
clubs and associations. Nothing herein shall be deemed to interfere
with or restrict the placement of children in a group home per N.J.S.
40:55D-66 or any other use of single-family dwellings protected by
State Statute. All commercial residences, non-familial institutions,
boarding homes and other such occupancies shall be excluded from single
family zones.
A private residence which is registered as a family day care
home pursuant to the "Family Day Care Provider Registration Act,"
(N.J.S. 30:5B-16 et seq.); and is further defined as a private residence
in which child care services are provided for a fee to not less than
three and no more than five children at any one time for not less
than 15 hours per week.
Agricultural activity conducted on an area of a lot of not
less than five acres in size. The land area required by this chapter
for a single family dwelling shall not be included as part of the
farm land area.
Sand, gravel, earth or other materials of any composition
whatsoever placed or deposited by any person or persons so as to form
a level surface or an embankment or raise the elevation of the land
surface.
Premises where the principal business conducted thereon is
the sale, supply and disposing of gasoline, oil, grease, batteries,
tires and automobile accessories at retail, and where normal automobile
maintenance and minor repairs are performed, not including auto body
work and auto laundry.
The land area which lies within the 100-year flood line as
depicted on the current State of New Jersey Department of Environmental
Protection and Energy (NJDEPE), Division of Water Services, Bureau
of Flood Plain Management, Delineation of Floodway and Flood Hazard
Area Maps.
The area of floors of a structure measured from the exterior
face of exterior walls. The floor area shall not include: basement
or attic floor area.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
Operation of timber tracts, tree farms, forest nurseries
and related activities such as forestation services and the gathering
of gums, barks, balsam needles, and maple sap, and which meets the
requirements of the "Farmland Assessment Act."
A sign supported by poles, columns, upright or foundations
affixed to the ground but not attached to any part of any building.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation; provided, however, in designating
a wetland, the three parameter approach (that is, hydrology, soils
and vegetation) enumerated in the April 1, 1987 interim final draft
"Wetland Identification and Delineation Manual," developed by the
United States Environmental Protection Agency, and any subsequent
amendments thereto shall be used.
A public sale of used personal property commencing not earlier
than 9:00 a.m., terminating by sundown and extending not more than
a three-day period. Garage sales shall offer only used items and personal
property owned by the resident of the property when the sale is held.
No new merchandise shall be offered for sale nor may merchandise from
sources other than home(s) be brought in and offered for sale.
The mean-average finished ground elevation at the corners
of the building.
The floor area in a structure for living, working, sleeping,
playing, eating or cooking (bathrooms, toilet compartments, closets,
hallways and like space being included). Attics and basement floor
space shall not be considered a habitable floor space unless finished
into one of the uses set forth above.
Any material which is listed or defined by the NJDEPE as
hazardous to the public health, safety or welfare.
Any building, structure, area or property that is significant
in the history, architecture, archeology or culture of the Township,
the State of New Jersey or the Federal Government and has been so
designated officially by any of the said government bodies.
See CUSTOMARY HOME OCCUPATION.
Land devoted to the production for sale of fruits of all
kinds, including grapes; nuts and berries; vegetables; nursery; floral,
ornamental and greenhouse products, and which meets the requirements
of the "Farmland Assessment Act."
A building which contains 100 or more furnished living units
for its occupants and in which no living unit contains more than two
rooms, exclusive of bathroom, foyer closet or dressing area, terraces
or balconies, and providing among other things such services and features
as lobby, maid and valet service, linens, central dining room, lounges,
concessions, room service, dispensary, games and hobby rooms, public
assembly area and other services and features customarily provided
in a hotel, including twenty-four-hour office service and dwelling
units, as defined in this subsection, for the sole use of resident
employees.
A place where old metal, junk or material of any kind, including,
but not by way of excluding, disabled vehicles either held or not
held for sale in parts or as junk metal or materials, paper, glass,
rags, bags or other old material is collected, bought, sold, stored
or dealt in. Any place, establishment or land which is maintained,
operated or used for storing, keeping, buying, selling or just leaving
junk on said premises or for the maintenance or operation of an automobile
graveyard is hereby defined as a "junkyard".
Any site whereon a business of boarding, selling or breeding
dogs for sale is conducted. A pet shop is not included hereinabove.
A designated parcel, tract or area of land, established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
CORNER LOTA lot at the junction of and fronting on two or more intersecting streets. The greater frontage of a corner lot is its depth and its lesser frontage is its width.
LOT, FLAGA lot not meeting minimum frontage requirements and where access to the public road is by a private right-of-way or driveway.
LOT LINEAny boundary line of a lot.
DEPTH OF LOTThe mean distance between its mean front lot line and its mean rear lot line.
WIDTH OF LOTThe width of any lot shall be measured along a straight line connecting the points of intersection of the required minimum front setback line and the side lines of the lot.[1]
A use which involves a facility which contains at least 100
sleeping rooms each having its own bathroom. Such use may also contain
meeting rooms, office and temporary office space, restaurants and
retail-commercial space.
A use that does not comply with the regulations of this chapter
for the zone in which it is located.
A building where organized care or instruction is given to
more than six children under the age of seven years and requiring
a minimum of 435 square feet of open space per person and which requires
a license from the New Jersey Department of Community Affairs.
A health care facility regulated by the New Jersey Department
of Health and for which a certificate of need is issued by the New
Jersey Department of Health.
A roofed structure which projects beyond the main wall of
the building and is supported by columns but has no side walls or
windows.
Any land or water area essentially unimproved and set aside,
dedicated, designated or reserved for public or private use or enjoyment
or for the use and enjoyment of owners and occupants of land adjoining
or neighboring such open space; provided that such areas may be improved
with only those buildings, structures, streets and off-street parking
and other improvements that are designed to be incidental to the natural
openness of the land.
For the purpose of this chapter, an off-street parking space
shall consist of an open or enclosed space on a lot adequate for parking
an automobile, with properly related access to a public street or
alley.
Standards regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions. The specific standards are set forth in subsection 16-5.13 of this chapter.
The main purpose for which a lot or building is used.
A building which is accessory to the main building and provides
for the storage of motor vehicles and in which no occupation, business
or service for profit is carried on.
Any building, premises or land, or part thereof, other than
a private garage, used for the storage, repair of motor vehicles for
profit, or where any such vehicles are kept for hire.
A facility licensed to grow and cultivate recreational marijuana
and to sell recreational marijuana to cultivation facilities but not
to consumers.
[Added 4-11-2019 by Ord.
No. 19-20]
An entity licensed to purchase recreational marijuana; manufacture,
prepare and package recreational marijuana items; and sell items to
other recreational marijuana product manufacturing facilities and
to recreational marijuana retailers, but not to consumers.
[Added 4-11-2019 by Ord.
No. 19-20]
an entity licensed to purchase recreational marijuana from
recreational marijuana cultivation facilities and recreational marijuana
items from recreational marijuana product manufacturing facilities
or recreational marijuana wholesalers, and to sell recreational marijuana
and recreational marijuana products to consumers from a retail store,
which shall also be known as a dispensary.
[Added 4-11-2019 by Ord.
No. 19-20]
An independent, third-party entity meeting accreditation
requirements and which is licensed to analyze and certify the safety
and potency of recreational marijuana items.
[Added 4-11-2019 by Ord.
No. 19-20]
Portion of a development, specifically designed for active
or passive recreation, including but not limited to sitting areas,
formal and informal sports fields, game rooms, court games, pools,
gazebos and pavilions.
Premises where materials containing scrap metal and glass
are brought to be sorted, baled, or compacted and then shipped to
another location for use in a substantially different form. A recycling
site does not include any use involving hazardous materials or flammable
materials or the exposure of merchandise for retail use at the site.
A public eating facility where patrons are first seated at
tables, booths or counters, after which food is ordered by them is
served to the patrons by waiters or waitresses at such tables, booths
or counters. The term "restaurant" does not include drive-in restaurants
or fastfood restaurants as otherwise defined in this chapter. (See
subsection 16-13.2c6.)
Any apparatus, including structural supports, which is designed
for the purpose of receiving television, radio, microwave, satellite
or similar signals, with the exception of conventional television
antennas. Such apparatus is commonly referred to as a dish antenna.
A line drawn parallel to a lot line and at a distance specified in Section 16-8, Schedule, of this chapter.
A structure containing no more than six bedrooms for occupancy
by low and moderate income individuals of 62 years of age or greater.
Any name, identification, description, display or device
which is affixed to, or painted on, or represented directly or indirectly
upon a building, structure or parcel of land, and which directs attention
to a person, organization, institution, activity, place, object. The
word "sign" shall also mean and include any and all forms of advertisement
or display as fully described in this chapter and in the Uniform Construction
Code.
A ground-mounted solar connection system consisting of a
linked series of photovoltaic modules.
A panel or other solar energy device, the primary purpose
of which is to provide for the collection, inversion, storage and
distribution of solar energy for electricity generation, space heating,
space cooling or water heating.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
be no floor above it, then the space between the floor and the ceiling
next above it; the interior of a roof shall not be considered a ceiling.
The height of a story shall be the minimum defined by the Uniform
Construction Code.
A story under a pitched roof at the top of a building and
as defined in the Uniform Construction Code.
Any thoroughfare, avenue, boulevard, road, parkway, viaduct,
drive or other way (a) which is an existing State, County or Municipal
roadway; or (b) which is shown upon a plat heretofore approved pursuant
to law; or (c) which is approved by official action as provided by
this chapter, or (d) which is shown on a plat duly filed and recorded
in the office of the County Clerk prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
The street right-of-way line forming the dividing line between
the public right-of-way and a lot privately owned.
A street that has not been, or will not be, accepted by the
municipality or other governmental entity.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
Any improvement or repair of a structure, the cost of which
equals or exceeds 50% of the market value of the structure before
the improvement is started or the damage has occurred.
Private residential and public pools, permanently constructed,
above or below ground, having a depth of more than two feet and/or
a water surface of more than 100 square feet, designed and maintained
for swimming and bathing purposes; pools include all buildings, structures,
edging, aprons, walkways and equipment appurtenant thereto.
A pool not permanently installed, lacking water filtration,
circulation and purification systems, without braces or supports,
and having less than two feet in water in depth and less than 100
square feet of water surface area.
A facility not open to the general public, which provides
space for training and instruction in a temporary work environment
and where sleeping, dining accommodations and other amenities are
provided. The facility shall not be deemed a hotel or motel.
FRONT YARDA front yard is an open space within and extending the full width of the lot between the front lot line and the principal building or front yard setback line, whichever the lesser. The depth of the yard shall be measured from the front lot line, where the same coexists with the street right-of-way line or 25 feet from the centerline of the street where the front lot line by deed extends into the roadway.
REAR YARDA rear yard is an open space within and extending the full width of the lot between the rear walls of the principal building or rear yard setback line, whichever the lesser and the rear lot line.
SIDE YARDA side yard is an open space within the lot line between a side lot line and the principal building or side yard setback line, whichever the lesser.
The person designated and charged with the administration
and enforcement of this and all other applicable land use ordinances.
A document signed by the Zoning Officer which:
Is required as a condition precedent to the commencement of
a use and occupancy or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building.
Acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom has been duly authorized by a municipal agency pursuant to Chapter 15 of the Revised General Ordinances of the Township of Warren.
[1]
Editor's Note: The former definition of "medicinal cannabis
retail establishment," added 4-11-2019 by Ord. No. 19-20, which immediately
followed this definition, was repealed 12-12-2019 by Ord. No. 19-55.
[Ord. No. 93-24]
This chapter shall apply to the construction, nature and extent
of uses of all buildings and structures, and to the nature and extent
of the uses of land. No building, structure or land, or any part thereof,
shall be used or occupied and no building or structure shall be erected,
constructed, reconstructed, moved, repaired, extended, converted,
altered, maintained or used unless in conformity with all of the regulations
of this chapter specified for the district in which it is located.
All regulations set by this chapter within each of the districts shall
be minimum regulations and shall apply uniformly to each class or
kind of structure or land, and particularly, except as hereinafter
provided.
[Ord. No. 93-24; Ord. No. 98-9, § 1]
a.
Zoning Exemption. Regardless of whether the Township or any duly
constituted Township Board, Agency, Department, Authority or Independent
Township Fire Company or Township Rescue Squad is acting in or pursuant
to the performance of a governmental or proprietary function, any
municipally owned, operated or controlled building, structure, facility
or use, or one owned by an Independent Township Fire Company or Township
Rescue Squad, either existing or proposed (except for said fire companies
or rescue squads such exemption shall only be for existing uses not
proposed uses), shall be permitted in any class of zone as set forth
in this chapter (applicable bulk requirements shall be as reasonably
determined by the Warren Planning Board), it being the intention of
this subsection that whatever the Township may authorize to do shall
constitute a function of government and that whenever the Township
shall act pursuant to granted authority, it acts as government and
not as a private entrepreneur.
b.
Site Plan Exemption. The Township or any duly constituted Township
Board, Agency, Department, Authority or Independent Township Fire
Company, or Township Rescue Squad acting in the performance of a governmental
or proprietary function, shall be exempt from site plan approval requirements
for any land development projects being completed by it. This exemption,
in the cases of Independent Township Fire Companies or Township Rescue
Squads, shall only for construction related to the purposes of storage
of the company's or squad's vehicles, life safety equipment and necessary
administrative floor space. Further, this exemption does not affect
the requirements of N.J.S. 40:55D-31 entitled "Review of Capital Projects."
The Township, or its Boards, Agencies, Departments, Authorities or
Independent Township Fire Companies or Township Rescue Squads will
file land development projects to the Township Planning Board for
its review, comment and recommendations pursuant to N.J.S. 40:55D-31.
[Ord. No. 93-24; Ord. No. 96-11 § 1]
a.
No yard or any other open space required about or in connection with
any building or buildings on a lot shall be used for any other building.
b.
No existing yard or existing lot shall be reduced in dimension or
area below the minimum requirements set forth herein. Yards or lots
created hereafter shall meet at least the minimum requirements established
by this chapter.
c.
Except as hereinafter specified, required yard areas shall be entirely
free of buildings, parking and storage areas.
d.
Cornices, eaves, steps, bulkheads, bay/box/bow windows, and chimneys
only may project not more than three feet over any required yard area.
Cantilevered or garrison designed buildings shall not project into
any required yard area.
e.
Sills, leaders, belt courses and similar ornamental or structural
features may project only six inches into any required yard.
f.
The requirements for yard areas shall not apply to any retaining
wall, steps or any other fence or wall which is less than three feet
high. Multiple retaining walls constructed in a required yard area
shall be separated one from the other by a level area of a width equal
to the highest adjoining retaining wall.
g.
On a corner lot, no building or structure shall be located nearer
to a street line than the required front yard depth.
[Ord. No. 93-24; Ord. No. 96-11 § 2]
a.
On any lot running through from one street to another, the front
of the lot, for the purposes of this section, shall be considered
the frontage upon which the majority of the buildings in the same
block front. Regardless, the front yard setback shall be required
from both street frontages.
b.
The minimum lot frontage (as distinguished from lot width) may equal, but shall be no less than 2/3 of the required lot width as set forth in the schedule contained in Section 16-8 and further provided that no lot shall have a frontage of less than 65 feet. This provision shall apply to all lots, including those fronting upon the turn-around of a cul-de-sac or upon a street having a curved alignment with an outside radius of less than 500 feet.
[Ord. No. 93-24]
No lot shall be so subdivided or reduced in area as to cause
any open space required by this chapter to be less in any dimension
than is required for the zone and lot in question.
[Ord. No. 93-24]
Off-street parking space shall be provided as required in Section 16-24.
[Ord. No. 93-24]
a.
Any access driveway to any use shall be deemed to be accessory to
such use. No driveway that is accessory to a business or industrial
use shall be established in any residential zone.
b.
Ingress or Egress. No ingress or egress over private roads or private
driveways through districts zoned for residential uses shall be permitted
to or from nonresidential properties except for driveways designated
for emergency access and approved by the Township.
[Ord. No. 93-24; Ord. No. 99-2 § 1; Ord. No. 09-02 § 1; Ord.
No. 11-09 § 3]
a.
The vertical distance from the finished grade to the top of the highest
roof beams on a flat or shed roof, the deck level on a mansard roof,
and the average distances between the eaves and the ridge level for
gable, hip and gambrel roofs.
b.
Height limits shall not apply to flag poles, chimneys, or cupolas,
provided that the horizontal area of such parts does not exceed 0.1%
of the ground area covered by the main building, and further provided
that height limits shall not apply to roof mounted heating, air conditioning
or other mechanical equipment except that such equipment, when visible
when standing at ground level from a residential zone, shall be screened
by a wall, cover or by other means and that such screening shall be
in keeping with the architectural motif of the building.
c.
Height limits shall not apply to antenna(s) mounted on the roof of
the principal building provided that such antenna(s) shall not extend
above the roof by more than 35 feet or the height of the principal
building, whichever is lesser. No such antenna(s) shall have any form
of lighting.
[Ord. No. 93-24]
No accessory buildings shall be placed in any required yard except as specified hereinafter in the Schedule, Section 16-8.
a.
The aggregate ground area covered by accessory buildings in the required
rear yard area shall not exceed 20% of the required rear yard area
within any zone.
b.
Limitations. Except for farm accessory buildings no accessory building
within any zone shall be more than 20 feet in height or 1 1/2
stories, whichever the lesser. No building permit for any accessory
building shall be issued in any zone until a permit for a permitted
principal structure has been issued and construction started.
1.
No accessory building within any zone shall be located within the
required front yard area.
2.
On through lots (any lot running from one street to another), no
accessory building erected in the rear yard shall be nearer the street
line than the minimum distance specified for a front yard setback
on that part of the street which the yard abuts.
3.
Any accessory building attached to the main building shall be considered
part of the main building.
[Ord. No. 93-24]
The lowest floor level in a cellar, basement, crawl space in any building or structure shall not be less than elevation required by the Township of Warren Floodplain and Watercourse Regulations (Chapter 15) unless otherwise specified by NJDEPE.
[Ord. No. 93-24]
The standards for control and regulation of land within said areas are as set forth in Chapter 15 of the Revised General Ordinances of the Township of Warren.
[Ord. No. 93-24]
a.
No building permit shall be issued for building or use or enlargement
of any building or use unless a site plan is approved, and no certificate
of occupancy shall be given unless all construction conforms to the
approved plan, except that site plan approval shall not be required
for:
b.
Site plan application and approval shall be required for all parking
areas not accessory to a single-family or two-family dwelling and
all professional home office uses.
[Ord. No. 93-24]
All uses and activities shall comply with performance standards
as set forth herein.
Means standards (1) adopted by ordinance pursuant to N.J.S.
40:55D-65, regulating noise levels, glare, earth borne or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and inflammable matters, smoke and air borne particles,
waste discharge, screening of unsightly objects or conditions and
such other similar matters as may be reasonably required or (2) required
by applicable Federal or State laws or municipal ordinances.
[Ord. No. 93-24]
In any district on any corner lot, no fence, sign (other than a post(s) or pylon(s) having a diameter of eight inches or less) or other structure, planting or other obstruction to vision in excess of 30 inches up to a height of eight feet above the existing street grade shall be erected or maintained within a triangular area formed by a line connecting points on the two street lines located a distance as specified in Section 15-7 of the Revised General Ordinances of the Township of Warren.
[Ord. No. 93-24; Ord. No. 04-22, § 1]
No more than one single-family detached dwelling shall be permitted
on any lot in a residential zone excepting Affordable Housing Zones
permitting multi-family buildings and the R65/PAC and R65/5C zones.
In any nonresidential zone, more than one principal structure may
be erected.
[Ord. No. 93-24]
Public utility uses regulated by the New Jersey Board of Regulatory
Commission (BRC) such as electric, gas, water, sewerage, telephone
and cable television service lines shall be permitted in any district.
All other public utility uses or structures including, but not limited
to, antenna, yards and substations shall comply with regulations of
the district in which located. Street lighting when required and located
in a dedicated public street shall be provided in accordance with
N.J.S. 40:55D-53.6 (Acceptance of Certain Public Utilities).
[Ord. No. 93-24]
No more than one horse per 40,000 square feet of lot area shall
be kept on a lot.
[Ord. No. 93-24]
No building or other structure shall hereafter be erected, constructed
or placed which shall be architecturally substantially identical to
any building within 1,000 feet of the lot line along the most direct
route of a public street right-of-way upon which the said building
or other structure is to be erected, constructed or placed. This individuality
requirement shall not apply to multi-family structures located in
zones in which the same are a permitted use pursuant to this chapter.
[Ord. No. 93-24]
Community shelters for the developmentally disabled and community
shelters for victims of domestic violence, as defined in this chapter
and in N.J.S. 40:55D-66.2, shall be a permitted use in all residential
districts of the municipality, and the requirements therefor shall
be the same as for single family dwelling units located within such
districts. Any such residence for shelter having more than six persons,
excluding residential staff, shall require a conditional use permit
to be granted by the Planning Board in accordance with N.J.S. 40:55d-67,
and the following minimum standards shall be applicable to the issuance
of the said permit:
a.
Approval by the Planning Board of applicant's site plan pursuant to all requirements of the Township Site Plan Regulations (Chapter 15).
b.
A statement by the applicant setting forth the full particulars on
the building and/or use must be submitted.
c.
Minimum lot area: 6,000 square feet for each resident (either patient
or employee) housed at the residence or shelter but not less than
the minimum lot area required for single-family homes in the zone
in which the residence or shelter is to be located.
d.
Minimum gross habitable floor area: 400 square feet for each patient
and employees housed at the residence or shelter.
e.
No conditional use permit shall be granted if the number of patients
at existing community residences or shelters exceeds 50 persons or
0.5% of the population of the municipality, whichever is greater.
f.
No community residence or shelter shall be located upon a lot containing
any other use, nor shall any structure or facility on the site be
utilized to provide services for any persons not residing on the site.
g.
Any such community residence or shelter shall not be located within
1,500 feet of an existing community residence.
h.
No community residence or shelter shall be in excess of two stories
in height exclusive of basement areas. Basement areas shall not be
utilized to house patients or recreation areas.
i.
Each community residence or shelter shall submit proof of licensing
by the Department of Human Services of the State of New Jersey. In
addition, the operator of a community residence for the developmentally
disabled shall provide such properly licensed medical, nursing and
supervisory staff as the Township Department of Health deems necessary
and adequate for the particular facility in question.
j.
An applicant for a conditional use approval shall demonstrate to
the Planning Board that every resident admitted shall be provided
with assistance in maintaining a basic level of self-care and in developing
the potential to live independently in the Township. The operator
of a residence for the developmentally disabled shall provide to the
Township Department of Health proper documentation certifying that
each proposed resident is neither a danger to himself nor to the community.
Such documentation shall be provided for each proposed resident before
he is allowed to take up occupancy in the facility. Should a resident
of the facility become a danger either to himself or to the community,
said resident shall be removed immediately from the facility.
k.
The applicant shall supply information concerning the operation and
maintenance of residences and the rules and regulations governing
the admission and discharge of residents. In addition to providing
said information to the Planning Board, the same information shall
be provided by the operator of a community residence for the developmentally
disabled to the Township Department of Health and shall immediately
provide copies of any changes to rules and regulations to the Township
Department of Health. No such rule or regulation shall be deemed effective
unless and until the Township Department of Health has approved said
rule or regulation as necessary and adequate for that particular facility.
l.
The applicant shall demonstrate that essential life-safety, health,
and comfort conditions will exist in a homelike atmosphere in the
proposed community residence or shelter.
m.
Community residences and shelters shall provide internal and outdoor
passive recreation areas to sufficiently accommodate the occupants
of the dwelling. In addition, facilities shall be provided for internal
recreation for meetings, games, and other similar activities.
n.
A community residence or shelter shall have twenty-four-hour on-site
supervision and security. Security shall also consist of a physical
barrier or signal adequate to prevent residents of the facility from
leaving unnoticed and to prevent unauthorized persons from entering
the facility, as deemed appropriate by the Planning Board.
o.
The applicant shall submit details concerning all life-safety and
emergency facilities and equipment which are to be provided within
the residence or shelter. The operator of the community residence
for the developmentally disabled or shelter for victims of domestic
violence shall provide a centrally-supervised fire alarm system with
supervised smoke detectors monitored by the Fire Department. The installation
of smoke detectors, fire alarms, fire escapes, and sprinkler systems
shall be in accordance with the requirements of the Uniform Construction
Code and the Bureau of Fire Prevention.
p.
The operators of the community residence for the developmentally
disabled shall provide detailed information concerning its approval
and compliance with the Rules and Regulations Governing Community
Mental Health Service and State Aid Under the Community Mental Health
Services Act.
q.
No community residence or shelter shall be located in areas of heavy
vehicular or pedestrian traffic pedestrian traffic congestion or in
any area where, by reason of any condition existing in proximity to
the proposed community residence or shelter, the occupants of said
proposed community residence or shelter would be exposed to undue
hazard.
r.
Each community residence or shelter shall provide one off-street parking space for each employee on the shift employing the largest number of persons plus one off-street parking space for each two patients, or fraction thereof, residing on the site. The required off-street parking shall be subject to the provisions of this chapter and Chapter 15 of the Revised General Ordinances of the Township of Warren, and shall be screened from adjacent residentially zoned properties in accordance with the provisions of this chapter and Chapter 15 of the Revised General Ordinances of the Township of Warren.
s.
No building utilized as a community residence or shelter shall be
constructed or altered so as to be inharmonious with the residential
character of adjacent structures in the residential zone in which
the same is located.
t.
The residence or shelter must be located in a residentially zoned
district.
u.
No residence or shelter shall house more than 15 patients and resident
employees.
v.
Sufficient off-street parking area is to be provided for the pick-up
and discharge of patients, employee parking, visitor parking and delivery
of supplies.
w.
No sign denoting the nature of the facility shall be allowed on the
premises.
x.
The Planning Board shall require appropriate screening between residences
and shelters and adjoining residential uses.
y.
Such other requirements as the Planning Board shall deem reasonable
and appropriate due to conditions at or impacting the site.
[Ord. No. 93-24]
a.
Notwithstanding the provisions of any law to the contrary, family
day care homes shall be deemed to be a home occupation for purposes
of this chapter arid" family day care homes shall not be subject to
more stringent restrictions than exist or apply to all other home
occupations in the particular residential zone in which the family
day care home is located. Family day care is a permitted accessory
use in all residential zones.
b.
"Family day care home" means any private residence approved by the
Division of Youth and Family Services or any organization with which
the division contracts for family day care in which child care services
are regularly provided to no less than three and no more than five
children for no less than 15 hours per week. A child bearing cared
for under the following circumstances is not included in the total
number of children receiving child care services:
[Ord. No. 93-24]
Child care centers for which a license is required from the
Department of Human Services pursuant to N.J.S. 30:5B-1 et seq. shall
be a permitted use in all nonresidential districts of the Township.
The floor area occupied in any building or structure as a child care
center shall be excluded in calculating: (1) any parking requirement
otherwise applicable to that number of units or amount of floor space,
as appropriate, under State or municipal laws or regulations adopted
thereunder; and (2) the permitted density allowable for that building
or structure under this chapter.
[Ord. No. 93-24]
No dwelling unit shall be constructed within 200 feet of the
right-of-way of Route 1-78 unless existing ground contours serve as
an effective barrier to noise emanating from the highway. This regulation
shall not apply to existing dwellings or enlargements, alternations
or modifications thereto. The Zoning Officer shall waive this requirement
if the dwelling proposed to be erected is positioned in such a manner
that no windows are facing the highway noise source. This regulation
applies only to development in the residential zones.
[Ord. No. 93-24]
Floor area ratio shall be calculated by dividing the total floor
area of all buildings, as measured to the dimensions of the outside
walls, and enclosed accessory structures (whether designed for occupancy
or not) in square feet, on a lot, by the total lot area in square
feet. Total floor area shall not include: (1) cellar or attic as defined
in the Uniform Construction Code of the State of New Jersey; (2) multi-level
parking structures permitted as a conditional use in the OR District,
and (3) porch, deck, terrace balcony or similar provided same is not
enclosed by walls, windows or other construction and does not have
a roof.
[Ord. No. 93-24]
The width of a buffer area required in a zone shall be measured
from the property line when the same coincides with the zone boundary.
In the instance where a zone boundary does not coincide with a property
line, width of the buffer shall be measured from the zone boundary
line.
The buffer area shall consist of existing natural vegetation,
fencing, earth berming and new landscaping material or any combination
of the foregoing, at the reviewing board's reasonable discretion.
The buffer shall establish a permanent visual screen to separate the
different uses as contained in the two zones which meet at the buffered
area.
[Ord. No. 93-24]
a.
All uses not specifically permitted by zone or by State or Federal
law are prohibited.
b.
Drive-through windows or other physical appurtenances designed or
used to deliver food to customers are prohibited.
c.
Hazard or toxic waste disposal, storage and transfer facilities designed
or used for the incineration, disposal, storage or transfer of hazardous
or toxic waste produced off-site are prohibited.
d.
Adult book stores, businesses, showing x-rated movies or indecent
or obscene live acts or simulated acts, massage parlors and other
businesses dealing primarily with indecent or obscene acts or paraphernalia.
e.
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in section 3 of P.L. 2021, c. 16,
but not the delivery of cannabis items and related supplies by a delivery
service.
[Added 4-11-2019 by Ord.
No. 19-20; amended 5-13-2021 by Ord. No. 21-15]
f.
No commercial
vehicle over 20 feet in length may be parked in any residential zone.
One commercial vehicle 20 feet or less may be parked overnight on
residential properties.
[Added 8-19-2021 by Ord. No. 21-20]
[Ord. No. 93-24]
The use of trailers or modular office buildings as accessory
buildings shall be temporarily permitted at a site for which a building
permit has been issued for development of land. Upon completion of
the approved project, such trailer or other temporary structure shall
be removed from the site unless specifically authorized by site plan
and/or subdivision application approval by the Planning Board or Board
of Adjustment. No trailer or modular structure not permanently affixed
to the ground shall be permitted unless approval is granted in accordance
with the Land Use Ordinance of the Township. Trailers or modular buildings
used as an accessory building must be approved in accordance with
the Land Use Ordinance of the Township. This subsection does not apply
to recreation trailers or campers parked on a lot on which a home
is also located.
[Ord. No. 93-24]
The requirements for decks and patios accessory to a dwelling
unit, whether attached or detached, shall be as follows:
[Ord. No. 93-24; Ord. No. 99-12 §§ 1, 2; Ord. No. 02-20, §§ 1, 2; Ord. No. 02-34, § 1; Ord. No. 02-40, §§ 1, 2]
All fences shall be constructed on land that has not been filled
or had soil or other materials added thereto greater than 12 inches
in height, unless the Zoning Officer determines unique circumstances
exist such as, but not limited to, surface irregularities if greater
than the aforesaid 12 inches which would allow a deviation from such
requirement.
a.
In a residential zone, a fence consisting of or equivalent to a split rail or open rail (baluster) design of three feet or less in height shall be permitted in the front yard as defined in this chapter, provided no such fence shall be located less than three feet from the front property line or 28 feet from the center line of the street upon which the property fronts, whichever the greater, except and as further provided, that a fence consisting of or equivalent to a split rail or open rail (baluster) design of four feet or less in height, measured from the property line, shall be permitted in the front yard as defined in this chapter provided no such fence shall be located less than 10 feet from the front yard property line or 35 feet from the center line of the street upon which the property fronts, whichever the greater, except and further provided, that a fence not exceed six feet in height, except as provided for a tennis court (see subsection 16-5.29), measured from ground level, may be constructed in a side or rear yard. A zoning permit is required for construction of all fences. Fencing required by the Uniform Construction Code of Warren Township for pools and terraces shall conform to the standards required therein.
b.
In a nonresidential zone, a fence of three feet or less shall be
permitted in the front yard but not less than 25 feet from edge of
the paved roadway. A fence of eight feet or less shall be permitted
in the side and rear yard.
c.
Construction Within Road Right-of-Way Prohibited. No fence shall
be constructed within any public right-of-way.
d.
Construction Appearance and Materials. All fences shall be situated
on a lot in such a manner that the finished side of the fence shall
face adjacent properties. All fences shall be uniform and symmetrical
in appearance, shall have posts or columns separated by identical
distances, except for deviations required by construction factors,
and shall consist of materials conforming to a definite pattern. No
fence shall be erected of barbed wire, razor wire, topped with metal
spikes or other sharp objects, nor constructed of any material or
in any manner which may be dangerous to persons or animals, except
barbed wire shall be permitted for qualified (under the State Farmland
Assessment Act) farms. Barbed wire farm fences are allowed in any
yard and may be constructed in generally accepted farm use manner.
e.
Location. No fence shall be located within a required clear sight
triangle.
f.
Hedges, Trees and Plantings. Except if specifically prohibited under
the terms of any other applicable ordinance or regulation of the Township,
nothing herein shall be construed to prohibit the use of hedges, trees
or other plantings anywhere on a lot unless within a sight triangle.
g.
Applicability of Restrictions. The restrictions contained herein
shall not be applied so as to prohibit the erection of a deer fence
of no greater than eight feet in height and consisting only of an
open weave, dark colored nylon wire rope, or equivalent dark colored
material, retaining wall or otherwise contouring or terracing of property
surface.
h.
Electrically Charged Fences Prohibited. Electrically charged fences
are prohibited, except for use on qualified farms and around actively
cultivated areas.
i.
Construction Within Property Boundary Lines. All fences shall be
constructed within property boundary lines.
j.
Construction Enclosing a Township Easement Prohibited. No fence shall
be constructed so as to enclose a Township easement or an easement
in which there are public rights unless constructed in such manner
as to not unduly interfere with the maintenance of any public use
thereof.
k.
Maintenance. All fences shall be maintained in a safe, sound and
upright condition.
l.
Existing Fences. The provisions of this section shall apply to all
fences hereafter constructed. Fences currently existing which violate
any provision set forth herein shall not be reconstructed, repaired
or replaced to an extent exceeding 20% thereof without the total fence
being brought into conformity with the provisions hereof.
m.
Driveway Gates and Pillars. No driveway gate or pillar shall exceed
six feet in height provided that the same is not located less than
three feet from the property line and if the same is located in the
front yard, then in that case, not less than 28 feet from the centerline
of the street upon which the property fronts, whichever is the greater
distance. Lighting fixtures shall not be included in the above height
calculation. No singular pillar structure which exceeds six feet in
height shall exceed nine square feet in size. Any transition wall
(wing wall or similar structure) from a pillar structure which exceeds
three feet in height shall not exceed six feet in length. All gates
shall be ornamental/decorative in design.
[Ord. No. 93-24; Ord. No. 99-25 § 1]
Each is classified as an accessory structure to a single-family
dwelling and shall comply with the following:
a.
A pool structure, which includes all pool edge caps, mechanical equipment and other parts which are appurtenant and integral or essential to the pool's construction, operation and use, except patio, fencing or decking associated therewith, shall comply with yard requirements for principal structures except that on any lot located in the R-20(V) zone and any corner lot as defined in subsection 16-4.2 located in an R-65 zone, such structures shall be permitted with a side or rear yard depth of 10 feet provided a five-foot wide landscape buffer area consisting of evergreen plantings of no less than six feet in height is provided in the side or rear yard to create a visual barrier to adjacent lots.
b.
A pool excluding water surface area, but including associated construction
is classified as impervious surface. The entire surface area of a
tennis court is classified as impervious surface.
c.
The tennis court structure includes all aprons, mechanical equipment
and structures nexus and integral to its construction and use and
all such construction shall comply with yard requirements for principal
structure.
d.
A fence of eight feet maximum shall be permitted to enclose the court
and out of bounds area provided the fence does not encroach upon the
required yard and depth for principal structures.
[Ord. No. 93-24]
As defined herein, such use shall conform to the following:
The use shall be conducted entirely within a dwelling and carried
on solely by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof, subject to the following:
a.
No article may be sold, offered for sale, except as may be produced
by members of the immediate family residing in the dwelling.
b.
No machinery or equipment may be used which will cause electrical
or other interference with radio and television reception in adjacent
residences or cause offensive noise, odor, vibration, heat or glare.
c.
No advertising sign may be displayed except as provided in this chapter.
d.
No home occupation may be conducted with members of the public later
than 10:00 p.m.
|
The following are examples, but not an exhaustive list, of uses
which are not permitted accessory uses in a residential zone and are
not permitted home occupations: clinics, barbershops, beauty parlors,
coffee shops, tourist homes, bed and breakfast homes, animal hospitals,
kennels, motor vehicle repair facilities, construction and excavating
business, outdoor storage yards and offices of professionals, brokers
or counselors.
|
|
The following are examples, but not an exhaustive list, of uses which are home occupations: instruction for art, music, dance, ceramics, sculpture or any academic subject; or baby sitting service; sewing or clothing alteration; catering; family day care homes (as defined in subsection 16-5.20 of this chapter.
|
[Ord. No. 2000-18, § 1]
a.
PUBLIC VIEW
SEARCH AREA
WIRELESS TELECOMMUNICATIONS ANTENNA
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND
WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT
AND/OR TOWERS
WIRELESS TELECOMMUNICATIONS TOWER
Definitions:
Shall mean visible from a public thoroughfare, public lands
or public building.
Shall mean that geographic area (which may or may not extend
beyond Township boundary lines) within which additional wireless telecommunications
facilities are required to provide reliable and adequate coverage
consistent with the licensing requirements of the Federal Communications
Commission (FCC).
Shall mean a system of electrical conductors that transmit
or receive radio frequency signals, digital signals, analog signals.
Shall mean a secure area which houses any combination of
wireless telecommunications structures, buildings, antennas, equipment
and/or towers. All equipment must be enclosed within a building.
Shall mean buildings and/or structures and equipment for
the receiving, sending or conditioning of wireless telecommunications
for pagers and cell phones (satellite dish antennas not being included
therein). For purposes of this definition, wireless telecommunications
structures, antennas, equipment and/or towers may be collectively
referred to herein as "wireless telecommunications facilities." This
definition shall not include any tower, or the installation of any
antenna, that is under 50 feet in height and is owned and operated
by a Federally-licensed amateur radio station operator or is used
exclusively for receive only antennas.
Shall mean a vertical structure designed for and intended
to support wireless telecommunications antennas.
b.
Purpose. The purpose of this section is to provide sound land use
policies, procedures and regulations for the location and placement
of wireless telecommunications structures, antennas and equipment
within the Township in order to protect the community from the impacts
of wireless telecommunications facilities and to preserve the scenic
and historic and environmental character of the countryside that the
Township Master Plan seeks to protect. This section seeks to meet
the mandate of the Telecommunications Act of 1996, and at the same
time, without limiting the generality of the foregoing, to:
1.
Protect certain areas and land uses from the impacts of towers and
antennas.
2.
Require the location of towers in the Office Research District (OR),
the General Industrial District (GI) and the Agricultural-Residential
Environmental Protection District (EP-250), these districts being
referenced as "Permitted Districts" hereinafter. Applicants are encouraged
to locate towers on high tension electric tower transmission facilities
if they are located within Permitted Districts.
3.
Require the use of Township owned properties if located within a
Permitted District.
4.
Minimize the total number of towers within the Township.
5.
Strongly encourage the joint use of existing tower sites as a primary
option rather than construction of additional single-use towers.
6.
Encourage users of towers and antennas to locate them to the extent
possible in areas where the impact on the community is minimal.
7.
Encourage users of towers and antennas to configure them in a way
that minimizes the visual impact of the towers and antennas through
careful design, siting, landscape, screening and innovative camouflaging
techniques.
8.
Avoid potential damage to adjacent properties from tower failure
through proper engineering and careful siting of tower structures.
c.
Permitted Use/Conditional Use Treatment.
1.
Notwithstanding anything in this section to the contrary, the installation
of wireless telecommunications antennas on existing structures, subject
to site plan approval pursuant to the Township Code and consistent
with the visual compatibility requirements hereof shall be a permitted
conditional use in Permitted Districts. The installation thereof shall
be as inconspicuous as reasonably possible. The applicant shall meet
the standards hereof and will obtain site plan approval.
2.
Notwithstanding anything in this section to the contrary, no new
wireless telecommunications tower shall be permitted unless the applicant
proves that no existing tower, structure or alternative technology
can accommodate the applicant's need. Costs of alternative technology
that exceed new wireless telecommunications tower or wireless telecommunications
antenna development shall not be presumed to render any alternative
technology unsuitable or unavailable.
3.
If a Township property can fulfill the requirements of applicant's
antenna location, then the applicant must locate on Township property,
if the Township consents to such location and if the same is located
within a Permitted District.
d.
Visual Compatibility Requirements.
1.
Wireless telecommunications antennas on existing structures or buildings
and wireless telecommunications towers shall be designed, located
and screened to blend with and into the existing natural or built
surroundings so as to eliminate to the maximum extent practicable
visual impacts through the use of color and camouflaging, screening,
architectural treatment, landscaping and other appropriate means which
shall minimize the visual impact of such antennas and towers on neighboring
residences and the character of the Township as a whole. All potential
visual impacts of the wireless telecommunications installation must
be analyzed by the applicant to illustrate that the selected site
provides the best opportunity to minimize the visual impact of the
proposed facility. Wireless telecommunications installations should
be located to avoid being visually solitary or prominent when viewed
from residential areas or public view.
2.
Wireless telecommunications antennas on existing structures or buildings
and wireless telecommunications towers shall be placed to ensure that
significant viewscapes, streetscapes, and landscapes are not visually
impaired. The views of and vistas from architecturally and/or significant
structures shall not be impaired or diminished by the placement of
telecommunications facilities.
3.
The wireless telecommunications equipment compound shall be located
and screened from residential areas and the public way.
4.
The wireless telecommunications equipment compound shall be secured
as approved by the Township Engineer. When the compound is located
on the ground, the height of the equipment building shall not exceed
nine feet for flat roofs and 14 feet for pitched roofs and the area
of the equipment building shall not exceed 200 square feet.
5.
A ground located wireless telecommunications equipment compound comprised
of no more than 1,000 square feet in area may be erected in support
of wireless telecommunications antenna but only if:
(a)
It is situated behind existing vegetation, tree cover, structures,
buildings or terrain features which will shield completely the wireless
telecommunications equipment compound from public view; or
(b)
When a location completely out of public view is not possible,
a landscape buffer not less than 20 feet in width shall be provided
outside the wireless telecommunications equipment compound to shield
completely the facility from public view. Landscaping shall include
native evergreen and deciduous trees not less than eight feet high
at the time of planting. The number of trees to be planted shall be
the equivalent of staggered double rows at 15 feet on center around
the compound perimeter; and
6.
A wireless telecommunications equipment compound shall be maintained
in accordance with the site plan approval for it in a serviceable,
safe and aesthetically pleasing manner.
e.
Conditional Use Standards for the Location of Wireless Telecommunications
Antennas or Towers.
1.
An applicant which proposes to construct wireless telecommunications
antennas or towers shall satisfactorily demonstrate, through the presentation
and introduction of evidence, which may consist of plans, diagrams,
reports, documents and expert testimony each, of the following:
(a)
The evidence presented and introduced shall describe in detail:
(i) the wireless telecommunications network layout and its coverage
area requirements and (ii) the need for new wireless telecommunications
facilities at the specific proposed location within the Township.
The applicant shall also provide evidence of any and all alternate
wireless network plan designs which would not require the applicant
to construct a wireless telecommunications tower at the proposed location.
(b)
That applicant has exercised its best efforts to locate the
wireless telecommunications antennas on existing buildings or structures,
on Township owned property and/or on high tension electric tower transmission
facilities. The applicant, in order to meet its burden on this issue,
shall provide copies of all correspondence from and between the wireless
telecommunications provider and the said property owners of the existing
buildings or structures and the Township. The failure of the applicant
to present evidence of the foregoing shall constitute a rebuttable
presumption that the applicant has not exercised its best efforts
as required herein. Evidence demonstrating that no existing wireless
telecommunications tower or building or structure, Township property
or high tension electric tower transmission facilities can accommodate
the provider's proposed antenna may consist of any one or more of
the following reasons:
(1)
No existing towers or structures, Township property or high
tension electric tower transmission facilities are located within
the geographic area that is necessary to meet the provider's requirement
to provide reliable coverage.
(2)
Existing towers or structures are not of sufficient height or
cannot be made to be of sufficient height to meet the provider's radio
frequency engineering requirements, or do not have sufficient structural
strength to support the provider's proposed antenna and related equipment.
(3)
The applicant's proposed antenna would cause electromagnetic
interference with antennas on the existing towers or structures or
the antenna on the existing towers or structures would cause interference
with the applicant's proposed antennas.
(4)
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are patently unreasonable. Actual direct
costs exceeding new tower design, development and construction are
presumed to be patently unreasonable.
(5)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures or Township property unsuitable.
(c)
The locations of all existing communications towers and other
structures of 150 feet in height or less within the applicant's search
area. The applicant shall provide competent testimony by a radio frequency
engineer regarding the suitability of each location so identified
by the applicant in light of the design of the wireless telecommunications
network and the alternate network designs identified above.
(d)
Where a suitable location on an existing tower or other structure,
Township property or high tension electric tower transmission facility
is found to exist, but the applicant is unable to secure an agreement
to collocate its equipment on said tower or other structure or on
the Township owned property, the applicant shall provide sufficient
and credible written evidence of its attempt or attempts to collocate
or to locate on Township property.
(e)
A full, complete description of all alternative technologies
not requiring the use of towers or other structures to provide the
services by the applicant through the use of a new tower.
(f)
That the applicant has exercised its best efforts to site new
wireless antennas, equipment or towers within the applicant's search
area according to this section. Without otherwise limiting the nature
of the evidence to be provided by the applicant, the applicant shall
provide to the approving authority the block and lot number of any
parcel for which the wireless provider has attempted to secure a lease
or purchase agreement and copies of all correspondence from and between
the wireless provider and the property owner; the failure of the applicant
to present evidence of the foregoing shall constitute a rebuttable
presumption that the applicant has not exercised its best efforts
as required herein; and
(g)
Comply with the Township standard that no wireless telecommunications
towers shall be permitted which would require lighting affixed thereto
unless required by the FCC, FAA or any other governmental agency regulations
or requirements.
(h)
Comply with the Township standard that no wireless telecommunications
towers shall not be erected within 1,000 feet of any historic district
or site listed on the National and/or State Register of Historic Places.
f.
Bulk Standards. An applicant proposing to construct a wireless telecommunications
tower who has satisfied the requirements of paragraph e above shall
comply with the following bulk standards (these standards not being
applicable to installations on high tension electric tower transmission
facilities):
|
1.
|
Minimum total lot size (the lot upon which the applicant has
leased or purchased a portion thereof for its use).
|
Lot must comply with the zoning requirements in the zone in
which located. Excluding Township owned properties which have no limitation
| |
|
2.
|
Minimum setback of wireless telecommunications tower from:
| ||
|
(a)
|
Any property line
|
Towers must be set back a distance equal to at least 20% of
the tower height from any adjoining lot line
| |
|
(b)
|
Any existing residence
|
Towers must be set back a distance equal to at least 200% of
the tower height from all non-appurtenant buildings
| |
|
(c)
|
Any existing wireless telecommunications tower
|
1,500 feet
| |
|
3.
|
Minimum setback for equipment compound from any property line
|
The zone district setback requirements for any principal building
| |
|
4.
|
Maximum height of wireless telecommunications tower
|
120 feet
| |
|
5.
|
Maximum height of antenna attached to a building
|
10 feet beyond the highest elevation of the building or structure
on which attached
| |
g.
Site Plan Application Requirements for the Installation of Wireless Telecommunications Towers, in Addition to the Checklist Requirements Contained in Subsection 15-6.3 of the Township Codification.
1.
All site plan details required herein for wireless telecommunications
towers shall be provided and shall include the site boundaries, tower
location, existing and proposed structure, including accessory structures,
existing and proposed ground-mounted equipment, vehicular parking
and access and structures and land use designations on the site and
abutting parcels.
2.
A landscape plan drawn to scale showing proposed landscaping, including
species type, size, spacing, other landscape features, and existing
vegetation to be retained, removed or replaced.
3.
A report from a qualified expert certifying that the wireless telecommunications
tower and equipment facility comply with the latest structural and
wind loading requirements as set forth in the Building Officials and
Code Administrators (BOCA) International, Inc., Code, or the Electronic
Industries Association Telecommunications Industries Association (EIATIA)
222 Revision F Standards, entitled "Structural Standards for Steel
Antenna Towers and Antenna Supporting Structures" (or equivalent),
as it may be updated or amended, or such other code as may apply to
these facilities, including a description of the number and type of
antennas it is designed to accommodate.
4.
A binding, irrevocable letter of commitment by the applicant and
the property owner to lease excess space on the tower to other potential
users at prevailing market rates and conditions. The applicant's counsel
shall simultaneously submit a separate opinion of counsel expressing
such counsel's opinion as to the enforceability of such binding, irrevocable
letter of commitment by the Township under the laws of the State of
New Jersey. The letter of commitment shall be recorded with the County
Clerk prior to issuance of a building permit. The letter shall commit
and be binding upon the tower owner and successors in interest.
5.
Elevations of the proposed tower and accessory building generally
depicting all proposed antennas, platforms, finish materials and all
other accessory equipment.
6.
A copy of the lease or deed for the property.
7.
A plan which shall reference all existing wireless telecommunications
facilities in the Township, any such facilities in the abutting municipalities
which provide service to areas within the Township and any changes
proposed within the following twelve-month period, including plans
for new locations and the discontinuance or relocation of existing
facilities.
8.
A 360° drawn perspective or a photo simulation at four locations
(at 90° increments) of the proposed tower drawn to an appropriate
scale.
9.
In implementing the National Environmental Policy Act (NEPA), the
Federal Communications Commission requires applicants to prepare "environmental
assessments" for towers that are proposed to be located in certain
environmentally sensitive areas, including: officially designated
wildlife preserves or wilderness areas; 100-year floodplain; situations
which may affect threatened or endangered species or critical habitats;
or situations which may cause significant change in surface features,
such as wetland fills, deforestation or water diversion. In addition,
an environmental assessment must be prepared when sites listed or
eligible for listing in the National Register of Historic Places may
be affected.
The fact that an environmental assessment is required does not
necessarily mean the tower cannot be built. It does, however, call
for public notice and opportunity to comment on the environmental
impacts of the proposed tower. If the FCC, after review of the comments,
makes a finding of "no significant impact," the project has cleared
NEPA scrutiny.
h.
Design Standards, in Addition to Those Design Standards Contained in Section 15-7 of the Township Codification.
1.
A wireless telecommunications tower shall be designed and constructed
to accommodate at least three antenna arrays of separate telecommunication
providers (the applicant's plus two collocators).
2.
Signs shall not be permitted except for a sign displaying owner contact
information, warnings, equipment information and safety instructions.
Such sign shall not exceed two square feet in area. No commercial
advertising shall be permitted on any wireless telecommunications
facility.
3.
No lighting is permitted except as follows:
(a)
Wireless telecommunications equipment compounds enclosing electronic
equipment may have security and safety lighting at the entrance, provided
that the light is attached to the facility, is focused downward and
is on timing devices and/or sensors so that the light is turned off
when not needed for safety or security purposes; and
(b)
No lighting is permitted on a wireless telecommunications tower
unless required by the FAA.
4.
Wireless telecommunications antennas and towers shall be properly
maintained by the owner or lessee to assure their continued structural
integrity. The owner of the tower or antenna shall also perform regular
maintenance of the structure and of the site as to assure that it
does not create a visual nuisance. An independent licensed professional
engineer shall submit a written report to the Township Engineer every
two years and/or after tower modification or the addition of any antennas
as to the structure of the tower and any related matters.
5.
Wireless telecommunications towers antennas and other equipment shall
be of a color appropriate to the tower's locational context and to
make it as unobtrusive as possible, unless otherwise required by the
Federal Aviation Administration (FAA).
6.
Wireless telecommunications facilities shall be surrounded by security
features such as a fence. All towers shall be designed with anti-climbing
devices in order to prevent unauthorized access. Additional safety
devices shall be permitted or required, as needed, and as approved
by the approving authority.
7.
Any proposed new telecommunications tower shall be a "monopole" unless
the applicant can demonstrate that a different type structure is necessary
for the collocation of additional antennas on the tower. Such structures
shall employ camouflage technology where appropriate and where required
by the approving authority.
8.
No equipment shall be operated so as to produce noise in excess of
the limits set by the local noise ordinance, except for emergency
situations requiring the use of a backup generator.
9.
Wireless telecommunications towers and antennas shall be constructed
to the Electronic Industries Association Telecommunications Industries
Association (EIATIA) 222 Revision F Standard entitled "Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures"
(or equivalent), as it may be updated or amended.
10.
All equipment shall be designed and automated to the greatest extent
reasonably possible in order to reduce the need for on-site maintenance
and thereby minimize the need for vehicular trips to and from the
site. Access shall be from established site access points whenever
possible, minimal off-street parking shall be permitted as needed
and as approved by the approving authority.
i.
Antenna Modifications; Abandonment.
1.
Whenever antennas are modified or replaced, operators of wireless
telecommunications facilities shall provide to the Township a report
from a qualified expert certifying that a wireless telecommunications
tower or building or other support structure as modified complies
with the latest structural and wind loading requirements as set forth
in the Building Officials and Code Administrators (BOCA) International,
Inc. Code and the EIATIA Standard referenced above. Such modifications
shall be subject to site plan review and approval and all the requirements
set forth herein.
2.
Operators of wireless telecommunications facilities shall notify
the Township when the use of such antennas and/or ancillary equipment
is discontinued. Facilities that are not in operational use for wireless
telecommunications purposes for a period of six months shall be removed
by the operator at its cost. This removal shall occur within 90 days
of the end of such six-month period. Upon removal, the telecommunication
facility site shall be cleared, restored, and revegetated to blend
with the existing surrounding vegetation at the time of abandonment.
If the above is not accomplished by the operator or owner, the Township
may remove the same at the operator's or owner's expense. The operator
shall be required to submit to the Township Zoning Officer verification
of continued use of the facilities as issued by the State and/or the
FCC on or about the first of every calendar year or other renewal
period. The Township retains the right to use any abandoned wireless
telecommunications equipment on municipal property for its own use.
Notwithstanding the above, it shall be the Township's option to assume
ownership of the aforesaid facilities instead of the operator's removal
of the said equipment from the site.
j.
Collocation and Shared Facilities and Sites.
1.
FCC licensed wireless telecommunications providers are encouraged
to construct and site their facilities with a view toward sharing
facilities with other utilities, collocating with other existing wireless
facilities and accommodating the collocation of other future facilities
where technically, practically and economically feasible.
k.
Nonconforming Wireless Telecommunications Sites.
1.
Wireless telecommunications sites in existence on the date of the
adoption of this subsection which do not comply with the requirements
of this subsection (are nonconforming), are subject to the following
provisions:
(a)
Such nonconforming sites may continue in use for the purpose
presently used, but may not be expanded without complying with this
subsection except as provided below.
(b)
Such nonconforming sites whose structures are partially damaged
or destroyed due to any reason or cause may be repaired and restored
to their former use, location and physical dimensions subject to obtaining
a building permit therefor, but without otherwise complying with this
subsection, unless destruction to the structure is greater than 50%,
then repair or restoration will require compliance with this subsection.
(c)
The owner or operator of any nonconforming site may repair,
rebuild and/or upgrade (but not expand such site or increase its height,
reduce its setbacks or exceed the existing footprint), in order to
improve the structural integrity of the facility, to allow the facility
to accommodate collocated antennas or facilities, or to upgrade the
facilities to current engineering, technological or communications
standards, without having to conform to the provisions of this subsection.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 98-7.
[Ord. No. 01-25 § 1; Ord. No. 11-17 § 1; Ord. No. 13-18 § 1]
a.
An existing dwelling located on a lot in that portion of the R-65
zone district as identified by dot pattern on the Official Zoning
Map of the Township of Warren as amended hereby, and having a lot
size of 39,500 square feet or greater but less than 65,340 square
feet may be razed and reconstructed, or further altered and/or enlarged
without the need for variance relief; provided however, that the reconstruction,
alteration and/or enlargement conforms to all other zoning standards
of the R-65 zone district (other than for lot size).
b.
An existing dwelling located on a lot in that portion of the CR-130/65
zone district as identified by dot pattern on the Official Zoning
Map of the Township of Warren as amended hereby, and having a lot
size of 39,500 square feet or greater but less than 130,000 square
feet may be razed and reconstructed, or further altered and/or enlarged
without the need for variance relief; provided, however, that the
reconstruction, alteration and/or enlargement conforms to all other
standards of the CR-130/65 zone district (other than for lot size).
Churches, synagogues and other places of worship including resident
housing for employees, education/school buildings and other accessory
structures thereto shall be a permitted conditional use in all zone
districts (except the RR(AH), R-10(AH), R10(AH/MF), R-40(AH/MF and
R-MF) zone district(s) subject to the following:
a.
The lot shall have a minimum of five acres and a width of 300 feet.
b.
All accessory uses or buildings shall conform to the required yard
depth for a principal building.
c.
The development shall comply with the following bulk, yard and FAR
standards:
|
Maximum Required Yd. Depth (in feet) Principal Building
|
Maximum % Lot Coverage by Building
|
Maximum* Height in Feet
|
Maximum Lot Coverage by All Buildings and Pavement
|
Maximum Floor Area Ratio
| |||
|---|---|---|---|---|---|---|---|
|
Front Yard in Feet
|
Minimum One Side Yard in Feet
|
Both Side Yards in Feet
|
Rear Yard in Feet
| ||||
|
150
|
50
|
100
|
65
|
15% nonresidential zones
|
35
|
50% nonresidential zones
|
0.15 nonresidential zones
|
|
7.5% residential zoned
|
20% residential zones
|
0.125 residential zones
| |||||
|
*
|
Shall not apply to steeple structures which shall not exceed
twice the principal building height or exceed 70 feet, whichever is
less.
|
e.
Proof of nonprofit qualification and valid tax-exempt status.
f.
Shall also comply with Schedule 16-8 for the applicable zone, unless
modified herein.
[Ord. No. 05-38 § 2; Ord. No. 14-14]
[Ord. No. 05-40 § 2]
a.
Each development shall have access to a street. Such access shall
be designed and constructed for and shall be evaluated by the board
as to adequacy for entering and exiting vehicles and for emergency
vehicles.
b.
Al lots in the R-20, R-20(V), R-65, ECR, CR-130/65 and EP-250 zones
shall have frontage on a public street.
c.
Private streets are not permitted in the R-20, R-20(V), R-65, ECR,
CR-130/65 and EP-250 zones.
[Ord. No. 11-13 § 2]
Solar collection systems, as defined in 16-4 shall be considered
an accessory use in all zoning districts. The purpose of this section
is to establish regulations to facilitate the installation and construction
of solar arrays.
The following standards shall apply to the development of solar
collection systems:
a.
Collection systems, including solar arrays shall be classified as
accessory structures and shall not be located in the front yard between
the principal structure and the public right-of-way.
b.
Setbacks. As specified for principal structure in Section 16-8, Schedule of Area, Yard and Building Requirements, for zone in which located.
c.
Height. Freestanding collection systems on residential properties
shall not exceed five feet in height.
d.
Size. Freestanding collection systems on residential properties shall
not exceed the greater of 1/2 the footprint of the principal structure
or 1,000 square feet, whichever is the lesser. The size of arrays
for nonresidential properties shall not exceed 1/2 of the footprint
of the principal structure.
e.
Solar collection systems are permitted to be located on the roof
or exterior wall of a structure subject to the following:
1.
Collection systems shall not extend above the roof line;
2.
Collection systems located on the roof or attached to a structure
shall provide, as part of their permit application a structural certification;
3.
Code Compliance. Solar collection systems shall comply with all applicable
building and electrical codes;
4.
Solar collection systems may be located on accessory structures.
[Ord. No. 12-22]
a.
For the purposes of this subsection, "fowl" shall be defined as chickens,
turkeys, pigeons, ducks, geese or other undomesticated bird kept for
its eggs or flesh.
b.
Fowl may be kept principally for home use and consumption of such
fowl or their products, or for sale of such fowl or their products
where such sales are incidental, subject to the following requirements:
1.
Minimum lot size. A minimum lot size of 1 1/2 acres is required
to keep fowl pursuant to this subsection. Fowl may only be kept in
the following zones:
2.
Number of allowable fowl. No more than six fowl may be kept on any
parcel that meets the minimum lot size. For each additional one acre,
four additional fowl may be kept.
3.
Roosters and cockerels. Mature roosters and cockerels are prohibited.
4.
Shelters. All fowl kept pursuant to this subsection must be kept
in a suitable shelter or coop.
(a)
All shelters and coops must have a floor impervious to moisture,
and must be waterproof, free from rats and vermin, and properly ventilated
and lighted.
(b)
All shelters and coops shall be located at least 50 feet from
any door or window of any residential building and at least 50 feet
from any property line.
(c)
All shelters and coops must be kept in a clean and sanitary
condition, open to inspection by the Township.
c.
Free-Ranging Prohibited. All fowl permitted pursuant to this subsection
shall be kept in a fenced area. No free-ranging shall be permitted.
f.
Farmland Assessment. Nothing in this subsection shall be construed
to apply to any property owner whose property has qualified for farmland
assessment under the provisions of N.J.S.A. 54:4-23.1 et seq. by the
Tax Assessor of the Township of Warren.
[Added 12-16-2021 by Ord.
No. 21-24]
a.
Purpose. The purpose of this subsection is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and make-ready parking spaces
to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
3.
Provide the opportunity for nonresidential uses to supply EVSE to
their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
b.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level one operates on a fifteen- to twenty-amp breaker on a
120-volt AC circuit.
Level two operates on a forty- to 100-amp breaker on a 208-
or 240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as "rapid
charging stations" that are typically characterized by industrial
grade electrical outlets that allow for faster recharging of electric
vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct-current
electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The prewiring of electrical infrastructure at a parking space,
or set of parking spaces, to facilitate easy and cost-efficient future
installation of electric vehicle supply equipment or electric vehicle
service equipment, including, but not limited to, Level Two EVSE and
direct-current fast chargers. Make-ready includes expenses related
to service panels, junction boxes, conduit, wiring, and other components
necessary to make a particular location able to accommodate electric
vehicle supply equipment or electric vehicle service equipment on
a plug-and-play basis. "Make-ready" is synonymous with the term "charger
ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking
and, nonreserved parking in multifamily parking lots).
c.
Approvals and permits.
1.
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
3.
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs' permit and inspection
requirements.
4.
The Zoning Officer and his assigns shall enforce all signage and
installation requirements described in this subsection. Failure to
meet the requirements in this subsection shall be subject to the same
enforcement and penalty provisions as other violations of the Township
of Warren's land use regulations.
5.
An application for development for the installation of EVSE or make-ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
6.
An application pursuant to Subsection c5 (above) shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
7.
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs' inspection requirements.
8.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
d.
Requirements for new installation of EVSE and make-ready parking
spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces and install EVSE in at least 1/3 of the
15% of make-ready parking spaces.
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces.
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
2.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection d1 (above) shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or make-ready parking
spaces.
e.
Minimum parking requirements.
1.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 16-24 of the Revised General Ordinances of the Township of Warren.
2.
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
f.
Reasonable standards for all new EVSE and make-ready parking spaces.
1.
Location and layout of EVSE and make-ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines, and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
2.
Installation.
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space shall be not less than
nine feet wide or 18 feet in length unless a parking space size variance/waiver
is requested and approved. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards unless a parking
space size variance/waiver is requested and approved.
3.
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
The use of time limits for EVSE parking spaces is optional and
shall be determined by the owner's reasonable discretion.
(c)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(d)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine in accordance with the penalty provision of § 7-16.12c, Public Parking Spaces for Electric Charging Stations, of the Revised General Ordinances of the Township of Warren. Signage indicating the penalties for violations shall comply with Subsection f5 (below). Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(e)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
4.
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection f5 (below).
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Township of Warren's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is setback a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three feet to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection e (below). Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Township of Warren shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
5.
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs, including parking restrictions, shall be installed
immediately adjacent to, and visible from, the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection f5(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(1)
Hour of operations and/or time limits, if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
6.
Usage fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking
fees, the Township reserves the right to charge a fee to use parking
spaces within the municipality identified as EVSE spaces, which fee
shall be established by a resolution adopted by the governing body.
(b)
This fee may be amended by a resolution adopted by the governing
body.
(c)
Private EVSE. Nothing in this subsection shall be deemed to
preclude a private owner/designee of an EVSE from collecting a fee
for the use of the EVSE, in accordance with applicable state and federal
regulations. Fees shall be available on the EVSE or posted at or adjacent
to the EVSE parking space.
[Amended 5-9-2019 by Ord.
No. 19-30; 7-21-2022 by Ord. No. 22-18]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 93-24.
[Ord. No. 96-1 § 1;
amended 7-21-2022 by Ord. No. 22-18; 7-21-2022 by Ord. No. 22-18]
a.
The purpose of this section is to establish the Uniform Housing Affordability
Controls (“UHAC”) and regulations for low- and moderate
-income housing units in Warren Township that are consistent with
the provisions of N.J.A.C. 5:80-26.1 et seq. effective as of December
20, 2004. These rules are pursuant to the Fair Housing Act of 1985
and Warren Township’s constitutional obligation to provide for
its fair share of low- and moderate-income housing. This section intends
to provide assurances that low- and moderate-income units (“affordable
units”) are created with controls on affordability over time
and that low-and moderate-income households shall occupy those units.
This section shall apply, except where inconsistent with applicable
law.
b.
The Warren Township Planning Board has adopted a Housing Element
and Fair Share Plan (“HEFSP”) pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. The HEFSP has been endorsed
by the Township Committee. This section implements and incorporates
the adopted and endorsed HEFSP and addresses the requirements of N.J.A.C.
5:93-1 et seq., as supplemented and amended, N.J.A.C. 5:80-26.1 et
seq., as supplemented and amended, and the New Jersey Fair Housing
Act of 1985.
c.
Prior subsections 16-6.1 through 16-6.18 of the Warren Township Zoning Ordinance, adopted December 2, 1993, are preserved for the limited purposes of regulation of and restrictions for the existing affordable housing units which were approved and developed pursuant to N.J.A.C. 5:93 et seq. and subsections 16-6.1 through 16-6.18 referenced above, while the same were in effect. Those prior subsections are now made a part of this section as subsections 16-6.24 through 16-6.41. All future affordable housing units constructed and/or restricted during the third round will be governed by these subsections 16-6.1 through 16-6.23. (The prior subsections 16-6.1 through 16-6.18 will be maintained by the Warren Township Clerk.)
[1]
Editor's Note: Pursuant to Ord. No. 22-18, former subsections
16-6.2 through 16-6.18 will be maintained by the Warren Township Clerk
a.
The Township of Warren has established the position of Municipal
Housing Liaison by Ordinance No. 6-27, Section 2. The Township of
Warren shall appoint a specific municipal employee to serve as a Municipal
Housing Liaison for purposes of administering this section. The Municipal
Housing Liaison shall be responsible for overseeing the Township's
affordable housing program, including overseeing the administration
of affordability controls on the affordable units and the affirmative
marketing of available affordable units in accordance with the Township's
Affirmative Marketing Plan; fulfilling monitoring and reporting requirements;
and supervising Administrative Agent(s). Warren Township shall adopt
a resolution appointing the person to fulfill the position of Municipal
Housing Liaison. The Municipal Housing Liaison shall be appointed
by the Township Committee and may be a full-time or part-time municipal
employee. Compensation may be fixed by the Township Committee at the
time of appointment of the Municipal Housing Liaison. The Municipal
Housing Liaison shall be approved by 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 Warren Township,
including the following responsibilities which may not be contracted
out to the Administrative Agent:
1.
Serving as Warren 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 Warren Township's
HEFSP;
3.
Compiling, verifying, submitting and posting all monitoring reports
as required by the Court and by this section;
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 the Court, the Township of Warren shall
designate one or more Administrative Agent(s) to administer and to
affirmatively market the affordable units constructed in the Township
in accordance with UHAC and this section. An Operating Manual for
each affordable housing program shall be provided by the Administrative
Agent(s) to be adopted by resolution of the Township Committee and
subject to approval of 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 work of the Administrative Agent(s).
An Administrative Agent shall be an independent entity serving
under contract to 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 UHAC, including those set
forth in § 5:80-26.14, 16 and 18 thereof, which includes:
a.
Affirmative Marketing:
1.
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the Affirmative Marketing Plan of
the Township of Warren and the provisions of N.J.A.C. 5:80-26.15;
and
2.
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.
b.
Household Certification:
1.
Soliciting, scheduling, conducting and following up on interviews
with interested households;
2.
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;
3.
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
4.
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.;
5.
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;
6.
Employing a random selection process as provided in the Affirmative
Marketing Plan of the Township of Warren when referring households
for certification to affordable units; and
7.
Notifying the following entities of the availability of affordable
housing units in the Township of Warren: Fair Share Housing Center,
the New Jersey State Conference of the NAACP, the Latino Action Network,
the New Brunswick, Plainfield Area, Perth Amboy and Metuchen/Edison
branches of the NAACP, NORWESCAP, the Supportive Housing Association,
and the Central Jersey Housing Resource Center.
c.
Affordability Controls.
1.
Furnishing to attorneys or closing agent forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
2.
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.
3.
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Somerset
County Register of Deeds or Somerset County Clerk's office after the
termination of the affordability controls for each restricted unit;
4.
Communicating with lenders regarding foreclosures; and
5.
Ensuring the issuance of continuing certificate of occupancy or certifications
pursuant to N.J.A.C. 5:80-26.10.
d.
Resales and Rerentals:
1.
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;
2.
Instituting and maintaining an effective means of communicating information
to low- (or very-low-) and moderate-income households regarding the
availability of restricted units for resale or rerental.
e.
Processing Requests from Unit Owners:
1.
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 section;
2.
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;
3.
Notifying the municipality of an owner's intent to sell a restricted
unit; and
4.
Making determinations on requests by owners of restricted units for
hardship waivers.
f.
Enforcement:
1.
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;
2.
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;
3.
Posting annually, in all rental properties (including two-family
homes), 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;
4.
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;
5.
Establishing a program for diverting unlawful rent payments to the
municipality's Affordable Housing Trust Fund; and
6.
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 the Court, setting forth procedures
for administering the affordability controls.
g.
Additional Responsibilities.
1.
The Administrative Agent shall have the authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
2.
The Administrative Agent shall prepare monitoring reports for submission
to the Municipal Housing Liaison in time to meet the Court-approved
monitoring and reporting requirements in accordance with the deadlines
set forth in this section.
3.
The Administrative Agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.
a.
The Township of Warren shall adopt, by resolution immediately after
the adoption of this section, an Affirmative Marketing Plan, subject
to approval by the Court, that is compliant with N.J.A.C. 5:80-26.15,
as may be supplemented and amended.
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 which 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 of Warren 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 (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/or the County Library for each county within the housing region;
the Township's Administration Building; the Warren Township Library
and the developer's rental office. Applications shall be mailed to
prospective applicants upon request.
i.
In addition to other affirmative marketing strategies, the Administrative
Agent shall provide specific notice of the availability of affordable
units in Warren, and copies of the application forms, to the following
entities: Fair Share Housing Center, the New Jersey State Conference
of the NAACP, the Latino Action Network, the New Brunswick, Plainfield
Area, Perth Amboy and Metuchen/Edison branches of the NAACP, NORWESCAP,
the Supportive Housing Association, and the Central Jersey Housing
Resource Center.
j.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
a.
Upon the occurrence of a breach of any regulations governing an 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 onto the premises,
and specific performance.
b.
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:
1.
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:
(a)
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;
(b)
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payments into the Warren Township Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(c)
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 relocation costs, as determined
by the Court.
2.
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.
(a)
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-
or 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 owners shall have his right
to possession terminated as well as his title conveyed pursuant to
the Sheriff's sale.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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 from all decisions of an Administrative Agent appointed
pursuant to this section shall be filed in writing with the Superior
Court or such other entity as the Superior Court may designate.
[Added 7-21-2022 by Ord.
No. 22-18]
The purpose of subsections 16-6.24 through 16-6.41 is to establish the affordable housing districts pursuant to the New Jersey Council on Affordable Housing (hereinafter referred to as "COAH") and further for setting forth regulations regarding low- and moderate-income housing units in Warren Township that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994, for existing affordable housing approved and developed prior to the third round of affordable housing obligations. These rules are pursuant to the Fair Housing Act of 1985 and Warren Township's constitutional obligation to provide for its fair share of low and moderate housing.
[Added 7-21-2022 by Ord.
No. 22-18]
Warren Township's new construction or inclusionary component
will be divided equally between low- and moderate-income households
as per N.J.A.C. 5:93-2.20.
[Added 7-21-2022 by Ord.
No. 22-18]
Except for inclusionary developments constructed pursuant to
low-income tax credit regulations:
a.
At least half of all units within each inclusionary development will
be affordable to low-income households; and
b.
At least half of all rental units will be affordable to low-income
households; and
c.
At least 1/3 of all units in each bedroom distribution pursuant to
N.J.A.C. 5:93-7.3 will be affordable to low-income households.
[Added 7-21-2022 by Ord.
No. 22-18]
Inclusionary developments that are not restricted to senior
citizens will be structured in conjunction with realistic market demands
so that:
a.
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;
and
b.
At least 30% of all low- and moderate-income units are two-bedroom
units; and
c.
At least 20% of all low- and moderate-income units are three-bedroom
units; and
d.
Low- and moderate-income units restricted to senior citizens may
utilize a modified bedroom distribution. At a minimum, the number
of bedrooms will equal the number of senior citizen low- and moderate-income
units within the inclusionary development.
[Added 7-21-2022 by Ord.
No. 22-18]
a.
General requirements:
1.
Efficiency units will be affordable to one-person households; and
2.
One bedroom units will be affordable to 1.5-person households; and
3.
Two bedroom units will be affordable to three-person households;
and
4.
Three bedroom units will be affordable to 4.5-person households;
and
5.
Median income by household size will be established by a regional
weighted average of the uncapped Section 8 income limits published
by HUD as per N.J.A.C. 5:93-7.4(b); and
6.
The maximum average rent and price of low- and moderate-income units
within each inclusionary development will be affordable to households
earning 57.5% of median income; and
7.
Moderate income sales units will be available for at least three
different prices and low-income sales units will be available for
at least two different prices; and
8.
For both owner-occupied and rental units, the low- and moderate-income
units will utilize the same heating source as market units within
an inclusionary development; and
9.
Low-income units will be reserved for households with a gross household
income less than or equal to 50% of the median income approved by
COAH; moderate-income units will be reserved for households with a
gross household income less than 80% of the median income approved
by COAH as per N.J.A.C. 5:93-9.16; and
10.
The regulations outlined in N.J.A.C. 5:93-9.15 and 5:93-9.16 will
be applicable for purchased and rental units.
b.
Requirements for rental units. Developers and/or municipal sponsors
may:
1.
Establish one rent for a low-income unit and one for a moderate-income
unit for each bedroom distribution; and
2.
Gross rents, including an allowance for utilities, will be established
so as not to exceed 30% of the gross monthly income of the appropriate
household size as per N.J.A.C. 5:93-7.4(a). The utility allowance
will be consistent with the utility allowance approved by HUD for
use in New Jersey.
c.
Requirements for for-sale units.
1.
The initial price of a low- and moderate-income owner-occupied single-family
housing unit will be established so that after a down payment of 5%,
the monthly principal, interest, homeowner's insurance, property
taxes (based on the restricted value of the low- and moderate-income
unit) and condominium or homeowner fee do not exceed 28% of the eligible
gross monthly income; and
2.
The Township of Warren will follow the general provisions concerning
uniform deed restriction liens and enforcement through certificates
of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3(c);
and
3.
The Township of Warren will require a certificate of reoccupancy
for any occupancy of a low- or moderate-income sales unit resulting
from a resale as per N.J.A.C. 5:93-9.9; and
4.
Municipal, state, non-profit and seller options regarding sale units
will be consistent with N.J.A.C. 5:93-9.5-9.8. Municipal rejection
of repayment options for sale units will be consistent with N.J.A.C.
5:93-9.9; and
5.
The continued application of options to create, rehabilitate or maintain
low- and moderate-income sale units will be consistent with N.J.A.C.
5:93-9.10; and
6.
Eligible capital improvements prior to the expiration of controls
on sale units will be consistent with N.J.A.C. 5:93-9.11; and
7.
The regulations detailed in N.J.A.C. 5:93-9.12 through 5:93-9.14
will be applicable to low- and moderate-income units that are for-sale
units.
[Added 7-21-2022 by Ord.
No. 22-18]
a.
Low- and moderate-income units will be built in accordance with N.J.A.C.
5:93-5.6(d):
|
Minimum Percent of Low-/Moderate-Income Units Completed
|
Percent of Market Housing Units Completed
|
|---|---|
|
0%
|
25%
|
|
10%
|
25% +1
|
|
50%
|
50%
|
|
75%
|
75%
|
|
100%
|
90%
|
|
100
|
b.
A design of inclusionary developments that integrates low- and moderate-income
units with market units is encouraged as per N.J.A.C. 5:93-5.6(e).
[Added 7-21-2022 by Ord.
No. 22-18]
A development fee ordinance was approved by COAH and adopted by Warren Township on March 4, 1992. (See Subsection 15-5.4.)
[Added 7-21-2022 by Ord.
No. 22-18]
To provide assurances that low- and moderate-income units are
created with controls on affordability over time and that low- and
moderate-income households occupy these units, Warren Township will
designate the Warren Township Committee with the responsibility of
ensuring affordability of sales and rental units over time. The Warren
Township Committee has contracted the administration of such responsibilities
with an administrative agent (the "Administrative Agent") as authorized
by the Warren Township Committee. The Administrative Agent will be
responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
a.
In addition, the Administrative Agent will be responsible for utilizing
the verification and certification procedures outlined in N.J.A.C.
5:93-9.1(b) in placing households in low- and moderate-income units;
and
b.
Newly constructed low- and moderate-income sales units will remain
affordable to low- and moderate-income households for at least 30
years. The Administrative Agent will require all conveyances of newly
constructed units to contain the deed restriction and mortgage lien
adopted by COAH and referred to as "Appendix E" as found in N.J.A.C.
5:93; and
c.
Housing units created through the conversion of a nonresidential
structure will be considered a new housing unit and will be subject
to thirty-year controls on affordability. The Administrative Agent
will require an appropriate deed restriction and mortgage lien subject
to COAH's approval.
[Added 7-21-2022 by Ord.
No. 22-18]
a.
Rehabilitated owner-occupied single-family housing units that are
improved to code standard will be subject to affordability controls
for at least six years; and
b.
Rehabilitated renter-occupied housing units that are improved to
code standard will be subject to affordability controls for at least
10 years.
[Added 7-21-2022 by Ord.
No. 22-18]
a.
Newly constructed low- and moderate-income rental units will remain
affordable to low- and moderate-income households for at least 30
years. The Administrative Agent will require an appropriate deed restriction
and mortgage lien subject to COAH's approval; and
b.
Affordability controls in accessory apartments will be for a period
of at least 10 years, except if the apartment is to receive a rental
bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on
affordability will extend for 30 years; and
c.
Alternative living arrangements will be controlled in a manner suitable
to COAH, that provides assurances that such a facility will house
low- and moderate-income households for at least 10 years, except
if the alternative living arrangement is to receive a rental bonus
credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability
will extend for 30 years.
[Added 7-21-2022 by Ord.
No. 22-18]
Section 14(b) of the Fair Housing Act, N.J.A.C. 52:27D-301 et
seq., incorporates the need to eliminate unnecessary cost-generating
features from Warren Township's land use ordinances. Accordingly,
Warren Township has eliminated development standards that are not
essential to protect the public welfare and to expedite or fast-track
municipal approvals/denials on inclusionary development applications.
Warren Township will adhere to the components of N.J.A.C. 5:93-10.1
through 5:93-10.3.
[Added 7-21-2022 by Ord.
No. 22-18]
Warren Township has a fair share obligation of 252 units, of
which six are new construction. This section will apply to all developments
that contain proposed low- and moderate-income units that are listed
below by block and lot numbers and any future developments that may
occur:
[Added 7-21-2022 by Ord.
No. 22-18]
a.
The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of sex, age or number of children, to housing units which
are being marketed by a developer/sponsor, municipality and/or designated
administrative agency of affordable housing. The plan will address
the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits
discrimination in the sale, rental, financing or other services related
to housing on the basis of race, color, sex, religion, handicap, age,
familial status, size or national origin. Warren Township is in the
housing region consisting of Hunterdon, Middlesex and Somerset Counties.
The affirmative marketing program is a continuing program and will
meet the following requirements:
1.
All newspaper articles, announcements and requests for applications
for low- and moderate-income units will appear in the following daily
regional newspapers/publications. (One major newspaper is sufficient
as long as the combined outreach efforts attract sufficient applicants):
(a)
The Courier News.
2.
The primary marketing will take the form of at least one press release
sent to the above publications and a paid display advertisement in
each of the above newspapers. Additional advertising and publicity
will be on an as-needed basis.
3.
The advertisement will include a description of the:
4.
All newspaper articles, announcements and requests for applications
for low- and moderate-income housing will appear in the following
neighborhood-oriented weekly newspapers, religious publications and
organizational newsletters within the region:
5.
Regional radio and/or cable television station(s) will also be used.
6.
The following is the location of applications, brochure(s), sign(s)
and/or posters used as part of the affirmative marketing program,
including specific employment centers within the region:
7.
The following is a listing or community contact person(s) and/or
organization(s) in Middlesex, Hunterdon and Somerset Counties that
will aid in the affirmative marketing program with particular emphasis
on contacts that will reach out to groups that are least likely to
apply for housing within the region:
8.
Quarterly flyers and applications will be sent to each of the following
agencies for publication in their journals and for circulation among
their members:
(a)
Board of Realtors in Middlesex, Hunterdon and Somerset Counties.
|
Applications will be mailed to prospective applicants upon request.
|
9.
Additionally, quarterly informational circulars and applications
will be sent to the chief administrative employees of each of the
following agencies in the counties of Middlesex, Hunterdon and Somerset:
10.
A random selection method is used to select occupants of low- and
moderate-income housing. The Administrative Agent maintains listings
of prequalified income eligible households and randomly selects prospective
applicants as per N.J.A.C. 5:93-9.1. The Township Administrator within
Warren Township is the designated housing officer to act as liaison
to the Administrative Agent. The Administrative Agent will 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.
11.
The Administrative Agent is the agency under contract with Warren
Township to administer the affirmative marketing program. The Administrative
Agent has the responsibility to income qualify low- and moderate-income
households; to place income eligible households in low- and moderate-income
units upon initial occupancy; to provide for the initial occupancy
of low- and moderate-income units with income qualified households;
to continue to qualify households for reoccupancy of units as they
become vacant during the period of affordability controls; to assist
with advertising and outreach to low- and moderate-income households;
and to enforce the terms of the deed restriction and mortgage loan
as per N.J.A.C. 5:93-9.1. The Township Administrator within Warren
Township is the designated housing officer to act as liaison to the
Administrative Agent. The Administrative Agent will 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.
12.
Households who live or work in the COAH-established housing region
may be given preference for sales and rental units constructed within
that housing region. Applicants living outside the housing region
will have an equal opportunity for units after regional applicants
have been initially serviced. Warren Township intends to comply with
N.J.A.C. 5:93-11.7.
13.
All developers of low- and moderate-income housing units will be
required to assist in the marketing of the affordable units in their
respective developments.
14.
The marketing program will commence at least 120 days before the
issuance of either temporary or permanent certificates of occupancy.
The marketing program will continue until all low- and moderate-income
housing units are initially occupied and for as long as affordable
units are deed restricted and occupancy or reoccupancy of units continues
to be necessary.
15.
The Administrative Agent will comply with monitoring and reporting
requirements as per N.J.A.C. 5:93-11.6 and 12.1.
[Added 7-21-2022 by Ord.
No. 22-18]
Low- and moderate-income housing units shall be designed and
constructed in such a manner that they are in substantial, visual
and aesthetic conformance with and complementary to other housing
units in the developer's project.
[Added 7-21-2022 by Ord.
No. 22-18]
Affordable housing districts are as follows:
[Added 7-21-2022 by Ord.
No. 22-18]
[Added 7-21-2022 by Ord.
No. 22-18]
Area, yard and building requirements as set forth in Schedule
A[1] of this subsection.
[1]
Editor's Note: Schedule A is included as Attachment 1
of this chapter.
[Added 7-21-2022 by Ord.
No. 22-18]
a.
Senior citizen shared housing shall be allowed as a conditional use
in the R-19 (AH/MF) District. This type of housing is recognized as
single-family housing, as those residing therein are considered a
family unit. The request for the use shall be made by application
to the Planning Board, with public notice being made by the applicant
as required by this chapter. The senior citizen shared housing shall
be subject to the following requirements:
1.
Such uses shall conform to all bulk regulations of the R-10 (AH/MF)
District for single-family dwellings.
2.
No such housing shall contain more than six bedrooms, and each bedroom
shall have no more than two occupants. The Planning Board may permit
up to 12 bedrooms upon its determination that the expanded facility,
needed to accommodate the additional bedrooms, can be provided within
the bulk regulations of the R-10 (AH/MF) District.
3.
Shared housing structures shall have the exterior appearance of a
single-family dwelling.
4.
Provisions shall be made for off-street parking for all residents
or supervisory personnel employed at the facility. The Planning Board
shall determine the need for off-street parking established in each
application and shall limit the vehicles which can be parked on the
property by residents or supervisory personnel.
5.
There shall be no signs on the property other than a house identification
number.
6.
All residents in the facility shall be at least 62 years of age.
This restriction shall not apply to supervisory personnel.
7.
The Planning Board shall require that the applicant shall produce
a site plan for the development of its property for senior citizen
shared housing which shall show, at a minimum, the location of the
dwelling, all parking areas, landscaping and other matters which the
Planning Board shall require.
8.
All residents of the facility shall be low or moderate income qualified
as defined in N.J.A.C. 5:93-1.3.
9.
The entity which owns the shared housing facility shall be a non-profit
qualified as established in the IRS Code.
[Ord. No. 93-24]
Within the districts established by this chapter or amendments
thereto, there exists lots, structures and uses of land and structures
which were lawful before adoption of this chapter but which are prohibited,
regulated or restricted under the terms of this chapter or amendment.
It is the intent of this chapter to permit any nonconformities to
continue until they are removed, but not to encourage their survival.
Such uses are declared to be incompatible with permitted uses in the
districts involved. It is further the intent that nonconformities
shall not be enlarged, expanded or extended, nor be used as grounds
for adding other structures or uses prohibited elsewhere in the same
district.
[Ord. 93-24]
If two or more lots or combination or portions of lots with
continuous frontage in single ownership regardless of separate deeds
are of record and if all or part of the lots do not meet the requirements
for lot width and area, the lands involved shall be considered to
be an undivided parcel, and no portion of the parcel shall be used
which does not meet lot width and area requirements, nor shall there
be any division of the parcel without Planning Board approval.
[Ord. No. 93-24]
Where a lawful use of land exists that is no longer permissible
under the terms of this chapter, the same use may be continued. No
such nonconforming use shall be enlarged, increased, intensified,
extended to occupy a greater area of structure or land, or moved in
whole or in part to a different portion of the lot or structures thereon.
The prospective purchaser, prospective mortgagee, or any other
person interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate certifying
that the use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming. The applicant shall
have the burden of proof. Application pursuant hereto may be made
to the Zoning Officer within one year of the adoption of the ordinance
which rendered the use or structure nonconforming or at any time to
the Board of Adjustment. The Zoning Officer shall be entitled to demand
and receive for such certificate issued by him/her a fee of $25. The
fees collected by the official shall be paid by him to the municipality.
Denial by the Zoning Officer shall be appealable to the Board of Adjustment.
N.J.S.A. 40:55D-72 to 75 shall apply to applications or appeals to
the Board of Adjustment.
[Ord. No. 93-24]
a.
Structures and their uses that are nonconforming may be continued
so long as they otherwise remain lawful but shall not be enlarged,
expanded or altered except to become more in conformity. Any replacement
of a nonconforming structure shall conform to this chapter. Any nonconforming
structure destroyed to an extent greater than 50% of its assessed
valuation shall not be reconstructed except in conformity with this
chapter. Changes from one nonconforming use to another are prohibited.
b.
No nonconforming building shall be enlarged, extended or increased unless the use of the same is permitted in the district in which it is located and provided said enlargement, extension or increase by itself conforms with all requirements of this Zoning Chapter and the dimensions and setback of said enlargement, extension or increase, when aggregated with the existing building do not create or increase any dimensional or setback violation of this Zoning Chapter and provided further that the area of said enlargement, extension or increase, when aggregated with the area of the existing building, does not exceed the maximum lot coverage standard permitted in that zone or any other standard whatsoever established by this Zoning Chapter. Exception to yard depths are set forth in the Schedule referenced in Section 16-8 of this chapter.
c.
Any nonconforming use or structure existing at the time of the passage
of an ordinance 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.
[Ord. No. 93-24]
When a nonconforming use is discontinued for six consecutive
months or for 18 months during any three-year period, the structure
and premises in combination shall be presumed to have been abandoned
and shall not thereafter be used except in conformance with the regulations
of the district in which it is located.
[Ord. No. 93-24]
Ordinary repairs may be made on any building devoted in whole
or in part to any nonconforming use. Repair or replacement of non-bearing
walls, fixtures, wiring or plumbing may be made, but the cubic content
of the building shall not be increased. Furthermore, this section
shall be deemed to prevent the strengthening or restoring to a safe
condition of any building or part thereof declared to be unsafe.
[Ord. No. 93-24]
Nothing in this chapter shall require any change in the plans,
construction, size or designated use of any building permit which
was issued before adoption of this chapter provided that construction
pursuant to such plans has been substantially started and cannot be
reasonably adapted to the provisions of this chapter, and provided
further that the construction shall be diligently pursued to completion.
[Ord. No. 93-24; Ord. No. 2000-29, § 1; Ord. No. 01-23 § 2; Ord. No. 07-26 § 2; Ord.
No. 13-20; Ord. No. 2016-28 § 3]
The schedule of regulations applying to each district entitled
Schedule of Area, Yard and Building Requirements, hereinafter referred
to as "Schedule," is a part of this chapter and is attached hereto.[1]
[1]
Editor's Note: The Schedule referred to herein is included as an attachment to this chapter.
[Ord. No. 93-24]
The Schedule summarizes the major regulations by zoning district,
including lot size, yards, building heights and other regulations
that may be easily summarized in tabular form; it is not meant to
provide a complete index of all requirements and provisions stated
within this chapter.
[Ord. No. 93-24]
Where a vacant or developed lot is situated between two developed
lots, the minimum front yard requirements of such lot shall be the
average of the front yards of the existing buildings on the adjacent
lots, except no front yard shall be reduced by more than 50% of the
required depth, nor shall any front yard be less than 25 feet in depth,
and further provided, where in a given block there is a pronounced
uniformity of existing buildings where the front yard depths are greater
than required, any new building shall conform substantially with the
established alignment but shall not be required to provide a front
yard depth of greater than 100 feet.
[Ord. No. 93-24]
This zone includes areas of significant environmental constraints,
as identified on the Environmental Constraints Map contained in the
adopted Master Plan of Warren Township dated January 22, 1990. Development
standards encourage clustered single-family dwellings. Areas of accessible,
and contiguous buildable uplands which are greater than 20 acres are
considered appropriate for uses other than strictly large lot single-family
residential or clustered single-family dwellings. Conditional uses
consist of nursing homes, retirement facilities, private membership,
nonprofit and recreation facilities.
[Ord. No. 93-24; Ord. No. 98-7, § 2; Ord. No. 03-23 § 1]
No building, structure or lot shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a.
Single-family detached dwellings.
b.
Farming consisting of vegetable growing, the raising or keeping of
farm animals such as cows and sheep for commercial purposes, keeping
and boarding of horses, including riding stables, tree farming and
nurseries. No farm building used to house livestock and farm animals
shall be located within 25 feet of a lot line.
c.
Volunteer fire company station provided that the lot has a minimum
of six acres and width of 200 feet and further that no accessory use
shall be located within 25 feet of a lot line.
d.
Public and private golf courses provided the lot has a minimum of
75 acres and that no structure or parking area is located within 100
feet of a lot line.
[Ord. No. 93-24]
Accessory uses customary and incidental to the principal use,
including but not limited to those specified. The term accessory use
shall not include a business, nor any building or unit not located
on the same lot with the principal building to which it is accessory.
a.
Private garages and carports.
b.
Private swimming pools and tennis courts provided such uses shall
comply with the minimum required yard requirements for the principal
building.
c.
Outdoor barbecue structures.
d.
Storage buildings.
e.
Animal shelters to house domestic pets and livestock.
f.
Farm storage buildings.
[Ord. No. 93-24; Ord. No. 97-13, § 2; Ord. No. 03-23 § 1]
a.
Public and private nonprofit school offering early childhood, elementary
and/or secondary secular or religious education instruction and approved
by the State of New Jersey, provided:
1.
The use is located on a lot of no less than 10 acres in size and
of 200 feet in width.
2.
No building shall be located within 75 feet of a lot line.
3.
No accessory use be located within 75 feet of a lot line.
4.
The use has direct access to a street classified as other than a
local access street as shown in the adopted Master Plan of Warren
Township.
5.
A planted buffer area of no less than 15 feet in depth or fencing
or both shall be required between all parking areas, outdoor facilities
and adjacent lot lines. This provision may be waived if natural topography,
wetlands or other natural or man made features adequately separate
parking areas from adjoining residentially zoned land.
b.
Public Auctions and Flea Markets. Such use may be permitted as an
accessory use to a nonprofit corporation or organization limited to
fire companies, church and other places of worship, and Lions, Elks
and further provided:
1.
The use is located on a lot of no less than six acres in size.
2.
A planted buffer area of no less than 15 feet in depth or fencing
or both shall be required between all parking areas and adjacent lot
lines. This provision may be waived if topography, wetlands or other
natural or man made features adequately separate parking areas from
adjacent residential zoned land.
3.
A license has been obtained as prescribed by the general ordinances
of Warren Township.
c.
Private membership recreational facilities and nonprofit recreation
facility including facilities open to the general public, offering
activities limited to swimming, tennis, racket ball and handball courts,
but not including commercial recreation uses wherein the principal
use is an indoor activity consisting of exercise rooms, court(s),
pools(s), etc., provided:
1.
The use is located on a lot of no less than 10 acres in size.
2.
A planted buffer area of no less than 25 feet in depth or fencing
or both shall be required between all parking areas, picnic areas,
playing fields and buildings and the adjacent lot lines. This provision
may be waived by the Planning Board if natural topography, wetlands
or other natural or man made features adequately separate the above
from adjoining residential zoned land.
3.
No building shall be located within 100 feet of any lot line nor
have a total floor area of more than 10% of the lot area nor shall
any building exceed two stories or 25 feet in height.
[Ord. No. 93-24]
As specified in the Schedule referenced in Section 16-8, except as hereinafter provided.
[Ord. No. 93-24; Ord. No. 01-25 § 2]
a.
Variable Lot Size Provision. In a subdivision application, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent lots may have areas of not less than 65,340 square feet each, a width of not less than 200 feet, the total of both side yards shall be at least 75 feet (no side yard shall be less than 25 feet), and further provided that the average lot size will be not less than six acres. The Planning Board, in passing on such plats, shall consider the physical and structural characteristics including topography, floodplain, wetland and I-78 environmental impacts on the land included in the subdivision and determine that such variation in lot size will provide a superior layout of the subdivision and a better use of the land for building sites than would be obtained from a uniform lot size. The subdivider shall submit a map showing the development according to the requirements of the EP-250 district, as shown in Section 16-8, and another map showing the development as modified in accordance with this subsection. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of six acres per lot with a width of 150 feet.
b.
Open Space Provision. In order to preserve and protect natural woodlands, waterways and further to provide open space area(s) to future residents concurrent with development, modifications may be permitted. The lot area and minimum lot width as required in the Schedule contained in Section 16-8, may be reduced provided all of the following requirements are met:
1.
Each lot permitted under this subsection shall meet all of the following
requirements:
(a)
Not less than six acres or 60% of the total area of the tract,
whichever is more, shall be either dedicated to Warren Township or
to a homeowners association as per N.J.S. 40:55D-43 to be held as
open space.
(b)
The minimum lot area shall be 65,340 square feet.
(c)
The minimum lot width of any lot shall be 200 feet.
(d)
The minimum total of both side yards shall be 75 feet (no side
yard shall be less than 25 feet).
2.
Plat map. The subdivider shall submit a plat map showing the development according to the requirements of the EP-250 District as provided in the Schedule referenced in Section 16-8 and another plat map showing the development as modified in accordance with this subsection. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of six acres per lot with a width of not less than 150 feet.
3.
Open space. When lands are proposed to be dedicated to the Township
or homeowners association, the Planning Board shall condition final
approval upon acceptance of such land by the Township Committee or
establishment of a homeowners association as the case may be. Open
space may also be established through deed restricted conservation
easement, or similar instrument, to Warren Township or similar instrument.
All open space areas of the tract may be dedicated and conveyed
by the owner to the Township for public use in fee simple subject
to acceptance by Township Committee.
4.
Application review. The Planning Board shall review the plat utilizing
modified lot design standards and thereafter decide upon the submission.
The Board shall base its decision upon the modified lot design plat
proposal with regard to the following:
(a)
Whether the proposal conforms to the comprehensive plan of the
Township;
(b)
Whether the proposal furthers the intent and spirit of the adopted
Open Space Plan of the Township; and
(c)
Whether the proposal does comply with the intent and purpose
of the lot design provision as described.
The Planning Board shall not be compelled to approve a proposal
for open space/cluster development if in its discretion the proposal
does not further the orderly development of the area and the proposed
open space does not relate to the comprehensive plan for development
and provision of parks, conservation, preservation of natural features
and natural drainage systems in the Township.
[Ord. No. 93-24]
As specified in Section 16-24.
[Ord. No. 93-24]
As specified in Section 16-25.
[Ord. No. 93-24; Ord. No. 07-46 § 2]
The CR-130/65 zone applies to large area of vacant land with
environmental constraints present within portions or all of these
areas. The base zoning is one unit on three acres (130,000 square
feet) minimum lot size in a traditional subdivision form.
[Ord. No. 93-24; Ord. No. 03-23 § 2]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a.
Single-family detached dwellings.
b.
Farming consisting of vegetable growing and the raising or keeping
of farm animals for commercial purposes, such as horses, cows and
sheep, but not including riding stables, provided the plot or lot
shall contain an area not less than five acres, and provided that
no farm building used to house livestock and farm animals is located
within 25 feet of a lot line.
c.
Public and private golf courses provided the lot has a minimum of
75 acres and that no structure or parking area is located within 100
feet of a lot line.
[Ord. No. 93-24]
Same as specified in subsection 16-9.3.
[Ord. No. 93-24; Ord. No. 97-13 § 3; Ord. No. 03-23 § 2]
Same as specified in subsections 16-9.4a and 16-9.4b, except that minimum lot size for public auctions and flea markets (16-9-4b) shall be three acres.
Churches, synagogues and other places of worship including resident housing for employees, education/school buildings and any other accessory structures thereto shall be a permitted conditional use subject to the provisions set forth in subsection 16-5.33 of this chapter.
[Ord. No. 93-25]
As specified in the Schedule, Section 16-8, except as hereinafter provided.
[Ord. No. 93-24; Ord. No. 01-25 § 3]
a.
Variable Lot Size Provision. In a subdivision application, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent lots may have areas of not less than 65,340 square feet each and a width of not less than 200 feet, the total of both side yards shall be at least 75 feet (no side yard shall be less than 25 feet), and further provided that the average lot size will be not less than three acres in size. The Planning Board, in passing on such plats, shall consider the physical and structural characteristics including topography, floodplain, wetland and I-78 environmental impacts on the land included in the subdivision and determine that such variation in lot size will provide a superior layout of the subdivision and a better use of the land for building sites than would be obtained from a uniform lot size. The subdivider shall submit a map showing the development according to the requirements of the CR-130/65 zone, as shown in Section 16-8, and another map showing the development as modified in accordance with this subsection. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of three acres per lot with a width of not less than 150 feet.
b.
Open Space Provision. In order to preserve and protect natural woodlands, waterways and further to provide open space area(s) to future residents concurrent with development, modification may be permitted. The lot area and minimum lot width as required in the Schedule contained in Section 16-8, may be reduced provided all of the following requirements are met:
1.
Each lot permitted under this subsection shall meet all of the following
requirements:
(a)
The minimum lot area shall be 65,340 square feet and shall have a width of not less than 200 feet. The lot width, yard and building requirements for lot(s) created by this subsection shall be the same as the R-65 zone as set forth in the Schedule referenced in Section 16-8, except that the minimum for both side yards shall be at least 75 feet (no side yard shall be less than 25 feet).
2.
Plan and density modification. The subdivider shall submit a map showing the development according to the requirements of the CR-130/65 district as provided in the Schedule contained in Section 16-8 and another map showing the development as modified in accordance with this subsection. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of three acres per lot with a width of not less than 150 feet.
3.
Open space. When lands are proposed to be dedicated to Warren Township
or a homeowners association, the Planning Board shall condition final
approval upon acceptance of such land by the Township Committee or
establishment of a homeowners association as the case may be. Open
space may also be established through deed restriction, conservation
easement, or similar instrument, as approved by the Township Attorney.
4.
Application review. The Planning Board shall review the plat utilizing
modified lot design standards and thereafter decide upon the submission.
The Board shall base its decision upon the modified lot design plat
proposal with regard to the following:
(a)
Whether the proposal conforms to the comprehensive plan of the
Township;
(b)
Whether the proposal furthers the intent and spirit of the adopted
open space plan of the Township; and
(c)
Whether the proposal does comply with the intent and spirit
of the Open Space Cluster provision as described.
The Planning Board shall not be compelled to approve a proposal
for modified size development if in its discretion the proposal does
not further the orderly development of the area and the proposed open
space does not relate to the comprehensive plan for development and
provision of parks, conservation, preservation of natural features
and natural drainage systems in the Township.
[Ord. No. 93-24]
As specified in Section 16-24.
[Ord. No. 93-24]
As specified in Section 16-25.
[Ord. No. 93-24; Ord. No. 01-32 § 4]
The R-65 district encompasses the majority of existing 1 1/2
acre lot single family neighborhoods of Warren Township. The standards
and requirements of this district are designed to recognize the existing
developed neighborhood character and to further the goals of the Warren
Township Master Plan.
The R-65/SC district provides for senior citizen development within the Warren Township town center area as described within the adopted Master Plan of Warren Township. The R65/SC zone provides for the phased implementation of the Township Master Plan. The R-65/SC zone is differentiated from the R-65 zone by conditional uses and standards set forth in subsection 16-11.6c of this chapter.
The R-65/PAC district provides for adult/senior citizen development within Warren Township consistent with the adopted Master Plan of the Township. The R-65/PAC zone provides for the phased implementation of the Township Master Plan. The R-65/PAC zone is differentiated from the R-65 and R-65/SC zone by standards set forth in subsection 16-11.2f of this chapter.
[Ord. No. 93-24; Ord. No. 01-32 § 5; Ord. No. 03-23 § 3]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a.
Single-family detached dwellings.
b.
Farming consisting of vegetable growing, the raising or keeping of
farm animals such as cows and sheep for commercial purposes, keeping
and boarding of horses, (but not including riding stables), provided
the lots shall contain an area of five acres and further provided
that no farm building used to house livestock and farm animals shall
be located within 25 feet of a lot line.
c.
Volunteer fire company station provided that the lot has a minimum
of three acres and width of 200 feet and further that no accessory
use shall be located within 25 feet of a lot line.
d.
Public and private golf courses provided that the lot has a minimum
of 75 acres and that no structure or parking area is located within
100 feet of a lot line.
e.
In the R-65/SC zone only, senior citizen housing and uses permitted in the CB zone subject to the standards and regulations of subsection 16-11.6c hereof.
f.
Adult Planned Housing/PAC ("PAC" hereinafter) shall be permitted
in the R-65 PAC district. Dwelling units constructed therein shall
be occupied by families having a head of household 55 years of age
or greater and be subject to the following:
1.
The purpose of this paragraph is to establish the standards and requirements
for planned development that include a mix of market-priced housing
and housing affordable to low and moderate income households.
2.
The following shall be the requirements of a PAC in addition to other
provisions of this chapter, not inconsistent with this paragraph.
In case of conflict with the other provisions of this chapter, the
provisions of this paragraph shall control.
4.
Area, yard and building requirements for a PAC are as follows:
(a)
Minimum area and maximum density. The minimum site area for
a PAC shall be 10 acres.
(1)
Gross Maximum Density: 3.5 dwellings/acre when 50% of all dwellings
are single family detached dwellings; 3.25 dwellings/acre when 75%
of all units are single detached dwellings. Density shall be proportionately
reduced from 3.5 units/acre with increased percentile of single family
detached dwellings above the minimum 50% requirement.
(2)
The following chart provides the basis for the calculated density
referenced above:
|
Density
|
% S.F. Detached
|
|---|---|
|
3.5
|
50%
|
|
3.45
|
55%
|
|
3.4
|
60%
|
|
3.35
|
65%
|
|
3.3
|
70%
|
|
3.25
|
75%
|
|
Interpolation shall determine exact density based upon the above
chart.
|
(b)
Bulk and yard requirements.
(1)
Maximum lot coverage by residential buildings shall be a maximum
of 20% this restriction excludes common facilities such as clubhouses,
gazebos, maintenance sheds, shelters and similar structures.
(2)
Minimum landscaped, recreation and open space area shall be
40% of the total site.
(3)
Building height. No buildings shall exceed a height of two stories
or 35 feet.
(4)
Minimum setback from all property boundaries shall be 50 feet.
(5)
Off-street parking. Off-street parking spaces shall be provided
in accordance with applicable Residential Site Improvement Standards
("RSIS" hereinafter) N.J.S.A. 5:21-4.14 (parking).
(c)
No parking shall be permitted in the required fifty-foot setback
area
(d)
Lighting standards for common areas shall conform to Town Center
design standards as set forth in this chapter.
(e)
Roads. All interior roads shall be private streets and conform
to applicable RSIS standards.
5.
Required housing mix. No less than 50% and no more then 75% of all
dwellings shall be free standing detached dwellings.
6.
Establishment of owners association. The developer of the PAC shall
provide for an organization for the ownership and maintenance of any
common facilities and recreation facilities, landscaped areas, internal
roadways and other amenities in the development for the benefit of
owners and residents of the development. The documentation establishing
such owner's association shall be subject to the approval of the Township
Attorney.
7.
Recreation facilities.
(a)
The areas within the common open space shall provide recreation
facilities appropriate for the size of the development.
(b)
The common open space and recreation facilities located on the
development shall be available on an equal basis to all residents
of the development.
(c)
The recreation facilities may include a central recreation complex
swimming pool, tennis courts, picnic areas and similar facilities.
(d)
The recreation facilities shall include meandering open space
and trails system linking residential dwellings and other structures
located within and without the development.
8.
Sidewalks and walkways.
(a)
A system of contiguous walkways shall be provided throughout
the development, including its common areas, for safe pedestrian movement.
Such walkways shall link the development with off-site Township, and/or
County roads. Such walkways need not parallel local streets.
(b)
Walkways within common areas shall connect to sidewalks along
streets.
9.
Buffers.
(a)
All buildings shall be set back a minimum of 50 feet from all
property lines of the tract. At least 25 feet of this setback area
shall either be preserved with its natural vegetation or landscaped
to provide a visual buffer from adjacent properties.
(b)
Buffering shall provide a year-round visual screen in order
to minimize adverse impacts on the site from adjacent areas. Buffering
shall also ensure privacy for dwelling units and minimize adverse
impacts from traffic, noise and light.
(c)
Buffering shall consist of a berm and either fencing or evergreens,
or combinations of materials, to achieve the stated buffering objectives.
10.
Low and moderate income housing requirement. Required percentage of affordable units to be constructed on-site. The developer shall designate and set aside 20% of the total dwelling units as affordable to low and moderate income households as defined in this chapter subsection 16-6.1 through 16-6.18 of this chapter as applicable.
11.
Tract access restrictions. The sole means of vehicular access/egress
to a PAC shall be to an existing County roadway or Town Centre Drive,
either through direct connection or easement.
[Ord. No. 93-24; Ord. No. 02-43, § 1]
Accessory uses customary and incidental to the principal use,
including, but not limited to those specified. The term accessory
use shall not include a business, nor any building or unit not located
on the same lot with the principal building to which it is accessory.
a.
Private garages and carports.
b.
Private swimming pools and tennis courts provided such uses shall
comply with the minimum required yard depth requirement for the principal
building.
c.
Outdoor barbecue structures.
d.
Storage buildings.
e.
Animal shelters to house domestic pets and livestock.
f.
Farm storage buildings.
[Ord. No. 93-24; Ord. No. 01-14; Ord. No.
01-30 § 1; Ord. No. 03-23 § 3]
a.
Public and private school offering early childhood, elementary and/or
secondary secular or religious education instruction and approved
by the State of New Jersey, provided:
1.
The use is located on a lot of no less than three acres in size and
of 200 feet in width.
2.
No building shall be located within 50 feet of a lot line.
3.
No accessory use be located within 25 feet of a lot line.
4.
The use has direct access to a street classified as other than a
local access street as shown in the adopted Master Plan of Warren
Township.
5.
A planted buffer area of no less than 15 feet in depth or fencing
or both shall be required between all parking areas, outdoor facilities
and adjacent lot lines. This provision may be waived if natural topography,
wetlands or other natural or man-made features adequately separate
parking areas from adjoining residentially zoned land.
b.
Public Auctions and Flea Markets. Such use may be permitted as an
accessory use to a nonprofit corporation or organization limited to
fire companies, church or other places of worship, and Lions and Elks
and further provided:
1.
The use is located on a lot of no less than three acres in size.
2.
A planted buffer area of no less than 15 feet in depth or fencing
or both shall be required between all parking areas and adjacent lot
lines. This provision may be waived if topography, wetlands or other
natural or man-made features adequately separate parking areas from
adjacent residential zoned land.
3.
A license has been obtained as prescribed by the general ordinances
of Warren Township.
c.
Private membership recreational activities and non-profit recreation
facility including facilities open to the general public offering
activities limited to swimming, tennis, racket ball and handball courts,
but not including commercial recreation uses wherein the principal
use is an indoor activity consisting of exercise rooms, equipment,
etc., provided:
1.
The use is located on a lot of no less than 10 acres in size.
2.
A planted buffer area of no less than 25 feet in depth or fencing
or both shall be required between all parking areas, picnic areas,
playing fields and building and the adjacent lot lines. This provision
may be waived if natural topography, wetlands or other natural or
man made features adequately separate the above from adjoining residential
zoned land.
3.
No building shall be located within 100 feet of any lot line nor
have a total floor area of more than 10% of the lot area nor shall
any building exceed two stories or 25 feet in height.
4.
The lot has frontage on a street classified as other than a local
street in the adopted Master Plan of Warren Township.
d.
Residential child care and educational facilities which are defined
as a facility licensed and approved by the Department of Human Services,
Division of Youth and Family Services (DYFS) and the New Jersey Department
of Education (DOE) and preexisting the adoption of the Warren Township
Zoning Ordinance of 1948, provided:
1.
The use is located on a lot or contiguous lots of no less than three
acres in size which has a minimum width of 200 feet.
2.
No principal building used for resident dormitory purposes shall be located within 50 feet of a lot line unless previously granted a variance or the same was preexisting the adoption of subsection 16-11.4d.[1] All other structures, unless preexisting the adoption of subsection 16-11.4d[2] shall conform to the yard requirements of this zone.
3.
No accessory use shall be located within 25 feet of a lot line unless previously granted a variance or the same was preexisting the adoption of this subsection 16-11.4d.
4.
The site has frontage upon a street classified as other than a local
access street as shown in the currently adopted Master Plan of Warren
Township.
5.
A planted buffer area of no less than 15 feet in depth or fencing
or both shall be required between all parking areas, outdoor use facilities
and adjacent lot lines. This provision may be waived if natural topography,
wetlands or other natural or man-made features adequately separate
parking areas from adjoining properties.
6.
Approval by the Development Board of applicant's site plan pursuant to all requirements of the Township Site Plan Regulations (Chapter 15).
7.
A statement by the applicant setting forth the full particulars concerning
the building and use must be submitted to the Development Board, including
approvals by DYFS and DOE and other State, County and Township agencies,
as applicable.
8.
The use shall be located upon a lot or contiguous lots containing
no other use, except other educational or child-related uses may take
place at the site when resident students are not present. No structure
or facility on the site shall be utilized to provide services for
any persons not residing on or assigned to the site by DYFS and/or
DOE except when resident students are not present at the site.
9.
No resident dormitory shall be in excess of two stories in height
exclusive of basement areas. Basement areas shall not be utilized
to house students or as recreation areas or common areas utilized
by students.
10.
Each residential child care - education facility applicant shall
submit proof of licensing and approval by DYFS and DOE.
11.
The applicant shall supply information to the Development Board concerning
the operation and maintenance of the facility and the rules and regulations
governing the admission and discharge of students. In addition to
providing such information to the Development Board, the same information
shall be provided to the Township Board of Health and applicant shall
immediately in the future provide copies of any changes to rules and
regulations to the Township Board of Health.
12.
The facility shall provide indoor and outdoor passive recreation
areas consisting of but not limited to a pool and gym to sufficiently
accommodate the students residing at the site.
13.
The facility shall have twenty-four-hour on-site security. Security
may, with Board approval, consist of a physical barrier, signal or
other approved method to prevent residents of the facility from leaving
unnoticed and to prevent unauthorized persons from entering the facility.
14.
The applicant shall submit details concerning all life-safety and
emergency facilities and equipment.
15.
The facility shall provide one off-street parking space for each employee on the shift employing the largest number of persons. The required off-street parking shall be subject to the provisions of this chapter and Chapter 15 of the Revised General Ordinances of the Township of Warren, and shall be screened from adjacent residentially zoned properties in accordance with the provisions of this chapter and Chapter 15 of the Revised General Ordinances of the Township of Warren and the provisions hereof.
16.
The facility shall be constructed or altered so as to be harmonious
with the residential character of adjacent structures in the residential
zone in which the same is located.
17.
A site identification sign shall be permitted in accordance with
standards for schools and churches in the R-65 zone.
[Ord. No. 93-24]
As specified in the Schedule referenced in Section 16-8, except as hereinafter provided.
[Ord. No. 93-24; Ord. No. 96-9 § 1; Ord. No. 01-25 § 4; Ord.
No. 02-15, § 3]
a.
Variable Lot Size Provision. In a subdivision application, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent lots may have areas of not less than 55,000 square feet each and a width of not less than 200 feet, the total of both side yards shall be at least 75 feet (no side yard shall be less than 25 feet) and further provided that the average lot size will be not less than 65,340 square feet. The Planning Board, in passing on such plats, shall consider the physical and structural characteristics including topography, floodplain, wetland and I-78 environmental impacts on the land included in the subdivision and determine that such variation in lot size will provide a superior layout of the subdivision and a better use of the land for building sites than would be obtained from a uniform lot size. The subdivider shall submit a map showing the development according to the requirements of the R-65 zone, as shown in Section 16-8, and another map showing the development as modified in accordance with this subsection. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of 65,340 square feet per lot with a width of not less than 150 feet.
b.
Open Space Provision. In order to preserve and protect natural woodlands, waterways and further to provide open space area(s) to future residents concurrent with development, modification may be permitted. The lot area and minimum lot width as required in the Schedule contained in Section 16-8, may be reduced provided all of the following requirements are met:
1.
Each lot permitted under this subsection shall meet all of the following
requirements:
(a)
The minimum lot area shall be 40,000 square feet.
(b)
The minimum lot width of an interior lot shall be 125 feet.
(c)
The minimum lot area shall be 55,000 square feet.
(d)
The lot width, yard and building requirements for lot(s) created by this subsection shall be the same as the R-65 zone as set forth in the Schedule referenced in Section 16-8, except that the minimum lot width shall be 200 feet and the minimum for both side yards shall be at least 75 feet (no side yard shall be less than 25 feet).
2.
Plat map. The subdivider shall submit a plat map showing the development according to the requirements of the R-65 district as provided in the Schedule referenced in Section 16-8, and another plat map showing the development as modified in accordance with this subsection. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of 65,340 square feet per lot with a width of not less than 150 feet.
3.
Open space. If lands are proposed to be dedicated to the Township,
the Planning Board shall condition final approval upon acceptance
of such land by the Township Committee.
All open space areas of the tract may be dedicated and conveyed
by the owner to the Township for public use in fee simple.
4.
Application review. The Planning Board shall review the plat utilizing
modified lot design standards and thereafter decide upon the submission.
The Board shall base its decision upon the modified lot design plat
proposal with regard to the following:
(a)
Whether the proposal conforms to the comprehensive plan of the
Township;
(b)
Whether the proposal furthers the intent and spirit of the adopted
open space plan of the Township; and
(c)
Whether the proposal does comply with the intent and purpose
of the modified lot design provision as described.
|
The Planning Board shall not be compelled to approve a proposal
for modified size development if in its discretion the proposal does
not further the orderly development of the area and the proposed open
space does not relate to the comprehensive plan for development and
provision of parks, conservation, preservation of natural features
and natural drainage systems in the Township.
|
c.
Senior Citizen Housing Development and Commercial Development Option
and Use Standards.
1.
The objectives and standards set forth hereafter are designed to
implement, in phases, the Town Center Master Plan Element. The uses
and standards for development are permitted only within the zone designated
R-65/SC as shown on the revised Official Zoning Map.
2.
Intent and purpose. The intent and purpose of the senior citizen-commercial
use development option is to implement the Town Center Master Plan
Land Use Element of the adopted Master Plan of Warren Township. This
subsection provides for the phased implementation of the Town Center.
The objectives are to provide and encourage development of senior
citizen housing affordable to low and moderate income households as
defined by C.O.A.H., as well as middle income senior citizen households.
Of substance to the Master Plan implementation is the issue
of the number of senior citizen housing units needed to serve the
Township's resident population. The absence of current data preempts
a definitive estimate. Because of these facts, the Township's Master
Plan shall be implemented in a phased manner and as established hereinafter.
3.
Senior citizen housing units - age restricted occupancy. Senior citizen
dwelling units constructed pursuant hereto shall be occupied by families
having a head of household of 55 years of age or greater.
4.
Development standards and requirements for senior citizen housing
permitted in the R-65/SC district.
|
Maximum Density* (units per acre)
|
7 dwelling units/acre
|
|
Minimum Habitable Space
|
650 square feet - 1 bedroom
|
|
850 square feet - 2 bedrooms
| |
|
Maximum Average Habitable Space
|
1,000 square feet
|
|
Minimum/Maximum Units Per Building
|
3/5 units/structure
|
|
Maximum Building Height
|
2 1/2 stories/28 feet, whichever the lesser
|
|
Setbacks:**
| |
|
Front - Public Street Private Road
|
25 feet from right-of-way 15 feet minimum from curb with average
of 20 feet for all buildings within development
|
|
Side -
|
10 feet or 1/2 the height of adjacent buildings, whichever the
greater
|
|
Rear -
|
25 feet
|
|
Parking
|
1.5 spaces/dwelling. Garage space, if any, shall be equivalent
to 1/2 parking space
|
|
Affordable Housing Requirement
|
20% of all units shall be affordable to senior citizen households pursuant to Section 16-6 of this chapter. In addition, the said affordable units shall comply with all requirements of Section 16-6 of this chapter, as may be modified by State Statute. Further, the developer shall submit a proforma for the market unit portion of the total development demonstrating intent and objective to provide at least an additional 30% of total units affordable to median income households 125% of C.O.A.H. moderate income limit). The proforma shall include a proposal for instrument(s) (deed restriction, covenants, etc.) to run with the land ensuring initial and continued affordability and occupancy by median income households along with any other requirements of the Planning Board. The said proforma to be subject to the approval of the Planning Board and the Warren Township Committee.
|
|
Occupancy Preference (other than affordable units)
|
The Developer shall make all reasonable efforts to make all
market-price units available first to Warren residents or to those
individuals who work in Warren and reside elsewhere. These efforts
will be detailed in a plan which will be presented for the approval
of the Planning Board and the Warren Township Committee.
|
|
Streetscape
|
Sidewalks, street trees, fencing, decorative lighting and similar
improvements shall be required in accord with Township standards.
|
|
Site Amenities
|
Common gardening areas, sitting areas and as required by Planning
Board in keeping with a senior citizen project
|
|
Notes:
| |
|---|---|
|
*
|
Density shall be reduced in proportion to the percentage of
the development tract proposed for nonresidential use. The density
computation shall be as follows:
|
|
Units/Acre
|
Percentage of Tract Developed for Senior Citizen Housing
|
|---|---|
|
7
|
100%
|
|
6
|
80%
|
|
5
|
60% (minimum required)
|
|
Incremental computation shall be permitted. For example, if
70% of the tract is proposed for senior citizen dwellings, the maximum
density shall be 5.5 dwellings per acre calculated as follows:
|
|
% Nonresidential land area
|
x
|
incremental density reduction factor
|
=
|
density reduction
|
|
30%
|
x
|
5 units/acre
|
=
|
1.5 units/acre reduction
|
|
**
|
Setbacks apply to building(s) containing senior citizen dwellings
and not individual units.
|
|
***
|
A rear yard of 50 feet shall be required adjacent to any ECR
or RR zone. No structure shall be permitted therein.
|
5.
Development standards for nonresidential uses within the R-65/SC
district. A maximum of 40% of a total tract zoned R-65/SC shall be
permitted for nonresidential use.
The development of the nonresidential portion of the tract shall comply with standards and requirements for the CB district inclusive of F.A.R. modification provided in subsection 16-13.6 except for the following:
|
Minimum Front Yard Depth -
|
25 feet from public right-of-way
|
|
15 feet from curb of private road
| |
|
5 feet from driveway
|
|
Design standards (subsection 15-7.3) for Town Center area shall apply and be determinant of commercial development character.
|
[Ord. No. 93-24]
As specified in Section 16-24.
[Ord. No. 93-24]
As specified in Section 16-25.
[Ord. No. 02-42, § 3]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a.
Single-family detached dwellings.
b.
Farming consisting of vegetable growing and the raising or keeping
of farm animals for commercial purposes, such as horses, cows and
sheep, but not including riding stables, tree farming and nurseries
provided the plot or lot shall contain an area not less than five
acres, and provided that no farm building used to house livestock
and farm animals is located within 25 feet of a lot line.
c.
Church, synagogue or other place of worship, including parish house
and school buildings and volunteer fire company station provided that
has a minimum of three acres and width of 200 feet and further that
no accessory use shall be located within 25 feet of a lot line.
d.
Public and private golf courses provided the lot has a minimum of
75 acres and that no structure or parking area is located within 100
feet of a lot line.
[Ord. No. 02-42, § 3]
Same as specified in subsection 16-11.3.
[Ord. No. 02-42, § 3]
Same as specified in subsection 16-11.4.
[Ord. No. 02-42, § 3]
As specified in the Schedule attached to Section 16-8 for the R-65 zone, except as hereinafter provided.
[Ord. No. 02-42, § 3]
a.
Same as specified in subsection 16-11.6a except that the minimum lot size may be reduced to 40,000 square feet.
b.
Variable Lot Size; Open Space Reservation Provision. In order to preserve and protect natural woodlands, waterways and further provide open space and conservation areas to future residents concurrent with residential development in a major subdivision, variations of ECR District regulations set forth in the Schedule, Section 16-8, may be permitted in accordance with and subject to the following:
1.
Lot Size. The lot size of one or more lots may be less than 1 1/2
acres and have a lot width of less than 150 feet, but in no event
shall any lot be less than 40,000 square feet in area and have a width
of lot of less than 125 feet.
2.
Lot width may be reduced by one foot for each 1,000 square feet of
lot area less than 65,340 square feet, but in no case shall the lot
width and the lot frontage be less than 125 feet.
[Ord. No. 07-26 § 1]
The R-40 district encompasses the majority of existing and proposed
one acre lot single family neighborhoods of Warren Township. The standards
and requirements of this district are designed to recognize the existing
developed neighborhood character and to further the goals of the Warren
Township Master Plan.
[Ord. No. 07-26 § 1]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a.
Single-family detached dwellings.
b.
Farming consisting of vegetable growing, the raising or keeping of
farm animals such as cows and sheep of commercial purposes, keeping
and boarding of horses (but not including riding stables), provided
the lots shall contain an area of five acres and further provided
that no farm building used to house livestock and farm animals shall
be located within 25 feet of a lot line.
c.
Volunteer fire company station provided that the lot has a minimum
of three acres and width of 200 feet and further that no accessory
use shall be located within 25 feet of a lot line.
[Ord. No. 07-26 § 1]
Accessory uses customary and incidental to the principal uses,
including but not limited to those specified. The term accessory use
shall not include a business, nor any building or unit not located
on the same lot with the principal building to which it is accessory.
a.
Private garages and carports.
b.
Private swimming pools and tennis courts provided such uses shall
comply with the minimum required yard depth requirement for the principal
building.
c.
Outdoor barbecue structures.
d.
Storage buildings.
e.
Animal shelters to house domestic pets and livestock.
f.
Farm storage buildings.
[Ord. No. 07-26 § 1]
None.
[Ord. No. 07-26 § 1]
As specified in the Schedule reference in Section 16-8.
[Ord. No. 07-26 § 1]
As specified in Section 16-24.
[Ord. No. 07-26 § 1]
As specified in Section 16-25.
[Ord. No. 93-24]
This district recognizes the developed character of medium density
residential neighborhoods in the Township. The standards are designed
to provide flexibility of development standard considerate of varied
lot sizes and environmental factors.
[Ord. No. 93-24; Ord. No. 97-13 § 6; Ord. No. 01-32 § 7; Ord.
No. 03-23 § 4]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a.
Single-family detached dwellings.
b.
Farming consisting of vegetable growing and the raising or keeping
of farm animals for commercial purposes, such as horses, cows and
sheep but not including riding stables, tree farming and nurseries
provided the plot or lot shall contain an area of not less than five
acres, and provided that no farm building used to house livestock
and farm animals is located within 25 feet of a lot line.
c.
Nursing homes and assisted living residential health care facilities subject to the standards, limitations and requirements as set forth in subsection 16-14.2c3 (RBLR Zone District).
d.
Adult Planned Housing/PAC shall only be a permitted use in the R-65
PAC and R-20(V) PAC districts subject to the standards and requirements
set forth in subsection 16-11.2g of this chapter.
[Ord. No. 93-24]
Same as specified in subsection 16-11.3.
[Ord. No. 93-24; Ord. No. 03-23 § 4]
Same as specified in subsection 16-11.4. Churches, synagogues and other places of worship including resident housing for employees, education/school buildings and any other accessory structures thereto shall be a permitted conditional use subject to the provisions set forth in subsection 16-5.33 of this chapter.
[Ord. No. 93-24; Ord. No. 97-16 § 2; Ord. No. 01-23 § 3; Ord.
No. 07-27 § 1]
Same as specified in the Schedule referenced in Section 16-8, with the following exceptions:
a.
The minimum front yard setback for all lots which front on a roadway
designated in the Warren 1997 adopted Master Plan as other than a
local street shall be 75 feet.
b.
In the R-20 district only the maximum allowed FAR may be increased to 0.20 provided the maximum percent lot coverage by building (column 10 of the Schedule of Area, Yard and Building Requirements, Township of Warren (Section 16-8), which is appended to subsection 16-8.1 entitled "Schedule" of Section 16-8 entitled "Schedule of District Regulations" of this Chapter 16) does not exceed 10%.
[Ord. No. 93-24; Ord. No. 97-16 § 3]
a.
Variable Lot Size Provisions. In a subdivision application, variable
lot sizes may be approved by the Planning Board. The lot sizes may
be varied to the extent that lots may have areas of not less than
15,000 square feet each and a width of not less than 100 feet if sufficient
of the remainder of the lots are increased in area so that the average
lot size will be not less than 20,000 square feet. The Planning Board,
in passing on such plats, shall consider the physical and structural
characteristics including topography of the land comprised in the
subdivision and determine that such variation in lot size will provide
a better layout of the subdivision and a better use of the land for
building sites than would a uniform lot size.
The subdivider shall submit a plat map showing the development according to the requirements of the R-20(V) district as shown in the Schedule referenced in Section 16-8, and another plat map showing the development as modified in accordance with this subsection. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of 20,000 square feet per lot with a width of less than 100 feet.
b.
Open Space Cluster Provision. In order to preserve and protect natural woodlands and waterways to encourage preservation of open space area(s) to future residents concurrent with development, and to advance the objections of the Master Plan of Warren Township, modification may be permitted. The lot area and minimum lot width as required in the Schedule referenced in Section 16-8, may be reduced provided all of the following requirements are met.
1.
Each lot permitted under this subsection shall meet all of the following
requirements:
(a)
The minimum lot area shall be 15,000 square feet.
(b)
The minimum lot width of an interior lot shall be 85 feet.
(c)
The minimum lot width of a corner lot shall be 100 feet.
(d)
Yard and building requirements for lot(s) created by this subsection
shall be the same as the R-10(AH) zone as set forth in the Schedule
referenced in subsection 16-6.17 Schedule A and further provided that
the FAR of 0.125 shall apply to all lots.
2.
Plat map. The subdivider shall submit a plat map showing the development
according to the requirements of the R-20(V) district as provided
in the Schedule referenced in and with this subsection. In no event
shall the density of development throughout the subdivision exceed
the exact number of lots that would have been permitted to be built
if such development had proceeded on the basis of 20,000 square feet
per lot with a width of not less than 100 feet.
3.
Open space. If lands are proposed to be dedicated to the Township
or a home owners' association, the Planning Board shall condition
final approval upon acceptance of such land by the Township Committee
or establishment of a home owners' association as the case may be.
All open space areas of the tract may, if approved by the Township
Committee, be dedicated and conveyed by the owner to the Township
for public use in fee simple.
4.
Application review. The Planning Board shall review the plat utilizing
modified lot design standards and thereafter decide upon the submission.
The Board shall base its decision upon the modified lot design plat
proposal with regard to the following:
(a)
Whether the proposal conforms to the comprehensive plan of the
Township;
(b)
Whether the proposal furthers the intent and spirit of the adopted
open space plan of the Township; and
(c)
Whether the proposal complies with the intent and purpose of
the modified lot design provision as described.
The Planning Board shall not be compelled to approve a proposal
for modified size development if in its discretion, (i) the proposal
does not further the orderly development of the area, (ii) the proposed
open space is not consistent with the comprehensive plan for development,
or (iii) no provision is made for parks, conservation, preservation
of natural drainage systems in the Township.
[Ord. No. 93-24]
As specified in Section 16-24.
[Ord. No. 93-24]
As specified in Section 16-25.
[Ord. No. 2016-28 § 4]
The R-10 district recognizes and encompasses the majority of
existing 10,000 sf single family lot neighborhoods of Warren Township.
The standards and requirements of this district are designed to recognize
the existing developed neighborhood character and to further the goals
of the Warren Township Master Plan.
[Ord. No. 2016-28 § 4]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a.
Single-family detached dwellings.
b.
Farming consisting of vegetable growing, the raising or keeping of
farm animals such as cows and sheep of commercial purposes, keeping
and boarding of horses (but not including riding stables), provided
the lots shall contain an area of five acres and further provided
that no farm building used to house livestock and farm animals shall
be located within 25 feet of a lot line.
[Ord. No. 2016-28 § 4]
Accessory uses customary and incidental to the principal uses,
including but not limited to those specified. The term accessory use
shall not include a business, nor any building or unit not located
on the same lot with the principal building to which it is accessory.
a.
Private garages and carports.
b.
Private swimming pools and tennis courts provided such uses shall
comply with the minimum required yard depth requirement for the principal
building.
c.
Outdoor barbecue structures.
d.
Storage shed.
e.
Animal shelters to house domestic pets.
f.
Farm storage buildings accessory to a farm.
[Ord. No. 2016-28 § 4]
None.
[Ord. No. 2016-28 § 4]
As specified in the Schedule referenced in Section 16-8.
[Ord. No. 2016-28 § 4]
As specified in Section 16-24.
[Ord. No. 2016-28 § 4]
As specified in Section 16-25.
[Ord. No. 93-24]
This district contains three existing shopping centers and hosts
the majority of retail space in the Town Center area. The purposes
of the district are to (1) create viable retail areas that are pedestrian
in scale; (2) encourage and provide for Town Center circulation plan
implementation and (3) encourage creation of a village "Main Street"
as described and set forth in the adopted Master Plan of Warren Township.
[Ord. No. 93-24; Ord. No. 97-13 § 4]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a.
Retail sales such as, or similar to:
Grocery, drug stores, meat, poultry and baked goods shop, packaged
liquor stores, gardening and flower shops, household appliance and
furniture, including lighting, carpeting, appliance stores, stationery
supplies stores, gift shop, apparel, sporting goods and equipment,
hardware, plumbing supplies and electrical appliance stores, antique
and hobby shops.
b.
Service establishments such as or similar to the following:
Barber or beauty shops, dry cleaning or tailoring shops, shoe
and shoe repair shops, business offices and professional offices,
banks, real estate, finance and insurance and post offices, radio
and electrical repairing establishments, schools for instruction in
music, dancing, exercise and career skills.
c.
Other uses permitted:
1.
Clubs, fraternal organizations and lodges established for eleemosynary
and/or civic purposes.
2.
Non-profit educational, religious or philanthropic uses.
3.
Day care services.
4.
Shopping centers which for the purpose of this chapter shall be a
lot used by three or more uses housed in building(s) of 10,000 square
feet or more.
5.
Restaurants and other eating and drinking establishments wherein
food and drink are consumed within the principal building.
Restaurants shall not be interpreted to include and are hereby
defined to exclude drive-in restaurants or refreshment stands, commonly
called snack bars, dairy bars, hamburger stands or hot dog stands
or similar uses where customers and patrons are served food, soft
drinks or ice cream primarily for their immediate consumption outside
the confines of the building or structure in which the business is
conducted.
[Ord. No. 93-24]
Any accessory use on the same lot which is customarily incidental
to the principal use permitted on the same lot such as but not necessarily
limited to:
a.
Maintenance and storage buildings.
[Ord. No. 93-24; Ord. No. 03-23 § 5]
Churches, synagogues and other places of worship including resident housing for employees, education/school buildings and any other accessory structures thereto shall be a permitted conditional use subject to the provisions set forth in subsection 16-5.33 of this chapter.
[Ord. No. 93-24]
As specified in the Schedule, Section 16-8.
[Ord. No. 93-24]
None.
[Ord. No. 93-24]
a.
Off-street parking, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 16-24.
b.
In the CB district, off-street parking may be located in the front,
side and rear yards; provided, however, that parking area shall be
located no less than five feet from any side lot line, nor no less
than 10 feet from any rear lot line or from any street right-of-way
line. Parking area shall be located no less than five feet from any
building. Complete building perimeter parking is prohibited.
[Ord. No. 93-24]
Signs subject to the sign regulations of Section 16-25.
[Ord. No. 93-24]
a.
Open Storage of Materials. All materials and equipment except gardening
supplies and nursery stock shall be stored in completely enclosed
buildings. All open display of products shall be placed no closer
than the distance equal to the required front yard depth.
b.
Transition Requirement. There shall be established along the line
of any side or rear lot line that is contiguous to any residential
district (unless the side or rear lot line coincides with any major
street as shown on the adopted Master Plan of the Township of Warren),
a buffer strip of at least 25 feet in width plus five feet additional
width for each ten-foot interval or fraction thereof of the height
of the principal building. The buffer area shall be landscaped and
fencing provided as required to provide appropriate screening of the
operations of the lot from adjoining residential zone.
[Ord. No. 93-24]
This zone is confined to the limited area along and behind Mountain
Boulevard and portions of the town center delineated in the adopted
map of Warren Township. It is the specific purpose of this zone to
limit strip commercial/retail development. Buildings should have a
residential scale and have residential architectural components. Parking
and display facilities shall be located in rear and side yard areas.
The mix of uses will allow office and service uses and limited retail.
Retail would be limited to existing uses as well as selected and listed
retail-service uses. Offices are encouraged.
[Ord. No. 93-24; Ord. No. 97-13 § 5; Ord. No. 97-18 § 1; Ord.
No. 01-25 § 5; Ord. No.
07-28 § 1]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a.
Retail sales uses are limited to:
Delicatessen, excluding drive-in restaurant or restaurant as defined in Section 16-3, gardening and flower shops, household appliances and furniture stores, stationery supplies stores, gift shop, apparel stores, sporting goods and equipment, hardware, plumbing supplies and electrical appliance stores, antique and hobby shops.
b.
Service establishments such as or similar to the following:
Barber or beauty shops, dry cleaning or tailoring shops, shoe
repair shops, business offices and professional offices, banks, real
estate, finance and insurance, radio and electrical repairing establishments,
schools for instruction in music, dancing, exercise and career skills.
c.
Other uses permitted:
1.
Clubs, fraternal organizations and lodges which are nonprofit uses
established for eleemosynary and/or civic purposes.
2.
Nonprofit educational, religious or philanthropic uses.
3.
Nursing homes and assisted living residential health care facilities.
(a)
The purpose of this subsection is to establish standards for
assisted living residential health care facilities and nursing homes
as defined herein and by the New Jersey Department of Health which
are intended to promote "aging in place" in a homelike setting for
frail elderly and disabled persons, including persons who require
formal long-term care. Assisted living residences assure that residents
receive supportive health and social services as they are needed to
enable them to maintain their independence, individuality, privacy,
and dignity in an apartment-style living unit. The assisted living
environment promotes resident self-direction and personal decision-making
while protecting residents' health and safety.
(b)
An assisted living residential health care facility offers a
suitable living arrangement for persons with a range of capabilities,
disabilities, frailties, and strengths. A nursing home facility provides
living accommodations for individuals requiring skilled nursing care
and other services as required by license of the New Jersey Department
of Health.
(c)
A nursing home or an assisted living residential health care
facility is a permitted use in the RBLR and R-20(v) zones only providing
that the use and for structure shall adhere to the minimum standards
of the RBLR and R-20(v) zones and also the following:
(1)
A statement is submitted setting forth in full detail, all particulars
on the building and/or use. A Certificate of Need approval shall be
required before the signing of a development plan.
(2)
The site must have frontage on, and access to, a primary arterial
street as shown on the adopted master plan of Warren Township.
(3)
The lot upon which the use is proposed shall conform to the
following standards and requirements:
(i)
Minimum lot size: 10 acres. Lot area shall include land within the RBLR zone and may either include adjacent land within the R-20(v) zone as provided by subsection 16-12.2d or a contiguous area of land dedicated to the Township for open space purposes either of which lands shall be included as part of the minimum lot size requirement as set forth herein.
(ii)
Minimum front yard setback: 100 feet.
(iii)
Minimum side yard setback: 40 feet.
(iv)
Minimum rear yard setback: 50 feet.
(v)
Maximum lot coverage by buildings: 15%. Applies
to the lot area excluding the area dedicated for open space.
(vi)
Maximum lot coverage by buildings and pavement:
50%. Applies to the lot area excluding the area dedicated for open
space.
(vii)
Minimum unoccupied open space: 50%. Open space
shall be located predominantly in the R-20(v) zone.
(viii)
Maximum FAR shall be 0.15 or lot area located in the RBLR zone and 0.125 for lot area located in the R-20(v) zone and as further provided in NOTE 2 of the Schedule, Section 16-8. No building FAR shall be obtained from any dedicated open space area except as provided in NOTE 2 of Schedule, Section 16-8.
(4)
Off-street parking: no parking or standing shall be permitted
in the required front yard except for emergency vehicles, drop-off/pick-up
areas and visitor parking spaces and further provided a minimum of
one space per employee at a maximum shift plus one space for each
10 assisted living residential care suites or nursing beds shall be
provided. No parking area shall be permitted within 40 feet of an
adjacent lot located in a residential zone.
(5)
The permanent residents of the facilities shall be restricted
to those 65 years of age or older; however, nothing herein shall prohibit
a spouse from residing in the facility who is under the age of 65.
(6)
All support facilities, functions and services shall be solely
for the use and benefit of the resident users of the facility and
their guests.
(7)
The minimum size of a single occupancy residential unit, including
bathroom, shall be 280 square feet.
(8)
Health care and support services, functions and facilities shall
include the following at a minimum:
(i)
Indoor and outdoor recreational facilities.
(ii)
Physical therapy facilities - Entertainment facilities.
(iii)
Libraries.
(iv)
Dining facilities and food preparation facilities.
(v)
Housekeeping and laundry services.
(vi)
Emergency medical services and private emergency
transportation facilities.
4.
Day care services.
[Ord. No. 93-24]
Any accessory use on the same lot which is customarily incidental
to the principal use permitted on the same lot such as but not necessarily
limited to:
a.
Maintenance and storage buildings.
[Ord. No. 93-24; Ord. No. 03-23 § 6]
Churches, synagogues and other places of worship including resident housing for employees, education/school buildings and any other accessory structures thereto shall be a permitted conditional use subject to the provisions set forth in subsection 16-5.33 of this chapter.
[Ord. No. 93-24]
As specified in the Schedule referenced in Section 16-8.
[1]
Editor's Note: Former subsection 16-14.6, Permitted Modifications,
previously codified herein and containing portions of Ordinance No.
93-24 was repealed in its entirety by Ordinance No. 02-13.
[Ord. No. 93-24]
a.
Off-street parking, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 16-24.
b.
In the RBLR district, off-street parking shall not be located in
the front yard, nor closer than five feet to any building or the side
boundary lines nor closer than 10 feet from a rear lot line. All off-street
parking areas shall be substantially screened from view from the public
right-of-way by placement of the building or buildings between the
parking area and the public right-of-way and/or through the use of
earth contouring and landscaping, or any combination thereof, to provide
an effective visual screen from the public right-of-way.
[Ord. No. 93-24]
Signs subject to the sign regulations of Section 16-25.
[Ord. No. 93-24]
a.
Open Storage of Materials. All materials and equipment (except gardening
supplies and nursery stock) shall be stored in completely enclosed
buildings. All open display of products shall be placed no closer
to public street than the distance equal to the required front yard
depth.
b.
Transition Requirement. A buffer shall be established along the line
of any side or rear lot that is contiguous to any residential district
(unless the side or rear lot line coincides with any major street
as shown on the adopted Master Plan of the Township of Warren) with
a width of at least 25 feet in width plus five feet additional width
for each ten-foot interval, or fraction thereof, of the height of
the principal building. The buffer area shall be landscaped and fencing
provided as required to provide appropriate screening of the operations
of the lot from adjoining residential zone.
c.
Town Center Design Requirement. The standards and requirements of Chapter 15 (Land Use Procedures and Development) Section 15-7, shall control the design of all building(s) and improvements. Additionally since the RBLR district is a transitional district between residential districts and the more intense use allowed in the CB district, the buildings constructed in the RBLR district will be required to possess a residential appearance to the extent reasonable.
[Ord. No. 93-24]
The neighborhood business district serves convenience shopping
needs and encourages smaller shops in a neighborhood atmosphere. Uses
such as small deli, pharmacy, bakery, other convenience goods, services,
small offices and day care are provided for.
[Ord. No. 93-24; Ord. No. 03-23 § 7]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a.
Retail uses such as or similar to:
Grocery and drug stores, specialty food and delicatessens, baked
goods stores, packaged liquor stores, flower shops, stationery supplies
stores, gift and pet stores, apparel and sporting good stores, hardware
and hobby shops.
b.
Service uses such as or similar to:
Barber or beauty shops, dry cleaning or tailoring shops, shoe
repair and business offices and professional offices, including medicine,
dentistry and veterinarian, banks, real estate, finance and insurance,
schools for instruction in music, dance, exercise and career skills.
c.
Restaurants and other eating establishments wherein food and drink
are consumed within the principal building. Restaurants shall not
be interpreted to include and are hereby defined to exclude drive-in
restaurants or refreshment stands, commonly called snack bars, dairy
bars, hamburger stands or hot dog stands or similar uses where customers
and patrons are served food, soft drinks or ice cream primarily for
their immediate consumption outside the confines of the building or
structure in which the business is conducted.
d.
Child care centers pursuant to N.J.S. 40:55D-66.6.
[Ord. No. 93-24; Ord. No. 03-23 § 7]
a.
Restaurants having a license to sell alcohol to the general public
provided such use complies with all lot area, yard and building requirements
as specified by the CB district.
[Ord. No. 93-24]
As specified in the Schedule referenced in Section 16-8.
[Ord. No. 93-24]
None.
a.
Off-street parking space together with appropriate access thereto shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 16-24.
b.
Off-street parking space may be located in the front, side and rear
yards provided, however, that no parking area shall be located nearer
than five feet to any property line and further provided that complete
building perimeter parking is prohibited.
[Ord. No. 93-24]
As specified in Section 16-25.
[Ord. No. 93-24]
a.
Open Storage of Materials. All materials and equipment shall be stored
in completely enclosed buildings or otherwise be screened by walls,
fences and landscaping to screen such materials and equipment from
outside the boundaries of the lot. All open display of products shall
be placed no closer to any public street than the distance equal to
the required front yard depth.
b.
Transition Requirement. A buffer shall be established, along the
line of any side or rear lot that is contiguous to any residential
zone (unless the side or rear lot line coincides with any major street,
as shown on the adopted Master Plan of the Township of Warren), with
a width of at least 15 feet, plus five feet additional width for each
ten-foot interval or fraction thereof of the height of the principal
building which exceeds 15 feet in height. The buffer area shall be
landscaped and fencing provided as required to provide appropriate
screening of the operations of the lot from adjoining residential
zone.
[Ord. No. 14-04 § 3]
The purpose of the HNB-Historic Neighborhood Business District
is to:
a.
Promote the educational, cultural, economic and general welfare through
the protection, enhancement and preservation of historic resources
within Warren Township.
b.
Preserve and retain a harmonious setting for historic and architecturally
significant buildings, structures and places within Warren Township.
c.
Protect the aforesaid historical resources from incompatible land
uses.
[Ord. No. 14-04 § 3]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a.
Retail uses such as or similar to:
Grocery and drug stores, specialty food and delicatessens, baked
goods stores, packaged liquor stores, flower shops, stationery supply
stores, gift and pet stores, apparel and sporting goods stores, hardware
and hobby shops.
b.
Service uses such as or similar to:
Barber or beauty shops, dry cleaning or tailoring shops, shoe
repair and business offices and professional offices, including medicine,
dentistry, and veterinarian, banks, real estate, finance and insurance,
schools for instruction in music, exercise and career skills.
c.
Restaurants and other eating establishments wherein food and drink
are consumed within the principal building. Restaurants shall not
be interpreted to include and are hereby defined to exclude drive-in
restaurants or refreshment stands, commonly called snack bars, dairy
bars, hamburger stands or hot dog stands or similar uses where customers
or patrons are served food, soft drinks or ice cream primarily for
their immediate consumption outside the confines of the building or
structure in which the business is conducted.
d.
Child care centers pursuant to N.J.S. 40:55D-66.
[Ord. No. 14-04 § 3]
a.
Restaurants having a license to sell alcohol to the general public
provided such use complies with all lot, area, yard and building requirements
as specified by the CB District.
[Ord. No. 14-04 § 3]
The height, area and bulk requirements shall be the same as those specified for the NB Zone district in the Schedule referenced in Section 16-8.
[Ord. No. 14-04 § 3]
None.
[Ord. No. 14-04 § 3]
a.
Off-street parking space together with appropriate access thereto shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 16-24.
b.
Off-street parking space may be located in the front, side and rear
yards provided, however, that no parking area shall be located nearer
than five feet to any property line and further provided that complete
building perimeter parking is prohibited.
[Ord. No. 14-04 § 3]
As specified in Section 16-25.
[Ord. No. 14-04 § 3]
a.
Open Storage of Materials. All materials and equipment shall be stored
in completely enclosed buildings or otherwise be screened by walls,
fences and landscaping to screen such materials and equipment from
outside the boundaries of the lot. All open display of products shall
be placed no closer to any public street than the distance equal to
the required front yard depth.
b.
Transition Requirement. A buffer shall be established, along the
line of any side or rear lot that is contiguous to any residential
zone (unless the side or rear lot line coincides with any major street,
as shown on the adopted Master Plan of the Township of Warren), with
a width of at least 15 feet, plus five feet additional width for each
ten-foot interval or fraction thereof of the height of the principal
building which exceeds 15 feet in height. The buffer area shall be
landscaped and fencing provided as required to provide appropriate
screening of the operations of the lot from adjoining residential
zone.
c.
Design Requirements. All renovations, modifications, additions and new construction within the HNB-Historic Neighborhood Business District shall conform to and comply with the standards and requirements of subsection 15-7.3 entitled "Town Center and Nonresidential Zone Design Requirements of Chapter 15, entitled "Land Use Procedures and Development."
[Ord. No. 93-24]
The business-residential zones are mixed use zones which will
serve as a transition zone between residential zones and nonresidential
zones. Many of the structures in these zones are used as single family
homes or currently in office use. These zones, to the extent possible,
should retain a residential character and be of sufficient lot frontage
to minimize the visual and traffic impact on the adjacent roadway.
Curb cuts should be minimized to alleviate traffic congestion through
combining access for adjacent lots whenever possible. This zone is
appropriate for offices, service uses and single-family dwellings.
No retail or wholesale sale of goods is allowed in these zones.
[Ord. No. 93-24]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
[Ord. No. 93-24]
Any accessory use on the same lot which is customarily incidental
to the principal use permitted on the same lot such as but not necessarily
limited to:
[Ord. No. 93-24; Ord. No. 03-23 § 8]
Churches, synagogues and other places of worship including resident housing for employees, education/school buildings and any other accessory structures thereto shall be a permitted conditional use subject to the provisions set forth in subsection 16-5.33 of this chapter.
[Ord. No. 93-24]
As specified in the Schedule referenced in Section 16-8.
[Ord. No. 93-24]
None.
[Ord. No. 93-24]
a.
Off-street parking spaces, together with appropriate access thereto shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 16-24.
b.
Off-street parking spaces may be located in the front, side and rear
yards, provided, however, that no parking area shall be located less
than 10 feet from any side property line nor less than 25 feet from
a front or rear property line and further provided that complete building
perimeter parking is prohibited.
[Ord. No. 93-24]
a.
Open Storage of Materials. All materials and equipment shall be stored
in completely enclosed buildings. No open display of products shall
be permitted.
b.
Transition Requirements. A buffer shall be established along the
line of any side or rear lot line that is contiguous to any residential
zone (unless the side or rear lot line coincides with any major street,
as shown on the adopted Master Plan of the Township of Warren) with
a width of at least 25 feet plus five feet additional width for each
ten-foot interval or fraction thereof of the height of the principal
building which exceeds 15 feet in height. The buffer area shall be
landscaped and fencing provided as required to provide appropriate
screening of the operations of the lot from adjoining residential
districts.
c.
Exterior architectural treatment of all structures shall exhibit
residential characteristics for window size, exterior wall surface
and roof pitch.
[Ord. No. 93-24]
This district provides for employment opportunities in the service
and light manufacturing economic sector as well as the research, management,
administrative and data processing sectors.
[Ord. No. 93-24; Ord. No. 98-7, § 3; Ord. No. 2016-16]
The uses established in such districts shall be confined (except
as hereinafter set forth), to the following, (including combinations
thereof), at an intensity not to exceed the limitations imposed by
the performance standards hereinafter set forth.
a.
General offices for executive, administrative, data processing and
general clerical purposes.
b.
Training and conference facilities, but not including sleeping rooms,
apartments or equivalent short-term resident facility.
c.
Scientific or research laboratories, including incidental pilot plants
in connection therein. All pilot plant equipment shall be housed in
a building.
d.
Fabrication and assembly of products except for any product which
includes substances designated as Class A, B or C explosives under
N.J.A.C. 12:190-2.1 as supplemented, amended or replaced.
e.
Fabrication, warehousing and transportation facilities for finished
products or materials, but not including truck terminals, distribution
centers or transfer stations or depots.
g.
Indoor commercial recreation uses not including movie theatre, cabaret,
casino, or any use wherein serving of food and/or drink is the principal
use.
h.
Catering and event facility providing indoor and outdoor eating and
drinking accommodations, recreation/sports amenities and entertainment
provided said use is located on a lot of 10 acres of greater.
i.
Data centers.
j.
Public and private schools.
k.
Licensed health care, clinical therapy, medical and wellness service
facilities not including overnight or residence facilities.
[Ord. No. 93-24]
Same as specified for subsection 16-16.3.
[Ord. No. 93-24; Ord. No. 03-23 § 9]
Churches, synagogues and other places of worship including resident housing for employees, education/school buildings and any other accessory structures thereto shall be a permitted conditional use subject to the provisions set forth in subsection 16-5.33 of this chapter.
[Ord. No. 93-24]
As specified in the Schedule referenced in Section 16-8.
[Ord. No. 93-24]
a.
In the GI District an industrial/office park may be permitted in
accordance with the following:
1.
In a subdivision, one or more lots may be reduced to 120,000 square
feet in size provided the average lot size of all lots in the subdivision
is five acres or larger.
2.
Required lot width may be reduced by one foot for each 1,000 square
feet of lot area less than 120,000 square feet.
3.
Except for lots fronting Liberty Corner and Mount Bethel Roads, the
required front yard depths may be reduced by one foot for each 1,000
square feet of lot area less than 120,000 square feet.
b.
Where common ownership of land exists in the GI and adjoining residential
zone, the common property owner may develop a portion of the residentially
zoned property in accordance with GI standards subject to the following
conditions and modifications:
1.
All development (buildings, impervious surfaces and the like) must
abut and be as contiguous as reasonably possible with G-I zoned property.
2.
The permitted F.A.R. for the land zoned for residential use (to be
utilized for G-I purposes) shall be equal to 1/3 the permitted F.A.R.
of the G-I district, but in no case shall nonresidential floor area
on land zoned for residential use exceed 100,000 square feet.
3.
The property owner shall dedicate no less than 60% of the residentially
zoned tract for public purposes and further shall grant easements
for public purposes of other portions of the site not developed for
nonresidential use and nonresidential support facilities as reasonably
required by the Planning Board.
4.
No building on nonresidentially zoned property developed in accordance
with the above shall be permitted within 400 feet of the tract boundary
adjoining residential property.
5.
The Planning Board shall give due consideration to the sharing of
facilities by the building to be constructed on the said residentially
zoned property with the adjoining GI zoned property for the purpose
of lessening the intensity of use on the said residentially zoned
property. The Planning Board shall also give due consideration to
reducing the yard requirements between the building to be constructed
upon the said residentially zoned property and the adjoining G-I zoned
property.
[Ord. No. 93-24]
a.
Off-street parking space, together with appropriate access shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 16-24.
b.
Off-street parking space shall be located only in the side and rear
yards, provided, however, that no parking space or associated aisle
or driveway shall be located nearer than 10 feet to any side or rear
lot line, nor shall a parking area be nearer than five feet to any
building, and provided that complete building perimeter parking is
prohibited.
[Ord. No. 93-24]
As specified in Section 16-25.
[Ord. No. 93-24]
a.
Storage. All materials and equipment shall be stored within the confines
of any building(s).
b.
Transition Requirements. A buffer shall be established along the
line of any lot that is contiguous to any residential zone (unless
contiguous zone boundary lines coincide with a Federal or State highway
right-of-way), with a width of at least 25 feet, and further, for
each ten-foot interval or fraction thereof of building height, an
additional five foot width or buffer area shall be required.
[Ord. No. 93-24; Ord. No. 2016-23 § 3]
This district provides employment opportunities along interstate
Route I-78 and the opportunity to provide guest and short term living
accommodations. Uses are limited to office, research and administrative
activities and hotel as conditional uses in the ORH district.
[Ord. No. 93-24; Ord. No. 98-7, § 4]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a.
Scientific research laboratory or other experimental, testing or
research facilities including product development, but not including:
b.
Business offices and professional offices.
c.
Testing laboratories.
d.
Educational-training facility except no site residency (dormitory
or other sleeping facilities) shall be permitted.
[Ord. No. 93-24; Ord. No. 98-17, § 1]
Any accessory use on the same lot customary and incidental to
any use permitted in this district such as, but not necessarily limited
to:
a.
Private garages.
b.
Maintenance and storage buildings, except that no accessory building
used for the storage of hazardous materials shall exceed 200 square
feet in size nor be located closer than 100 feet to any residential
zone boundary or existing developed residential lot.
c.
Staff houses and other accessory uses and buildings as set forth
below:
1.
Such staff house shall be located and erected upon a building site
of at least 65,000 square feet which site shall be no less than 150
feet in width at the front and such staff house shall be set back
75 feet from a street.
2.
No staff house shall have less than 1,500 square feet of floor area,
shall not be higher than 35 feet, and shall have a twenty-five-foot
side and fifty-foot rear yard area.
d.
Cafeteria facilities for the use and the personal convenience of
persons employed on the premises.
e.
Showroom for the limited sale of products to employees only, provided
that the showroom shall be:
f.
A helistop shall be permitted as an accessory use to a principal
user occupying 500,000 square feet or more of floor space subject
to:
1.
A helistop shall mean a facility located at ground level or elevated
on a structure designed for the landing or takeoff of helicopters.
No other aircraft shall be permitted to use a helistop.
2.
A helistop shall provide no support facilities except as required
for license from the New Jersey Department of Transportation and Federal
F.A.A. The license shall be limited to a helistop. All lighting which
may be required shall be used only during arrivals and departures.
3.
Any application for a license to operate a helistop shall conform
in all respects to the requirements of N.J.S.A. 6:1-2, et seq., to
include, but not limited to, public notification and public hearing.
Further, a public hearing pursuant to Warren Township's Land Use Ordinance
shall be required.
4.
No helistop shall be located within 1,000 feet of a residential zone
boundary, and, further, no helistop shall be located more than 300
feet from the Route I-78 right-of-way.
5.
No fueling, repair or aircraft storage shall be permitted at a helistop
site.
6.
A helistop shall be located at least 75 feet from the property boundary
of the lot on which it is located. The helistop pad shall be permitted
in required yard areas as otherwise required for principal and accessory
structures in the OR zone.
7.
An environmental assessment statement shall be submitted in accordance
with the Land Use Procedures Ordinance of Warren Township. The assessment
statement shall specifically address New Jersey Noise Standards.
[Ord. No. 93-24; Ord. No. 95-19; Ord. No.
03-23 § 10; Ord. No. 2016-23 § 4]
a.
Multi-level parking structures shall be allowed as a conditional use in the OR district. The request for the use shall be by application to the Planning Board, with public notice being made by the applicant as required in this chapter. The surface area of the parking structure shall not be included in the calculation of F.A.R. as provided in subsection 16-5.23 of this chapter. The said structures shall be subject to the following requirements and conditions:
1.
Site plan approval by the Planning Board.
2.
No site shall contain less than 25 acres.
3.
A parking deck shall conform to all setback and buffer requirements
as if it were a principal building.
4.
The entire exterior of the parking deck shall be finished in materials
similar or architecturally compatible to those of the principal building.
5.
There shall be no parking on the top of the parking deck (uncovered)
unless parapet walls of identical material and architectural motif
of the parking deck structure are provided around the entire periphery
of the parking deck of sufficient height to conceal from view vehicles
parked thereon from the grade level of all adjoining properties or
roadways. Deck lighting shall be no greater than 18 feet in height
and shall not be visible from adjacent residential lots.
6.
The parking deck shall be reasonably buffered from all municipal,
County, State or Federal roads and adjoining properties by use of
berms, existing topography, landscaping or other site improvements.
7.
The maximum height of the structure, at any point, shall not exceed
30 feet from the finished grade. There shall be no restriction on
parking levels below finished grade.
8.
Each parking level shall have exterior walls of identical material
and architectural motif as that of the principal buildings. If the
parking deck structure is unroofed, a parapet wall of at least five
feet in height measured from the top floor level shall be required.
On all other levels, a parapet wall of no greater than 50% and no
less than 40% of the floor to the ceiling height shall be required.
The purpose of the parapet wall is to shield the view of parked vehicles
on all levels from adjoining properties and streets.
b.
Churches, synagogues and other places of worship including resident housing for employees, education/school buildings and any other accessory structures thereto shall be a permitted conditional use subject to the provisions set forth in subsection 16-5.33 of this chapter.
c.
Hotel and Extended Stay Facilities in the ORH District Only. A use
consisting of a building or group of buildings containing sleeping
rooms for short-term occupancy, as well as restaurants, meeting rooms,
a fitness facility/health center and customary and usual accessory
uses. Any fitness facility/health center shall be restricted to guests
and may be available to the general public on a membership-only basis.
All primary access to rooms shall be through common interior corridors.
A hotel and/or extended stay use shall be subject to the following
requirements:
1.
The minimum lot size shall be 10 acres.
2.
Parking may be permitted in the front yard but no less than 75 feet
from the street provided an earth berm and landscaping and/or fencing
are provided between the parking area and the street.
3.
The building height may be increased to 65 feet or six stories whichever
is ever the lessor.
[Ord. No. 93-24]
As specified in the Schedule referenced in Section 16-8.
[Ord. No. 93-24]
The standards set forth in the Schedule referenced in Section 16-8, Schedule of District Regulations, shall not apply to a public or private road created within existing lots of record located within the OR district wherein said private or public roadway serves to implement the circulation plan element of the Township provided:
a.
No structure or parking area shall be located within 25 feet of the
curb face of a private or public roadway, except that a structure
utilized exclusively for pedestrian access and utility conduit from
one principal building to another building, accessory structure, parking
garage or parking lot may be located above or below the roadway surface
at distances from the roadway surface as approved by the municipal
engineer.
b.
No loading bay or individual parking space shall have direct access
to a public or private roadway created within this section.
c.
No essential services (water supply, sanitary sewer line, electric
line, telephone or gas lines) shall be constructed beneath the paved
surface of a public or private roadway, where a structure or parking
area is located within 50 feet of the curb face of such roadway except
that essential services may be constructed beneath the paved surface
of a public or private roadway where they are perpendicular to the
roadway. In that event, provisions shall be made for continued use
of the roadway in those instances of restoration or repair of said
essential services.
[Ord. No. 93-24]
As specified in Section 16-24.
[Ord. No. 93-24]
As specified in Section 16-25.
[Ord. No. 93-24]
a.
Storage. All materials and equipment shall be stored in completely
enclosed buildings.
b.
Transition Requirements. There shall be established along the line
of any lot that is contiguous to any residential district (unless
the side or rear lot line coincides with a Federal highway), a buffer
area at least 150 feet in width. The buffer area shall consist of
trees, fencing, earthen berm or any combination of same.
[Ord. No. 2017-18 § 3]
a.
Block 114, Lot 22.03 and a portion of Lot 22.04 have been designated
as the "Lindberg Avenue Area Redevelopment Zone District" pursuant
to a Redevelopment Plan entitled "Lindberg Avenue Area (B114 L22.03
& portion of 22.04) Redevelopment Plan", (the "Redevelopment Plan"),
a complete copy of which is on file in the office of the Township
Clerk.
b.
Land Use Plan. The permitted uses and design standards within the
Lindberg Avenue Area Redevelopment Zone District are detailed in the
sections set forth below:
1.
Relationship of Plan to Township Plan Development Regulations. The
standards contained herein shall supersede any zoning standards existing
prior to the adoption of the Redevelopment Plan and shall apply to
any Redevelopment or Rehabilitation project designed to implement
the Redevelopment Plan, whether by a designated redeveloper or by
private property owners. Where these regulations conflict with the
Zoning Ordinance or other design standards, these regulations shall
control. The continued use of existing properties made nonconforming
by the adoption of the Redevelopment Plan is permitted until the Lindberg
Avenue Area Redevelopment District is to be redeveloped or substantially
rehabilitated, at which time the provisions contained, herein shall
apply. If a particular land use or site standard in not covered in
this Redevelopment Plan, compliance with the Warren Township Zoning
Ordinance or other applicable Township codes will be required.
2.
Exceptions to Standards. Variation from the development requirements
and design standards set forth herein may be necessary in certain
limited circumstances, such as building size standards. In such instances,
the Planning Board may grant reasonable exceptions from certain bulk,
parking or design requirements if the designated redeveloper demonstrates
that such design exception(s) will not substantially impair the intent
of the Redevelopment Plan, and will not present a substantial detriment
to the public health, safety and welfare.
To gain approval of such modification or waiver of a development
requirement, the applicant shall demonstrate that the resulting change
will:
(a)
Generally satisfy the Redevelopment Plan's goals and objectives;
(b)
Be designated in accordance with the Township's normally acceptable
engineering, planning and/or architectural practices;
(c)
Not have an adverse impact on the physical, visual or spatial
characteristics of the overall development plan for the Lindberg Avenue
Area Redevelopment Zone District or adjacent or nearby properties;
(d)
Generally enhance the overall development plan for the Lindberg
Avenue Area Redevelopment Zone District;
(e)
Not have an adverse impact on the physical, visual, or spatial
characteristics of the existing streetscape in which such development
is located or of the Redevelopment Plan; and
(f)
Not reduce the useful life or increase the cost of maintenance
of the improvement to be modified or otherwise have an adverse impact
on the long-term function of the development.
Deviations from the uses permitted in the Lindberg Avenue Area
Redevelopment Zone District shall be permitted only by means of an
amendment of this Redevelopment Plan by the Township Committee.
3.
Provisions Related to Rehabilitation. No rehabilitation of buildings
is proposed. The redevelopment site consists of vacant land.
4.
Provisions Related to Off-Site Improvements. The extent of the redeveloper's
responsibility for any installation or upgrade of infrastructure related
to their project, whether on site or off site, will be outlined in
a redeveloper's agreement with the Township Committee. Off-site responsibility
for properties not covered under the redeveloper's agreement will
be determined in the same manner as other development projects throughout
the Township during the permit and/or site plan review phases.
All infrastructure improvements shall comply with applicable
local, state and federal codes including the Americans with Disabilities
Act. All streetscape improvements shall also comply with applicable
standards found in this Redevelopment Plan. All utilities shall be
placed underground, unless otherwise authorized by the Township Committee.
5.
Housing Development District Standards and Use Standards. The objectives
and standards set forth hereafter are designed to implement, in phases,
the Affordable Housing Plan Element. The uses and standards for development
are permitted only within the Lindberg Avenue Area Redevelopment Zone
District as shown on the revised Official Zoning Map.
The intent and purpose of the Lindberg Avenue Area Redevelopment
Zone District is to implement the Affordable Housing Plan Element
of the adopted Master Plan of Warren Township. This subsection provides
for the phased implementation of the zone. The objectives are to provide
and encourage development of housing affordable to low- and moderate-income
households as defined by the New Jersey Fair Housing Act, as well
as middle-income, age-targeted and adult households.
6.
Development Standards and Requirements.
|
Permitted Uses
|
Multi-Family Apartment Buildings
|
|---|---|
|
Housing United Permitted
|
No more than 125 dwelling units shall be permitted
|
|
Minimum Habitable Space income restricted affordable units*
|
Studio/1 bedroom-600 square feet for 2 bedrooms - 725 square
feet 3 bedroom - 825 square feet
|
|
Notes:
| |
|
*
|
Habitable space shall be calculated by measurement of exterior
walls.
|
|
The affordable housing bedroom distribution mix shall be as
per UHAC regulations Section 5:80-26.3
|
|
Maximum Units Per Building
|
24 units/structure
|
|
Maximum Building Height:
|
3 stories/40 feet
|
|
Setbacks:
| |
|
Front Yard from public street
|
25 feet
|
|
Front Yard from private street measured from curb
line
|
10 feet
|
|
Side Yard
|
25 feet
|
|
Rear Yard
|
25 feet
|
|
Parking
|
Development shall meet Residential Site Improvement Standards;
provided, however that a de minimus exception may be granted as per
RSIS at the rate of 1.75 spaces per unit, recognizing that this development
is a 100% affordable project
|
|
Housing Affordability Requirements
|
All units shall be affordable pursuant Section 16-6 of this Chapter (Zoning Ordinance), unless Section 16-6 varies from Section 42 of the Internal Revenue Code relative to Federal Low-Income Tax Housing Credits (as allowed by the Uniform Housing Affordability Controls), in which case, Section 42 of the Internal Revenue Code shall control)
|
|
Accessory Buildings and Uses. Any accessory use on the site
customary and incidental to any use permitted in this district such
as, but not necessarily limited to:
|
7.
Design Standards for Lindberg Avenue Area Redevelopment Zone District.
The general design theme for the Lindberg Avenue Area Redevelopment
Zone District may be colonial, variations of a French provincial and
mansard design. Signage and all other improvements shall be designed
to follow the design theme to the extent possible. The following Design
Standards shall apply to the Lindberg Avenue Area Redevelopment Zone
District, and shall be utilized to carry out the design theme of the
project.
(a)
Applicability. These guidelines and standards shall apply to
the entire development proposal within the Lindberg Avenue Area Redevelopment
Zone District
(b)
General Design Standards.
(1)
All buildings should be designed with an eye toward architectural
detailing that can be unique, and complement the appearance of adjacent
structures.
(2)
Buildings shall have varied and variegated facades. Use of texture
and window variations shall be encouraged.
(3)
Pitched roofs are required.
(4)
Entryways shall give orientation and add aesthetically pleasing
character to the front facade.
(5)
Entrances shall include such features as canopies or porticos,
overhangs, arcades, recesses/projections, raised corniced parapets
over the doors, peaked roof forms and arches.
(c)
Continuity of Treatment. The architectural treatment of a facade
or roof shall be completely continued around all visibly exposed sides
of a building. All sides of a building shall be architecturally designed
so as to be consistent with regard to style, materials, colors and
details. In the instance of multi-story buildings, the architectural
treatment and building materials of the first floor shall be compatible
with upper stories.
(d)
Roof. The type, shape, pitch, texture and color of a roof shall
be considered as an integral part of the design of a building and
shall be architecturally compatible with the style, materials, color
and details of such building. Pitched roofs shall be required. Roofs
and rooflines shall conform to the following standards:
(1)
No flat roof shall be permitted on any building.
(2)
Architectural embellishments that add visual interest to roofs,
such as dormers, belvederes, masonry chimneys and such similar elements
shall be permitted, provided that same are architecturally compatible
with the style, materials, colors and details of the building.
(3)
For all roofs, the minimum permitted roof pitch shall be five
on 12.
(4)
Roofline offsets shall be provided along any roof measuring
longer than 50 feet in length in order to provide architectural interest
and variety to the massing of a building and relieve the negative
visual effect of a single, long roofline.
(e)
Windows. Windows shall be architecturally compatible with the
style, materials, colors and details of a building. Windows shall
be vertically proportioned.
(f)
Doors and Entrances. All entrances to a building shall be defined
and articulated by utilizing such elements as lintels, pediments,
pilasters, porticos, porches, overhangs, railings, balustrades and
other such elements, where appropriate. Any such element utilized
shall be architecturally compatible with the style, materials, colors
and details of such building.
(g)
Physical Plant. All air-conditioning units, HVAC systems, exhaust
pipes or stacks and elevator housing shall be shielded from view.
Such shielding shall be accomplished by utilizing the walls or roof
of the building and be designed to be architecturally compatible with
the style, materials, colors and details of such building.
(h)
Materials, Colors and Details. All materials, colors and details
used on the exterior of a building shall be architecturally compatible
with the style of such building, as well as with each other.
(i)
Shutters. The use of shutters on building facades shall be encouraged.
(j)
Lighting. Light fixtures attached to the exterior of a building
shall be designed to be architecturally compatible with the style,
materials, colors and details of such building and other lighting
fixtures used on the site. Consideration shall also be given to the
type of light source utilized and the light quality such produces.
The type of light source used on buildings, signs, parking area, pedestrian
walkways and other areas of the Lindberg Avenue Area Redevelopment
Zone District shall be the same or compatible. The use of low-pressure
sodium or mercury vapor lighting either attached to buildings or to
light the exterior of buildings shall be prohibited.
(k)
All developers are encouraged to use energy saving materials
and appliances.
8.
Parking Design Standards.
(a)
Provision of parking spaces. The design and number of parking
spaces required per this Redevelopment Plan shall be provided in conformance
with RSIS (N.J.A.C. 5:21-4.14 through 4.16).
(b)
Screening. Where buffers are required in this Redevelopment
Plan, there shall be provided along the exterior lot line of the development
a continuous, year-round planting screen at least six feet in height.
Particular attention shall be paid to adjacent single family homes.
9.
Streetscape/Landscape Design Standards. Interior roadways shall provide
streetscape elements including sidewalk, lampposts, benches, trash
receptacles and planters.
Street trees shall be provided in accordance with all applicable
Township Code requirements.
[Ord. No. 2017-19 § 3]
a.
Block 78, Lot 12 has been designated as the "King George Inn Area
Redevelopment Zone District" pursuant to a Redevelopment Plan entitled
"King George Inn Area (B78 L12) Redevelopment Plan", (the "Redevelopment
Plan"), a complete copy of which is on file in the office of the Township
Clerk.
b.
Land Use Plan. The permitted uses and design standards within the
King George Inn Area Redevelopment Zone District are detailed in the
sections set forth below:
1.
Relationship of Plan to Township Plan Development Regulations. The
standards contained herein shall supersede any zoning standards existing
prior to the adoption of the Redevelopment Plan and shall apply to
any redevelopment or rehabilitation project designed to implement
the Redevelopment Plan, whether by a designated redeveloper or by
private property owners. Where these regulations conflict with the
Zoning Ordinance or other design standards, these regulations shall
control. The continued use of existing properties made nonconforming
by the adoption of the Redevelopment Plan is permitted until the King
George Inn Area Redevelopment Zone District is to be redeveloped or
substantially rehabilitated, at which time the provisions contained
herein shall apply. If a particular land use or site standard in not
covered in this Redevelopment Plan, compliance with the Warren Township
Zoning Ordinance or other applicable Township codes will be required.
2.
Exceptions to Standards. Variation from the development requirements
and design standards set forth herein may be necessary in certain
limited circumstances, such as building size standards. In such instances,
the Planning Board may grant reasonable exceptions from certain bulk,
parking or design requirements if the designated redeveloper demonstrates
that such design exception(s) will not substantially impair the intent
of the Redevelopment Plan, and will not present a substantial detriment
to the public health, safety and welfare.
To gain approval of such modification or waiver of a development
requirement, the applicant shall demonstrate that the resulting change
will:
(a)
Generally satisfy the Redevelopment Plan's goals and objectives;
(b)
Be designated in accordance with the Township's normally acceptable
engineering, planning and/or architectural practices;
(c)
Not have an adverse impact on the physical, visual or spatial
characteristics of the overall development plan for the King George
Inn Area redevelopment Zone District or adjacent or nearby properties;
(d)
Generally enhance the overall development plan for the King
George Inn Area Redevelopment Zone District;
(e)
Not have an adverse impact on the physical, visual, or spatial
characteristics of the existing streetscape in which such development
is located or of the Redevelopment Plan; and
(f)
Not reduce the useful life or increase the cost of maintenance
of the improvement to be modified or otherwise have an adverse impact
on the long-term function of the development.
Deviations from the uses permitted in the King George Inn Area
Redevelopment Zone District shall be permitted only by means of an
amendment of this Redevelopment Plan by the Township Committee.
3.
Provisions Related to Rehabilitation. The Redevelopment Plan does
recognize the fact that there is a pre-existing, non-conforming abandoned/vacant
commercial building located in the redevelopment area, the continued
use, maintenance and improvement of which is not contemplated. No
rehabilitation is contemplated.
4.
Provisions Related to Off-Site Improvements. The extent of the redeveloper's
responsibility for any installation or upgrade of infrastructure related
to their project, whether on-site or off-site, will be outlined in
a redeveloper's agreement with the Township Committee. Off-site responsibility
for properties not covered under the redeveloper's agreement will
be determined in the same manner as other development projects throughout
the Township during the permit and/or site plan review phases.
All infrastructure improvements shall comply with applicable
local, State and Federal codes including the Americans with Disabilities
Act. All streetscape improvements shall also comply with applicable
standards found in this Redevelopment Plan. All utilities shall be
placed underground, unless otherwise authorized by the Township Committee.
5.
Housing Development District Standards and Use Standards. The uses
and standards for development are permitted only within the King George
Inn Area Redevelopment Zone District as shown on the revised Official
Zoning Map.
6.
Development Standards and Requirements.
|
Permitted Uses
|
Condominium Units
|
|---|---|
|
Housing Units Permitted
|
No more than 13 dwelling units shall be permitted and shall
be market rate for sale units only
|
|
Maximum units allowed
|
13 units
|
|
Maximum No. of bedrooms
|
2/unit
|
|
Maximum building height
|
2 stories/35 feet, whichever is less
|
|
Setbacks:
| |
|
Front yard
|
50 feet
|
|
Side yard
|
25 feet
|
|
Rear yard
|
25 feet
|
|
Parking
|
Development shall meet Residential Site Improvement Standards
|
|
Occupancy Preference
|
The Developer shall make all reasonable efforts to provide preference
to Warren residents or to those individuals who work in Warren and
reside elsewhere. These efforts will be detailed in a plan and made
part of the Redevelopment Agreement with the Warren Township Committee,
acting as the "redevelopment entity".
|
7.
Design Standards for King George Inn Area Redevelopment Zone District.
The general design theme for the King George Inn Area Redevelopment
Zone District shall be generally colonial. Buildings, signage and
all other improvements shall be designed to follow a colonial theme
to the extent possible. The following Design Standards shall apply
to the King George Inn Area Redevelopment Zone District, and shall
be utilized to carry out the design theme of the project.
(a)
Applicability. These guidelines and standards shall apply to
all applications for development within the King George Area Redevelopment
Zone District.
(b)
General Design Standards.
(1)
All buildings should be designed with an eye toward architectural
detailing that can be unique, and complement the appearance of adjacent
structures.
(2)
Buildings shall have varied and variegated facades. Use of texture
and window variations shall be encouraged.
(3)
Pitched roofs are required.
(4)
Entryways shall give orientation and add aesthetically pleasing
character to the front facade.
(5)
Entrances shall include such features as canopies or porticos,
overhangs, arcades, recesses/projections, raised corniced parapets
over the doors, peaked roof forms and arches.
(c)
Continuity of Treatment. The architectural treatment of a facade
or roof shall be completely continued around all visibly exposed sides
of a building. All sides of a building shall be architecturally designed
so as to be consistent with regard to style, materials, colors and
details. In the instance of multi-story buildings, the architectural
treatment and building materials of the first floor shall be compatible
with upper stories.
(d)
Roof. The type, shape, pitch, texture and color of a roof shall
be considered as an integral part of the design of a building and
shall be architecturally compatible with the style, materials, color
and details of such building. Pitched roofs shall be required. Roofs
and rooflines shall conform to the following standards:
(1)
No flat roof shall be permitted on any building.
(2)
Mansard roofs shall not be permitted.
(3)
Architectural embellishments that add visual interest to roofs,
such as dormers, belvederes, masonry chimneys and such similar elements
shall be permitted, provided that same are architecturally compatible
with the style, materials, colors and details of the building.
(4)
For all roofs, the minimum permitted roof pitch shall be seven
on 12.
(5)
Roofline offsets shall be provided along any roof measuring
longer than 50 feet in length in order to provide architectural interest
and variety to the massing of a building and relieve the negative
visual effect of a single, long roofline.
(e)
Windows. Windows shall be architecturally compatible with the
style, materials, colors and details of a building. Windows shall
be vertically proportioned.
(f)
Doors and Entrances. All entrances to a building shall be defined
and articulated by utilizing such elements as lintels, pediments,
pilasters, porticos, porches, overhangs, railings, balustrades and
other such elements, where appropriate. Any such element utilized
shall be architecturally compatible with the style, materials, colors
and details of such building.
(g)
Physical Plant. All air-conditioning units, HVAC systems, exhaust
pipes or stacks and elevator housing shall be shielded from view.
Such shielding shall be accomplished by utilizing the walls or roof
of the building and be designed to be architecturally compatible with
the style, materials, colors and details of such building.
(h)
Materials, Colors and Details. All materials, colors and details
used on the exterior of a building shall be architecturally compatible
with the style of such building, as well as with each other.
(i)
Shutters. The use of shutters on building facades shall be encouraged.
(j)
Lighting. Light fixtures attached to the exterior of a building
shall be designed to be architecturally compatible with the style,
materials, colors and details of such building and other lighting
fixtures used on the site. Consideration shall also be given to the
type of light source utilized and the light quality such produces.
The type of light source used on buildings, signs, parking area, pedestrian
walkways and other areas of the King George Inn Area Redevelopment
Zone District shall be the same or compatible. The use of low-pressure
sodium or mercury vapor lighting either attached to buildings or to
light the exterior of buildings shall be prohibited.
(k)
All buildings shall have a basement.
(l)
All units are encouraged to be equipped with Energy Star certified
appliances and utilities and further, the redeveloper is encouraged
to advance and/or achieve LEED standards and/or certification.
8.
Parking Design Standards.
(a)
Provision of parking spaces. The design and number of parking
spaces required per this Redevelopment Plan shall be provided in conformance
with RSIS (N.J.A.C. 5:21-4.14 through 4.16).
(b)
Screening. Where buffers are required in this Redevelopment
Plan, there shall be provided along the exterior lot line of the development
a continuous, year-round planting screen at least six feet in height.
9.
Streetscape/Landscape Design Standards. Interior roadways shall provide
streetscape elements including sidewalk, lampposts, benches, trash
receptacles and planters.
Street trees shall be provided in accordance with all applicable
Township Code requirements.
[Ord. No. 2017-20 § 3]
a.
Block 88.04, Lot 15 has been designated as the "Flag Plaza Area Redevelopment
Zone District" pursuant to a Redevelopment Plan entitled "Flag Plaza
Area (B88.04 L15) Redevelopment Plan", (the "Redevelopment Plan"),
a complete copy of which is on file in the office of the Township
Clerk.
b.
Land Use Plan. The permitted uses and design standards within the
Flag Plaza Area Redevelopment Zone District are detailed in the sections
set forth below:
1.
Relationship of Plan to Township Plan Development Regulations. The
standards contained herein shall supersede any zoning standards existing
prior to the adoption of the Redevelopment Plan and shall apply to
any redevelopment or rehabilitation project designed to implement
this Redevelopment Plan, whether by a designated redeveloper or by
private property owners. Where regulations of this redevelopment Plan
conflict with the Zoning Ordinance or design standards, this Redevelopment
Plan shall control. The continued use of existing properties made
nonconforming by the adoption of the Redevelopment Plan is permitted
until the Flag Plaza Area Redevelopment District is to be redeveloped
or substantially rehabilitated, at which time the provisions contained
herein shall apply. If a particular land use or site standard in not
covered in this Redevelopment Plan, compliance with the Warren Township
Zoning Ordinance or other applicable Township codes will be required.
2.
Exceptions to Standards. Variation from the development requirements
and design standards set forth herein may be necessary in certain
limited circumstances, such as building size standards. In such instances,
the Planning Board may grant reasonable exceptions from certain bulk,
parking or design requirements if the designated redeveloper demonstrates
that such design exception(s) will not substantially impair the intent
of the Redevelopment Plan, and will not present a substantial detriment
to the public health, safety and welfare.
To gain approval of such modification or waiver of a development
requirement, the applicant shall demonstrate that the resulting change
will:
(a)
Generally satisfy the Redevelopment Plan's goals and objectives;
(b)
Be designated in accordance with the Township's normally acceptable
engineering, planning and/or architectural practices;
(c)
Not have an adverse impact on the physical, visual or spatial
characteristics of the overall development plan for the Flag Plaza
Area Redevelopment Zone District or adjacent or nearby properties;
(d)
Generally enhance the overall development plan for the Flag
Plaza Area Redevelopment Zone District;
(e)
Not have an adverse impact on the physical, visual, or spatial
characteristics of the existing streetscape in which such development
is located or of the Redevelopment Plan; and
(f)
Not reduce the useful life or increase the cost of maintenance
of the improvement to be modified or otherwise have an adverse impact
on the long-term function of the development.
Deviations from the uses permitted in the Flag Plaza Area Redevelopment
Zone District shall be permitted only by means of an amendment of
this Redevelopment Plan by the Township Committee.
3.
Provisions Related to Rehabilitation. The Redevelopment Plan does
recognize the fact that there are existing buildings, the continued
use, maintenance and minor improvement of which may be necessary and/or
an improvement to the area, although said maintenance and minor improvement
may be inconsistent with the goals, objectives and design standards
of the area. In the case where deviations from bulk standards and/or
design standards are sought for maintenance and minor improvements
to an existing building or property containing such, the authority
for granting or denying deviations from bulk and/or design standards
herein shall be vested in the Board.
4.
Provisions Related to Off-Site Improvements. The extent of the redeveloper's
responsibility for any installation or upgrade of infrastructure related
to their project, whether on-site or off-site, will be outlined in
a redeveloper's agreement with the Township Committee. Off-site responsibility
for properties not covered under the redeveloper's agreement will
be determined in the same manner as other development projects throughout
the Township during the permit and/or site plan review phases.
All infrastructure improvements shall comply with applicable
local, State and Federal codes including the Americans with Disabilities
Act. All streetscape improvements shall also comply with applicable
standards found in this Redevelopment Plan. All utilities shall be
placed underground, unless otherwise authorized by the Township Committee.
5.
Housing Development District Standards and Use Standards. The objectives
and standards set forth hereafter are designed to implement, in phases,
the Affordable Housing Plan Element. The uses and standards for development
are permitted only within the Flag Plaza Area Redevelopment Zone District
as shown on the revised Official Zoning Map.
The intent and purpose of the Flag Plaza Area Redevelopment
Zone District is to implement the Affordable Housing Plan Element
of the adopted Master Plan of Warren Township. This subsection provides
for the phased implementation of the zone. The objectives are to provide
and encourage development of housing affordable to low- and moderate-income
households as defined by the New Jersey Fair Housing Act, as well
as middle-income, age-targeted and adult households.
6.
Development Standards and Requirements.
[Amended 4-11-2019 by Ord. No. 19-11]
|
Permitted Uses
|
All uses permitted in the CB Zone Section 15-13.2 Apartments
|
|---|---|
|
Housing Units Permitted
|
No more than 44 dwelling units shall be permitted of which 20
shall be affordable rental units
|
|
Minimum Habitable Space income restricted affordable units*
|
Studio/1 bedroom-425 square feet for
|
|
2 bedroom - 650 square feet
| |
|
3 bedroom - 750 square feet
|
|
Notes:
| |
|
*
|
Habitable space shall be calculated by measurement of exterior
walls.
|
|
The affordable housing bedroom distribution mix shall be as
per UHAC regulations Section 5:80-26.3
| |
|
Maximum Units Per Building
|
24 units/structure
|
|
Maximum No. of Bedrooms for Market Rate Units
|
2/unit
|
|
Maximum No. of Bedrooms for Affordable Units
|
3/unit
|
|
Maximum Building Height
|
2 stories/35 feet, whichever is less for mixed use (residential
and nonresidential) building
|
|
3 stories/35 feet (whichever is less for residential apartment
building), measured from first floor elevation
| |
|
Setbacks:
| |
|
Front Yard
|
50 feet
|
|
Side Yard
|
25 feet
|
|
Rear Yard
|
25 feet
|
|
Parking
|
As required by Section 16-24.4 of the Zoning Ordinance of Warren Township for nonresidential portion of project shall apply; RSIS for residential portion of project shall apply
|
|
Housing Affordability Requirements
|
20 rental units shall be affordable pursuant to Section 16-6 of this Chapter (Zoning Ordinance)
|
7.
Design Standards for Flag Plaza Area Redevelopment Zone District.
The general design theme for the Flag Plaza Area Redevelopment Zone
District shall be generally variations of colonial, French provincial
and mansard design. Signage and all other improvements shall be designed
to follow a Colonial theme to the extent possible. The following Design
Standards shall apply to the Flag Plaza Area Redevelopment Zone District,
and shall be utilized to carry out the design theme of the project.
(a)
Applicability. These guidelines and standards shall apply to
all applications for development within the Flag Plaza Area Redevelopment
Zone District.
(b)
General Design Standards.
(1)
All buildings should be designed with an eye toward architectural
detailing that can be unique, and complement the appearance of adjacent
structures.
(2)
Buildings shall have varied and variegated facades. Use of texture
and window variations shall be encouraged.
(3)
Pitched roofs are required.
(4)
Buildings greater than one story in height are strongly encouraged
(subject to maximum height requirement).
(5)
Entryways shall give orientation and add aesthetically pleasing
character to the front facade.
(6)
Entrances shall include such features as canopies or porticos,
overhangs, arcades, recesses/projections, raised corniced parapets
over the doors, peaked roof forms and arches.
(c)
Continuity of Treatment. The architectural treatment of a facade
or roof shall be completely continued around all visibly exposed sides
of a building. All sides of a building shall be architecturally designed
so as to be consistent with regard to style, materials, colors and
details. In the instance of multi-story buildings, the architectural
treatment and building materials of the first floor shall be compatible
with upper stories.
(d)
Roof. The type, shape, pitch, texture and color of a roof shall
be considered as an integral part of the design of a building and
shall be architecturally compatible with the style, materials, color
and details of such building. Pitched roofs shall be required. Roofs
and rooflines shall conform to the following standards:
(1)
No flat roof shall be permitted on any building.
(2)
Mansard roofs shall be discouraged.
(3)
Architectural embellishments that add visual interest to roofs,
such as dormers, belvederes, masonry chimneys and such similar elements
shall be permitted, provided that same are architecturally compatible
with the style, materials, colors and details of the building.
(4)
For all roofs, the minimum permitted roof pitch shall be five
on 12.
(5)
Roofline offsets shall be provided along any roof measuring
longer than 50 feet in length in order to provide architectural interest
and variety to the massing of a building and relieve the negative
visual effect of a single, long roofline. If existing building(s)
are being rehabilitated on exterior wall only, the foregoing shall
not apply.
(e)
Windows. Windows shall be architecturally compatible with the
style, materials, colors and details of a building. Windows shall
be vertically proportioned.
(f)
Doors and Entrances. All entrances to a building shall be defined
and articulated by utilizing such elements as lintels, pediments,
pilasters, porticos, porches, overhangs, railings, balustrades and
other such elements, where appropriate. Any such element utilized
shall be architecturally compatible with the style, materials, colors
and details of such building.
(g)
Physical Plant. All air-conditioning units, HVAC systems, exhaust
pipes or stacks and elevator housing shall be shielded from view.
Such shielding shall be accomplished by utilizing the walls or roof
of the building and be designed to be architecturally compatible with
the style, materials, colors and details of such building. If systems
are ground mounted, landscaping and fencing shall be required for
visual screen.
(h)
Materials, Colors and Details. All materials, colors and details
used on the exterior of a building shall be architecturally compatible
with the style of such building, as well as with each other.
(i)
Shutters. The use of shutters on building facades shall be encouraged.
(j)
Lighting. Light fixtures attached to the exterior of a building
shall be designed to be architecturally compatible with the style,
materials, colors and details of such building and other lighting
fixtures used on the site. Consideration shall also be given to the
type of light source utilized and the light quality such produces.
The type of light source used on buildings, signs, parking area, pedestrian
walkways and other areas of the Flag Plaza Area Redevelopment Zone
District shall be the same or compatible. The use of low-pressure
sodium or mercury vapor lighting either attached to buildings or to
light the exterior of buildings shall be prohibited.
(k)
All units shall, at a minimum, be equipped with Energy Star
certified appliances and utilities and further, the redeveloper is
encouraged to advance and/or achieve LEED standards and/or certification.
8.
Parking Design Standards.
(a)
Provision of parking spaces. The design and number of parking spaces required per this Redevelopment Plan shall be provided in conformance with subsection 16-24.4 of the Zoning Ordinance of Warren Township. Each market rate unit shall have at least one garage parking space.
(b)
Screening. Evergreen planting shall be required to buffer multi-family
use from adjacent single-family home(s).
9.
Streetscape/Landscape Design Standards. Interior driveways and traffic
aisles shall provide streetscape elements including sidewalk, lampposts,
benches, receptacles and planters.
[Ord. No. 2017-21 § 3]
a.
Block 78, Lots 15.01 & 15.02 have been designated as the "Mt.
Bethel Area Redevelopment Zone District" pursuant to a Redevelopment
Plan entitled "Mt. Bethel Area (B78 L15.01 & 15.02) Redevelopment
Plan", (the "Redevelopment Plan"), a complete copy of which is on
file in the office of the Township Clerk.
b.
Land Use Plan. The permitted uses and design standards within the
Mt. Bethel Area Redevelopment Zone District are detailed in the sections
set forth below:
1.
Relationship of Plan to Township Plan Development Regulations. The
standards contained herein shall supersede any zoning standards existing
prior to the adoption of the Redevelopment Plan and shall apply to
any redevelopment or rehabilitation project designed to implement
this Redevelopment Plan, whether by a designated redeveloper or by
private property owners. Where regulations of this Redevelopment Plan
conflict with the Zoning Ordinance or design standards, this Redevelopment
Plan shall control. The continued use of existing properties made
nonconforming by the adoption of the Redevelopment Plan is permitted
until the Mt. Bethel Area Redevelopment District is to be redeveloped
or substantially rehabilitated, at which time the provisions contained
herein shall apply. If a particular land use or site standard is not
covered in this Redevelopment Plan, compliance with the Warren Township
Zoning Ordinance or other applicable Township codes will be required.
2.
Exceptions to Standards. Variation from the development requirements
and design standards set forth herein may be necessary in certain
limited circumstances, such as building size standards. In such instances,
the Planning Board may grant reasonable exceptions from certain bulk,
parking or design requirements if the designated redeveloper demonstrates
that such design exception(s) will not substantially impair the intent
of the Redevelopment Plan, and will not present a substantial detriment
to the public health, safety and welfare.
To gain approval of such modification or waiver of a development
requirement, the applicant shall demonstrate that the resulting change
will:
(a)
Generally satisfy the Redevelopment Plan's goals and objectives;
(b)
Be designated in accordance with the Township's normally acceptable
engineering, planning and/or architectural practices;
(c)
Not have an adverse impact on the physical, visual or spatial
characteristics of the overall development plan for the Mt. Bethel
Area Redevelopment Zone District or adjacent or nearby properties;
(d)
Generally enhance the overall development plan for the Mt. Bethel
Area Redevelopment Zone District;
(e)
Not have an adverse impact on the physical, visual, or spatial
characteristics of the existing streetscape in which such development
is located or of the Redevelopment Plan; and
(f)
Not reduce the useful life or increase the cost of maintenance
of the improvement to be modified or otherwise have an adverse impact
on the long-term function of the development.
Deviations from the uses permitted in the Mt. Bethel Area Redevelopment
Zone District shall be permitted only by means of an amendment of
this Redevelopment Plan by the Township Committee.
3.
Provisions Related to Rehabilitation. No rehabilitation is contemplated
in the Mt. Bethel Road Redevelopment District.
4.
Provisions Related to Off-Site Improvements. The extent of the redeveloper's
responsibility for any installation or upgrade of infrastructure related
to their project, whether on-site or off-site, will be outlined in
a redeveloper's agreement with the Township Committee. Off-site responsibility
for properties not covered under the redeveloper's agreement will
be determined in the same manner as other development projects throughout
the Township during the permit and/or site plan review phases.
All infrastructure improvements shall comply with applicable
local, State and Federal codes including the Americans with Disabilities
Act. All streetscape improvements shall also comply with applicable
standards found in this Redevelopment Plan. All utilities shall be
placed underground, unless otherwise authorized by the Township Committee.
5.
Housing Development District Standards and Use Standards. The objectives
and standards set forth hereafter are designed to implement, in phases,
the Affordable. Housing Plan Element. The uses and standards for development
are permitted only within the Mt. Bethel Area Redevelopment Zone District
as shown on the revised Official Zoning Map.
The intent and purpose of the Mt. Bethel Area Redevelopment
Zone District is to implement the Affordable Housing Plan Element
of the adopted Master Plan of Warren Township. This subsection provides
for the phased implementation of the zone. The objectives are to provide
and encourage development of housing affordable to low- and moderate-income
households as defined by the New Jersey Fair Housing Act, as well
as middle-income, age-targeted and adult households.
6.
Development Standards and Requirements.
[Amended 4-11-2019 by Ord. No. 19-11]
|
Permitted Uses
|
Side by side semi-attached units
|
|
Town home
| |
|
Apartments where units may be designed to be one above one another
| |
|
Accessory uses
|
Patios, balconies, decks
|
|
Fences and walls
| |
|
Signs
| |
|
Stormwater facilities
| |
|
Pump stations
| |
|
Garbage corrals
| |
|
Common recreational facilities
| |
|
Housing Units Permitted
|
Nor more than 106 dwelling units shall be permitted of which
25 shall be affordable rental units
|
|
Minimum Habitable Space for income restricted affordable units*
|
1 bedroom - 700 square feet
|
|
2 bedroom - 770 square feet
| |
|
3 bedroom - 875 square feet
|
|
Notes:
| |
|
*
|
Habitable space shall not include garage, unfinished attic and
basement floor space whether finished or not. Habitable space shall
be calculated using outside wall dimensions.
The affordable housing bedroom distribution mix shall be as
per UHAC regulations Section 5:80-26.3.
Market rate units shall provide first floor master bedroom for
no less than 50% of all market rate units.
|
|
Minimum/Maximum Units Per Building
|
2/8 units/structure
|
|
Maximum No. of Bedrooms/Units
|
3/unit
|
|
Maximum Building Height
|
2 stories/35 feet (whichever is less) measured from the first
floor elevation
|
|
Minimum Setbacks:
| |
|
Front Yard from Mt. Bethel Road
|
50 feet
|
|
Front yard from Private Street
|
20 feet (curbline)
|
|
Side Yard
|
25 feet
|
|
Rear Yard
|
25 feet
|
|
Parking
|
Development shall meet RSIS standards and further, each market
rate dwelling unit shall have a garage
|
|
Housing Affordability
|
25 units shall be affordable requirements pursuant to Section 16-6 of this Chapter (Zoning Ordinance)
|
7.
Design Standards for Mt. Bethel Area Redevelopment Zone District.
The general design theme for the Mt. Bethel Area Redevelopment Zone
District shall be generally variations of traditional theme. Buildings,
signage and all other improvements shall be designed to follow a project
design theme to the extent possible. The following Design Standards
shall apply to the Mt. Bethel Area Redevelopment Zone District, and
shall be utilized to carry out the design theme of the project.
(a)
Applicability. These guidelines and standards shall apply to
all applications for development within the Flag Plaza Area Redevelopment
Zone District.
(b)
General Design Standards.
(1)
All buildings should be designed with an eye toward architectural
detailing that can be unique, and complement the appearance of adjacent
structures.
(2)
Buildings shall have varied and variegated facades. Use of texture
and window variations shall be encouraged.
(3)
Pitched roofs are required.
(4)
Buildings greater than one story in height are strongly encouraged
(subject to maximum height requirement).
(5)
Entryways shall give orientation and add aesthetically pleasing
character to the front facade.
(6)
Entrances shall include such features as canopies or porticos,
overhangs, arcades, recesses/projections, raised corniced parapets
over the doors, peaked roof forms and arches.
(c)
Continuity of Treatment. The architectural treatment of a facade
or roof shall be completely continued around all visibly exposed sides
of a building. All sides of a building shall be architecturally designed
so as to be consistent with regard to style, materials, colors and
details. In the instance of multi-story buildings, the architectural
treatment and building materials of the first floor shall be compatible
with upper stories.
(e)
Roof. The type, shape, pitch, texture and color of a roof shall
be considered as an integral part of the design of a building and
shall be architecturally compatible with the style, materials, color
and details of such building. Pitched roofs shall be required. Roofs
and rooflines shall conform to the following standards:
(1)
No flat roof shall be permitted as the main roof on any building.
(2)
Mansard roofs shall be discouraged.
(3)
Architectural embellishments that add visual interest to roofs,
such as dormers, belvederes, masonry chimneys and such similar elements
shall be permitted, provided that same are architecturally compatible
with the style, materials, colors and details of the building.
(4)
For all main roofs, the minimum permitted roof pitch shall be
seven on 12.
(5)
Roofline offsets shall be provided along any roof measuring
longer than 50 feet in length in order to provide architectural interest
and variety to the massing of a building and relieve the negative
visual effect of a single, long roofline. If existing building(s)
are being rehabilitated on exterior wall only, the foregoing shall
not apply.
(f)
Windows. Windows shall be architecturally compatible with the
style, materials, colors and details of a building. Windows shall
be vertically proportioned.
(g)
Doors and Entrances. All primary entrances to a building shall
be defined and articulated by utilizing such elements as lintels,
pediments, pilasters, porticos, porches, overhangs, railings, balustrades
and other such elements, where appropriate. Any such element utilized
shall be architecturally compatible with the style, materials, colors
and details of such building.
(h)
Physical Plant. All air-conditioning units, HVAC systems, exhaust
pipes or stacks and elevator housing shall be shielded from view.
Such shielding shall be accomplished by utilizing landscaping or the
walls or roof of the building and be designed to be architecturally
compatible with the style, materials, colors and details of such building.
If systems are ground mounted, landscaping and fencing shall be required
for visual screen.
(i)
Materials, Colors and Details. All materials, colors and details
used on the exterior of a building shall be architecturally compatible
with the style of such building, as well as with each other.
(j)
Shutters. The use of shutters on building facades shall be encouraged.
(k)
Lighting. Light fixtures attached to the exterior of a building
shall be designed to be architecturally compatible with the style,
materials, colors and details of such building and other lighting
fixtures used on the site. Consideration shall also be given to the
type of light source utilized and the light quality such produces.
The type of light source used on buildings, signs, parking area, pedestrian
walkways and other areas of the Mt. Bethel Area Redevelopment Zone
District shall be the same or compatible. The use of low-pressure
sodium or mercury vapor lighting either attached to buildings or to
light the exterior of buildings shall be prohibited.
(l)
All market rate buildings shall have a basement and access to
the individual basement for each market rate unit in the building.
(m)
All units shall, at a minimum, be equipped with Energy Star
certified appliances and utilities and further, the redeveloper is
encouraged to advance and/or achieve LEED standards and/or certification.
8.
Parking Design Standards.
(a)
Provision of parking spaces. The design and number of parking
spaces required per this Redevelopment Plan shall be provided in conformance
with RSIS (N.J.A.C. 5:21-4.14 through 4.16). Each market rate unit
shall have at least one garage parking space.
(b)
Screening. Where buffers are required in the Redevelopment Plan,
there shall be provided along the exterior lot line of the development
a continuous, year-round planting screen at least six feet in height.
9.
Streetscape/Landscape Design Standards. Interior roadways shall provide
streetscape elements including sidewalks and lampposts.
Street trees shall be provided in accordance with all applicable
Township Code requirements.
[Ord. No. 2017-25 § 3]
a.
Block 71, Lot 37.01 has been designated as the "Mt. Horeb & Mt.
Bethel Roads Area Redevelopment Zone District" pursuant to a Redevelopment
Plan entitled "Mt. Horeb & Mt. Bethel Roads Area (B71 L37.01)
Redevelopment Plan", (the "Redevelopment Plan"), a complete copy of
which is on file in the office of the Township Clerk.
b.
Land Use Plan. The permitted uses and design standards within the
Mt. Horeb & Mt. Bethel Roads Area Redevelopment Zone District
are detailed in the sections set forth below:
1.
Relationship of Plan to Township Plan Development Regulations. The
standards contained herein shall supersede any zoning standards existing
prior to the adoption of the Redevelopment Plan and shall apply to
any redevelopment or rehabilitation project designed to implement
this Redevelopment Plan, whether by a designated redeveloper or by
private property owners. Where regulations of this Redevelopment Plan
conflict with the Zoning Ordinance or design standards, this Redevelopment
Plan shall control. The continued use of existing properties made
nonconforming by the adoption of the Redevelopment Plan is permitted
until the Mt. Horeb & Mt. Bethel Roads Area Redevelopment District
is to be redeveloped or substantially rehabilitated, at which time
the provisions contained herein shall apply. If a particular land
use or site standard in not covered in this Redevelopment Plan, compliance
with the Warren Township Zoning Ordinance or other applicable Township
codes will be required.
2.
Exceptions to Standards. Variation from the development requirements
and design standards set forth herein may be necessary in certain
limited circumstances, such as building size standards. In such instances,
the Planning Board may grant reasonable exceptions from certain bulk,
parking or design requirements if the designated redeveloper demonstrates
that such design exception(s) will not substantially impair the intent
of the Redevelopment Plan, and will not present a substantial detriment
to the public health, safety and welfare.
To gain approval of such modification or waiver of a development
requirement, the applicant shall demonstrate that the resulting change
will:
(a)
Generally satisfy the Redevelopment Plan's goals and objectives;
(b)
Be designated in accordance with the Township's normally acceptable
engineering, planning and/or architectural practices;
(c)
Not have an adverse impact on the physical, visual or spatial
characteristics of the overall development plan for the Mt. Horeb
& Mt. Bethel Roads Area Redevelopment Zone District or adjacent
or nearby properties;
(d)
Generally enhance the overall development plan for the Mt. Horeb
& Mt. Bethel Roads Area Redevelopment Zone District;
(e)
Not have an adverse impact on the physical, visual, or spatial
characteristics of the existing streetscape in which such development
is located or of the Redevelopment Plan; and
(f)
Not reduce the useful life or increase the cost of maintenance
of the improvement to be modified or otherwise have an adverse impact
on the long-term function of the development.
Deviations from the uses permitted in the Mt. Horeb & Mt.
Bethel Roads Area Redevelopment Zone District shall be permitted only
by means of an amendment of this Redevelopment Plan by the Township
Committee.
3.
Provisions Related to Rehabilitation. The Redevelopment Plan does
recognize the fact that there are pre-existing, non-conforming single-family,
and possibly two-family, dwellings in the Mt. Horeb & Mt. Bethel
Roads Area Redevelopment Zone District, as well as nonresidential
industrial buildings, the continued use, maintenance and minor improvement
of which may be necessary and/or an improvement to the area, although
said maintenance and minor improvement may be inconsistent with the
goals, objectives and design standards of the area. In the case where
deviations from bulk standards and/or design standards are sought
for maintenance and minor improvements to an existing building or
property containing such, the authority for granting or denying deviations
from bulk and/or design standards herein shall be vested in the Board.
4.
Provisions Related to Off-Site Improvements. The extent of the redeveloper's
responsibility for any installation or upgrade of infrastructure related
to their project, whether on-site or off-site, will be outlined in
a redeveloper's agreement with the Township Committee. Off-site responsibility
for properties not covered under the redeveloper's agreement will
be determined in the same manner as other development projects throughout
the Township during the permit and/or site plan review phases.
All infrastructure improvements shall comply with applicable
local, State and Federal codes including the Americans with Disabilities
Act. All streetscape improvements shall also comply with applicable
standards found in this Redevelopment Plan. All utilities shall be
placed underground, unless otherwise authorized by the Township Committee.
5.
Housing Development District Standards and Use Standards. The objectives
and standards set forth hereafter are designed to implement, in phases,
the Affordable Housing Plan Element. The uses and standards for development
are permitted only within the Mt. Horeb & Mt. Bethel Roads Area
Redevelopment Zone District as shown on the revised Official Zoning
Map.
The intent and purpose of the Mt. Horeb & Mt. Bethel Roads
Area Redevelopment Zone District is to implement the Affordable Housing
Plan Element of the adopted Master Plan of Warren Township. This subsection
provides for the phased implementation of the zone. The objectives
are to provide and encourage development of housing affordable to
low- and moderate-income households as defined by the New Jersey Fair
Housing Act, as well as middle-income, age-targeted and adult households.
6.
Development Standards and Requirements.
|
Permitted Uses
|
Multi-Family Apartment Buildings
|
|---|---|
|
Housing Units Permitted
|
No more than 36 dwelling units shall be permitted of which 12
shall be affordable rental units
|
|
Minimum Habitable Space for income restricted affordable units*
|
Studio/1 bedroom — 600 square feet
|
|
2 bedroom — 700 square feet
| |
|
3 bedroom — 750 square feet
|
|
*
|
Habitable space shall be calculated by measurement of exterior
walls.
|
|
The affordable housing bedroom distribution mix shall be as
per UHAC regulations Section 5:80-26.3.
|
|
Maximum Units Per Building
|
36 units/structure
|
|
Maximum No. of Bedrooms for Market Rate Units
|
2/unit
|
|
Maximum Building Height
|
3 stories/35 feet (whichever is less) measured from first floor
elevation
|
|
Setbacks:
| |
|
Front Yard
|
50 feet
|
|
Side Yard
|
25 feet
|
|
Rear Yard
|
25 feet
|
|
Parking
|
Development shall meet RSIS and, each market rate dwelling unit
shall have its own garage
|
|
Housing Affordability Requirements
|
12 units shall be affordable pursuant to Section 16-6 of this Chapter (Zoning Ordinance)
|
|
Occupancy Preference
|
The Developer shall make all reasonable efforts to provide preference
to Warren residents or to those individuals who work in Warren and
reside elsewhere. These efforts will be detailed in a plan and made
part of the Redevelopment Agreement with the Warren Township Committee,
acting as the "redevelopment entity".
|
7.
Parking Design Standards.
(a)
Provision of parking spaces. The design and number of parking
spaces required per this Redevelopment Plan shall be provided in conformance
with Residential Site Improvement Standards (N.J.A.C. 5:21-4.14 through
4.16). Each market rate unit shall have at least one garage parking
space.
(b)
Screening. Where buffers are required in this Redevelopment
Plan, there shall be provided along the exterior lot line of the development
a continuous, year-round planting screen at least six feet in height.
8.
Streetscape/Landscape
Design Standards. Interior roadways shall provide streetscape elements
including sidewalk, lampposts, benches, trash receptacles and planters.
Street trees shall be provided in accordance with applicable
Township requirements.
[Added 2-28-2019 by Ord.
No. 19-07]
a.
The objectives and standards set forth hereafter are designated to
implement the Housing and Affordable Housing Plan Element. The uses
and standards for development are permitted only within the AH-1 Zone
as shown on the revised Official Zoning Map attached hereto as Exhibit
A.[1]
[1]
Editor's Note: Said exhibit is on file in the Township offices.
b.
The intent and purpose is to implement the Affordable Housing Plan
Element of the adopted Master Plan of Warren Township. This section
provides for the phased implementation of the zone. The objectives
are to provide and encourage development of housing affordable to
low- and moderate-income households as defined by the New Jersey Fair
Housing Act, as well as middle-income, age-targeted and adult households.
|
a.
|
Permitted uses
|
Side-by-side attached units commonly called a townhouse
|
|
Multifamily dwellings, which shall include stacked townhouses
in which 2 or more dwelling units are included in a building section
with the dwelling units in a section separated from each other by
vertical and/or horizontal walls and each dwelling unit having a separate
entrance
| ||
|
Apartments where units may be designed to be 1 above another
| ||
|
b.
|
Accessory uses
|
Patios, balconies, decks
|
|
Fences and walls
Signs
| ||
|
Stormwater facilities
| ||
|
Pump stations
| ||
|
Refuse corrals
| ||
|
Common recreational facilities
| ||
|
c.
|
Housing units Permitted
|
No more than 192 dwelling units shall be permitted, of of which
48 shall be affordable units
|
|
d.
|
Minimum habitable space for income-restricted affordable units*
|
1-bedroom: 700 square feet
|
|
2-bedroom: 750 square feet
| ||
|
3-bedroom: 1,200 square feet
| ||
|
*Habitable space shall not include garage, unfinished attic
and basement floor space whether finished or not. Habitable space
shall be calculated using outside wall dimensions. The affordable
housing bedroom distribution mix shall be as per UHAC regulations,
N.J.A.C. 5:80-26.3.
| ||
|
e.
|
Minimum/maximum units
|
8/18
|
|
f.
|
Maximum number of bedrooms per unit
|
3/unit
|
|
g.
|
Maximum average habitable unit floor area
|
Townhome unit: 2,200 square feet
|
|
Apartment unit: 2,200 square feet
| ||
|
h.
|
Maximum building height
|
3 stories/40 feet (whichever is less), measured from average
finished grade
|
|
i.
|
Minimum building setback
| |
|
Tract boundary
|
50 feet
| |
|
(Tract includes land located in the Township of Berkeley Heights)
| ||
|
Front yard from Hillcrest Road and Emerson Lane
|
50 feet
| |
|
Front yard from private street
|
20 feet (curbline)
| |
|
Side yard
|
25 feet
| |
|
Rear yard
|
25 feet
| |
|
j.
|
Lot coverage.
| |
|
Maximum building coverage
|
20%
| |
|
Maximum total impervious coverage
|
40%
| |
|
k.
|
Parking standards
|
Development shall meet Residential Site Improvement Standards
(RSIS) and each market rate dwelling unit shall have a garage
|
|
l.
|
Signage
|
Development ID permitted at entrances. ID sign face shall have
maximum area of 25 square feet and height of no greater than 5 feet.
Sign shall be no less than 10 feet from public right-of-way
|
|
m.
|
Buffer
|
A fifty-foot buffer coinciding with the tract boundary and all land in Berkeley Heights shall remain in its natural state, as supplemented pursuant to the requirements of § 16-20.6 of Chapter XVI. Roads providing ingress and egress, signs and stormwater management facilities shall be permitted in buffers, except for the buffer described in the preceding sentence
|
|
n.
|
Recreation
|
The development shall provide active and passive recreational
opportunities for site residents
|
|
o.
|
Housing affordability
|
48 units shall be affordable pursuant to requirements of § 16-6 of Chapter XVI (Zoning Ordinance).
|
The general design theme shall be generally variations of a
traditional theme. Buildings, signage and all other improvements shall
be designed to follow a project design theme to the extent possible.
The following design standards shall apply and shall be utilized to
carry out the design theme of the project.
a.
General Design Standards.
1.
All buildings should be designed with an eye toward architectural
detailing that complements the appearance of adjacent structures within
the AH-1 Affordable Housing District.
2.
Buildings shall have variegated facades. Use of texture variations
shall be encouraged.
3.
Pitched roofs are required.
4.
Entrances shall include such features as canopies or porticos, overhangs,
recesses and side entries.
b.
Continuity of Treatment. All sides of building shall be architecturally
designed so as to be consistent with regard to style, materials, colors
and details. In the instance of multistory buildings, the architectural
treatment and building materials of the first floor shall be compatible
with upper stories.
c.
Exemptions. Whereas steep slopes are defined as and include all areas of land of 15% grade or greater, this major subdivision development shall be exempt from the restrictions on slopes greater than 15% as per Chapter XV, Subsection 15-7.2.
d.
Roof. The type, shape, pitch, texture and color of a roof shall be
considered as an integral part of the design of a building and shall
be architecturally compatible with the style, materials, color and
design of such building. Pitched roofs shall be required. Roofs and
rooflines shall conform to the following standards:
1.
No flat roof shall be permitted in any building.
2.
Architectural embellishments that add visual interest to roofs, such
as dormers, belvederes, masonry chimneys and such similar elements
shall be permitted, provided that same are architecturally compatible
with the style, materials, colors and details of the building.
e.
Windows. Windows shall be architecturally compatible with the style,
materials, colors and details of a building. Windows shall be vertically
proportioned.
f.
Doors and Entrances. All entrances to a building shall be defined
and articulated by utilizing such elements as lintels, pediments,
pilasters, porticoes, porches, overhangs, railings, balustrades and
other such elements, where appropriate. Any such element utilized
shall be architecturally compatible with the style, materials, colors
and details of such building.
g.
Physical Plant. All air-conditioning units, HVAC systems, exhaust
pipes or stacks and elevator housing shall be shielded from view.
Such shielding shall be accomplished by utilizing the walls or roof
of the building and be designed to be architecturally compatible with
the style, materials, colors and details of such building.
h.
Materials, Colors and Details. All materials, colors and details
used on the exterior of a building shall be architecturally compatible
with the style of such building, as well as with each other.
i.
Shutters. The use of shutters on building front facades shall be
encouraged.
j.
Lighting. Light fixtures attached to the exterior of a building shall
be designed to be architecturally compatible with the style, materials,
colors and details of such building and other lighting fixtures used
on the site. Consideration shall also be given to the type of light
source utilized and the light quality such produces. The type of light
source used on buildings, signs, parking areas, pedestrian walkways
and other areas shall be the same or compatible. The use of low-pressure
sodium or mercury vapor lighting either attached to buildings or to
light the exterior of buildings shall be prohibited.
k.
All units shall be encouraged to be equipped with ENERGY STAR®-certified appliances and utilities, and further,
the developer is encouraged to advance and/or achieve LEED standards
and/or certification.
a.
Provision of parking spaces. The design and number of parking spaces
required per this section shall be provided in conformance with RSIS
(N.J.A.C. 5:21-4.14 through 16). Each market rate unit shall have
at least one garage parking space.
b.
Screening. Any parking area located within 50 feet of a tract boundary
shall be screened by year round plantings at least six feet in height.
Interior roadway shall provide streetscape elements including
sidewalk and lampposts. Street trees shall be provided in accordance
with all applicable Township Code requirements.
a.
A traffic study shall be performed as part of any application to
the Warren Township Planning Board and must specifically include the
impacts, if any, from all new Warren Township and Berkeley Heights
developments, including those listed in the Berkeley Heights development
matrix, attached hereto as Exhibit B.[1] Such studies will specifically include the impacts, if
any, to Emerson Lane running east from Hillcrest Road. Such traffic
study must also be submitted to Berkeley Heights as part of any Warren
Planning Board application.
[1]
Editor's Note: Said exhibit is on file in the Township offices.
b.
As part of any site plan application to the Warren Planning Board,
the developer of Block 208, Lots 4 and 10 (the "property") will demonstrate
its ability to realign the Emerson Road egress/ingress to line up
with North Ridge Way. In connection with this realignment, the developer
will use all good efforts to move the interior road on the east side
further west in order to create a wider tree preservation/buffer area
on the northeast side of the property fronting Rogers Avenue. If this
can be accomplished, additional vegetation shall be added to the tree
preservation/buffer area in order to reduce visibility from Rogers
Avenue. No stormwater management facilities, active or passive recreation
areas or any other permitted use shall be allowed to be constructed
within the lands located within the Township of Berkeley Heights.
Furthermore, the lands located within the Township of Berkeley Heights
shall be made part of a conservation easement. The conservation easement
shall be supplemented with sufficient additional landscape plantings
(shrubs and evergreen trees) in order to reduce visibility of the
developer's project from Rogers Avenue and shall be subject to customary
maintenance.
c.
The developer shall use all good efforts to provide an ingress-only
road on Hillcrest Road at the southern end of the property and an
egress-only road on Hillcrest Road north of such ingress-only road,
unless developer's traffic engineer demonstrates to the satisfaction
of the Township Planning Board that such access roads shall create
an unsafe traffic condition.
d.
As part of any site plan application, the developer will provide
cross-section view renderings and elevations from Rogers Avenue toward
the project, as well elevations with facade materials and color palate
for the project.
[Added 2-28-2019 by Ord.
No. 19-08]
a.
The objectives and standards set forth hereafter are designated to
implement the Housing and Affordable Housing Plan Element. The uses
and standards for development are permitted only within the AH-2 Zone
as shown on the revised Official Zoning Map attached hereto as Exhibit
A.[1]
[1]
Editor's Note: Said exhibit is on file in the Township offices.
b.
The intent and purpose are to implement the Affordable Housing Plan
Element of the adopted Master Plan of Warren Township. This section
provides for the phased implementation of the Plan. The objectives
are to provide and encourage development of housing affordable to
low- and moderate-income households as defined by the New Jersey Fair
Housing Act, as well as middle-income, age-targeted and adult households.
|
a.
|
Permitted uses
|
Side-by-side attached units commonly called a townhouse. Townhouse
units may be placed one above the other.
|
|
Apartments where units may be designed to be one above the other
| ||
|
b.
|
Accessory uses
|
Patios, balconies, decks
|
|
Fences and walls
| ||
|
Signs
| ||
|
Stormwater facilities
| ||
|
Pump stations
| ||
|
Refuse corrals
| ||
|
Maintenance facilities
| ||
|
Common recreational facilities
| ||
|
c.
|
Housing units permitted
|
No more than 176 dwelling units shall be permitted, of which
44 shall be affordable units
|
|
d.
|
Minimum habitable space for income-restricted affordable units*
|
1-bedroom: 750 square feet
|
|
2-bedroom: 1,000 square feet
| ||
|
3-bedroom: 1,150 square feet
| ||
|
*Habitable space shall not include garage, unfinished attic
and basement floor space whether finished or not. Habitable space
shall be calculated using outside wall dimensions. The affordable
housing bedroom distribution mix shall be as per UHAC regulations,
N.J.A.C. 5:80-26.3.
| ||
|
e.
|
Maximum units:
| |
|
Townhouse building
|
8
| |
|
Apartment building
|
44
| |
|
f.
|
Maximum number of bedrooms per unit
|
3/unit
|
|
g.
|
Maximum average habitable unit floor area
|
Townhome: 2,875 square feet Apartment unit: 1,650 square feet
|
|
h.
|
Maximum building height
| |
|
Townhouse building
|
3 stories/36 feet (whichever is less), measured from the first
floor elevation
| |
|
Apartment building
|
3 stories/40 feet (whichever is less), measured from the first
floor elevation. Apartment units may also include a loft area not
including a bathroom. This space is not a story
| |
|
i.
|
Minimum building setbacks
| |
|
Minimum building setback from northerly tract boundary adjacent
to Block 205, Lots 12.11-12.16 and Hillcrest Road
|
50 feet
| |
|
Minimum building setback from I-78, Majors Road
and westerly tract boundary
|
25 feet
| |
|
Front yard from private street
|
10 feet (curbline of traveled way)
| |
|
Minimum distance between buildings
|
25 feet
| |
|
j.
|
Lot coverage
| |
|
Maximum building coverage
|
25%
| |
|
Maximum total impervious coverage
|
70%
| |
|
k.
|
Parking
|
Development shall meet Residential Site Improvement Standards
(RSIS)
|
|
l.
|
Signage
|
Development ID permitted at entrances. ID sign face shall have
maximum area of 25 square feet and height of no greater than 5 feet.
Sign shall be no less than 10 feet from public right-of-way
|
|
m.
|
Buffer
|
A fifty-foot buffer coinciding with the northerly tract boundary
(Block 205, Lots 12.11-12.16) of which no less than 25 feet shall
remain in its natural state
|
|
n.
|
Housing affordability
|
44 units shall be affordable pursuant to requirements of § 16-6 of Chapter XVI (Zoning Ordinance)
|
|
o.
|
Recreational requirements
|
The project shall provide recreational opportunities including
a club house, pool and open play space
|
|
p.
|
Access to Majors Road
|
Except for emergency vehicle access, there shall be no vehicular
access to Majors Road from this development or egress from the development
to Majors Road
|
The general design theme shall be generally variations of a
traditional theme. Buildings, signage and all other improvements shall
be designed to follow a project design theme to the extent possible.
The following design standards shall apply and shall be utilized to
carry out the design theme of the project.
a.
Applicability. These guidelines and standards shall apply to all
applications for development.
b.
General Design Standards.
1.
All buildings should be designed with an eye toward architectural
detailing that can be unique, and complement the appearance of adjacent
structures.
2.
Buildings shall have varied facades. Use of texture and window variations
shall be encouraged.
3.
Entryways shall give orientation and add aesthetically pleasing character
to the front facade.
4.
Entrances shall include such features as canopies or porticos, overhangs,
recesses/projections, raised corniced parapets over the door, peaked
roof forms and arches.
c.
Continuity of Treatment. The architectural treatment of a facade
or roof shall be completely continued around all visibly exposed sides
of a building. All sides of building shall be architecturally designed
so as to be consistent with regard to style, materials, colors and
details. In the instance of multistory buildings, the architectural
treatment and building materials of the first floor shall be compatible
with upper stories.
d.
Roof. The type, shape, pitch, texture and color of a roof shall be
considered as an integral part of the design of a building and shall
be architecturally compatible with the style, materials, color and
design of such building.
e.
Windows. Windows shall be architecturally compatible with the style,
materials, colors and details of a building. Windows shall be vertically
proportioned.
f.
Doors and Entrances. All entrances to a building shall be defined
and articulated by utilizing such elements as lintels, pediments,
pilasters, porticoes, porches, overhangs, railings, balustrades and
other such elements, where appropriate. Any such element utilized
shall be architecturally compatible with the style, materials, colors
and details of such building.
g.
Physical Plant. All air-conditioning units, HVAC systems, exhaust
pipes or stacks and elevator housing shall be shielded from view.
Such shielding shall be accomplished by utilizing the walls or roof
of the building and be designed to be architecturally compatible with
the style, materials, colors and details of such building. If systems
are ground-mounted, landscaping and fencing shall be required for
visual screen. Louver vents for HVAC systems are permitted on the
exterior walls of buildings.
h.
Materials, Colors and Details. All materials, colors and details
used on the exterior of a building shall be architecturally compatible
with the style of such building, as well as with each other.
i.
Shutters. The use of shutters on building facades shall be encouraged.
j.
Lighting. Light fixtures attached to the exterior of a building shall
be designed to be architecturally compatible with the style, materials,
colors and details of such building and other lighting fixtures used
on the site. Consideration shall also be given to the type of light
source utilized and the light quality such produces. The type of light
source used on buildings, signs, parking areas, pedestrian walkways
and other areas shall be the same or compatible. The use of low-pressure
sodium or mercury vapor lighting either attached to buildings or to
light the exterior of buildings shall be prohibited.
k.
All buildings may have a basement and basements may contain garages/parking.
l.
All units shall, at a minimum, be equipped with ENERGY STAR®-certified appliances and utilities or equivalent.
a.
Provision of parking spaces. The design and number of parking spaces
required per this section shall be provided in conformance with RSIS
(N.J.A.C. 5:21-4.14 through 4.16).
b.
Screening. Where buffers are required, there shall be provided along
the exterior lot line of the development a continuous, year-round
planting screen at least six feet in height.
A traffic study shall be performed as part of any application
to the Warren Township Planning Board and must specifically include
the impacts from all new Warren Township and Berkeley Heights developments,
including those listed in the Berkeley Heights development matrix,
attached hereto as Exhibit B.[1] Such studies shall specifically include the impacts to
Emerson Lane running east from Hillcrest Road. Such traffic study
must also be submitted to Berkeley Heights as part of any Warren Planning
Board application.
[1]
Editor's Note: Said exhibit is on file in the Township offices.
[Added 3-14-2019 by Ord.
No. 19-12]
a.
The objectives and standards set forth hereafter are designated to
implement, in phases, the Affordable Housing Plan Element. The uses
and standards for development are permitted only within the AH-3 Zone
as shown on the revised Official Zoning Map attached hereto as Exhibit
A.[1]
[1]
Editor's Note: Said exhibit is on file in the Township offices.
b.
The intent and purpose are to implement the Affordable Housing Plan
Element of the adopted Master Plan of Warren Township. This section
provides for the phased implementation of the Plan. The objectives
are to provide and encourage development of housing affordable to
low- and moderate-income households as defined by the New Jersey Fair
Housing Act, as well as middle-income, age-targeted and adult households.
|
a.
|
Permitted uses
|
Apartments and/or bedrooms designed to accommodate special needs
persons
|
|
b.
|
Accessory uses
|
Patios, balconies, decks
|
|
Fences and walls
| ||
|
Signs
| ||
|
Stormwater facilities
| ||
|
Pump stations
| ||
|
Refuse corrals
| ||
|
Common recreational facilities
| ||
|
Special needs staff housing units
| ||
|
c.
|
Housing units
|
No less than 32 dwelling units or equivalent as defined in the
Township Settlement Agreement shall be permitted
|
|
d.
|
Maximum building height
|
2 stories/35 feet (whichever is less)
|
|
e.
|
Minimum building setbacks:
| |
|
Front yard
|
75 feet
| |
|
Side yard
|
25 feet
| |
|
Rear yard
|
25 feet
| |
|
f.
|
Parking
|
Development shall meet Residential Site Improvement Standards
(RSIS)
|
|
g.
|
Housing affordability
|
All units shall be affordable pursuant to the requirements of § 16-6 of Chapter XVI (Zoning Ordinance) excluding staff housing units
|
The general design theme shall be generally variations of a
traditional theme. Buildings, signage and all other improvements shall
be designed to follow a project design theme to the extent possible.
The following design standards shall apply and shall be utilized to
carry out the design theme of the project.
a.
Applicability. These guidelines and standards shall apply to all
applications for development.
b.
General Design Standards.
1.
All buildings should be designed with an eye toward architectural
detailing that can be unique, and complement the appearance of adjacent
structures.
2.
Buildings shall have varied and variegated facades. Use of texture
and window variations shall be encouraged.
3.
Entryways shall give orientation and add aesthetically pleasing character
to the front facade.
4.
Entrances shall include such features as canopies or porticos, overhangs,
arcades, recesses/projections, raised corniced parapets over the door,
peaked roof forms and arches.
c.
Continuity of Treatment. The architectural treatment of a facade
or roof shall be completely continued around all visibly exposed sides
of a building. All sides of building shall be architecturally designed
so as to be consistent with regard to style, materials, colors and
details. In the instance of multistory buildings, the architectural
treatment and building materials of the first floor shall be compatible
with upper stories.
d.
Roof. The type, shape, pitch, texture and color of a roof shall be
considered as an integral part of the design of a building and shall
be architecturally compatible with the style, materials, color and
design of such building.
e.
Windows. Windows shall be architecturally compatible with the style,
materials, colors and details of a building. Windows shall be vertically
proportioned.
f.
Doors and Entrances. All entrances to a building shall be defined
and articulated by utilizing such elements as lintels, pediments,
pilasters, porticoes, porches, overhangs, railings, balustrades and
other such elements, where appropriate. Any such element utilized
shall be architecturally compatible with the style, materials, colors
and details of such building.
g.
Physical Plant. All air-conditioning units, HVAC systems, exhaust
pipes or stacks and elevator housing shall be shielded from view.
Such shielding shall be accomplished by utilizing the walls or roof
of the building and be designed to be architecturally compatible with
the style, materials, colors and details of such building. If systems
are ground-mounted, landscaping and fencing shall be required for
visual screen.
h.
Materials, Colors and Details. All materials, colors and details
used on the exterior of a building shall be architecturally compatible
with the style of such building, as well as with each other.
i.
Shutters. The use of shutters on building facades shall be encouraged.
j.
Lighting. Light fixtures attached to the exterior of a building shall
be designed to be architecturally compatible with the style, materials,
colors and details of such building and other lighting fixtures used
on the site. Consideration shall also be given to the type of light
source utilized and the light quality such produces. The type of light
source used on buildings, signs, parking areas, pedestrian walkways
and other areas shall be the same or compatible. The use of low-pressure
sodium or mercury vapor lighting either attached to buildings or to
light the exterior of buildings shall be prohibited.
k.
Basements shall be permitted.
l.
All units shall, at a minimum, be equipped with ENERGY STAR®-certified appliances and utilities.
a.
Provision of parking spaces. The design and number of parking spaces
required per this section shall be provided in conformance with RSIS
(N.J.A.C. 5:21-4.14 through 4.16).
b.
Screening. Where buffers are required, there shall be provided along
the exterior lot line of the development a continuous, year-round
planting screen at least six feet in height.
[Added 4-11-2019 by Ord.
No. 19-13]
a.
The objectives and standards set forth hereafter are designated to
implement the Housing and Affordable Housing Plan Element. The uses
and standards for development are permitted only within the AH-4 Zone
as shown on the revised Official Zoning Map attached hereto as Exhibit
A.[1]
[1]
Editor's Note: Said exhibit in on file in the Township offices.
b.
The intent and purpose is to implement the Affordable Housing Plan
Element of the adopted Master Plan of Warren Township. This section
provides for the phased implementation of the zone. The objectives
are to provide and encourage development of housing affordable to
low- and moderate-income households as defined by the New Jersey Fair
Housing Act.
c.
Consistent with and pursuant to the Court-approved settlement agreement,
dated October 12, 2018 (as amended) ("settlement agreement") by and
among the parties in the Township of Warren's declaratory judgment
Mount Laurel action captioned IMO Warren Township, Docket No. SOM-L-000904-15
("DJ Action"), this section creates the AH-4 Affordable Housing Zone
District, which is comprised of Block 85.01, Lots 1, 2, 3 and 4, as
shown on the Tax Map of the Township of Warren (the "tract"). The
AH-4 Zone District shall be developed with an inclusionary development
(the "inclusionary development") component comprised of the following
three components and accessory structures: (a) the townhouse component
comprised of 115 residential units (the "townhouse areas"); (b) the
multifamily rental component comprised of 220 residential rental units
(the "multifamily housing area"); and (c) the hotel component comprised
of a hotel with approximately 130 guest rooms/guest suites and restaurant(s),
with or without a liquor license, that is either within, connected
to or stand-alone and separate from the hotel structure (the "hotel
area"). The inclusionary development shall include an overall 22.4%
set-aside of affordable rental units that will be governed by controls
on affordability and comply with all other Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") requirements as of the
date of the adoption of this section. The total number of residential
units between the townhouse component and the multifamily rental component
shall not exceed 335 units, of which 75 units shall be deed restricted
as affordable units (the "Affordable Units"), all of which shall be
developed as follows:
|
Component
|
Market Rate
|
Affordable
|
Total
|
|---|---|---|---|
|
Townhouse areas
|
107
|
8
|
115
|
|
Multifamily housing area
|
153
|
67
|
220
|
|
Maximum total residential units
|
260
|
75
|
335
|
d.
The inclusionary development may be developed in up to three phases.
The residential components of the inclusionary development, however,
shall be treated as a single development for the purposes of the requirements
of N.J.A.C. 5:93-5.6(d); however, the townhouse component can be fully
constructed as a single construction phase consistent with N.J.A.C.
5:93-5.6(d). A plan showing the various components of the inclusionary
development is attached hereto as Exhibit B[2] and made a part hereof.
[2]
Editor's Note: Said exhibit is on file in the Township offices.
The permitted uses and design standards within the AH-4 Affordable
Housing Zone District are as set forth below:
a.
Minimum Tract Area: 40 acres.
b.
Maximum Tract Lot Coverage: 40%. Any one subdivided lot may exceed
40% so long as they tract lot coverage does not exceed 40%.
c.
Utilities and stormwater management basins and structures (including
fences and/or retaining walls) shall be 10 feet from any tract boundary
line or from any other right-of-way line of a dedicated municipal
roadway (excluding permitted accessory uses at roadway intersections),
and permitted within any yard and any buffer areas.
d.
Minimum Open Space. An overall 40% of the total tract shall be open
space. For the purposes of calculating open space, the following shall
be included: (a) lots specifically designated as open space; (b) open
space buffer area, (c) stormwater management facilities, and (d) designated
wetlands.
e.
Permitted Uses.
3.
Hotel Area.
(a)
Hotels which, for the purposes of this section, shall permit hotels as defined in § 16-4 of this chapter to include guest rooms or guest suites which contain more than two rooms and may include kitchenettes to accommodate occupants on a day-to-day or extended stay basis.
(b)
Restaurant(s), with or without a liquor license, either within, connected to or stand-alone and separate from the hotel structure notwithstanding § 16-5.15 permitting only one principal structure. For the purpose of this subsection, the term "restaurant" shall mean an establishment where food and drink are prepared and/or served and consumed at tables within the principal building without facilities for drive- through order or drive-through pickup.
|
a.
|
Townhouse Areas.
| ||
|
1.
|
Maximum number of units
|
No more than 115 units shall be permitted, of which 107 shall
be market-rate for-sale units and 8 shall be affordable units
| |
|
2.
|
Minimum percentage of market-rate units with master bedrooms
on ground level
|
10%
| |
|
3.
|
Maximum building height
|
3 stories/40 feet (whichever is less) as measured from average
finished grade.
| |
|
If all units within a building contain a walk-out or day-light
rear basement or cellar wall with a minimum four-foot exposure above
finished grade, the height of that building may be increased to 48
feet
| |||
|
4.
|
Minimum habitable space for income-restricted affordable units*
|
1-bedroom: 600 square feet
| |
|
2-bedroom: 750 square feet
| |||
|
3-bedroom: 850 square feet
| |||
*Habitable space shall not include garage, unfinished attic
and basement floor space whether finished or not. Habitable space
shall be calculated using outside wall dimensions. The affordable
housing bedroom distribution mix shall be as per UHAC regulations,
N.J.A.C. 5:80-26.3.
|
5.
|
Maximum units per building
|
6, except that a townhouse unit footprint can be replaced with
2 stacked multifamily units to a maximum of 12 units
| |
|
6.
|
Maximum number of bedrooms per unit
|
4/unit
| |
|
7.
|
Maximum average* market-rate habitable unit floor area
|
Townhome unit: 2,800 square feet multifamily dwellings, which
shall include stacked townhouses in Unit 1: 1,850 square feet
|
*Habitable space shall not include garage, unfinished attic
and basement floor space whether finished or not. Habitable space
shall be calculated using outside wall dimensions.
|
8.
|
Townhouse and Multifamily dwellings shall comply with the following:
| ||||
|
(a)
|
Minimum building setback from any tract boundary line, except
minimum building setback from Block 5, Lot 85.01 shall be 20 feet
|
50 feet
| |||
|
9.
|
Townhouse and multifamily dwelling units shall be zero lot line
and without additional setback requirements.
| ||||
|
10.
|
Parking
| ||||
|
(a)
|
Minimum parking setback from any tract boundary line
|
15 feet
| |||
|
(b)
|
Parking spaces may be provided as surface parking or within
a building in accordance with RSIS
| ||||
|
b.
|
Multifamily housing area.
| ||||
|
1.
|
Maximum number of units:
|
No more than 220 shall be permitted, of which 153 shall be market
rate rental units and 67 shall be affordable units
| |||
|
2.
|
Maximum building height
| ||||
|
(a)
|
Multifamily buildings
|
4 stories/52 feet (whichever is less) as measured from average
finished grade. Basement parking, if any, shall not be considered
a story
| |||
|
(b)
|
Clubhouse building:
|
35 feet
| |||
|
(c)
|
Parking deck:
|
40 feet to the parapet wall
| |||
|
3.
|
Minimum habitable space for income restricted affordable units*
|
1-bedroom: 600 square feet
| |||
|
2-bedroom: 750 square feet
| |||||
|
3-bedroom: 850 square feet
| |||||
*Habitable space shall not include garage, unfinished attic
and basement floor space whether finished or not. Habitable space
shall be calculated using outside wall dimensions. The affordable
housing bedroom distribution mix shall be as per UHAC regulations,
N.J.A.C. 5:80-26.3.
|
4.
|
Maximum units per building
|
125 units
| ||
|
5.
|
Maximum number of bedrooms per unit
|
3/unit
| ||
|
6.
|
Maximum average* habitable unit floor area
|
1,650 square feet
| ||
|
7.
|
Multi-family buildings (excluding accessory structures and buildings)
shall comply with the following:
| |||
|
(a)
|
Minimum building setback from any tract boundary line
|
50 feet
| ||
|
(b)
|
Minimum building setback from the curb line or edge of pavement
of any internal street, parking space or other vehicular area, except
at entrances to underbuilding parking
|
10 feet
| ||
|
8.
|
Parking
| |||
|
(a)
|
Minimum parking setback from any tract boundary line
|
15 feet
| ||
|
(b)
|
Parking spaces shall be provided in accordance with RSIS.
| |||
|
(c)
|
Buildings within a multifamily housing area shall be zero lot
line and without additional setback requirements.
| |||
|
(d)
|
Parking may be permitted in the front yard provided landscaping
and/or fencing is provided between the parking area and street.
| |||
|
c.
|
Hotel Area
| |||
|
1.
|
Maximum number of hotel guest rooms/guest suites
|
130
| ||
|
2.
|
Maximum restaurant building area
|
8,000 square feet
| ||
|
3.
|
Maximum building height
| |||
|
(a)
|
Hotels
|
4 stories/52 feet
| ||
|
(b)
|
Restaurant
|
1 story/35 feet
| ||
|
4.
|
Minimum building setback from any tract boundary (hotel and
restaurant)
|
50 feet
| ||
|
5.
|
Parking
| |||
|
(a)
|
Minimum parking setback from any tract boundary line
|
15 feet
| ||
|
(b)
|
Parking may be permitted in the front yard provided landscaping
and/or fencing is provided between the parking area and street.
| |||
|
(c)
|
Parking spaces shall be provided as surface parking at a minimum
of 1 space for each guest room/guest suite, plus 1 space per 300 gross
floor area of restaurant area
| |||
Signage shall be permitted as set forth below:
a.
Identification Signs along King George Road.
1.
Maximum of two double-sided identification ground (a.k.a. freestanding)
signs and two identification wall signs shall be permitted along the
King George Road frontage.
2.
Each sign attached to a wall shall not exceed five feet in height
and 30 feet in length.
3.
Signs attached to a wall of a building shall not exceed 10% of the
area of wall.
4.
Ground signs shall not exceed 50 square feet in area per face.
5.
The maximum height of any ground sign shall not exceed 10 feet.
6.
No ground sign shall be located closer to any right-of-way or tract
boundary line than 10 feet.
7.
Identification signs may be located in a required buffer area.
b.
Identification Signs along Mountain Avenue.
1.
Maximum of two double-sided identification signs shall be permitted
along the Mountain Avenue frontage. Signs shall be ground signs.
2.
Signs shall not exceed 25 square feet in area per face.
3.
The maximum height of any ground sign shall not exceed 10 feet.
4.
No ground sign shall be located closer to any right-of-way or tract
boundary line than 10 feet.
5.
Identification signs may be located in a required buffer area.
c.
Other Permitted Identification Signs.
1.
Maximum of one double-sided identification sign, in addition to the
standards set forth above, shall be permitted to identify the townhouse
area that is located adjacent to the multifamily housing area. Said
sign shall meet the standards per § 16-22A.5.b above.
The settlement agreement requires that the development of the
AH-4 Zone District as set forth herein be appropriately buffered.
Adequate buffering from Mountain Avenue and King George Road shall
consist of landscaping, fencing, walls or a combination of same.
All units shall be equipped with ENERGY STAR®-certified kitchen appliances, if applicable and to be provided by
the developer.
[Added 3-14-2019 by Ord.
No. 19-14]
a.
The objectives and standards set forth hereafter are designated to
implement, in phases, the Affordable Housing Plan Element. The uses
and standards for development are permitted only within the AH-5 Zone
as shown on the revised Official Zoning Map attached hereto as Exhibit
A.[1]
[1]
Editor's Note: Said exhibit is on file in the Township offices.
b.
The intent and purpose are to implement the Affordable Housing Plan
Element of the adopted Master Plan of Warren Township. This section
provides for the phased implementation of the Plan. The objectives
are to provide and encourage development of housing affordable to
low- and moderate-income households as defined by the New Jersey Fair
Housing Act, as well as middle-income, age-targeted and adult households.
|
a.
|
Permitted uses
|
Townhomes
|
|
Apartments where units may be designed to be 1 above another
| ||
|
b.
|
Accessory uses
|
Patios, balconies, decks
|
|
Fences and walls
| ||
|
Signs
| ||
|
Stormwater facilities
| ||
|
Pump stations
| ||
|
Refuse corrals
| ||
|
Common recreational facilities
| ||
|
c.
|
Housing units
|
No more than 4 dwelling units shall be permitted, of of which
2 shall be affordable units
|
|
d.
|
Minimum habitable space for income-restricted affordable units*
|
1-bedroom: 700 square feet
|
|
2-bedroom: 720 square feet
| ||
|
*Habitable space shall not include garage, unfinished attic
and basement floor space whether finished or not. Habitable space
shall be calculated using outside wall dimensions. The affordable
housing bedroom distribution mix shall be as per UHAC regulations,
N.J.A.C. 5:80-26.3 and as stipulated.
| ||
|
e.
|
Maximum number of bedrooms per unit
|
3/unit
|
|
f.
|
Maximum building height
|
3 stories/35 feet (whichever is less)
|
|
g.
|
Minimum building setbacks
| |
|
Front yard from Mountain Boulevard
|
25 feet
| |
|
Front yard from Hauser Road
|
20 feet (curb line)
| |
|
Side yard
|
25 feet
| |
|
Rear yard
|
25 feet
| |
|
i.
|
Parking
|
Development shall meet Residential Site Improvement Standards
(RSIS)
|
|
j.
|
Housing affordability
|
2 units shall be affordable pursuant to requirements of § 16-6 of Chapter XVI (Zoning Ordinance)
|
|
k.
|
Recreational requirements
|
The project may provide recreational opportunities if possible
|
The general design theme shall be generally variations of a
traditional theme. Buildings, signage and all other improvements shall
be designed to follow a project design theme to the extent possible.
The following design standards shall apply and shall be utilized to
carry out the design theme of the project.
a.
Applicability. These guidelines and standards shall apply to all
applications for development.
b.
General Design Standards.
1.
All buildings should be designed with an eye toward architectural
detailing that can be unique, and complement the appearance of adjacent
structures.
2.
Buildings shall have varied and variegated facades. Use of texture
and window variations shall be encouraged.
3.
Entryways shall give orientation and add aesthetically pleasing character
to the front facade.
4.
Entrances shall include such features as canopies or porticos, overhangs,
arcades, recesses/projections, raised corniced parapets over the door,
peaked roof forms and arches.
c.
Continuity of Treatment. The architectural treatment of a facade
or roof shall be completely continued around all visibly exposed sides
of a building. All sides of building shall be architecturally designed
so as to be consistent with regard to style, materials, colors and
details. In the instance of multistory buildings, the architectural
treatment and building materials of the first floor shall be compatible
with upper stories.
d.
Roof. The type, shape, pitch, texture and color of a roof shall be
considered as an integral part of the design of a building and shall
be architecturally compatible with the style, materials, color and
design of such building.
e.
Windows. Windows shall be architecturally compatible with the style,
materials, colors and details of a building. Windows shall be vertically
proportioned.
f.
Doors and Entrances. All entrances to a building shall be defined
and articulated by utilizing such elements as lintels, pediments,
pilasters, porticoes, porches, overhangs, railings, balustrades and
other such elements, where appropriate. Any such element utilized
shall be architecturally compatible with the style, materials, colors
and details of such building.
g.
Physical Plant. All air-conditioning units, HVAC systems, exhaust
pipes or stacks and elevator housing shall be shielded from view.
Such shielding shall be accomplished by utilizing the walls or roof
of the building and be designed to be architecturally compatible with
the style, materials, colors and details of such building. If systems
are ground-mounted, landscaping and fencing shall be required for
visual screen.
h.
Materials, Colors and Details. All materials, colors and details
used on the exterior of a building shall be architecturally compatible
with the style of such building, as well as with each other.
i.
Shutters. The use of shutters on building facades shall be encouraged.
j.
Lighting. Light fixtures attached to the exterior of a building shall
be designed to be architecturally compatible with the style, materials,
colors and details of such building and other lighting fixtures used
on the site. Consideration shall also be given to the type of light
source utilized and the light quality such produces. The type of light
source used on buildings, signs, parking areas, pedestrian walkways
and other areas shall be the same or compatible. The use of low-pressure
sodium or mercury vapor lighting either attached to buildings or to
light the exterior of buildings shall be prohibited.
k.
All buildings may have a basement.
l.
All units shall, at a minimum, be equipped with ENERGY STAR®-certified appliances and utilities.
a.
Provision of parking spaces. The design and number of parking spaces
required per this section shall be provided in conformance with RSIS
(NJAC.5:21-4.14 through 4.16).
b.
Screening. Where buffers are required, there shall be provided along
the exterior lot line of the development a continuous, year-round
planting screen at least six feet in height.
[Added 3-14-2019 by Ord.
No. 19-15]
The objectives and standards set forth hereafter are designated
to implement, in phases, the Affordable Housing Plan Element. The
uses and standards for development are permitted only within the AH-6
zone as shown on the revised Official Zoning Map attached hereto as
Exhibit A.[1]
The intent and purpose are to implement the Affordable Housing
Plan Element of the adopted Master Plan of Warren Township. This section
provides for the phased implementation of the Plan. The objectives
are to provide and encourage development of housing affordable to
low and moderate income households as defined by the New Jersey Fair
Housing Act, as well as middle income, age targeted and adult households.
[1]
Editor's Note: Said exhibit is on file in the Township offices.
|
a.
|
Permitted uses
|
Townhomes
|
|
Apartments where units may be designed to be 1 above another
| ||
|
b.
|
Accessory uses
|
Patios, balconies, decks
|
|
Fences and walls
| ||
|
Signs
| ||
|
Stormwater facilities
| ||
|
Pump stations
| ||
|
Refuse corrals
| ||
|
Common recreational facilities
| ||
|
c.
|
Housing units
|
No more than 26 dwelling units shall be permitted, of of which
10 shall be affordable units
|
|
d.
|
Minimum habitable space for Income-restricted affordable units*
|
1-bedroom: 700 square feet
|
|
2-bedroom: 770 square feet
| ||
|
3-bedroom: 875 square feet
|
* Habitable space shall not include garage, unfinished attic
and basement floor space whether finished or not. Habitable space
shall be calculated using outside wall dimensions. The affordable
housing bedroom distribution mix shall be as per UHAC regulations,
N.J.A.C. 5:80-26.3 where applicable due to small number of units.
|
e.
|
Maximum units per building
|
16 units/structure
|
|
f.
|
Maximum number of bedrooms per unit
|
3/unit
|
|
g.
|
Maximum average habitable unit floor area
|
Townhome unit: 1,600 square feet
|
|
Apartment unit: 1,000 square feet
| ||
|
h.
|
Maximum building height:
|
3 stories/35 feet (whichever is less)
|
|
i.
|
Minimum building setbacks:
| |
|
Front yard
|
35 feet
| |
|
Side yard
|
10 feet
| |
|
Rear yard
|
25 feet
| |
|
j.
|
Parking
|
Development shall meet Residential Site Improvement Standards
(RSIS)
|
|
k.
|
Housing affordability
|
10 units shall be affordable pursuant to requirements of § 16-6 of Chapter XVI (Zoning Ordinance)
|
|
l.
|
Recreational requirements
|
The project shall provide recreational opportunities
|
The general design theme shall be generally variations of a
traditional theme. Buildings, signage and all other improvements shall
be designed to follow a project design theme to the extent possible.
The following design standards shall apply and shall be utilized to
carry out the design theme of the project.
a.
Applicability. These guidelines and standards shall apply to all
applications for development.
b.
General Design Standards.
1.
All buildings should be designed with an eye toward architectural
detailing that can be unique, and complement the appearance of adjacent
structures.
2.
Buildings shall have varied and variegated facades. Use of texture
and window variations shall be encouraged.
3.
Entryways shall give orientation and add aesthetically pleasing character
to the front facade.
4.
Entrances shall include such features as canopies or porticos, overhangs,
arcades, recesses/projections, raised corniced parapets over the door,
peaked roof forms and arches.
c.
Continuity of Treatment. The architectural treatment of a facade
or roof shall be completely continued around all visibly exposed sides
of a building. All sides of building shall be architecturally designed
so as to be consistent with regard to style, materials, colors and
details. In the instance of multistory buildings, the architectural
treatment and building materials of the first floor shall be compatible
with upper stories.
d.
Roof. The type, shape, pitch, texture and color of a roof shall be
considered as an integral part of the design of a building and shall
be architecturally compatible with the style, materials, color and
design of such building.
e.
Windows. Windows shall be architecturally compatible with the style,
materials, colors and details of a building. Windows shall be vertically
proportioned.
f.
Doors and Entrances. All entrances to a building shall be defined
and articulated by utilizing such elements as lintels, pediments,
pilasters, porticoes, porches, overhangs, railings, balustrades and
other such elements, where appropriate. Any such element utilized
shall be architecturally compatible with the style, materials, colors
and details of such building.
g.
Physical Plant. All air-conditioning units, HVAC systems, exhaust
pipes or stacks and elevator housing shall be shielded from view.
Such shielding shall be accomplished by utilizing the walls or roof
of the building and be designed to be architecturally compatible with
the style, materials, colors and details of such building. If systems
are ground mounted, landscaping and fencing shall be required for
visual screen.
h.
Materials, Colors and Details. All materials, colors and details
used on the exterior of a building shall be architecturally compatible
with the style of such building, as well as with each other.
i.
Shutters. The use of shutters on building facades shall be encouraged.
j.
Lighting. Light fixtures attached to the exterior of a building shall
be designed to be architecturally compatible with the style, materials,
colors and details of such building and other lighting fixtures used
on the site. Consideration shall also be given to the type of light
source utilized and the light quality such produces. The type of light
source used on buildings, signs, parking areas, pedestrian walkways
and other areas shall be the same or compatible. The use of low-pressure
sodium or mercury vapor lighting either attached to buildings or to
light the exterior of buildings shall be prohibited.
k.
All buildings may have a basement.
l.
All units shall, at a minimum, be equipped with ENERGY STAR®-certified appliances and utilities.
a.
Provision of parking spaces. The design and number of parking spaces
required per this section shall be provided in conformance with RSIS
(N.J.A.C. 5:21-4.14 through 4.16).
b.
Screening. Where buffers are required, there shall be provided along
the exterior lot line of the development a continuous, year-round
planting screen at least six feet in height.
[Added 3-14-2019 by Ord.
No. 19-16; amended 8-13-2020 by Ord. No. 20-20]
a.
The objectives and standards set forth hereafter are designated to implement, in phases, the Affordable Housing Plan Element of the adopted Master Plan of Warren Township (the Plan). The purpose and intent are to permit the development of affordable housing in the UR-F Affordable Housing Overlay Zone District in addition to underlying permitted uses of the RBLR zone as set forth in § 16-14 of the Revised General Ordinances of the Township of Warren. The uses and standards for development set forth herein are permitted only within the UR-F Affordable Housing Overlay Zone District as shown on the revised Official Zoning Map and affordable housing development in the UR-F Affordable Housing Overlay Zone District shall comply with the requirements set forth herein.
b.
This section provides for the phased implementation of the Plan.
The objectives are to provide and encourage development of housing
affordable to low- and moderate-income households as defined by the
New Jersey Fair Housing Act, as well as middle-income, age-targeted
and adult households. The Township Planner, John T. Chadwick, IV,
PP, has prepared a separate Redevelopment Plan for Block 89, Lot 4
entitled "40 Mountain Boulevard (Block 89, Lot 4) Redevelopment Plan"
dated March 31, 2020, the terms of which are incorporated herein and
made a part hereof. In the event of any inconsistency between this
section and the aforesaid Redevelopment Plan, the terms of the Redevelopment
Plan shall take precedence. A copy of the aforesaid Redevelopment
Plan is annexed hereto and made a part of this article.
|
a.
|
Permitted uses
|
Apartments
|
|
b.
|
Accessory uses
|
Patios, balconies, decks
|
|
Fences and walls
| ||
|
Signs
| ||
|
Stormwater facilities
| ||
|
Pump stations
| ||
|
Refuse corrals
| ||
|
Common recreational facilities
| ||
|
c.
|
Housing units
|
No more than 26 dwelling units shall be permitted, of which
8 shall be affordable units
|
|
d.
|
Minimum habitable space for income-restricted affordable units*
|
1-bedroom: 650 square feet
|
|
2-bedroom: 740 square feet
| ||
|
3-bedroom: 875 square feet
|
*Habitable space shall not include garage, unfinished attic
and basement floor space whether finished or not. Habitable space
shall be calculated using outside wall dimensions. The affordable
housing bedroom distribution mix shall be as per UHAC regulations
Section 5:80-26.3 as applicable due to small number of units.
|
e.
|
Maximum units per building
|
26 units/structure
|
|
f.
|
Maximum number of bedroom per unit
|
3
|
|
g.
|
Maximum average habitable unit floor area
|
Apartment: 1,100 square feet
|
|
h.
|
Maximum building height:
|
3 stories/38 feet (whichever is less)
|
|
i.
|
Minimum building setbacks:*
| |
|
Front yard
|
35 feet
| |
|
Side yard
|
10 feet
| |
|
Rear yard
|
25 feet
| |
|
* See § 16-5.3 for exclusions.
| ||
|
j.
|
Parking
|
Residential Site Improvement Standards (RSIS) shall serve as
guideline standards.
|
|
k.
|
Housing affordability
| |
|
l.
|
Recreational requirements
|
The development shall provide access to recreational opportunities
as determined by the Planning Board in consultation with the developer
and its consultants.
|
The general design theme shall be generally variations of a
traditional theme. Buildings, signage and all other improvements shall
be designed to follow a project design theme to the extent possible.
The following design standards shall apply and shall be utilized to
carry out the design theme of the project.
a.
Applicability. These guidelines and standards shall apply to all
applications for development.
b.
General Design Standards.
1.
All buildings should be designed with an eye toward architectural
detailing that can be unique, and complement the appearance of adjacent
structures.
2.
Buildings shall have varied and variegated facades. Use of texture
and window variations shall be encouraged.
3.
Entryways shall give orientation and add aesthetically pleasing character
to the front facade.
4.
Entrances shall include such features as canopies or porticos, overhangs,
arcades, recesses/projections, raised corniced parapets over the door,
peaked roof forms and arches.
c.
Continuity of Treatment. The architectural treatment of a façade
or roof shall be completely continued around all visibly exposed sides
of a building. All sides of building shall be architecturally designed
so as to be consistent with regard to style, materials, colors and
details. In the instance of multistory buildings, the architectural
treatment and building materials of the first floor shall be compatible
with upper stories.
d.
Roof. The type, shape, pitch, texture and color of a roof shall be
considered as an integral part of the design of a building and shall
be architecturally compatible with the style, materials, color and
design of such building.
e.
Windows. Windows shall be architecturally compatible with the style,
materials, colors and details of a building. Windows shall be vertically
proportioned.
f.
Doors and Entrances. All entrances to a building shall be defined
and articulated by utilizing such elements as lintels, pediments,
pilasters, porticoes, porches, overhangs, railings, balustrades and
other such elements, where appropriate. Any such element utilized
shall be architecturally compatible with the style, materials, colors
and details of such building.
g.
Physical Plant. All air-conditioning units, HVAC systems, exhaust
pipes or stacks and elevator housing shall be shielded from view.
Such shielding shall be accomplished by utilizing the walls or roof
of the building and be designed to be architecturally compatible with
the style, materials, colors and details of such building. If systems
are ground-mounted, landscaping and fencing shall be required for
visual screen.
h.
Materials, Colors and Details. All materials, colors and details
used on the exterior of a building shall be architecturally compatible
with the style of such building, as well as with each other.
i.
Shutters. The use of shutters on building facades shall be encouraged.
j.
Lighting. Light fixtures attached to the exterior of a building shall
be designed to be architecturally compatible with the style, materials,
colors and details of such building and other lighting fixtures used
on the site. Consideration shall also be given to the type of light
source utilized and the light quality such produces. The type of light
source used on buildings, signs, parking areas, pedestrian walkways
and other areas shall be the same or compatible. The use of low-pressure
sodium or mercury vapor lighting either attached to buildings or to
light the exterior of buildings shall be prohibited.
k.
All buildings shall have a basement and access to the individual
basement for each market rate unit in the building.
l.
All units should, at a minimum, be equipped with ENERGY STAR®-certified appliances and utilities.
a.
Provision of parking spaces. The design and number of parking spaces
required per this section shall be provided in conformance with RSIS
(N.J.A.C. 5:21-4.14 through 4.16) which shall serve as guideline standards.
b.
Screening. Where buffers are required, there shall be provided along
the exterior lot line of the development a continuous, year-round
planting screen at least six feet in height.
[Added 3-14-2019 by Ord.
No. 19-17]
a.
The objectives and standards set forth hereafter are designated to
implement, in phases, the Affordable Housing Plan Element. The uses
and standards for development are permitted only within the AH-8 Zone
as shown on the revised Official Zoning Map attached hereto as Exhibit
A.[1]
[1]
Editor's Note: Said exhibit is on file in the Township Offices.
b.
The intent and purpose are to implement the Affordable Housing Plan
Element of the adopted Master Plan of Warren Township. This section
provides for the phased implementation of the Plan. The objectives
are to provide and encourage development of housing affordable to
low- and moderate-income households as defined by the New Jersey Fair
Housing Act, as well as middle-income, age-targeted and adult households.
|
a.
|
Permitted uses
|
Housing designed to accommodate special needs persons
|
|
b.
|
Accessory uses
|
Patios, balconies, decks
|
|
Fences and walls
| ||
|
Signs
| ||
|
Stormwater facilities
| ||
|
Pump stations
| ||
|
Refuse corrals
| ||
|
Common recreational facilities
| ||
|
Special needs staff housing units
| ||
|
c.
|
Housing units
|
No less than 10 affordable special needs as defined in the
|
|
Township settlement agreement
| ||
|
d.
|
Maximum building height
|
2 stories/35 feet (whichever is less)
|
|
i.
|
Minimum building setbacks
| |
|
Front yard
|
75 feet
| |
|
Side yard
|
25 feet
| |
|
Rear yard
|
25 feet
| |
|
j.
|
Parking
|
Development shall meet Residential Site Improvement Standards
(RSIS)
|
|
k.
|
Housing affordability
|
All units shall be affordable pursuant to requirements of § 16-6 of Chapter XVI (Zoning Ordinance)
|
|
l.
|
Recreational requirements
|
The project shall provide appropriate recreational opportunities
|
|
m.
|
Phasing.
|
The 10 special needs units will be phased-in together with the
44 affordable rental units and 132 market rate units permitted in
the AH-2 Affordable Housing Zone District. Such phasing shall be in
accordance with the standard inclusionary zoning phasing pursuant
to N.J.A.C. 5:93-5.6(d). If the developer deeds the AH-8 special needs
development project to an operator of special needs housing, the combined
phasing requirements of the AH-2 Affordable Housing Zone District
together with the AH-8 Affordable Housing Zone District shall not
apply, and the special needs housing in the AH-8 zone district would
be developed in accordance with N.J.A.C. 5:93-5.5
|
The general design theme shall be generally variations of a
traditional theme. Buildings, signage and all other improvements shall
be designed to follow a project design theme to the extent possible.
The following design standards shall apply and shall be utilized to
carry out the design theme of the project.
a.
Applicability. These guidelines and standards shall apply to all
applications for development.
b.
General Design Standards.
1.
All buildings should be designed with an eye toward architectural
detailing that can be unique, and complement the appearance of adjacent
structures.
2.
Buildings shall have varied and variegated facades. Use of texture
and window variations shall be encouraged.
3.
Entryways shall give orientation and add aesthetically pleasing character
to the front facade.
4.
Entrances shall include such features as canopies or porticos, overhangs,
arcades, recesses/projections, raised corniced parapets over the door,
peaked roof forms and arches.
c.
Continuity of Treatment. The architectural treatment of a facade
or roof shall be completely continued around all visibly exposed sides
of a building. All sides of building shall be architecturally designed
so as to be consistent with regard to style, materials, colors and
details. In the instance of multistory buildings, the architectural
treatment and building materials of the first floor shall be compatible
with upper stories.
d.
Roof. The type, shape, pitch, texture and color of a roof shall be
considered as an integral part of the design of a building and shall
be architecturally compatible with the style, materials, color and
design of such building.
e.
Windows. Windows shall be architecturally compatible with the style,
materials, colors and details of a building. Windows shall be vertically
proportioned.
f.
Doors and Entrances. All entrances to a building shall be defined
and articulated by utilizing such elements as lintels, pediments,
pilasters, porticoes, porches, overhangs, railings, balustrades and
other such elements, where appropriate. Any such element utilized
shall be architecturally compatible with the style, materials, colors
and details of such building.
g.
Physical Plant. All air-conditioning units, HVAC systems, exhaust
pipes or stacks and elevator housing shall be shielded from view.
Such shielding shall be accomplished by utilizing the walls or roof
of the building and be designed to be architecturally compatible with
the style, materials, colors and details of such building. If systems
are ground-mounted, landscaping and fencing shall be required for
visual screen. Louver vents for HVAC systems are permitted on the
exterior walls of the buildings.
h.
Materials, Colors and Details. All materials, colors and details
used on the exterior of a building shall be architecturally compatible
with the style of such building, as well as with each other.
i.
Shutters. The use of shutters on building facades shall be encouraged.
j.
Lighting. Light fixtures attached to the exterior of a building shall
be designed to be architecturally compatible with the style, materials,
colors and details of such building and other lighting fixtures used
on the site. Consideration shall also be given to the type of light
source utilized and the light quality such produces. The type of light
source used on buildings, signs, parking areas, pedestrian walkways
and other areas shall be the same or compatible. The use of low-pressure
sodium or mercury vapor lighting either attached to buildings or to
light the exterior of buildings shall be prohibited.
k.
All buildings shall have a basement.
l.
All units shall, at a minimum, be equipped with ENERGY STAR®-certified appliances and utilities.
a.
Provision of parking spaces. The design and number of parking spaces
required per this section shall be provided in conformance with RSIS
(N.J.A.C. 5:21-4.14 through 4.16).
b.
Screening. Where buffers are required, there shall be provided along
the exterior lot line of the development a continuous, year-round
planting screen at least six feet in height.
[Ord. No. 93-24]
As a condition to approval and as a condition to continuance
of any building, process, installation, production or other use in
an industrial district, the applicant shall supply evidence that the
proposed building process, installation, production or other use will
conform fully with all of the applicable performance standards set
forth herein. To evidence such compliance, the Construction Official,
Zoning Officer, Planning Board or Zoning Board of Adjustment, as applicable,
may require certification of tests by appropriate government agencies
or by recognized testing laboratories, any costs to be borne by the
applicant. Specific types of equipment, machinery or devices or specific
operating procedures may be required in order to assure compliance
with the applicable performance standards.
[Ord. No. 93-24]
a.
The following technical standards are intended to further define
the types of nonresidential activities permitted and to create minimum
standards which must be met for any and all nonresidential uses within
the Township. To the extent that the standards contained herein are
less stringent than any standards promulgated by statute, rule or
directive of the Federal, State or County governments or agencies
thereof or by other ordinances of the Township or Board of Health
of the Township, then, and in that event, the more stringent standard
shall be complied with. In other instances, the standards set forth
hereinafter shall be binding. The standards contained hereinafter
are minimum ones and shall be applied to ensure initial and continuing
compliance by developers of new nonresidential construction and shall
be applicable to portions of any existing use which is to be either
extended or enlarged and to any existing nonresidential uses and to
changes in tenancy where it is determined that failure to comply may
adversely affect the health and safety of the public.
[Ord. No. 93-24]
Users shall be bound by standards contained and enumerated in
the Air Pollution Control Code of the Township and by the New Jersey
Administrative Code, Title 7, Chapter 27, as it may be amended from
time to time or as it may be succeeded.
[Ord. No. 93-24]
a.
From Structures. Light from enclosed structures shall be shielded
or directed in such a way that glare is not visible at any point on
any boundary line between a residential and nonresidential district
or at or beyond any point on any property line or street line within
a nonresidential district.
b.
Area Lighting. Area lighting, including that used for production
activities and protective purposes, driveways, loading and unloading
and parking, shall be located so that glare will not become a nuisance
to adjoining properties, adjoining districts or to any adjoining public
right-of-way. All permitted lighting shall be arranged so as to be
directed upon the property from which the light originates so as to
not directly illuminate any contiguous property.
c.
Illumination of production activities shall be buffered so that direct
illumination source will not be visible to adjoining properties.
d.
Advertising Lighting. Advertising lighting, including all lighting
which is used for directing attention, shall be permitted where the
source of illumination shines directly toward the sign without producing
glare or shines directly toward a building, cluster of shrubs, fountain
or other point of interest, not toward any point off the property.
No lighting of intermittent intensity or flashing lights will be permitted.
No lighting will be permitted which is directed skyward solely for
the purpose of advertising or drawing the attention of the public.
[Ord. No. 93-24]
Any operation producing excessive heat shall be performed within
an entirely enclosed structure and in such a manner as not to be perceptible
at or beyond any property line or boundary of any public right-of-way.
Further, no process shall be permitted which would cause temperature
to rise in any bodies of water, including ponds, streams, lakes or
in groundwater, unless the applicant can prove to the Planning Board
clearly and convincingly that such increase will have no deleterious
effect on the ambient environment.
[Ord. No. 93-24]
Any use involving radiation or radioactive substances shall
be permitted only in accordance with Chapter 28 of the New Jersey
Administrative Code establishing the Bureau of Radiation Protection.
No radioactive material shall be discharged in the atmosphere, the
sanitary sewer system, streams, groundwater, water supply or surface
water unless the same complies with all Federal, State, County and
municipal statutes, rules or regulations. No radioactive material
shall be buried or disposed of on the premises.
[Ord. No. 93-24]
No industrial waste material shall be discharged into the sewage
disposal system unless permission to do so, certified in writing by
the Warren Township Sewerage Authority or New Jersey Department of
Health, whichever body has jurisdiction over the premises. The collection
and disposal of solid waste shall be the responsibility of the nonresidential
user and shall be done in accordance with the rules of the Bureau
of Solid Waste Management, N.J.A.C. 7:26-1 et seq. No accumulation
of waste, junk or other objectionable material shall be permitted
on the property outside a building. This prohibition shall not apply
to day-to-day trash, not otherwise regulated, awaiting disposal in
the ordinary conduct of business. No discharge of surface waste shall
be permitted which violates the New Jersey Department of Environmental
Protection surface water quality standards, N.J.A.C. 7:19-4 et seq.,
and all other applicable standards, if any. Sewer sampling manholes,
constructed in accordance with Township specifications, shall be required
for each building. In the interest of the health and safety of the
public and for the protection of valuable environmental resources,
industrial users of chemical products and processes shall maintain,
on-site, a means of containing effluent from major spills, leaks or
system breakdowns. Such spills, leaks or breakdowns shall be immediately
reported to the Department of Health, which shall forthwith inspect
the effluent from the same. No materials so contained may be discharged
or disposed of until after the inspection and approval for discharge
or disposal is obtained.
No industrial waste shall be discharged into the public sewage
collection and disposal system or watercourse unless the Municipal
Sewerage Authority shall have first investigated the character and
volume of such waste and shall have certified that it will accept
the discharge of the waste material into the system.
[Ord. No. 93-24]
No noise or vibration shall be created which violates Chapter
29 of the New Jersey Administrative Code, Noise Control Regulations,
N.J.A.C. 7:29-1.1 et seq. No use shall cause vibration beyond the
limits of the property on which located, nor increase the ambient
noise levels present nor cause intermittent or point audible noise
or noise vibration to adversely impact adjoining property.
[Ord. No. 93-24]
Any operation involving the storage, utilization or manufacture
of flammable explosive material shall be permitted only in accordance
with the Uniform Construction and the Uniform Fire Codes of the State
of New Jersey and with applicable statutes and State codes governing
explosives.
[Ord. No. 93-24]
a.
Characteristics and elements of aquifer recharge areas. Aquifer recharge
areas are all areas delineated as being highly permeable, either at
the surface or in the substratum, which overlie or feed substantial
bodies of groundwater used for water supplies. Such soils are enumerated
in the Warren Township Master Plan Aquifer Recharge Map. Such survey
and map may from time to time be amended.
b.
Restrictions for aquifer recharge areas:
1.
Development shall not cause any reduction in the volume of groundwater
recharge occurring on the site in an undeveloped condition.
2.
The quality of water infiltrated to the water table or aquifer shall comply with relevant State and local water quality standards as set forth in N.J.S. 26:3B-2 and 3, Nuisances; N.J.A.C. 7:14, Water Pollution Control Act; N.J.A.C. 7:14A-1, New Jersey Pollution Discharge Elimination System; BH Chapter 2, § 2-11c, Public Health Nuisance Code; BH Chapter 5, Sewage Disposal Code; and BH Chapter 12, Water Supply Protection and Warren Township Board of Health regulations when more restrictive.
(a)
Where practicable, surface water runoff shall be directed in
such a manner as to travel over natural areas rather than across potentially
contaminated surfaces, such as paved areas.
(b)
Oil skimming or other available technology for mitigating oil
migration into the groundwater and settling of suspended solids shall
be provided for runoff from parking areas prior to release of natural
drainage as required by N.J.A.C. 7:14A-2 et seq. and regulations of
the Warren Township Board of Health as applicable.
(c)
Runoff from land uses producing discharges likely to contaminate
groundwater shall receive state-of-the-art treatment prior to release
to the natural drainage pursuant to N.J.A.C. 7:14A-1 et seq., Regulations
Concerning the New Jersey Pollutant Discharge Elimination System,
and regulations of the Warren Township Board of Health as applicable.
(d)
Hazardous substances must not be stored, treated or disposed
of on-site except in compliance with applicable State, Federal statutes,
and Warren Township Board of Health regulations.
(e)
Storage tanks. Any use involving new or existing underground
or aboveground storage tanks shall be permitted only in accordance
with standards and requirements of the Warren Township Board of Health.
[Ord. No. 93-24]
In order to satisfy itself that the applicant will comply fully
with all of the applicable performance standards, the Planning Board
or its designated representative may examine and refer to any or all
of the available standards, codes, regulations and requirements of
the Federal or State government, this Township, and recognized professional
organizations, associations and societies.
[Ord. No. 93-24]
In all cases, it is the obligation of the applicant to demonstrate
that the facility will be in conformation with the applicable performance
standards or other provisions of this chapter. Adequate testing procedures
and expert assistance shall be at the expense of the applicant.
[Ord. No. 93-24]
a.
Prior to the approval of any site plan, subdivision or variance for
new construction of nonresidential uses, sufficient information shall
be supplied to Township Construction Official, Zoning Officer, Planning
or Zoning Board, as applicable, concerning the proposed operation
of the premises so as to enable a determination to be made as to whether
or not the proposed use will be in compliance with the standards set
forth in the preceding sections of this chapter. The process of this
determination shall be known as use and occupancy review.
b.
If the occupant of a particular structure is not known at the time
of application, the property owner shall supply to the Zoning Officer
at such time as the occupant is known the above-required information.
In no case shall a certificate of occupancy be issued for any building
until such information is made available to the Zoning Officer and
a determination on compliance is made.
c.
Subsequent to the issuance of a certificate of occupancy and within
six months thereof the Zoning Officer shall inspect the premises to
determine that the use does, in fact, conform to the performance standards
set forth in this section. Should any official having inspection responsibility
for issuance of a certificate of occupancy find that the use does
not conform to any of the standards herein, a thirty-day notice for
compliance shall be sent to the user by the Zoning Officer. Failure
to correct deficiencies set forth in said notice within the time period
prescribed shall constitute prima facie evidence of noncompliance
with this subsection. Each day of noncompliance with said notice after
expiration of the time limits set forth therein shall constitute a
distinct and separate violation of this subsection.
d.
For the purpose of this subsection, any change of use of occupancy
of the structure from one use group to another as defined in the Uniform
Construction Code of the State of New Jersey shall be reviewed and
acted upon as if the structure were a new one.
e.
Periodic inspection by the Township may be authorized as a condition
of initial or continued occupancy.
[Ord. No. 93-24]
a.
Scope of Provisions. Off-street parking, unloading and service requirements
shall apply to all zones. No application for a building permit except
for single-family dwelling shall be approved unless there is included
with the plan for such building, improvement or use, a plot plan showing
the required space for off-street parking, unloading and service purposes.
An occupancy permit shall not be given unless the required off-street
parking, unloading and service facilities have been provided in accordance
with the approved plan.
b.
Duty to Provide and Maintain Off-Street Parking. The amount of off-street
parking as shown on the approved plans, shall not be reduced.
c.
Parking spaces for the physically handicapped shall be provided in
accordance with standards incorporated in the Barrier Free Design
Regulations, promulgated by the Division of Building and Construction,
Department of the Treasury, the State of New Jersey.
b.
Provisions for Proper Drainage and Maintenance. All off-street parking,
off-street loading and service facilities shall be so drained as to
prevent damage to abutting properties or public streets and shall
be constructed of materials which will assure a surface resistant
to erosion. All parking areas, aisles and loading areas open to the
general public shall be paved with six inches of stabilized base or
equivalent except that the Planning Board or Board of Adjustment may
waive paving in lieu of crushed stone or other material when such
is shown to substantially lessen surface runoff. This waiver shall
apply only to areas used for employee parking, on-site driveways not
connecting directly to the street and loading areas. All such areas
shall be, at all times, maintained at the expense of the owners thereof,
in a clean, orderly and dust-free condition.
c.
Separation from Walkways and Streets. All off-street parking, off-street
loading and service areas shall be separated from walkways, sidewalks
and streets by curbing or other protective device.
d.
Private Walks Adjacent to Business Buildings. A private walk, if
provided adjacent to a building, shall not be less than four feet
in width and shall be in addition to the other requirements of this
section.
e.
Buffer Required when Adjoining Property is Residential. Where off-street
parking, loading or service areas are proposed to be located closer
than 50 feet to a lot in any residential zoning district, or to any
lot upon which there exists a dwelling as a permitted use under these
regulations, and where such parking, loading or service areas are
not entirely screened visually from such lot by an intervening building
or structure, there shall be provided along the lot line a continuous
screen in accordance with applicable buffer and transition requirements
set forth in this chapter. No such screen shall extend nearer to a
street right-of-way line than 25 feet.
f.
Parking Space and Interior Driveway and Dimension Requirements.
|
Space Angle
(degrees)
|
Aisle Width
| |||
|---|---|---|---|---|
|
Minimum Space Width
(feet)
|
Minimum Space Depth
(feet)
|
One Way
(feet)
|
Two way
(feet)
| |
|
90
|
9.0
|
18.0
|
24
|
24
|
|
60
|
9.0
|
18.0
|
18
|
24
|
|
45
|
9.0
|
18.0
|
15
|
24
|
|
30
|
9.0
|
18.0
|
15
|
24
|
|
Parallel to aisle
|
9.0
|
22.0
|
15
|
24
|
g.
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.
h.
Size of Driveways. A driveway exclusive of curb return radii shall
be not less than 12 feet per lane nor more than 36 feet in width.
All two-way traffic driveways shall have a minimum width of 24 feet.
i.
Location of Curb Cuts. At the intersection of streets, a curb cut
shall be set back not less than 50 feet from the intersection of two
curb lines or such lines extended. Between the curb returns for any
two driveways serving the same property, there shall be at least 75
feet of curb.
j.
Off-Street Parking Space within Building. Garage space or space within
building, in basements or on the roofs of buildings, may be used to
meet the off-street parking requirements of this chapter, provided
each space is designated to serve as off-street parking space.
k.
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.
l.
Lighting for Night Use. Adequate lighting shall be provided if the
off-street parking facilities are used at night. If the parking facilities
abut residential land, the lighting shall be arranged and installed
so as not to reflect or cause glare on the abutting residential land
in accordance with provisions of performance standards.
m.
Required Off-Street Parking Area Shall Not be Reduced. No off-street
parking area shall be reduced in size or encroached upon by any building,
vehicle storage, loading or unloading, or any other use where such
reduction or encroachment will reduce the off-street parking and loading
spaces below that required by these regulations.
n.
Joint Parking Facilities. The off-street parking requirements for
two or more nonresidential neighboring uses of the same or different
types located on the same lot and within the same zoning district,
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 be compliance with
all other provisions of these regulations.
o.
Parking Provided on the Same Lot as Main Building. Except as provided
in the above paragraph n., all parking spaces for all uses shall be
provided on the same lot as the main building to be served by such
parking.
p.
Requirements for Combined Uses. The number of off-street parking
spaces required by land or buildings used for two or more purposes
shall be the sum of the requirements for the various individual uses.
q.
Sharing of Parking Facilities. Off-street parking facilities for
one use shall not be considered as providing the required facilities
for any other use, provided that 1/2 of the off-street parking spaces
required by any 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.
r.
Computing Number of Employees. For the purpose of this subsection,
the number of employees shall be computed on the basis of the maximum
number of persons to be employed at any one time taking into consideration
day, night and seasonal variations.
s.
Other Use of Off-Street Parking Space Prohibited. No off-street parking
or loading area shall be used for the sale, repair, dismantling, servicing
or storage of any vehicle, equipment materials or supplies.
t.
Size of Loading Berth. A loading berth shall be at least 12 feet
wide with at least 15 overhead clearance. The length of the loading
berth shall be 48 feet.
[Ord. No. 93-24]
a.
Parking stalls shall be marked by four inch painted lines.
b.
Parking areas shall be separated from on-site access roadways by
planted islands with a minimum width of 10 feet.
c.
Parking lots shall be curbed.
d.
Any parking area having 30 or more parking stalls must provide landscaped
island with a minimum width of eight feet.
e.
All parking areas shall be landscaped. No plants having mature height
of greater than 30 inches, except for shade trees, shall be planted
in parking lot islands or within required sight triangles.
f.
Any parking area with 50 or more parking stalls shall include a pedestrian
walkway of eight feet in width within the parking area. Walkways shall
have contrasting surface.
g.
All parking areas should be properly screened to prevent headlights
of vehicles within the area to shine directly onto adjoining properties.
Screens shall consist of earth berms, fencing and plantings. In the
event that a parking area abuts a residential use, conifer plants
shall be used, planted at five foot intervals and not less than five
feet in height, in addition to berming and fencing.
[Ord. No. 93-24; Ord. No. 04-30, § 1]
a.
Automobile and Gasoline Service Station. At least one space for each
service island and service bay, but in no case less than five spaces.
b.
Flower or Plant Nursery: Landscape Gardeners Business. At least one
space for every 1,000 square feet of the building area not used for
retail sales and one space for each 200 square feet of building area
used for retail sales.
c.
Church, Hospital or Other Structure of Public Congregation. One per
250 square feet of gross floor area, with a minimum of one per 3.0
persons' capacity.
d.
Commercial Uses.
1.
Grocery store, food market and supermarkets: one space per 175 square
feet of gross floor area.
2.
Delicatessen and bakery: one space per 200 square feet of gross floor
area excluding storage space not accessible to general public.
3.
Barber shop and beauty shops; three spaces for each beautician (barber)
station or one space for each 250 feet of gross floor area accessible
to general public, whichever the greater.
4.
Other commercial uses not specifically listed elsewhere in this section:
one space for each 200 square feet of gross floor area, finished for
occupancy and one space for each 400 square feet of unfinished storage
area.
e.
Residential.
|
Parking Requirements for Residential Land Usesa
| |
|---|---|
|
Housing Unit Type/Sizeb
|
Parking Requirement
|
|
Single-Family Detached
| |
|
2 bedroom
|
1.5
|
|
3 bedroom
|
2.0
|
|
4 bedroom
|
2.5c
|
|
5 bedroom
|
3.0
|
|
Garden Apartment
| |
|
1 bedroom
|
1.8
|
|
2 bedroom
|
2.0c
|
|
3 bedroom
|
2.1
|
|
Townhouse
| |
|
1 bedroom
|
1.8
|
|
2 bedroom
|
2.3c
|
|
3 bedroom
|
2.4
|
|
Retirement Community
|
Value shall be commensurate with the most appropriate housing
unit type and size noted above that the retirement community resembles
|
|
Assisted Living
|
0.5
|
|
Notes:
| ||
|---|---|---|
|
a
|
When determination of the required number of parking spaces
results in a fractional space for the entire development, any fraction
of 1/2 or less may be disregarded, while a fraction in excess of 1/2
shall be counted as 1 parking space.
| |
|
b
|
Requirements for attached units (apartment/condominium/townhouse)
include provisions for guest parking (0.5 spaces per dwelling unit).
Guest parking must either be provided for on street or in common parking
areas.
| |
|
c
|
If applicant does not specify the number of bedrooms per unit,
this parking requirement shall apply.
| |
|
Source:
|
Modified and adapted from U.S. Department of Commerce, Bureau
of the Census, Public use File-New Jersey (cross-tabulation of vehicles
by housing unit for units constructed 1975 to 1980).
| |
|
Source:
|
Table 4.4 Residential Site Improvement Standards.
| |
f.
Education and Training School or Institution: At least one space
for each employee including teachers and administration, plus one
space for each student or one space for each 100 square feet of classroom,
laboratories or other space used for instructional purposes.
g.
Eleemosynary or Philanthropic Institution: One space for each employee
or one space per one 150 square feet of gross floor area accessible
to the general public whichever the greater.
h.
Furniture and Hardware Store: One space for each employee plus one
space for each 350 square feet of gross floor area.
i.
Manufacturing Establishment: One space for each employee at the maximum
shift or one space per 250 square feet of gross floor area, whichever
the greater.
j.
Medical, Dental Practitioner's Office, Physical Therapist and Other
Licensed Medical Service Professionals: Five spaces for each professional
person, plus an additional space for each 200 square feet of gross
floor.
k.
Mortuary or Funeral Home: One parking space for each five seats in
the chapel, one additional space for each residential family and one
additional space for each funeral vehicle or one space for each 200
square feet of floor area, whichever the greater.
l.
Hotel or Motel: One space for each room, plus one space for each
employee and one space per 300 GFA for conference and restaurant areas.
m.
Office Building, Professional Building or Similar Uses: For uses
not specified elsewhere:
|
Square Feet
|
Spaces/SF
|
|---|---|
|
0 — 50,000
|
5.0 spaces/1,000 sf
|
|
50,001 — 100,000
|
4.5 spaces/1,000 sf
|
|
100,000 or greater
|
4.0 spaces/1,000 sf
|
n.
Recreation Indoor Exercise, Commercial, Other Than a Theater: One
space for each 150 square feet of exercise floor area.
o.
Restaurant: At least one space for each three seats provided for
patron use, or one space for each 75 square feet of retail space exclusive
of utility rooms, bathroom(s) and kitchen, whichever the greater.
p.
Shopping Center: 5.0 spaces for 1,000 square feet of floor area or
fraction thereof.
q.
Swimming Pool and/or Membership Recreation Facility Profit: One parking
space per two family memberships or if no membership is required,
one space per 1,000 square feet of developed recreation area.
r.
Theater: One parking space per four seats where the theater parking
lot is contiguous with and shared with a parking lot of three or more
other commercial facilities; one per three seats, if use is located
by itself.
s.
Warehouse: One space per 5,000 square feet of storage area, plus
one space for each employee or five spaces, whichever the greater.
[Ord. No. 93-24]
a.
Industrial and wholesale uses shall provide a plan clearly demonstrating
that the following requirements can be satisfied:
|
Square Feet of Buildings
|
No. of Loading Berths
|
|---|---|
|
2,500 - 40,000 square feet
|
1
|
|
40,001 - 100,000 square feet
|
2
|
|
100,001 - 160,000 square feet
|
3
|
|
160,001 - 240,000 square feet
|
4
|
|
240,001 - 320,000 square feet
|
5
|
|
320,001 - 400,000 square feet
|
6
|
|
Each 90,000 feet above 400,001 square feet
|
1 Additional
|
b.
Office building or hotel with a gross usable floor area of 100,000
square feet or more devoted to such purposes: one loading berth for
every 100,000 square feet of floor area.
c.
Retail operation and all first floor nonresidential uses with a gross
floor area of more than 3,000 square feet and less than 20,000 square
feet, and all wholesale and light industrial operations with a gross
floor area of less than 10,000 square feet; one loading space in accordance
with the provisions of this subsection.
d.
Retail operation, including restaurant and dining facilities within
hotels and office buildings, with a gross usable area of 20,000 square
feet or more devoted to such purposes: one loading berth for every
20,000 square feet of floor area.
[Ord. No. 93-24]
The Board may waive up to 50% of the required parking spaces
if an applicant clearly documents through employment records or other
means that a waiver is warranted, provided that an area equal to the
spaces required for such parking shall be reserved at the site in
conformance with the requirements of this chapter.
The Board may waive a portion or all of the loading space requirements,
if an applicant clearly demonstrates use and activity warrants such
waiver.
[Ord. No. 93-24]
All signs hereafter erected or maintained except official traffic
and street signs shall conform with the provisions of this chapter
and the Uniform Construction Code of the Township of Warren. Any sign(s)
not specifically permitted is hereby prohibited.
a.
Permits Required. It shall be unlawful for any person to erect or
structurally alter any sign without first obtaining a permit and making
payment of the fee required by the Construction Code of the Township
of Warren. The erection or relocation of a free-standing sign as defined
herein shall require minor site plan submission prior to issuance
of any permit.
b.
Reference to Zoning Districts. Except as otherwise provided, no outdoor
sign or other form of exterior advertising shall be erected or maintained
unless the sign complies with the requirements established for the
zoning district in which the sign is located.
[Ord. No. 93-24; Ord. No. 2016-15]
The following words and phrases shall have the meanings ascribed
to them by this subsection.
a.
SIGN — Shall mean a name, identification, description, display
or illustration which is affixed to, or printed to, or represented
directly or indirectly upon a building, structure or parcel of land,
and which directs attention to a person, institution, organization,
activity, place, object or product of business, provided that the
display of public notices, the flag, emblem or insignia of the United
States of America, political unit, temporary signs or temporary display
in connection with a charity drive for contributions shall not be
considered signs under the provisions of this section.
b.
ANIMATED SIGN — Shall mean a sign which has its illumination
maintained at a constant intensity at the source of illumination,
and the animation created by means other than the increase or decrease
of said intensity at its source.
c.
BUSINESS SIGN — Shall mean a sign which directs attention to
a business, industry, profession, commodity, service or entertainment
sold or offered upon the same premises where such sign is located.
d.
DIRECTIONAL SIGN — Shall mean signs containing directional
information about public places owned or operated by Federal, State
or local governments or their agencies; publicly or privately owned
natural phenomena, historic, cultural, scientific, educational and
religious sites; and areas of natural beauty or naturally suited to
outdoor recreation.
e.
ERECT — Shall mean to construct, build, raise, assemble, place,
affix, attach, create, paint, draw or in any other way bring into
being or establish, but it shall not include any of the foregoing
activities when performed as an incident to the change of advertising
message or normal maintenance or repair of a sign or sign structure.
f.
FLASHING SIGN — Shall mean a sign, the illumination of which
is not kept constant in intensity at all times when in use.
g.
INDIRECTLY ILLUMINATED SIGN — Shall mean any illuminated sign
whose illumination is derived from an external artificial source.
h.
MARQUEE — Shall mean a permanent roof-like shelter extending
from part or all of a building face.
i.
NAMEPLATE SIGN — Shall mean a sign which states the name or
address or both of the occupant of the lot where the sign is located.
j.
OUTDOOR ADVERTISING SIGN (BILLBOARD) — Shall mean a sign which
directs attention to a business, industry, profession, commodity,
service or entertainment not necessarily sold or offered upon the
premises where the sign is located.
k.
PROFESSIONAL SIGN — Shall mean a sign listing only the name
and profession of the practitioner.
l.
PROJECTING SIGN — Shall mean a sign which is attached to the
building wall and extends more than 18 inches from the face of such
wall.
m.
ROOF SIGN — Shall mean a sign constructed or supported upon
the roof of any building or structure.
n.
REVOLVING SIGN — Shall mean a sign which moves in any manner
by mechanical means.
o.
SIGN AREA — Shall mean the entire area within a continuous
perimeter enclosing the limits of the actual message or copy area.
It does not include any structural elements outside the limits of
the sign surface and not forming an integral part of the display.
For projecting or double-faced signs, where the sign faces are parallel,
the sign area of only one display face shall be measured in computing
total sign area.
p.
TEMPORARY SIGN — Shall mean a sign which is intended to advertise community or civic projects, real estate for sale or lease, or other special events on a temporary basis. Temporary signs advertising community or civic projects or other special events shall be permitted for a maximum of 30 days. Except for real estate and Warren Township-based nonprofit and charitable organization community or civic projects or events, all temporary signs shall require a zoning permit. (See subsection 16-25.6e.) Banners shall only be permitted as set forth in herein.
q.
WALL SIGN — Shall mean a sign which is attached to the wall
of a building with the face in a plane parallel to such wall and not
extending more than 18 inches from the face of the wall.
[Ord. No. 93-24; Ord. No. 95-1 § 1; Ord. No. 98-26, § 1; Ord. No. 2016-15 § 3]
The provisions and regulations of this section shall not apply
to the following signs:
a.
Professional nameplate signs indicating the name and profession of
the occupant of a dwelling, provided such signs do not exceed two
square feet. Said signs shall not be lighted between the hours of
9:00 p.m. and 8:00 a.m.
b.
Temporary signs inside windows of commercial establishments not covering
more than 25% of any given window.
c.
Temporary signs of nonprofit and charitable organizations (excluding banners as authorized herein), provided that such signs do not exceed 32 square feet. Said signs shall be removed within 10 days after completion of said event or function. The provisions of subsections 16-25.4 and 16-25.5 shall apply to the aforesaid signs, except for banner signs.
d.
Bulletin boards not over 16 square feet in area for public, charitable
or religious institutions when same are located on the premises of
said institutions and located 25 feet from any lot line.
e.
Signs denoting the architect, engineer or contractor when placed
upon work under construction, and not exceeding 16 square feet in
area. Said signs to be removed within 10 days of issuance of certificate
of occupancy. Such sign shall be located no less than 10 square feet
from any property line.
f.
Memorial signs or tablets, names of buildings and dates of construction
when cut into any masonry surface or when constructed of bronze or
other incombustible metal.
g.
Signs indicating a political preference for a person and/or political party seeking election provided such signs do not exceed 16 square feet in area on any one side. Said signs to be removed within 10 days after the completion of the election. The provisions of subsections 16-25.4 and 16-25.5 shall apply to the aforesaid signs.
i.
On site real estate or lease signs not exceeding six square feet in area and off site real estate sales/directional signs not exceeding six square feet in area, when erected and maintained in accordance with the requirements set forth in subsection 16-25.7d. The provisions of subsections 16-25.4 and 16-25.5 shall apply to the aforesaid signs.
[Ord. No. 93-24; Ord. No. 2016-15 § 2]
a.
No sign shall be erected, used or maintained which in any way simulates
official, directional or warning signs erected or maintained by the
State of New Jersey, by any County or municipality thereof, or by
any public utility or similar agency concerned with the protection
of the public health or safety.
b.
No neon sign or similar illustrated advertisement shall be of such
color or located in such a fashion as to diminish or detract in any
way from the effectiveness of any traffic signal or similar safety
or warning device.
c.
The following advertisements are specifically prohibited: any advertisement
which uses a series of two or more signs placed in a line parallel
to the highway or in similar fashion all carrying in a single advertisement
message, part of which is contained on each sign.
d.
No signs shall have flashing lights or exposed high flashing lights
or exposed high intensity illumination.
e.
No sign may obstruct any windows, door, fire escape, stairway or
opening intended to provide light or ingress and egress to or from
any building or structure.
f.
No sign may be placed in such a position to cause a danger to traffic
by obscuring visibility.
g.
No banners, pinwheels or similar signs shall be permitted, except
that a banner may be permitted only for events sponsored by Warren
Township, or at the discretion of the Township Committee as authorized
by Resolution.
[Ord. No. 93-24; Ord. No. 2016-15 § 3]
a.
Billboards, outdoor display structures and signs mounted on trailers,
platforms and atop vehicle(s).
b.
Signs projecting more than three feet from the wall of a building
and all roof signs.
c.
Signs visible from the street using the word "Stop" or "Danger" or
any other word, phrase, symbol or character with the effect of simulating
a public safety warning or traffic sign.
d.
Signs other than officially authorized signs or temporary banners
of a Warren Township-sponsored event tacked, pasted, painted or otherwise
attached to poles, posts, trees, fences, sidewalks or curbs.
e.
Exterior signs using animated display except for clocks and weather
information.
f.
No sign other than official traffic control devices or street signs
shall be erected within, or encroach upon, the right-of-way of any
street.
g.
Rotating or moving by mechanical means signs.
[Ord. No. 93-24]
a.
Illumination. All signs shall be shielded to prevent the direct rays
of illumination from being cast into adjoining property and approaching
vehicles.
b.
Location. No sign shall be located in a required buffer area.
c.
Nonconforming Signs. Nonconforming signs shall not be enlarged, relocated,
altered, rebuilt, and further provided that failure to keep signs
in good repair for a period of six consecutive calendar months shall
constitute abandonment and such sign may not then be replaced or rehabilitated
and must be removed by the owner.
d.
Maintenance of Signs. Any sign that is or shall become dangerous
or unsafe in any manner whatsoever shall be repaired and made safe
or shall be removed.
[Ord. No. 93-24; Ord. No. 95-1 § 2]
a.
Signs not exceeding one square foot for driveway entrances and exits
or for warning or directional purposes. No such signs shall show any
type of commercial identification or advertising.
b.
Identification signs for schools, churches or similar public or quasi-public
institutions, clubs, lodges, farms, estates or similar uses provided
the area of such signs does not exceed 12 square feet. No such sign
shall be located closer than 25 feet to a lot line.
c.
Signs advertising the sale of products from a farm as defined in
this chapter, when the products are grown or raised on the premises,
provided the area of such signs does not exceed 32 square feet. No
such sign shall be located less than 25 feet from the edge of pavement
or 10 feet from a lot line, whichever the greater.
d.
One unlighted real estate sign, not over six square feet in area,
advertising the sale or lease of the building or lot upon which the
sign is maintained, provided that the same is removed immediately
upon the execution of a contract relative to the sale or lease of
the said property. One unlighted garage sale sign, not over six square
feet in area, advertising a garage sale for a period not to exceed
five days upon the lot which the sign is maintained, provided that
same is removed immediately upon the end of the garage sale.
The Zoning Officer may allow, on a individual basis and upon
showing of substantial need, a limited number of unlighted real estate
sale or lease, directional signs, and garage sale signs not over six
square feet in area, to be placed at location approved by the Zoning
Officer and for limited periods of time as also approved by the Zoning
Officer.
e.
The maximum height of any ground (a/k/a free-standing) sign shall
not exceed six feet.
[Ord. No. 93-24; Ord. No. 95-1 § 3]
a.
A sign shall identify only the business or use conducted on the premises
except that one directory ground sign in addition to business or use
identity sign shall be permitted in accordance with paragraphs e through
g below and that the height of a directory sign shall not exceed 10
feet.
b.
Sign(s) attached to a wall shall not exceed five feet in height nor
50% of the width of the wall to which attached.
c.
Signs attached to a wall of a building shall not exceed 10% of the
area of wall. No one sign shall exceed 100 square feet in area.
d.
The maximum height of any ground sign shall not exceed 18 feet above
the ground level or the height of the principal building, whichever
the lesser.
e.
Ground signs shall not exceed 50 square feet in area and shall be
limited to one per lot except for corner lots, for which one sign
per street frontage will be allowed provided the total street frontage
exceeds 300 feet.
f.
No ground sign shall be located closer to a lot line than 10 feet
or the height of the ground sign, whichever the greater.
g.
No ground sign shall be permitted in a side or rear yard area.
h.
One unlighted real estate sign, not over six square feet in area,
advertising the sale or lease of the building or lot upon which the
sign is maintained, provided that the same is removed immediately
upon the execution of a contract relative to the sale or lease of
the said property. One unlighted garage sale sign, not over six square
feet in area, advertising a garage sale upon the lot which the sign
is maintained, provided that same is removed immediately upon the
end of the garage sale.
The Zoning Officer may allow, on a individual basis and upon
showing of substantial need, a limited number of unlighted real estate
sale or lease, directional signs, and garage sale signs not over six
square feet in area, to be placed at locations approved by the Zoning
Officer and for limited periods of time as also approved by the Zoning
Officer.
[Ord. No. 93-24; Ord. No. 95-1 § 4]
For violation and conviction of any provision of this section
the fine shall be:
$25 for first time offenders;
$50 for second time offenders;
Up to $500 for third time offenders at the discretion of the
Municipal Court Judge.
[Ord. No. 95-1 § 5]
This Section 16-25 shall be administered by the Township Zoning Officer and enforced by the Township Zoning Officer and the Township Police. The removal of any signs violating the within section shall be accomplished by the Township Zoning Officer, the Township Police Officers and/or their designee. All signs confiscated by the Township shall become Township property. A confiscated sign, at the option of the Township Zoning Officer, may be returned to its owner.
[Ord. No. 93-24]
This chapter shall be administered and enforced by the Township
Zoning Officer. Township Construction Official, Township police officers,
the Township Engineer, assistant Township Engineer, Engineering Department
inspectors, Plumbing Subcode Official, Plumbing Inspector, Fire Subcode
Official, Fire Official Inspector, Health Officer and Sanitarian shall
report any zoning violations which they observe to the above enforcement
officials. In no case shall a permit be granted for the construction
or alteration of any building where the proposed construction, alteration
or use thereof would be in violation of this chapter. It shall be
the duty of the Zoning Officer and the Construction Official, or their
duly authorized assistants to cause any building plans or premises
to be inspected or examined and to order in writing the remedying
of any conditions found to exist in violation of any provision of
this chapter, and the said parties shall have the right to enter any
building or premises in the course of "their duties.
[Ord. No. 10-03, § 1]
Each of the following types, categories or classes of cases
may be prosecuted by the Township Prosecutor and/or Township Attorney
in the Warren Township Municipal Court by the filing therewith of
a summons by the Zoning Officer, the Township Engineer or their designees:
a.
Violation of any site plan or subdivision approval granted by either
the Warren Township Zoning Board of Adjustment ("Zoning Board") or
the Warren Township Planning Board ("Planning Board"), including the
failure or refusal to comply with (i) any details set forth in the
approved plans, or (ii) any condition or conditions of approval as
set forth in the approving board's resolution; or
b.
Violation of any "d" variance approval granted by the Zoning Board;
or
c.
Violation of any "c" variance granted by the Zoning Board or Planning
Board; or
d.
Violation of any easement granted to or running in favor of the Township
of Warren or to any other municipal entity, body or board; or
e.
Violation of any court order (including a consent order) issued by
the Judge of any court of competent jurisdiction relative to any land
use or land development case or controversy; or
f.
Violation of any zoning agreement entered into between the Township
and any property owner; or
g.
Violation of any agreement between the Township and a named defendant
which was entered into a resolve a Municipal Court Zoning case; or
h.
Violation of any requirement under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. relative to any land within the Township of Warren.
[Ord. No. 93-24; Ord. No. 03-23 § 12]
a.
Zoning Permits. Zoning permits shall hereafter be secured from the Zoning Officer prior to the issuance of a Building Permit for the construction, erection, moving or alteration of a structure, fence or sign or part of a structure or upon a change in the use as defined by the Uniform Construction Code of the State of New Jersey of a structure or land. A fee, as per schedule in Chapter 15, Section 15-5, shall be paid to the Township of Warren prior to issuance of the permit.
b.
Special Use Permits. It is recognized that it may be in accordance
with the purpose of this chapter to permit activities for a limited
period of time not to exceed one week, which activities may be prohibited
by any other provisions of this chapter. If such uses are of such
a nature and are so located that at the time of petition they will:
(1) in no way exert a detrimental effect upon the uses of land and
activities normally permitted in the district; and (2) contribute
materially to the welfare of the Township at the time and place involved,
then the Township Committee may grant a special use permit of such
activity and no other action shall be required by the sponsors, agents
or other in receipt of such special use permit. The Township Committee
may refer such request to any agency, department or board prior to
decision.
c.
Special Events Permit. All outdoor events conducted by any nonresidential
user in the Township (examples of such users are, but shall not be
limited to: stores, offices, banks, restaurants, churches, synagogues
and other places of worship, Elks, American Legion, nonpublic schools
and the like) shall be required to obtain a special events permit
from the Warren Township Committee to ensure adequate provisions are
made for public health and safety for any events for which it is anticipated
that 100 or more people will attend. Application for such permit shall
be made through the Township Clerk. A fee of $25 shall accompany the
application (the fee shall be waived for all nonprofit entities).
The said permit will address the control or provision of: noise impacts,
traffic control, parking, toilet/sanitary facilities, security, lighting,
crowd control and the like. The Township Committee may refer a request
to any Township agency, department or board for review and advice
prior to issuing a special events permit. Exempted from the provisions
of this paragraph shall be public school properties, Township properties,
fire and rescue squad properties and catering/restaurant/camp/swim
club type businesses which generally conduct their operations outside,
and outdoor seasonal store sidewalk sales.
d.
Certificates of Occupancy. Certificates of occupancy shall be issued
by the Construction Official in the manner prescribed. A new certificate
of occupancy shall be required for any change in use as defined by
the Uniform Construction Code of the State of New Jersey.
e.
Notice of Violation. On the serving of notice by the Zoning Officer
to the owner of any violation of any of the provisions or requirements
with respect to any building or use thereof or of land, as specified
in this chapter, the certificate of occupancy for such use shall be
deemed to be in violation of this chapter and subject to the penalties
hereafter prescribed. A new certificate of occupancy shall be required
for any further use of such building or land.
[Ord. No. 93-24]
a.
It shall be the duty of the Zoning Officer to keep a record of all
permits issued, and a record of all certificates of occupancy which
the Zoning Officer countersigns, together with a notation of all special
conditions involved. He shall file and safely keep copies of all plans
submitted and the same shall form a part of the records of his office
and shall be available for the use of the Township officials.
b.
The Zoning Officer shall prepare a monthly or quarterly report for
the Township Committee summarizing for the period since the last previous
report all zoning permits issued and certificates countersigned and
all complaints of violations and the action taken consequent thereon.
A copy of each such report shall be filed with the Township Tax Assessor
at the same time it is filed with the Township Committee.
[Ord. No. 93-24]
a.
In the event, in addition to any other remedies provided by law, a developer fails to construct and sell or rent its required low and moderate income housing in accordance with the provisions of its final development approval and Section 16-6 of this chapter, the developer shall be subject to a revocation of its development permit, cessation of issuances of certificates of occupancy until the development is brought into compliance, and/or be subject to the penalties contained in Section 16-27 of this chapter.
b.
Developers seeking final approval for projects containing low and
moderate income dwelling units shall certify that information and
data contained on all subdivision and/or site plan review application
forms is true and complete, and if not true and complete, the developer
shall be subject to criminal prosecution under N.J.S.A. 2c:28-2 and
also the Township, at its option, may declare all subsequent approvals
associated with the subject project or development void and unenforceable.
c.
Developers seeking final approval hereunder for projects containing low and moderate income dwelling units shall provide a declaration of covenants and restrictions in a form acceptable to the Township Attorney including, but not limited to, provisions to assure that the initial sales or rental of dwelling units are in accordance with the requirements of this subsection, Section 16-6 and applicable sections of the Township's Land Development Ordinance dealing with such housing.
[Ord. No. 05-34 § 2]
All persons must comply with the provisions of Section 8-10 of the Revised General Ordinances of the Township of Warren.
[Ord. No. 93-24]
Any owner or agency and any person or corporation, who shall
violate any of the provisions of this chapter or fail to comply therewith
or with any of the requirements thereof, or who shall erect, structurally
alter, enlarge, rebuild or move any building or buildings or any structure
or who shall put into use any lot or land in violation of any detailed
statement or plan submitted and approved hereunder, shall be guilty
of a violation.
The owner of any building or structure, lot or land or part
thereof, where anything in violation of this chapter shall be placed,
and any architect, builder, contractor, agency, person or corporation
employed in connection therewith and who may have assisted in the
commission of any such violation shall be guilty of a separate violation.
[Ord. No. 93-24; Ord. No. 08-24 § 3]
For violation of any provision of this chapter or any other
ordinance of the Township where no specific penalty is provided regarding
the section or sections violated, the maximum penalty, upon conviction
shall be a fine not exceeding $2,000, or imprisonment for a period
not exceeding 90 days, or both; or a period of community service not
exceeding 90 days. Also, any person or other entity who is convicted
of violating an ordinance within one year of the date of a previous
violation shall be sentenced to an additional fine as a repeat offender.
The additional fine imposed upon a person or other entity for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the ordinance, but shall be calculated separately
from the fine imposed for the violation of this chapter or said ordinance
(N.J.S.A. 40:49-5).
[Ord. No. 93-24]
Except as otherwise provided, each and every day in which a
violation of any provision of this chapter or any other ordinance
of the Township exists shall constitute a separate violation.
[Ord. No. 93-24]
The maximum penalty stated in this section is not intended to
state an appropriate penalty for each and every violation. Any lesser
penalty, including a nominal penalty or no penalty at all, may be
appropriate for a particular case or violation.
[Ord. No. 93-24]
The Township Committee may prescribe that, for the violation
of any particular code provision or ordinance, at least a minimum
penalty shall be imposed which shall consist of a fine which may be
fixed at an amount not exceeding $100 (N.J.S.A. 40:49-5).
[Ord. No. 93-24]
A protest pursuant to N.J.S.A. 40.55D-63 against any proposed
amendment or revision of a Zoning Ordinance may be filed with the
Township Clerk, signed by the owners of 20% or more of the area either
(1) of the lots or land included in such proposed change, or (2) of
the lots or land extending 200 feet in all directions therefrom inclusive
of street space, whether within or without the Township. Such amendment
or revision shall not become effective following the filing of such
protest except by the favorable vote of 2/3 of all members of the
Township Committee of Warren.
[Ord. No. 93-24]
If any article, section, subsection, sentence, clause or phrase
of the chapter is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this chapter
and they shall remain in full force and effect.
[Ord. No. 93-24]
[Ord. No. 93-24]
This chapter shall be known and may be cited as the Zoning Ordinance
of the Township of Warren.
[Ord. No. 93-24]
This chapter shall take effect upon final passage and according
to law.
