Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 7-1976, 10-1977, 11-1977, 10-1978, 12-1978, 5-1979,
8-1979, 1-1981, 2-1981, 4-1981, 4-1982, 9-1982, 4-1983, 4-1985, 14-1985,
16-1985, 8-1986, 13A-1986, 19A-1986, 25-1986, 27-1986, 1-1987, 4-1987,
11-1987, 17-1987, 18-1987, 8-1988, 1-1989, 2-1989, 9-1989, 14-1989,
17-1990, 18A-1990, 5-1993 and 10-1995.
[Ord. #006-2002, § 2]
A comprehensive Chapter regulating and limiting the uses and
development of land and the uses and locations of buildings and structures;
regulating and restricting the height and bulk of buildings and structures
and determining the area of yards, courts and other open spaces; regulating
and restricting the density of population; dividing the Township into
districts for such purposes; adopting a map of the Township showing
boundaries and the classification of such districts; establishing
a Planning Board and a Board of Adjustment; and prescribing penalties
for the violation of its provisions.
[Ord. #006-2002, § 2]
The short form by which this chapter may be known shall be "The
Zoning Chapter of the Township of Upper".
[Ord. #006-2002, § 2]
This Chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq.,
in order to promote and protect the public health, safety, morals
and general welfare:
a.
To ensure that the development of the Township does not conflict
with the development and general welfare of neighboring municipalities,
the County and the State as a whole;
b.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, and preservation of the environment;
c.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
d.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements;
e.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
f.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
g.
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land;
h.
To promote orderly development of the Pinelands Area so as to preserve
and protect the significant and unique natural, ecological, agricultural,
archaeological, historic, scenic, cultural and recreational resources
of the Pinelands, and to implement the goals and objectives of the
Pinelands Comprehensive Management Plan.
[Ord. #006-2002, § 2]
The provisions of this chapter shall be held to be minimum requirements.
Where this chapter imposes a greater restriction than is imposed or
required by other provisions of law or by other rules or regulations
or resolutions, the provisions of this chapter shall control. Where
other laws, rules, regulations or resolutions require greater restrictions
than are imposed or required by this chapter, the provisions of such
other laws, rules, regulations or restrictions shall control.
[Ord. #006-2002, § 2; Ord. #009-2007, § 2]
a.
All uses not expressly permitted in this chapter are prohibited.
b.
The following uses are expressly prohibited in all zones and zoning
districts in the Township.
1.
Adult activities, including but not limited to uses commonly referred
to as adult book stores, adult movies, adult entertainment and massage
parlors.
2.
Drug paraphernalia shop, commonly referred to as "head" shops, except
persons registered with the State Health Commissioner or referred
to in N.J.S.A. 24:21-10.
3.
Junk yards and automobile salvage.
4.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in § 3 of
P.L. 2021, c. 16[1], but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 5-10-2021 by Ord. No. 011-2021]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
c.
Home occupations are expressly prohibited in the "R," "R2," "MH"
and "RC" zoning districts in the Township.
d.
Private residential pools are expressly prohibited in the "RR" and
"RC" zoning districts in the Township.
[Ord. #006-2002, § 2]
All requirements shall be met at the time of erection, enlargement,
alteration, moving or change in use of the principal use and shall
apply to the entire structure or structures whether or not the entire
structure or structures were involved in the erection, enlargement,
alteration, moving or change in use.
[Ord. #006-2002, § 2; Ord. #001-2004, § 3;
Ord. #009-2007, § 2; Ord. #008-2011; Ord. #014-2012; Ord.
#002-2013; Ord. #011-2013 § 2; Ord. #004-2015 § 3;
amended 8-9-2021 by Ord. No. 013-2021]
For the purposes of this chapter, certain phrases and words
are herein defined as follows: Words used in the present tense include
the future; words used in the singular number include the plural number
and vice versa; the word "used" shall include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used; the word "lot" includes the words "plot," "premises" and "tract;"
the word "building" includes the words "structure," "dwelling" or
"residence;" the word "shall" is mandatory and not discretionary.
Whenever a term is used in this chapter which is defined in N.J.S.A.
40:55D-1, et seq., such term is intended to have the meaning as defined
in that act, unless specifically defined to the contrary in this chapter.
Any word or term not defined herein shall be used with a meaning of
standard usage.
Shall mean a building, structure or use which is customarily
associated with and is subordinate in area, extent and purpose and
incidental to the principal building, structure or use and which is
located on the same lot therewith. An accessory building attached
to the principal building shall comply in all respects with the requirements
applicable to the principal building.
Shall mean a bookstore, newsstand, or book department in
which a substantial or significant portion of its stock in trade is
in books, magazines and other written or pictorial matter which describe,
depict or relate to "specified anatomical areas" or "specified sexual
activities" as defined herein.
Shall mean an establishment which shall offer for viewing
dancers, strippers, nude or semi-nude entertainers or persons engaging
in or exhibiting "specified anatomical areas" or "specified sexual
activities" as defined herein.
Shall mean an establishment which shall offer for viewing
on the premises for a fee in coin operated viewing devices, or regular
projection theater, or other form of display, any movie, television
projection or other display which has substantial or significant displays
of "specified anatomical areas" or "specified sexual activities" as
defined herein.
Shall mean a comprehensively designed residential development
containing residential dwellings to be occupied by persons 55 years
of age or older, as further defined under the U.S. Fair Housing Act,
as amended, with passive and active recreation facilities to be provided
by the developer for the sole use by the residents and their guests.
Shall mean the elevation shown on a community's Advisory
Flood Hazard Map that indicates the advisory stillwater elevation
plus wave effect (ABFE = SWEL + wave effect) resulting from a flood
that has a 1% or greater chance of being equaled or exceeded in any
given year.
Shall mean the land in the floodplain within a community
subject to flooding from the 1% annual chance event depicted on the
Advisory Flood Hazard Map.
Shall mean the official map on which the Federal Emergency
Management Administration has delineated the areas of advisory flood
hazards applicable to the community.
Shall mean a housing unit that provides a sales price or
rent within the means of a low- or moderate-income household as defined
in N.J.A.C. 5:94-7. Low income means households with a gross household
income equal to 50% or less of the median gross household income and
moderate income means more than 50% but less than 80% of the median
gross household income for households of the same size within the
housing region in which the household is located.
Shall mean any change in or additions to the supporting members
of a building such as walls, columns, beams, girders, posts or piers,
or in the dimensions or configurations of the roof or exterior walls.
Shall mean the land in the floodplain within a community
subject to a 1% or greater chance of flooding in any given year. It
is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99,
or AH.
[Amended 10-28-2019 by Ord. No. 016-2019]
Shall mean a facility which is licensed by the Department
of Health to provide apartment-style housing and congregate dining
and to assure that assisted living services are available when needed
by its residents. Apartment units must include, at a minimum, an unfurnished
room, a private bathroom, a kitchenette and a lockable door on the
unit entrance. Assisted living residence shall also include facilities
that provide skilled care and nursing home care.
Shall mean a coordinated array of supportive personal care
services and health care services available 24 hours per day to residents
who have been assessed to need these services, to promote resident
self-direction and participation in decisions that emphasize independence,
individuality, privacy, dignity and homelike surroundings.
Shall mean the flood having a 1% chance of being equaled
or exceeded in any given year.
Shall mean the flood elevation shown on a published Flood
Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM).
For Zones AE, AH, AO, and A1-30 the elevation represents the water
surface elevation resulting from a flood that has a 1% or greater
chance of being equaled or exceeded in any given year. For Zones VE
and V1-30 the elevation represents the stillwater elevation (SWEL)
plus wave effect (BFE = SWEL + wave effect) resulting from a flood
that has a 1% or greater chance of being equaled or exceeded in any
given year.
[Amended 10-28-2019 by Ord. No. 016-2019]
Shall mean a story having more than 25% of its clear height
below the average finished contact grade along the outside walls of
the building.
Shall mean any structure or portion thereof on which lettered
or pictorial matter is displayed for advertising purposes other than
that on a building or its grounds, giving the name and occupation
of the user of the premises, the nature of the business conducted
therein or the products primarily sold or manufactured therein; except
that in the Pinelands Area any sign advertising agricultural commercial
establishments shall not be considered a billboard.
Shall mean for:
State Highways the line along the Desirable Typical Section
(DTS) as defined in the New Jersey State Highway Access Code (N.J.A.C.
16:47).
County roads shall mean the line along the proposed right-of-way
standards for the road classification as shown in the Cape May County
Transportation Plan.
Local roads shall be 36 feet from the centerline of the road.
Any structure or extension therefor or addition thereto having
a roof supported by such things as columns, posts, piers or walls
intended for the shelter, business, housing or enclosing of persons,
animals or property. Open, uncovered decks or raised patios more than
18 inches above grade are considered parts of the building. For purposes
of permitted encroachments, any overhangs, soffits, chimney, bay windows
or similar structure that extends more than 18 inches beyond the face
of the building shall be considered parts of the building.
[Ord. #004-2015 § 3; amended 5-26-2020 by Ord. No. 005-2020]
The square footage or other area measurement by which all
buildings occupy a lot as measured on a horizontal plane around the
periphery of the foundations and including the area under the roof
of any structure supported by columns, but not having walls, as measured
around the outside of the outermost extremities of the roof above
the columns. In the RR district, open decks, up to 200 square feet,
as defined herein, are exempt from building coverage and shall be
included in lot coverage. The area of any open deck over 200 square
feet shall be included in building coverage.
[Amended 5-26-2020 by Ord. No. 005-2020]
The vertical distance measured to the highest point from the mean elevation of the finished grade five feet away from the foundation along the side(s) of a building facing a street or a street line, whichever is closer to the foundation. On a corner lot, the height shall be measured on the street having the greatest slope. In all cases where this chapter provides for height limitations by reference to specified height the intent is to limit height to the specified maximum footage. Properties located in the special flood hazard area or the advisory flood hazard area shall have the height measured from the flood protection elevation. Properties in the "RR" and "RC" Zoning Districts shall be limited to two habitable stories above the flood protection elevation except as provided in Subsection 20-4.5b2(d)(iii).
[Amended 5-26-2020 by Ord. No. 005-2020]
Shall mean:
A self-propelled, vehicular structure built as one unit on a
chassis and designed for temporary living for travel, recreation,
vacation or other short-term uses and which may contain cooking, sleeping
and sanitary facilities;
An immobile structure containing cooking and sleeping facilities
for travel, recreation, vacation or other short-term use and designed
to be attached to the body of another vehicle for transporting from
one location to another;
A portable, vehicular structure built on a chassis, designed
for camping, the body of which is basically rectangular with a flat
top not more than four feet above the surface of the ground. The camper
is designed to have a temporary tent erected above the four-foot level
for camping activities;
A vehicular, portable structure built on a chassis, designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses and having an outside body width not exceeding 12
feet and an outside body length not exceeding 35 feet, and which may
contain cooking, sleeping and sanitary facilities.
Shall mean a parcel of land upon which two or more campsites
are located, established, or maintained for temporary living quarters
for children and/or adults for recreation or vacation purposes. Campsites
shall include land designated to accommodate any tent or camper.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
[Added 11-28-2022 by Ord. No. 026-2022]
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 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.
Shall mean a development technique based on a gross dwelling
unit density for the entire tract in the zoning district in which
it is located, and allowing the lot sizes for detached dwellings to
be reduced or individual segments to have higher densities so long
as the gross density is not exceeded.
Shall mean the portion of the special flood hazard area (SFHA)
starting from a Velocity (V) Zone and extending up to the landward
limit of the moderate wave action delineation. Where no V Zone is
mapped the Coastal A Zone is the portion between the open coast and
the landward limit of the moderate wave action delineation. Coastal
A Zones may be subject to wave effects, velocity flows, erosion, scour,
or a combination of these forces. Construction and development in
Coastal A Zones is to be regulated the same as V Zones/Coastal High
Hazard Areas.
[Added 10-28-2019 by Ord.
No. 016-2019]
Shall mean any sign wording, logo, figure, symbol, color,
illumination, fixture, projection, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business
product, service, or other commercial activity.
Shall mean a parcel or parcels of land or an area of water,
or a combination of land and water, together with the improvements
thereon and designed and intended for the ownership, use and enjoyment
shared by the residents and owners of the development. Common property
may contain such complementary structures and improvements as are
necessary and appropriate for the benefit of the residents and owners
of the development.
Shall mean a community residential facility licensed pursuant
to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal
guidance, under such supervision as required, to house 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, intermediate-care
facilities, and supervised apartment living arrangements.
Shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in this chapter and upon the issuance of an
authorization therefor by the Planning Board.
Shall mean a development technique based on a gross dwelling
unit density for the entire tract in the zoning district in which
it is located, and allowing the lot sizes for detached dwellings to
be reduced or individual segments to have higher densities so long
as the gross density is not exceeded and the remaining lands shall
be maintained as open space.
Shall mean a separate vehicle, not drawn or propelled by
its own power, but drawn by some independent power which must be attached
to and become part of another vehicle for locomotion, and which, for
the purposes of this chapter, shall be utilized during the construction
process of one or more homes or buildings, to be used for the storage
of tools, equipment, material and office, during and only during the
construction process.
A decorative roof structure that has a small roof and the
shaft that supports it sitting on top of a building. A cupola in the
"RR" and "RC" Districts may exceed the maximum building height if
it is decorative only, is no more than four feet above the maximum
building height (not including spire or weather vane) and contains
no more than 36 square feet of space. If a cupola provides rooftop
access in the "RR" and "RC" Districts, it shall not exceed the maximum
permitted building height.
[Added 5-26-2020 by Ord. No. 005-2020]
Shall mean a licensed, principal use for the purpose of providing
custodial care of persons, for a period not to exceed 18 hours within
a single day, in return for the payment of tuition, fees, or other
compensation. Day care may include care of either children or adults
who are unable to care for themselves because of diminished capabilities.
Shall mean a structure to house four or less motor vehicles,
without provisions for repairing or servicing such vehicles for profit.
Detached garages shall have a maximum height restriction of 20 feet.
Detached garages may include accessory uses to a principal residential
use for wood or metal working for personal use, gardening, personal
gym, personal storage and other similar uses such that said uses are
not for profit or home use.
Shall mean a building, store, business location or department
within a store or shop, which shall advertise, display, sell or offer
to sell any type of syringe, needle, eyedropper, spoon, pipe, testing
kit, rolling paper, or other paraphernalia or appliances designed
for or ordinarily used in smoking, testing, weighing, measuring, injecting,
cooking or sniffing marijuana, cocaine, opium, hashish or other controlled
dangerous substance as defined by N.J.S.A. 24:21-1, et seq.
Shall mean a room or series of connected rooms containing
living, cooking, sleeping and sanitary facilities for one housekeeping
unit. The dwelling unit shall be self-contained and shall not require
the use of outside stairs, common hallways, passing through another
dwelling unit or other indirect route(s) to get to any portion of
the dwelling unit, nor shall there be shared facilities with another
housekeeping unit.
Shall mean a building physically detached from other buildings
or portions of buildings which is occupied or intended to be occupied
for residence purposes by one housekeeping unit and which has its
own sleeping, sanitary and general living facilities.
Shall mean a building containing two dwelling units only
and intended for residential occupancy by two housekeeping units,
each living independently of each other and each with its own sleeping,
cooking and sanitary facilities.
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.
[Added 11-28-2022 by Ord. No. 026-2022]
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.”
[Added 11-28-2022 by Ord. No. 026-2022]
Shall mean a non-basement building a) built, in the case
of a building in an area of special flood hazard, to have the top
of the elevated floor, or in the case of a building in a coastal high
hazard area or Coastal A Zone, to have the bottom of the lowest horizontal
structural member of the elevated floor, elevated above the base flood
elevation plus freeboard by means of pilings, columns (posts and piers),
or shear walls parallel to the flow of the water; and b) adequately
anchored so as not to impair the structural integrity of the building
during a flood of up to the magnitude of the base flood. In an area
of special flood hazard, "elevated building" shall also include a
building elevated by means of fill or solid foundation perimeter walls
with openings sufficient to facilitate the unimpeded movement of floodwaters.
In areas of coastal high hazard and Coastal A Zones, "elevated building"
shall also include a building otherwise meeting the definition of
"elevated building" even though the lower area is enclosed by means
of breakaway walls.
[Added 10-28-2019 by Ord.
No. 016-2019]
Shall mean and include digging or mining and applies to all
sand, gravel, earth, soil or mineral products of the soil.
Shall mean:
PRINCIPAL USES: A lot of at least five acres in area used for
the growing and harvesting of crops and the raising and breeding of
certain animals, including truck farms, nurseries and greenhouses,
dairies, livestock, produce, and aquaculture.
ACCESSORY USES: Buildings incidental to farms, such as: tenant
houses (outside the Pinelands area), greenhouses, buildings for housing
seasonal workers for the farm’s own use; barns, packing, grading
and storage buildings for produce raised on the premises, except that
no processing of produce shall be permitted; buildings for keeping
poultry and permitted livestock; boarding and training of permitted
livestock; and garages for the keeping of equipment and trucks used
in farm operations.
Shall mean the residential portion of a dwelling unit, excluding
basements, garages, carports and breezeways, measured by using the
outside dimensions of the residential portion of the building. For
a split-level, bi-level or tri-level dwelling, the area shall be considered
to be the sum of the areas of two adjoining levels, excluding basements
and garages, provided both levels are connected by permanent, built-in
stairs in the interior of the building.
[Deleted by Ord. #004-2015 § 3]
Shall mean areas within the Township subject to inundation
from tidal floodwaters.
Shall mean the elevation that a structure must be elevated
to in all special flood hazard areas and advisory flood hazard areas.
Said elevation shall be two feet higher than the best available flood
hazard data elevation.
[Amended 10-28-2019 by Ord. No. 016-2019]
All building area in a principal structure above the flood
protection area divided by the lot area. In calculating FAR, attics,
elevators, and decks/porches shall not be included. Additionally,
when located below the flood protection elevation, storage areas and
garages shall not be included in the FAR. The value in the FAR numerator
shall be the area (in square feet) established by measuring from the
exterior faces of exterior walls and shall include all building area
having a floor-to-ceiling joist height of seven feet and greater (if
attics have a floor-to-ceiling height of seven-feet or greater they
shall be included in the total floor area).
[Added 5-26-2020 by Ord. No. 005-2020]
The sensation produced by luminance within the visual field
that is sufficiently greater than the luminance to which the eyes
are adapted to cause annoyance, discomfort or loss in visual performance
and visibility.
[Added 11-28-2022 by Ord. No. 026-2022]
Shall mean an area of 50 or more contiguous acres containing
a full-size, professional golf course at least nine holes in length,
not less than three par each, together with the necessary accessory
uses and structures such as club houses, dining and refreshment facilities,
providing the operation of such are incidental and subordinate to
the operation of the golf course.
Shall mean the area measured by using the outside dimension
of the building, excluding the area of a garage, attic, open porch
or patio. Only those floor areas which have a ceiling height of 7.5
feet or more and those areas used for storage space in nonresidential
uses shall be included in the gross floor area.
Shall mean living arrangements operated in residences leased
or owned by the licensee, which provide the opportunity for individuals
with developmental disabilities to live together in a home, sharing
in chores and the overall management of the residence. Staff in a
group home provide supervision, training, and or assistance in a variety
of forms and intensity as required to assist the individuals as they
move toward independence.
Shall mean a space in a building for living, sleeping, eating
or cooking. Garage, storage, stairs, halls or utility and other similar
spaces are not considered habitable spaces.
[Ord. #004-2015 § 3]
Shall mean any service provided to a resident of an assisted
living residence that is ordered by a physician and required to be
provided or delegated by a licensed, registered or certified health
care professional. Certified health care professional shall not include
a certified homemaker/home health aide or certified nurse aide.
Shall mean an occupation conducted entirely within a detached dwelling unit or an accessory building, but not both, which occupation is clearly incidental and secondary to the use of the lot for residential purposes. Such occupations shall be conducted solely by the residents of the detached dwelling except that no more than one person not a resident of the building may be employed and provided also that no more than 450 square feet shall be used for such purpose; that the gross floor area for the residence shall remain at least as large as that required in § 20-4 for a detached dwelling; that no display of products shall be visible from the street; that the residential character of the lot and building shall not be changed; that no occupational sounds shall be audible outside the building; that no equipment shall be used which will cause interference with radio and television reception in neighboring residences; that the home occupation does not reduce the parking or yard requirements of the detached dwelling; that there is no exterior evidence of the home occupation other than one unlighted or interior white lighted name plate sign identifying the home occupation, not exceeding six square feet in area, and either attached or freestanding. (If freestanding, the sign shall not exceed five feet in height and shall be set back at least 10 feet from all street right-of-way and lot lines.) No more than one commercial vehicle and trailer utilized as part of the said home occupation may be parked at the address of said home occupation; further no more than one non-commercial vehicle not registered at the address of the home occupation may be parked at the address of the home occupation; no vehicles utilized as part of the home occupation shall be parked on the public street. Residents of the detached dwelling shall be permitted to work at home when working on such activities that are normally performed at a business location outside of the resident's detached dwelling as long as such activities comply with the above restrictions.
Shall mean an incorporated, nonprofit organization operating
in a cluster single-family residential development under recorded
land agreements through which:
Each owner is automatically a member;
Each occupied dwelling unit is automatically subject to a charge
for a proportionate share of the expenses for the organization's activities
and maintenance, including any maintenance costs levied against the
association by the Township; and
Each owner and tenant has the right to use the common property.
Shall mean a building or group of buildings consisting of
individual sleeping units designed for transient travelers. Hotels
and Motels shall require: i) services to be offered to the general
public; ii) temporary lodging rented to the general public on a daily
or weekly basis but not for a period to exceed 30 days and not intended
to be occupied or used for any primary residential purpose, either
temporary or permanent; iii) a front desk area with full time on-site
staff maintained to serve guests and the public; iv) maid service
offered no less than weekly and other room amenities, including linens
and towel service, in a quality manner; v) a manager and/or desk staff
meeting the requirements of State lodging laws and swimming pool regulations;
vi) a restaurant or cafe with indoor and outdoor dining and wait service
for use by guests and the general public; vii) a fitness and business
center for use by guests; viii) adequate parking for hotel guests
and the public in accordance with parking requirements set forth in
the Code of the Township of Upper, which includes any parking required
for accessory or incidental uses; ix) advertisement for motel-like
services promoting to the general public; and x) collection and payment
of sales and use tax, tourism tax and tourism fees on revenue generated.
[Amended 4-22-2024 by Ord. No. 006-2024]
Shall mean one or more persons living together in one dwelling
unit and sharing living, sleeping, cooking and sanitary facilities
on a nonprofit basis.
Illuminating Engineering Society of North America., an organization
that recommends standards for the lighting industry.
[Added 11-28-2022 by Ord. No. 026-2022]
Shall mean any surface that has been compacted or covered
with a layer of material so that it prevents, impedes or slows infiltration
or absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability and shall include building coverage.
[Ord. #004-2015 § 3]
Shall mean, in a criminal or quasi-criminal proceeding, any
citizen of the State of New Jersey. In the case of a civil proceeding
in any court or in an administrative proceeding before a municipal
agency, any person, whether residing within or without the Municipality,
whose right to use, acquire or enjoy property is or may be affected
by any action taken under this law or under any other law of this
State or of the United States have been denied, violated or infringed
by an action or failure to act under N.J.S.A. 40:55D-1, et seq.
Any form of artificial illuminance emanating from a light
fixture or illuminated sign that penetrates other property and creates
a nuisance, as specified in Section 3.
[Added 11-28-2022 by Ord. No. 026-2022]
Shall mean an off-street space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading, with 15 feet of vertical clearance.
Shall mean an antenna and any support structure, together
with any accessory facilities, and which is intended to serve a limited,
localized audience through point to point communication, including
cellular telephone cells, paging systems and dispatch communications.
It does not include radio or television broadcasting facilities or
microwave transmitters.
Shall mean any parcel of land separated from other parcels
or portions as by a subdivision plat or deed of record, survey map,
or by metes and bounds, except that no portion of a street shall be
included in calculating the lot boundaries or areas.
Shall mean the area contained within the lot lines of a lot,
not including any portion of a street right-of-way.
Shall mean a lot on the junction of and abutting two or more
intersecting streets where the interior angle of intersection does
not exceed 135°. Each corner lot shall have two front yards, one
side and one rear yard. However, a lot which is bounded by three streets
shall have three front yards and one side yard.
Shall mean the shortest horizontal distance between the front
lot line and a line drawn parallel to the front lot line through the
midpoint of the rear lot line.
 |
Shall mean the horizontal distance between side lot lines,
measured along the street line. The minimum lot frontage shall be
the same as the lot width except that on curbed alignments with an
outside radius of less than 500 feet, the minimum distance between
the side lot lines measured at the street line shall not be less than
75% of the required minimum lot width. In the case of a corner lot,
either street frontage which meets the minimum frontage required for
that zone may be considered the lot frontage. Only improved public
streets may have their street lot line counted as lot frontage. Any
street not providing actual legal access may not be counted as lot
frontage, e.g., Garden State Parkway.
Shall mean any line forming a portion of the exterior boundary
of a lot and the same line as the street line for that portion of
a lot abutting a street.
Shall mean the straight and horizontal distance between side
lines at setback points on each side lot line. The minimum lot width
shall be measured at the minimum required building setback line. Where
side lot lines are not parallel, the minimum lot width at the street
line shall not be less than 75% of the minimum lot frontage for the
zoning district in which the lot is located.
|
LOT FRONTAGE
LOT WIDTH
 |
Shall mean a lot other than a corner lot.
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, conduits, 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.).
[Added 11-28-2022 by Ord. No. 026-2022]
Shall mean a commercial establishment engaged in the sales
and rentals of watercraft, the repair and storage of watercraft, and
the related sales of goods and services customary to the usage of
watercraft, including slip rental, mooring, wet or dry storage of
watercraft.
Shall mean an establishment, person or their entity which
permits massages or the "rubbing down" of persons where the massage
includes "specified anatomical areas" or "specified sexual activities"
as defined herein.
Shall mean an intermediate level or levels between the floor
and ceiling of any story and shall be considered a 1/2 story when
determining number of stories for building height.
[Ord. #004-2015 § 3]
Shall be synonymous with "excavation" and shall include digging
and/or mining and all related activity. Mining shall include both
wet and dry mining.
Shall mean a parcel or structure that permits both residential
uses and nonresidential uses within the same structure.
Shall mean a freestanding sign, generally having a low profile
where the base of the sign structure is on the ground or a maximum
of 12 inches above the lowest point of the ground adjacent to the
sign such that the sign has the appearance of a solid base. The maximum
height shall be eight feet from the ground and the width of the sign
base shall be at least 75% of the sign face at its widest point.
[Ord. #004-2015 § 3]
Shall mean freestanding buildings containing at least two
units and not more than 30 dwelling units, with each sharing with
another unit or units one or more vertical or horizontal common walls.
If a multifamily structure also meets the definition of a townhouse
structure it shall be considered a townhouse structure.
Shall mean a lot of record which does not have the minimum
width, frontage or depth or contain the minimum area for the zone
in which it is located.
Shall mean a use occupying a building, structure or lot which
does not conform with the use regulations for the zone in which it
is located.
Glare resulting from excessive levels of illumination or
insufficiently shielded light sources emanating from light fixtures
in the field of view where the lens, lamp or reflector is offensively
visible at the location described in the ordinance.
[Added 11-28-2022 by Ord. No. 026-2022]
An exterior part of a building outside of and extending beyond
the exterior walls of the building, the exterior boundaries of which
are completely and permanently open to the outside air and shall not
have any enclosed space below or roof above (except for where two
decks are stacked); provided, that an open deck may have a solid wall
in lieu of a railing, which wall extends not more than 36 inches above
the floor of the deck or in accordance with applicable building code
regulations. An open deck may be stacked such that a second open deck
is above the lower deck.
[Added 5-26-2020 by Ord. No. 005-2020]
An electrically powered illuminating device containing a
total light source of more than 1,800 initial lumens per fixture or
any spot or flood luminaire with a reflector contained in the lamp
component such as a parabolic aluminized reflector (PAR) lamp, of
more than 900 initial lumens, which is permanently installed outdoors,
including, but not limited to, devices used to illuminate any site,
architectural structure, or sign.
[Added 11-28-2022 by Ord. No. 026-2022]
Shall mean an area of not less than 10 feet wide by 20 feet
in length, either within a structure or in the open, for the parking
of motor vehicles, exclusive of driveways, access drives, fire lanes
and public rights-of-way, except that nothing shall prohibit private
driveways for detached dwelling units from being considered off-street
parking areas provided that no portion of such private driveway within
the right-of-way line of the street intersected by such driveway shall
be considered off-street parking space. The area is intended to be
sufficient to accommodate the exterior extremities of the vehicles
whether or not wheel blocks are installed within this area to prevent
the bumper from overhanging one end of the parking space. The width
and length of each space shall be measured perpendicular to each other
regardless of the angle of the parking space to the access aisle or
driveway.
Shall mean any use of land or buildings as permitted by this
chapter.
Shall mean the main purpose for which a lot or building is
used.
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking, and fleet parking
with no access to the general public).
[Added 11-28-2022 by Ord. No. 026-2022]
Shall mean residential facilities licensed pursuant to N.J.S.A.
10:47 et seq. providing food, shelter and personal guidance, under
such supervision as required, to house more than 15 but not more than
24 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, intermediate-care
facilities, and supervised apartment living arrangements.
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
[Added 11-28-2022 by Ord. No. 026-2022]
Shall mean any public land area designed and used for parking
or motor vehicles and which is associated with other means of transportation.
Shall mean the use of land or buildings by the governing
body of the Township, County, State or Federal Government.
Shall mean facilities, including sanitary sewers and wastewater
treatment plants designed and constructed in accordance with the "Rules
and Regulations for the Preparation and Submission of Plans for Sewer
Systems and Wastewater Treatment Plants," established by the New Jersey
Department of Environmental Protection.
Shall mean a municipally or privately owned system comprising
structures which operating alone or with other structures results
in the derivation, conveyance (or transmission) or distribution of
water for potable or domestic purposes to consumers in 20 or more
dwellings or properties and designed and constructed in accordance
with the "Rules and Regulations for the Approval of Public Water Supply
Systems and Water Treatment Plants" established by the New Jersey
Department of Environmental Protection.
Shall mean the growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the properties and not primarily for commercial purposes. Agricultural commercial structures and uses are permitted under this definition provided such structures and uses meet all applicable accessory building setback (side and rear) and coverage requirements and are set back from the front street line at least 20 feet and be located on a lot with a minimum lot area of two acres or the minimum lot area required for the zone district, whichever is greater, except up to six egg laying chickens may be permitted as long as they are contained upon the property and no roosters are permitted. Agricultural commercial structures and uses may not extend 10 feet in height. (For permitted signs, see Subsection 20-5.10.)
Shall mean any establishment, however designated, at which
food is sold for consumption on the premises. However, a snack bar
or refreshment stand at a public or community swimming pool, playground,
golf course, playfield or park operated solely by the agency or group
operating the recreational facility and for the convenience of patrons
of the facility shall not be deemed to be a restaurant.
Shall mean establishments engaged in selling goods or merchandise
to the general public and rendering services incidental to the sale
of such goods; and/or establishments providing services or entertainment
to the general public.
Shall mean an apparatus capable of receiving communication
from a transmitter or a transmitter relay located in a planetary orbit.
Shall mean lands and buildings providing for the sale of
fuel, lubricants and automotive accessories. Maintenance and minor
repairs for motor vehicles may be provided, but no body repairs or
painting or the extended storage of inoperable or wrecked vehicles
shall be permitted.
The term "required setback" shall mean a line that is established
a minimum horizontal distance from the street line or the lot line
(whichever would result in the widest distance) and beyond which a
building or part of a building is not permitted to extend toward the
street line or lot line.
|
SETBACK LINE
 |
A light fixture with cutoff optics that allows no direct
light emissions above a vertical cutoff angle of 90º above nadir
(straight down at perfect vertical), through the light fixture's lowest
light emitting part. Any structural part of the light fixture providing
this cutoff angle must be permanently affixed.
[Added 11-28-2022 by Ord. No. 026-2022]
Shall mean a group of commercial establishments owned and
managed as an operating unit; it provides on-site parking in a definite
relationship to the type and total size of the stores. The commercial
establishments may be located in one or several buildings, attached
or separated.
Shall mean any object, device, display or structure, or part
thereof, situated outdoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figure, design, symbols, fixtures,
colors, illumination or projected images.
Shall mean a graphic or sign which has its letters or design
applied to cloth, canvas, or other flexible material which is durable
and weather resistant.
Shall mean a sign which contains a commercial message and
which directs attention to a business, commodity, service or entertainment
conducted, sold or offered at a location other than the premises on
which the sign is located.
Shall mean a sign which is located in a district zoned for
residential purposes that does not contain any commercial message
except for goods or services legally offered on the premises on which
the sign is located.
Shall mean the examination of the specific development plans
for a lot. Wherever the term "site plan approval" is used in this
chapter, it shall be understood to mean a requirement that the site
plan be reviewed and approved by the Planning Board or Zoning Board,
in certain cases.
Shall mean less than completely and opaquely covered human
genitals, pubic region, buttock, and/or female breast below a point
immediately above the top of the areola, and human male genitals in
a discernibly turgid state even if completely or opaquely covered.
Shall mean human genitals in a state of sexual stimulation
or arousal; or acts of human masturbation, sexual intercourse or sodomy;
or fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
Shall mean largest known individual trees of each species
in the State of New Jersey. The New Jersey Department of Environmental
Protection, Bureau of Forestry, maintains a list of such trees and
such trees are listed and pictured in the book entitled "Magnificent
Trees of Cape May County" by Lyman a. Hoffman. Any trees which are
equal to or larger than said trees shall be considered specimen trees.
Shall mean any container, semi-trailer (with or without wheels),
storage unit or portable structure designed to be used on a temporary
basis an without a foundation for the purpose of storing tangible
property and not for occupancy by persons.
[Added 10-28-2019 by Ord.
No. 016-2019]
Shall mean that portion of a building included between the
surface of any floor and the surface of the next floor above it or,
if there is no floor above it, then the space between the floor and
the ceiling next above it. For the purpose of this chapter, the interior
of the roof shall not be considered a ceiling. A half-story is the
area under a pitched roof at the top of a building, the floor of which
is at least four feet, but no more than six feet, below the plate.
Shall mean a story that has more than 10% of the gross building
floor area is considered a habitable story.
[Ord. #004-2015 § 3]
Shall mean any street, avenue, boulevard, road, land, parkway,
viaduct, alley or other way which is an existing State, County or
Municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action pursuant to
the Municipal Land Use Law (Chapter 291, Laws of 1975) or any prior
act authorizing approval or a street or way on a plat duly filed and
recorded in the office of the County Recording Officer prior to the
appointment of a Planning Board and the grant to such Board of the
power to review plats, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, sidewalks, parking areas and other areas within the street
line.
Shall mean the edge of the existing or future street right-of-way,
whichever would result in the widest right-of-way, as shown on the
adopted Master Plan or Official Map, forming the dividing line between
the street and a lot.
Shall mean anything constructed, assembled or erected which
requires location on the ground or attachment to something having
such location on the ground, including buildings, fences, tanks, towers,
signs, advertising devices, swimming pools and tennis courts.
Shall mean pools which shall not be subject to the requirements of § 20-5 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface area of 100 square feet; and do not require braces or supports.
Shall mean private residential swimming pools and include
artificially constructed pools, whether located above or below the
ground, having a depth of more than 18 inches and/or a water surface
of 100 square feet or more; designed and maintained for swimming and
bathing purposes by an individual for use by members of his household
and guests and which is located on a lot as an accessory use to a
detached dwelling, and shall include all buildings, structures, equipment
and appurtenances thereto.
Shall mean an establishment used primarily for the serving
of liquor by the drink to the general public and where food or packaged
liquors may be served or sold only as accessory to the primary use.
Shall mean a separate vehicle, not drawn or propelled by
its own power, but drawn by some independent power which must be attached
to and become a part of another vehicle for locomotion, and which,
for purposes of this chapter, shall be utilized during the construction
process of one or more homes or buildings, to be used for the storage
of tools, equipment, materials and the like, during and only during
the construction process.
Shall mean dwelling units located beside and separated from
other such dwelling units by use of common party walls, extending
from the foundation to the roof and from the front to the rear exterior
walls, with each dwelling unit having livable floor area on, but not
limited to, the first floor. Each townhouse dwelling unit shall have
direct access to the outdoors.
Shall mean Township of Upper, Cape May County, New Jersey.
Shall mean an area of land composed of one or more lots adjacent
to one another, having sufficient dimensions and area to make one
parcel of land meeting the requirements of this chapter for the use(s)
intended.
Shall mean any semi-trailer (with or without wheels) to be
used for the purpose of storing tangible property.
[Added 10-28-2019 by Ord.
No. 016-2019]
Shall mean any trailer, boat, boat trailer, camper, travel
trailer, recreational vehicle, motor home, jet ski, jet ski trailer,
utility trailer or equipment trailer.
[Added 10-28-2019 by Ord.
No. 016-2019]
Shall mean a mobile home owned by the property owner occupied
by the owner for one year during the construction of a single-family
residence on the same lot. Before occupancy owner must obtain a Certificate
of Compliance from the Cape May County Health Department and a Certificate
of Occupancy from the Upper Township Construction Code Department.
Shall mean an area of tree(s) that must be maintained with
natural tree(s) on a parcel of land. Said area shall be restricted
from clearing or removal of any trees two inches in diameter or greater,
except dead trees greater than five inches in diameter or greater
and trees within 35 feet of the principal structure may be removed
to prevent a safety hazard. The area shall be measured along the perimeter
of the canopy of the tree(s). The area beneath the canopy of the tree(s)
may be maintained or unmaintained.
[Ord. #004-2015 § 3]
A lot shall be unsuitable for any intended use which cannot
meet the standards for construction of sewerage facilities for realty
improvements promulgated by the State Commission of Health in N.J.A.C.
40:9A.
Shall mean a capital improvement fund administered by the
Township Committee for the purpose of constructing, purchasing or
otherwise procuring fire safety-related improvements to protect persons
and property in the Township.
Shall mean any water vehicle including but not limited to
jet skis, boats, or catamarans.
Shall mean any property where the principal structure is
located within 50 feet of the mean high water line or the toe of the
waterward side of the primary frontal dune whichever is closer.
[Ord. #004-2015 § 3]
Shall mean an open space extending across the full width
of the lot and lying between the street line and the closest point
of any building on the lot. The depth of the front yard shall be measured
horizontally and at right angles to either a straight street line
or the tangent lines of curved street lines. The minimum required
front yard depth shall be the same as the required setback.
Shall mean an open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. Rear yard shall be as prescribed in § 20-4 except shall be at least 25 feet as measured from a wetland buffer line or dune line or at least 10 feet as measured from a bulkhead.
Shall mean an open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines. Side yard shall be as prescribed in § 20-4 except shall be at least 15 feet as measured from a wetland buffer line or dune or a bulkhead.
[Ord. #006-2002, § 2; Ord. #001-2004, § 3;
Ord. #008-2011]
The following definitions shall only apply to those portions
of the Township that are located within the Pinelands Area. In the
event of a conflict between a definition of Township-wide application
and a Pinelands Area definition, the Pinelands Area definition shall
control in the Pinelands Area.
Shall mean a retail sales establishment primarily intended
to sell agricultural products produced in the Pinelands. An agricultural
commercial establishment may be seasonal or year round and may or
may not be associated directly with a farm; however it does not include
supermarkets, convenience stores, restaurants and other establishments
which coincidentally sell agricultural products, nor does it include
agricultural processing facilities such as a farm itself, nor facilities
which are solely processing facilities.
Shall mean residential dwellings, for the seasonal use of
employees of an agricultural or horticultural use which, because of
their character or location, are not to be used for permanent housekeeping
units and which are otherwise accessory to a principal use of the
lot for agriculture.
Shall mean any production of plants or animals useful to
man, including but not limited to: forages or sod crops; grains and
feed crops; dairy animals and dairy products; poultry and poultry
products; livestock, including beef cattle, sheep, swine, horses,
ponies, mules or goats, and including the breeding and grazing of
any or all of such animals; bees and apiary products; fur animals;
trees and forest products; fruits of all kinds, including grapes,
nuts and berries; vegetables; nursery, floral, ornamental and greenhouse
products; or any land devoted to and meeting the requirements and
qualifications for payments or other compensation pursuant to a soil
conservation program under an agency of the Federal government.
Shall mean an establishment the purpose of which is the sale
of goods, commodities or services that support active farm operations.
Shall mean an individual or community on-site wastewater
treatment system that has the capability of providing a high level
of treatment including a significant reduction in the level of total
nitrogen in the wastewater and that has been approved by the Pinelands
Commission for participation in the alternate design wastewater treatment
systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed
plans and specifications for each authorized technology are available
at the principal office of the Pinelands Commission.
[Amended 2-25-2019 by Ord. No. 001-2019]
Shall mean those animals specified in N.J.A.C. 7:50-6.32.
Shall be defined as set out in N.J.A.C. 7:50-2.11.
Shall mean the application form and all accompanying documents
required by this chapter for approval of a subdivision plat, site
plan, planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D, or N.J.S.A.
13:18A-1 et seq.
Shall mean any Board, body or other authority within the
Township with authority to approve or disapprove subdivisions, site
plans, construction permits or other applications for development
approval.
Shall mean the propagation, raring and subsequent harvesting
of aquatic organisms in a controlled or selected environments, and
their subsequent processing, packaging and marketing, including, but
not limited to, activities to intervene in the rearing process to
increase production such as stocking, feeding, transplanting and providing
for protection from predators.
Shall mean any structure or extension thereof or addition
thereto, either temporary or permanent, having a roof supported by
such things as columns, posts, piers or walls and intended for the
shelter, business, housing or enclosing of persons, animals or property.
Shall mean a place used or suitable for camping on which
temporary shelter such as a tent or camper may be placed and occupied
on a temporary and seasonal basis.
Shall mean an approval of the Planning Board pursuant to
N.J.A.C. 7:50-6.156.
Shall mean a certificate issued by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.34 and 7:50-4.82 that a complete application
for major development has been filed.
Shall mean the Pinelands Commission created pursuant to Section
5 of the Pinelands Protection Act.
Shall mean the plan adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act, as amended, and contained in N.J.A.C.
7:50.
Shall mean land which is connected or adjacent to other land
so as to permit the land to be used as a functional unit; provided
that separation by lot line, streams, dedicated public roads which
are not paved, rights-of-way, and easements shall not affect the contiguity
of land unless a substantial physical barrier is created which prevents
the land from being used as a functional unit.
Shall mean, for purposes of computing time limits, a calendar
day.
Shall mean the average number of housing units per unit of
land except that in the Pinelands Area density shall be calculated
on the basis of gross acreage including platted rights-of-way within
the deeded premises.
Shall mean the change of or enlargement of any use or disturbance
of any land, the performance of any building or mining operation,
the division of land into two or more parcels, and the creation or
termination of rights of access or riparian rights including, but
not limited to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction, drilling, or excavation
on a parcel of land;
Commencement of forestry activities;
Demolition of a structure or removal of trees;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
Shall mean any approval granted by an approval agency, including
appeals to the governing body, except Certificates of Occupancy and
variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise
include issuance of a construction permit, subdivision or site plan
approval.
Shall mean any division of land into five or more lots; any
construction or expansion of any housing development of five or more
dwelling units; any construction or expansion of any commercial or
industrial use or structure on a site of more than three acres; or
any grading, clearing or disturbance of an area in excess of 5,000
square feet.
Shall mean all development other than major development.
Means the taking of water from a river, stream, lake, pond,
aquifer, well, other underground source, or other waterbody, whether
or not the water is returned thereto, consumed, made to flow into
another stream or basin, or discharged elsewhere.
[Added 6-24-2024 by Ord. No. 009-2024]
Shall mean the removal of surface water or ground water from
land by drains, grading or other means including control of runoff
to minimize erosion and sedimentation during and after construction
or development and means necessary for water supply preservation or
prevention or alleviation of flooding.
Shall mean any structure or portion thereof which is designed
or used for residential purposes.
Shall mean all electric lines other than electric transmission
lines.
Shall mean electric lines which are part of an electric company's
transmission and subtransmission system, which provide a direct connection
between a generating station or substation of the utility company
and: (a) another substation of the utility company; (b) a substation
of or interconnection point with another interconnecting utility company;
(c) a substation of a high-load customer of the utility.
Shall mean an addition to the floor area of an existing building,
an increase in the size of any other existing structure or an increase
in that portion of a tract of land occupied by an existing use.
Shall mean a municipal advisory body created pursuant to
P.L. 1968, c. 245 (C. 40:56A-1 et seq.).
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
Shall mean one or more persons related by blood, marriage,
adoption or guardianship, or any number of persons not so related
occupying a dwelling unit and living as a single housekeeping unit.
Shall mean the classification of a parcel of land in accord
with the following:
|
Hazard
|
-
|
Vegetation Type
|
|
Low
|
-
|
Atlantic white cedar
|
|
-
|
Hardwood swamps
| |
|
Moderate
|
-
|
Non-pine barrens forest
|
|
-
|
Prescribed burned areas
| |
|
High
|
-
|
Pine barrens forest including mature forms of pine, pine-oak,
or oak-pine
|
|
Extreme
|
-
|
Immature or dwarf forms of pine-oak or oak-pine; all classes
of pine-scrub oak and pine-lowland
|
Shall mean the changing of the characteristics and interactions
of fish and wildlife populations and their habitats in order to promote,
protect and enhance the ecological integrity of those populations.
Shall mean a uniform group of trees of similar species, size,
and age.
Shall mean the planting, cultivating and harvesting of trees
for the production of wood products, including firewood. It includes
such practices as reforestation, site preparation and other silvicultural
practices. For purposes of this chapter, the following activities
shall not be defined as forestry and, although they may otherwise
require an application for development, they shall not require the
issuance of a forestry permit:
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
Shall mean the natural environment of an individual animal
or plant, population, or community.
Shall mean the vertical distance measured from grade to the
highest point of the roof for flat roofs, to the deck line for mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
Shall mean any site, building, area, district, structure
or object important in American history or prehistory, architecture,
archaeology and culture at the National, State, County, local or regional
level.
Shall mean a building or group of buildings consisting of
individual sleeping units designed for transient travelers. Hotels
and Motels shall require: i) services to be offered to the general
public; ii) temporary lodging rented to the general public on a daily
or weekly basis but not for a period to exceed 30 days and not intended
to be occupied or used for any primary residential purpose, either
temporary or permanent; iii) a front desk area with full time on-site
staff maintained to serve guests and the public; iv) maid service
offered no less than weekly and other room amenities, including linens
and towel service, in a quality manner; v) a manager and/or desk staff
meeting the requirements of State lodging laws and swimming pool regulations;
vi) a restaurant or cafe with indoor and outdoor dining and wait service
for use by guests and the general public; vii) a fitness and business
center for use by guests; viii) adequate parking for hotel guests
and the public in accordance with parking requirements set forth in
the Code of the Township of Upper, which includes any parking required
for accessory or incidental uses; ix) advertisement for motel-like
services promoting to the general public; and x) collection and payment
of sales and use tax, tourism tax and tourism fees on revenue generated.
[Amended 4-22-2024 by Ord. No. 006-2024]
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by an eleven-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
[Added 6-24-2024 by Ord. No. 009-2024]
Shall mean any plant growing in water or in substrata that
is at least periodically deficient in oxygen as a result of excessive
water content.
Shall mean those persons related by blood or legal relationship
in the following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 2-25-2019 by Ord. No. 001-2019]
Shall mean any surface which does not permit fluids to pass
through or penetrate its pores or spaces.
Shall mean any land used for the following public or private
purposes: educational facilities, including universities, colleges,
elementary and secondary and vocational schools, kindergartens and
nurseries; cultural facilities such as libraries, galleries, museums,
concert halls, theaters and the like; hospitals, including such educational,
clinical, research and convalescent facilities as are integral to
the operation of the hospital; medical and health service facilities,
including nursing homes, rehabilitation therapy centers and public
health facilities; law enforcement facilities; military facilities;
churches; public office buildings; cemeteries; and other similar facilities.
For purposes of this chapter, institutional use shall not include
medical offices which are not associated with hospitals or other medical
or health service facilities, nor shall it include assisted living
facilities.
Shall mean any person whose right to use, acquire or enjoy
property is or may be affected by any action taken under this chapter
or whose right to use, acquire or enjoy property under this chapter
or under any other law of this State or of the United States has been
denied, violated or infringed upon by an action or failure to act
under this chapter.
Shall mean the regulations adopted by the Pinelands Commission
pursuant to the Pinelands Protection Act to govern the review of applications
from the adoption of the regulations until the Pinelands Comprehensive
Management Plan took effect on January 14, 1981. These regulations
were formerly codified as N.J.A.C. 7:1G-1 et seq.
Shall mean the surface and subsurface of the earth as well
as improvements and fixtures on, above, or below the surface and any
water found thereon.
Shall mean a site where any waste is disposed of by application
on or into the land, with or without the use of management practices
or soil covering. It does not include a site where land application
of waste or waste derived material occurs in accordance with N.J.A.C.
7:50-6.79.
Shall mean the installation of plant material or seed as
a part of development.
Shall mean an antenna and any support structure, together
with any accessory facilities, which complies with the standards in
N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized
audience through point to point communication, including cellular
telephone cells, paging systems and dispatch communications. It does
not include radio or television broadcasting facilities or microwave
transmitters.
Shall mean a dwelling unit manufactured in one or more sections,
designed for long-term occupancy and which can be transported after
fabrication to a site where it is to be occupied.
Shall mean water capable of being traversed by pleasure craft.
Means the use of water diverted from surface or groundwaters
in such a manner that at least 90% of the diverted water is returned
to the source surface or ground water at or near the point from which
it was taken.
[Added 6-24-2024 by Ord. No. 009-2024]
Shall mean a sign, other than a sign which advertises an
agricultural commercial establishment, which directs attention to
a business, commodity, service or entertainment conducted, sold or
offered at a location other than the premises on which the sign is
located.
Shall mean any quantity of land, consisting of one or more
lots, that is capable of being described with such definiteness that
its location and boundaries may be established.
Shall mean an individual, corporation, public agency, business
trust, partnership, association, two or more persons having a joint
or common interest, or any other legal entity.
Shall mean the area designated as such in the Pinelands Protection
Act, N.J.S.A. 13:18A-1 to 29 as amended.
Shall mean the agency responsible from February 8, 1979 until
June 28, 1979 for the review of and action on applications for development
in the Pinelands Area which required approvals of other State agencies,
except where the Pinelands Commission acted on applications during
that time period.
Shall mean N.J.S.A. 13:18A-1 to 29.
Shall mean any use which is based on resources which are
indigenous to the Pinelands including but not limited to forest products,
berry agriculture and sand, gravel, clay or ilmenite.
Shall mean a Pinelands plant species whose survival worldwide,
nationwide, or in the State is in jeopardy.
Shall mean any development by a public agency.
Shall mean the use of land or buildings by the governing
body of the Township or any officially created authority or agency
thereof.
Shall mean sewer service, gas, electricity, water, telephone,
cable television, and other public utilities developed linearly, roads
and streets and other similar services provided or maintained by any
public or private entity.
Shall mean the management program which employs the most
efficient use of available technology, natural, human, and economic
resources.
Shall mean the largest tree of a particular species in New
Jersey based on its circumference at 4.5 feet above ground level.
A listing of the largest known tree of each species and its location
is maintained at the principal offices of the Commission.
Shall mean any recreational facility which does not satisfy
the definition of low intensive recreational facility, including but
not limited to golf courses, marinas, amusement parks, hotels and
motels.
Shall mean a facility or area which complies with the standards
of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural
environment of the Pinelands and requires no significant modifications
of that environment other than to provide access, and which has an
insignificant impact on surrounding uses or on the environmental integrity
of the area. It permits such low intensity uses as hiking, hunting,
trapping, fishing, canoeing, nature study, orienteering, horseback
riding and bicycling.
Shall mean the dredging, digging, extraction, mining and
quarrying of sand, gravel, clay or ilmenite for commercial purposes,
not including, however, the private or agricultural extraction and
use of extracted material on the same parcel by the landowner.
Shall mean the level below the natural ground surface to
which water seasonally rises in the soil in most years.
Shall mean any object, device, display or structure, or part
thereof, situated outdoors or indoors, which is used to advertise,
identify, display, direct or attract attention to an object, person,
institution, organization, business, product, service, event or location
by any means, including words, letters, figures, designs, symbols,
fixtures, colors, illumination or projected images. Signs do not include
the flag or emblem of any nation, organization of nations, State or
City, or any fraternal, religious or civic organizations; merchandise,
pictures or models of products or services incorporated in a window
display; works of art which in no way identify a product; or scoreboards
located on athletic fields.
Shall mean a sign that is mounted, painted or attached to
an awning or other window or door canopy that is otherwise permitted
by ordinance.
Shall mean a sign listing the tenants or occupants of a building
or group of buildings and that may also indicate their respective
professions or business activities.
Shall mean any nonmovable sign not affixed to a building.
Shall mean a freestanding sign, other than a pole sign, in
which the entire bottom is in contact with or is close to the ground.
The base of the freestanding sign shall be of permanent materials
such as stone, brick, decorative block compatible with the architecture
of the principal building.
Shall mean a sign that is mounted on a freestanding pole
or other support so that the bottom edge of the sign is six feet or
more above grade.
Shall mean a pole sign.
Shall mean a solar energy system and all associated components,
including, but not limited to, panels, arrays, footings, supports,
mounting and stabilization devices, inverters, electrical distribution
wires and other on-site or off-site infrastructure necessary for the
facility, which converts solar energy into usable electrical energy,
heats water or produces hot air or other similar function.
[Added 2-25-2019 by Ord.
No. 001-2019]
Shall mean any change in either the supporting members of
a building, such as bearing walls, columns, beams and girders, or
in the dimensions or configurations of the roof or exterior walls.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation having a fixed location on, above
or below the surface of land or attached to something having a fixed
location on, above or below the surface of land.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
with the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board or Subdivision
Committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified by the administrative officer to conform to the
requirements of the municipal development regulations and are shown
and designated as separate lots, tracts or parcels on the tax map
or atlas of the Municipality. The term "subdivision" shall also include
the term "resubdivision."
Shall mean those lands which are inundated with water throughout
the year.
Shall mean lines, conduits or pipes located in a street road,
alley or easement through which natural gas, electricity, telephone,
cable television, water, sewage, or stormwater discharge is distributed
to or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
Shall mean any plant material including grasses, shrubs and
trees.
Shall mean those soils designated as very poorly drained
or poorly drained by the Soil Conservation Service of the United States
Department of Agriculture, including but not limited to Atsion, Bayboro,
Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke,
St. Johns and Freshwater Marsh and Tidal Marsh soil types.
Shall mean the meaning ascribed to the word in N.J.A.C. 7:50-6.3
through 6.5.
Shall mean the meaning ascribed to the word in N.J.A.C. 7:50-6.4.
Shall mean the meaning ascribed to the word in N.J.A.C. 7:50-6.5.
[Ord. #7-1976, § 301; Ord. #4-1982; Ord. #4-1987,
§ 1; Ord. #14-1989, § 1; Ord. #10-1995, § 1;
Ord. #006-2002, § 2; Ord. #001-2004, § 3; Ord.
#009-2007, § 2; Ord. #008-2011; Ord. No.
011-2018; Ord. No. 019-2018; amended 5-26-2020 by Ord. No. 005-2020]
For the purpose of this chapter the Township is hereby divided
into various districts. Within the Pinelands Area, these districts
are consistent with the Pinelands Management Areas set forth in N.J.A.C.
7:50, Subchapter 5.
|
Symbol
|
Zoning District
|
|---|---|
|
AR
|
Agriculture and Rural Density Residential
|
|
R
|
Center Residential
|
|
R2
|
Moderate Density Residential
|
|
RR
|
Resort Residential
|
|
RC
|
Resort Commercial
|
|
TCC
|
Town Center Core
|
|
TC
|
Town Center
|
|
CM2
|
Commercial District
|
|
CM4
|
Rural Density Commercial District
|
|
CMP
|
Commercial District Pinelands
|
|
C
|
Conservation
|
|
RD
|
Rural Development
|
|
PV
|
Pinelands Village
|
|
F3
|
Rural Density Forest
|
|
F10
|
Low Density Forest
|
|
F25
|
Forest Conservation
|
|
RP
|
Recreation and Park
|
|
RPPV
|
Recreation and Park Pinelands Village
|
|
M
|
Mining
|
|
TV
|
Tuckahoe Village
|
|
TR
|
Tuckahoe Riverfront
|
|
MH
|
Mobile Home
|
|
AHGR
|
Affordable Housing Group Home
|
|
MTCD
|
Marmora Town Center District
|
|
ASH
|
Affordable Senior Housing
|
|
WTC
|
Waterfront Town Center
|
[Ord. #7-1976, § 302; Ord. #12-1978, § 2;
Ord. #4-1981, § 3; Ord. #4-1982; Ord. #4-1987, § 1;
Ord. #8-1988, §§ 1 — 3; Ord. #2-1989, § 1;
Ord. #14-1989, § 1; Ord. #17-1990, § 1; Ord. #10-1995,
§ 1; Ord. #006-2002, § 2; Ord. #001-2004, § 3;
Ord. #009-2007, § 2; Ord. #004-2009, § 1; Ord.
#008-2011, § 1; Ord. #004-2015 § 3; Ord. No. 011-2018; Ord. No. 019-2018; amended 5-26-2020 by Ord. No. 005-2020; 8-9-2021 by Ord. No. 013-2021]
The map is amended to reflect the zoning boundary changes as set forth on the revised Zoning Map of the Township of Upper prepared by Paul E. Dietrich, Sr., Upper Township Engineer, dated January 12, 2004, and revised through July 12, 2021. The Zoning Map is located at the end of Chapter 20.
Editor's Note: The Zoning Map may be found as Attachment 4 to
this chapter.
[Ord. #006-2002, § 2]
Zoning district boundary lines are intended to follow street
centerlines, railroad rights-of-way, streams and lot or property lines
as they exist on lots of record at the time of enactment of this chapter,
unless otherwise indicated by dimensions on the Zoning Map. Any dimensions
shown shall be in feet and measured horizontally and, when measured
from a street, shall be measured from the street right-of-way line
even if the centerline of that street is used for the location of
a zoning district line. The exact location of any disputed zoning
district boundary line shall be determined by the Board of Adjustment.
The zoning standards, controls and designations apply to every structure,
lot and use and development within each district; and the district
lines extend vertically in both directions from ground level.
[Ord. #006-2002, § 2]
Where a zoning district boundary line divides a lot other than
by following a stream or street, any use permitted in either district
may be extended not more than 20 feet into the adjacent district.
A use permitted in the zoning district so extended shall thereafter
be a permitted use in the extended area. A zoning district line, however,
shall be altered only once by utilizing this subsection of the chapter,
after which the lot use shall be governed by the regulations of the
zoning district in which it is located after the zoning district boundary
line adjustment.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 006-2002 and 001-2004.
[Ord. #009-2007, § 2; Ord. #004-2015 § 3; Ord. No. 011-2018; Ord. No., 019-2018]
a.
No building shall hereafter be used, erected, altered, converted,
enlarged, added to, moved or reduced either wholly or in part, nor
shall any land be designed, used or physically altered for any purpose
or in any manner except in conformity with this chapter. Where a lot
is formed from part of a lot already occupied by a building, such
subdivision shall be effected in such a manner as not to impair any
of the requirements of this chapter with respect to the existing building
and all yards and other open space in connection therewith, and so
that all resulting lots have adequate dimensions consistent with the
requirements of the zoning district in which they are located, and
so that all lots have frontage on a street.
b.
All new construction, building additions, building alterations which
expand the footprint of the existing building, garages or barns that
have been issued a zoning permit under this chapter shall have an
as-built survey prepared by a licensed surveyor, to determine conformance
with this chapter in regards to yard setback and height. Said as-built
surveys shall be performed prior to framing inspection and/or prior
to issuance of a Certificate of Occupancy.
c.
All development within the Township must comply with the regulations included in the following Schedules: Schedule A Residential Districts - Permitted, Conditional and Accessory Uses; Schedule B Commercial and Mixed Use Districts - Permitted Conditional and Accessory Uses; and Schedule C-Area and Yard Requirements for Zone Districts attached to this chapter and hereto made part of. If there is a conflict between the terms and conditions of the zoning regulations as set forth in § 20-4 and the schedules then the zoning regulations shall supersede the schedules.[1]
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
[Ord. #009-2007, § 2]
a.
Purpose. The "AR" District is designed in response to existing agricultural
uses and lands, and in recognition of soil suitability for on-site
septic disposal systems. Single-family detached dwellings are principal
permitted uses in this district, along with farm, public and quasi-public
uses. The primary goal of the "AR" District is to preserve farmland
and open space by permitting and encouraging Conservation Residential
Cluster Subdivisions and Density Transfer.
b.
Permitted Uses. The permitted uses pertaining to the "AR" Agriculture
and Rural Density Residential are provided on Schedule A Residential
Districts — Permitted Principal, Conditional and Accessory Uses
except as modified or supplemented by this section.
c.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses in the "AR" District are provided on Schedule
C Area and Yard Requirements for Zone Districts[1] except as modified or supplemented by this section.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Minimum Gross Floor Area. Single-family detached dwellings - 1,000
square feet unless provided as affordable housing units.
[Ord. #009-2007, § 2]
a.
Purpose. The "R2" District recognizes the existing development patterns
within the suburban planning area with on-site sewage disposal systems.
Single-family detached dwellings are principal permitted uses in this
district, along with farm, public and quasi-public uses.
b.
Permitted Uses. The permitted uses pertaining to the "R2" Moderate
Density Residential are provided on Schedule A Residential Districts
- Permitted Principal, Conditional and Accessory Uses[1] except as modified or supplemented by this section.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses in the R2 District are provided on Schedule
C Area and Yard Requirements for Zone Districts[2] except as modified or supplemented by this section.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Minimum Gross Floor Area. Single-family detached dwellings - 1,000
square feet unless provided as affordable housing units.
e.
Home Occupations Prohibited in the "R2" District. "Home occupation" as defined in Chapter 20, Subsection 20-2.1 of the Revised General Ordinances of the Township of Upper and as defined in Ordinance No. 7-1976, as amended and supplemented, shall henceforth be prohibited within the "R2" District, formerly known as the "R" District within the Township of Upper. This prohibition shall extend to both principal permitted uses and accessory uses in said zoning district.
[Ord. #009-2007, § 2]
a.
Purpose. The purpose of the "R" District is to recognize existing
development patterns within the centers where with on-site sewage
disposal systems are provided and to accommodate higher density residential
uses including age-restricted housing developments where community
package treatment plants are provided in accordance with the adopted
Wastewater Management Plan. Single-family detached dwellings are principal
permitted uses in this district, along with public and quasi-public
uses.
b.
Permitted Uses. The permitted uses pertaining to the "R" Center Residential
District are provided on Schedule A Residential Districts —
Permitted Principal, Conditional and Accessory Uses[1] except as modified or supplemented by this section.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses in the "R" District are provided on Schedule
C Area and Yard Requirements for Zone Districts[2] except as modified or supplemented by this section.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Minimum Gross Floor Area. Single-family detached dwellings —
1,000 square feet unless provided as affordable housing units.
e.
Home Occupations Prohibited in the "R" District. "Home occupation" as defined in Chapter 20, Subsection 20-2.1 of the Revised General Ordinances of the Township of Upper and as defined in Ordinance No. 7-1976, as amended and supplemented, shall henceforth be prohibited within the "R" District within the Township of Upper. This prohibition shall extend to both principal permitted uses and accessory uses in said zoning district.
[Ord. #009-2007, § 2; amended 5-26-2020 by Ord. No. 005-2020]
a.
Purpose. The purpose of the "RR" and "RC" Resort Districts are to
provide for development specifically related to the barrier beach
community of Strathmere and Whale Beach. The purpose of the "RR" District
is to provide for the continuance of single-family dwellings on Strathmere
and Whale Beach. Building coverages, floor area ratios and heights
are utilized to ensure the scale of the residential structures maintain
the charm of Strathmere and Whale Beach and not result in larger structures.
The purpose of the "RC" District is to provide locations on Strathmere
where relatively small retail and service establishments may be located.
It is intended that any development will take place in accordance
with the requirements specified under the FEMA flood hazard regulations
in recognition of the precarious environmental situation. Additionally,
minimum ground floor elevations are established to ensure protection
against flooding and allow for the continued improvement of street
networks.
b.
"RR" Resort Residential District.
1.
Permitted Uses. The permitted uses pertaining to the "RR" Resort
Residential District is provided on Schedule A, Residential Districts
— Permitted Principal, Conditional and Accessory Uses,[1] except as modified or supplemented by this section.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
2.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses in the "RR" District are provided on Schedule
C, Area and Yard Requirements for Zone Districts,[2] except as modified or supplemented by the specific standards of the "RR" District under Subsection 20-4.5b in its entirety:
(a)
Lot depth. Any existing lot appearing on the Tax Map as of July
1, 1995, which has a depth of 95 feet and a minimum frontage of 40
feet shall be deemed to meet the requirements of this section. (All
lots located in Strathmere on the west side of Commonwealth Avenue
generally have a depth of 95 feet.)
(b)
Rooftop decks are permitted, provided they do not exceed 25%
of the total building footprint.
(c)
A maximum building coverage of 27% is permitted. Open decks
are excluded from the building coverage in the "RR" district or in
the "RC" district when developed as single-family detached residential.
(d)
A maximum floor area ratio (FAR) of 0.54 is permitted.
(1)
In calculating the floor area ratio, decks/porches are excluded
from the total floor area.
(2)
If a property owner encloses a deck or porch, that area shall
become part of the calculated floor area and subject to the maximum
FAR.
(3)
Foyers, habitable space and storage areas are permitted above
the flood protection elevation on the ground floor with two stories
above, provided such areas do not exceed more than 30% of the total
floor area on the ground level. All area above the flood protection
elevation shall be included in the FAR calculation as floor area.
(e)
Side yard setbacks.
(1)
Side yard setbacks shall be provided in accordance with the
following:
|
Lot Width
(feet)
|
Individual Side Yard
(feet)
|
Aggregate Side Yard Setback
(feet)
|
|---|---|---|
|
Less than 50
|
6
|
12
|
|
50 to less than 70
|
6
|
15
|
|
70 to less than 90
|
6
|
16
|
|
90 or greater
|
6
|
18
|
(f)
All outside showers, HVAC equipment and generators shall be
set back from the property line a minimum of six feet.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
3.
Building Height.
(a)
Buildings shall not be more than 35 feet above the flood protection
elevation.
(b)
Roof structures or cupolas for stairway or elevator access are
not permitted above the maximum permitted building height.
(c)
No more than 18 inches of exposed rail is permitted on roof
decks.
(d)
Any building having a roof slope less than 4:1 for more than
25% of the building shall be considered a flat roof, and the prescribed
building height limit shall be reduced by four feet.
(e)
Building height shall be measured from the flood protection
elevation.
4.
Minimum Gross Floor Area. Minimum gross floor area for a single-family
detached dwelling shall be 1,000 square feet.
5.
Private residential swimming pools are prohibited in the "RR" District.
6.
Garages shall not be converted to habitable space.
c.
"RC" Resort Commercial District.
1.
Permitted Uses.
(a)
The permitted uses pertaining to the "RC" Resort Commercial
District are provided on Schedule B, Commercial and Mixed Use Districts
Permitted Principal, Conditional and Accessory Uses.[3]
[3]
Editor's Note: Said schedule is included as an attachment to this chapter.
2.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses in the "RC" District are provided on Schedule
C, Area and Yard Requirements for Zone Districts,[4] except as modified or supplemented by this section.
[4]
Editor's Note: Said schedule is included as an attachment to this chapter.
3.
Building Height.
(a)
Buildings shall not be more than 35 feet above the flood protection
elevation.
(b)
Roof structures or cupolas for stairway or elevator access are
not permitted above the maximum permitted building height.
(c)
No more than 18 inches of exposed rail is permitted on roof
decks.
(d)
Any building having a roof slope less than 4:1 for more than
25% of the building shall be considered a flat roof, and the prescribed
building height limit shall be reduced by four feet.
(e)
Building height shall be measured from the flood protection
elevation.
4.
General Requirements.
(a)
One building may contain more than one use, provided that the
total building coverage of the combined uses does not exceed the maximum
building coverage specified for the district and, further, that each
use occupies a minimum gross floor area of 500 square feet.
(b)
No merchandise, products or similar material or objects shall
be displayed or stored outside unless appropriately screened and maintained.
Any use resulting in the storage of vehicles outside shall have such
area entirely enclosed by a fence, wall, plant material or combination
thereof in order to provide a visual barrier between the storage areas
and any street, residential zoning district or existing residential
use. Such outside storage area shall not exceed 30% of the lot area
and shall be located in the rear yard only.
(c)
All buildings shall be compatibly designed whether constructed
all at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purposes which shall not include unpainted or painted
cinder block or concrete block walls.
(d)
All areas not utilized for buildings, parking, loading, access
aisles and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or similar plantings and maintained
in good condition.
(e)
Each activity shall provide for off-street loading and unloading
with adequate ingress and egress from streets and shall provide for
such an area at the side or rear of the building.
(f)
There shall be at least one trash or garbage pickup location
provided by each building which shall be separated from the parking
spaces by either a location within the building or in a pickup location
outside the building. The trash and/or garbage shall be stored in
a steel-like, totally enclosed container located in a manner to be
obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, planting or combination
of three. If located within the building, the doorway may serve both
the loading and trash/garbage functions. If a container is used for
trash/garbage functions and is located outside the building, it may
be located adjacent to or within the general loading area(s), provided
the container in no way interferes with or restricts loading and unloading
functions.
5.
Private residential swimming pools are prohibited in the "RC" District.
d.
Stormwater Control.
1.
Each property shall provide stormwater control to help alleviate
the stormwater runoff in the "RC" and "RR" zones as set forth below.
2.
Stormwater control shall meet Subsection 19-7.7 for all new development or shall provide the following minimum which the Municipal Engineer has calculated to meet the standards:
(a)
Provide drywell constructed in accordance with N.J.A.C. 7:8-5.9(a)a.iii.
(b)
Drywell shall be at least 100 feet of twenty-four-inch-by-twenty-four-inch
clean stone trench with six-inch perforated pipe connected to downspouts
that direct the runoff from at least 90% of the roof area.
(c)
Prior to placement of stone in the drywell, the excavation shall
be inspected by the Municipal Engineer to verity that the soils meet
the permeability standards of N.J.A.C. 7:8.
e.
Ground Floor Elevation.
1.
All new construction and substantial improvement to any structure
shall have the ground floor elevated to elevation 7.0 NAVD or higher
except if the following conditions are met:
(a)
The change in slope from the roadway to ground floor elevation
7.0 NAVD shall be more than two feet; and
(b)
If the ceiling height of the ground floor and all doorjamb headers
are constructed to allow for future construction of a ground floor
at elevation 7.0 NAVD without having to raise the entire structure.
f.
Subsequent to the effective date of this subsection, landscaping
stones on all development, as defined herein, shall be regulated as
follows:
[Added 11-28-2022 by Ord.
No. 026-2022]
1.
Landscaping stone is not permitted in the area between the sidewalk
and curb.
2.
Landscaping stones are not permitted in the front yard or side yard.
3.
Landscaping stones located in the rear yard shall be contained by
permanent edging and placed over filter fabric. Plastic or other impermeable
material is prohibited as a weed barrier.
4.
Landscaping stone size shall be between 1 1/2 inch and three
inches in diameter.
[Ord. #009-2007, § 2; Ord. #004-2015 § 3]
a.
Purpose. The intent of the "CM2" Commercial, "CM4" Rural Commercial
and "CMP" Commercial District Pinelands Districts is to promote the
development of commercial uses throughout the Township, recognizing
the diversity of each commercial area and permitting flexible standards
to achieve the optimal development plan to suit the specific commercial
location, the environmental constraints and lack of public sewage.
There are presently commercial areas in the Township which serve as
small neighborhood market areas, commercial areas such as Tuckahoe
which act as a village commercial center, as well as commercial areas
that serve the region's vehicular traffic along the community's roadways.
The area and yard requirements vary among the zones based upon the
underlying State Planning Area to provide more open space and less
impervious coverage in the "CM4" and "CMP" Districts.
b.
Permitted Uses. The permitted uses pertaining to the "CM2," "CM4"
and "CMP" Districts are provided on Schedule B Commercial and Mixed
Use Districts — Permitted Principal, Conditional and Accessory
Uses[1] except as modified or supplemented by this section.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses in the "CM2," "CM4" and "CMP" Districts are
provided on Schedule C Area and Yard Requirements for Zone Districts[2] except as modified or supplemented by this section.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
General Requirements.
1.
One building may contain more than one use provided that the total
building coverage of the combined uses does not exceed the maximum
building coverage specified for the district and, further, that each
use occupies a minimum gross floor area of 500 square feet.
2.
A shopping center may contain more than one principal building provided
that the total building coverage specified for the district is not
exceeded and the following building separation requirements are met:
3.
Off-street parking areas within a shopping center may reduce the
stall size from 10 feet by 20 feet to nine feet by 18 feet for 50%
of the total spaces over 100 spaces.
4.
No merchandise, products or similar material or objects shall be
displayed or stored outside unless appropriately screened and maintained.
Any use resulting in the storage of vehicles outside shall have such
area entirely enclosed by a fence, wall, plant material or combination
thereof in order to provide a visual barrier between the storage areas
and any street, residential zoning district or existing residential
use. Such outside storage area shall not exceed 30% of the lot area
and shall be located in the rear yard only.
5.
All buildings shall be compatibly designed whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purposes which shall not include unpainted or painted
cinder block or concrete block walls.
6.
All areas not utilized for buildings, parking, loading, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or similar plantings and maintained
in good condition.
7.
Outside sales display area shall be permitted subject to the following:
(a)
Display area shall be limited to 50 square feet for every 50
feet of road frontage and not to exceed a total feet of 200 square
feet.
(b)
Items within the display area shall not exceed a height of six
feet.
(c)
Items shall not be located within the sight triangle of any
driveway or roadway intersection or inhibit pedestrian or vehicle
circulation.
(d)
Temporary display areas shall be permitted two nonconsecutive
forty-five-day periods per year. Temporary zoning permit shall be
required for each period at least 10 days prior to the start of the
temporary display area.
e.
Minimum Off-Street Loading.
1.
Each non-shopping center activity shall provide for off-street loading
and unloading with adequate ingress and egress from streets and shall
provide such area(s) at the site or rear of the building. Each space
shall be at least 15 feet by 40 feet. One space shall be provided
for the first 7,000 square feet of gross floor area or fraction thereof
in each building, and one additional space for each additional 10,000
square feet of gross floor area or fraction thereof. There shall be
no loading or unloading from the street. Loading area requirements
may be met by combining the floor areas of several activities taking
place under one roof and applying the above ratios.
2.
Shopping centers shall provide sufficient loading areas to adequately
service the activities within the shopping center.
3.
There shall be at least one trash or garbage pickup location provided
by each building which shall be separated from the parking spaces
by either a location within the building or in a pickup location outside
the building. The trash and/or garbage shall be stored in a steel-like,
totally enclosed container located in a manner to be obscured from
view from parking areas, streets and adjacent residential uses or
zoning districts by a fence, wall, planting or combination of the
three. If located within the building, the doorway may serve both
the loading and trash/garbage functions. If a container is used for
trash/garbage functions and is located outside the building, it may
be located adjacent to or within the general loading area(s) provided
the container in no way interferes with or restricts loading and unloading
functions.
[Ord. #009-2007, § 2; Ord. #008-2011; Ord. #004-2015
§ 3; Ord. No. 011-2018]
a.
Purpose. The purpose of the "TC" and "TCC" Districts is intended
to promote a desirable mix of commercial, office, civic and residential
land uses within a vibrant, pedestrian-friendly, village environment
with an emphasis on uses that service local needs. It is intended
to encourage pedestrian flow throughout the area by generally permitting
stores and shops and personal service establishments on the ground
floor of buildings and promoting the use of upper floors for offices
and residential dwelling units in order to enhance the orientation
of land uses toward pedestrian shopping and circulation within a village-style
mixed-use environment. The districts promote a more dense development
through the use of community wastewater treatment facilities.
b.
Goals. The goals of the "TC" and "TCC" Districts include ensuring
design compatibility with existing development that considers building
height, materials, colors, landscaping and signage, sharing off-street
parking and stormwater detention opportunities, providing off-street
parking that is well-screened from public view; controlling means
of vehicular access and coordinating internal pedestrian and vehicular
traffic flows relating to existing and proposed development patterns.
All development shall reflect traditional village planning and design
principles, including:
1.
Provide a layout of buildings, open spaces and parking lot edges
that encourage sidewalk and pathway interconnections.
2.
Provide for focal points such as small parks or squares and other
open spaces, as appropriate, such that a sense of place is enhanced
and strengthened.
3.
Promote the transition of land development into a new district that
exhibits the design features of a traditional mixed-use village neighborhood
promoting pedestrian circulation, social gathering and interaction
amongst commercial establishments supporting and servicing the residents
of the community.
4.
Create a district that offers a feeling of security.
5.
Encourage a mix of residences, stores and shops, personal service
establishments, offices, workplaces and civic uses that are interwoven
within a traditional mixed-use village neighborhood, all in close
proximity.
6.
Encourage a mix of uses that provide for predominately retail stores,
offices, restaurants and personal service uses on the first floor
or street level with office and residential uses located on upper
floors.
(a)
Promote the design and arrangement of buildings in a manner
that advances "green building" concepts to achieve sustainability.
(b)
Promote the creation of a district with architectural facade
design and building scale typical for a mixed-use village neighborhood
and representative of elements of Upper Township's historic character.
(c)
Promote cross access and shared access to reduce the number
of driveways along Route 9.
c.
Permitted Principal Uses. The permitted principal uses pertaining
to the "TC" and "TCC" Districts are provided on Schedule B Commercial
and Mixed Use Districts — Permitted Principal, Conditional and
Accessory Uses[1] except as modified or supplemented by this section.
1.
Retail stores, restaurants and personal service uses are permitted
only on the first floor within the "TCC" and "TC" Districts. Multifamily
units are permitted only on the second and third floors in the "TCC"
District. Offices are permitted on all floors in the "TCC" and "TC"
Districts.
2.
Multifamily housing units are permitted in the "TCC" District through noncontiguous residential density transfer from the "AR," "C," "RD," F3," "F10" and "F25" Districts in accordance with zoning requirements under Subsection 20-6.8.
3.
Multifamily housing and townhouses are permitted within the "TC" District through noncontiguous residential density transfer from the "AR," "C," "RD," F3," "F10" and "F25" Districts in accordance with zoning requirements under Subsection 20-6.8.
4.
Repair and servicing, indoors only, of any article for sale which
is permitted in this district.
5.
Banks and Similar Financial Institutions. Drive-through provided
that such are compatible with the design of the building and are appropriately
located at the side or rear of a building. Drive-through facilities
serving such uses shall be permitted provided that the scale of the
drive through windows and lanes is compatible with the design of the
building and site design. A maximum of three drive-through lanes shall
be permitted (inclusive of lanes for ATMs).
6.
Apartments over retail including affordable housing meeting all standards of the Council of Affordable Housing and of the Township. Dwelling units shall be provided through noncontiguous residential density transfer from the "AR," "C," "RD," "F3," "F10" and "F25" Districts in accordance with zoning requirements under Subsection 20-6.8.
7.
Parks, plazas and playgrounds.
8.
Building structures and uses owned or operated by the Upper Township
for municipal purposes.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Permitted Accessory Uses. The permitted accessory uses pertaining
to the "TC" and "TCC" Districts are provided on Schedule B Commercial
and Mixed Use Districts — Permitted Principal, Conditional and
Accessory Uses[2] except as modified or supplemented by this section.
1.
Recreational and/or open space facilities, including, but not limited
to, walkways, courtyards and plazas.
2.
Off-street parking and loading located to the rear of principal buildings
or appropriately screened from public view.
3.
Signage standards shall be compatible to the architectural design
of the buildings. Monument signs, wall and hanging signs shall be
limited in size and compatible with the pedestrian scale of the center.
Pylon signs are prohibited.
4.
Street furnishings, planters, street lights, and exterior, garden
type, shade structures (gazebos).
5.
Sidewalk cafes associated with permitted restaurants.
6.
Fences and walls, which shall complement the architectural style,
type and design of the building and the overall project design.
7.
Decks, patios and terraces, which shall complement the architectural
style, type and design of the building and the overall project design.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
e.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses within the "TC" and "TCC" Districts are provided
on Schedule C Area and Yard Requirements for Zone Districts except
as modified or supplemented by this section.[3]
1.
The maximum building height shall be three stories.
[3]
Editor's Note: Schedule C is included as an attachment to this chapter.
f.
Affordable Housing Requirements. Each applicant shall provide affordable
units as required by the Township's housing plan and as determined
by the New Jersey Council on Affordable Housing ("COAH") regulations.
All affordable units shall meet COAH and Township affordable housing
regulations.
g.
Parking Standards.
1.
The following off-street parking standards in the "TC" and "TCC" Districts shall be subject to Subsection 20-5.7 except that offices shall be provided at a ratio of four spaces per 1,000 square feet gross floor area. Residential parking shall comply with New Jersey Residential Site Improvement Standards ("RSIS"). A reduction in overall parking requirements may be permitted for shared parking use in mixed use developments based upon appropriate documentation provided to the Planning Board at the time of site plan approval by a qualified traffic expert.
2.
Where off-street parking areas are visible from existing public streets
of the development, they shall be screened by landscaping or a low
masonry wall.
3.
Off-street parking areas within a shopping center may reduce the
stall size from 10 feet by 20 feet to nine feet by 18 feet for 50%
of the total spaces over 100 spaces.
4.
Parking shall not be permitted in the front yard along any road.
5.
For single uses or shopping centers that have more than a total of
80,000 square feet, 75% of the required parking shall be provided
within a parking garage or other structure with two or more stories.
6.
Parking garages shall not be considered a building for the calculation
of building coverage but must meet all other requirements for accessory
setbacks and impervious coverage limits. If the parking garage is
attached to the principal building then that portion dedicated to
the parking of vehicles shall not be included in the calculation of
building coverage.
7.
Parking garages shall be provided with an architectural facade that
screens the structure and is compatible with the principal use on
the lot and shall comply with the standards set forth in Subsection
I below to the maximum extent practicable.
h.
Minimum Off-Street Loading.
1.
Each commercial activity shall provide for off-street loading and
unloading with adequate ingress and egress from streets and shall
provide such area(s) at the side or rear of the building. Each space
shall be at least 15 feet by 40 feet. One space shall be provided
for the first 7,000 square feet of gross floor area or fraction thereof
in each building, and one additional space for each additional 10,000
square feet of gross floor area or fraction thereof. There shall be
no loading or unloading from the street. Loading area requirements
may be met by combining the floor areas of several activities taking
place under one roof and applying the above ratios.
2.
There shall be at least one trash or garbage pickup location provided
by each building which shall be separated from the parking spaces
by either a location within the building or in a pickup location outside
the building.
3.
The trash and/or garbage shall be stored in an enclosed container
located in a manner to be obscured from view from parking areas, streets
and adjacent residential uses or zoning districts by a masonry wall
and planting.
i.
Architectural Design Standards. All buildings shall be designed to
convey a small-scale town or village character. Buildings shall contain
the following design elements:
1.
Building exteriors shall have vertical and/or horizontal offsets
to create visual breaks on the exterior. Long, monotonous, uninterrupted
walls or roof planes are not permitted. Building wall offsets, including
projections such as balconies, canopies, and signs, recesses, and
changes in floor level shall be used in order to add architectural
interest and variety and to relieve the visual effect of a simple,
long wall. Similarly, roof-line offsets, dormers, or gables shall
be provided in order to provide architectural interest and variety
to the massing of a building and to relieve the effect of a single,
long roof.
2.
A variety of building setbacks, roof lines, color schemes, elevations
and heights shall be developed, relative to adjacent structures, to
avoid a repetitious and monotonous streetscape. At least 1/2 of the
developed facade must be two stories in appearance.
3.
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building shall be architecturally designed to be consistent
with regard to style, materials, colors and details. Blank wall or
service area treatment of side and/or rear elevations visible from
public view are discouraged.
4.
The exteriors of all buildings in the development, including any
permitted accessory buildings, shall be architecturally compatible
and be constructed of quality materials.
5.
Architectural detail, style, color, proportion and massing shall
reflect the continuity of treatment through the district, obtained
by maintaining the building scale or by subtly graduating changes;
by maintaining bases courses; by maintaining cornice lines in buildings
of the same height; by use in surrounding buildings. Upper story windows
shall be vertically aligned with the location of windows and doors
on the ground level.
6.
Ground floor retail, services, and restaurant uses shall have large
pane display windows. Such windows shall be framed by the surrounding
wall and shall not exceed 75% of the total ground level facade area.
7.
An orderly relationship among windows, doors, porches and roof forms
shall be provided for.
8.
Natural materials such as wood and masonry are recommended. High-quality
manmade siding materials are permitted. Stucco may be used as an accent
in limited areas.
9.
Pitched roofs (6/12 to 12/12) are recommended. Both gable and hipped
roofs shall provide overhanging eaves on all sides that extend a minimum
of one foot beyond the building wall. Flat and mansard-type roofs
are not permitted, however, such roof treatments may be allowed if
the architectural detail is provided to give the appearance of a pitched
roof.
10.
All entrances to a building shall be defined and articulated by architecture
compatible with the style, materials, colors and details of the building
as well as shall the doors.
11.
Corner buildings shall be designed to appear as landmark buildings,
since they have at least two front facades visibly exposed to the
street. One possible treatment to achieve this goal would have buildings
designed with additional height or architectural embellishments, such
as corner towers, to emphasize their location.
12.
Building facade shall create a defining wall along the streetscape.
Covered archways (minimum eight feet wide and maximum 50 feet wide)
connecting buildings, enabling pedestrian circulation, shall be permitted
to achieve the defining wall.
13.
Heating, ventilating and air-conditioning (HVAC) systems, exhaust
pipes and stacks, satellite dishes and other telecommunications receiving
devices shall be screened or otherwise specially treated to be inconspicuous
as viewed from the public right-of-way and adjacent properties.
14.
Street furnishings such as benches, street lamps, bicycle racks,
trash receptacles, bus stop shelters, landscape planters and hanging
baskets shall be provided.
15.
Street-level store fronts and building entrances shall be open and
inviting to pedestrians. Building entrance shall be enhanced by decorative
pavements, detailed landscape and appropriate street furnishing.
16.
Decorative paving shall be required for pedestrian crossings within
parking areas and elsewhere.
j.
Residential Standards for Townhouses and Multifamily Buildings.
1.
Residential units that are not part of a mixed use project are permitted only through density transfer as detailed under Subsection 20-6.8.
2.
Public water and a community wastewater treatment facility shall
be provided.
3.
Maximum density for residential dwelling units shall not exceed six
units per acre for townhouses and 12 units per acre for multifamily
buildings.
4.
Minimum tract area for developments constructed solely for residential
uses in the "TC" and "TCC" Zones shall be five acres.
5.
All common parking facilities shall be located at the rear of all
dwelling units or in locations to be approved by the Planning Board.
There shall be no parking or parking facilities in the required front
yard setback of the property.
6.
Townhouses.
(a)
With respect to townhouses, the distance between two adjacent
buildings side to side shall not be less than 30 feet. The distance
between two adjacent buildings rear to rear shall not be less than
50 feet and side to rear shall not be less than 30 feet.
(b)
No townhouse building shall be designed for or occupied by more
than eight dwelling units.
(c)
No townhouse building shall exceed 180 feet in length in its
longest dimension, provided; however, that buildings may exceed the
foregoing length so long as they do not contain more than six dwelling
units. In addition, not more than two consecutive units shall be designed
without at least a five-foot offset in the building line.
(d)
There shall be no fewer than two exterior wall exposures for
each unit, each of which shall be properly placed so as to provide
thorough ventilation for each unit.
(e)
Individual townhouse lots. Parcel may be subdivided into separate
lots. Requirements for individual lots shall be as follows.
|
Minimum lot area
|
2,500 square feet
|
|
Maximum building coverage
|
60%
|
|
Maximum impervious coverage
|
70%
|
|
Minimum lot width
|
25 feet
|
|
Minimum lot frontage
|
25 feet
|
|
Minimum lot depth
|
100 feet
|
|
Maximum building height
|
35 feet
|
|
Minimum front yard setbacks
|
5 feet
|
|
Maximum front yard setbacks
|
20 feet
|
|
Minimum side yard setback (1/both)
|
0 feet/0 feet
|
|
Minimum rear yard setback
|
25 feet
|
|
Minimum unit width
|
20 feet
|
|
Accessory structures: (Minimum side yard and rear yard setback)
|
5 feet
|
7.
Multifamily Buildings.
(a)
A multifamily building shall not exceed 180 feet in length;
in addition, not more than two consecutive units shall be designed
without at least a five-foot offset in the building line.
(b)
The distance between multifamily buildings shall be a minimum
of 50 feet.
(c)
No more than 20 dwelling units shall be contained in a single
multifamily building.
k.
Open Space Plaza Design Standards.
1.
One open space plaza shall be provided directly adjacent to a principal
structure for each 80,000 square feet of nonresidential building.
2.
Open space plaza shall meet the following standards.
(a)
Encompass 2% of the lot area but shall not be less than 2,000
square feet in size.
(b)
One tree per 1,250 square feet of plaza.
(c)
Planting bed area of 150 square feet per 1,250 square feet of
plaza.
(d)
Pedestrian-scaled lighting must maintain an average of 0.50
foot candle illumination within the plaza.
(e)
Benches and picnic tables with one seat or 24 inches of bench
area per 200 square feet of plaza.
(f)
One trash and recycling receptacle per 2,000 square feet of
plaza.
(g)
One bike rack per 8,000 square feet of plaza.
(h)
Plazas over 8,000 square feet shall provide one piece of public
art or water feature.
3.
The open space plaza shall be maintained by the property owner.
l.
Outside sales display area for commercial uses shall be permitted
subject to the following:
1.
Display area shall be limited to 50 square feet for every 50 feet
of road frontage and not to exceed a total of 200 square feet.
2.
Items within the display area shall not exceed a height of six feet.
3.
Items shall not be located within the sight triangle of any driveway
or roadway intersection or inhibit pedestrian or vehicle circulation.
4.
Temporary display areas shall be permitted two nonconsecutive forty-five-day
periods per year. Temporary zoning permit shall be required for each
period at least 10 days prior to the start of the temporary display
area.
[Ord. #009-2007, § 2]
a.
Purpose. The purpose of the "C" District is to control development
on those lands in the Township which are affected by extreme physiographic
impediments which include areas of swamp, tidal marsh and land located
within the Flood Hazard Area and upland areas adjacent to those areas
which serve as an integral buffer. The uses allowed may be subject
to approval by the New Jersey Department of Environmental Protection
under provisions of the Wetlands Act (N.J.S.A. 13:9A-1 et seq.) and
the Coastal Facilities Review Act (N.J.S.A. 13:9-1 et seq.). Other
areas in the Township designated in the "C" District include State
forest and wildlife lands. The uses that are permitted include low
density single-family home construction and agricultural and recreational
uses.
b.
Permitted Uses. The permitted principal uses pertaining to the "C"
Conservation District are provided on Schedule A Residential Districts
— Permitted Principal, Conditional and Accessory Uses[1] except as modified or supplemented by this section.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Accessory Uses. The permitted principal uses pertaining to the "C"
Conservation District are provided on Schedule A Residential Districts
— Permitted Principal, Conditional and Accessory Uses[2] except as modified or supplemented by this section.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses within the "C" Conservation District are provided
on Schedule C Area and Yard Requirements for Zone Districts[3] except as modified or supplemented by this section.
[3]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
[1]
Editor's Note: Former Subsection 20-4.9, "U" Utility District,
adopted or amended by Ord. #009-2007, § 2, was repealed
5-26-2020 by Ord. No. 005-2020.
[Ord. #009-2007, § 2; Ord. #002-2013]
a.
Purpose. The purpose of the Mining District is to insure safety as
well as the aesthetic quality of the site during and after construction
and to minimize the adverse impacts of the mining operation on the
site, the surrounding properties, and the community in general.
b.
Permitted Principal Uses. The permitted principal uses pertaining
to the "M" District are provided on Schedule B Commercial and Mixed
Use Districts — Permitted Principal, Conditional and Accessory
Uses except as modified or supplemented by this section.
1.
The continuation of existing resource extraction operations and excavation activities in accordance with N.J.A.C. 7:50-6, Part VI and Subsection 19-7.15 of the Township Code.
2.
Mechanical separation or grading of the soils or minerals excavated
from the site.
3.
Storage facilities and office incidental to the uses permitted in
paragraphs b1, and 2 above.
c.
Permitted Accessory Uses. The permitted accessory uses pertaining
to the "M" Mining District are provided on Schedule B — Commercial
and Mixed Use Districts — Permitted Principal, Conditional and
Accessory Uses except as modified or supplemented by this section.
1.
Recycling of concrete and asphalt resulting from construction or
demolition activities, provided any such recycling facilities or activities
are accessory to an existing lawful resource extraction operation.
d.
Maximum Height. No building or structure shall exceed 35 feet in
height.
f.
(Reserved)[1]
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
[Ord. #009-2007, § 2]
a.
Purpose. The Pinelands Villages, identified in N.J.A.C. 7:50, include
Tuckahoe and Petersburg. Pinelands Village Zones provide for infill
development and will continue to serve as the nuclei for residential
expansion in the Pinelands Area. The historic character which is found
in these villages is considered a valuable asset to the area and preservation
and reinforcement of these features is deemed to be in the public
interest as well as serving to maintain and/or enhance real estate
values in these areas.
b.
Permitted Uses. The permitted uses pertaining to the "PV" Pinelands
Villages District are provided on Schedule A Residential Districts
— Permitted Principal, Conditional and Accessory Uses except
as modified or supplemented by this section.
c.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses within the "PV" Pinelands Village District are
provided on Schedule C Area and Yard Requirements for Zone Districts
except as modified or supplemented by this section.
d.
Gross Floor Area Minimum. One thousand square feet for single-family
dwellings.[1]
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
[Ord. #009-2007, § 2]
a.
Purpose. The Rural Development Zone is intended to recognize that
portion of the Township within the Pinelands Area which is slightly
modified by existing development and which may be suitable for limited
future development subject to strict environmental performance standards.
This zone represents a balance between environment and development
values intermediate between the Forest Zone and Pinelands Villages.
b.
Permitted Uses. The permitted uses pertaining to the "RD" Rural Development
District are provided on Schedule A Residential Districts —
Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section.
1.
Public service infrastructure, except that community wastewater treatment
and collection facilities shall be permitted in the Rural Development
Area only in accordance with N.J.A.C. 7:50-6.84(a)2.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses within the "RD" Rural Development District are
provided on Schedule C Area and Yard Requirements for Zone[2] except as modified or supplemented by this section.
1.
Notwithstanding the minimum lot areas set forth herein, no such minimum lot area for a nonresidential use within the RD District shall be less than that needed to meet the water quality standards of Subsection 20-5.14h2(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Gross Floor Area Minimum. One thousand square feet for single-family
dwellings.
[Ord. #009-2007, § 2]
a.
Purpose. The purpose of the "F3," "F10" and "F25" Forest Zone is
to protect undisturbed forested portions of the Pinelands Protection
Area, which support characteristic Pinelands plant and animal species.
These areas are an essential element of the Pinelands environment
and are very sensitive to random and uncontrolled development. Some
parts of the forest area are more suitable for development than others
provided such development is subject to strict environmental performance
standards. The division of this area into three Forest Zones is intended
to provide a transition between developed areas and outlying lands
by accommodating the greater proportions of the permitted average
density in close proximity to the more developed areas and maintaining
the low density character of the outlying areas.
b.
Permitted Uses. The permitted uses pertaining to the "F3," "F10,"
and "F25" Forest Districts are provided on Schedule A Residential
Districts — Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section.
2.
Agricultural employee housing as an element of, and necessary to,
an active agricultural operation.
3.
Low intensity recreational uses, provided that:
(a)
The parcel proposed for low intensity recreational use has an
area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear
feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impermeable
surfaces.
4.
Expansion of existing intensive recreational uses provided that:
(a)
The use was in existence on February 7, 1979 and the capacity
of the use will not exceed two times the capacity of the use on February
7, 1979;
(b)
The use is necessary to achieve recreational use of a particular
element of the Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with
the character of the Pinelands and the characteristics of the particular
basin in which the use is to be located, taking into consideration
the proportion of cleared and developed land, ambient water quality,
ecologically sensitive areas and unique resources and will not unduly
burden available public services.
5.
Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized waste water treatment and collection facilities shall be permitted to service the Forest Area District only in accordance with Subsection 20-5.14h2(b).
7.
Roadside retail sales and service structures and uses provided that:
(a)
The parcel proposed for development has roadway frontage of
at least 150 feet;
(b)
No portion of any structure proposed for development will be
more than 300 feet, measured along a line parallel to the roadway,
from the closest part of a roadside retail sales and service establishment
structure that was in existence on February 7, 1979; and
(c)
The proposed use will not unduly burden public services, including
but not limited to water, sewer, and roads.
8.
Institutional uses, provided that:
(a)
The use does not require or will not generate subsidiary or
satellite development in the Forest Area;
(b)
The applicant has demonstrated that adequate public service
infrastructure will be available to serve the use; and
(c)
The use is primarily designed to serve the needs of the Forest
Area in which the use is to be located.
9.
Pinelands resource-related industrial or manufacturing uses, excluding
resource extraction and uses that rely on sand or gravel as raw products
provided that:
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses within the "F3," "F10," and "F25" Forest Districts
are provided on Schedule C Area and Yard Requirements for Zone Districts[2] except as modified or supplemented by this section.
1.
Notwithstanding the minimum lot areas set forth in Schedule C,[3] no such minimum lot area for a nonresidential use within the F3 or F25 Zone shall be less than that needed to meet the water quality standards of Subsection 20-5.14h2(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[3]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Gross Floor Area Minimum. One thousand square feet for single-family
dwellings.
e.
Forest Area - F-10 Zone. Residential dwelling units on five acre
lots shall be permitted in the F-10 Zone, provided that:
1.
The owner of the lot proposed for development acquires sufficient
vacant contiguous or noncontiguous land which, when combined with
the acreage of the lot proposed for development, equals at least the
following:
2.
All lands acquired pursuant to Subsection 1 above, which may or may not be developable, are located in the F-10 or F-25 Districts;
3.
All noncontiguous lands acquired pursuant to paragraphs 1 and 2 above
are permanently dedicated as open space through recordation of a deed
to the property with no further development permitted except agriculture,
forestry and low intensity recreational uses. Any such deed restrictions
shall be in a form to be approved by the Township Solicitor and the
Pinelands Commission;
4.
Tax assessments for the acquired noncontiguous lands are combined
and assigned to the land to be developed; and
[Ord. #009-2007, § 2]
a.
Purpose. The purpose of the Tuckahoe Village District is to preserve
the unique and historical character of the buildings and structures
throughout the area designated as Tuckahoe Village and to encourage
its appropriate development consistent with its historical character
for the benefit of all our citizens.
b.
Principal Permitted Uses. The permitted principal uses pertaining
to the "TV" Tuckahoe Village District are provided on Schedule B Commercial
and Mixed Use Districts — Permitted, Conditional and Accessory
Uses[1] except as modified or supplemented by this section.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Accessory Uses Permitted. The permitted accessory uses pertaining
to the "TV" Tuckahoe Village District are provided on Schedule B Commercial
and Mixed Use Districts — Permitted, Conditional and Accessory
Uses[2] except as modified or supplemented by this section.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses within the "TV" District are provided on Schedule
C Area and Yard Requirement for Zone Districts[3] except as modified or supplemented by this section.
[3]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
e.
Additional Signage Standards.
1.
One A-Frame type sign a maximum of 12 square feet shall be nonilluminated
and shall be located in the front yard only during business hours.
2.
Outside display areas shall be permitted. Display area shall be limited
to 75 square feet for every 50 feet of road frontage and not to exceed
a total of 200 square feet. Items within the display shall not exceed
a height of six feet and shall not be located within the sight triangle
of any driveway or roadway intersection. Outside display shall only
be permitted during business hours.
[Ord. #009-2007, § 2]
a.
Purpose. To permit residential opportunities at a density that promotes
the water quality of the Tuckahoe River and restricts encroachment
into the wetlands and flood plains.
b.
Principal Permitted Uses. The permitted principal uses pertaining
to the "TR" Tuckahoe Riverfront District are provided on Schedule
A Residential Districts — Permitted, Conditional and Accessory
Uses[1] except as modified or supplemented by this section.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Accessory Uses Permitted. The permitted accessory uses pertaining
to the "TR" Tuckahoe Riverfront District are provided on Schedule
A Residential Districts — Permitted, Conditional and Accessory
Uses[2] except as modified or supplemented by this section.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses within the "TR" District are provided on Schedule
C Area and Yard Requirements for Zone Districts[3] except as modified or supplemented by this section.
[3]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
e.
Landscaped Buffer. A landscaped buffer area of 25 feet in width is required in the rear yard area facing the Tuckahoe River and shall be measured from the rear lot line or the wetland buffer line. Buffer shall comply with the requirements of Subsection 20-5.8a2(a), composition of buffers adjacent to residential districts.
f.
Lighting. No use shall produce a strong, dazzling light or the reflection
of a strong dazzling light or glare beyond the lot lines. Exterior
lighting shall be shielded, buffered, and directed so that glare,
direct light, or reflection will not interfere or distract adjacent
properties or users of the river.
g.
Storage and Waste Disposal. No materials or wastes shall be deposited
upon a lot in such form or manner that they be transferred off the
lot by natural causes or forces; nor shall any substance be deposited
which can contaminate an underground aquifer or river system undesirable
as a source of water supply or recreational use or which will destroy
aquatic life. All materials or wastes which might cause fumes or dust
or which constitute a fire hazard shall be stored indoors and enclosed
in appropriate containers adequate to eliminate such hazards.
h.
Signs. No signs, billboards, advertising, banners, or balloons shall
be erected which are visible from the Tuckahoe River.
[Ord. #009-2007, § 2]
a.
Purpose. The Recreation and Park Zone is intended to recognize the
need for recreational uses throughout the Township. This zone is established
to encourage both commercial and public recreation that is compatible
with the rural surroundings of the community. Passive and nonvehicular
activities are encouraged. The Recreation and Park Pinelands Village
Zone is that portion of the "RP" Zone located in the Pinelands Village.
b.
Principal Permitted Uses. The permitted principal uses pertaining
to the "RP" and "RPPV" Districts are provided on Schedule A Residential
Districts — Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Accessory Uses Permitted. The permitted accessory uses pertaining
to the "RP" and "RPPV" Districts are provided on Schedule A Residential
Districts — Permitted, Conditional and Accessory Uses[2] except as modified or supplemented by this section.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses within the "RP" and "RPPV" Districts are provided
on Schedule C Area and Yard Requirements for Zone Districts[3] except as modified or supplemented by this section.
[3]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
e.
Prohibited Uses. Uses that rely on motorized vehicles or motorized equipment shall be prohibited. Such motorized uses are considered not to be in keeping with the adjoining residential communities. These uses may be permitted as conditional uses if such use is enclosed in a building, where the sound from any such motor is not audible at the property line. Any use not listed under Subsection b above shall be considered prohibited.
[Ord. #009-2007, § 2]
a.
Purpose. The purpose of the "MH" Mobile Home District is to accommodate
development of mobile home parks to provide affordable housing in
accordance with the Township's Housing Element and Fair Share Plan.
The mobile home parks will provide market-rate age-restricted housing
in addition to affordable family housing. On-site community package
treatment plant facilities are permitted to accommodate the increased
density and provide for improved water quality and stormwater runoff.
b.
Permitted Uses. The permitted principal uses pertaining to the "MH"
Mobile Home District are provided on Schedule A Residential Districts
— Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section.
1.
The mobile home park shall provide a minimum of 20% of the total
mobile home units affordable to low and moderate income families.
These affordable housing units shall be rental family units. The units
shall be marketed and rented consistent with the New Jersey Council
on Affordable Housing regulations and the Township's affordable housing
regulations.
2.
The remainder of the units within the mobile home park shall be designed
as an age-restricted mobile home development. The parcel shall be
deed restricted for occupancy by households with at least one person
55 years of age or older and with no person less than 19 years of
age, provided that visitors less than 19 years of age are permitted
for no more than eight weeks during any twelve-month time period.
One temporary resident who provides necessary health care to a permanent
resident of the dwelling units may be 21 years of age or older, provided
that such an individual may not be accompanied by any person(s) intending
to reside at the premises of the unit temporarily or otherwise.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Accessory Uses. The permitted accessory uses pertaining to the "MH"
Mobile Home Park District are provided on Schedule A Residential Districts
— Permitted, Conditional and Accessory Uses[2] except as modified or supplemented by this section.
1.
Service and accessory buildings, including an office-storage building
for the sale of land, storage of maintenance equipment, conduct of
general office functions in relation to operation of the park.
2.
Sewage treatment plant or other utility service installations for
the sole purpose of serving park residents and provided that such
plant(s) and other installation(s) are approved and supervised by
appropriate County, State and Federal rules, regulations and agencies.
3.
Off-Street Parking. For each mobile home, two off-street parking
spaces shall be provided in the following manner:
(a)
No less than one off-street parking space per each individual
mobile home lot.
(b)
The remaining required spaces shall be provided in common parking
facilities to be conveniently located throughout the mobile home park.
Such common facilities shall be located so that no trailer or mobile
home is more than 250 feet from such a facility. Each common parking
area shall be paved, drained and lighted in accordance with Township
standards. No more than 10 cars may be parked in any common parking
area.
4.
No part of any park shall be used for nonresidential purposes, except
such uses as are required for the direct servicing and well-being
of park residents and for the management of the park.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses within the "MH" District are provided on Schedule
C Area and Yard Requirements[3] except as modified or supplemented by this section.
1.
The mobile home park tract shall be in a minimum of 20 acres.
2.
A maximum density of seven mobile homes shall be permitted per acre.
Where the mobile home park involves an expansion of an existing mobile
home park, the maximum density shall apply to the mobile home park
expansion area only. Likewise, the affordable housing obligation shall
apply only to new development.
3.
Tract boundary setback shall be 75 feet. This setback shall be landscaped.
The required buffer and landscape planting may be located within the
tract boundary setback. No roads, parking or buildings or structures
shall be located within tract boundary setback with the exception
of access driveways serving the development and/or bike/jogging paths.
4.
Mobile home spaces shall be a minimum of 5,000 square feet for each
space, and each space shall be a minimum of 50 feet in width.
5.
Mobile homes shall be placed on each space so that there will be
two side yards each of a minimum of five feet, and front yard of a
minimum of 20 feet and rear yard of a minimum of 10 feet. All yard
setbacks shall be unoccupied by anything other than underground utilities,
landscaping, sidewalk or driveway.
6.
Mobile home spaces shall be arranged so as to face upon a driveway,
with unobstructed access, using such driveway, to a public street
or highway.
[3]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
e.
Affordable Housing Requirements. Each affordable mobile home park
unit shall comply with the rules set forth by COAH at N.J.A.C. 5:91,
Procedural Rules, and N.J.A.C. 5:93, Substantive Rules, including
but not limited to:
1.
Each affordable unit shall be marketed via an affirmative marketing
program.
2.
Each Mobile Home Park shall maintain designated pads for affordable
units.
3.
Rental costs for affordable units shall be consistent with current
fees established by COAH.
4.
All affordable units shall be registered with the Township's Municipal
Housing Liaison.
f.
Other Requirements. All mobile home parks shall comply with the following
conditions and requirements:
1.
Landscape Buffer.
(a)
A fifty-foot wide landscape buffer shall be provided. The landscape
buffer shall consist of a fence and an evergreen landscape planting
to provide a visually opaque screen between the mobile home park and
adjacent residential zone district properties.
(b)
The landscape buffer shall consist of a fence a minimum six
feet in height and located at the landscape buffer line. The fence
shall be constructed of materials to form an attractive, visually
opaque screen between the mobile home park and adjacent residential
properties. Wood, metal, heavy duty vinyl or masonry fence materials
may be specified; however, metal chain link fencing with slat inserts
or similar open type fence materials are not permitted. The fence
shall be of solid heavy duty construction. It will be maintained and
replaced if needed throughout the life of the mobile home development.
2.
Minimum Open Space Required. Not less than 5% of the gross area of
the park must be retained as open space or improved for recreational
activity for the residents of the mobile home park. The common open
space shall be dedicated or otherwise preserved and maintained so
as to always remain open and available for use by the residents or
as otherwise approved by the Planning Board, and that such open space
will be preserved and maintained in perpetuity.
3.
All mobile home park roads shall provide convenient circulation and
be at least 24 feet wide. An unobstructed access road to a public
street or highway is required. Emergency access may also be required.
4.
Roads, parking areas and stormwater management system shall be designed
and constructed in accordance with the Residential Site Improvement
Standards.
5.
Public walks shall be provided and constructed of concrete or other
suitable material approved by the Township Engineer. Said walkways
shall not be less than 48 inches in width.
6.
Public areas of a mobile home park shall be adequately lighted so
as to permit safe movement of vehicles and pedestrians at night.
7.
Mobile Home Requirements.
(a)
Mobile homes shall be installed upon and securely fastened to
a frost-free foundation or footer, and in event they shall be erected
on jacks, loose blocks or other temporary materials.
(b)
An enclosure shall be erected around the entire base of mobile
home and shall be constructed of material that provides the appearance
of a block foundation with stucco finish. Such enclosure shall not
be erected on jacks, loose blocks or other temporary materials.
(c)
Additions shall be constructed as a permanent structure and
shall require the prior written approval of the mobile home park owner.
(d)
Each mobile home space shall have a patio of not less than 200
square feet, either open or enclosed.
(e)
Replacements. As of the effective date of this chapter, replacement
of a mobile home by another mobile home on an approved mobile home
lot shall be permitted provided that all yard requirements and other
site requirements are met.
(f)
Nothing contained in this section shall be deemed as prohibiting
the sale of a mobile home located on a mobile home lot and connected
to utilities; however, this shall not apply to the rental affordable
mobile home units.
(g)
Each mobile home space shall have and maintain a minimum of
400 square feet of landscape area in which shrubs and/or flowers shall
be planted and maintained.
8.
Utilities.
(a)
All electric, telephone and television service shall be so installed
as to be beneath the surface of the ground.
(b)
The plumbing of all mobile homes and for the mobile home park
shall be in accordance with the requirements of the National Standard
Plumbing Subcode of the Uniform Construction Code of New Jersey.
(c)
The water supply and distribution shall be in accordance with
the requirements of the New Jersey State Drinking Water Act regulations
published by the New Jersey Department of Environmental Protection.
(d)
Sanitary sewers and sewage treatment plants shall be installed
in accordance with the requirements of the New Jersey Department of
Environmental Protection rules and regulations for the design and
construction of sanitary sewers and sewage treatment plants.
(f)
The storage, collection and disposal of refuse in the mobile
home park shall not be so conducted as to create health hazards, rodent
harborage, insect breeding areas, accident or fire hazards or air
pollution.
(g)
The storage and handling of fuel oil and flammable liquids shall
be in compliance with the pertinent standards of the Uniform Construction
Code of New Jersey.
(h)
Fire protection. The owner of every mobile home shall equip
said mobile home at all times with one fire extinguisher rated for
Class B and C fires as a minimum and in good working order.
9.
Signs. Each mobile home park operator shall cause to be constructed
and affixed to each individual mobile home space one wooden, metal
or plastic signboard not less than four inches in height or 18 inches
in width upon which shall be painted or otherwise permanently affixed
the number of said individual mobile home space, which number shall
correspond to the number of said individual mobile home space as shown
on the diagram filed with the Township Clerk. The numbers used on
said signboard shall be at least four inches in height and have a
thickness enabling them to be read at a distance of 20 feet. All such
signboards shall be uniformly erected in each mobile home park, being
attached to a post or other permanent object, between three feet and
six feet from the ground and shall be kept clearly visible from the
nearest driveway. Signboards shall be numbered in a light color on
a dark background.
10.
Responsibilities of Park Management.
(a)
In every mobile home park there shall be an office established
which may be either in a mobile home or permanent building which shall
be the office of the person in charge of said park. A copy of the
park license and of this chapter shall be posted therein, and the
park register as hereinafter referred to in this section shall at
all times be kept in said office.
(b)
It is hereby made the duty of the attendant or the person in
charge of the office, together with the licensee, to:
(1)
Keep at all times a register containing a record of all mobile
home owners located within the park. Said register shall be kept available
for inspection at all times by State, Federal and Township law enforcement
officers, public health officials and other officials whose duties
necessitate the acquisition of the information contained in the register.
The register records shall not be destroyed for a period of three
years following the date of registration. The register shall contain
the following information: the names and permanent addresses of all
mobile home owners.
(2)
Maintain the park in a clean, orderly and sanitary condition
at all times.
(3)
See that the provisions of this chapter are complied with and
enforced and report promptly to the proper authorities any violation
of this chapter or any other violation of law which may come to his
attention.
(4)
Report to the Health Officer all cases of persons or animals
affected or suspected of being affected with any communicable disease.
(5)
Prevent the running loose of dogs, cats or other animals or
pets.
(6)
Shall require all owners of mobile homes within the park to
maintain said mobile home in clean manner and any mobile home to be
determined to be deteriorated by the Construction Code Official, Municipal
Housing Liaison or Municipal Engineer shall be required to be replaced.
[Ord. #009-2007, § 2]
a.
Purpose. The purpose of the "AHGR" Affordable Housing Group Home
District is to accommodate the development of a community residential
facility that services the needs of developmentally disabled persons
in a setting that accommodates up to 24 persons who require assistance.
b.
Principal Permitted Uses. The permitted principal uses pertaining
to the "AHGR" District is provided on Schedule A Residential Districts
— Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section. Private
licensed facility for the developmentally disabled.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Accessory Uses Permitted. The permitted accessory uses pertaining
to the "AHGR" District are provided on Schedule A Residential Districts
— Permitted, Conditional and Accessory Uses except as modified
or supplemented by this section.[2]
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses within the "AHGR" District are provided on Schedule
C Area and Yard Requirements for Zone Districts[3] except as modified or supplemented by this section.
[3]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
e.
Additional Requirements.
1.
Sufficient off-street area is to be provided for the pickup and discharge
of occupants by vans or other vehicles serving the residents.
2.
All such facilities for the developmentally disabled shall have 0.50
parking space for each resident. The Planning Board shall give due
consideration to provisions for visitation and the number of resident
staff in order to ensure that there is ample parking facilities. Additional
parking shall be provided 1.25 for every employee on the maximum shift
and one space shall be provided for every vehicle owned or operated
by the use operating from the site.
3.
One sign denoting the nature of the facility shall be allowed and
shall be limited to 20 square feet in size and be either building
mounted or free standing.
[Ord. #003-2016]
a.
Purpose. The purpose of the Affordable Accessory Apartments is to
accommodate the development and conversion of accessory apartments
to provide affordable housing in accordance with the Township's Housing
Element and Fair Share Plan.
b.
Where Permitted. Affordable Accessory Apartments are provided on
Schedule B Commercial and Mixed Use Districts.
c.
Definition. An affordable accessory apartment shall be a self-contained
residential dwelling unit with a kitchen, bathroom, sleeping quarters
and a private entrance which is created to be occupied by a "moderate"
income household in accordance with the applicable provisions of the
"Substantive Rules" of the New Jersey Council on Affordable Housing
(COAH) at N.J.A.C. 5:97-6.8.
d.
Additional Conditions.
1.
The "Affordable Accessory Apartment" shall be rented only to a "moderate"
income household at the time of initial occupancy of the unit.
2.
The "Affordable Accessory Apartment" shall, for a period of 30 years
from the date of the issuance of a Certificate of Occupancy, be rented
only to "moderate" income households.
3.
Rents of "Affordable Accessory Apartments" shall be affordable to
moderate income households in accordance with the applicable provisions
of N.J.A.C. 5:97-9, and shall specifically include an allowance for
utilities in accordance with Uniform Housing Affordability Controls
set forth in N.J.A.C. 5:80-26.1 et. seq.
4.
There shall be a recorded deed or declaration of covenants and restrictions
applied to the property upon which the "Affordable Accessory Apartment"
is located running with the land and limiting its subsequent rental
or sale.
5.
No more than 10 units of the Township's Affordable Housing Obligation
to produce "Affordable Accessory Apartments" shall be permitted.
6.
The "Affordable Accessory Apartment" program shall be affirmatively
marketed to the Housing Region 6 consisting of Atlantic, Cape May,
Cumberland and Salem counties in accordance with the "Affirmative
Marketing Plan".
e.
At the end of the thirty-year deed restriction, the Township may
negotiate with the owner to extend affordability controls subject
to COAH's expiration of affordability controls procedures.
f.
At the termination of the deed restriction, the affordable accessory
apartment will be permitted to be marketed to the general public without
affordability controls.
g.
The "Affordable Accessory Apartment" may be a newly created accessory
apartment in the Commercial and Mixed Use District.
h.
Administration of the "Affordable Accessory Apartment" Program.
1.
The Township Committee of Upper Township shall designate an administrative
entity to administer the "Affordable Accessory Apartment" program
in accordance with the following:
(a)
The administrative entity shall administer the "Affordable Accessory
Apartment" program including advertising, income qualifying prospective
renters, setting rents and annual rental increases, maintaining a
waiting list, distributing the subsidy, securing certificates of occupancy,
qualifying properties, handling application forms, filing deed restrictions
and monitoring reports, and affirmatively marketing the "Affordable
Accessory Apartment" program;
(b)
The administrative entity shall only deny an application for
an accessory apartment if the project is not in conformance with COAH's
requirements and/or the provisions of this subsection. All denials
shall be in writing with the reasons clearly stated; and
(c)
In accordance with COAH requirements, the Township shall provide
at least $20,000 to subsidize the creation of an "Affordable Accessory
Apartment" conforming to the requirements of this subsection and COAH
requirements.
(d)
Prior to the grant of such subsidy, the property owner shall
enter into a written agreement with the Township insuring that the
apartment shall meet the requirements of this subsection and COAH
regulations.
i.
Application Procedures.
1.
Each application for the creation of an "Affordable Accessory Apartment"
shall submit the following information to the designated administrative
entity:
(a)
A sketch of floor plan(s) showing the location, size and relationship
of both the "Affordable Accessory Apartment" and the primary dwelling
within the building or in another structure;
(b)
Rough elevations showing the modification of any exterior building
facade to which changes are proposed; and
(c)
A site development sketch showing the location of the existing
dwelling and other existing buildings; all property lines; proposed
addition if any, along with the minimum building setback lines; the
required parking spaces for both dwelling units and any natural or
man-made conditions which might affect construction.
[Ord. No. 011-2018]
a.
Purpose. The purpose of the "MTCD" District is intended to promote
a desirable mix of commercial, office, civic and inclusionary residential
land uses within a vibrant, pedestrian-friendly, village environment
with an emphasis on uses that service local needs. It is intended
to encourage pedestrian flow throughout the area by generally permitting
stores and shops and personal service establishments on the ground
floor of buildings and promoting the use of upper floors for offices
and inclusionary residential dwelling units in order to enhance the
orientation of land uses toward pedestrian shopping and circulation
within a village-style mixed-use environment. The district promotes
a more dense development through the use of community wastewater treatment
facilities or sanitary sewer connection. The MTCD District is intended
to create a variety of residential housing densities and options including
affordable housing units. The MTCD district is further intended to
promote non-residential development and balance the mix of residential
to non-residential uses.
b.
Goals. The goals of the "MTCD" District includes ensuring design
compatibility with existing development that considers building height,
materials, colors, landscaping and signage, sharing off-street parking
and stormwater detention opportunities, providing off-street parking
that is well-screened from public view; controlling means of vehicular
access and coordinating internal pedestrian and vehicular traffic
flows relating to existing and proposed development patterns. All
development shall reflect traditional village planning and design
principles, including:
1.
Provide a layout of buildings, open spaces and parking lot edges
that encourage sidewalk and pathway interconnections.
2.
Provide for focal points such as small parks or squares and other
open spaces, as appropriate, such that a sense of place is enhanced
and strengthened.
3.
Promote the construction of affordable housing.
4.
Promote the transition of land development into a new district that
exhibits the design features of a traditional mixed-use village neighborhood
promoting pedestrian circulation, social gathering and interaction
amongst commercial establishments supporting and servicing the residents
of the community.
5.
Create a district that offers a feeling of security.
6.
Encourage a mix of inclusionary residences, stores and shops, personal
service establishments, offices, workplaces and civic uses that are
interwoven within a traditional mixed-use village neighborhood, all
in close proximity.
7.
Encourage a mix of uses that provide for predominately retail stores,
offices, restaurants and personal service uses on the first floor
or street level with office and residential uses located on upper
floors.
(a)
Promote the design and arrangement of buildings in a manner
that advances "green building" concepts to achieve sustainability.
(b)
Promote the creation of a district with architectural facade
design and building scale typical for a mixed-use village neighborhood
and representative of elements of Upper Township's historic character.
(c)
Promote cross access and shared access to reduce the number
of driveways along Route 9.
c.
The permitted principal uses pertaining to the "MTCD" District shall
require a mixed-use development limited to the following:
[Amended 5-26-2020 by Ord. No. 005-2020]
1.
Mixed-use projects shall provide a combination of residential and
nonresidential development in accordance with the following:
(a)
Mixed-use developments shall have 40% of the total habitable
space for nonresidential development uses and 60% of the total habitable
space for residential development uses.
(b)
The residential may be upper-level apartments or stand-alone
developments on the same parcel or contiguous parcel.
(c)
All development along Route 9 shall be nonresidential with the
option for upper-level residential. No stand-alone residential building
will be permitted along Route 9.
2.
Within the mixed-use development the following nonresidential uses
are permitted:
(a)
Retail stores, restaurants and personal service uses.
(b)
General or professional offices.
(c)
Repair and servicing, indoors only, of any article for sale
which is permitted in this district.
(d)
Banks and Similar Financial Institutions. Drive-through, provided
that such are compatible with the design of the building and are appropriately
located at the side or rear of a building. Drive-through facilities
servicing such uses shall be permitted, provided that the scale of
the drive-through windows and lanes is compatible with the design
of the building and site design. A maximum of three drive-through
lanes shall be permitted (inclusive of lanes for ATMs).
(e)
Day-care centers.
(f)
Indoor theaters and bowling alleys.
(g)
Retail garden centers.
(h)
School of dance, drama, karate, or any similar instructional
institution.
(i)
Recreation, exercise and health clubs and facilities.
(j)
Shopping centers, including any of the above uses.
(k)
Hotels and motels, including ancillary uses such as conference
halls, banquet rooms, and recreational facilities.
3.
Residential uses within a mixed-use development are required in accordance
with the following:
(a)
A maximum residential density of 12 units per acre is permitted.
(b)
Residential uses shall be on the upper levels of a mixed-use
building or on a contiguous parcel.
(c)
Residential uses are not permitted along the ground floor on
Route 9.
(d)
Residential uses shall require recreational amenities including
but not limited to items such as pools, exercise rooms, outdoor recreational
facilities or parks. The recreational amenities shall be part of any
application for approval and reviewed by the Planning Board. The Board
may permit entertainment or commercial recreational uses to fulfill
this requirement as part of the mixed-use development.
(e)
Residential units only permitted in mixed use projects with
new non-residential construction.
(f)
Affordable Housing Requirements. Each applicant for residential
development shall provide a minimum of 20% of all residential units
as affordable units as required by the Township's housing plan and
as determined by the New Jersey Committee on Affordable Housing ("COAH")
regulations. To ensure that any units created by this subsection generate
affordable housing credits to be applied to the Township's affordable
housing obligations, the affordable units within the Inclusionary
Development shall comply with the Round 2 regulations of the New Jersey
Council on Affordable Housing ("COAH"), the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), and all other applicable
law, including a requirement that 13% of all affordable units are
available to very low income households, and said Inclusionary Development
shall be deed restricted for a period of at least 30 years. In the
event COAH promulgates new applicable and lawful regulations, those
new regulations shall control.
4.
Parks, plazas and playgrounds.
5.
Building structures and uses owned or operated by the Upper Township
for municipal purposes.
d.
Permitted Accessory Uses. The permitted accessory uses pertaining
to the "MTCD" District are provided on Schedule B, Commercial and
Mixed Use Districts — Permitted Principal, Conditional and Accessory
Uses, except as modified or supplemented by this section.[1]
[Amended 5-26-2020 by Ord. No. 005-2020]
1.
Recreational and/or open space facilities, including, but not limited
to, walkways, courtyards and plazas.
2.
Off-street parking and loading located to the rear of principal buildings
or appropriately screened from public view.
3.
Signage standards shall be compatible to the architectural design
of the buildings. Monument signs, wall and hanging signs shall be
limited in size and compatible with the pedestrian scale of the center.
Pylon signs are prohibited.
4.
Street furnishings, planters, street lights, and exterior, garden-type,
shade structures (gazebos).
5.
Sidewalk cafes associated with permitted restaurants.
6.
Fences and walls, which shall complement the architectural style,
type and design of the building and the overall project design.
7.
Decks, patios and terraces, which shall complement the architectural
style, type and design of the building and the overall project design.
8.
Parking garages.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
e.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses within the "MTCD" District are provided on Schedule
C Area and Yard Requirements for Zone Districts except as modified
or supplemented by this section.[2]
1.
Within the Marmora Town Center District (MTCD) the following shall
apply:
(a)
The maximum front yard setback of structures shall be zero feet
from the build-to line along Route 9.
(b)
The majority of the building must be at the build-to line, but
25% of the facade may be set back at a maximum of 10 feet to create
one or more alcoves enclosed on three sides. Outdoor dining, canopies
and balconies are permitted within such alcove areas.
(c)
The side yard (each side) shall be a minimum of zero feet, if
attached to an adjacent building or a minimum of five feet if not
attached to an adjacent building.
(d)
The maximum building height shall be five stories, except for
buildings attached to a hotel use there shall be no maximum limit
on stories.
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
f.
Parking Standards.
1.
The following off-street parking standards in the MTCD District shall be subject to Subsection 20-5.7 except that offices shall be provided at a ratio of four spaces per 1,000 square feet gross floor area. Residential parking shall comply with New Jersey Residential Site Improvement Standards ("RSIS"). A reduction in overall parking requirements may be permitted for shared parking use in mixed use developments based upon appropriate documentation provided to the Planning Board at the time of site plan approval by a qualified traffic expert.
2.
Where off-street parking areas are visible from existing public streets
of the development, they shall be screened by landscaping or a low
masonry wall.
3.
Off-street parking areas within a shopping center may reduce the
stall size from 10 feet by 20 feet to nine feet by 18 feet for 50%
of the total spaces over 100 spaces.
4.
Parking shall not be permitted in the front yard along any road.
5.
For single uses or shopping centers that have more than a total of
80,000 square feet, 75% of the required parking shall be provided
within a parking garage or other structure with two or more stories.
6.
Parking garages shall not be considered a building for the calculation
of building coverage but must meet all other requirements for accessory
setbacks and impervious coverage limits. If the parking garage is
attached to the principal building then that portion dedicated to
the parking of vehicles shall not be included in the calculation of
building coverage.
g.
Minimum Off-Street Loading.
1.
Each commercial activity shall provide for off-street loading and
unloading with adequate ingress and egress from streets and shall
provide such area(s) at the side or rear of the building. Each space
shall be at least 15 feet by 40 feet. One space shall be provided
for the first 7,000 square feet of gross floor area or fraction thereof
in each building, and one additional space for each additional 10,000
square feet of gross floor area or fraction thereof. There shall be
no loading or unloading from the street. Loading area requirements
may be met by combining the floor areas of several activities taking
place under one roof and applying the above ratios.
2.
There shall be at least one trash or garbage pickup location provided
by each building which shall be separated from the parking spaces
by either a location within the building or in a pickup location outside
the building.
3.
The trash and/or garbage shall be stored in an enclosed container
located in a manner to be obscured from view from parking areas, streets
and adjacent residential uses or zoning districts by a masonry wall
and planting.
h.
Architectural Design Standards. All buildings shall be designed to
convey a small-scale town or village character. Buildings shall contain
the following design elements:
1.
Building exteriors shall have vertical and/or horizontal offsets
to create visual breaks on the exterior. Long, monotonous, uninterrupted
walls or roof planes are not permitted. Building wall offsets, including
projections such as balconies, canopies, and signs, recesses, and
changes in floor level shall be used in order to add architectural
interest and variety and to relieve the visual effect of a simple,
long wall. Similarly, roof-line offsets, dormers, or gables shall
be provided in order to provide architectural interest and variety
to the massing of a building and to relieve the effect of a single,
long roof.
2.
A variety of building setbacks, roof lines, color schemes, elevations
and heights shall be developed, relative to adjacent structures, to
avoid a repetitious and monotonous streetscape. At least 1/2 of the
developed facade must be two stories in appearance.
3.
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building shall be architecturally designed to be consistent
with regard to style, materials, colors and details. Blank wall or
service area treatment of side and/or rear elevations visible from
public view are discouraged.
4.
The exteriors of all buildings in the development, including any
permitted accessory buildings, shall be architecturally compatible
and be constructed of quality materials.
5.
Architectural detail, style, color, proportion and massing shall
reflect the continuity of treatment through the district, obtained
by maintaining the building scale or by subtly graduating changes;
by maintaining bases courses; by maintaining cornice lines in buildings
of the same height; by use in surrounding buildings. Upper story windows
shall be vertically aligned with the location of windows and doors
on the ground level.
6.
Ground floor retail, services, and restaurant uses shall have large
pane display windows. Such windows shall be framed by the surrounding
wall and shall not exceed 75% of the total ground level facade area.
7.
An orderly relationship among windows, doors, porches and roof forms
shall be provided for.
8.
Natural materials such as wood and masonry are recommended. High-quality
manmade siding materials are permitted. Stucco may be used as an accent
in limited areas.
9.
Pitched roofs (6/12 to 12/12) are recommended. Both gable and hipped
roofs shall provide overhanging eaves on all sides that extend a minimum
of one foot beyond the building wall. Flat and mansard-type roofs
are not permitted, however, such roof treatments may be allowed if
the architectural detail is provided to give the appearance of a pitched
roof.
10.
All entrances to a building shall be defined and articulated by architecture
compatible with the style, materials, colors and details of the building
as well as shall the doors.
11.
Corner buildings shall be designed to appear as landmark buildings,
since they have at least two front facades visibly exposed to the
street. One possible treatment to achieve this goal would have buildings
designed with additional height or architectural embellishments, such
as corner towers, to emphasize their location.
12.
Building facade shall create a defining wall along the streetscape.
Covered archways (minimum eight feet wide and maximum 50 feet wide)
connecting buildings, enabling pedestrian circulation, shall be permitted
to achieve the defining wall.
13.
Heating, ventilating and air-conditioning (HVAC) systems, exhaust
pipes and stacks, satellite dishes and other telecommunications receiving
devices shall be screened or otherwise specially treated to be inconspicuous
as viewed from the public right-of-way and adjacent properties.
14.
Street furnishings such as benches, street lamps, bicycle racks,
trash receptacles, bus stop shelters, landscape planters and hanging
baskets shall be provided.
15.
Street-level store fronts and building entrances shall be open and
inviting to pedestrians. Building entrance shall be enhanced by decorative
pavements, detailed landscape and appropriate street furnishing.
16.
Decorative paving shall be required for pedestrian crossings within
parking areas and elsewhere.
i.
Residential Standards for Townhouses and Multifamily Buildings.
1.
Inclusionary Residential units are permitted in mixed-use projects only and may be either townhouse units or multi-family apartments. Residential units that are part of a mixed-use development may be on the upper levels or stand-alone on the same parcel or contiguous parcel and must be inclusionary pursuant to Subsection c above.
2.
Public water and a community wastewater treatment facility or sanitary
sewer connection shall be provided.
3.
Maximum density for residential dwelling units shall not exceed 12
units per acre.
4.
All common parking facilities shall be located at the rear of all
dwelling units or in locations to be approved by the Planning Board.
There shall be no parking or parking facilities in the required front
yard setback of the property.
5.
Townhouses.
(a)
With respect to townhouses, the distance between two adjacent
buildings side to side shall not be less than 30 feet. The distance
between two adjacent buildings rear to rear shall not be less than
50 feet and side to rear shall not be less than 30 feet.
(b)
No townhouse building shall be designed for or occupied by more
than eight dwelling units.
(c)
No townhouse building shall exceed 180 feet in length in its
longest dimension, provided; however, that buildings may exceed the
foregoing length so long as they do not contain more than six dwelling
units. In addition, not more than two consecutive units shall be designed
without at least a five-foot offset in the building line.
(d)
There shall be no fewer than two exterior wall exposures for
each unit, each of which shall be properly placed so as to provide
thorough ventilation for each unit.
(e)
Individual townhouse lots. Parcel may be subdivided into separate
lots. Requirements for individual lots shall be as follows.
|
Minimum lot area
|
2,500 square feet
|
|
Maximum building coverage
|
60%
|
|
Maximum impervious coverage
|
70%
|
|
Minimum lot width
|
25 feet
|
|
Minimum lot frontage
|
25 feet
|
|
Minimum lot depth
|
100 feet
|
|
Maximum building height
|
3 stories
|
|
Minimum front yard setbacks
|
5 feet
|
|
Maximum front yard setbacks
|
20 feet
|
|
Minimum side yard setback (1/both)
|
0 feet/0 feet
|
|
Minimum rear yard setback
|
25 feet
|
|
Minimum unit width
|
20 feet
|
|
Accessory structures: (Minimum side yard and rear yard setback)
|
5 feet
|
j.
Open Space Plaza Design Standards.
1.
One open space plaza shall be provided directly adjacent to a principal
structure for each 80,000 square feet of nonresidential building.
2.
Open space plaza shall meet the following standards.
(a)
Encompass 2% of the lot area but shall not be less than 2,000
square feet in size.
(b)
One tree per 1,250 square feet of plaza.
(c)
Planting bed area of 150 square feet per 1,250 square feet of
plaza.
(d)
Pedestrian-scaled lighting must maintain an average of 0.50
foot candle illumination within the plaza.
(e)
Benches and picnic tables with one seat or 24 inches of bench
area per 200 square feet of plaza.
(f)
One trash and recycling receptacle per 2,000 square feet of
plaza.
(g)
One bike rack per 8,000 square feet of plaza.
(h)
Plazas over 8,000 square feet shall provide one piece of public
art or water feature.
3.
The open space plaza shall be maintained by the property owner.
k.
Outside sales display area for commercial uses shall be permitted
subject to the following:
1.
Display area shall be limited to 50 square feet for every 50 feet
of road frontage and not to exceed a total of 200 square feet.
2.
Items within the display area shall not exceed a height of six feet.
3.
Items shall not be located within the sight triangle of any driveway
or roadway intersection or inhibit pedestrian or vehicle circulation.
4.
Temporary display areas shall be permitted two nonconsecutive forty-five-day
periods per year. Temporary zoning permit shall be required for each
period at least 10 days prior to the start of the temporary display
area.
l.
Phasing.
1.
A phasing plan is required within the MTCD zone for each development
tract as part of the site plan approval. The phasing plan shall demonstrate
that there is a ratio of 40% nonresidential habitable area to 60%
residential habitable area before any approval may be granted for
the proposed mixed-use development. The permitted residential density
is 12 units per acre.
[Amended 5-26-2020 by Ord. No. 005-2020]
2.
A construction phasing plan is required as part of a site plan approval.
The construction phasing plan shall provide for the completion of
non-residential to residential in accordance with the following:
(a)
25% of the Non-Residential Space shall be completed with a certificate
of occupancy before any residential units are occupied.
(b)
50% of the Non-Residential Space shall be completed with a certificate
of occupancy before 25% of the Residential units are completed and
occupied.
(c)
75% of the Non-Residential Space shall be completed with a certificate
of occupancy before 50% of the Residential units are completed and
occupied.
(d)
100% of the Non-Residential Space shall be completed with a
certificate of occupancy before 75% of the Residential units are completed
and occupied.
3.
The phasing of the commercial and residential may permit the commercial
to be completed prior to the residential. The development shall include
a site plan for the residential development at the required density
for future construction.
m.
On-Site Security. On-site security plans consisting of personnel
and/or systems shall be included with all applications for development.
The plans shall be coordinated and approved by the Director of the
Department of Public Safety. The use of personnel or systems shall
be based upon the size of the development as determined appropriate
by the Director of the Department of Public Safety and as may be modified
by the Planning Board.
[Ord. No. 019-2018]
a.
Purpose. This use has been established in recognition of the need
to provide affordable housing to meet the unique requirements of senior
citizens with respect to design and proximity to open space, recreation
and shopping areas. It is intended that this zone provide for the
development of affordable age-restricted apartments to address the
Township's housing obligation as discussed in the 2018 Housing Element
and Fair Share Plan.
b.
Special Requirements for Affordable Senior Housing. Affordable senior
residential facilities shall be permitted on Block 549, Lots 70,87,102-104
which is property owned by the Township of Upper and which will be
made available for affordable senior housing as described in the 2006
Upper Township Master Plan, Housing Element and Fair Share Plan as
amended in the 2018 Housing Element and Fair Share Plan. The affordable
senior residential facilities shall be in accordance with the following
requirements.
c.
Principal Permitted Uses.
1.
Multifamily dwellings as part of an affordable age restricted development.
d.
Permitted Accessory Uses. The following accessory uses shall be permitted
in conjunction with the affordable senior residence:
1.
Linen service facilities.
2.
Housekeeping services.
3.
Beautician services.
4.
Meeting and social rooms.
5.
Snack bars/ice cream parlors.
6.
Medical offices for visiting doctors.
7.
Indoor and outdoor recreation facilities.
8.
Health care administrative and management facilities.
9.
Other uses as a customarily associated with and subordinate to the
principal permitted use; however, all support facilities, functions
and services shall be designed and available only for the use and
benefit of resident users of the senior apartments and their guests.
10.
Alternative wastewater treatment facilities.
e.
Yard and Bulk Requirements.
|
Minimum lot area
|
8 acres
|
|
Minimum lot width
|
250 feet
|
|
Minimum lot frontage
|
250 feet
|
|
Minimum lot depth
|
250 feet
|
|
Maximum impervious coverage
|
60%
|
|
Maximum building coverage
|
35%
|
|
Maximum building height
|
45 feet
|
|
Minimum building setbacks to tract boundary
|
50 feet
|
|
Maximum density
|
10 dwelling units per acre
|
|
Affordable housing units
|
100% of the housing units shall be affordable to low and moderate
income households; a minimum of 50% shall be affordable to low income
households including a minimum of 13% shall be affordable to very
low income households
|
|
Minimum open space
|
25%
|
|
Minimum parking setback from tract boundary
|
45 feet
|
|
Minimum landscape buffer
|
35 feet
|
f.
Age Restrictions. All dwelling units within the affordable senior
residence shall be deed restricted for occupancy by households with
at least one person 55 years of age or older and with no person less
than 19 years of age, provided that visitors less than 19 years of
age are permitted for no more than eight weeks during any twelve-month
time period. One temporary resident who provides necessary health
care to a permanent resident of the dwelling units may be 21 years
of age or older, provided that such an individual may not be accompanied
by any person(s) intending to reside at the premises of the unit temporarily
or otherwise. One manager unit shall be permitted and shall be excluded
from these age restrictions.
g.
Other Requirements.
1.
The tract has access to either an arterial or collector road.
2.
The tract must be located within either an existing sewer service
area or area proposed for community wastewater treatment facility.
The sewage and water capacity provided shall be sufficient to accommodate
the uses as approved by the Planning Board.
3.
Parking Requirements.
(a)
A minimum of one space per each apartment plus one space per
employee for each shift.
(b)
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.
(c)
Required parking spaces may be provided by any combination of
enclosed or open spaces but in no event shall the parking facilities
be more than 150 feet from the building that they are intended to
serve.
(d)
The arrangement and location of internal roads, garages and
parking areas shall be subject to the approval of the Planning Board
and shall be designed to insure safe and adequate circulation for
senior citizen residents and their guests.
4.
Design Standards.
(a)
An all-season evergreen buffer shall be provided around the perimeter of the site where the site abuts residential uses, designed in accordance with the standards set forth in Subsection 20-5.8a of this chapter. Existing vegetation shall be considered and can replace the evergreen buffer upon determination of the Township Engineer and approval of the governing board. The required buffer and landscape planting may be located within the tract boundary setback.
(b)
The development shall have an architectural theme designed to
be attractive and compatible with surrounding land uses. All buildings
shall not be designed with flat roofs. Architectural elevations and
typical floor plans shall be submitted to the Planning Board for its
review and approval as part of a submitted site plan application.
(c)
Architectural standards for the affordable senior residence
must be consistent with the ultimate purpose of achieving independent,
self-reliant and pleasant living arrangements for senior citizens
and should take into account the desires and needs of older persons
for privacy and participation in social and community activities.
Provisions should be made to accommodate the limitations that sometimes
accompany advanced years and disabilities so the independent living
can be sustained. Such provisions shall include but not be limited
to the following:
(1)
Ramps shall be provided leading to all structures.
(2)
Grab bars shall be provided besides toilets, and bathtubs or
shower stalls.
(3)
Dwelling units shall be designed and constructed so as to be
free of architectural barriers, which should prohibit or limit access
to or utilization of the dwelling units by physically handicapped
or disabled individuals.
(4)
The use of stairways shall be minimized.
5.
Trash and recycling facilities shall be provided in accordance with Chapter 24 of the Township Revised General Ordinances.
6.
The Planning Board shall have the power to grant such exceptions
from the above improvement requirements as may be reasonable if the
literal enforcement of one or more provisions is impracticable or
will exact undue hardship because of peculiar conditions pertaining
to the land in question.
7.
Affordable Housing Requirements. Each applicant for residential development
shall provide 100% of all residential units as affordable units as
required by the Township's housing plan and as determined by the New
Jersey Council on Affordable Housing ("COAH") regulations. To ensure
that any units created by this Ordinance No. 019-2018 generate affordable
housing credits to be applied to the Township's affordable housing
obligations, the affordable units within the Inclusionary Development
shall comply with the Round 2 regulations of the New Jersey Council
on Affordable Housing, N.J.A.C. 5:93, the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") and/or any successor
regulations, and all other applicable law, including a requirement
that a minimum of 50% shall be affordable to low income households
including a minimum of 13% of all affordable units are available to
very low income households, and said Inclusionary Development shall
be deed restricted for a period of at least 30 years consistent with
UHAC.
[Added 5-26-2020 by Ord. No. 005-2020]
a.
Purpose. The purpose of the "WTC" District is intended to promote
the redevelopment of the BL England property and surrounding area
while promoting the waterfront area. Existing land uses enhancing
the waterfront area include restaurants, beach access, and water-related
recreational rentals.
b.
Goals. The goals of the "WTC" District include an appropriate reuse
and/or redevelopment of the existing BL England property.
c.
Permitted Principal Uses. The permitted principal uses pertaining
to the "WTC" District are as follows:
1.
Recreational facilities and entertainment uses.
2.
Jet-ski rental facilities.
3.
Restaurants.
4.
Retail stores and personal service uses.
5.
General or professional offices.
6.
Hotels and motels, including ancillary uses such as conference halls,
banquet rooms, and recreational facilities.
7.
Parks, plazas and playgrounds.
8.
Building structures and uses owned or operated by Upper Township
for municipal purposes.
d.
Permitted Accessory Uses. The permitted accessory uses are as follows:
1.
Marinas.
2.
Recreational and/or open space facilities, including, but not limited
to, walkways, courtyards and plazas.
3.
Off-street parking and loading located to the rear of principal buildings
or appropriately screened from public view.
4.
Signage standards shall be compatible to the architectural design
of the buildings. Monument signs, wall and hanging signs shall be
limited in size and compatible with the pedestrian scale of the center.
Pylon signs are prohibited.
5.
Street furnishings, planters, streetlights, and exterior, garden-type,
shade structures (gazebos).
6.
Outdoor cafes associated with permitted restaurants.
7.
Fences and walls, which shall complement the architectural style,
type and design of the building and the overall project design.
8.
Decks, patios and terraces, which shall complement the architectural
style, type and design of the building and the overall project design.
e.
Permitted Conditional Uses.
1.
Electrical Substations.
(a)
The total land area devoted to electrical substations shall
not exceed 10 acres.
(b)
Electrical substations are permitted but must be located at
least 1,200 feet from the most waterward side of Lot 76.01 and 1,400
feet from North Shore Road.
(c)
Any new connections to the existing or future substations shall
be underground.
f.
Area and Yard Requirements. The area and yard requirements pertaining
to all permitted uses within the "WTC" District are provided on Schedule
C, Area and Yard Requirements for Zone Districts,[1] except as modified or supplemented by this section.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
[Ord. #006-2002, § 2; Ord. #009-2007, § 2]
a.
Accessory Buildings as Part of Principal Buildings. Any accessory
building attached to a principal building shall be considered part
of the principal building, and the total structure shall adhere to
the yard requirements for the principal building regardless of the
technique of connecting the principal and accessory buildings.
b.
Distance Between Adjacent Buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in § 20-4 except that no poultry or livestock shelter shall be erected nearer than 50 feet to any dwelling on the same lot.
c.
Height of Accessory Buildings. The height of accessory buildings shall be 20 feet unless otherwise prescribed in § 20-4.
d.
Location. An accessory building may be erected in the side and rear yard areas only and shall be set back from the side and rear lot lines as prescribed in § 20-4; except for the following:
1.
If the structure is 100 square feet or less and 10 feet in height
or less then the structure may be located within five feet of a side
or rear yard line except for:
(a)
That if erected on a corner lot, the accessory building shall
be set back from the side street to comply with the setback line applying
to the principal building for that side street;
(b)
That if erected on a lot whereon front yard does not provide
actual legal access, e.g., Garden State Parkway, the accessory building
shall be set back from said street to comply with the setback line
applying to the accessory structure;
2.
No poultry or livestock shelter shall be erected nearer than 50 feet
to any lot lines if permitted in the zone.
e.
Storage container. Shall be permitted on a lot by permit from the
Zoning Official for a period up to 45 days during any 365-day period.
[Added 10-28-2019 by Ord.
No. 016-2019]
f.
Tractor trailers shall be prohibited. Existing tractor trailers must show conformance with Subsection 20-5.6.
[Added 10-28-2019 by Ord.
No. 016-2019]
g.
Size of
Accessory Structure. No accessory structure on a residentially used
lot shall be larger in area or volume than the principal structure.
[Added 11-28-2022 by Ord. No. 026-2022]
[Ord. #006-2002, § 3]
a.
Within any residential district, no building with permitted professional,
office or other home occupation shall be constructed or altered so
as to be inharmonious with the residential character of the adjacent
residential areas.
b.
The Township Committee hereby finds that uniformity in the exterior
design and appearance of dwellings erected in the same residential
neighborhoods tends to adversely affect the desirability of the immediate
and neighboring areas for residential purposes and impairs existing
residential property in such areas; tends to impair the value of both
improved and unimproved real property in such areas; and tends to
deprive the Municipality of tax revenue and destroys a proper balance
between the taxable value of real property in such areas and the cost
of municipal services provided therefor. It is the purpose of this
subsection to prevent these and other harmful effects of uniformity
in design and appearance of dwellings erected in any housing development
in the same residential neighborhood and thus to promote and protect
the general welfare of the community.
1.
Except as provided in this chapter, not more than one construction
permit shall hereafter be issued for any dwelling to be erected in
a housing development consisting of two or more houses if it is substantially
alike in exterior design and appearance with any neighboring dwelling
situated on the same or opposite sides of the street within 150 feet
of a dwelling then in existence or for which a construction permit
has been issued or is pending. The distance herein specified shall
be construed to mean the distance between the street property lines
of the respective properties.
2.
Houses within such specified distance from each other shall be considered
uniform in exterior design and appearance if they have any one of
the following characteristics:
(a)
The same basic dimensions and floor plans are used without substantial
differentiation of one or more exterior elevations.
(b)
The height and design of the roofs are without substantial change
in design and appearance.
(c)
The size and type of windows and doors in the front elevation
are without substantial differentiation.
3.
In addition, there shall be no fewer than two separate basic house
designs in every housing development consisting of eight or fewer
houses; no fewer than three basic house designs in every housing development
consisting of nine to 15 houses; no fewer than five basic house designs
in every housing development consisting of 16 to 50 houses; no fewer
than six basic house designs in every housing development consisting
of 51 to 77 houses; and no fewer than eight basic house designs in
every housing development consisting of 78 or more houses.
4.
To insure conformity with the provisions of this chapter, no construction
permit shall hereafter be issued for more than one dwelling unit in
any housing development until the builder shall post or cause to be
posted on the map of the subdivision on file with the Construction
Official, the type and model of each house for which a construction
permit has been or is being issued.
5.
The provisions, requirements and standards heretofore set forth shall
not be considered met where there is an attempt to make minor changes
or deviations from building plans and location surveys, which changes
show an obvious intent to circumvent the purpose of this subsection.
[Ord. #006-2002, § 2; Ord. #009-2007, § 2; Ord. No. 011-2018]
a.
In the "R," "R2," "AR," "MTCD," "TC," "TCC," "RR," "RC," "C," "PV,"
"RD," "F-3," "F-10," "F-25," "TV," "TR," "WTC" Zones. No fence shall
be erected of barbed wire, topped with metal spikes or constructed
of any material or in any manner which may be dangerous to persons
or animals. Fences or walls permitted under this subsection shall
not be erected or altered to be over four feet in height in the front
yard areas and six feet in height in the side and rear yard areas.
[Amended 5-26-2020 by Ord. No. 005-2020]
b.
"CM," "CM2," "CM4," CMP," "U" Zones. No fence shall be erected or
altered to be over eight feet in height. Fences allowed under this
subsection may be topped with barbed wire. When fences are topped
with barbed wire the barbed wire shall be included in the height measurement.
No barbed wire is allowed in any zone within the area of the front
yard setback.
[Ord. #006-2002, § 2]
All lots being filled shall be cleared of all debris including
brush and tree stumps and be filled with clean fill and/or top soil
to allow complete surface draining of the lot into local storm sewer
systems or natural drainage rights-of-way. No construction shall be
permitted which creates or aggravates water stagnation or a drainage
problem on adjacent properties. Moreover, no person, firm or corporation
shall strip or otherwise remove fill or top soil from any land area
in the Township unless such activity is in accordance with all applicable
Township ordinances.
[Ord. #006-2002, § 2]
a.
Lighting. To control light spillage off-premises onto adjacent properties
or streets, the maximum vertical illumination, when measured at a
point five feet within the adjacent property line at a height of five
feet and facing the light fixture(s), shall be no greater than 0.1
vertical footcandle.
[Amended 10-28-2019 by Ord. No. 016-2019]
b.
Fire Safety.
1.
No site plan approval shall be granted for any nonresidential structure
or residential structures with three or more dwelling units or other
multiple occupancy residential structures, and no major subdivision
approval shall be granted for any residential subdivision not served
by a public water distribution system and fire hydrants, unless the
following fire safety water supply facilities are provided, or payments
to the Township Fire Safety Capital Improvement Fund are made as required
below:
(a)
Internal sprinkler systems as approved by the Construction Official;
or
(b)
Underground storage cisterns with standpipes, including two
gallons of underground storage per square foot of floor area; or
(c)
One eight-inch cased well equipped with a submersible pump (750
gpm or better) and fire hydrant per 10,000 square feet of floor area,
or any combination of the above; or
(d)
Such other water points as may be recommended by the local Fire
Chief and approved by the Planning Board in response to an evaluation
of the unique characteristics of each proposal.
2.
Payment in Lieu of Fire Safety Water Supply Facilities. Where any
nonresidential structure or any residential structure created through
a major subdivision is proposed for development without a public water
distribution system with fire hydrants, or other water points as approved
by the local Fire Chief, the applicant for such permit shall deposit
with the Construction Official a fee to be used as a fair share contribution
to the Township Fire Safety Capital Improvement Fund.
To determine the fair share of payment in lieu of fire safety
water supply facilities, the Planning Board should refer to the capital
budget of the local Fire District in which the development or construction
giving rise to such contribution shall occur and should request a
recommendation from the local Fire Chief of the Fire District. The
Planning Board shall, at its sole discretion, inform the application
of the amount of the required contribution.
3.
No Certificate of Occupancy shall be granted to permit any occupancy
until required fire safety improvements are installed and functioning
or any required fees are paid to the Fire Safety Capital Improvement
Fund.
4.
Any payment made pursuant to subparagraph 2 above, is to be used
as a contribution to the Township Fire Safety Capital Improvement
Fund and shall be utilized only within the Fire District in which
the development or construction giving rise to such contribution shall
occur.
[Ord. #006-2002, § 2; Ord. #001-2004, § 3;
Ord. #009-2007, § 2; Ord. #008-2011; Ord. #023-2011; Ord.
#006-2013; Ord. #008-2014 § 2; Ord. #011-2016 § 2]
a.
The lawful use of land or structures existing at the date of adoption
of this chapter, as amended, may be continued although such use or
structure is nonconforming to the provisions specified in this chapter,
as amended, for the zoning district in which such use or structure
is located except as provided by law.
b.
Any nonconforming use or structure which has been changed to a conforming
use or structure shall not be changed back again into a nonconforming
use or structure.
c.
Any nonconforming use, structure or lot may change ownership and
continue to function as the same nonconforming use, structure or lot
provided all other provisions of this chapter and other applicable
laws are met.
d.
Repairs and maintenance work required to keep a structure in sound
condition may be made to a nonconforming structure or a structure
containing a nonconforming use. Any nonconforming use may be restored
or repaired in the event of partial destruction thereof, provided
such restoration or repair neither increases the nonconformity nor
creates a new violation. An existing nonconforming structure may be
physically expanded by no more than 50% of the building area devoted
to such use as of December 6, 1976, provided building setback and
yard requirements and parking requirements are met and that the plan
for expansion receives site plan approval by the Planning Board.
e.
Any campground use excepting those in the Pinelands Area, existing
as a conforming use immediately prior to the date of adoption of this
chapter and which has been made a nonconforming use by the provisions
of this chapter may be physically expanded as a right by no more than
50% of the land area currently devoted to such use provided that the
use is not changed; that the tract area is not enlarged via the purchase
of additional lands; that the site plan for such expansion receives
approval by the Planning Board in accordance with the provisions of
Chapter 23, Site Plan Review and that all applicable provisions of
this chapter and all other Township ordinances are met.
f.
Any lot upon which a nonconforming use or structure is located shall
not be reduced in size, nor shall any lot already nonconforming be
made more nonconforming in any manner.
g.
Any lots situated in the "AR," "C," "RR," "R," "R2," "TV," "TR,"
"PV," "RD," "F3," "F10," or "F25" Districts which:
1.
Does not meet any one or more of the bulk standards shown on Schedule
C[1] of the district in which the lot is situate, as defined
by this chapter, as amended, and is a conforming use in the district;
and
[1]
Editor's Note: Schedule C, referred to herein, is included as an attachment to this chapter.
2.
Has a minimum frontage and width of 100 feet and a minimum area of
30,000 square feet; or has a minimum frontage of 120 feet and a minimum
area of 20,000 square feet; or is a developed residential lot that
has an existing legally occupied structure; may have a construction
permit issued for use permitted in the zoning district provided each
of the following conditions are met:
(a)
Such a lot shall have been created by a subdivision plat or
deed duly recorded in the Office of the Cape May County Clerk on or
before August 31, 1986 or if situated in the "AR" District on or before
October 9, 2007, which plat or deed shall clearly designate the lot
as an individual parcel of land having either a minimum frontage and
width of 100 feet and a minimum area of 30,000 square feet or a minimum
frontage and width of 120 feet and a minimum area of 20,000 square
feet; or is an existing developed lot; and
[Ord. #011-2016 § 2]
(b)
Building coverage will not exceed 22% of lot area; and
(c)
Parking requirements as defined by this chapter, are met; and
(d)
Side and rear setback provisions of principal and accessory
structures are reduced by the same percentage that the area of such
lot bears to the zoning district requirements; provided however, that
no principal side yard shall be less than 10 feet, except that in
the "RR" District, no principal side yard shall be less than six feet
and that no principal rear yard shall be less than 25 feet, except
that in the "RR" District, no principal rear yard shall be less than
15 feet. No accessory side or rear yard setback shall be less than
five feet; and
(e)
Front yard depth and setback shall conform to those of adjoining
property owners.
(f)
Within the Pinelands Area, the owner of a parcel of land of
an acre or more may construct a residential dwelling which will be
the principal residence of the property owner or a member of the immediate
family of the property owner, provided that;
(1)
The parcel has been in the continuous ownership since February
7, 1979 of the person whose principal residence the dwelling unit
will be, a member of that person's immediate family, or a partnership
or corporation in which members of that person's immediate family
collectively own more than a majority interest in such partnership
or corporation;
(2)
The parcel was not in common ownership with any contiguous land
on or after February 8, 1979 that contains substantial improvements;
and
(3)
The parcel includes all vacant contiguous lands in common ownership
on or after February 8, 1979.
(g)
Impervious coverage will not exceed 70% of lot area; and
(h)
There shall be no requirements to provide tree preservation
or landscape buffer; and
(i)
A developed residential lot that has an existing legally occupied
structure may be reconstructed or replaced, if paragraphs (b) through
(h) above can be met.
h.
Notwithstanding the use restrictions contained in § 20-4, any lawful use existing in the Pinelands Area on January 14, 1981, other than intensive recreation facilities and those uses which are expressly limited in Subsection 20-5.14 may be expanded provided that:
i.
Structural alterations to permitted existing nonconforming uses and structures solely to elevate the structure to conform to the Flood Hazard Ordinance contained in Chapter 18 including but not limited to changes to height, stairs, steps, ADA-compliant ramps and related elements providing access to the first elevated floor shall not be considered an expansion of a nonconforming use or structure, and shall therefore be permitted without variance relief under N.J.S.A. 55d-70 providing the following:
1.
There is no expansion in the existing footprint of the structure
except for stairs, steps, ADA-compliant ramps and related elements
providing access to the first elevated floor.
2.
Stairs, steps, ADA-compliant ramps and related elements providing
access to the first elevated floor shall not extend any closer than
one foot to the property line.
j.
Any lot in a residential zoning district, except for lots situated
in the "PV," "RD," "F3," "F10" and "F25," not meeting the zoning requirements
for a single-family residential unit may have a construction permit
issued for an affordable housing single-family home provided that
all of the following conditions are met:
1.
The owner of the lot does not own any adjacent land and cannot either
sell the lot to an adjacent owner or purchase adjacent land. The following
documentation shall be submitted with zoning permit application to
determine if the subject lot is an isolated lot which cannot acquire
more land or be sold to an adjacent owner:
(a)
Real estate appraisal of the property by a licensed real estate appraiser determining its fair market value as a single-family affordable housing building lot as defined in Subsection j2 below with the home to be constructed in accordance with the bulk standards contained in Subsection j3 to 17 below; and
(b)
Letter offering to buy adjacent vacant property and/or sell your property to an adjacent owner at said fair market value pursuant to Subsection j1(a) above; and
(c)
Provide evidence by copy of the letter sent with the return
receipt requested sent to all adjacent property owners; and
2.
The lot shall be deed restricted in perpetuity such that the residential unit shall be occupied by and affordable to households as defined by the Affordable Housing Rules as promulgated from time to time by the State of New Jersey, such that as of the adoption of this Subsection 20-5.6j, adopted November 14, 2011, said deed restriction shall require the property be occupied by households earning no more than 30% of the median income for Region 6 as adjusted for family size (Paragraph originally j was adopted November 14, 2011, as Subsection 20-5.6g3 and readopted May 27, 2014 as Subsection 20-5.6j); and
3.
Said lot shall contain a minimum of 4,000 square feet; and
4.
Building coverage shall not exceed 25%; and
5.
Impervious coverage shall not exceed 50%; and
6.
Parking requirements as defined by this chapter are met; and
7.
Minimum side yard setback shall be six feet; and
8.
Minimum rear yard setback shall be 15 feet; and
9.
Minimum lot frontage and width shall be 40 feet; and
10.
Front yard depth and setback shall conform to those of adjoining
property owners; and
11.
Maximum accessory structure coverage shall be 5%; and
12.
Minimum accessory structure rear or side yard setback shall be five
feet; and
13.
Maximum building height shall be 20 feet; and
14.
Minimum building size shall be 800 square feet; and
15.
Maximum gross floor area shall be 1,200 square feet; and
16.
Maximum number of bedrooms shall be no more than two bedrooms; and
17.
Roof slope shall be a minimum of 4:1 slope.
[Ord. #006-2002, § 2]
a.
General Provisions.
1.
Lighting. All parking areas providing five or more parking spaces shall be lighted in accordance with the provisions specified in Subsection 20-5.5 of this chapter.
2.
Surfacing and Curbing. All on-site, off-street parking and loading
areas and access driveways shall be paved and curbed as recommended
by the Township Engineer and approved by the Planning Board as part
of the site plan approval.
3.
Location of Parking Spaces. In general, all required off-street parking
spaces shall be located on the same lot or premises as the use served.
Exceptions are as follows:
(a)
In the case of any nonresidential use, the required parking
space may be provided on a lot located within 1,500 feet of the nearest
boundary of the lot on which the building or use to which the spaces
relate is located, provided that such spaces shall be in the same
ownership as or under lease by the owner of the use to which they
relate; shall be subject to restrictions adequate to ensure that the
required number of spaces will be available throughout the life of
such use; and shall be located only in a district in which an off-site
parking lot is permitted.
(b)
The Planning Board at the time of site plan review may authorize
the collective provision of off-street parking facilities for two
or more buildings or uses and the use of an off-site community parking
lot, a commercial parking lot or a lot owned or leased by the Township
to fulfill the required spaces for a commercial or office use. Such
authorization shall be subject to the following:
(1)
The total number of spaces required for the using buildings
or uses collectively shall not be less than the sum of the requirements
for the various uses computed separately, unless it is demonstrated
to the satisfaction of the Planning Board that adequate space will
be available because of turnover or the under use of such lot because
of varying periods of peak demands or other provisions.
(2)
The Planning Board shall require a written agreement or contract
satisfactory to the Board Solicitor between the owner of the use and
the community parking facility or such other evidence to demonstrate
to the satisfaction of the Board that the required number of parking
spaces will be continuously available throughout the life of the use
it is proposed to serve.
(3)
The provisions of this subsection shall apply only where the
off-site facility is within 1,500 feet of the boundary of the lot
of the generating use.
4.
Screening and Landscaping of Parking Lots.
(a)
Screening of parking lots. Parking lot buffers may be comprised
of earth berms, fences, and landscaping which shall be of a sufficient
quantity and size to screen parked automobiles from view of those
at grade or first floor level in adjacent buildings, to prevent the
shining of automobile headlights into the yards of adjacent property
and to screen parked automobiles from view of those traveling on public
rights-of-way. In general, this buffer shall provide a visual screen
at an elevation no less than six feet above the finished grade of
the parking areas. In addition, shade trees shall be provided in the
buffer at the rate of one per 1,000 square feet of buffer area.
(b)
Interior parking lot landscaping.
(1)
Interior parking lots with 10 to 39 parking spaces shall provide
landscaping equal to or exceeding 4% of the gross square footage of
the paved areas of the site used for drives and parking. Such landscaping
shall be provided in areas of not less than 150 square feet. To provide
for safe visibility, shrubbery shall be of less than three feet and
shade trees shall have foliage no lower than a height of seven feet.
(2)
Interior parking lots containing 40 or more parking spaces shall
provide internal landscaping equal to or exceeding 5% of the gross
square footage of the paved area of the parking lot. No row of parking
spaces shall be permitted to exceed 20 spaces without interruption
by a minimum ten-foot wide landscaped island. Every fourth double
loaded bay of parking shall be separated with a landscaped ten-foot
wide separation island. Each island should be planted with low maintenance
evergreen and deciduous shrubs and shade trees. Plantings shall be
maintained so that shrubbery does not grow to a height of more than
three feet and that the crown of the shade trees does not grow less
then seven feet above grade level.
(c)
Plantings required within the parking areas are exclusive of
other planting requirements such as street trees and perimeter buffers.
(d)
An underground irrigation system shall be provided.
(e)
To prevent conflicts with the opening and closing of automobile
doors, all plantings in parking islands located adjacent to or abutting
parking stalls shall be set back two feet from the curb. To reduce
damage from automobile overhang and snow plowing, all perimeter plantings
and all plantings located in separation islands shall be set back
three feet from the curb.
(f)
All trash enclosures located within or on the perimeter of the
parking lot shall be screened with deciduous and evergreen material.
(g)
All loading areas shall be landscaped and screened sufficiently
to obscure the view of the loading platforms from any public street,
adjacent residential districts or uses and the front yards of adjacent
commercial and industrial uses. Such screening shall be by a fence,
wall, planting, or combination of the three and shall not be less
than four feet in height.
5.
Type of Facility. Parking spaces may be on, above or below the surface
of the ground. When parking spaces are provided within a garage or
other structure, the structure shall adhere to the proper accessory
or principal building setbacks, as applicable. The provision of parking
spaces shall also include adequate driveway and necessary turning
areas for handling the vehicles for which provision is made. Except
for detached and two-family dwelling units, parking areas shall be
designed to permit each motor vehicle to proceed to and from the parking
space provided for it without requiring the moving of any other motor
vehicles. Aisles providing access to parking spaces shall have the
following minimum dimensions. Where angle of parking is different
on both sides of the aisle, the larger aisle width shall prevail.
|
Angle of Parking Space
|
One-Way Aisle
|
Two-Way Aisle
|
|---|---|---|
|
90°
|
22 feet
|
25 feet
|
|
60°
|
18 feet
|
20 feet
|
|
45°
|
15 feet
|
20 feet
|
|
30°
|
12 feet
|
18 feet
|
b.
Specific Requirements. Each individual use shall provide parking
spaces according to the following provisions. Where a permitted use
of land includes different specific activities with different specific
parking requirements, the total number of required parking spaces
shall be obtained by individually computing the parking requirements
for each different activity and adding the resulting numbers together.
1.
Detached and two-family dwelling units shall each provide two spaces
per dwelling unit or as required by Residential Site Improvement Standards
(N.J.A.C. 5:21).
2.
Churches shall provide one space per every four permanent seats.
(One seat shall be considered 22 inches in calculating the capacity
of pews or benches.) In the case of an area for temporary seats, one
space per every 60 square feet of floor area devoted to patron use,
as defined in the Uniform Construction Code.
3.
Golf courses shall provide two spaces for each hole, plus one space
for each employee.
4.
Local retail and service activities, banks and offices shall provide
parking at a ratio of five spaces per 1,000 square feet gross floor
area.
5.
Theaters shall provide one space for every four seats within a shopping
center. One space for every three seats.
6.
Bowling alleys shall provide four spaces per bowling lane.
7.
Service stations shall provide at least six spaces for the first
lift, wheel alignment pit or similar work area; five additional spaces
for a second work area; and an additional three spaces for each additional
work area. Such spaces shall be separated from the driveway and general
apron areas which give access to the gasoline and air pumps and service
areas. No designated parking space shall obstruct access to such facilities.
8.
Automobile, camper and travel trailer sales: 10 spaces for customer
convenience separated from vehicular displays and not used by employees.
9.
Car washes: Three access lanes for each mechanized car wash entrance,
with each lane having a minimum capacity for 12 vehicles; one separate
space for each waxing, upholstery cleaning or similar specialized
service area; and one space for every two employees. All vehicle entrances
shall be from the rear of the building, and all parked and waiting
vehicles shall be accommodated on the lot.
10.
Hotels and motels shall provide 1.25 spaces per room.
11.
Manufacturing plants, industrial plants and wholesale distribution
centers and warehouses shall provide parking at the ratios of one
space for every 1,000 square feet of gross floor area used for inside
storage and warehousing, plus one space for every 700 square feet
of gross floor area used for manufacturing, plus one space for every
200 square feet of gross floor area used for offices. Additionally,
one space shall be provided for every vehicle owned and/or operated
by the use operating from the site.
12.
Auto body shops, welding shops and auto repair garages shall provide
parking at a ratio of one space for every 700 feet of gross floor
area used for the auto body, repair or welding work plus one space
for every 200 square feet of floor area used for office space. Additionally,
one space shall be provided for every vehicle owned or operated by
the use operating from the site.
13.
Marinas, boat yards and yacht basins shall provide parking on the
following basis:
(a)
One space for every four watercraft in storage, dry dock or
similar area; plus one space for every 200 square feet or fraction
thereof of floor area used for offices or retail sales.
(b)
One space shall be provided for every two watercraft in water.
(c)
One space shall be provided for each employee on the largest
shift.
(d)
Sufficient area for the temporary storage of auto-towed trailers.
(e)
In any event, each use shall provide a sufficient number of
spaces in appropriate locations so that no driveway, aisle, fire lane
or street right-of-way is used at any time for parking.
14.
Restaurants shall provide one space for every 50 square feet of net
floor area devoted to patron use, as defined by the Uniform Construction
Code.
15.
Dental and medical offices shall provide seven spaces for every 1,000
square feet of gross floor area.
16.
Gasoline stations, without service bays, shall provide one space
for every employee on the largest shift, but in no case less than
three spaces.
17.
Taverns shall provide one space for every 25 square feet of net floor
area devoted to patron use, as defined by the Uniform Construction
Code.
18.
Quick-food establishment, deli and pizzeria shall provide one space
per 30 square feet of net floor area devoted to patron use.
19.
Schools. Elementary, nursery, junior high, preschool shall provide
two per classroom plus one space for each staff employee (not including
teachers) plus 20% of the maximum student population for visitors.
High school and prep school shall provide two per classroom plus one
space for each staff employee (not including teachers) plus 25% of
the maximum student population for visitors plus one space for every
eight students in grades 9 through 12.
20.
Studio, instructional (art, music, dance), health spa, fitness center
shall provide one space for each 100 square feet used for instructional
or patron use.
21.
Other building or use not specified: adequate parking as recommended
by the Township Engineer and approved by the Planning Board as part
of the site plan approval.
c.
Handicapped Parking.
1.
Every parking lot containing two or more spaces shall provide handicapped
parking spaces calculated according to the following schedule or in
conformance with the N.J. Barrier Free Access Code, whichever is greater.
Decimals resulting from the following calculations shall always be
rounded up to the next highest whole number. Handicapped spaces shall
be in addition to any other parking requirements required under this
section.
|
Minimum Required
| |
|---|---|
|
Total Parking Spaces
|
Handicapped Spaces
|
|
2 to 19 spaces
|
1 space
|
|
20 to 49 spaces
|
2 spaces
|
|
50 or more spaces
|
3 spaces plus an additional 2% of the total parking spaces provided
|
2.
Handicapped spaces shall be located in close proximity to principal
uses and shall be provided barrier free access to the same. Where
multiple principal uses are to be served by a common parking lot,
handicapped spaces shall be proportionately distributed throughout
the parking lot.
3.
Handicapped spaces shall be marked by both a "handicapped parking"
sign and penalty sign, and by pavement markings as prescribed by the
State of New Jersey.
4.
Handicapped parking spaces, as provided for above shall be:
(a)
Not less than 12 feet in width if the spaces are perpendicular
to an uncurbed sidewalk on the same grade as the parking space; or
(b)
Not less than 13 feet in width if the spaces are perpendicular
to a curbed sidewalk or to a sidewalk not on the same grade as the
parking space. The thirteen-foot width of the parking space should
be clearly divided into an eight-foot parking space with an adjacent
five-foot access aisle leading to a ramp up to the sidewalk. Two adjacent
handicapped parking spaces may use the same five-foot access aisle.
d.
Requirements for new installation of electric vehicle supply/service
equipment (EVSE) and make-ready parking spaces. 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.
[Added 11-28-2022 by Ord.
No. 026-2022]
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 two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(b)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(c)
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.
(d)
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.
(e)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(f)
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.
(g)
Notwithstanding the provisions of this section, a retailer that
provides 50 or fewer off-street parking spaces or the developer or
owner of a single-family home or multiunit facility with five or less
units shall not be required to provide or install any electric vehicle
supply equipment or make-ready parking spaces.
3.
Minimum parking requirements.
(a)
All parking spaces with EVSE and make-ready equipment shall
be included in the calculation of minimum required parking spaces,
pursuant to this section.
(b)
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.
(c)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
(d)
Additional installation of EVSE and make-ready parking spaces above what is required in this Subsection d may be encouraged but shall not be required in development projects.
(e)
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.
(f)
Installation.
(1)
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.
(2)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
and 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(3)
To the extent practicable, 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.
(4)
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.
(g)
EVSE Parking.
(1)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE. Property owner shall determine time limits and any such limits
shall be posted.
(2)
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.
(h)
Safety.
(1)
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
d5 below.
(2)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided.
(3)
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 set back 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.
(4)
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.
(5)
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.
(6)
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.
(7)
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,
Township of Upper 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.
(i)
Signs.
(1)
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.
(2)
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.
(3)
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 b above.
(4)
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:
(i)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(ii)
Usage fees and parking fees, if applicable; and
(iii)
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(j)
Usage Fees.
(1)
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.
[Ord. #7006-2002, § 2; Ord. #004-2007, § 2;
Ord. #009-2007, § 2; Ord. #004-2015 § 3]
An application for subdivision or site plan shall provide documentation
that the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a construction permit may be issued with the condition
that no Certificate of Occupancy will be issued until such time as
this documentation is submitted with respect to the particular occupant.
It shall be the burden of the applicant to prove beyond a reasonable
doubt that the proposed use meets the standards required by this chapter.
a.
Landscape Buffers. Landscape buffers are plantings, berms or grading and fences or walls provided within the buffer area as designated in § 20-4, or as necessary, to visually soften or screen and enhance views and minimize or separate any adverse impacts or nuisances on a site from adjacent properties or roads. The designer and the Planning Board or Zoning Board of Adjustment should consider the dimension of a landscape buffer area, existing vegetation, structures and topography along with the intensity and type of land use involved relative to these standards to determine the appropriate landscape buffer. The Planning Board or Zoning Board of Adjustment may require a more or less significant landscape buffer if appropriate. The following standards are provided for particular types of buffer areas:
1.
Nuisance Landscape Buffer. This type of landscape buffer is appropriate
for buffer areas provided between nonresidential or residential uses
and adjacent nonresidential or different residential uses or zones
where a continuous visual screen is appropriate. The following standards
shall apply:
(a)
All existing trees and understory vegetation should be preserved,
and the plans must specify appropriate grading and tree protection
details to assure the preservation of the vegetation. The plans must
clearly indicate all vegetation to be preserved and removed. If the
Planning Board or Zoning Board of Adjustment deems it appropriate,
supplemental planting should be provided to provide a complete visual
screen. Quantities and types of supplemental plantings must respond
to the deficiencies of existing vegetation and complement the existing
vegetation and the overall design and must be indicated on the landscape
plan.
(b)
Areas void of significant vegetation shall receive landscape
architectural treatment including planting, berming, fences or walls
as appropriate. Berms, fences or walls shall be provided at a height
of four feet to eight feet, or as necessary to provide a visual screen,
with the approval of the Planning Board or Zoning Board of Adjustment.
The general design, form and materials of fences, walls and berms
should relate to the overall design and the materials utilized for
other structures on the site and be aesthetically pleasing from all
sides. Planting should be provided in conjunction with berming, fencing
or walls or may be provided solely to provide a complete visual screen
and visually interesting and pleasing area. The following quantities
and minimum size guidelines are provided. If berms, fencing or walls
are provided, a decreased quantity of planting may be provided at
the discretion of the Planning Board or Zoning Board of Adjustment.
For every 100 linear feet of buffer area, measured at the longest
line, the following must be provided:
|
Type
|
Quantity
| |
|---|---|---|
|
Evergreen Trees
|
14
|
Double Alternating Row
|
|
Shade Trees
|
4
| |
|
Ornamental Trees
|
3
| |
|
Shrubs
|
28
|
2.
Filtered Buffer. This type of landscape buffer is appropriate in
buffer areas or green space which is provided to soften the impact
of a land use yet still allow views beyond the buffer area. In particular,
this type of buffer shall be provided around the perimeter of all
parking areas, internal site access roads or lanes and the perimeter
of a site which abuts a lane, street, road, highway or an adjacent
site and a complete visual screen is not appropriate. A buffer shall
be provided to screen unsafe distractions such as glare from cars
and light standards; to provide a visually pleasing environment; and
to provide spatial definition to avoid confusion. The following standards
shall apply:
(a)
All existing trees and understory vegetation should be preserved,
and the plans must specify appropriate grading and tree protection
details to assure the preservation of the vegetation. The plans must
clearly indicate all vegetation to be preserved and removed. If the
Planning Board or Zoning Board of Adjustment deems it appropriate,
supplemental planting should be provided to provide a filtered visual
screen. Quantities and types of supplemental plantings must respond
to the deficiencies of existing vegetation and complement the existing
vegetation and the overall design and must be indicated on the landscape
plan.
(b)
Areas void of significant vegetation shall receive landscape
architectural treatment, including plantings, berming, fences or walls
as appropriate. Berms, fences or walls should be provided at a height
of two feet to four feet as necessary to provide an appropriate buffer.
The general design, form and materials of fences, walls and berms
should relate to the overall design and the materials utilized for
other structures on the site and are esthetically pleasing from all
sides. Planting should be provided in conjunction with berming, fencing
or walls or may be provided solely to provide an appropriate screen
and a visually interesting and pleasing area emphasizing appropriate
views. Parked vehicles shall be buffered as viewed from all areas
outside of the parking area. The following quantities and minimum
size guidelines are provided. If berms, fencing or walls are provided,
a decreased quantity of planting may be provided at the discretion
of the Planning Board or Zoning Board of Adjustment. For every 100
linear feet of buffer area, measured at the longest line, the following
must be provided:
|
Type
|
Quantity
|
|---|---|
|
Evergreen Trees
|
13
|
|
Shade Trees
|
4
|
|
Ornamental Trees
|
6
|
|
Shrubs
|
55
|
3.
Windbreak/Heavy Screening. This type of buffer is appropriate in buffer areas where the additional need of a windbreak to stop wind born debris from leaving a site is necessary or around objectionable facilities or utility structures where a dense complete visual screen is appropriate. This would include buffer areas around outdoor storage facilities, loading areas or solid waste disposal facilities (dumpsters) or when an undersized buffer area is provided and the standards specified in Subsection 20-5.8a1, Nuisance landscape buffer, are not sufficient at the discretion of the Planning Board or Zoning Board of Adjustment. The following standards shall apply:
(a)
Provide a fence, wall or planting which will create a dense
complete visual screen. The height of the fence, wall or planting
should be designed relative to the facility being screened and shall
be subject to the approval of the Planning Board or Zoning Board of
Adjustment. The general design, form and materials of fences or walls
should relate to the overall design and the materials utilized for
other structures on the site or the neighborhood and are esthetically
pleasing from all sides. Planting should be included in conjunction
with any fence or wall.
(b)
If planting alone is provided, then a double staggered row of
dense evergreen plants shall be specified. The spacing between individual
plants shall be as necessary to provide a continuous hedge with plants
touching at the time of installation. The installed and mature height
of the plants must respond to the height of the area or facility being
screened and the views from adjacent areas and shall be subject to
the approval of the Planning Board or Zoning Board of Adjustment.
(c)
The plan submission should include an illustrative section drawing
demonstrating the effectiveness of the buffer.
4.
Reverse Frontage Buffer. This type of buffer shall be required where
the rear yards of residential units and/or lots face or front on a
roadway and when any yard of a residential unit or lot faces or fronts
on an expressway or arterial roadway. The following landscape architectural
treatment shall be provided to screen and separate private residential
spaces from the roadway.
(a)
All existing trees and valuable understory vegetation should
be preserved, and the plans must specify appropriate grading and tree
protection details to assure the preservation of the vegetation. The
plans must clearly indicate all vegetation to be preserved and removed.
If the Planning Board or Zoning Board of Adjustment deems it appropriate,
supplemental planting, berms or walls should be specified to provide
a complete visual screen. The need for and the height and design of
supplemental berms or walls must respond to the deficiencies of existing
vegetation and the proximity of the residential unit to the road.
If the Planning Board or Zoning Board of Adjustment deems it appropriate
berms or walls may be required. Quantities and types of supplemental
plantings must respond to the deficiencies of existing vegetation
and complement the existing vegetation and the overall design and
must be indicated on the landscape plan.
(b)
Areas void of significant vegetation shall receive landscape
architectural treatment, including plantings, berming, fencing or
walls as appropriate. Berms, fences or walls shall be provided at
a height of three feet to eight feet averaging five feet or as necessary
to provide a visual screen at the discretion of the Planning Board
or Zoning Board of Adjustment. The general design, form and materials
of fences, walls and berms should relate to the overall design and
the materials utilized for other structures on the site and be aesthetically
pleasing from all sides. The sidewalk layout shall be integrated with
the buffer and the overall design and adjacent development when appropriate.
Planting should be provided in conjunction with berming, fencing or
walls or may be provided solely to provide a complete visual screen
and visually interesting and pleasing area. The following quantities
and minimum size guidelines are provided. If berms, fencing or walls
are provided, a decreased quantity of planting may be provided at
the discretion of the Planning Board or Zoning Board of Adjustment.
For every 100 linear feet of buffer area, measured at the longest
line, the following must be provided:
|
Type
|
Quantity
| |
|---|---|---|
|
Evergreen Trees
|
10
|
Double Alternating Row
|
|
Shade Trees
|
6
| |
|
Ornamental Trees
|
5
| |
|
Shrubs
|
40
|
5.
Residential Buffer. This type of buffer is appropriate buffer between
two adjacent residential uses which is provided to soften the impact
of the land use on the community. Properties may provide additional
buffer but is not required to provide such buffer as long as they
provide the minimum vegetation in Subsection (b) below.
(a)
All existing trees should be preserved and the plans must specify
appropriate grading and tree protection details to assure the preservation
of the vegetation.
(b)
Areas void of significant vegetation shall receive landscape
plantings as follows for every 100 linear feet of buffer area:
|
Type
|
Quantity
|
|---|---|
|
Evergreen or Shade Tree
|
2
|
|
Ornamental Tree
|
2
|
|
Shrubs
|
5
|
6.
General Landscape Standards. All areas not occupied by structures,
impervious cover and natural vegetation shall be maintained and planted
as follows:
(a)
Area shall be kept clean of all debris, rubbish, weeds and tall
grass (over 12 inches in height).
(b)
Area shall be planted with grass or ground cover to prevent
erosion of soil in accordance with the Cape-Atlantic Soil Conservation
District Standards.
(c)
An underground irrigation system shall be provided for nonresidential
properties.
(d)
Landscape areas shall be permanently maintained, and plant material
which does not live shall be replaced within one year or one growing
season.
(e)
Landscape buffer plan material shall be so placed that at the
maturity, the plant will be no closer than three feet from any street.
(f)
The buffer area shall not be broken unless specifically approved
by the Planning Board or Zoning Board of Adjustment.
(g)
Plant material within the buffer shall be the following: a minimum
height of six feet to eight feet for evergreen trees, two feet to
2.5 feet for shrubs and a minimum caliper of one inch to 1.5 inches
for ornamental trees and a minimum caliper of two inches and 2.5 inches
for shade trees.
(h)
The plant material shall be of a species common to the area, be of nursery stock, shall be free of insect and disease, and shall be otherwise conform to the landscaping provisions of Subsection 20-5.14c which are applicable within the Pinelands Area.
(i)
No roads, parking or buildings or structures shall be located
within prescribed landscape buffer with the exception of access driveways
serving the development, sidewalks and bike/jogging paths.
(k)
At a minimum 10% of the lot area shall be landscaped. The landscaping
shall be located in protected areas along walkways, in center islands,
adjacent to the building and in all irregular spaces not used for
parking. The landscape areas shall include a combination of ground
cover, shrubbery, ornamental plantings and shall include one canopy
tree per 1,225 square feet of required landscape area. Said area shall
be in addition to the required landscape buffer requirements.
[Ord. #004-2015 § 3]
b.
Electricity. Electric or electronic equipment shall be shielded so
there is no interference with any radio or television reception at
the lot line or beyond the operator's dwelling unit, in the case of
multi-family dwellings, as the result of the operation of such equipment.
Electronic equipment shall be in accordance with FCC standards.
c.
Glare. No use shall produce a strong, dazzling light or a reflection
of a strong, dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered and directed so that glare, direct
light or reflection will not become a nuisance to adjoining properties,
adjoining dwelling units, adjoining districts, or streets.
d.
Heat. No use shall produce heat perceptible beyond its lot lines.
Further, no use shall be permitted which would cause the temperature
to rise or fall in any part of ponds, streams or other water courses.
e.
Noise. Noise levels for commercial and industrial enterprises shall
be designed and operated in accordance with the regulations established
by the New Jersey State Department of Environmental Protection as
they are adopted and amended.
f.
Odor. Odors shall not be discernible at the lot line or beyond to
such an extent that they become a nuisance.
g.
Storage and Waste Disposal. No materials or wastes shall be deposited
upon a lot in such form or manner that they may be transferred off
the lot by natural causes or forces; nor shall any substance be deposited
which can contaminate an underground aquifer or otherwise render such
underground aquifer undesirable as a source of water supply or recreation
or which will destroy aquatic life. All materials or wastes which
might cause fumes or dust or which constitute a fire hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored indoors and enclosed in appropriate containers adequate
to eliminate such hazards.
h.
Vapor. No use shall produce smoke, ash, dust, fumes, vapors, gases
or other forms of air pollution which could cause damage to the health
of any person, animal or vegetation or which could cause excessive
soiling.
i.
Vibration. There shall be no vibration which is discernible to the
human sense of feeling beyond the immediate site on which such use
is located.
j.
Vegetation and Landscaping.
1.
All clearing and soil disturbance activities shall be limited to
that which is necessary to accommodate an activity, use or structure
which is permitted by this chapter.
2.
Where practical, all clearing and soil disturbance activities associated
with an activity, use or structure, other than agriculture, forestry
and resource extraction, shall:
3.
All applications for major subdivision or site plan shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection j4 below.
4.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection j3 above or required pursuant to Chapter 19, Subsection 19-6.5c, shall incorporate the following elements:
(a)
The limits of clearing shall be identified;
(b)
Existing vegetation, including New Jersey's Record Trees as
published by the New Jersey Department of Environmental Protection
in 1991 and periodically updated, shall be incorporated into the landscape
design where practical;
(c)
Permanent lawn or turf areas shall be limited to those specifically
intended for active human use such as play fields, golf courses and
lawns associated with a residence or other principal nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
(d)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used
for revegetation or landscaping purposes within Pinelands Management
Areas. Other shrubs and trees may be used in the following circumstances:
(1)
When the parcel to be developed or its environs contain a predominance
of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
(2)
For limited ornamental purposes around buildings and other structures;
or
(3)
When limited use of other shrubs or tree species is required
for proper screening or buffering.
5.
All forestry activities shall comply with Subsection 20-5.14e except that areas outside of the Pinelands Management Area are not required to receive a Certificate of Filing from the Pinelands Commission.
6.
Development Prohibited in the Vicinity of Threatened or Endangered
Plants. No development shall be carried out by any person unless it
is designed to avoid irreversible adverse impacts on the survival
of any local populations of threatened or endangered plants as designated
by the Pinelands Commission in N.J.A.C. 7:50-6.27 and by the Department
of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
7.
Required projects shall demonstrate compliance with this section by conducting an environmental assessment in accordance with Subsection 19-7.16. In any application to the Zoning Board of Adjustment for variance relief not involving a site plan or subdivision the Zoning Board of Adjustment may require an environmental assessment pursuant to Subsection 19-7.16.
8.
If the project site contains threatened or endangered plants then
a habitat evaluation shall be performed in accordance with N.J.A.C.
7:7E-3C.2 and shall include plan for habitat preservation and protection.
k.
Fish and Wildlife.
1.
No development shall be carried out unless it is designed to avoid
irreversible adverse impacts on habitats that are critical to the
survival of any local populations of those threatened or endangered
animals designated by the Department of Environmental Protection pursuant
to N.J.S.A. 23:2A-1 et seq.
2.
Protection of Wildlife Habitat. All development shall be carried
out in a manner which avoids disturbance to distinct fish and wildlife
habitats that are essential to the continued nesting, resting, breeding
and feeding of significant populations of fish and wildlife in the
Township of Upper.
3.
Required projects shall demonstrate compliance with this section by conducting an environmental assessment in accordance with Subsection 19-7.16. In any application to the Zoning Board of Adjustment for variance relief not involving a site plan or subdivision the Zoning Board of Adjustment may require an environmental assessment pursuant to Subsection 19-7.16.
4.
If the project site contains threatened or endangered animals and/or
habitat for threatened or endangered animals then a habitat evaluation
shall be performed in accordance with N.J.A.C. 7:7E-3C.3 and shall
include plan for habitat preservation and protection.
[Ord. #006-2002, § 2; Ord. #004-2015 § 3; Ord. No. 011-2018; 5-26-2020 by Ord. No. 005-2020]
a.
Structures. No more than one principal structure shall be permitted
on one lot, except as allowed in the MCTD, TC, TCC, WTC, CM2, CM4
and CMP or otherwise specified for in a particular zoning district.
b.
Use. No more than one principal use shall be located on one lot,
except for forestry, agriculture, horticulture, fish and wildlife
management, recreational development or agricultural lands and as
allowed in the MTCD, TC, TCC, WTC, CM2, CM4 and CMP zones or otherwise
specified for in a particular zoning district.
[Ord. #006-2002, § 3; Ord. #009-2007, § 2; Ord. No. 011-2018]
a.
Purpose and General Provisions. The purpose of this subsection is
to encourage the effective use of signs as a means of communication,
to maintain and enhance the aesthetic environment and the Township's
ability to attract economic development and growth, to improve vehicular
and pedestrian safety, and to enable the fair and consistent enforcement
of the regulations of this subsection.
This subsection is not designed to limit or prohibit speech,
but to regulate the conduct of the message. The Township of Upper's
sign regulations are content neutral.
No sign shall be erected, altered or replaced which is not in
accordance with the standards established in this chapter. The erection
of any sign shall require a construction permit, except as noted herein.
No sign of any type shall be permitted to obstruct driving vision,
traffic signals, traffic direction and identification signs, other
places of business, other signs or windows of the buildings on which
they are located. No sign shall be attached to trees, fence posts,
stumps, utility poles or other signs, but shall be freestanding or
attached to buildings in an approved manner.
No billboards or off-site commercial advertising sign shall
be erected or replaced, except in the Pinelands Area as provided in
Subsection 13 below. Within the Pinelands area, no existing billboard
or off-site commercial advertising sign not in conformance with Subsection
13 below shall continue beyond January 14, 1991.
1.
Animated, Flashing and Illusionary Signs. Signs using mechanical
or electrical devices to revolve, flash or display movement or the
illusion of movement are prohibited. Electronic message signs shall
not continuously stream or flash messages and/or pictures. Messages
shall be static and shall not change for at least one minute.
2.
Freestanding signs, where permitted, shall be supported by one or
more columns or uprights which are firmly embedded in the ground,
except within the MTCD, WTC, TC and TCC zone districts, pole signs
shall not be permitted. Exposed guy wires, chains or other connections
shall not be made in permanent support of the freestanding signs.
[Ord. No. 011-2018; amended 5-26-2020 by Ord. No. 005-2020]
3.
Height. No freestanding or attached sign shall be higher at any point than the roofline of the building except that no sign shall exceed any lesser height if particularly specified in § 20-4 or in this Subsection 20-5.10. In addition, no attached sign shall project into or hang over a street right-of-way, and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles, such as, but not limited to, driveways and parking areas. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least eight feet above the walkway.
4.
Illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location. Illuminated signs shall comply with the appropriate State Uniform Construction Codes. (See Subsection 20-5.5 for additional standards.)
5.
Information and Direction Sign. Street number designations, postal
boxes, on-site directional and parking signs, warning signs and signs
posting property as "private property," "no hunting" or similar signs
are permitted in all zones but are not to be considered in calculating
sign area. No such sign shall exceed two square feet in area.
6.
Maintenance. Signs must be constructed of durable materials, maintained
in good condition and not allowed to become dilapidated. Within the
Pinelands Area, signs shall be of a character and composition to be
harmonious with the scenic value of the Pinelands to the maximum extent
practicable.
7.
Portable signs shall conform to the following:
(a)
Each conforming commercial lot shall be permitted to have one
portable sign.
(b)
Sign shall be of professional grade materials and quality.
(c)
Shall not be illuminated or electronic.
(d)
Sign shall not be located in the sight triangle.
(e)
Sign shall be removed from display after business hours. Portable
sign may be one of the following types:
(f)
Shopping Center shall be permitted one portable sign per business.
Sign shall be permitted in front of business on sidewalk, but not
placed to block pedestrian access. Sign shall not be permitted along
the roadway of a Shopping Center.
8.
Real Estate Signs. Two signs temporarily advertising the sale, rental
or lease of the premises or portion thereof shall be permitted. Total
area of all signs not to exceed 32 square feet. (Two sides may be
used.) Signs shall be removed at the expense of the advertiser within
15 days after the termination or completion of the matter or business
being advertised. "Sold" signs shall be permitted between the signing
of the contract of sale and 15 days after the legal closing. All such
signs do not require a construction permit.
9.
Sign area shall be measured around the outside edges of a framed
or enclosed sign or by the area utilized by isolated words and/or
symbols, including the background, whether open or enclosed; but the
area shall not include any supporting framework and bracing incidental
to the display itself.
10.
Signs and sign structures of all types shall be located to allow
a clear, unobstructed line of sight for 300 feet from the stop line
of any intersection of streets and/or driveways.
11.
Signs with two exposures shall be measured for area by using the
surface area of one side of the sign only. Both sides may be used.
12.
Wall fascia or attached signs shall be firmly attached to the exterior
wall of a building and shall not project more than eight inches from
the building.
13.
Billboards and Off-site Commercial Advertising Signs. No billboard
or outdoor off-site commercial advertising signs, other than signs
advertising agricultural commercial establishments, shall be permitted.
Billboard or outdoor off-site commercial advertising signs advertising
agricultural commercial establishments, shall be permitted provided
that:
14.
Banners shall be permitted on walls, fences or supported by posts.
Banners located on posts must meet the setback requirements for freestanding
sign. Banners shall not exceed the total sign area permitted on the
premises for a permanent wall signs. Such banners shall be permitted
in addition to any permanent signage allowed. Banners are permitted
for two, thirty-day periods within a calendar year. The Zoning Officer
shall be notified in writing before a banner is displayed.
15.
Temporary signs for advertising contractor services shall be permitted
in accordance with the following:
[Added 10-28-2019 by Ord.
No. 016-2019]
(a)
Sign may be placed for a period of 30 days after a certificate
of occupancy or approval has been issued (permanent or temporary)
or 30 days for work that does not require a construction permit at
a residence where the work is being performed.
(b)
No more than five signs may be placed throughout the Township
at any given time for a single contractor.
(c)
The sign shall be nonilluminated, not larger than four square
feet in area.
(d)
Only one contractor sign may be placed at any given residence
unless the work being performed is in conjunction with a construction
permit and all signs must be placed on a common sign board no larger
than 32 square feet in size.
(e)
The Zoning Officer shall be notified in writing before the sign
is placed at the residence.
16.
Flags. Decorative or informational flags such as "open" or "welcome,"
with a limit of one flag per business. Flags and flagpoles shall not
be in the right-of-way.
[Added 10-28-2019 by Ord.
No. 016-2019]
b.
Permitted Signs. The following signs are permitted for uses as specified in § 20-4 of this chapter for the various zoning districts:
1.
All Residential Districts.
(a)
Churches and schools: One freestanding sign not exceeding 20
square feet in area and 10 feet in height and set back at least 25
feet from all street rights-of-way and lot lines plus one attached
sign not exceeding 25 square feet in area.
(b)
Golf courses and public utilities: One freestanding sign not
exceeding 12 square feet in area and 10 feet in height and set back
at least 25 feet from all street rights-of-way and lot lines.
(c)
Residential agriculture: Agricultural commercial establishments are permitted one sign permanently attached to the structure and not more than four temporary signs. The attached permanent sign shall not exceed 25 square feet in area and shall not exceed the height of the establishment. Each temporary sign shall not exceed an area of four square feet, a height of five feet, and shall be set back from all street and lot lines at least 10 feet. Temporary signs shall be permitted during the months of May through October. See Subsection 20-5.10a13 concerning off-site sign provisions for agricultural commercial establishments in the Pinelands Area of the Township.
(d)
Campgrounds: One freestanding sign which shall not exceed an
area of 32 square feet and a height of 10 feet. The sign shall be
set back 15 feet from all street lines and 25 feet from all side lot
lines. The sign may be illuminated.
(e)
Home occupations: One unlighted or interior white lighted name
plate sign identifying the home occupation, not exceeding six square
feet in area, and either attached or freestanding. (If freestanding,
the sign shall not exceed five feet in height and shall be set back
at least 10 feet from all street rights-of-way and lot lines.
(f)
Residential signs: One freestanding residential sign shall be
permitted per premises.
2.
Resort Commercial "RC" and Tuckahoe Village "TV" District.
(a)
Attached signs: One unlighted or lighted sign for each occupant
of the building.
The total area of the sign shall not exceed 10% of the area
of the face of the wall upon which such sign is attached or 16 square
feet, whichever is smaller. Where the building(s) is (are) designed
for rear or side entrances, one unlighted sign may be attached flat
against the building at the rear and side entrances, each sign not
to exceed an area equivalent to half of the sign on the front of the
building.
(b)
Freestanding signs: One unlighted or lighted freestanding sign
for each principal building or group of attached principal buildings.
(1)
Height: 35 feet or the height of the principal building, whichever
is shorter.
(2)
Setback: 10 feet from the street line or lot line. Where existing
development or roadway alignment prevent adequate visibility of signs
meeting the setback requirements of this section, signs may be constructed
up to the street line provided that any such sign is located at least
eight feet above grade and supported by no more than two, six-inch
diameter supporting members and further provided that no portion of
any sign extends beyond the street line.
(3)
Area:
Lot frontage: <150 feet Not to exceed 32 square feet.
Lot frontage: >= 150 feet Not to exceed 50 square feet.
3.
Commercial "MTCD," "TC," "TCC," "WTC," "CM2," "CM4," and "CMP" District
(lot size under three acres).
[Ord. No. 011-2018; amended 5-26-2020 by Ord. No. 005-2020]
(a)
Attached signs: one unlighted or lighted sign for each occupant
of the building. The total area of the sign shall not exceed 10% of
the areas of the face of the wall upon which such sign is attached
or 30 square feet, whichever is smaller. Where building(s) is (are)
designed for rear or side entrances, one unlighted sign may be attached
flat against the building at the rear and side entrances, each sign
not to exceed an area equivalent to half that of the sign on the front
of the building.
(b)
Freestanding signs: One unlighted or lighted freestanding sign
for each principal building or group of attached principal buildings
(except auto service stations) except all freestanding signs in the
MTCD, WTC, TC or TCC zones shall be monument signs.
(1)
Height: 35 feet or the height of the principal building, whichever
is shorter except within the MTCD, WTC, TC or TCC zone where the height
shall not exceed eight feet.
(2)
Setback: At least 20 feet from all street lines and 50 feet
from all side property lines. Where existing development or roadway
alignment prevent adequate visibility of signs meeting the setback
requirements of this chapter, signs may be constructed up to the street
line, provided that adequate sight distance is provided and further
provided that no portion of any sign extends beyond the street line.
(3)
Area:
Lot frontage: <150 feet not to exceed 32 square feet.
Lot frontage: >= 150 feet not to exceed 75 square feet.
4.
Commercial "MTCD," "TC," "TCC," "WTC," "CM2," "CM4," and "CMP" District
(lot size of three acres).
[Ord. No. 011-2018; amended 5-26-2020 by Ord. No. 005-2020]
(a)
Attached signs: One unlighted or lighted sign for each occupant
of the building. The total sign area of the sign shall not exceed
10% of the areas of the face of the store wall upon which such sign
is attached or 75 square feet, whichever is smaller. Where building(s)
is (are) designed for rear or side entrances, one unlighted sign may
be attached flat against the building at the rear and side entrances,
each sign not to exceed an area equivalent to half that of the sign
on the front of the building.
(b)
Freestanding signs: One unlighted or lighted freestanding sign
for each principal building or shopping center except all freestanding
signs in the MTCD, WTC, TC or TCC zones shall be monument signs.
(1)
Height: 35 feet or the height of the principal building, whichever
is shorter except within the MTCD, WTC, TC or TCC zone where the height
shall not exceed eight feet.
(2)
Setback: At least 30 feet from any street or lot line. Where
existing development or roadway alignment prevent adequate visibility
of signs meeting the setback requirements of this chapter, signs may
be constructed up to the street line, provided that adequate sight
distance is provided and further provided that no portion of any sign
extends beyond the street line.
(3)
Area:
Lot frontage: <250 feet not to exceed 75 square feet.
Lot frontage: >= 250 feet not to exceed 100 square feet.
[Ord. No. 011-2018]
c.
Permits.
1.
Permit Required. No sign shall hereafter be erected, re-erected,
constructed, altered or maintained except as provided in this Subsection
and after a permit for the same has been issued by the Construction
Official.
2.
Application Procedure. Plans and detailed information shall be submitted
with each application for a sign permit, setting forth the dimensions
of the sign, the materials incorporated into its construction, the
methods and materials used to support the sign, the type of illumination,
if any, and the exact location on the building or premises. A sketch
of the proposed sign, drawn to a scale of not less than 1/2 inch to
one foot, shall be provided.
3.
Compliance with Codes and Ordinances. Structural features of signs
shall be as may be specified in the Construction Code, but this chapter
takes precedence with respect to area, location, illumination and
other characteristics.
4.
Consent Required. The application for a permit shall be accompanied
by the written consent of the owner or lessor of the property.
5.
Fees. Before a permit for the erection of any sign requiring a permit
is issued by the Construction Official, a fee shall be paid according
to the prevailing fee schedule applicable to construction permits.
6.
Exempt Signs. No permit shall be required for the following signs:
(a)
Any permitted sign in a residential area.
(b)
Temporary signs pertaining to the sale or lease of a lot or
building or the construction of a building on the property on which
such sign is placed.
(c)
Federal, State, County and Municipal signs and historical markers.
(d)
Signs identifying a church, public building, playground or other
such permitted use, situated on the property to which such sign relates.
(e)
On-site directional signs containing no advertising matter and
not exceeding eight square feet in size shall not be deemed freestanding
signs for the purpose of this Subsection.
(f)
Temporary signs and banners advertising civic, social, and political
events shall be permitted to be located off-premises provided that
same are used to advertise a temporary event. Such signs may be erected
30 days in advance of the scheduled event and shall be removed within
48 hours after the special event or activity has taken place.
(g)
Political and social advertising signs. Temporary, political
and advertising signs and temporary signs advertising civic, social
or political gatherings or activities are permitted in any zone, provided
that such sign not exceed 32 square feet and further provided that
signs not be so located as to constitute a traffic hazard or to interfere
with visibility along public rights-of-way. Temporary signs except
political signs shall not be in use more than 60 days in any calendar
year. Temporary political signs shall not be in use more than 60 days
in any official election. The candidate(s) named on any political
advertising sign shall insure that all political advertising signs
are removed within 10 days after the election. Failure to remove said
signs within 10 days after an election shall constitute a violation
of this chapter and the penalty for violation shall be $50 per sign.
The Zoning Officer is hereby empowered to enforce this section of
the chapter and assess fines as prescribed above.
(h)
Shelters, benches. No permit shall be required for signs appearing
on bona fide and approved public service or school bus shelters and
public benches, provided the actual message area shall not exceed
32 square feet.
(i)
Signs required by Federal, State, County and Municipal law including
signs advertising the price of gasoline.
(j)
Residential freestanding signs shall be permitted provided that
the size of the sign does not exceed four square feet in area nor
three feet in height and shall be set back a minimum of 15 feet from
a street right-of-way line or any property line.
d.
Maintenance.
1.
The enforcing authority shall require the proper maintenance of all
signs and shall inspect every sign for which a permit has been issued
within 30 days after it is erected. All signs, together with any structural
supports, shall be kept in repair and in a proper state of preservation
to insure the safety of persons and property. The display surfaces
of all signs shall be kept neatly painted or posted at all times.
The enforcing authority may order removal of any sign that is not
maintained in accordance with the provisions of this chapter. No fee
shall be charged for a permit to repair an existing sign.
2.
Termination of Business. At the termination of any commercial or
industrial enterprise, all sign faces and advertising material appearing
on signs pertaining thereto shall be removed from public view within
30 days. The responsibility for the removal of the signs shall be
that of the property owners as it appears on the most recent tax list
of the Township.
e.
Nonconforming Signs.
1.
General. Nothing herein contained shall be deemed to require the
removal or discontinuance of a legally existing sign display that
is not altered, rebuilt, enlarged, extended or relocated, but all
such signs shall be subject to inspection and maintenance. The terms
"alter," "rebuild," "enlarge," "extend" and "relocate" shall not be
deemed to include the making of ordinary repairs and maintenance or
the repair of damage caused by accident or act of God. Failure to
keep painted or in good repair for a period of one year, however,
shall constitute presumptive abandonment, and the sign or appurtenance
may not thereafter be replaced or reused absent compliance with this
chapter.
2.
Replacement or Relocation of Nonconforming Signs in Residential Zones.
Any replacement, alteration or relocation of a sign relating to a
nonconforming use in a residential zone shall conform to the restrictions
governing such sign as though it were in a commercial zone, except
that the permitted sign area shall be 1/2 that which would be permitted
if the use were located in such zone.
[Ord. #006-2002, § 2]
a.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building which is either existing or currently under construction. Pools shall be located in the rear or side yard areas only and shall meet the setback distance for accessory buildings as specified in § 20-4 for each particular zoning district, except that in no case may a swimming pool be located closer than 10 feet from any lot line. Additionally, swimming pools may be located no closer than five feet from any other structure.
b.
A swimming pool shall occupy no more than 75% of the yard area in
which it is located.
c.
A private residential swimming pool area must be surrounded by a
fence at least four feet, but no more than six feet, in height. Compliance
must be shown with the State of New Jersey Uniform Construction Code,
N.J.A.C. 5:23.
[Ord. #006-2002, § 2]
a.
No open space provided around any principal building for the purposes
of complying with the front, side, rear or other yard provisions of
this chapter shall be considered as providing the yard provisions
for any other principal building.
b.
Any structure located on a corner lot shall be set back from both
streets at least the required front yard distance.
[Ord. #006-2002, § 2]
Notwithstanding anything in this chapter, it shall be lawful
to erect bus shelters in locations authorized by the Township Committee,
the size, type construction, and design of said bus shelters shall
be as authorized by the Township Committee, or its designee.
The bus shelters may contain signs up to 32 square feet in area, and no permit shall be required for those signs appearing on approved and authorized bus shelters, however, those signs shall conform to Subsection 20-5.10 "Signs" Subsection a of the Zoning Chapter.
Trailers may be used at the discretion of the Township Committee
for public purposes, example: Recycling sheds, life guard shelters,
Recreation Department uses, Police etc. Bona fide farms as defined
under the Farm Land Assessment Act of 1964 N.J.S.A. 54:4-23.1 et seq.
may use trailers for storage only.
[Ord. #006-2002, § 2; Ord. #001-2004, § 3;
Ord. #015-2006, § 2; amended 6-24-2024 by Ord. No. 009-2024]
a.
General. No development in the Pinelands Area shall be carried out
by any person unless it is in conformance with each of the standards
set forth in this subsection.
b.
Wetlands.
1.
Uses. No development in the Pinelands Area shall be permitted in
a wetland or wetlands transition area except for the following uses:
(a)
Horticulture of native Pinelands species;
(b)
Berry agriculture;
(c)
Beekeeping;
(d)
Forestry;
(e)
Fish and wildlife management consistent with State and Federal
regulations;
(f)
Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection b2 below.
(g)
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection b2 below; and
(h)
Bridges, roads, trails, and utility transmission and distribution
facilities and other similar linear facilities provided that:
(1)
There is no feasible alternative route for the facility that
does not involve development in a wetland or, if none, that another
feasible route which results in less significant adverse impacts on
wetlands does not exist;
(2)
The need for the proposed linear improvement cannot be met by
existing facilities or modification thereof;
(3)
The use represents a need which overrides the importance of
protecting the wetland;
(4)
Development of the facility will include all practical measures
to mitigate the adverse impact on the wetland; and
(5)
The resources of the Pinelands will not be substantially impaired
as a result of the facility and its development as determined exclusively
based on the existence of special and unusual circumstances.
(i)
Commercial or public docks, piers, moorings and boat launches
shall be permitted provided that:
2.
Performance Standards. No development in the Pinelands Area other than those uses specified in Subsection b1(a)-(d) shall be carried out in a wetland or within 300 feet of a wetland unless the applicant has demonstrated that the development will not have the effect of modifying the wetland such that the development will result in an irreversible adverse impact on the ecological integrity of the wetland and its biotic components including, but not limited to, threatened or endangered species of plants or animals in one or more of the following ways:
(a)
An increase in surface water runoff discharging into a wetland;
(b)
A change in the normal seasonal flow patterns in the wetland;
(c)
An alteration of the water table in the wetland;
(d)
An increase in erosion resulting in increased sedimentation
in the wetland;
(e)
A change in the natural chemistry of the ground or surface water
in the wetland;
(f)
A loss of wetland habitat;
(g)
A reduction in wetland habitat diversity;
(h)
A change in wetlands species composition; or
(i)
A significant disturbance of areas used by indigenous and migratory
wildlife for breeding, nesting, or feeding.
Determinations under the above shall consider the cumulative
modifications of the wetland due to the development being proposed
and any other existing or potential development which may affect the
wetland.
c.
Vegetation and Landscaping.
1.
All clearing and soil disturbance activities shall be limited to
that which is necessary to accommodate an activity, use or structure
which is permitted by this chapter.
2.
Where practical, all clearing and soil disturbance activities associated
with an activity, use or structure, other than agriculture, forestry
and resource extraction, shall:
3.
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection c4 below.
4.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection c3 above or required pursuant to Chapter 19, Subsection 19-6.5c, shall incorporate the following elements:
(a)
The limits of clearing shall be identified;
(b)
Existing vegetation, including New Jersey's Record Trees as
published by the New Jersey Department of Environmental Protection
in 1991 and periodically updated, shall be incorporated into the landscape
design where practical;
(c)
Permanent lawn or turf areas shall be limited to those specifically
intended for active human use such as play fields, golf courses and
lawns associated with a residence or other principal nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
(d)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used
for revegetation or landscaping purposes. Other shrubs and trees may
be used in the following circumstances:
(1)
When the parcel to be developed or its environs contain a predominance
of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
(2)
For limited ornamental purposes around buildings and other structures;
or
(3)
When limited use of other shrubs or tree species is required
for proper screening or buffering.
5.
Development Prohibited in the Vicinity of Threatened or Endangered
Plants. No development shall be carried out by any person in the Pinelands
Area unless it is designed to avoid irreversible adverse impacts on
the survival of any local populations of threatened or endangered
plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
d.
Fish and Wildlife.
1.
No development shall be carried out in the Pinelands Area unless
it is designed to avoid irreversible adverse impacts on habitats that
are critical to the survival of any local populations of those threatened
or endangered animals designated by the Department of Environmental
Protection pursuant to N.J.S.A. 23:2A-1 et seq.
2.
Protection of Wildlife Habitat. All development shall be carried
out in the Pinelands Area in a manner which avoids disturbance to
distinct fish and wildlife habitats that are essential to the continued
nesting, resting, breeding and feeding of significant populations
of fish and wildlife in the Pinelands.
e.
Forestry.
1.
Permit Required. No forestry in the Pinelands Area of the Township
shall be carried out by any person unless a permit for such activity
has been issued by the Township Zoning Officer. Notwithstanding this
requirement, no such permits shall be required for the following forestry
activities:
(a)
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
(c)
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted;
(d)
Forest stand improvement designed to selectively thin trees
and brush, provided that no clearing or soil disturbance occurs and
that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year; and
(e)
Prescribed burning and the clearing and maintaining of fire
breaks.
2.
Forestry Application Requirements. The information in paragraphs
e2(a), (b) or (c) below shall be submitted to the Township Zoning
Officer prior to the issuance of any forestry permit:
(a)
For forestry activities on a parcel of land enrolled in the
New Jersey Forest Stewardship Program, a copy of the approved New
Jersey Forest Stewardship Plan. This document shall serve as evidence
of the completion of an application with the Pinelands Commission
as well as evidence that the activities are consistent with the standards
of the Comprehensive Management Plan. No certificate of filing from
the Pinelands Commission shall be required.
(b)
For forestry activities on a parcel of land approved for woodland
assessment that is not enrolled in the New Jersey Forest Stewardship
Program:
(1)
A copy of the woodland management plan, the scaled map of the
parcel and a completed woodland data form, prepared pursuant to the
farmland assessment requirements of N.J.A.C. 18:15-2.7 through 2.15;
(2)
If not already contained in the woodland management plan required in Subsection 2(a) above, the following shall be submitted:
(i)
The applicant's name, address and interest in the
subject parcel;
(ii)
The owner's name and address, if different from
the applicant's, and the owner's signed consent to the filing of the
application;
(iii)
The block and lot designation and street address,
if any, of the subject parcel;
(iv)
A brief written statement generally describing
the proposed forestry activities; and
(v)
The relevant portion of a USGS Quadrangle map,
or copy thereof, and a copy of the relevant portion of the municipal
tax map sheet on which the boundaries of the subject parcel and the
municipal zoning designation are shown.
(3)
A scaled map or statement indicating how the standards set forth
in paragraphs e3(b), (c), (d), (f), (i) and (j) below will be met;
(4)
A letter from the Office of Natural Lands Management indicating whether any threatened or endangered plants or animals have been reported on or in the immediate vicinity of the parcel and a detailed description of the measures proposed by the applicant to meet the standards for the protection of such plants and animals set forth in subsections 20-5.14c5 and 20-5.14d1;
(5)
Unless the Pinelands Commission determines that it is unnecessary, a cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with Subsection 20-5.14,1;
(6)
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection e3(h) below;
(7)
A statement identifying the specific steps to be taken to ensure
that trees or areas to be harvested are properly identified so as
to ensure that only those trees intended for harvesting are harvested;
(8)
A letter from the New Jersey State Forester indicating that
the proposed forestry activities adhere to the silvicultural practices
contained in the Society of American Foresters Forestry Handbook,
Second Edition, pages 413 through 455;
(9)
A letter from the New Jersey State Forester commenting on extent
to which the proposed forestry activities are consistent with the
guidelines contained in the New Jersey Forestry and Wetlands Best
Management Practices Manual developed by the Department of Environmental
Protection. If the letter indicates that the proposed activities are
not consistent with the Best Management Practices Manual, the applicant
must submit a written statement addressing the inconsistencies in
terms of their potential impact on the standards set forth in paragraphs
e3(i) and (j) below;
(10)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34; and
(c)
For forestry activities on a parcel of land that has not been
approved for woodland assessment and is not enrolled in the New Jersey
Forest Stewardship Program:
(1)
The information required in paragraphs e2(b)(2) through (11)
above; and
(2)
A forestry activity plan which includes, as appropriate:
(i)
A cover page for the forestry activity plan containing:
[1]
The name, mailing address and telephone number
of the owner of the subject parcel;
[2]
The municipality and County in which the subject
parcel is located;
[3]
The block and lot designation and street address,
if any, of the subject parcel;
[4]
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
[5]
The date the plan was prepared and the period of
time the plan is intended to cover.
(ii)
A clear and concise statement of the owner's objectives
for undertaking the proposed forestry activities, silvicultural prescriptions
and management practices;
(iii)
A description of each forest stand in which a
proposed activity, prescription or practice will occur. These stand
descriptions shall be keyed to an activity map and shall include,
as appropriate, the following information:
[1]
The number of acres;
[2]
The species composition, including overstory and
understory;
[3]
The general condition and quality;
[4]
The structure, including age classes, diameter
breast height (DBH) classes and crown classes;
[5]
The overall site quality;
[6]
The condition and species composition of advanced
regeneration when applicable; and
[7]
The stocking levels, growth rates and volume.
(iv)
A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period. These may include, but are not necessarily limited
to, a description of:
(vi)
A property map of the entire parcel which includes
the following:
[1]
The owner's name, address and the date the map
was prepared;
[2]
An arrow designating the north direction;
[3]
A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
[4]
The location of all property lines;
[5]
A delineation of the physical features such as
roads, streams and structures;
[6]
The identification of soil types (a separate map
may be used for this purpose);
[7]
A map inset showing the location of the parcel
in relation to the local area;
[8]
Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall note the scale,
which shall not be smaller than one inch equals 2,000 feet or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
[9]
A legend defining the symbols appearing on the
map.
3.
Forestry Standards. Forestry operations shall be approved if the
standards set forth below will be met:
(a)
All silvicultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey Forest Stewardship Plan or the letter required pursuant to Subsection e2(b)(8) above shall serve as evidence that this standard is met;
(b)
Any newly developed access to lands proposed for harvesting
shall avoid wetland areas except as absolutely necessary to harvest
wetlands species or to otherwise gain access to a harvesting site;
(c)
All silvicultural and reforestation practices shall serve to
maintain native forests, except in those areas where nonnative species
are proposed to be harvested;
(d)
The following actions shall be required to encourage the reforestation
of Atlantic White Cedar in cedar and hardwood swamps:
(1)
Clearcutting cedar and managing slash;
(2)
Controlling competition by other plant species;
(3)
Utilizing fencing and other retardants, where necessary, to
protect cedar from overbrowsing;
(4)
Utilizing existing streams as cutting boundaries, where practical;
(5)
Harvesting during dry periods or when the ground is frozen;
and
(6)
Utilizing the least intrusive harvesting techniques, including
the use of winches and corduroy roads, where practical.
(f)
All forestry activities and practices shall be designed and
carried out so as to comply with the standards for the land application
of waste set forth in N.J.A.C. 7:50-6.79;
(g)
All forestry activities and practices shall be designed and
carried out so as to comply with the standards for the protection
of historic, archaeological and cultural resources set forth in Subsection
20-5.141;
(h)
Herbicide treatments shall be permitted, provided that:
(1)
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection e2(b)(6) above;
(2)
Control of competitive plant species is clearly necessary;
(3)
Control of competitive plant species by other, nonchemical means
is not feasible; and
(4)
All chemicals shall be expressly labeled for forestry use and
shall be used in a manner that is consistent with relevant State and
Federal requirements;
(i)
A vegetated streamside management zone shall be maintained or
established adjacent to streams, ponds, lakes and marshes, except
that no streamside management zone shall be required when Atlantic
White Cedar is proposed to be harvested or reestablished. The streamside
management zone shall be at least 25 feet in width. Where soils are
severely erodible, slopes exceed 10% or streamside vegetation is not
vigorous, the streamside management zone shall be increased up to
a maximum of 70 feet to buffer the water body from adjacent forestry
activities. Submission of an approved New Jersey Forest Stewardship
Plan or a letter from the State Forester indicating that the proposed
forestry activities are consistent with the New Jersey Forestry and
Wetlands Best Management Practices Manual shall serve as evidence
that this standard is met;
(j)
Stream crossings, access roads, timber harvesting, skid trails,
log decks, portable sawmill sites, site preparation, and reforestation
shall be designed and carried out so as to: minimum changes to surface
and ground water hydrology; minimize changes to temperature and other
existing surface water quality conditions; prevent unnecessary soil
erosion, siltation and sedimentation; and minimize unnecessary disturbances
to aquatic and forest habitats. Submission of an approved New Jersey
Forest Stewardship Plan or a letter from the State Forester indicating
that the proposed forestry activities are consistent with the New
Jersey Forestry and Wetlands Best Management Practices Manual shall
serve as evidence that this standard is met; and
(k)
A copy of the forestry permit issued by the Township Zoning
Officer shall be conspicuously posted on the parcel which is the site
of the forestry activity.
4.
Forestry Permit Procedures.
(a)
Applications for forestry permits shall be submitted to the
Zoning Officer and shall be accompanied by an application fee of $25.
(b)
Within 14 days of receipt of an application, the Zoning Officer
shall determine whether the application is complete and, if necessary,
notify the applicant in writing of any additional information which
is necessary to complete the application. Should the Zoning Officer
fail to make such a determination within 14 days, the application
shall be considered to be complete as of the 15th day following its
submission.
(c)
Within 45 days of determining an application to be complete pursuant to Subsection e4(b) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection e3 above or disapprove any application which does not meet the requirements of Subsection e3 above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(d)
Upon receipt of a notice of disapproval pursuant to Subsection e4(c) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection e3 above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection e4(c) above.
(e)
Failure of the Zoning Officer to act within the time period
prescribed in paragraphs e4(c) and (d) above shall constitute approval
of the forestry application as submitted. At the request of the applicant,
a certificate as to the failure of the Zoning Officer to act shall
be issued by the municipality and it shall be sufficient in lieu of
the written endorsement or other evidence of municipal approval required
herein.
(g)
Forestry permits shall be valid for a period of 10 years. Nothing
in this section shall be construed to prohibit any person from securing
additional permits, provided that the requirements of this chapter
and the Pinelands Comprehensive Management Plan are met.
5.
Administrative Fees. Upon the issuance of a forestry permit pursuant to Subsection e4(c) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
6.
Notification of Harvesting. No harvesting shall be commenced until
the applicant has provided the Zoning Officer with 72 hours' written
notice of the intention to begin harvesting operations.
f.
Recommended Management Practices for Agriculture. All agricultural
activities and fish and wildlife management activities, including
the preparation of land and the planting, nurturing and harvesting
of crops, shall be carried out in accordance with recommended management
practices established for the particular agricultural activity by
the New Jersey Department of Agriculture, the Soil Conservation Service,
and the New Jersey Agricultural Experimental Station at Rutgers University.
g.
Waste Management. No hazardous or toxic substances, including hazardous
wastes, shall be stored, transferred, processed, discharged, disposed
or otherwise used in the Pinelands Area. The land application of waste
or waste derived materials is prohibited in the Pinelands Area, except
as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities
shall only be permitted in the Pinelands Area in accordance with the
standards set forth in N.J.A.C. 7:50-6.
h.
Water Quality.
1.
General.
(a)
All development shall be designed and carried out so that the
quality of surface and ground water will be protected and maintained.
Agricultural use shall not be considered development for purposes
of this paragraph.
(b)
Except as specifically authorized in this subsection, no development
which degrades surface and ground water quality or which establishes
new point sources of pollution shall be permitted.
(c)
No development shall be permitted which does not meet the minimum
water quality and potable water standards of the State of New Jersey
or the United States.
2.
The following point and nonpoint sources may be developed and operated
in the Pinelands:
(a)
Development of new or expansion of existing commercial, industrial, and waste water treatment facilities or the development of new or the expansion of existing non-point sources, except those specifically regulated in Subsection 2,(b) through (f) below, provided that:
(1)
There will be no direct discharge into any surface water body;
(2)
All discharges from the facility or use are of a quality and
quantity such that ground water exiting from the parcel of land or
entering a surface body of water will not exceed two parts per million
nitrate/nitrogen;
(3)
All public waste water treatment facilities are designed to
accept and treat septage; and
(4)
All storage facilities, including ponds or lagoons, are lined
to prevent leakage into ground water.
(b)
Development of new waste water treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site waste water treatment system where a public health problem has been identified may be exempted from the standards of Subsection h2(a)(2) above provided that:
(1)
There will be no direct discharge into any surface water body;
(2)
The facility is designed only to accommodate waste water from
existing residential, commercial, and industrial development;
(3)
Adherence to Subsection h2(a)(2) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and
(4)
The design level of nitrate/nitrogen attenuation is the maximum
possible within the cost limitations imposed by such user fee guidelines
but in no case shall ground water exiting from the parcel or entering
a surface body of water exceed five parts per million nitrate/nitrogen.
(c)
Improvements to existing commercial, industrial, and waste water
treatment facilities which discharge directly into surface waters
provided that:
(1)
There is no practical alternative available that would adhere
to the standards of N.J.A.C. 7:50-6.84(a)1i;
(2)
There is no increase in the existing approved capacity of the
facility; and
(3)
All discharges from the facility into surface waters are such
that the nitrate/nitrogen levels of the surface waters at the discharge
point do not exceed two parts per million. In the event that nitrate/nitrogen
levels in the surface waters immediately upstream of the discharge
point exceed two parts per million, the discharge shall not exceed
two parts per million nitrate/nitrogen.
(d)
Individual on-site septic waste water treatment systems which
are not intended to reduce the level of nitrate/nitrogen in the waste
water, provided that:
(1)
The proposed development to be served by the system is otherwise
permitted pursuant to the provisions of this chapter;
(2)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection h2(d)(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsection 20-6.7 or N.J.A.C. 7:50-5.47;
(3)
Only contiguous lands located within the same zoning district
and Pinelands management area as the proposed system or systems may
be utilized for septic dilution purposes, except for the development
of an individual single family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
(4)
The depth to seasonal high water table is at least five feet;
(5)
Any potable water well will be drilled and cased to a depth
of at least 100 feet, unless the well penetrates an impermeable clay
aquiclude, in which case the well shall be cased to at least 50 feet;
(6)
The system will be maintained and inspected in accordance with
the requirements of N.J.A.C. 7:50-6.85;
(7)
The technology has been approved for use by the New Jersey Department
of Environmental Protection; and
(8)
Flow values for nonresidential development shall be determined
based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except
that number of employees may not be utilized in calculating flow values
for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide
flow values for a specific use, but a flow value is assigned for that
use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a)
shall be used in calculating flow.
(e)
Individual on-site septic waste water treatment systems which
are intended to reduce the level of nitrate/nitrogen in the waste
water, provided that:
(1)
The standards set forth in paragraphs (d)(1) and (d)(3) through
(8) above are met;
(2)
If the proposed development is nonresidential and located outside
of a Pinelands Town or Pinelands Village management area, the standards
of N.J.A.C. 7:50-6.84(a)5iii(2) are met.
[Amended 2-25-2019 by Ord. No. 001-2019]
(3)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection h2(d)(3) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsection 20-6.7 or N.J.A.C. 7:50-5.47.
(g)
Alternate design pilot program treatment systems, provided that:
(1)
The proposed development to be served by the system is residential
and is otherwise permitted pursuant to the provisions of this subsection;
(2)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection h2(g)(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsection 20-6.7 of this chapter or N.J.A.C. 7:50-5.47;
(3)
Only contiguous lands located within the same zoning district
and Pinelands management area as the proposed system or systems may
be utilized for septic dilution purposes, except for the development
of an individual single family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
(4)
The depth to seasonal high water table is at least five feet;
(5)
Any potable water well will be drilled and cased to a depth
of at least 100 feet, unless the well penetrated an impermeable clay
aquiclude, in which case the well shall be cased to at least 50 feet;
(6)
No more than 10 alternate design pilot program treatment systems
utilizing the same technology shall be installed in the development
of any parcel if those systems are each serving one single family
dwelling;
(7)
Each system shall be equipped with automatic dialing capability
to the manufacturer, or its agent, in the event of a mechanical malfunction;
(8)
Each system shall be designed and constructed so that samples
of effluent leaving the alternate design pilot program septic system
can be readily taken to confirm the performance of the technology;
(9)
The manufacturer or its agent shall provide to each owner an
operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
(10)
Each system shall be covered by a five-year warranty and a minimum
five-year maintenance contract consistent with those approved pursuant
to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable
and which includes provisions requiring that the manufacturer or its
agent inspect the system at least once a year and undertake any maintenance
or repairs determined to be necessary during any such inspection or
as a result of observation made at any other time; and
[Amended 2-25-2019 by Ord. No. 001-2019]
(11)
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection h2(g)(9) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
[Amended 2-25-2019 by Ord. No. 001-2019[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
h2(g)(12), which prohibited the installation of systems after August
5, 2007.
3.
Individual Wastewater Treatment Facility and Petroleum Tank Maintenance.
(a)
The owner of every on-site septic wastewater treatment facility
in the Pinelands Area shall, as soon as a suitable septage disposal
facility capacity is available, in accordance with the provisions
of Chapter 32-6 of the Solid Waste Management Act, N.J.S.A. 13:1E-1
et seq. and Section 201 of the Clean Water Act:
(1)
Have the facility inspected by a technician at least once every
three years;
(2)
Have the facility cleaned at least once every three years;
(3)
Once every three years submit to the local Board of Health a
sworn statement that the facility has been inspected, cleaned and
is functional, setting forth the name of the person who performed
the inspection and cleaning and the date of such inspection.
(b)
The owners of commercial petroleum storage tanks shall comply
with the requirements of Chapter 102 of the Laws of 1986.
4.
Prohibited Chemicals and Materials.
(b)
All storage facilities for deicing chemicals shall be lined
to prevent leaking into the soil, and shall be covered with an impermeable
surface which shields the facility from precipitation.
(c)
No person shall apply any herbicide to any road or public utility
right-of-way within the Pinelands Area unless necessary to protect
an adjacent agricultural activity.
5.
Water management.
(a)
Water shall not be exported from the Pinelands except as otherwise
provided at N.J.S.A. 58:1A-7.1.
(b)
A diversion within the Pinelands Area portion of Upper Township that
involves the interbasin transfer of water from sources within the
Pinelands Area between the Atlantic Basin and the Delaware Basin,
as defined at paragraph (1) and (2) below, or outside of either basin,
shall be prohibited.
(1)
The Atlantic Basin is comprised of Watershed Management Areas 13,
14, 15, and 16, as identified by the New Jersey Department of Environmental
Protection.
(2)
The Delaware Basin is comprised of Watershed Management Areas
17, 18, 19, and 20 as identified by the New Jersey Department of Environmental
Protection.
(c)
A diversion within the Pinelands Area portion of Upper Township involving
the intrabasin transfer of water between HUC-11 watersheds in the
same basin, Atlantic Basin or Delaware Basin as defined at paragraph
(b)(1) and (2) above, shall be permitted. If such an intrabasin transfer
involves water sourced from the Kirkwood-Cohansey aquifer, the diversion
shall meet the criteria and standards set forth at paragraph (d) below.
(d)
Within the Pinelands Area portion of Upper Township a new diversion
or an increase in allocation from either a single existing diversion
source or from combined existing and new diversion sources in the
same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results
in a total diversion of 50,000 gallons of water per day or more (hereafter
referred to as "proposed diversion") shall meet the criteria and standards
set forth at paragraph (d)(3) through (6) below and the water management
standards of the Pinelands Comprehensive Management Plan at N.J.A.C.
7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant
to a Water Allocation Permit or Water Use Registration Number issued
by the New Jersey Department of Environmental Protection pursuant
to N.J.A.C. 7:19.
(1)
When evaluating whether the proposed diversion meets the criteria
set forth at paragraph (d)(3) through (6) below, all of the applicant's
allocations in an HUC-11 watershed, in addition to the proposed diversion,
shall be included in the evaluation.
(2)
The standards set forth at paragraph (d)(3) through (6) below
shall not apply to:
(i)
A new well that is
to replace an existing well, provided the existing well is decommissioned
in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:
(ii)
Any proposed diversion that is exclusively for
agricultural or horticultural use; or
(iii)
Any proposed diversion for a resource extraction
operation that constitutes a nonconsumptive use, provided the water
returned to the source is not discharged to a stream or waterbody
or otherwise results in offsite flow, and the diversion and return
are located on the same parcel.
(3)
A proposed diversion shall be permitted only in the following
Pinelands Management Areas: Pinelands Town; Rural Development Area;
and the Pinelands Villages of Petersburg and Tuckahoe.
(4)
A proposed diversion shall only be permitted if the applicant
demonstrates that no alternative water supply source is available
or viable. Alternative water supply sources include, but are not limited
to, groundwater and surface water sources that are not part of the
Kirkwood-Cohansey aquifer, and public water purveyors and suppliers,
as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply
sources is available at the offices of the Pinelands Commission and
at https://www.nj.gov/pinelands/.
(5)
A proposed diversion shall not have an adverse ecological impact
on the Kirkwood-Cohansey aquifer. Adverse ecological impact means
an adverse regional impact and/or an adverse local impact, as described
at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion
deemed to have an adverse local impact in the Pinelands Area is prohibited.
A proposed diversion deemed to have an adverse regional impact shall
only be permitted if an applicant permanently offsets the diversion
in accordance with N.J.A.C. 7:50-6.86(d)6i.
(6)
An applicant for a proposed diversion shall provide written
documentation of water conservation measures that have been implemented,
or that are planned for implementation, for all areas to be served
by the proposed diversion. Water conservation measures are measurable
efforts by public and private water system operators and local agencies
to reduce water demand by users and reduce losses in the water distribution
system.
i.
Scenic.
1.
Setbacks and Screening Requirements for Scenic Corridors. No development
shall be located within 200 feet of the centerline of a public paved
road except for those roads which provide for internal circulation
within residentially developed areas, and lakes in the Pinelands Area,
unless environmental or other physical considerations make it impractical
to do so, provided however, that the development shall be set back
as close to 200 feet as practicable and the site shall be landscaped
so as to provide screening from the corridor except in a cleared agricultural
area.
2.
Notwithstanding the provisions of Subsection i1 above, all structures within 1,000 feet of the centerline of the Tuckahoe River within the Pinelands Area shall be designed to avoid visual impacts as viewed from the river.
3.
Screening and Storage of Motor Vehicles. Within the Pinelands Area, no person shall store more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors with a six-foot high solid fence. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. These provisions shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes nor for service stations which are proposed for use pursuant to Subsection 20-6.4 of this chapter.
4.
Location of Utilities.
(a)
New utility distribution lines and telephone lines to locations
not served by such utilities as of the date of this chapter shall
be placed underground, except for those lines which are located on
or immediately adjacent to active agricultural operations.
(b)
All electric transmission lines shall be located on existing
towers or underground to the maximum extent practical.
j.
Fire Management. No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard as defined in Subsection 20-2.2 of this chapter unless such development complies with the following standards:
1.
All dead-end roads will terminate in an area which provides safe
and efficient entry and exit for fire equipment;
2.
The rights-of-way of all roads will be maintained so that they provide
an effective fire break;
3.
4.
All residential development of 100 dwelling units or more in high
or extremely high hazard areas will have a 200-foot perimeter fuel
break between all structures and the forest in which:
(a)
Shrubs, understory trees, bushes, and ground cover are selectively
removed, mowed, or pruned and maintained on an annual basis;
(b)
All dead plant material is removed;
(c)
Roads, rights-of-way, wetlands, and waste disposal sites shall
be used as fire breaks to the maximum extent practical; and
(d)
There is a specific program for maintenance.
5.
All structures will meet the following specifications:
(a)
Roofs and exteriors will be constructed of fire resistant materials
such as asphalt rag felt roofing, tile, slate, asbestos cement shingles,
sheet iron, aluminum or brick. Fire retardant-treated wood shingles
or shake type roofs are prohibited in high or extreme fire hazard
areas.
(b)
All projections such as balconies, decks, and roof gables shall
be constructed of fire resistant materials or materials treated with
fire retardant chemicals;
(c)
Chimneys and stovepipes which are designed to burn solid or
liquid fuels shall be equipped with screens over the outlets;
(d)
Flat roofs are prohibited in areas where vegetation is higher
than the roof.
6.
All proposed developments, or units or sections thereof, of 25 dwelling
units or more will have two accessways of a width and surface composition
sufficient to accommodate and support fire fighting equipment.
k.
Recreation. All recreation areas and facilities in the Pinelands
Area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2
and 6.144(a)1-3 and with the New Jersey Department of Environmental
Protection's publication "Administration Guidelines: Barrier Free
Design Standard for Parks and Recreational Facilities".
l.
Historic Archaeological and Cultural Resources.
1.
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection 5(b) below.
2.
Authority to issue certificates of appropriateness.
3.
Certificates of appropriateness shall be required for the following:
(a)
Construction, encroachment upon, alteration, remodeling, removal,
disturbance or demolition of any resource designated by the Township
Committee or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154
or any action which renders such a site inaccessible; and
4.
Applications for certificates of appropriateness shall include the
information specified in N.J.A.C. 7:50-6.156(b).
5.
A cultural resource survey shall accompany all applications for development
in the PV, RPPV and TV Zones and in that portion of the CM Zone located
in a Pinelands Village and all applications for major development
in order to determine whether any significant historic resources exist
on the parcel. Guidelines for this survey are contained in Appendix
B of the "Cultural Resource Management Plan," dated April 1991, as
amended. In general, the survey shall include: a statement as to the
presence of any properties listed on the National and State Registers
of Historic Places on the site or within the area of the projects'
potential environmental impacts; a thorough search of State, local
and any other pertinent inventories to identify sites of potential
significance; a review of the literature and consultation with professional
and avocational archaeologists knowledgeable about the area; thorough
pedestrian and natural resources surveys; archaeological testing as
necessary to provide reasonable evidence of the presence or absence
of historic resources of significance; adequate recording of the information
gained and methodologies and sources used; and a list of personnel
involved and qualifications of the person(s) performing the survey.
(a)
This requirement for a survey may be waived by the local approval
agency if:
(1)
There is insufficient evidence of significant cultural activity
on the project site or, in the case of archaeological resources, within
the vicinity;
(2)
The evidence of cultural activity on the site lacks the potential
for importance because further recording of the available data will
not contribute to a more comprehensive understanding of Pinelands
culture; or
(b)
A resource shall be deemed to be significant if it possesses
integrity of location, design, setting, materials, workmanship, feeling,
and association which reflects its significance in American history,
architecture, archaeology or culture under one or more of the following
criteria:
(1)
The presence of structures, sites or areas associated with events
of significance to the cultural, political, economic or social history
of the nation, State, local community or the Pinelands; or
(2)
The presence of structures, sites or areas associated with the
lives of persons or institutions of significance to the cultural,
political, economic or social history of the nation, State, local
community or the Pinelands; or
(3)
The presence of structures that represent the work of a master,
or that possess high artistic values, or that embody the distinctive
characteristics of a type, period or method of construction, or that
represent a distinguishable entity of significance to the architectural,
cultural, political, economic or social history of the nation, State,
local community or the Pinelands, although its components may lack
individual distinction; or
(4)
The presence of a site or area which has yielded or is likely
to yield significant information regarding the history or archaeological
history of the Pinelands.
6.
The standards governing the issuance of certificates of appropriateness
in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board
and Board of Adjustment.
7.
The effect of the issuance of a certificate of appropriateness is
as follows:
(a)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection (b) below.
(b)
A Certificate of Appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection 1,5 above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Township Committee pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
8.
The following information will be required to document resources
which are not found to be significant but which are otherwise found
to present graphic evidence of a cultural activity:
(a)
A narrative description of the resource and its cultural environment;
(b)
Photographic documentation to record the exterior appearance
of buildings, structures, and engineering resources;
(c)
A site plan depicting in correct scale the location of all buildings,
structures, and engineering resources; and
(d)
A New Jersey State inventory form as published by the New Jersey
Department of Environmental Protection for buildings and a narrative
description of any process or technology if necessary to elaborate
upon the photographic record.
9.
If archaeological data is discovered on a site at any time after
construction has been commenced, the developer shall immediately cease
construction, notify the Planning Board and the Pinelands Commission
and take all reasonable steps to protect the archaeological data in
accordance with the "Guidelines for the Recovery of Scientific, Prehistoric,
Historic and Archaeological Data: Procedures for Notification, Reporting,
and Data Recovery" (36 C.F.R. 66).
m.
Resource Extraction. Resource extraction operations in the Pinelands shall comply with Subsection 19-7.15 of the Township Code.
n.
Energy Conservation. All development shall be carried out in a manner
which promotes energy conservation and maximizes active and passive
solar energy in accordance with applicable statutes. Such measures
may include orientation of buildings, landscaping to permit solar
access and the use of energy conserving building materials.
o.
Air Quality.
1.
All development shall adhere to the relevant air quality standards
of N.J.A.C. 7:27 et seq. Adherence to the standards of this paragraph
shall be determined by means of an air quality simulation model approved
by the New Jersey Department of Environmental Protection pursuant
to N.J.A.C. 7:27-18.3.
2.
Applications for residential development of 100 or more units and
any other development involving more than 300 parking spaces located
in any Pinelands Area shall ensure that all State ambient air quality
standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be
exceeded at places of maximum concentration and at sensitive receptors.
p.
Pinelands Development Credits. Pinelands Development Credits may
be allocated to certain properties in the Township by the Pinelands
Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
1.
Pinelands Development Credits may be used in the Township in the
following circumstances:
(a)
When a variance for cultural housing is granted by the Township in accordance with Subsection 20-6.6b of this chapter;
(b)
When a variance of density or minimum lot area requirements
for a residential or principal nonresidential use in the PV Zone,
the RPPV Zone, in that portion of the TV Zone located in the Pinelands
Area or in that portion of the CM Zone located in a Pinelands Village
is granted by the Township, Pinelands Development Credits shall be
used for all dwelling units or lots in excess of that permitted without
the variance.
(c)
When a waiver of strict compliance is granted by the Pinelands
Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
2.
The requirements of N.J.A.C. 7:50-5.41 et seq. shall apply when Pinelands
Development Credits are either allocated or used in the Township.
q.
Height.
1.
The height limitations set forth in this chapter shall not apply
to any of the following structures, provided that such structures
are compatible with uses in the immediate vicinity: antennas which
do not exceed a height of 200 feet and which are accessory to an otherwise
permitted use, silos, barns and other agricultural structures, church
spires, cupolas, domes, monuments, water towers, fire observation
towers, electric transmission lines and supporting structures, windmills,
smokestacks, derricks, conveyors, flag poles and masts, or aerials,
solar energy facilities, chimneys and similar structures to be placed
above the roof level and not intended for human occupancy.
2.
The height limitations set forth in this chapter shall not apply
to the antenna and any supporting structure of a local communication
facility of greater than 35 feet, provided that the standards set
forth in N.J.A.C. 7:50-5.4(c) are met.
[Ord. #006-2002, § 2]
The use of satellite television antennas (hereinafter called
STA) is permitted in all zones as an accessory use under and subject
to the following regulations:
a.
No more than one STA is permitted on any lot.
b.
No STA shall be located in a front yard.
c.
STA installation shall be designed to withstand winds of 100 m.p.h.
Prior to the installation of any STA, a certification that the proposed
STA can withstand winds of 100 m.p.h. shall be submitted to the Construction
Official by a professional engineer licensed by the State of New Jersey.
d.
A building permit shall be obtained from the Construction Official
of the Township for installation of any STA. Which permit shall be
issued only after the Construction Official has determined that the
proposed STA meets the requirements of this subsection.
[Ord. #006-2002, § 2; Ord. #009-2007, § 2]
Each lot on which a building has been erected or upon which
a building permit has been issued shall abut a street and give access
to such street by a street opening constructed in accordance with
the standards of this subsection.
a.
All applications for building permits shall include suitable drawings
indicating the construction of a street opening in accordance with
this subsection. No Certificate of Occupancy shall issue until such
street opening is constructed in accordance with those plans.
b.
On all lots where a curb is in existence, the street opening shall
include a depressed curb constructed from poured concrete which shall
consist of a full depth section with a minimum of two inches of curb
reveal.
c.
The portion of the roadway lying between the right-of-way line of
the street and the cartway shall be paved as a driveway extension
and as driveway apron.
d.
The portion of the driveway located within five feet from the curb
shall be constructed as a driveway apron. The construction material
shall be concrete or other suitable hard surface material.
e.
On all lots where no curb is presently in existence, the driveway
within four feet of the cartway shall be constructed as a driveway
apron. The construction material shall be bituminous concrete or other
hard surface material.
f.
The street opening and driveway shall be designed in such a manner
as to minimize or eliminate washing of silt, dirt and debris from
the lot into the stormwater drainage system by constructing the driveway
of appropriate material and by adjusting the slopes and crown of the
driveway and driveway apron.
g.
Residential Lots.
1.
The width of a street opening for a residential lot shall be a maximum
16 feet at the curbline and a minimum of 10 feet at the property line,
except in the RR Zone the maximum street opening shall be 12 feet.
2.
Each lot shall have only one street opening, except that lots with
either a lot frontage greater than 175 feet or on which a "circular"
driveway is located and which contain a total lot frontage in excess
of 116 feet, may have two street openings. In the case of a corner
lot the improved street frontage on both streets shall be considered
for lot frontage for this subsection.
3.
The driveway opening shall be located at least 12 feet from the side
property line, except that in the RR Zone the opening shall be located
at least four feet from the property line.
h.
Nonresidential Lots.
1.
The width of a street opening for a nonresidential lot shall be a
maximum 50 feet at the curbline and a minimum of 24 feet, except in
the RC Zone the maximum street opening shall be 12 feet.
2.
Each lot shall have only one street opening, except that lots may
have additional street openings if they show compliance with the requirements
of N.J.A.C. 16:47-3.5(c).
3.
The driveway opening shall be located at least 12 feet from the side
property line, except that in the RR Zone the opening shall be located
at least four feet from the property line.
4.
No lot shall be further subdivided, such that the lot frontage shall
become a nonconforming lot in accordance with the standards of N.J.A.C.
16:47-3.5.
i.
If a driveway crosses a sidewalk, the sidewalk within the driveway
width shall be constructed of concrete with a thickness of six inches.
j.
Lot owner shall maintain a minimum 10 feet wide driveway and shall
be clear of vegetation for the full width and maintain a clear height
of 12 feet.
k.
Any lot owner may apply to the Planning Board for an exception from
any requirement of this subsection upon notice pursuant to N.J.S.A.
40:55D-12 under the procedure for exceptions contained in N.J.S.A.
40:55D-51.
[Added 11-28-2022 by Ord. No. 026-2022; amended 8-28-2023 by Ord. No. 013-2023]
Pervious paving systems are encouraged and are recommended to
help reduce stormwater runoff. If a pervious paving system is designed
in accordance with the following standards, only 25% of the area of
said pervious paving system shall count towards the impervious coverage
limit of the zone that the property is located in. The following requirements
shall apply to a pervious paving system:
a.
The pervious paving system shall be designed and certified by a registered
engineer or landscape architect.
b.
The pervious paving system shall be designed in accordance with N.J.A.C.
7:8, Stormwater Management Rules, and NJ Stormwater Best Management
Practices Manual Chapter 9.6, Pervious Paving System, except that
residential developments only have to design the storage volume for
the water quality storm.
c.
In nonresidential and mixed-use developments, pervious pavement or
pervious pavement systems, except pervious asphalt or pervious concrete,
shall not be used for access and circulation drives, driveways, parking
aisles, accessible parking spaces, or loading spaces.
d.
The use of pervious pavement or pervious pavement systems shall be
prohibited in areas on a lot used for the dispensing of gasoline or
other engine fuels or where hazardous liquids may be absorbed into
the soil.
e.
The use of pervious pavement or pervious pavement systems shall be
adequately maintained so that the specified level of perviousness
continues over time.
f.
No barrier to natural percolation of water shall be installed beneath
such material.
g.
Open grid pavers must be installed on a sand base, without liner,
in order to be considered pervious. Solid surface pavers. (e.g., brick
or brick-appearing pavers as opposed to open grid pavers) do not qualify
for any reduction in impervious area, regardless of type of base material
used.
h.
During construction the system shall be inspected by the Municipal
Engineer.
[Ord. #006-2002, § 1]
[Ord. #004-2015 § 3]
a.
The Township of Upper desires to create uniform regulations for the
construction, reconstruction, repair or renovation of existing or
new bulkheads within the Township of Upper along any waterway or beach
of Upper Township. It is the purpose of this section to promote public
health, safety and general welfare, and to minimize public and private
losses due to flood conditions. Bulkheads are an integral component
for Flood Damage Control and are designed to:
1.
Protect human life and health.
2.
Protect public and private infrastructure.
3.
Minimize expenditure of public and private money for costly repairs
from flood damage.
4.
Minimize prolonged interruptions to business and residential activities
due to street flooding.
5.
Reduce the extent of flood waters that may flow across public and
private property which may cause flood damage.
6.
Reduce flood wave velocities.
b.
A bulkhead shall be provided for all new development and existing development which is being substantially improved in accordance with the standards of Chapter 18 - Flood Damage Control which is located on a waterfront property as follows:
1.
Non-Oceanfront Bulkheads.
(a)
Along Strathmere Bay (Tax Blocks 750, 756, 757, 825, 826, 841,
842, 849 and 850 as shown on the current official Tax Map)
(b)
Along Great Egg Harbor (Tax Blocks 479, 682 and 735 as shown
on the current official Tax Map)
(c)
Along Tuckahoe River (Tax Blocks 12, 15, 19, 310 and 348 as
shown on the current official Tax Map)
c.
The bulkhead shall obtain a permit, be designed and constructed in
accordance with Chapter 17- Construction of Bulkheads.
[Ord. #004-2015 § 3]
a.
Generally. Used clothing donation steel or similar storage containers
(hereinafter referred to in this section as "bins") are prohibited
in the Township of Upper.
b.
Exceptions. Registered 401(c) nonprofit organizations are permitted
to place used clothing bins on nonresidential property in accordance
with the following:
1.
Nonresidential premises are permitted to have only three used clothing
donation bins on the property, which are devoted to nonprofit purposes.
2.
The bin(s) shall be appropriately located so as not to interfere
with sight triangles, on-site circulation, required accessory side
yard setbacks, landscaping, parking, and any other requirements that
may have been imposed as part of the site plan approval for the premises,
and shall be placed on a concrete surface.
3.
The bin(s) shall be of the type that are enclosed by use of a receiving
door and locked so that the contents of the bin(s) may not be accessed
by anyone other than those responsible for the retrieval of the contents.
4.
Each bin shall not cover a ground surface area in excess of five
feet by five feet nor be more than six feet in height.
5.
Each bin must be regularly emptied of its contents so that it does
not overflow, resulting in used clothing being strewn about the surrounding
area.
6.
Each bin shall be maintained in good working order and be free of
graffiti and rust.
7.
A permit for used clothing donation bin(s) shall be required. The
permit shall be issued by the Clerk's Office, but can only be granted
when it is determined by the Zoning Officer that:
(a)
The bin(s) are for use by a duly registered nonprofit organization;
(b)
The proper types of bin(s) are being used as described by this
section;
(c)
The bin(s) are being placed in a proper location as described
by this section;
(d)
Letter of authority/permission from the owner of the property
upon which the bin(s) are to be and/or are already located; and
(e)
Name, address and phone number of the nonprofit organization
or church displayed on each bin.
c.
If any used clothing donation bins are placed without a permit, or
an inspection reveals that such bins are not in compliance with this
subsection, enforcement and abatement shall take place as generally
provided under this section.
[Ord. #006-2002, § 2]
Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Township in order to meet the minimum street width requirements of Chapter 19, Land Subdivision, or to implement the Official Map or Master Plan of the Township, the Construction Official shall issue construction and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other available adjacent lands to provide the minimum requirements.
[Ord. #009-2007, § 2]
a.
The purpose of this subsection is to provide a method of developing
single-family detached dwellings which will preserve desirable open
spaces, conservation areas, flood plains, school sites, recreation
and park areas and lands for other public purposes by permitting the
reduction of lot sizes (and certain other regulations hereinafter
stated) without increasing the number of lots in the total area to
be developed. Cluster single-family residential developments are permitted
in the "AR" and "C" Districts and the "RD," "F3," "F10" and "F25"
Districts in the Pinelands Area.
b.
All conservation residential cluster developments shall meet the
following requirements:
1.
Total lots permitted shall be calculated by preparing a conventional
subdivision concept plan for lots which conform to the area standards
for the underlying zone district. The portion of the lot constrained
by environmental restrictions shall be excluded from the concept plan.
2.
Area and yard requirements for lots developed as part of a conservation
residential cluster development in the "AR," "RD" and "F3" Districts
are as follows:
(a)
Minimum lot size - one acre.
(b)
Maximum impervious lot coverage per lot - 15%.
(c)
Maximum building coverage - 10%.
(d)
Minimum vegetation preservation - 10%.
(e)
Minimum lot frontage, yard, height requirements for principal
and accessory buildings shall be the "R2" Moderate Density Zone requirements;
notwithstanding, the front yard setback requirements for lots within
the "RD" and F3" Districts shall be 200 feet except setback may be
reduced to 100 feet in agricultural areas or where environmental limitations
require reduction.
(f)
Lots proposed for development within the Pinelands Area otherwise must meet the minimum standards of Subsection 20-5.14 of this chapter.
(g)
Minimum open space lot - 60% of total tract area.
3.
Area and yard requirements for lots developed as part of a conservation
residential cluster development in the "C" and "F10" Districts are
as follows:
(a)
Minimum tract area shall be 20 acres.
(b)
Minimum lot size - one acre.
(c)
Maximum impervious lot coverage per lot - 15%.
(d)
Maximum building coverage per lot - 10%.
(e)
Minimum vegetation preservation per lot - 10%.
(f)
Minimum lot frontage, yard, height requirements for principal
and accessory buildings shall be the "R2" Moderate Density Zone requirements;
notwithstanding, the front yard setback requirements for lots within
the "RD" and "F3" Districts shall be 200 feet except setback may be
reduced to 100 feet in agricultural areas or where environmental limitations
require reduction.
(g)
Lots proposed for development within the Pinelands Area otherwise must meet the minimum standards of Subsection 20-5.14 of this chapter.
(h)
Minimum open space lot - 80% of total tract area.
4.
Area and yard requirements for lots developed as part of a conservation
residential cluster development in the "F25" District are as follows:
(a)
Minimum tract area shall be 50 acres.
(b)
Minimum lot size - one acre.
(c)
Maximum impervious lot coverage per lot - 15%.
(d)
Maximum building coverage per lot - 10%.
(e)
Minimum vegetation preservation per lot - 10%.
(f)
Minimum lot frontage, yard, height requirements for principal
and accessory buildings shall be the "R2" Moderate Density Zone requirements;
notwithstanding, the front yard setback requirements for lots within
the "F25" District shall be 200 feet except setback may be reduced
to 100 feet in agricultural areas or where environmental limitations
require reduction.
(g)
Lots proposed for development within the Pinelands Area otherwise must meet the minimum standards of Subsection 20-5.14 of this chapter.
(h)
Minimum open space lot - 85% of total tract area.
5.
Improvements and design standards for cluster developments shall conform to the standards of Chapter 19, Land Subdivision and Site Plan as amended.
6.
All lands not included in or assigned to individual lots and not
utilized for street rights-of-way must be permanently dedicated through
recordation of a restriction on the deed to the parcel as open space
with no further development permitted. All lands not accepted by the
Township shall be owned and maintained by a homeowners association.
All streets within the development shall be dedicated to the Township.
7.
All land areas shall be optimally related to the overall plan and
design of the development and improved to best suit the purpose(s)
for which intended.
8.
The lands offered to the Township shall be subject to review by the
Planning Board which, in its review and evaluation of the suitability
of such land, shall be guided by the Master Plan of the Township,
by the ability to assemble and relate such lands to an overall plan
and by the accessibility and potential utility of such lands. The
Planning Board may request an opinion from other public agencies or
individuals as to the advisability of the Township's accepting any
lands to be offered to the Township.
9.
Every parcel of land offered to and accepted by the Township shall
be conveyed to the Township by deed at the time final plan approval
is granted by the Township. The deed shall contain such restrictions
as may reasonably be required by the Planning Board to effectuate
the provisions of this chapter pertaining to the use of such areas.
Should the subdivision consist of a number of development stages,
the Planning Board may require that acreage proportionate in size
to the stage being considered for final approval be donated to the
Township simultaneously with the granting of final subdivision approval
for that particular stage, even though these lands may be located
in a different section of the overall development.
10.
A homeowners association, established for the purpose of owning and
maintaining common lands and facilities, including conservation, open
space, flood plain, recreation and park areas and other lands which
would otherwise be dedicated to the Township, shall be in accordance
with the following provisions:
(a)
Membership in any created homeowners association by all property
owners shall be mandatory. Such required membership in any created
homeowners association and the responsibilities upon the members shall
be in writing between the association and the individual, in the form
of a covenant, with each member agreeing to his liability for his
pro rata share of the association's costs, providing that the Township
shall be a party beneficiary to such covenant and entitled to enforce
its provisions.
(b)
Executed deeds with restrictions stating that the prescribed
use(s) of the lands in the common ownership shall be absolute and
not subject to reversion for possible future development shall be
tendered to the Township simultaneously with the granting of final
subdivision approval.
(c)
The homeowners association shall be responsible for liability
insurance, municipal taxes, maintenance of land and any facilities
that may be erected on any land deeded to the homeowners association
and shall hold the Township harmless from any liability.
(d)
The assessment levied by the homeowners association shall become
a lien on the private properties in the development. The duly created
homeowners association shall be allowed to adjust the assessment to
meet changing needs, and any deeded lands may be sold, donated or
in any other way conveyed to the Township for public purposes only.
(e)
The homeowners association initially created by the developer
shall clearly describe in its bylaws the rights and obligations of
any homeowner and tenant in the cluster development. Before final
approval, copies of the bylaws, covenants, model deeds and Articles
of Incorporation shall be submitted to the Township.
(f)
The developer shall provide a procedure by which lands will
be transferred to the homeowners association. This schedule shall
be based on a percentage of the lots and/or homes sold or occupied.
The bylaws of the homeowners association should include provisions
which will insure that the maintenance responsibilities for the commonly
owned land are the obligation of the association.
11.
No Certificate of Occupancy shall be issued for any building or part
thereof until all streets, drainage, parking facilities and water
and sewer facilities servicing the structure are properly completed
and functioning.
[Ord. #006-2002, § 2; amended 5-26-2020 by Ord. No. 005-2020]
a.
No principal or accessory building or structure shall exceed the height limits as prescribed in § 20-4.
[Amended 11-28-2022 by Ord. No. 026-2022]
b.
Roof structures for the housing of stairways, tanks, ventilating
fans, air-conditioning equipment or similar equipment required to
operate and maintain the building; skylights; spires; cupolas; flagpoles;
chimneys; or similar structures may be erected above the height limits
prescribed by this chapter, but in no case more than 25% more than
the maximum height prescribed for the use in the district. Farm silos
shall have no height restrictions. Roof structures or cupolas for
stairway or elevator access are not permitted above the required building
height in the RR and RC Zones.
[Ord. #006-2002, § 2; Ord. #001-2004, § 3;
Ord. #009-2007, § 2; Ord. #027-2009, §§ 2
— 6; Ord. #008-2011; Ord. No. 019-2018]
a.
Application Procedure. Before a construction permit or Certificate
of Occupancy shall be issued for a conditional use as permitted by
this chapter under P.L. 1975, C. 291, application shall be made to
the Planning Board. The developer shall follow the procedures and
guidelines prescribed in the Site Plan Ordinance for Site Plan Review.[1] Conditional uses must meet the requirements listed below
in addition to those outlined elsewhere.
[1]
Editor's Note: The Site Plan Ordinance for Site Plan Review
is codified as Chapter 23.
b.
Special Requirements for Car Washes.
1.
All activities must be conducted within a totally enclosed building.
2.
Drainage from inside buildings shall feed into a dry well or septic
system as approved by the Cape May County Board of Health.
3.
All of the area, yard, building coverage and height requirements
of the respective zone and other applicable requirements of this chapter
must be met.
c.
Special Requirements for Hotels and Motels.
1.
Any hotel or motel that may be constructed on a lot or parcel of
land must contain a minimum of at least 10 units of accommodation,
exclusive of a permanent, on-site superintendent's living quarters.
The minimum number of units of accommodation in any single building
shall be five.
2.
Each unit of accommodation shall contain a minimum floor area of
250 square feet. Ceilings shall be a minimum of 7.5 feet in height.
3.
Each unit of accommodation shall include a minimum of two rooms,
a bedroom and a separate bathroom.
4.
There shall be a residency limitation on all guests of 30 days maximum.
The foregoing residency limitation shall not apply to an employee
living on the premises.
5.
All of the area, yard, building coverage and height requirements
of the respective zone and other applicable requirements of this chapter
must be met.
d.
Special Requirements for Public Utility Uses.
1.
For purposes of this chapter, the term "public utility uses" shall
include such uses as telephone dial equipment centers, power substations
and generating facilities and other public utility services.
2.
The proposed installation in a specific location must be reasonably
necessary for the satisfactory provision of service by the utility
to the neighborhood or area in which the particular use is to be located.
3.
The design of any building in connection with such facilities must
conform to the general character of the area and not adversely affect
the safe, comfortable enjoyment or property rights in the zone in
which it is located.
4.
Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Safety Code in effect
at the time of construction.
5.
Sufficient landscaping, including shrubs, trees and lawns, shall
be provided and be periodically maintained.
Within the Pinelands Area, the requirements of Subsection 20-5.14; (Ordinance No. 4-1982) shall apply.
6.
Adequate off-street parking shall be provided.
7.
All of the area, yard, building coverage and height requirements
of the respective zone and other applicable requirements of this chapter
must be met.
e.
Special Requirements for Service Stations.
1.
For purposes of this chapter, the term "Service Station" shall include
such uses as auto services, repair garages (automobile and boats),
auto body shops, metal working, welding shops and contractor repair
shop.
2.
The minimum lot size for service stations shall be 20,000 square
feet and the minimum frontage shall be 150 feet.
3.
All appliances, pits, storage areas and trash facilities other than
gasoline filling pumps or air pumps shall be within a building. Gasoline
filling pumps, air pumps and canopies over gasoline pumps shall be
permitted within the required front yard space of service stations
but shall be no closer than 50 feet to any current or proposed street
line. All lubrication, repair or similar activities shall be performed
in a fully enclosed building and no dismantled parts shall be displayed
outside of any enclosed building.
4.
No junked motor vehicle or part thereof, or motor vehicles incapable
of normal operation upon the highway, shall be permitted on the premises
of any service station. It shall be deemed prima facie evidence of
violation of this chapter if more than three motor vehicles incapable
of operation are located at any one time upon any premises not within
a closed and roofed building excepting, however, that a number not
exceeding six motor vehicles may be located upon any service station
premises outside of a closed or roofed building for a period of time
not to exceed 30 days and providing that the owners of the motor vehicles
are awaiting their repair or disposition.
5.
Not more than two items (such as motor vehicles, trailers, boats
or similar equipment) shall be displayed for sale as part of a service
station.
6.
No parking shall be permitted on unpaved areas.
7.
Auto service stations shall be permitted the following signs:
(a)
One freestanding sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 35 feet in area on a side and shall be set back 20 feet from street lines and 50 feet from side lot lines and provided further that the sign shall be not less than 10 feet, nor more than 20 feet above the ground and provided that said sign comply with all provisions of Subsection 20-5.10.
(b)
One temporary sign located inside the property line and specifically
advertising special seasonal servicing of automobiles, providing that
the sign does not exceed seven square feet in area.
(c)
Directional signs or lettering displayed over individual entrance
doors or bays and consisting only of the words "washing," "lubrication,"
"repairs," "mechanic on duty" or other words closely similar in import,
provided that there shall not be more than one such sign over each
entrance or bay.
(d)
Customary lettering or other insignia which are a structural
part of a gasoline pump, consisting only of the brand name of a gasoline
sold, lead warning sign, a price indicator and any other sign required
by law.
8.
May not be located within 1,000 feet of a public water supply well
or private water supply well for a public or private school if facility
has underground fuel tanks or unpaved parking areas.
f.
Special Requirements of Primitive Campgrounds.
[Amended 6-27-2022 by Ord. No. 010-2022]
1.
Definition. A "primitive campground" is defined as a recreational
facility designed, intended and used for transient overnight stays
in tents, campers or recreational vehicles with no utility hookups
on site and passive accessory uses only.
2.
Applicability. Campgrounds are a prohibited use in all zoning districts
except that primitive campgrounds are a permitted conditional use
in the Conservation Zone subject to the regulations in this section.
3.
Area and Dimensional Requirements.
(a)
Primitive Campgrounds Without Utility Connections.
|
Minimum tract size
|
40 acres
|
|
Minimum lot frontage and width
|
500 feet
|
|
Minimum campsite area
|
10,000 square feet
|
|
Minimum campsite dimensions
|
100 feet by 100 feet
|
|
Maximum gross density (campsites/total acreage)
|
2 campsites/acre
|
(1)
At least the first 100 feet adjoining any lot line shall not
be used for campsites or recreation areas and this buffer area shall
be maintained with existing dense vegetation or planted with native
species to provide a dense evergreen buffer from adjoining lands.
(2)
No less than 40% of the total tract area shall be maintained
as open space and recreation areas, which may include required buffer
areas. In the case of phased development, this open space requirement
shall be met with each phase of the development.
4.
Campsite Maintenance. Each campsite occupant and/or owner shall be
responsible for maintenance of the campsite in clean and orderly condition,
and shall not permit trash and debris to accumulate on the campsite.
No hazard to the health, safety and welfare of persons or property
at or near the campsite shall be permitted by the owner and/or occupant.
5.
Common Area Maintenance. The owner(s) and/or manager(s) of any common
facilities within a campground shall maintain all such facilities
in clean, safe and operable condition, and shall insure that no hazard
to the health, safety or welfare of persons or property is allowed
to develop on the premises.
6.
Required Safety Facilities. In addition to standards specified in
the Uniform Construction Code regarding plumbing and electrical work,
each campground shall provide at least one fire hydrant for every
50 campsites. Such hydrants shall be capable of delivering an appropriate
rate-of-flow and shall be so located as to provide optimal protection
for all campsites and common facilities as determined by the local
Fire Chief. Alternative fire protection measures may be employed at
the suggestion of the local Fire Chief.
7.
Required Bathhouse Facility. Each campground shall have at least
one permanent structure housing restrooms and shower facilities, and
such additional facilities as needed to service the campground.
8.
Required Solid Waste Management Facilities. Each campground shall
provide solid waste containers at permanent locations and in sufficient
numbers to accommodate the solid waste generated by the campground.
Such solid waste facilities shall be maintained in clean and workable
condition, and shall not be allowed to regularly overfill or constitute
a health or safety hazard. Trash removal and legal disposal shall
be the responsibility of the campground owners.
9.
Limits of Occupancy. Primitive campgrounds shall not be occupied
during the period from November 1 through April 1, except by resident
management residing in one permanent year-round housing unit. Campers
may be stored on site between November 1 and April 1, provided the
vehicles are disconnected from servicing utilities and; further, provided,
that any temporary structures associated with seasonal occupancy are
completely disassembled.
10.
Site Plan Review Required. Every new or expanded primitive campground
in the Township shall be subject to site plan review and approval
by the Planning Board pursuant to the requirements of this chapter.
Such site plan shall show the location of each campsite and all required
facilities, improvements and open space to be constructed or already
in existence. Site plan documentation shall include a vegetation and
landscape plan which identifies wooded areas by vegetation type and
areas of significant shrub growth or specimen trees. Supplemental
landscaping, where required by the Planning Board, shall also be shown
on the vegetation and landscape plan. No site plan approval for a
campground shall be granted until all necessary and appropriate permits
have been granted by any other agencies having jurisdiction, including,
but not limited to, the New Jersey Department of Health and the New
Jersey Department of Environmental Protection. Notwithstanding the
foregoing, site plan review shall not be required for any project
undertaken for the installation of electric vehicle supply/service
equipment (EVSE) or make-ready spaces at an existing gasoline service
station, an existing retail establishment, or any other existing building.
Such EVSE installation shall not be subject to 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:
[Amended 11-28-2022 by Ord. No. 026-2022]
(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.
(d)
Within the Pinelands Area, the proposed installation complies
with the minimum environmental standards of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-6.1 et seq.).
(e)
In the Pinelands Area, an application pursuant to this Subsections a10(a) through (d) above shall also require the submission of a certificate of filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of Subsection 20-11.5a2(g) of the Code of Upper Township.
g.
Special Requirements for Community Residences for the Developmentally
Disabled and Community Shelters for Victims of Domestic Violence.
1.
Community residences for the developmentally disabled and community
shelters for victims of domestic violence as defined in N.J.S.A. 40:55D-66.2
are permitted as conditional uses in the "AR" and "R" Zones when such
facilities are designed to accommodate more than six and up to 15
residents (exclusive of resident staff), in accordance with the following
conditional use requirements.
2.
Community residences/shelters shall be permitted in accordance with
the requirements of Subsection 20-4.2e for single-family units in
the following zoning districts: "AR," "R2," "R" "RD," "F3," "F10"
and "F25."
3.
Parking. Each community residence/shelter shall provide one parking
space per resident staff member plus one parking space per vehicle
operated by the facility, but in no case less than five parking spaces
including at least one handicapped parking space.
4.
Water. The applicant shall demonstrate to the Planning Board that
adequate water supply will be provided.
5.
Sewer. The applicant shall demonstrate to the Planning Board that
adequate sewerage disposal will be provided. In the case of on-site
septic systems, the applicant shall demonstrate that such system is
of adequate size and design to service the facility.
6.
Fire Safety. If no internal sprinkler system is provided throughout
the facility, fire safety water supply facilities shall be provided
as required by the Planning Board after consultation with the local
Fire Chief.
7.
Activity Area. An outdoor activity area shall be provided for the
use of the residents. This area shall be located to maximize the safety
and convenience of the residents of the facility and to minimize the
impact of the facility on other residents. The Planning Board may
require fencing around the activity area where it is determined to
benefit the health, safety and welfare of residents of the facility
or other residents of the Township.
h.
Special Requirements for Used Auto Sales and Service.
1.
No parking or display of vehicle(s) shall be permitted on unpaved
areas.
2.
Display area shall be lighted in conformance with the site plan ordinance
requirements. Lighting must be on approved standards, no festoon lighting
is permitted.
3.
No junk motor vehicle(s) or parts thereof shall be permitted on the
premises.
i.
Special Requirements for Self-Service Storage Facilities.
1.
Self-service storage facilities shall be designed so that the facade
is appropriate to the surrounding area.
2.
Self-service storage facilities shall be designed so that the exterior
of the development is composed of solid walls, unbroken by garage
doors, or by a decorative fence. No portion of the facility shall
be unprotected by either a solid wall or fence.
3.
Each facility will be landscaped to lessen the impact of the severe
exterior wall or fence. Such landscaping shall be consistent with
the sections of this chapter pertaining to buffer and buffer requirements.
4.
Off-street parking shall be provided at the office at the rate of
four spaces per 200 storage units plus one space for each employee
on the largest shift plus two spaces for a manager's apartment.
5.
The minimum distance between storage buildings shall be 25 feet.
6.
Self-service storage facilities shall not exceed one story.
7.
One single bedroom resident manager's apartment may be used for on-site
supervision.
8.
The facility shall agree to include in each storage unit lease a
prohibition on the storage of toxic, explosive, hazardous, or illegal
materials.
j.
Special Requirements for Golf Courses.
1.
Wildlife and Habitat Preservation.
(a)
All golf courses/clubs shall be designed to preserve existing wooded areas and utilize existing open space. In addition to existing cleared land, the amount of additional land permitted to be cleared shall be 75 acres or 25% of the existing wooded acreage, whichever is greater. An additional 15 acres of clearing is allowed if it can be demonstrated that such additional clearing were necessary in order to accommodate lakes and other permanent water surface areas to be utilized for drainage and/or irrigation purposes or to maintain sufficient fairway width for a championship length course. Existing cleared areas not to be utilized by the course shall be mitigated by replacement with native trees and shrubs, particularly in locations where stream corridors are not shaded by vegetation at the time of development. All landscaping, with the exception of that proposed for ornamental use or screening/buffering, shall utilize native shrubs and trees in accordance with Subsection 20-5.14c4(d).
(b)
A complete inventory of all wildlife and plant habitat and species
on the property shall be conducted, including documentation of any
endangered or threatened species habitat.
(c)
Clearing, grading and other land disturbance activities shall
be designed to completely avoid the nesting, breeding and feeding
areas of endangered and threatened animal species, as well as the
locations of endangered and threatened plant species.
(d)
A Wildlife Habitat and Enhancement Plan, including maps of native
species habitat, shall be submitted which outlines ways in which the
course will maintain or enhance conditions for native animal and plant
species, particularly endangered and threatened animal and plant species.
(e)
Application of pesticides or fertilizers shall be prohibited
in undisturbed areas and within 300 feet of any identified endangered
and threatened species habitat or rare community type.
(f)
Gasoline powered golf carts shall be prohibited on any golf
course (this excludes maintenance vehicles and equipment).
(g)
All golf courses shall be designed to minimize the visual impact
of the course on the landscape through the provision of a forested
buffer not less than 100 feet in width around the perimeter of the
parcel.
2.
Water Quality Management.
(a)
A vegetated buffer at least 300 feet in width and consisting
of native trees, shrubs and ground covers, shall be provided and maintained
between any turf area which will be treated with fertilizers or pesticides
and the closest point of any wetlands, on or off-site.
(b)
The applicant shall demonstrate that the amount of managed turf
used on the course has been reduced to the maximum extent practical.
Primary play areas and, if the need is demonstrated, secondary play
areas are permitted to use managed turf not on the list below provided
that it has been shown to decrease irrigation and pesticide application
requirements. Other secondary play areas and all out-of-play areas
shall use only those species of drought and pest resistant turf listed
below:
(c)
The applicant shall demonstrate that "no-mow" and "no-spray"
zones have been incorporated in the course design and that such zones
have been maximized in area and situated when appropriate adjacent
to existing native vegetative cover and water bodies.
(d)
An Integrated Turf Management (ITM) Plan and Integrated Pesticide
and Pest Management (IPM) Plan shall be submitted which are specific
to the operation and maintenance of the proposed golf course. These
plans shall be prepared in accordance with guidelines established
by the New Jersey Department of Environmental Protection (NJDEP),
and shall take into account guidelines promulgated by the United States
Golf Association (USGA) and the Golf Course Superintendents' Association
of America (GCSAA). These plans shall use Best Management Practices
(BMPs) to prevent and/or minimize adverse impacts of the golf course
on groundwater and surface water resources.
(e)
The ITM/IPM Plans required in Subsection j2(d) above shall incorporate at a minimum the following items:
(1)
Strategies to prevent or discourage recurring pest problems,
which may include pest resistant turf, modifying microclimates, changing
cultural practices, and using various non-chemical control measures;
(2)
Selection of pesticides that have low toxicity, low solubility
(<30 ppm), high sorption rates (K>300), and short half lives (<21-50
days);
(3)
Delineation of high, medium and low maintenance areas and the
thresholds of pest damage that the course will accept for each area;
(4)
Descriptions of the planned turfgrass;
(5)
Identification of local disease, insect and weed problems; and
(6)
Identification of aesthetic and functional thresholds for pest
and disease.
(f)
A Soil Erosion and Sedimentation Plan for the golf course shall be submitted which outlines coordinated soil erosion and sediment control measures by focusing on the perimeter of the graded areas. This Plan shall also limit the extent of clearing and soil exposure prior to revegetation, possibly through construction phasing. A grading plan, sufficient to determine consistency with the stormwater management requirements of Subsection 20-5.14h2(f), shall be submitted for the course, with individual grading plans submitted for specific holes as circumstances warrant.
(g)
All waterway crossings shall be bridged, not designed with culverts.
(h)
Monitoring of surface water and groundwater quality and quantity shall be provided by the owner(s) on a quarterly basis according to a Water Quality Monitoring Plan prepared specifically for the proposed golf course/club. This monitoring shall include testing for nitrates and all pesticides to be used on the course (only those found on the Pinelands approved list may be applied. Other pesticides registered with the USEPA may be used only if they are approved by the Pinelands Commission following the submission of a report detailing their characteristics). At least 12 testing sites shall be required; such sites shall located next to tees, greens, and fairways in order to identify turf management issues, as well as at upgradient, downgradient and sidegradient locations on the golf course. Water table monitoring shall also be provided, using continuous water table monitoring equipment (data log). Such a monitoring program shall detail the type, timing and frequency of testing, as well as identify the specific chemical parameters to be tested, and shall be established at the time the Integrated Turf Management Plan and the Integrated Pesticide and Pest Management Plans required in Subsection j2(d) above are approved by the Township. The monitoring program shall be consistent with the guidelines established for monitoring plans established by the New Jersey Department of Environmental Protection (NJDEP), Bureau of Water Quality Analysis and the Pinelands Commission.
(i)
Any streams that traverse the golf course shall be monitored
at their entry and exit points to establish impacts on surface water
quality.
(j)
Detection of levels of nitrates or pesticides above those standards outlined in the Water Quality Management Plan required in Subsection j2(h) above, or the presence of prohibited chemical constituents, shall result in immediate re-testing at the impacted well site(s). A second consecutive reading above allowable levels shall result in the use of the product causing the readings to be immediately discontinued at the site. A third test shall be conducted one month later; if the problem persists, or if there are any chemical spills or other occurrences that may present a hazard to local water quality or inhabitants, they shall be immediately reported by the owner to the appropriate authorities for possible mitigation. If the level of nitrate/nitrogen exceeds two ppm, the golf course superintendent shall provide to the Township and the Pinelands Commission a written description of how he or she intends to modify the turf management program in order to ensure consistency with the two ppm standard.
(k)
Fertilizer runoff shall be reduced via slow-release fertilizers
and through the selection and use of organic products whenever possible.
(l)
Storage, handling, and disposal of chemicals shall be conducted
in compliance with State and OSHA regulations. Maintenance employees
shall be properly trained with respect to these procedures.
(m)
Porous materials such as wood chips and gravel shall be used
as alternatives to asphalt and concrete in areas where traffic characteristics
permit. Wood chips shall be generated from trees removed on-site to
the maximum extent possible.
(n)
Paved parking areas shall be limited to 50 spaces, with additional
parking areas consisting of porous materials.
(o)
Any planned construction, improvements, renovations or upgrades
on the course shall include measures to prevent stormwater runoff
and nonpoint pollution from entering waterways during construction.
(p)
Any nonpoint pollution control measures required as part of
the course design shall be installed in a manner which protects adjacent
areas from construction activities.
(q)
Storage and wash areas for maintenance equipment shall be covered
as to prevent runoff of chemicals. All chemical storage areas and
septic systems shall maintain a minimum distance of 300 feet from
all freshwater wetlands.
(r)
Where applicable, grass clippings shall be composted rather
than bagged.
3.
Water Conservation Techniques.
(a)
An Irrigation Water Management Plan (IWM) shall be submitted,
specific to the operation and maintenance of the proposed golf course.
The IWM shall demonstrate how, through the use of innovative technologies
and practices, the course will reduce water use by at least 10% as
compared to state-of-the-art golf courses currently being constructed
outside the Pinelands. The IWM shall include specifics on installation
of an approved irrigation system that reduces water use to the maximum
extent practicable, evaluation of the irrigation system and pump operation
prior to season startup to ensure efficiency and proper functioning,
proper scheduling of irrigations by following a predetermined monitoring
and record-keeping procedure, installation of management tools and
devices, and testing of irrigation water quality. All irrigation areas
must be clearly delineated in the course layout. The IWM shall demonstrate
that areas eligible for irrigation are limited to greens and collars,
tees, greens approaches, fairway landing zones, and other fairway
areas and shall demonstrate that the irrigation of roughs will be
limited to the greatest extent possible. Watering shall be scheduled
as to reduce evaporation and the potential for disease.
(b)
A water use budget and water recycling plan that complements the IWM Plan required in Subsection j3(a) above shall be prepared and submitted, which is specific to the proposed golf course. This plan shall detail the source of potable and irrigation water, the projected amounts which will be required and the water supply capacity of any aquifer from which such water will be withdrawn, and should ensure that consumptive water use is minimized.
(c)
Where native shade trees are planted, as around waterways, they
shall be clustered as to reduce evaporation rates.
(d)
The construction of runoff collection ponds in upland areas
shall be required for use as stormwater management devices and as
potential sources of irrigation water. Best Management Practices (BMPs)
shall be employed to maximize recharge of surface runoff. Ponds shall
be designed and constructed to prevent stagnation, including the use
of aeration devices and other techniques to maintain pond water circulation.
(e)
Unless the applicant can demonstrate that they are unnecessary,
underdrain systems that will eventually feed lined lakes shall be
required for tees and greens; these may be used as a source of irrigation
water.
(f)
Following the installation of any well intended to serve as
a water supply source for the golf course/club, and prior to the issuance
of a Certificate of Occupancy, a pump test shall be conducted at the
maximum projected pumping rate, to assess the impact(s) on other well
users in the vicinity. The results of this test shall be used to project
the cone-of-depression for production wells, and to determine whether
existing wells or wetlands will be adversely affected. If adverse
effects on existing wells or wetlands are projected, alternative water
supply sources shall be required for the golf course.
k.
Adult Retirement Community.
1.
Intent and Purpose. It is the intent and purpose that adult retirement
communities (ARC) be permitted as follows:
(a)
To provide housing opportunities for a variety of housing types
specifically tailored to meet the needs of citizens aged 55 years
and older through the development of an active adult retirement community.
(b)
To create a unique residential community which is compatible
with the character and scale of the Township of Upper.
(c)
To encourage an attractive visual environment with street trees,
sidewalks, landscaping and pedestrian amenities to provide a walkable
community neighborhood with appropriate linkages to the planned Upper
Township Centers.
(d)
To provide affordable housing to assist in meeting Upper Township's
obligations as per the New Jersey Council on Affordable Housing.
2.
Special Requirements for Adult Retirement Communities. Adult retirement communities shall be permitted in the "R," "TC" and "TCC" Districts provided the conditional use standards under Subsection 20-6.4k2(a)-(d), as defined below, are met based on specific findings by the Planning Board. These shall be considered to be those conditional use findings, which are required to be made pursuant to N.J.S.A. 40:55D-67.
(a)
That the minimum gross tract area shall be eight acres.
(b)
That the tract must be located within either an existing sewer
service area or area proposed for community wastewater treatment facility.
Every residential building within the development shall be connected
to a public or community wastewater treatment facility and central
potable water system, as approved by the Planning Board. The sewage
and water capacity provided shall be sufficient to accommodate the
uses as approved by the Planning Board;
(c)
That the tract has direct access to either an arterial or collector
road.
(d)
That the adult retirement communities shall be designed as a
single-entity and not less than 30% of the gross tract acreage shall
be set aside as common area or open space area, which area shall be
distributed throughout the development and which area may be improved
with only those buildings, structures, and off-street parking and
other improvements that are designed to be incidental to the use of
the common area or open space area.
4.
Permitted Accessory Uses.
(a)
Model homes(s) for dwellings to be sold only within the project;
(b)
Sales office of a temporary nature not to extend beyond the
occupancy of the last dwelling in the project and to be solely used
for sale of properties within the retirement community.
(c)
Recreational and cultural facilities for the sole use of the
residents of the community and their guests, including but not limited
to clubhouse, swimming pool, library, media center, court games, picnic
areas and other active and passive recreation facilities.
(d)
Construction office and/or trailer for the duration of the construction
of the project.
(e)
The following subordinate uses exclusively and solely devoted
to the use and benefit residents of the development.
(1)
Private garages and private parking areas.
(2)
Storage of recreational vehicles and trailers.
(3)
One caretaker residence for a caretaker employed by the ARC
and whose time is exclusively devoted to the ARC.
(4)
Maintenance facilities as required for the maintenance of the
ARC.
(5)
Utility facilities.
(6)
Customary accessory structures and uses such as detention basins
and mailboxes cover areas.
(9)
Security guard offices and/or entry gates.
(10)
Landscaping features including benches, trellises, gazebos and
other similar features customarily associated with residential uses,
as the case may be.
5.
Age Restrictions. All dwelling units within an retirement community
shall be deed restricted for occupancy by households with at least
one person 55 years of age or older and with no person less than 19
years of age, provided that visitors less than 19 years of age are
permitted for no more than eight weeks during any twelve-month time
period. One temporary resident who provides necessary health care
to a permanent resident of the dwelling units may be 21 years of age
or older, provided that such an individual may not be accompanied
by any person(s) intending to reside at the premises of the unit temporarily
or otherwise.
6.
Yard and Bulk Requirements.
(a)
Entire tract. The following requirements shall apply to the
tract as a whole:
|
Minimum tract area
|
8 acres
|
|
Maximum gross density
|
6 dwelling units per acre
|
|
Affordable housing units
|
20% of the dwelling units shall be affordable to low and moderate
income families
|
|
Minimum lot width
|
300 feet
|
|
Minimum lot frontage
|
300 feet
|
|
Minimum lot depth
|
300 feet
|
|
Minimum front, side and rear yard setbacks from tract boundaries
|
60 feet
|
|
Minimum landscape buffer depth
|
35 feet
|
|
Maximum building coverage
|
30%
|
|
Maximum impervious coverage
|
60%
|
|
Maximum building height
|
35 feet
|
|
Minimum open space
|
30%
|
|
Minimum parking setback from tract boundaries
|
60 feet
|
(b)
Single-family detached dwellings. The following requirements
shall apply to single family detached dwellings on individual subdivided
lots:
|
Minimum lot area
|
6,000 square feet
|
|
Affordable housing units
|
20% of the dwelling units shall be affordable to low and moderate
income families
|
|
Maximum building coverage
|
35%
|
|
Maximum impervious coverage
|
60%
|
|
Minimum lot width
|
60 feet
|
|
Minimum lot frontage
|
60 feet
|
|
Minimum lot depth
|
100 feet
|
|
Maximum building height
|
35 feet
|
|
Minimum front yard setbacks
|
5 feet
|
|
Maximum front yard setbacks
|
20 feet
|
|
Minimum side yard setback (1/both)
|
10 feet/20 feet
|
|
Minimum rear yard setback
|
25 feet
|
|
Accessory structures
|
5 feet
|
|
Minimum side yard and rear yard setback
|
(c)
Two-family dwellings. The following requirements shall apply
to two-family dwellings each located on individual subdivided lots:
|
Minimum lot area
|
4,000 square feet
|
|
Affordable housing units
|
20% of the dwelling units shall be affordable to low and moderate
income families
|
|
Maximum building coverage
|
35%
|
|
Maximum impervious coverage
|
60%
|
|
Minimum lot width
|
40 feet
|
|
Minimum lot frontage
|
40 feet
|
|
Minimum lot depth
|
100 feet
|
|
Maximum building height
|
35 feet
|
|
Minimum front yard setbacks
|
5 feet
|
|
Maximum front yard setbacks
|
20 feet
|
|
Minimum side yard setback (1/both)
|
0 feet/10 feet
|
|
Minimum rear yard setback
|
25 feet
|
|
Accessory structures
|
5 feet
|
|
Minimum side yard and rear yard setback
|
(d)
Setbacks for accessory structures. The minimum front, side and
rear yard tract setbacks required for principal structures in this
zone shall apply except as provided for on individual lots.
7.
8.
Architecture and Construction.
(b)
All exteriors of building perimeter walls shall be of wood,
brick, stone, vinyl siding or other accepted durable material; provided,
however, that asbestos shingle or cinder block as an exterior finish
is prohibited.
(c)
The exterior of accessory structures shall harmonize architecturally
with and be constructed of materials of like character to those used
in principal structures.
(d)
In order to promote the development of harmonious streetscapes,
the design of individual detached units shall utilize a suitable variety
of different exterior finish materials and employ altering design
of facades. Adjoining dwellings shall be either distinctly different
models or have distinctly different facades with distinctly different
finish materials, throughout.
(e)
Townhomes.
(1)
With respect to townhomes, the distance between two adjacent
buildings side to side shall not be less than 30 feet. The distance
between two adjacent buildings rear to rear shall not be less than
50 feet and side to rear shall not be less than 30 feet.
(2)
No townhome building shall be designed for or occupied by more
than eight dwelling units.
(3)
No townhome building shall exceed 180 feet in length in its
longest dimension, provided; however, that buildings may exceed the
foregoing length so long as they do not contain more than six units.
In addition, not more than two consecutive units shall be designed
without at least a five-foot offset in the building line.
(4)
There shall be no fewer than two exterior wall exposures for
each unit, each of which shall be properly placed so as to provide
thorough ventilation for each unit.
(f)
Multifamily buildings.
(1)
A multifamily building shall not exceed 180 feet in length;
in addition, not more than two consecutive units shall be designed
without at least a five-foot offset in the building line.
(2)
The distance between multifamily buildings shall be a minimum
of 50 feet.
(3)
No more than 20 dwelling units shall be contained in a single
multifamily building.
(g)
Parking and Loading.
(1)
Off-street parking spaces and private garages shall be provided
in accordance with NJ Residential Site Improvement Standards.
(2)
Additional parking shall be provided at the clubhouse or community
building with a minimum of one space/200 square feet of building area.
(3)
No boats or recreational vehicles shall be stored outside on
individual lots with dwellings. An off-street parking lot shall be
provided for such vehicles at the ratio of one parking space for each
20 dwelling units. Each parking space shall be a minimum of 15 feet
wide by 35 feet long accessed by aisles sufficiently wide to allow
parking and removal of vehicles without damage to adjoining parked
vehicles.
(4)
Location of parking areas. Off-street parking facilities are
permitted provided that parking areas shall be set back a minimum
of 25 feet from the side and rear tract perimeter boundaries and no
parking shall be located within the front yard tract boundary setback
area.
(6)
Loading. No fewer than one loading zone area measuring 20 feet
by 50 feet shall be provided for safe loading and unloading, isolated
from pedestrian and patron vehicular movements, for each nonresidential
building.
(h)
Internal circulation.
(1)
Vehicular access. No direct access to any residential unit shall
be permitted from any public street or highway at the perimeters of
the ARC tract. Direct access to residential units may be permitted
to local roads on the interior of the ARC tract.
(2)
Pedestrian circulation. There shall be an adequate system of
pedestrian walks serving all facilities within the development, providing
access to residential units, accessory structures, parking areas,
open spaces, commercial facilities, recreational and other communal
facilities and along vehicular roadways as deemed necessary by the
Planning Board.
(4)
Lighting fixtures and poles shall be compatible and complementary
to the architectural design of the development.
(i)
Landscaping.
(1)
Landscaping shall be provided as part of site plan and subdivision
design. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design, preserving and enhancing
the particular identity of the site and creating a pleasing site character.
(2)
Landscaping may include plant materials such as trees, shrubs,
ground cover, perennials and annuals and other materials such as rocks,
water, sculpture, art, walls, fences, and building and paving materials.
(3)
Landscaping plan. A landscaping plan shall be submitted with
each site plan application, unless an exception is granted. The plan
shall identify existing and proposed trees, shrubs, ground cover,
natural features and other landscaping elements. The plan should show
where they are or will be located and planting and/or construction
details. When existing natural growth is proposed to remain, the applicant
shall include in the plans proposed methods to protect existing trees
and growth during and after construction.
(4)
Site protection and general planting requirements; removal of
debris. All stumps and other tree parts, litter, brush, weeds, excess
or scrap building materials or other debris shall be removed from
the site and disposed of in accordance with the law. No tree stumps,
portions of tree trunks or limbs shall be buried anywhere in the development.
All dead or dying trees, standing or fallen, shall be removed from
the site. If trees and limbs are reduced to chips they may, subject
to approval of the Planning Board Engineer, be used as mulch in landscaped
areas. A developer shall be exempt from these provisions, however,
and shall be permitted to dispose of site-generated new construction
wastes on site as long as the conditions set forth in N.J.A.C. 7:26-1.7
are met.
(5)
Preservation of existing trees. Design of the development shall
be arranged with particular attention paid to the conservation of
existing vegetation. A maximum effort should be made to preserve fine
specimen trees. Woodland areas covering one acre or more in which
30% or more of the trees have an eight-inch or greater caliper or
any grove of 10 or more trees having an eight-inch or greater caliper
shall be conserved whenever possible. All trees having an eight-inch
caliper or greater within portion(s) of the tract to be disturbed
as part of the proposed development shall be mapped.
(6)
Protection of existing plantings. No material or temporary soil
deposits shall be placed within four feet of shrubs or 10 feet of
trees designated to be retained on the preliminary and/or final plat.
Protective barriers or tree wells shall be installed around each plant
and/or group of plants that are to remain on the site. They shall
be a minimum of four feet high and constructed of a durable material
that will last until construction is completed. Snow fences and silt
fences are examples of acceptable barriers.
(7)
Additional landscaping. Additional planting or landscaping elements
shall be required throughout the project where necessary for climate
control, for privacy or for aesthetic reasons in accordance with a
planting plan approved by the Planning Board. All areas of the site
not occupied by buildings and required improvements shall be landscaped
by the planting of grass or other ground cover, shrubs and trees as
part of a site plan approved by the Planning Board.
(8)
Planting specifications. Deciduous trees shall have at least
a three-inch caliper at planting. Wherever possible, on-site vegetation
shall be used to meet the requirements of this subsection. Where on-site
vegetation is insufficient to meet the requirements, nursery-grown
materials shall be acceptable. All trees, shrubs and ground cover
shall be planted according to acceptable horticulture standards. The
developer shall replace dead or dying plants during the following
planting season.
(9)
Plant species. The plant species selected should be hardy for
the particular climatic zone in which the development is located and
appropriate in terms of function and size.
(k)
Paving materials, walls and fences.
(1)
Walls and fences shall be erected where required for privacy,
screening, separation or security or to serve other necessary functions.
Design and materials shall be functional. They shall compliment the
character of the size and type of building and they shall be suited
to the nature of the project.
(2)
No fence or wall shall be so constructed or installed so as
to constitute a hazard to traffic or safety.
(l)
Open space and recreation.
(1)
Open space area. That portion of the tract delineated as open
space whether designated for public or private ownership, shall have
a contiguous area of not less than 15% of the tract area. This open
space specifically does not include private open space for the attached
or detached dwellings nor does the contiguous open space area include
buildings.
(2)
Recreation facilities shall be
provided for use by the residents shall include the following facilities:
[a]
There shall be in each a minimum of one community or clubhouse
building containing at least 10 square feet of floor area for each
dwelling unit.
[b]
One swimming pool of sufficient size to accommodate the residents
as well as the guests.
[c]
Tennis courts.
[d]
Picnic areas.
[e]
Sitting areas.
[f]
Nature trails.
[g]
Outdoor activities. No storage or display of merchandise, articles,
vending machines or equipment shall be permitted outside any building.
Mechanical equipment or trash storage facilities necessary for the
operation of a permitted use shall be fenced or screened as required
by the Planning Board.
(m)
A homeowners association shall be established by deed restriction
which shall own and maintain lands and improvements designated on
the development for open space or common facilities for the benefit
of owners and residents of the ARC. This association shall be in compliance
with the following requirements:
(1)
Such association shall not be dissolved and shall not dispose
of any lands and/or improvements, by sale or otherwise, except to
an organization conceived and established to own and maintain the
land and improvements, for the benefit of the ARC development, and
thereafter such organization shall not be dissolved or dispose of
its holdings without first offering to dedicate the same to the Township
of Upper.
(2)
In the event that such organization shall fail to maintain its
premises in reasonable order and condition, the Governing Body may
serve written notice upon such organization or upon the owners of
the development setting forth the manner in which the organization
has failed to maintain the land and improvements in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be remedied within 35 days thereof and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the Governing Body may modify the terms of the original
notice as to deficiencies and may give a reasonable extension of time,
not to exceed 65 days, within which they shall be remedied. If the
deficiencies set forth in the original notice or in the modification
thereof shall not be remedied within said 35 days or any permitted
extension thereof, the Governing Body, in order to preserve and maintain
the premises for a period of one year, may enter upon and maintain
such land and improvements. Said entry and maintenance shall not vest
in the public any rights to use the premises except when the same
is voluntarily dedicated to the public by the owners. Before the expiration
of said year, the Governing Body shall, upon its initiative, or upon
the request of the organization theretofore responsible for the maintenance
of the premises, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the Governing Body, at which bearing such organization and the
owners of the development shall show cause why such maintenance by
the Township shall not, at the election of the Township, continue
for a succeeding year. If the Governing Body shall determine that
such organization is ready and able to maintain said premises in reasonable
condition, the Township shall cease to maintain said premises at the
end of said year. If the Governing Body shall determine that such
organization is not ready and able to maintain said premises in a
reasonable condition, the Township may, in its discretion, continue
to maintain said premises during the next succeeding year, subject
to similar hearing and determination in each year thereafter. The
decision of the Governing Body in any such case shall constitute a
final administrative decision subject to judicial review.
(3)
The cost of such maintenance by the Township shall be assessed
pro rata against the properties within the development the owners
of which have the right of enjoyment of the premises, in accordance
with assessed value at the time of imposition of the lien and shall,
become a lien and tax on said properties and be added to and be a
part of the taxes to be levied and assessed thereon and, shall be
enforced and collected with interest by the same officers and in the
same manner as other taxes.
(n)
Age restriction compliance.
(1)
The wording of the required deed restriction shall be submitted
by the applicant to the Planning Board for review as part of the application
for final site plan or subdivision approval, and the wording shall
be reviewed, modified as necessary, and finally approved by the Township
Committee and incorporated within a developer's agreement between
the developer and the Township Committee as a condition of any final
approval granted by the Planning Board for an age-restricted housing
development.
(2)
The wording of the required deed restriction as finally approved
by the Township Committee shall be recited in the Master Deed and
the homeowners' association bylaws, which also shall be reviewed and
approved by the Township Committee and Planning Board as a condition
of any final approval granted by the Planning Board for an age-restricted
housing development.
(3)
Certification of compliance. As a condition of preliminary and
final site plan/subdivision approval, a developer in the ARC District
shall submit a certification of compliance acceptable to the Planning
Board which states that the developer is in compliance with the requirements
of the Fair Housing Amendment Act of 1988 and will be in compliance
to the extent possible and feasible with such further amendments of
the Fair Housing Act as are applicable. The certification of compliance
shall also contain a hold harmless and indemnification provision protecting
the Township of Upper from any and all civil rights or other lawsuits
arising out of the developer's or its successor in title's failure
to comply with the Fair Housing Amendment Act of 1988 and amendments
thereto.
(4)
Prior to the issuance of certificates of occupancies as a condition
of an initial or a change in the occupancy, tenancy or nature of use,
the Zoning Officer shall verify compliance with the age restrictions,
established by this paragraph for residents of the ARC. Upon application
for a Certificate of Occupancy, all prospective occupants of the respective
residential or institutionalized-care units shall furnish conclusive
proof of age, such as a certified birth certificate, to the Zoning
Officer.
(o)
Deed restrictions.
(1)
Any conveyance of property or property rights by the developer,
its successors or assigns in an ARC Zone must contain deed restrictions,
which put the transferee on notice that the occupancy of property
in the ARC Zone, is age-restricted. Further, additional notice must
be given that a Certificate of Occupancy issued by the Upper Township
Construction Official is required each time before occupancy, tenancy
or use may commence or change.
(2)
Prior to the sale of any units within the ARC, the developer
shall execute and record a declaration of covenants and restrictions
as approved by the Planning Board, by the terms of which all lands
within the ARC and the owners thereof shall be, at all times, bound
to certain uniform requirements and standards for the maintenance
and repair of the common elements and limited common elements as defined
in N.J.S.A. 46:8B-1 et seq.
(3)
The deed of conveyance for all residential units in the ARC
Zone shall, among other things, provide that no exterior alterations
or improvements shall be made to a unit without prior approval of
the association of homeowners created in the declaration of covenants
and restrictions. The maintenance of the common elements and limited
common elements shall be the responsibility of the association of
homeowners created in the declaration of covenants and restrictions.
There shall be no detached accessory structures permitted on the premises.
There shall be no parking of trailers, boats or commercial vehicles,
other than in enclosed garages or in special parking areas, on the
premises.
(4)
Construction scheduling and permits. All recreation facilities
and community building(s) shall be fully operational prior to the
issuance of 100 Certificates of Occupancy or the issuance of building
permits for 50% of the approved dwellings, whichever shall occur first.
(5)
The Planning Board shall have the power to grant such exceptions
from the above improvement requirements as may be reasonable if the
literal enforcement of one or more provisions is impracticable or
will exact undue hardship because of peculiar conditions pertaining
to the land in question.
(p)
Affordable housing requirements. Each applicant for residential
development shall provide 20% of all residential units as affordable
units as required by the Township's housing plan and as determined
by the New Jersey Committee on Affordable Housing ("COAH") regulations.
To ensure that any units created by this Ordinance No. 019-2018 generate
affordable housing credits to be applied to the Township's affordable
housing obligations, the affordable units within the Inclusionary
Development shall comply with the Round 2 regulations of the New Jersey
Council on Affordable Housing ("COAH"), the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") and/or any successor
regulations, and all other applicable law, including a requirement
that a minimum of 50% shall be affordable to low income households
including a minimum of 13% of all affordable units are available to
very low income households, and said Inclusionary Development shall
be deed restricted for a period of at least 30 years consistent with
UHAC.
[Ord. No. 019-2018]
l.
Assisted Living Residence.
1.
Purpose. This use has been established in recognition of the need
to provide adequate housing to meet the unique requirements of senior
citizens and persons with disabilities with respect to design and
proximity to open space, recreation and shopping areas. It is intended
that this zone provide an opportunity for the development of assisted
living residential uses within the Upper Township Town Centers.
2.
Special Requirements for Assisted Living Residences. Assisted living residence facilities shall be permitted in the "R," "TC" and "TCC" Districts provided the following conditions are met based on specific findings by the Planning Board. These conditions under Subsection 20-6.4l,2(a)-(d), as defined below, shall be considered to be those conditional use findings, which are required to be made pursuant to N.J.S.A. 40:55D-67.
(a)
Yard and bulk requirements:
|
Minimum lot area
|
8 acres
|
|
Minimum lot width
|
250 feet
|
|
Minimum lot frontage
|
250 feet
|
|
Minimum lot depth
|
250 feet
|
|
Maximum impervious coverage
|
60%
|
|
Maximum building coverage
|
35%
|
|
Maximum building height
|
35 feet
|
|
Minimum front yard
|
50 feet
|
|
Minimum side yard
|
50 feet
|
|
Minimum rear yard setback
|
50 feet
|
|
Minimum building setbacks to tract boundary
|
50 feet
|
|
Maximum density
|
8 dwelling units per acre
|
|
Affordable housing units
|
A minimum of 25% of the housing units shall be affordable to
low and moderate income households
|
|
Minimum open space:
|
25%
|
|
Minimum parking setback from tract boundaries
|
35 feet
|
|
Minimum landscape buffer
|
35 feet
|
(b)
The tract has direct access to either an arterial or collector
road.
(c)
The tract must be located within either an existing sewer service
area or area proposed for community wastewater treatment facility.
The sewage and water capacity provided shall be sufficient to accommodate
the uses as approved by the Planning Board.
3.
Permitted Accessory Uses. The following accessory uses shall be permitted
in conjunction with an assisted living residence as a principal use:
(a)
Linen service facilities.
(b)
Nursing services.
(c)
Housekeeping services.
(d)
Beautician services.
(e)
Meeting and social rooms.
(f)
Snack bars/ice cream parlors.
(g)
Medical offices for visiting doctors.
(h)
Indoor and outdoor recreation facilities.
(i)
Health care administrative and management facilities.
4.
Parking Requirements.
(a)
A minimum of 1/2 space per each assisted living residential
care suites plus one space per employee for each shift.
(b)
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.
(c)
Required parking spaces may be provided by any combination of
enclosed or open spaces but in no event shall the parking facilities
be more than 150 feet from the building that they are intended to
serve.
(d)
The arrangement and location of internal roads, garages and
parking areas shall be subject to the approval of the Planning Board
and shall be designed to insure safe and adequate circulation for
senior citizen residents and their guests.
5.
Design Standards.
(a)
The minimum size of a single occupancy residential unit, including
bathroom, shall be 280 square feet.
(b)
The development shall be restricted to the effect that no unit
shall be occupied by more than two persons. At least 50% of all units
shall be restricted to occupancy by one person.
(c)
Each development shall have an architectural theme designed
to be attractive and compatible with surrounding land uses. All buildings
shall not be designed with flat roofs. Architectural elevations and
typical floor plans shall be submitted to the Planning Board for its
review and approval as part of a submitted site plan application.
(d)
A minimum all-season evergreen buffer shall be provided around the perimeter of the site, designed in accordance with the standards set forth in Subsection 20-5.8a of this chapter.
(e)
Assisted living residence shall include the following:
(1)
Outdoor recreational facilities such as shuffleboard courts,
bocce courts or putting greens;
(2)
Indoor recreation facilities with a minimum area of 500 square
feet (for movies, board games etc.);
(3)
Physical therapy facilities with a minimum area of 200 square
feet;
(4)
Library with a minimum area of 200 square feet;
(5)
Congregate dining facilities with the minimum area of 3.33 square
feet per person based upon the maximum number of permitted residents
of the facility;
(6)
Health care facilities and services including but not limited
to security facilities, administrative offices, personal care services,
storage and maintenance facilities used only to provide administrative
services for the assisted living residence;
(7)
Gift shops/convenience shops with personal hygiene aids, sundries
and reading materials;
(8)
Laundry rooms (one for each 30 units with a minimum of one per
floor);
(9)
A chapel with a minimum area of 250 square feet;
(10)
An indoor exercise area with a minimum area of 400 square feet;
(11)
Food preparation and congregate dining facilities;
(12)
Linen service and housekeeping facilities;
(13)
Barber shop and beauty parlor (optional);
(14)
Other uses as customarily associated with and subordinate to
the principal permitted use; however, all support facilities, functions
and services shall be designed and available only for the use and
benefit of resident users of the assisted living residence and their
guests.
(f)
Architectural standards for assisted living residences must
be consistent with the ultimate purpose of achieving independent,
self-reliant and pleasant living arrangements for senior citizens
and physically disabled persons and should take into account the desires
and needs of older persons for privacy and participation in social
and community activities. Provisions should be made to accommodate
the limitations that sometimes accompany advanced years and disabilities
so the independent living can be sustained. Such provisions shall
include but not be limited to the following:
(1)
Ramps shall be provided leading to all structures.
(2)
Grab bars shall be provided besides toilets, and bathtubs or
shower stalls.
(3)
Dwelling units shall be designed and constructed so as to be
free of architectural barriers, which should prohibit or limit access
to or utilization of the dwelling units by physically handicapped
or disabled individuals.
(4)
The use of stairways shall be minimized.
6.
The Planning Board shall have the power to grant such exceptions
from the above improvement requirements as may be reasonable if the
literal enforcement of one or more provisions is impracticable or
will exact undue hardship because of peculiar conditions pertaining
to the land in question.
7.
Affordable Housing Requirements. Any assisted living residence shall
comply with all of the requirements of Upper Township's Affordable
Housing Fair Share Plan (as adopted) and current Council of Affordable
Housing standards.
Former Subsection 20-6.5, Flag Lots, containing portions of
Ordinance No. 006-2002 was deleted in entirety by Ordinance No. 004-2015.
[Ord. #006-2002, § 2]
a.
Residential dwelling units on 3.2 acre lots may be permitted in the
F-3, F-10, F-25, M, RD, CM or PV Districts, provided that:
1.
The dwelling unit will be the principal residence of the property
owner or a member of the immediate family of the property owner;
2.
The individual whose principal residence the dwelling unit will be
has not developed a dwelling unit under this section within the previous
five years;
3.
The parcel of land on which the dwelling is to be located has been
in the continuous ownership since February 7, 1979 of the person whose
principal residence the dwelling unit will be, a member of that person's
immediate family, or a partnership or corporation in which members
of that person's immediate family collectively own more than a majority
interest in such partnership or corporation; and
4.
The person whose principal residence the dwelling unit will be has
resided in the Pinelands for at least five years and that person or
one or more members of that person's immediate family has resided
in the Pinelands for a total of at least 20 different years.
b.
Residential dwelling units on one acre lots may be permitted in the
F-3, F-10, F-25, M, RD, CM, TV, or PV Districts, provided that:
2.
The lot to be developed existed as of February 8, 1979 or was created
as a result of an approval granted by the Pinelands Development Review
Board or by the Pinelands Commission pursuant to the Interim Rules
and Regulations prior to January 14, 1981;
3.
The applicant qualifies for and receives from the Township a variance from the 3.2 acre lot size requirement set forth in Subsection a above; and
4.
The applicant purchases and redeems 0.25 Pinelands Development Credits.
[Ord. #006-2002; Ord. #009-2007, § 2; Ord. #002-2013]
a.
Rural Development Area. Residential dwelling units on one acre lots
existing as of January 14, 1981 shall be permitted in the RD District,
provided that:
1.
The owner of the lot proposed for development acquires sufficient
vacant contiguous or noncontiguous land which, when combined with
the acreage of the lot proposed for development, equals at least 3.75
acres;
2.
All lands acquired pursuant to Subsection a1 above, which may or may not be developable, are located within the RD District;
3.
All noncontiguous lands acquired pursuant to paragraphs a1 and 2
above are permanently dedicated as open space through recordation
of a deed to the property with no further development permitted except
agriculture, forestry and low intensity recreational uses. Any such
deed restrictions shall be in a form to be approved by the Township
Solicitor and the Pinelands Commission;
4.
Tax assessments for the acquired noncontiguous lands are combined
and assigned to the land to be developed; and
b.
Forest Area - F-25 Zone. Residential dwelling units on 1.0 acre lots
existing as of January 14, 1981 shall be permitted in that portion
of the F-25 District provided that:
1.
The owner of the lot proposed for development acquires sufficient
vacant contiguous or noncontiguous land which, when combined with
the acreage of the lot proposed for development, equals at least 25
acres;
2.
All lands acquired pursuant to Subsection a1 above, which may or may not be developable, are located within the F-25 District;
3.
All noncontiguous lands acquired pursuant to paragraphs a1 and 2
above are permanently dedicated as open space through recordation
of a deed to the property with no further development permitted except
agriculture, forestry and low intensity recreational uses. Any such
deed restrictions shall be in a form to be approved by the Township
Solicitor and the Pinelands Commission;
4.
Tax assessments for the acquired noncontiguous lands are combined
and assigned to the land to be developed; and
c.
Forest Area - F-3 Zone. Residential dwelling units on 1.0 acre lots
shall be permitted in the F-3 Zone, provided that:
1.
The owner of the lot proposed for development acquires sufficient
vacant contiguous or noncontiguous land which, when combined with
the acreage of the lot proposed for development, equals at least the
following:
2.
All lands acquired pursuant to Subsection a1 above, which may or may not be developable, are located in the F-3 or F-25 Districts;
3.
All noncontiguous lands acquired pursuant to paragraphs a1 and 2
above are permanently dedicated as open space through recordation
of a deed to the property with no further development permitted except
agriculture, forestry and low intensity recreational uses. Any such
deed restrictions shall be in a form to be approved by the Township
Solicitor and the Pinelands Commission;
4.
Tax assessments for the acquired noncontiguous lands are combined
and assigned to the land to be developed; and
[Ord. #009-2007, § 2]
a.
Purpose. The purpose of density transfer is to allow for preservation
of open space within the environmentally sensitive areas of the Township
by providing a mechanism to compensate the current property owner
for the potential residential unit yield on one tract, but allowing
for these potential residential units to be developed on another suitable
noncontiguous property.
1.
The Township specifically has identified lands within the "TC" Town
Center and "TCC" Town Center Core Districts as being most suitable
for density transfer since these Districts permit higher density residential
and mixed use development, are located within a State Designated Town
Center, have been designated as appropriate wastewater treatment areas.
2.
Density transfer can also preserve open space by clustering potential
development between noncontiguous parcels onto one parcel and retaining
the other parcel(s) as deed restricted open space.
3.
For the Pinelands Area, density transfer can further protect this
area by permitting potential residential unit yield to be transferred
outside of the Pinelands Area to the "TC" and "TCC" Districts. The
lands within the Pinelands Area will be maintained as dedicated open
space.
4.
A density bonus is provided under these regulations, to further encourage
density transfer to the "TC" and "TCC" Districts.
5.
Density transfer can also preserve open space by clustering potential
development between non-contiguous parcels onto one parcel and retaining
the other parcel(s) as deed restricted open space. This would apply
to development within the "AR" and "C" Districts.
b.
Density transfer within noncontiguous parcels located within the
"AR" and "C" Districts area is permitted subject to the following
requirements:
1.
Lands shall be held in common ownership or under contractual agreement
between property owners.
2.
The development yield of the parcels shall be computed based upon
the underlying zoning of these lands. A conceptual subdivision map
in conformance with the zoning requirements shall be prepared to establish
the parcel yield. The portion of the lot constrained by environmental
restrictions shall be excluded from the concept plan.
c.
Density transfer is permitted on noncontiguous parcels located within
the "AR" and or "C" Districts and the "TC" and "TCC" Districts subject
to the following requirements:
1.
The lot yield shall be transferred from the "AR" and or "C" Districts
to the "TC" and or "TCC" Districts only.
2.
Lands shall be held in common ownership or under contractual agreement
between property owners.
3.
The development yield of the parcels within the "AR" and "C" Districts
shall be computed based upon the underlying conventional zone requirements.
A conceptual subdivision map in conformance with the zoning shall
be prepared to establish the development yield. The portion of the
lot constrained by environmental restrictions shall be excluded from
the concept plan.
4.
The development yield shall be transferred to noncontiguous parcels
located in the "TC" and "TCC" Districts.
5.
Development Bonus. The lot yield of residential units may be increased
by up to a maximum of 25% to encourage transfer into the Town Centers.
6.
Development within the "TC" and "TCC" Districts shall be designed in conformance with the requirements of Subsection 20-4.7.
7.
The parcels transferring their development yield shall be deed restricted
as open space. No further development permitted except agriculture,
forestry and low intensity recreational uses.
8.
These lands shall be offered first to the Township, then to the State
of New Jersey and Federal Government.
9.
The lands offered to the Township shall be subject to review by the
Planning Board which, in its review and evaluation of the suitability
of such land, shall be guided by the Master Plan of the Township,
by the ability to assemble and relate such lands to an overall plan
and by the accessibility and potential utility of such lands. The
Planning Board may request an opinion from other public agencies or
individuals as to the advisability of the Township's accepting any
lands to be offered to the Township.
10.
The noncontiguous lands which have transferred their development
yield shall be permanently dedicated as open space through recordation
of a deed to the property which shall be in a form to be approved
by the Township Solicitor.
d.
Density transfer is permitted on noncontiguous parcels located within
the "RD," "F3," "F10" and "F25" Districts and the "TC" and "TCC" Districts
subject to the following requirements:
1.
The lot yield shall be transferred from the "RD," "F3," "F10" and
"F25" Districts to the "TC" and or "TCC" Districts only.
2.
Lands shall be held in common ownership or under contractual agreement
between property owners.
3.
The development yield of the parcels within the "RD," "F3," "F10"
and "F25" Districts shall be computed based upon the underlying conventional
zone requirements. A conceptual subdivision map in conformance with
the zoning shall be prepared to establish the development yield. The
portion of the lot constrained by environmental restrictions shall
be excluded from the concept plan.
4.
The development yield shall be transferred to non-contiguous parcels
located in the "TC" and "TCC" Districts.
5.
Development Bonus. The lot yield of residential units may be increased
by up to a maximum of 25% to encourage transfer into the Town Centers.
6.
Development within the "TC" and "TCC" Districts shall be designed in conformance with the requirements of Subsection 20-4.7.
7.
The parcels transferring their development yield shall be deed restricted
as open space. No further development shall be permitted except agriculture,
forestry and low intensity recreational uses.
8.
These lands may be offered to the Township, then to the State of
New Jersey and Federal Government.
9.
The lands offered to the Township shall be subject to review by the
Planning Board which, in its review and evaluation of the suitability
of such land, shall be guided by the Master Plan of the Township,
by the ability to assemble and relate such lands to an overall plan
and by the accessibility and potential utility of such lands. The
Planning Board may request an opinion from other public agencies or
individuals as to the advisability of the Township's accepting any
lands to be offered to the Township.
10.
The noncontiguous lands which have transferred their development
yield shall be permanently dedicated as open space through recordation
of a deed to the property which shall be in a form to be approved
by the Township Solicitor.
[Ord. #009-2007, § 2]
a.
No permanent structures including buildings, parking areas, drive
aisles and stormwater control structures for the purpose of detention
or retention or infiltration shall be placed within the New Jersey
Department of Transportation's Desirable Typical Section as listed
in Appendix B of the State Highway Access Management Code, N.J.A.C.
16:47.
b.
To comply with the above subsection said structures shall be located
no closer than 61 feet from the centerline of said State Highway.
[Ord. #006-2002, § 2]
a.
Establishment of the Planning Board.
1.
A Planning Board is hereby established consisting of nine members
in accordance with the State Land Use Law 40:55D-23 et seq. Two alternate
members shall be appointed in accordance with N.J.S.A. 40:55D-23 et
seq.
b.
Powers and Jurisdiction of the Planning Board. The Planning Board
shall have the power to:
1.
Make and adopt and amend a Master Plan for the physical development
of the Township, including any areas outside its boundaries, which,
in the Board's judgment, bear essential relation to the planning of
the Township.
3.
Participate in the preparation and review of programs or plans required
by State or Federal law or regulations.
4.
Assemble data on a continuing basis as part of a continuous planning
process.
5.
Annually, prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the governing body.
6.
Consider and make report to the governing body within 35 days after
referral as to any proposed development regulation submitted to it,
and also pass upon other matters specifically referred to the Planning
Board by the Township Committee.
7.
The Planning Board shall have such other powers as prescribed by
law, including, but not limited to, the power to grant the following
variances, to the same extent and subject to the same restrictions
as the Zoning Board of Adjustment, when the Planning Board is reviewing
applications for approval of subdivision plats, site plans or conditional
uses:
8.
The Planning Board shall exercise the powers and perform the duties
set forth in N.J.A.C. 7:50-6.153(a), and shall issue Certificates
of Appropriateness pursuant to Subsection 20-5.151,2 of this chapter.
[Ord. #006-2002, § 2; Ord. #016-2011]
a.
A Zoning Board of Adjustment is hereby established consisting of
seven members and four alternates in accordance with the Land Use
Law N.J.S.A. 40:55D-69 et seq. Members and alternate members shall
be appointed by the governing body of the Township of Upper.
b.
Powers and Jurisdiction of the Board of Adjustment. No variance or
other relief may be granted under the terms of this subsection unless
such variance or other relief can be granted without substantial detriment
to the public good and will not substantially impair the intent and
purpose of the zone plan and this chapter. The Board of Adjustment
shall have the power to:
1.
Error or Refusal. Hear and decide appeals where it is alleged by
the appellant that there is error in any order, requirement, decisions
or refusal made by an administrative officer based on or made in the
enforcement of this chapter.
2.
Exceptions or Interpretations. Hear and decide, in accordance with
the provisions of this chapter, requests for interpretation of the
Zoning Map or this chapter or for decisions upon other special questions
upon which the Zoning Board is authorized to pass by any Zoning or
Official Map Ordinance.
3.
Hardships. Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographical conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation pursuant to this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship, provided, however, that no variance shall be granted under this paragraph to allow a structure or use in a district restricted against such structure or use, and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to Chapter 19, Land Subdivision and Site Plan.
4.
"d" Variances. In particular cases and for special reasons, grant
a variance to allow departure from the zoning provisions of this chapter
to permit:
(a)
A use or principal structure in a district restricted against
such use or principal structure.
(b)
An expansion of a nonconforming use.
(c)
Deviation from a specification or standard pertaining solely
to a conditional use.
(d)
An increase in the permitted floor area ratio.
(e)
An increase in the permitted density, except as applied to the
required lot area for a lot or lots for detached one or two dwelling
unit buildings which lot or lots are neither an isolated undersized
lot or lots resulting from a minor subdivision.
(f)
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the district for a principal structure.
Variances granted under this subsection shall be granted only by affirmative
vote of at least five members. No variance or other relief may be
granted under the terms of this subsection unless such variance or
other relief can be granted without substantial detriment to the public
good and will not substantially impair the intent and purpose of the
zone plan and zoning provisions of this chapter.
5.
Direct Issuance of a Permit Within the Bed of a Mapped Street or
Flood Control Basin. Direct issuance of a construction permit for
the construction of a building or structure within the bed of a mapped
street or public drainageway, flood control basin or public area as
shown on a duly adopted Official Map Ordinance of the Municipality
whenever one or more parcels of land within the bed cannot yield a
reasonable return to the owner unless a construction permit is granted.
The Board may grant such relief only by an affirmative vote of a majority
of the full authorized membership of the Zoning Board of Adjustment,
ensuring that such relief will tend to cause a minimum change of the
Official Map Ordinance and will not significantly add to the cost
of opening any proposed street. The Board shall impose reasonable
requirements as a condition of granting the construction permit so
as to promote the health, morals, safety and general welfare of the
public.
6.
Direct Issuance of Permit When Lot Not Abutting a Street. Direct
issuance of a construction permit for the construction of a building
or structure on a lot not abutting a street which is shown on a duly
adopted Official Map Ordinance of the Municipality or which is a)
an existing State, County or Municipal street or highway, or b) a
street shown upon a plat approved by the municipal Planning Board,
or c) a street on a plat duly filed in the office of the County Recording
Officer. The Board may grant such relief only where the enforcement
of the statute requirement that a building lot abut a street would
entail practical difficulty or unnecessary hardship or where the circumstances
of the case do not require the building or structure to abut a street.
The Board shall impose requirements or conditions that will provide
adequate access for fire fighting equipment, ambulances and other
emergency vehicles necessary for the protection of the health and
safety and will protect any future street layout shown on the Official
Map Ordinance or on the general circulation plan element of the municipal
Master Plan.
7.
Zoning Board in Lieu of Planning Board. The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Chapter 19, Land Subdivision and Site Plan, or conditional use approval pursuant to Subsection 20-6.4 of this chapter whenever the Board of Adjustment is reviewing an application for approval of a use variance pursuant to Subsection b4 above.
8.
The Zoning Board of Adjustment shall issue Certificates of Appropriateness
pursuant to Subsection 20-5.151,2 of this chapter.
9.
Any municipal variance approval which grants relief from the density or lot area requirements set forth in subsections 20-4.4, 20-4.10 or 20-4.13 for a residential or principal nonresidential use in the PV Zone, in that portion of the TV Zone located in the Pinelands Area or in that portion of the CM Zone located in a Pinelands Village shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that permitted without the variance.
c.
Actions by the Board of Adjustment.
1.
Appeals to the Board of Adjustment.
(a)
Appeals to the Board of Adjustment may be taken by an interested
party affected by any decision of the Construction Official of the
Municipality based on or made in the enforcement of this chapter or
Official Map. Such appeal shall be taken within 65 days by filing
a notice of appeal with the officer from whom the appeal is taken,
specifying the grounds of such appeal. The officer from whom the appeal
is taken shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
(b)
A developer may file an application for development with the
Board of Adjustment for action under any of its powers without prior
application to the Construction Official.
2.
Time for Decision.
(a)
The Board of Adjustment shall render a decision not later than
120 days after the date (1) an appeal is taken from the decision of
the Construction Official, or (2) the submission of a complete application
for development to the Board of Adjustment.
(b)
Failure of the Board to render a decision within such 120-day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
(c)
The Board of Adjustment may reverse or affirm, wholly or in
part, or may modify the action, order, requirement, decision, interpretation
or determination appealed from and to that end have all the powers
of the Construction Official from whom the appeal is taken.
(d)
An appeal to the Board of Adjustment shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made, unless the officer from whose action the appeal is
taken certifies to the Board of Adjustment, after the notice of appeal
shall have been filed with him, that by reason of facts stated in
the certificate, a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court upon notice to the officer
from whom the appeal is taken and on due cause shown.
(e)
Unless otherwise specified by the Zoning Board, a variance granted
by the Zoning Board shall expire and become null and void two years
from the grant by the Zoning Board, unless, within the period, the
applicant obtains a construction permit or otherwise avails himself
of the grant or approval. The Zoning Board, upon application and within
the period, may extend the period for one year, but not to exceed
three extensions.
3.
Use Variances Involving Subdivision and/or Site Plan and/or Conditional
Use Approval.
(a)
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan approval or conditional use approval whenever the Board of Adjustment is reviewing an application for approval of a use variance pursuant to Subsection b of this subsection (N.J.S.A. 40:55D-76).
(b)
Whenever an application for development requests relief pursuant
to this subsection, the Board of Adjustment shall grant or deny approval
of the application within 120 days after submission by a developer
of a complete application to the Secretary of the Board of Adjustment
or within such further time as may be consented to by the applicant.
Failure of the Board of Adjustment to act within the period prescribed
shall constitute approval of the application, and a certificate of
the Secretary of the Board of Adjustment as to the failure of the
Board of Adjustment to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval herein required and shall be so accepted by the
County Recording Officer for purposes of filing subdivision plats.
(c)
Applicants seeking simultaneous approvals under this subsection shall follow the procedures and details outlined under Chapter 23, Site Plan Review, and, if applicable, the details required in Chapter 19, Land Subdivision.
(d)
Upon receiving the completed applications and site plan, the
Secretary of the Board of Adjustment shall immediately forward a copy
to the Secretary of the Planning Board. The Planning Board shall thereupon
review the application. The Planning Board or its designated representative
may make recommendations to the Board of Adjustment at the public
hearing on the application. Such recommendations may contain, among
other things, the Planning Board's opinion as to whether or not the
proposed use will be compatible with the Master Plan and whether or
not the proposed uses will adversely affect the overall zoning plan.
d.
Notice of Decision.
1.
The Secretary of the Zoning Board shall mail a copy of the decision
to the applicant within 10 days of the date of the decision. If the
applicant was represented by an attorney, a copy of the decision shall
also be mailed to the attorney. One copy of the decision shall be
filed with the Township Clerk and one copy retained for the Zoning
Board's file.
2.
The Secretary of the Zoning Board shall cause a brief notice of the
decision to be published in the official newspaper of the Township
or a newspaper of general circulation. The period of time in which
an appeal of the decision may be made shall run from the first publication
of the decision.
[Ord. #006-2002, § 2]
a.
Conflicts of Interest. No member of the Planning Board or Zoning
Board of Adjustment shall act on any matter in which he has either
directly or indirectly any personal or financial interest. Whenever
any such member shall disqualify himself from acting on a particular
matter, he shall not continue to sit with the Board on the hearing
of such matter nor participate in any discussion or decision relating
thereto.
b.
Meetings.
1.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month, and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development to process.
2.
Special meetings may be provided for at the call of the chairman
or on the request of any two Board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
3.
No action shall be taken at any meeting without a quorum being present.
4.
All actions shall be taken by majority vote of a quorum except as
otherwise required by a provision of N.J.S.A. 40:55D-1, et seq.
5.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meeting Law, C.231, Laws of New
Jersey, 1975. An executive session for the purpose of discussing and
studying any matters to come before either Board shall not be deemed
a regular or special meeting in accordance with the provisions of
N.J.S.A. 40:55D-9.
[Ord. #006-2002, § 2]
All appeals of decisions made by the Planning Board or the Zoning
Board of Adjustment shall be taken directly to the Superior Court
of New Jersey and not to the Upper Township Committee.
[Ord. #006-2002, § 2; Ord. #006-2008, § 2]
a.
Application of Requirements. Public notice of a hearing shall be
given for the following, in accordance with N.J.S.A. 40:55D-12:
b.
Responsibilities of the Applicant.
1.
The Secretary of the Planning Board or Zoning Board, as the case may be, shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice pursuant to Subsection a above shall be given as follows at least 10 days prior to the date of the hearing:
(a)
By publication in the official newspaper of the Municipality,
if there be one, or in a newspaper of general circulation in the Municipality.
(b)
To all owners of real property as shown on the current tax duplicate
located within 200 feet in all directions of the property which is
the subject of the hearing, which notice shall be given by serving
a copy thereof on the property owner as shown on the current tax duplicate
or his agent in charge of the property; or by mailing a copy thereof
by certified mail to the property owner at his address as shown on
the current tax duplicate. It is not required that a return receipt
be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
The current tax duplicate is considered to be a list of property owners
within 200 feet in all directions of the subject property which is
no more than six months old at the date of the mailing of the certified
notices.
(c)
Notice to a partnership owner may be made by service upon any
partner; notice to a corporate owner may be made by service upon its
president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
(d)
To the clerk of any adjoining municipality or municipalities
and to the Cape May County Planning Board when the property involved
is located within 200 feet of the adjoining municipality or municipalities,
which notice shall be given by personal service or certified mail.
(e)
To the Cape May County Planning Board when the application for
development involves property adjacent to an existing County road
or proposed road shown on the official Cape May County map or a Cape
May County Master Plan or adjoins other County land.
(f)
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a State highway.
(g)
To the Director of the Division of State and Regional Planning
in the Department of Community Affairs when the hearing involves an
application for development of property which exceeds 150 acres or
500 dwelling units, in which case the notice shall include a copy
of any maps or documents required to be on file with the Municipal
Clerk pursuant to N.J.S.A. 40:55D-10b.
(h)
Within the Pinelands Area, to the Pinelands Commission when the application is subject to Subsection 20-11.5, such notice shall contain at least the following information:
(1)
The name and address of the applicant;
(2)
The docket number of the Certificate of Filing, if any, issued
by the Pinelands Commission and the date on which it was issued;
(3)
The date, time and location of the meeting, hearing, or other
formal proceeding;
(4)
The name of the approval agency or representative thereof which
will be conducting the meeting, hearing, or other formal proceeding;
(5)
Any written reports or comments received by the approval agency
on the application for development which have not been previously
submitted to the Commission; and
(6)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
(i)
To the New Jersey Department of Environmental Protection when
development includes land located in the CAFRA Zone, involves more
than 25 dwelling units, or when development includes or borders lands
designated as freshwater wetlands, or tidal wetlands.
(j)
Such other parties as may be required by existing statutes and
regulations.
2.
Upon the written request of an applicant, the Township Clerk shall make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection b1(b). The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
3.
The applicant shall file an affidavit or proof of service with the
Planning or Zoning Board, as the case may be.
c.
Contents of Notice. The notice shall state the date, time and place
of the hearing and the nature of the matters to be considered, and
an identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the Municipal Tax Assessor's office,
and the location and times at which any maps or documents for which
approval is sought are available for inspection.
[Ord. #006-2002, § 2]
a.
Any decision of the Planning or Zoning Board or the Township Committee
when acting on an application for subdivision or site plan approval,
variance, conditional use or appeal shall require notice. Notice shall
be given in the following ways:
1.
A copy of the decision shall be mailed to the applicant or his attorney
within 10 days of the date of the decision, without charge, and likewise
a copy of the decision shall be mailed to all persons who have requested
that a copy of the decision be sent to them; and
2.
A notice of the decision shall be published in the official newspaper
of the Municipality, if there is one, or in a newspaper of general
circulation in the Municipality. The publication of such notice shall
be arranged for by the Secretary of the Planning Board, Secretary
of the Zoning Board or Township Clerk, depending upon which agency
makes the decision.
3.
A copy of the decision shall also be filed with the Township Clerk.
b.
The period of time in which an appeal to the Township Committee or
court of competent jurisdiction may be made shall run from the first
publication.
[Ord. #006-2002, § 2]
a.
The Planning or Zoning Board, as the case may be, shall hold a hearing
on each application for a request for site plan or subdivision approval,
zoning variance, conditional use or direction for the issuance of
a permit.
b.
Planning or Zoning Boards shall make the rules governing such hearings.
Any maps and documents for which approval is sought at a hearing shall
be on file and available for public inspection at least 10 days before
the date of the hearing, during normal business hours in the office
of the Planning-Zoning Board Secretary. The applicant may produce
other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
c.
The Chairman presiding at the hearing (or such person as he may designate)
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant evidence,
including witnesses and documents presented by the parties, and the
provisions of the "County and Municipal Investigations Law," P.L.
1953, C.38 (C.2A:67A-1 et seq.) shall apply.
d.
The testimony of all witnesses relating to an application shall be
taken under oath or affirmation by the Chairman, and the right of
cross-examination shall be permitted to all interested parties through
their attorneys, if represented, or directly, if not represented,
subject to the discretion of the presiding officer and to reasonable
limitations as to time and number of witnesses.
e.
Technical rules of evidence shall not be applicable to the hearing,
but the Planning or Zoning Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
f.
The Pinelands Commission may participate in a hearing held by the
Township involving the development of land in the Pinelands Area pursuant
to N.J.A.C. 7:50-4.36.
[Ord. #006-2002, § 2]
a.
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the Planning
or Zoning Board and of the persons appearing by attorney, the action
taken by the Planning or Zoning Board, the findings, if any, made
by it and reasons therefore. The minutes shall thereafter be made
available for public inspection during normal business hours at the
office of the Township Clerk. Any interested party shall have the
right to compel production of the minutes for use as evidence in any
legal proceeding concerning the subject matter of such minutes.
b.
A verbatim recording shall be made of every hearing on an application required under Subsection 20-9.3. The recording of the proceedings shall be made by either stenographer, mechanical or electronic means. The Planning Board, Zoning Board or Township Committee shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
[Ord. #004-2007, § 2]
a.
Application Forms. The Zoning Board and Planning Board shall approve
application forms for their respective Boards for Site Plan Preliminary,
Site Plan Final, Minor Subdivision, Major Subdivision - Classification,
Major Subdivision - Preliminary, Major Subdivision — Final,
Environmental Assessment Checklist, Site Plan Waiver, Variances to
the Planning Board and/or Zoning Board. Current application forms
are available from the Board Secretary.
b.
Content. An application to the Zoning Board and/or Planning Board
shall include the items specified in Subsection 19-9.9.
c.
Complete Application. An application shall be complete for purposes
of commencing the applicable time period for action by the Planning
Board or Zoning Board when so certified by the Planning Board or Zoning
Board or its authorized committee. For an application to be certified
complete, it must include each item in the checklist specified in
Subsection 19-9.9.
d.
Waiver. The applicant may request that one or more of the submission
requirements in the checklist be waived. Such request shall be made
in writing.
[Ord. #006-2002, § 2; Ord. #006-2008, § 2]
Fees for every application for review by the Planning Board or Zoning Board of Adjustment shall be in accordance with § 19-11.
[Ord. #006-2002, § 2; Ord. #006-2008, § 2;
Ord. #002-2013]
a.
Duties. It shall be the duty of the Zoning Officer of the Township
of Upper to administer and enforce the provisions of Township's Revised
General Ordinances; to inspect the structures and land in the Township.
When any violation of the Township Ordinance is found by the Zoning
Officer or when any purported violations shall be brought to his attention,
it shall be mandatory upon the Zoning Officer to make an investigation.
In the advent that said official determines that a violation of the
Code does, in fact exist, it shall be mandatory upon the Zoning Officer
to serve written notice of said violation by registered mail or personal
service upon the owner. In the advent that the owner shall fail to
abate said violation within 10 days of the service of such notice,
it shall then be mandatory upon the Zoning Officer to file a complaint
in the appropriate court of jurisdiction and to furnish a copy of
the report to the Township Committee.
b.
Zoning Permit Required. A zoning permit is required before:
1.
Creation, construction, excavation, erection, alteration, conversion,
or enlargement of any building, structure, land or part thereof;
[Amended 10-28-2019 by Ord. No. 016-2019]
2.
Changing or allowing a change of use as defined by this chapter;
[Amended 10-28-2019 by Ord. No. 016-2019]
3.
Clearing and/or removal of vegetation of more than 5,000 square feet;
4.
Issuance of any building permit, temporary certificate of occupancy
or certificate of occupancy.
5.
Any change of occupancy from one permitted use to another.
[Added 10-28-2019 by Ord.
No. 016-2019]
c.
Application. Application for zoning permit shall be:
1.
In writing;
2.
Submitted to the Zoning Officer;
3.
Signed by the owner of record of the land and by the applicant for
the permit;
4.
Made on forms provided by the Zoning Officer;
5.
Accompanied by a plot plan with the following information:
[Amended 5-26-2020 by Ord. No. 005-2020]
(a)
Drawn to scale with dimensions showing the exact size, shape, and
location of all existing and proposed buildings and structures.
(b)
The proposed building or structure in its exact relation to lot and
street lines.
(c)
Zoning schedule showing existing and proposed area and yard requirements.
(d)
Existing and proposed grading to show there will not be an impact
to off-site properties.
(e)
The Zoning Officer may waive the plot plan requirements on minor
applications not affecting structural change.
(f)
The Zoning Officer may require an as-built survey showing compliance
with the information provided in Subsection C5(a) through (d) above.
d.
Issuance of Permits.
1.
The Zoning Officer shall act on all applications for zoning permits
within 10 business days after receipt of a fully completed application
and shall notify the applicant, in writing, of his/her issuance or
denial of the application.
2.
If the Zoning Officer denies an application for a zoning permit,
a written statement of the reasons for denial shall be supplied to
the applicant within 10 business days after receipt of a fully completed
application.
3.
Failure to notify the applicant in case of such refusal within 10
business days shall entitle the applicant for a zoning permit to file
an appeal to the Zoning Board of Adjustment as in the case of a denial.
Notification shall be deemed made as of the date it is placed in the
mail not the date when it is received by the applicant.
4.
Denial of a zoning permit by the Zoning Officer may be appealed to
the Zoning Board of Adjustment. N.J.S.A. 40:55D-72 to 40:55D-75 shall
apply to such appeals to the Zoning Board of Adjustment.
e.
Records. A record shall be kept of all zoning permits issued and
denied, and the original applications therefor shall be kept on file
in the same manner as applications for building permits.
f.
Effect of Zoning Permits.
1.
The zoning permit for a premises (to be designated by tax block and lot numbers) shall show that every building or premises or part thereof and the proposed use thereof are in conformity with the provisions of Chapter 20, Zoning, of the Upper Township Code, or in conformity with the provisions of a variance granted according to law or are a valid nonconforming use and/or structure.
2.
A zoning permit, unless revoked, shall continue in effect so long
as there is no change of use of the premises.
h.
Revocation of Zoning Permit. If it shall appear at any time to the Zoning Officer that an application for zoning permit or accompanying plans are in any material respect false or misleading or that the work done upon the premises is materially different from that called for in the application previously filed with him/her or may be in violation of any provision of Chapter 20, Zoning, of the Upper Township Code, or the conditions imposed either by the Planning Board or Zoning Board of Adjustment in conjunction with approvals issued by them are not being met within the time or in the manner required by the approving authority, he/she may forthwith revoke the zoning permit.
i.
Nonconforming Uses and Structures.
1.
Upon written request, the owner, tenant, occupant, 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 zoning permit certifying the legality of the
use or structure existing before the adoption of the ordinance which
rendered the use or structure nonconforming. The applicant shall have
the burden of proof.
2.
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.
3.
Application pursuant hereto may be made at any time to the Zoning
Board of Adjustment.
4.
Denial by the Zoning Officer may be appealed to the Zoning Board
of Adjustment. N.J.S.A. 40:55D-72 to 40:55D-75 shall apply to applications
or appeals to the Zoning Board of Adjustment. Hearings before the
Zoning Board of Adjustment shall require proper legal notice as provided
for by N.J.S.A. 40:55D-12.
5.
Any zoning permit issued shall certify the extent and kind of use/structure
and shall specify the nonconformity in detail.
j.
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for a zoning permit shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application.
k.
Enforcement.
1.
It shall be unlawful to use, change the use of, or permit the change of use of any building, structure or premises or part thereof thereafter created, located, constructed, excavated, erected, changed, converted or enlarged wholly or partly until a zoning permit has been issued for that premises certifying that the structure or use complies with the provisions of the Upper Township Code Chapter 20, Zoning.
2.
A new zoning permit shall be required for any change in use. No zoning
permit shall be issued until all prior approvals, including those
required by all other municipal ordinance regulations, have been received
by the applicant.
3.
It shall be the duty of the Zoning Officer and/or the Code Enforcement
Officer to administer and enforce the provisions of this section.
4.
The Zoning Officer or the Public Works Department as directed by
the Zoning Officer may remove unpermitted yard signs located in the
public right-of-way, on utility poles or trees adjacent to the public
right-of-way.
l.
Violations and Penalties.
1.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $1,000, by imprisonment for a term not to exceed
90 days or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service, as determined by the
Municipal Court Judge. The continuation of such violation for each
successive day shall constitute a separate offense.
2.
The violation of any provision of this section shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
[1]
Editor's Note: Subsections 20-11.2, "Construction Permits
and Procedure," 20-11.3, "Construction Permits Outstanding," and 20-11.4,
"Certificate of Occupancy," previously contained herein, have been
repealed in entirety by Ordinance No. 14-1989.
[Ord. #006-2002, § 2]
a.
Applicability of Procedures.
1.
No person shall carry out any development within the Pinelands Area
without obtaining approval from an approval agency and without obtaining
development approval in accordance with the procedures set forth in
this chapter.
2.
Except as provided in Subsection a3 below, the following shall not be subject to the procedures set forth in this chapter:
(a)
The improvement, expansion or reconstruction, within five years
of destruction or demolition, of any single-family dwelling or appurtenance
thereto;
(b)
The improvement, expansion, construction or reconstruction of
any structure accessory to a single-family dwelling;
(c)
The improvement, expansion, construction or reconstruction of
any structure used exclusively for agricultural or horticultural purposes;
(d)
The construction, repair or removal of any sign, except for
the construction or replacement of any off-site commercial advertising
sign;
(e)
The repair of existing utility distribution lines.
(f)
The clearing of less than 1,500 square feet;
(g)
The construction of any addition or accessory structure for
any nonresidential use or any multifamily residential structure provided
that:
[Amended 2-25-2019 by Ord. No. 001-2019]
(1)
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
(2)
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
(h)
The demolition of any structure that is less than 50 years old;
(i)
The installation of utility distribution lines, except for sewage
lines, to serve areas which are effectively developed or development
which has received all necessary approvals and permits;
(j)
The repair or replacement of any existing on-site waste water
disposal system;
(k)
The repaving of existing paved roads and other paved surfaces,
provided no increase in the paved width or area of said roads and
surfaces will occur.
[Amended 2-25-2019 by Ord. No. 001-2019]
(l)
The clearing of land solely for agricultural or horticultural
purposes.
[Amended 2-25-2019 by Ord. No. 001-2019]
(m)
Fences, provided no more than 1,500 square feet of land is to
be cleared;
(n)
Above-ground telephone equipment cabinets;
(o)
Tree pruning;
(p)
The following forestry activities:
(1)
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
(2)
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
(3)
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(4)
Forest stand improvement designed to selectively thin trees
and brush, provided that no clearing or soil disturbance occurs and
that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year;
(q)
Prescribed burning and the clearing and maintaining of fire
breaks; or
(s)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 2-25-2019 by Ord.
No. 001-2019]
(t)
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 2-25-2019 by Ord.
No. 001-2019]
(u)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 2-25-2019 by Ord.
No. 001-2019]
(v)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 2-25-2019 by Ord.
No. 001-2019]
3.
The exceptions contained in Subsection 2 above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
4.
Nothing herein shall preclude any local or state agency from reviewing,
in accordance with the provisions of any applicable ordinance or regulation,
any proposed development which does not require an application to
the Pinelands Commission pursuant to this section.
b.
Application Requirements for Minor Development. Any application for
approval of minor development shall include at least the following
information:
1.
The applicant's name and address and his interest in the subject
property;
2.
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
3.
The legal description, including block and lot designation and street
address, if any, of the subject property;
4.
A description of all existing uses of the subject property;
5.
A brief written statement generally describing the proposed development;
6.
A United States Geological Survey Quadrangle map, or copy thereof,
and a copy of the Municipal Tax Map sheet on which the boundaries
of the subject property, the Pinelands management area designation
and the zoning designation are shown;
7.
A plat or plan showing the location of all boundaries of the subject
property, the location of all proposed development, existing or proposed
facilities to provide water for the use and consumption of occupants
of all buildings, and sanitary facilities which will serve the proposed
development. The following information shall be included with respect
to existing or proposed sanitary facilities:
(a)
On-site treatment facilities: Location, size, type and capacity
of any proposed on-site water treatment facilities; and
(b)
Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted at a suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in Subsection 20-5.14h.
8.
A location map, including the area extending at least 300 feet beyond
each boundary of the subject property, showing ownership boundary
of the proposed development, owners of holdings adjoining and adjacent
to the subject property, existing facilities, buildings and structures
on the site, all proposed development, wetlands, streams (including
intermittent streams), rivers, lakes and other water bodies and existing
roads;
9.
A soils map including a county soils survey which conforms to the
guidelines of the United States Department of Agriculture, Soil Conservation
Service, showing the location of all proposed development;
10.
A map showing existing vegetation identifying predominant vegetation
types in the area, and showing proposed landscaping of the subject
property, including the location of the tree line before and after
development and all areas to be disturbed as a result of the proposed
development;
11.
A certificate of filing from the Commission issued pursuant to N.J.A.C.
7:50-4.34 or, until January 14, 1991, evidence of prior approval from
the Pinelands Development Review Board or the Commission pursuant
to the Interim Rules and Regulations; and
c.
Other Application Requirements; Certificate of Filing.
1.
All applications for major development, other than forestry and resource
extraction operations, shall be accompanied by the information required
in N.J.A.C. 7:50-4.2(b)(5), as well as the following:
(a)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence
of prior approval from the Pinelands Development Review Board or the
Pinelands Commission pursuant to the Interim Rules and Regulations;
and
d.
Notices to the Pinelands Commission.
[Amended 2-25-2019 by Ord. No. 001-2019]
1.
Application submission and modifications. Written notification shall
be given by the Township, by email or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Township that an application for development in the Pinelands Area
is complete or if a determination is made by the Township approval
agency that the application has been modified. Said notice shall contain:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop;
(c)
A brief description of the proposed development, including uses
and intensity of uses proposed;
(d)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(e)
The date on which the application, or any change thereto, was
filed and any application number or other identifying number assigned
to the application by the approval agency;
(f)
The approval agency with which the application or change thereto
was filed;
(g)
The content of any change made to the application since it was
filed with the Commission, including a copy of any revised plans or
reports; and
(h)
The nature of the municipal approval or approvals being sought.
2.
Meetings and hearings. Where a meeting, hearing or other formal proceeding
on an application for development approval in the Pinelands Area is
required, the applicant shall provide notice to the Pinelands Commission
by email, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(a)
The name and address of the applicant;
(b)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(c)
The date, time and location of the meeting, hearing or other
formal proceeding;
(d)
The name of the approval agency or representative thereof that
will be conducting the meeting, hearing or other formal proceeding;
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission; and
(f)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
3.
Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or in action of any approval
agency or an appeal of any agency's decision. The applicant shall,
within five days of the approval or denial, give notice by email or
regular mail to the Pinelands Commission. Such notice shall contain
the following information:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop;
(c)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(d)
The date on which the approval or denial was issued by the approval
agency;
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission;
(f)
Any revisions to the application not previously submitted to
the Commission;
(g)
A copy of the resolution, permit or other documentation of the
approval or denial. If the application was approved, a copy of any
preliminary or final plan, plot or similar document that was approved
shall also be submitted.
e.
Review by the Pinelands Commission.
1.
Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection d above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
2.
Until January 14, 1991, approvals issued by the Pinelands Development
Review Board or the Commission under the Interim Rules and Regulations
shall serve as the basis for Commission review of the local approval
under this section.
3.
Although the Commission shall be notified of all denials, no such
denial actions are subject to further review and action by the Commission.
f.
Condition on Prior Approvals by the Township.
1.
Where a prior approval has been granted by the Township, no subsequent
approval of an application for development approval shall be obtained
until one of the following is satisfied:
g.
Effect of Pinelands Commission's Decision on Township's Approval.
If the Pinelands Commission disapproves an application for development
previously approved by an approval agency, such approval shall be
revoked by the approval agency within 30 days and the agency shall
thereafter deny the application. If the Commission approves the decision
of an approval agency subject to conditions, the approval agency which
had previously approved the application shall, within 30 days, modify
its approval to include all conditions imposed by the Commission and,
if final approval of the application is required, shall grant final
approval only if the application for approval demonstrates that the
conditions specified by the Commission have been met by the applicant.
h.
Participation of Pinelands Commission in Public Hearings. The Pinelands
Commission may participate in a hearing held in the Township involving
the development of land in the Pinelands Area pursuant to N.J.A.C.
7:50-4.36.
[Ord. #006-2002 § 2; Ord. 004-2015 § 3]
Any person, firm or corporation that shall violate any provision of this chapter, shall, upon conviction thereof by any court authorized by law to hear and determine the manner, be subject to the General Penalty established in Chapter 1, § 1-5 of this Code and be required to abate the violation by complying with the applicable standards of this chapter.
The owner of any building or structure, lot or land or part
thereof, and/or the tenant or occupant of any building or structure,
lot or land or part thereof, where anything in violation of this chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist, and any architect, builder, developer, contractor, agent,
person or corporation engaged in connection therewith and who assists
in the commission of any such violation, shall each be guilty of a
separate violation and upon conviction thereof shall each be liable
to the fine or imprisonment or both specified above.
[Ord. #006-2002, § 2]
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted, or any building, structure or land is
used in violation or contrary to the provisions of this chapter, the
Township may institute an action to enjoin or any other appropriate
action or proceeding to prevent such erection, construction, reconstruction,
alteration, conversion or use.
[Ord. #006-2002, § 2]
This Chapter may be amended by the Township Committee after
the appropriate referrals, notices, hearings and other requirements
of law and compliance with N.J.A.C. 7:50-3.45.
[1]
Editor's Note: Prior ordinance history Ord. Nos. 020-2006,
001-2009.
[Ord. No. 011-2018]
a.
Affordable Housing Obligation.
1.
This section of the Township Code sets forth regulations regarding
the low and moderate income housing units in the Township consistent
with the provisions known as the "Substantive Rules of the New Jersey
Committee on Affordable Housing", N.J.A.C. 5:93 et seq., the Uniform
Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq.
except where modified by the terms of a Settlement Agreement between
the Township and Fair Share Housing Center ("FSHC") such that the
statutory requirement to provide very-low income units equal to 13%
of affordable units approved and constructed after July 1, 2008, to
be affordable to households at 30% of the regional median income,
overrides the UHAC requirement that 10% of all low- and moderate-income
units must be affordable at 35% of the regional median income, and
the Township's constitutional obligation to provide a fair share of
affordable housing for low and moderate income households. In addition,
this section applies requirements for very low income housing as established
in P.L. 2008, c.46 (the "Roberts Bill", codified at N.J.S.A. 52:27D-329.1).
2.
This section is intended to assure that very-low, low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that very-low, low- and moderate-income households shall
occupy these units. This section shall apply to all inclusionary developments
and 100% affordable developments (including those funded with low-income
housing tax credit financing) except where inconsistent with applicable
law.
3.
The Upper Township Planning Board has adopted a Housing Element and
Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1, et seq. The Plan has also been endorsed by the Township
Committee of the Township of Upper. The Fair Share Plan describes
the ways the Township shall address its fair share for low- and moderate-income
housing as determined by the Superior Court and documented in the
Housing Element.
4.
This section implements and incorporates the Fair Share Plan and
addresses the requirements of N.J.A.C. 5:93, as may be amended and
supplemented.
5.
The Township shall file monitoring and status reports with the Superior
Court and place the reports on its municipal website. Any plan evaluation
report of the Housing Element and Fair Share Plan and monitoring evaluation
report prepared by the Special Master in accordance with N.J.A.C.
5:91 shall be available to the public at the Upper Township Municipal
Building, 2100 Tuckahoe Road, Petersburg, New Jersey 08270.
6.
On or about September 27 of each year through the end of the period
of Third Round Judgment of Repose, the Township will provide annual
reporting of the status of all affordable housing activity within
the municipality through posting on the municipal website with a copy
of such posting provided to all parties to the Township's Court-approved
Settlement Agreements, using forms previously developed for this purpose
by the Committee on Affordable Housing or any other forms endorsed
by the Special Master and Fair Share Housing Center ("FSHC").
7.
The Fair Housing Act includes two provisions regarding action to
be taken by the Township during the ten-year period of protection
provided in the Township's agreement with FSHC. The Township agrees
to comply with those provisions as follows:
(a)
By July 1, 2020, the Township must prepare a midpoint realistic
opportunity review, as required pursuant to N.J.S.A. 52:27D-313, which
the Township will post on its municipal website, with a copy provided
to FSHC, a status report as to its implementation of its Plan and
an analysis of whether any unbuilt sites or unfulfilled mechanisms
continue to present a realistic opportunity. Such posting shall invite
any interested party to submit comments to the municipality, with
a copy to FSHC, regarding whether any sites no longer present a realistic
opportunity and should be replaced and whether any mechanisms to meet
unmet need should be revised or supplemented. Any interested party
may by motion request a hearing before the Court regarding these issues.
In the event the Court determines that a site or mechanism no longer
presents a realistic opportunity and should be replaced or supplemented,
then the municipality shall have the opportunity to supplement or
revise its plan to correct any deficiency.
(b)
Within 30 days of September 27, 2020 and September 27, 2023
the Township shall prepare a review of compliance with the very low
income housing requirements required by N.J.S.A. 52:27D-329.1 and
its Settlement Agreement with Fair Share Housing Center. The Township
will post on its municipal website, with a copy provided to FSHC,
a status report as to its satisfaction of its very low income requirements,
including the family very low income requirements referenced herein
and in the Township's Settlement Agreement with FSHC. Such posting
shall invite any interested party to submit comments to the municipality
and FSHC on the issue of whether the municipality has complied with
its very low income housing obligation.
8.
Any project that has received approval to provide affordable housing
prior to August 27, 2018 shall have to continue to provide affordable
housing in accordance with their approved site plan unless amended
by the Planning Board or Zoning Board of Adjustment.
b.
ACCESSORY APARTMENT
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ALTERNATIVE LIVING ARRANGEMENT
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
FAIR SHARE PLAN
HOUSING ELEMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
NON-EXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
SPECIAL MASTER
UHAC
VERY LOW-INCOME HOUSEHOLD
VERY LOW-INCOME UNIT
WEATHERIZATION
Definitions. As used herein the following terms shall have the following
meanings:
Means a self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
Means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Means constructed in compliance with the technical design
standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
Means the entity responsible for the administration of affordable
units in accordance with this section, N.J.A.C. 5:91, N.J.A.C. 5:93
and N.J.A.C. 5:80-26.1 et seq.
Means a regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
Means the average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
Means, a sales price or rent within the means of a low- or
moderate-income household as defined in N.J.A.C. 5:93-7.4; in the
case of an ownership unit, that the sales price for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended
and supplemented, and, in the case of a rental unit, that the rent
for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12,
as may be amended and supplemented.
Means a housing development all or a portion of which consists
of restricted units.
Means a development included in the Housing Element and Fair
Share Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Means any mechanism in a municipal Fair Share Plan prepared
or implemented to address a municipality's fair share obligation.
Means a housing unit proposed or created pursuant to the
Act, credited pursuant to N.J.A.C. 5:93, and/or funded through an
affordable housing trust fund.
Means a housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
Means the New Jersey Housing and Mortgage Finance Agency
established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
Means a structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangement includes, but is not limited
to: transitional facilities for the homeless, Class A, B, C, D, and
E boarding homes as regulated by the New Jersey Department of Community
Affairs; residential health care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
Means a facility licensed by the New Jersey Department of
Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
Means a household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
Means the Committee on Affordable Housing, which is in, but
not of, the Department of Community Affairs of the State of New Jersey,
that was established under the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301 et seq.).
Means the State of New Jersey Department of Community Affairs.
Means a housing unit with health and safety code violations
that require the repair or replacement of a major system. A major
system includes weatherization, roofing, plumbing (including wells),
heating, electricity, sanitary plumbing (including septic systems),
lead paint abatement and/or load bearing structural systems.
Means any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
Means the plan that describes the mechanisms, strategies
and the funding sources, if any, by which the Township proposes to
address its affordable housing obligation as established in the Housing
Element, including the draft ordinances necessary to implement that
plan, and addresses the requirements of N.J.A.C. 5:93-5.
Means the portion of the Township's Master Plan, required
by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and
the Act, that includes the information required by N.J.A.C. 5:93-5.1
and establishes the Township's fair share obligation.
Means a development containing both affordable units and
market rate units. This term includes, but is not necessarily limited
to: new construction, the conversion of a non-residential structure
to residential and the creation of new affordable units through the
reconstruction of a vacant residential structure.
Means a household with a total gross annual household income
equal to 50% or less of the median household income.
Means a restricted unit that is affordable to a low-income
household.
Means the primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load bearing structural systems.
Means housing not restricted to low- and moderate-income
households that may sell or rent at any price.
Means the median income by household size for the applicable
county, as adopted annually by COAH or approved by the NJ Superior
Court.
Means a household with a total gross annual household income
in excess of 50% but less than 80% of the median household income.
Means a restricted unit that is affordable to a moderate-income
household.
Means any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
Means a process by which currently income-eligible households
are selected for placement in affordable housing units such that no
preference is given to one applicant over another except for purposes
of matching household income and size with an appropriately priced
and sized affordable unit (e.g., by lottery).
Means the maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by adopted/approved Regional Income Limits.
Means the repair, renovation, alteration or reconstruction
of any building or structure, pursuant to the Rehabilitation Subcode,
N.J.A.C. 5:23-6.
Means the gross monthly cost of a rental unit to the tenant,
including the rent paid to the landlord, as well as an allowance for
tenant-paid utilities computed in accordance with allowances published
by DCA for its Section 8 program. In assisted living residences, rent
does not include charges for food and services.
Means a dwelling unit, whether a rental unit or ownership
unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
Means an expert appointed by a judge to make sure that judicial
orders are followed. A master's function is essentially investigative,
compiling evidence or documents to inform some future action by the
court.
Means the Uniform Housing Affordability Controls set forth
in N.J.A.C. 5:80-26.1 et seq.
Means a household with a total gross annual household income
equal to 30% or less of the median household income.
Means a restricted unit that is affordable to a very low-income
household.
Means building insulation (for attic, exterior walls and
crawl space), siding to improve energy efficiency, replacement storm
windows, replacement storm doors, replacement windows and replacement
doors, and is considered a major system for rehabilitation.
c.
New Construction. The following requirements shall apply to all new
or planned developments that contain low- and moderate-income housing
units.
1.
Phasing. Final site plan or subdivision approval shall be contingent
upon the affordable housing development meeting the following phasing
schedule for low and moderate income units whether developed in a
single phase development, or in a multi-phase development:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25
|
0
|
|
25+1
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
2.
Design. In inclusionary developments, to the extent possible, low-
and moderate-income units shall be integrated with the market units.
3.
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
4.
Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units:
(a)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low income
unit.
(b)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units.
(c)
Within rental developments, of the total number of affordable
rental units, at least 13% shall be affordable to very low income
households.
(d)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
(1)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(2)
At least 30% of all low- and moderate-income units shall be
two bedroom units;
(3)
At least 20% of all low- and moderate-income units shall be
three bedroom units; and
(4)
The remaining units may be allocated among two and three bedroom
units at the discretion of the developer.
(e)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
5.
Accessibility Requirements:
(a)
The first floor of all new restricted townhouse dwelling units
and all restricted multistory dwelling units attached to at least
one other dwelling unit shall be subject to the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
(b)
All restricted townhouse dwelling units and all restricted multistory
dwelling units attached to at least one other dwelling unit shall
have the following features:
(1)
An adaptable toilet and bathing facility on the first floor;
(2)
An adaptable kitchen on the first floor;
(3)
An interior accessible route of travel on the first floor;
(4)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(5)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(6)
An accessible entranceway as set
forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the
Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Township
has collected funds from the developer sufficient to make 10% of the
adaptable entrances in the development accessible:
[a]
Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
[b]
To this end, the builder of restricted units shall
deposit funds within the Township of Upper's affordable housing trust
fund sufficient to install accessible entrances in 10% of the affordable
units that have been constructed with adaptable entrances.
[c]
The funds deposited under Subsection [b] herein, shall be used by the Township for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d]
The developer of the restricted units shall submit
a design plan and cost estimate for the conversion from adaptable
to accessible entrances to the Construction Official of the Township
of Upper.
[e]
Once the Construction Official has determined that
the design plan to convert the unit entrances from adaptable to accessible
meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7,
and that the cost estimate of such conversion is reasonable, payment
shall be made to the Township of Upper's affordable housing trust
fund in care of the Municipal Treasurer who shall ensure that the
funds are deposited into the affordable housing trust fund and appropriately
earmarked.
[f]
Full compliance with the foregoing provisions shall
not be required where an entity can demonstrate that it is site impracticable
to meet the requirements. Determinations of site impracticability
shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
6.
Maximum Rents and Sales Prices.
(a)
In establishing rents and sales prices of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC and by the Superior Court, utilizing the regional income limits
established.
(b)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
(c)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units.
(1)
At least 13% of all low- and moderate-income rental units shall
be affordable to households earning no more than 30% of median income.
(d)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
(e)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
met:
(1)
A studio or efficiency unit shall be affordable to a one-person
household;
(2)
A one-bedroom unit shall be affordable to a one and one-half
person household;
(3)
A two-bedroom unit shall be affordable to a three-person household;
(4)
A three-bedroom unit shall be affordable to a four and one-half
person household; and
(5)
A four-bedroom unit shall be affordable to a six-person household.
(f)
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be met:
(g)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowner association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(h)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
(i)
The price of owner-occupied low- and moderate-income units may
increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price. Income limits for all units
for which income limits are not already established through a federal
program exempted from the Uniform Housing Affordability Controls pursuant
to N.J.A.C. 5:80-26.1 shall be updated by the Township annually within
30 days of the publication of determinations of median income by HUD
as follows:
(1)
Regional income limits shall be established for the Region 6
based on the median income by household size, which shall be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD. To compute this regional income limit, the HUD determination
of median county income for a family of four is multiplied by the
estimated households within the county according to the most recent
decennial Census. The resulting product for each county within the
housing region is summed. The sum is divided by the estimated total
households from the most recent decennial Census in Region 6. This
quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit
for a household of four shall be 80% of the regional weighted average
median income for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very low income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
(2)
The income limits calculated each year shall be the result of applying the percentages set forth in Subsection (a) above to HUD's determination of median income for the relevant fiscal year, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
(3)
The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection (a) above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.
(j)
The rent levels of very-low-, low- and moderate-income units
may be increased annually based on the percentage increase in the
Housing Consumer Price Index for the Northeast Urban Area, upon its
publication for the prior calendar year. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low income housing tax credits.
(k)
Tenant-paid utilities that are included in the utility allowance
shall be so stated in the lease and shall be consistent with the utility
allowance approved by DCA for its Section 8 program.
d.
Condominium and Homeowners Association Fees. For any affordable housing
unit that is part of a condominium association and/or homeowner's
association, the Master Deed shall reflect that the association fee
assessed for each affordable housing unit shall be established at
100% of the market rate fee.
[Ord. No. 011-2018]
a.
Purpose. The requirements of this subsection apply to all developments
that contain affordable housing units, including any currently unanticipated
future developments that will provide low- and moderate-income housing
units.
b.
Affirmative Marketing.
1.
The Township shall adopt by resolution an Affirmative Marketing Plan,
subject to approval of the Superior Court, compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented.
2.
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 also 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 all marketing activities
toward COAH Housing Region 6 and covers the period of deed restriction.
3.
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in COAH Housing Region 6,
comprised of Atlantic, Cape May, Cumberland and Salem Counties.
4.
The administrative agent designated by the Township shall assure
the affirmative marketing of all affordable units is consistent with
the Affirmative Marketing Plan for the municipality.
5.
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.
6.
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
7.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Township of Upper.
c.
Occupancy Standards.
1.
In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the administrative agent shall strive to:
2.
Additional provisions related to occupancy standards (if any) shall
be provided in the municipal Operating Manual.
e.
Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
1.
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall
remain subject to the controls on affordability for a period of at
least 30 years, until the municipality takes action to release the
controls on affordability.
2.
Rehabilitated owner-occupied housing units that are improved to code
standards shall be subject to affordability controls for a period
of 10 years.
3.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
4.
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
5.
A restricted ownership unit shall be required to obtain a Continuing
Certificate of Occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
f.
Price Restrictions for Restricted Ownership Units, Homeowner Association
Fees and Resale Prices. Price restrictions for restricted ownership
units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended
and supplemented, including:
1.
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
2.
The administrative agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
3.
The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the low-
and moderate-income unit owners and the market unit owners.
4.
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
g.
Buyer Income Eligibility.
1.
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
2.
The administrative agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
h.
Limitations on Indebtedness Secured by Ownership Unit; Subordination.
1.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
2.
With the exception of original purchase money mortgages, during a
control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
i.
Control Periods for Restricted Rental Units.
1.
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain
subject to the controls on affordability for a period of at least
30 years, until the municipality takes action to release the controls
on affordability.
(a)
Restricted rental units created as part of developments receiving
9% Low Income Housing Tax Credits must comply with a control period
of not less than a thirty-year compliance period plus a fifteen-year
extended use period.
2.
Rehabilitated renter-occupied housing units that are improved to
code standards shall be subject to affordability controls for a period
of 10 years.
3.
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Cape May. A copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a Certificate
of Occupancy.
4.
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
j.
Price Restrictions for Rental Units; Leases.
1.
A written lease shall be required for all restricted rental units,
except for units in an assisted living residence, and tenants shall
be responsible for security deposits and the full amount of the rent
as stated on the lease. A copy of the current lease for each restricted
rental unit shall be provided to the administrative agent.
2.
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the administrative agent.
3.
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the administrative agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this section.
k.
Tenant Income Eligibility.
1.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
(a)
Very low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income.
(b)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of median income.
(c)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
2.
The administrative agent shall certify a household as eligible for
a restricted rental unit when the household is a very low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living
conditions;
(d)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(e)
The household documents proposed third-party assistance from
an outside source such as a family member in a form acceptable to
the administrative agent and the owner of the unit.
3.
The applicant shall file documentation sufficient to establish the
existence of the circumstances in paragraphs 2(a) through (e) above
with the administrative agent, who shall counsel the household on
budgeting.
l.
Conversions.
Each housing unit created through the conversion of a non-residential
structure shall be considered a new housing unit and shall be subject
to the affordability controls for a new housing unit.
m.
Alternative Living Arrangements.
1.
The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following
exceptions:
2.
With the exception of units established with capital funding through
a twenty-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least thirty-year controls on affordability in accordance
with UHAC, unless an alternative commitment is approved by the Court.
3.
The service provider for the alternative living arrangement shall
act as the administrative agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
[Ord. No. 011-2018]
a.
Municipal Housing Liaison.
1.
The position of Municipal Housing Liaison for the Township of Upper
is hereby established. The Municipal Housing Liaison shall be appointed
by duly adopted resolution of the Governing Body and be subject to
the approval by the Superior Court.
2.
The Municipal Housing Liaison must be either a full-time or part-time
employee of the Township of Upper.
3.
The Municipal Housing Liaison must meet the requirements for qualifications,
including initial and periodic training found in N.J.A.C. 5:93.
4.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Upper, including the following responsibilities which may not be
contracted out to the administrative agent:
(a)
Serving as the municipality's primary point of contact for all
inquiries from the State, affordable housing providers, administrative
agents and interested households;
(b)
The implementation of the Affirmative Marketing Plan and affordability
controls.
(c)
When applicable, supervising any contracting administrative
agent.
(d)
Monitoring the status of all restricted units in the Township
of Upper's Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required
by the Superior Court;
(f)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
(g)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Superior Court.
b.
Administrative Agent.
1.
The Township shall designate by resolution of the Governing Body,
subject to the approval of the Superior Court, one or more administrative
agents to administer newly constructed affordable units in accordance
with N.J.A.C. 5:93 and UHAC.
2.
An Operating Manual shall be provided by the administrative agent(s)
to be adopted by resolution of the Governing Body and subject to approval
of the Superior Court. The Operating Manuals shall be available for
public inspection in the Office of the Municipal Clerk and in the
office(s) of the Administrative Agent(s).
3.
The administrative agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC and which are
described in full detail in the Operating Manual, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:
(a)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by the Superior Court;
(b)
Affirmative Marketing;
(c)
Household Certification;
(d)
Affordability Controls;
(e)
Records retention;
(f)
Resale and re-rental;
(g)
Processing requests from unit owners; and
(h)
Enforcement, although the ultimate responsibility for retaining
controls on the units rests with the municipality.
(i)
The administrative agent shall, as delegated by the Governing
Body, have the authority to take all actions necessary and appropriate
to carry out its responsibilities, hereunder.
c.
Enforcement of Affordable Housing Regulations.
1.
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
2.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the court to have violated any provision of the regulations
governing affordable housing units the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the court:
(1)
A fine of not more than $500 or imprisonment for a period not
to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
(2)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Township of Upper Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(3)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
(b)
The municipality may file a court action in the Superior Court
seeking a judgment, which would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any 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- and moderate-income unit.
3.
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any First Purchase Money Mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
4.
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 and to the 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.
5.
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.
6.
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.
7.
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.
8.
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.
d.
Appeals. Appeals from all decisions of an administrative agent designated
pursuant to this section shall be filed in writing with the Township.
[Ord. No. 011-2018]
a.
In accordance with the rules and regulations pursuant to N.J.A.C.
5:94 et seq. and the New Jersey Uniform Housing Affordability Controls
pursuant to N.J.A.C. 5:80-26 et seq., the Township of Upper adopts
the following as an affirmative marketing plan.
1.
All affordable housing units shall be marketed in accordance with
the provisions herein.
2.
The Township of Upper has an affordable housing obligation. This
subsection shall apply to all developments that contain proposed low-
and moderate-income units and any future developments that may occur.
3.
In implementing the affirmative marketing program, the Municipal
Housing Liaison shall undertake all of the following strategies:
(a)
Publication of one advertisement in a newspaper of general circulation
within the Housing Region.
(b)
Broadcast of one advertisement by a radio or television station
broadcasting throughout the Housing Region.
(c)
At least one additional regional marketing strategy using one
of the other sources listed below.
4.
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 or sponsor of affordable housing. The affirmative marketing
plan is also 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 all marketing activities toward
the COAH Housing Region in which the municipality is located and covers
the period of deed restriction. The Township of Upper is in the Housing
Region 6 consisting of Atlantic, Cape May, Cumberland and Salem Counties.
The affirmative marketing program is a continuing program and shall
meet the following requirements:
(b)
The primary marketing shall take the form of at least one press
release sent to the above publication and a paid display advertisement
in the above newspaper. Additional advertising and publicity shall
be on an "as needed" basis. The developer shall disseminate all public
service announcements and pay for display advertisements. The developer
shall provide proof of publication to the Housing Administrator. The
Housing Administrator shall approve all press releases and advertisements
in advance. The advertisement shall include a description of the:
(1)
Location of the units;
(2)
Direction to the units;
(3)
Range of prices for the units;
(4)
Size, as measured in bedrooms, of units;
(5)
Maximum income permitted to qualify for the units;
(6)
Location of applications;
(7)
Business hours when interested households may obtain an application;
and
(8)
Application fees, if any.
(e)
The following is the location of applications, brochure(s),
sign(s) and/or poster(s) used as part of the affirmative marketing
program:
(1)
Township of Upper Municipal Building.
(2)
Cape May County Public Library and Branches.
(3)
Upper Township Web site.
(4)
Developer's sales office.
(5)
Municipal libraries and municipal administrative buildings in
the region.
(6)
Cape May County Office of Municipal and County Government Services.
(7)
Cape May County Housing Authority.
(f)
The following is a listing of community contact person(s) and/or
organizations(s) in Atlantic, Cape May, Cumberland and Salem that
will aid in the affirmative marketing program with particular emphasis
on contracts that will reach out to groups that are least likely to
apply for housing within the region:
(1)
Lions Club.
(2)
Habitat for Humanity.
(3)
Rotary Club.
(4)
Houses of worship.
(5)
New Jersey Housing Resource Center.
(6)
Fair Share Housing Center.
(7)
The New Jersey State Conference of the NAACP.
(8)
Latino Action Network.
(9)
Mainland/Pleasantville, Mizpah, Atlantic City and Cape May County
branches of the NAACP.
(g)
Quarterly flyers and applications shall be sent to each of the
following agencies for publication in their journals and for circulation
among their members:
5.
Applications shall be mailed to prospective applicants upon request.
Also, applications shall be available at the developer's sales/rental
office.
6.
Additionally, quarterly informational circulars and applications
shall be sent to the chief administrative employees of each of the
following agencies in the counties of Atlantic, Cape May, Cumberland
and Salem:
7.
A random selection method to select occupants of low- and moderate-income
housing will be used by the Municipal Housing Liaison, in conformance
with N.J.A.C. 5:80-26.16 (1).
b.
The Municipal Housing Liaison is the person responsible to administer
the program. The Municipal Housing Liaison 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 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. 5:80-26. The Municipal Housing Liaison within
the Township of Upper is the designated housing officer to act as
liaison to the Township Administrator. Also, the Municipal Housing
Liaison shall direct qualified low- and moderate-income applicants
to counseling services on subjects such as budgeting, credit issues,
mortgage qualifications, rental lease requirements and landlord/tenant
law.
c.
All developers of low- and moderate-income housing units shall be
required to assist in the marketing of the affordable units in their
respective developments.
d.
The marketing program shall commence at least 120 days before the
issuance of either temporary or permanent certificates of occupancy.
The marketing program shall continue until all low-income housing
units are initially occupied and for as long as affordable units are
deed restricted and occupancy or reoccupancy of units continue to
be necessary.
e.
The Municipal Housing Liaison will comply with monitoring and reporting
requirements as per N.J.A.C. 5:80-26.
[Added 7-22-2024 by Ord. No. 010-2024]
a.
All new construction multifamily or single-family attached residential
dwelling unit developments, whether for sale or rental, within the
borders of the Township of Upper proposing five units or more, shall
have a mandatory 20% set-aside for the purposes of providing affordable
housing to very-low-, low- and moderate-income households. This applies
to all such developments, whether permitted by a zoning amendment,
an approval or variance, including use variance, granted by the Township's
Planning Board or Zoning Board, or through the adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation. All affordable units must be constructed on-site;
provided, however, that the Township (Planning Board or Zoning Board)
may, on a case-by-case basis, permit off-site affordable housing,
at its sole discretion.
b.
The provisions herein shall not apply to residential expansion, additions,
renovations, replacements, or any other type of residential development
that does not result in a net increase in the number of dwelling units.
c.
This section shall not apply to developments containing four or less
dwelling units.
d.
All subdivision and site plan approvals of qualifying residential
development shall be conditioned upon compliance with the provisions
of this section.
e.
Where a development demolishes existing dwelling units and builds
new dwelling units on the same site, the provisions of this section
shall apply only if the total number of newly constructed dwelling
units on the site is five or more.
f.
For any such development where the Township's land use ordinances
(e.g., zoning or an adopted redevelopment plan) already permitted
residential development as of the effective date of the adoption of
this section, this requirement shall only apply if the Township permits
an increase in approvable and developable gross residential density
to beyond the permitted approvable and developable gross residential
density as of the effective date of the adoption of this ordinance.
g.
Nothing in this subsection precludes the Township Planning Board
or Zoning Board from imposing an affordable housing set-aside in a
development not required to have a set-aside pursuant to this paragraph
consistent with N.J.S.A. 52:27D-311(h) and other applicable law.
h.
The requirements in this subsection do not create any entitlement
for a property owner or applicant for a zoning amendment, variance,
or adoption of a redevelopment plan or amended redevelopment plan
in areas in need of redevelopment or rehabilitation, or for approval
of any particular proposed project.
i.
The requirements in this subsection do not apply to any sites or
specific overlay zones otherwise identified in the Township's
adopted Fair Share Plan, for which density and set-aside standards
shall be governed by the specific standards set forth therein.
j.
Notwithstanding any provision to the contrary, any density transfer
requirement in any zone shall not apply to applications or projects
including an affordable housing set aside of at least 20%.
k.
For any residential developments with more than four dwelling units
which results in a fractional share, the set-aside shall be rounded
down to the next whole number and the developer shall pay into the
affordable housing trust fund a fractional share of an affordable
housing unit to be derived from calculations for payments in lieu
of constructing affordable housing as published in N.J.A.C. 5:97-6.4(c)3
for the region in which the Township is located as may be amended
from time to time multiplied by the fractional unit. Payment in lieu
is only permitted for fractional shares.
[Ord. #013-2009]
a.
In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27d-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
b.
Pursuant to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide
Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH
is authorized to adopt and promulgate regulations necessary for the
establishment, implementation, review, monitoring and enforcement
of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of the Council
or court of competent jurisdiction and have a COAH-approved spending
plan may retain fees collected from nonresidential development.
c.
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L. 2008, c.46, Sections 8 and 32-38. Fees collected
pursuant to this section shall be used for the sole purpose of providing
low- and moderate-income housing. This section shall be interpreted
within the framework of COAH's rules on development fees, codified
at N.J.A.C. 5:97-8.
[Ord. #013-2009]
[Ord. #013-2009]
The following terms, as used in this subsection, shall have
the following meanings:
Shall mean a development included in the Housing Element
and Fair Share Plan, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a 100% affordable
development.
Shall mean the New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the State.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
Shall mean money paid by a developer for the improvement
of property as permitted in N.J.A.C. 5:97-8.3.
Shall mean the assessed value of a property divided by the
current average ratio of assessed to true value for the municipality
in which the property is situated, as determined in accordance with
sections 1, 5, and 6 of P.L. 1973, c. 123 (C. 54:1-35a through c).
Shall mean those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
[Ord. #013-2009; Ord. #027-2009]
a.
Imposed Fees.
1.
Within all residential zone districts, Marmora Town Center District
(MTCD), Waterfront Town Center (WTC), Town Center (TC) and Town Center
Core (TCC) Zone Districts, and other zone districts which permit residential
uses, residential developers, except for developers of the types of
development specifically exempted below, shall pay a fee of 1.5% of
the equalized assessed value of the land and improvements for all
new residential construction on an unimproved lot or lots, provided
no increased density is permitted.
[Amended 5-26-2020 by Ord. No. 005-2020]
2.
Residential developers, except for the developers of the types of
development specifically exempted below, shall also pay a fee equal
to 1.5% of the equalized value resulting from any new accessory structure
or alteration, reconstruction, renovation, repair, and/or addition
to an existing structure used for residential purposes that increases
the building footprint or volume.
3.
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 1.5%
shall be calculated on the difference between the equalized assessed
value of pre-existing land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the residential
development fee shall be zero.
4.
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5)
(known as a "d" variance) has been permitted, developers may be required
to pay a development fee of 6% of the equalized assessed value for
each additional unit that may be realized. However, if the zoning
on a site has changed during the two-year period preceding the filing
of such a variance application, the base density for the purposes
of calculating the bonus development fee shall be the highest density
permitted by right during the two-year period preceding the filing
of the variance application. Example: If an approval allows four units
to be constructed on a site that was zoned for two units, the fees
could equal 1.5% of the equalized assessed value on the first two
units; and the specified higher percentage up to 6% of the equalized
assessed value for the two additional units, provided zoning on the
site has not changed during the two-year period preceding the filing
of such a variance application.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Residential
Development.
1.
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality and developments where the developer has made a payment
in lieu of on-site construction of affordable units shall be exempt
from development fees.
2.
Developments that have received preliminary or final site plan approval
prior to the adoption of the development fee ordinance shall be exempt
from development fees, unless the developer seeks a substantial change
in the approval or the approval required compliance with future municipal
COAH ordinances and regulations. Where a site plan approval does not
apply, a zoning and/or construction permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the construction permit
is issued.
3.
The fee shall not apply to an increase in equalized assessed value
resulting from alterations, reconstruction, renovations or repairs
that do not result in an increase in building footprint or volume.
4.
Any entity or organization specified in N.J.S.A. 40A:12-21 or structure
that is exempt from the payment of ad valorem real estate taxes.
[Ord. #013-2009]
a.
Imposed Fees.
1.
Within all zoning districts, nonresidential developers, except for
developers of the types of development specifically exempted, shall
pay a fee equal to 2.5% of the equalized assessed value of the land
and improvements, for all new nonresidential construction on an unimproved
lot or lots.
2.
Nonresidential developers, except for developers of the types of
development specifically exempted, shall also pay a fee equal to 2.5%
of the increase in equalized assessed value resulting from any additions
to existing structures to be used for nonresidential purposes.
3.
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the pre-existing land and improvement and the equalized assessed
value of the newly improved structure, i.e. land and improvement,
at the time final Certificate of Occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential
Development.
1.
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the 2.5% development fee, unless
otherwise exempted below.
2.
The 2.5% fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
3.
Nonresidential developments shall be exempt from the payment of nonresidential
development fees in accordance with the exemptions required pursuant
to P.L.2008, c.46, as specified in the Form N-RDF "State of New Jersey
Non-Residential Development Certification/Exemption" Form. Any exemption
claimed by a developer shall be substantiated by that developer.
4.
A developer of a nonresidential development exempted from the nonresidential
development fee pursuant to P.L. 2008, c.46 shall be subject to it
at such time the basis for the exemption no longer applies, and shall
make the payment of the non-residential development fee, in that event,
within three years after that event or after the issuance of the final
certificate of occupancy of the nonresidential development, whichever
is later.
5.
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by Upper Township as a lien against the real property
of the owner.
6.
Developments that have received preliminary or final site plan approval
prior to the adoption of the development fee ordinance shall be exempt
from development fees, unless the developer seeks a substantial change
in the approval or the approval required compliance with future municipal
COAH ordinances and regulations. Where a site plan approval does not
apply, a zoning and/or construction permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the construction permit
is issued.
[Ord. #013-2009]
a.
Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall notify
the Construction Official responsible for the issuance of a construction
permit.
b.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
c.
The Construction Official responsible for the issuance of a construction
permit shall notify the local Tax Assessor of the issuance of the
first construction permit for a development which is subject to a
development fee.
d.
Within 90 days of receipt of that notice, the Municipal Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
e.
The Construction Official responsible for the issuance of a final
Certificate of Occupancy notifies the local assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
f.
Within 10 business days of a request for the scheduling of a final
inspection, the Municipal Tax Assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
g.
Should the Township of Upper fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of section 37 of P.L. 2008, c.46 (C.40:55D-8.6).
h.
50% of the development fee shall be collected at the time of issuance
of the construction permit which shall be nonrefundable. The remaining
portion shall be collected at the issuance of the Certificate of Occupancy.
The developer shall be responsible for paying the difference between
the fee calculated at construction permit and that determined at issuance
of Certificate of Occupancy. No certificate of occupancy shall be
issued to the developer until all remaining developer fees have been
paid in full.
i.
Appeal of Development Fees.
1.
A developer may challenge residential development fees imposed by
filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in
an interest bearing escrow account by the Township of Upper. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
2.
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by Township of Upper.
Appeals from a determination of the Director may be made to the tax
court in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
[Ord. #013-2009]
a.
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Chief Financial Officer for the purpose
of depositing development fees collected from residential and non-residential
developers and proceeds from the sale of units with extinguished controls.
b.
The following additional funds shall be deposited in the affordable
housing trust fund and shall at all times be identifiable by source
and amount:
1.
Payments in lieu of on-site construction of affordable units;
2.
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
3.
Rental income from municipally operated units;
4.
Repayments from affordable housing program loans;
5.
Recapture funds;
6.
Proceeds from the sale of affordable units; and
7.
Any other funds collected in connection with Township of Upper's
affordable housing program.
c.
Within seven days from the opening of the trust fund account, the
Township of Upper shall provide COAH with written authorization, in
the form of a three-party escrow agreement between the municipality,
the approved municipal banking institution and COAH to permit COAH
to direct the disbursement of the funds as provided for in N.J.A.C.
5:97-8.13(b).
d.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
[Ord. #013-2009]
a.
The expenditure of all funds shall conform to a spending plan approved
by COAH. Funds deposited in the housing trust fund may be used for
any activity approved by COAH to address the Township of Upper's fair
share obligation and may be set up as a grant or revolving loan program.
Such activities include, but are not limited to: preservation or purchase
of housing for the purpose of maintaining or implementing affordability
controls, rehabilitation, new construction of affordable housing units
and related costs, accessory apartment, market to affordable, or regional
housing partnership programs, conversion of existing nonresidential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or State standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
8.9 and specified in the approved spending plan.
b.
Funds shall not be expended to reimburse Upper Township for past
housing activities.
c.
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low and moderate
income households in affordable units included in the municipal Fair
Share Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
1.
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs.
2.
Affordability assistance to households earning 30% or less of median
income may include buying down the cost of low or moderate income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
3.
Payments in lieu of constructing affordable units on site and funds
from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
d.
Township of Upper may contract with a private or public entity to
administer any part of its Housing Element and Fair Share Plan, including
the requirement for affordability assistance, in accordance with N.J.A.C.
5:96-18.
e.
No more than 20% of all revenues collected from development fees,
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses of
the affordable housing trust fund.
[Ord. #013-2009]
a.
The Township of Upper shall complete and return to COAH all monitoring
forms included in monitoring requirements related to the collection
of development fees from residential and nonresidential developers,
payments in lieu of constructing affordable units on site, funds from
the sale of units with extinguished controls, barrier-free escrow
funds, rental income, repayments from affordable housing program loans,
and any other funds collected in connection Township of Upper's housing
program, as well as to the expenditure of revenues and implementation
of the plan certified by COAH. All monitoring reports shall be completed
on forms designed by COAH.
[Ord. #013-2009]
The ability for the Township of Upper to impose, collect and
expend development fees shall expire with its substantive certification
unless the Township of Upper has filed an adopted Housing Element
and Fair Share Plan with COAH, has petitioned for substantive certification,
and has received COAH's approval of its development fee ordinance.
If the Township of Upper fails to renew its ability to impose and
collect development fees prior to the expiration of substantive certification,
it may be subject to forfeiture of any or all funds remaining within
its municipal trust fund. Any funds so forfeited shall be deposited
into the "New Jersey Affordable Housing Trust Fund" established pursuant
to section 20 of P.L.1985, c. 222 (C. 52:27D-320). The Township of
Upper shall not impose a residential development fee on a development
that receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
the Township of Upper retroactively impose a development fee on such
a development. The Township of Upper shall not expend development
fees after the expiration of its substantive certification or judgment
of compliance.
